DETAILED ACTION
The amendment filed July 20, 2026 has been entered. Claims 1 and 3-17 remain pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Currently, no claim limitation is being interpreted as invoking 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-9 and 11-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 2017/0002981 to Carron et al. (Carron).
Regarding claim 1, Carron discloses a method ([0031]) for determining a residual supply time (“theoretical autonomy” [0054] and “actual autonomy” [0055]) for a gas contained in a pressurized container (2) through a valve group (1), the valve group comprising a main structure (shown in Fig. 1), a rotary control element (5) which is rotatably connected to the main structure (Fig. 1 and [0043])) and which is configured so as to allow a passage of a variable flow of gas through the valve group in accordance with an angular position (Fig. 8 and [0043]) thereof about a main rotation axis (X), wherein the valve group further includes a display device (8), the method comprising: a. associating with a plurality of angular positions (al .... an) respective residual time values in accordance with a selected flow ([0020] and [0054]; “the time is associated with the flow rate “set by the regulating member” which is controlled by the angular position of control member 5); b. determining a residual time value in accordance with the selected flow corresponding to the angular position of the rotary control element (see [0043] and [0046]); c. determining a pressure value of the gas inside the pressurized container (via pressure sensor 10; see [0055]); d. calculating a residual time value in accordance with the pressure (TRDP) of the pressure value (see [0055]); e. comparing (see [0059]) the residual time value in accordance with the selected flow (TRV) and the residual time value in accordance with the pressure (TRDP); f. selecting a value from the residual time value in accordance with the selected flow (TRV) and the residual time value in accordance with the pressure (TRDP) depending on one or more operating parameters of the valve group and/or the pressurized container (see [0030], [0069]-[0072] and [0106]), wherein the operating parameters comprise one or more from: time passed from an initial time of the passage of the gas flow, pressure (P) measured inside the container (from pressure sensor 10), temperature (T) of the gas ([0066]), volume (Vb) of the container, angular position (a) of the rotary control element (from sensor 9); g. displaying on the display device the value selected from the residual time value in accordance with the selected flow (TRV) or the residual time value in accordance with the pressure (TRDP) depending on said one or more operating parameters of the valve group and/or the pressurized container ({0051] and [0060]).
Regarding claim 3, Carron discloses calculating a difference (DTR) between the residual time value in accordance with the selected flow (TRV) and the residual time value in accordance with the pressure (TRDP) (see [0059] and [0068]).
Regarding claim 4, Carron discloses displaying the residual time value in accordance with the selected flow (TRV) before a predetermined time period, independently of the one or more operating parameters of the valve group (100) and/or the pressurized container (see [0030]).
Regarding claim 5, Carron discloses the residual time value in accordance with the selected flow (TRV) is displayed before the predetermined time period without carrying out the calculation of the difference between the residual time value in accordance with the selected flow (TRV) and the residual time value in accordance with the pressure (TRDP) (see [0030]).
Regarding claim 6, Carron discloses the calculation of the difference (DTR) between the residual time value in accordance with the selected flow (TRV) and the residual time value in accordance with the pressure (TRDP) is carried out after the predetermined time period has passed from an initial time of the passage of the gas flow (inherent that a predetermined time period has passed before the calculation; i.e., the calculation is carried out via a program which occurs at a predetermined time).
Regarding claim 7, Carron discloses the residual time value in accordance with the selected flow (TRV) is displayed if the difference (DTR) between the residual time value in accordance with the selected flow (TRV) and the residual time value in accordance with the pressure (TRDP) is less than a first threshold (see [0060], [0068] and [0070]).
Regarding claim 8, Carron discloses the residual time value in accordance with the pressure (TRDP) is displayed if a predetermined time period has passed and the difference (DTR) between the residual time value in accordance with the selected flow (TRV) and the residual time value in accordance with the pressure (TRDP) is greater than the first threshold ((see [0060], [0068] and [0070])).
Regarding claim 9, Carron discloses emitting an alarm signal if the difference (DTR) between the residual time value in accordance with the selected flow (TRV) and the residual time value in accordance with the pressure (TRDP) is greater than a second threshold, wherein the second threshold is greater than the first threshold (see [0060]).
Regarding claim 11, Carron discloses wherein the angular position (a) of the control element is measured by means of a magnetic tunnel effect angle sensor TMR (see [0100]).
Regarding claim 12, Carron discloses storing in a storage unit the residual time values in accordance with a selected flow (TRV) which are associated with the plurality of angular positions (see [0046] and [0053]-[0055]).
Regarding claim 13, Carron discloses the residual time value in accordance with the selected flow (TRV) is determined in accordance with the angular position (a) of the rotary control element independently of actual physical characteristics of the supply of the gas (see [0046] and [0053]-[0054]).
Regarding claim 14, Carron discloses the valve group (1) for pressurized containers comprising a main structure (fig. 1), a rotary control element (5) which is rotatably connected to the main structure (fig. 1) and which is configured so as to allow a flow of gas through the valve group in accordance with an angular position (a) thereof about a main rotation axis (X), a measuring device (9) for the angular position (a) which includes an angular position sensor ([0100]), the valve group comprising a control unit (7) which is configured to determine a pressure value (via pressure sensor 10) of the gas inside the pressurized container (B) and which is interfaced with the position sensor so as to receive the angular position (a) of the control device ([0046]), the control unit being configured to carry out the method according to claim 1, and comprising a storage unit (see [0046]) which is configured to store the residual time values in accordance with the selected flow (TRV) which are associated with each position of the control device (1) and which is configured so as to calculate a residual time value in accordance with the pressure (TRDP) on the basis of the pressure value (P) and to compare it with the residual time value in accordance with the selected flow (TRV) (see [0046] and [0053]-[0059]).
Regarding claim 15, Carron discloses the angular position sensor comprises a magnetic tunnel effect angle sensor TMR (see [0100]).
Regarding claim 16, Carron discloses a movement conversion mechanism which is configured so as to convert the movement of the rotary control element about the main axis into a corresponding rotational movement of the movable member about an auxiliary rotation axis which is different from the main rotation axis (shown in Fig. 3).
Regarding claim 17, Carron discloses the angular position sensor defines a measurement axis which is aligned with the auxiliary rotation axis ([0098]; axis of the wheel).
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the cited documents do not disclose the specific formula recited by claim 10 and the examiner finds no evidence that the formula would be derived or applied to the teachings of Carron without the teachings of Applicant’s disclosure. Therefore, the cited documents do not disclose or render obvious the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication 2014/0130875 discloses a method for monitoring the remaining time for gas in a cylinder and US Patent 12,234,949 discloses a control device for calculating the remaining fluid remaining in a cylinder.
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/NICOLAS A ARNETT/Primary Examiner, Art Unit 3753 August 4, 2026
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