DETