DETAILED ACTION
Non Final
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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on 06/09/2026 has been entered.
Response to Amendment/Arguments
Claims 13-17, 19-29, 31-34 are pending. Claim 13 is currently amended. Claim 30 is canceled. Claims 33 and 34 are newly added. It appears no new matter has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-17, 19-29, 31-34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites “the bypass line bypasses the non-return valve irrespective of the position of the non-return valve” where it is unclear how or in what way the bypass line should bypass the valve by passing fluid through the bypass even when the non return valve is closed, or merely to provide an open passage along the bypass line at all times; the amendment conflates the breadth of the language with lack of clarity, making any future infringement indeterminate as to the metes and bounds of the claim.
Claim Objections
Claims 33 and 34 depend from a previously canceled claim 11. They will be taken as to be depending from independent claim 13. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13-15, 17-22, 24-26, 29, 31-33 is/are rejected (as indefinitely understood) under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Guglielmi (US 4592533);
Claim(s) 16, 27 and 28 is/are rejected (as indefinitely understood) under 35 U.S.C. 103 as being unpatentable over Guglielmi as applied to claims 13 and 14 (as indefinitely understood) above, and further in view of Bush (US 8490646);
Claim(s) 23 is/are rejected (as indefinitely understood) under 35 U.S.C. 103 as being unpatentable over Guglielmi as applied to claims 13 (as indefinitely understood) above, and further in view of Bill (US 8840081).
Guglielmi discloses in claim 13: (see at least annotated figure 3 below)
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A valve (figure 3) comprising a valve housing (body of 1, 11 and 26) which has two fluid connection points (2/3) for guiding fluid and comprising an actuation device (electromagnetic solenoid coil 24) for actuating a main piston (34) of a poppet valve (at 1002), said main piston being received in the valve housing (as shown), wherein the valve housing together with the poppet valve receives a non-return valve (45 Col 4 ln 5-63); at least one bypass line (via 30/10/37/38/1004 and is surrounded by and so…) runs in the valve housing, the at least one bypass line routing a fluid flow present at one fluid connection point (from 2) in the direction of a valve chamber (at least via 1004) when the poppet valve is in the open state, while bypassing the non-return valve (when open), said flow being able to be controlled by the main piston of the poppet valve; the bypass line bypasses the non-return valve irrespective of the position of the non-return valve (under a broad reasonable interpretation of the claim language as taken in context, line 38 is open through the main piston (i.e. it is not closed on either end of the piston itself) and thus allows fluid therein at all times); arranged adjacent to the further fluid connection point and opposite one another along a longitudinal axis of the valve (the valves of 34 and 45 operated in opposite fluid and the central longitudinal axial directions from one another, 45 moves down to open, and 34 moves up to open), a closing body of the non-return valve (the body of 45) and the main piston of the poppet valve are guided in a longitudinally displaceable manner (along the central axis of the valve) in the valve housing; and wherein the valve chamber is permanently connected to the further fluid connection point in a fluid-conveying manner.
Guglielmi discloses in claims 14 and 25: The valve of claim 13, wherein the poppet valve is a 2/2 directional poppet valve (the poppet is a pilot operated two port / two way valve see title and abstract and background Col 1 ln 7 - 18.)
Guglielmi discloses in claims 15 and 26: wherein the non-return valve is arranged in a fluid connection between one and the other fluid connection point (fluid flows from 2 via 38 to chamber 10 and then via 35 to port 3, and non return valve 45 is interposed between the ports to control fluid flow there between.)
Guglielmi discloses in claim 16, 27 and 28: wherein the non-return valve comprises a [fluid pressure] loaded closing body (45), which blocks the fluid connection in the direction of the other fluid connection point (from 3 to 2 via chamber 10) as soon as a fluid pressure at one fluid connection point (3 and chamber 35) is higher than at the other fluid connection point (2 and via 36/chamber 10.) Guglielmi does not disclose: a spring loaded closing body; but Bush teaches: using a spring (124 figure 6) loaded closing body (122) for the purpose of maintaining a closed position in the hydraulic line for a certain amount of pressure (Col 7 ln 15-30) and to naturally bias the valve closed (all for the purpose of for example, maintaining a closed position to meet the pressure level requirements for opening the valve.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Guglielmi as taught in Bush with a spring loaded closing body to maintain a closed position in the hydraulic line for a certain amount of pressure as taught by Bush, and to naturally bias the valve closed, all for the purpose of for example, maintaining a closed position to meet the pressure level requirements for opening the valve.
Guglielmi discloses in claims 17, 29 : wherein a fluid passage (36 or 8) from the bypass line (38/10 or 1004) into the valve chamber (35) is a) normally closed in an actuated position and normally open in an unactuated position of the poppet valve or b) normally open in the actuated position and normally closed in the unactuated position of the poppet valve (as seen in figure 3, the valve is normally closed when not actuated, and normally open when actuated to the open position.)
Guglielmi discloses in claim 19: The valve of claim 13, wherein an orifice (orifice of 8 or 36) is connected between the valve chamber (of 1004 or in 10) and the further fluid connection point (3), said orifice being able to generate a differential pressure which is dependent on a volume flow in a throughflow direction (via 35 or from 2 to 3 via 1004) from the fluid connection point to the further fluid connection point.
Guglielmi discloses in claim 20: The valve of claim 13, wherein a pilot control of the poppet valve comprises a pilot control piston (17), which engages through the main piston (via top of 36) of the poppet valve, and which is operatively connected (for opening and closing…) to the pilot control piston
Guglielmi discloses in claim 21: The valve of claim 13, wherein, for indirect control of the main piston, the actuation device (as shown via 28 and 17) acts exclusively on the pilot control piston.
Guglielmi discloses in claim 22: The valve of claim 13, wherein the pilot control piston controls an axial orifice (at 36) in the main piston, which, in a released state, creates a permanent fluid connection between the pilot control chamber (above 34 in 10) and the valve chamber (below 34 in 1004.)
Guglielmi discloses in claim 23: The valve of claim 13, wherein the main piston also has a radial (radially offset, axially parallel) orifice (37), which can be supplied with fluid via a fluid passage (38) between the outer circumference of the main piston and an adjacent inner circumference of the valve housing and which emerges in the pilot control chamber (above 34 in 10); Guglielmi does not disclose: a transversely aligned radially extending fluid passage with radial orifice; but Bill (US 8840081) teaches: a transversely aligned radially extending fluid passage with radial orifice (all via 41) with a pilot control piston extending into the main piston which provides for example a more compact main piston and hydraulic valve arrangement;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Guglielmi as taught in Bill a transversely aligned radially extending fluid passage with radial orifice where the pilot control piston can extend into the main piston, all for the purpose of providing a more compact main piston and hydraulic valve arrangement, which reduces payload.
Guglielmi discloses in claim 24: The valve of claim 13, wherein the actuation device comprises a coil winding (24) and when said coil winding is energized, a solenoid armature (28) actuates the pilot control valve (1002) such that the main piston moves into a position[:] that blocks the fluid passage between the respective bypass line and the valve chamber or (the use of “or” indicating an alternative grouping under MPEP 2131) into a position releasing said fluid passage respectively (as seen in figure 3, the pilot valve is spring biased closed, and actuates to open.)
Guglielmi discloses in claim 31: The valve of claim 13, wherein the pilot control of the poppet valve comprises a pilot control piston (17), which engages through (via and into 36) the main piston of the poppet valve, and which is operatively connected to the pilot control piston by means of an energy accumulator (via spring 42.)
Guglielmi discloses in claim 32: The valve of claim 31, wherein the energy accumulator is a compression spring (42 is a compression spring that compresses the armature and pilot control piston into engagement with the main piston.)
Guglielmi discloses in claim 33: The valve of claim [13/]11, wherein the closing body and the main piston being arranged spaced apart from each other (the two must be spaced apart so as to have relative movement as shown.)
Allowable Subject Matter
Claim 34 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
In claim 34 the following “the bypass line begins at a free end face of the valve housing”, and in combination with all the limitations therein and the parent claims above; to provide such an arrangement would make the primary reference inoperable and no longer allow the pilot valve to operate and designed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Godbillion (US 2021/0313022) discloses a direct acting solenoid valve with a fluid bypass at the free end face thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W JELLETT, whose telephone number is 571-270-7497. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Ken Rinehart can be reached at (571)-272-4881, or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew W Jellett/Primary Examiner, Art Unit 3753
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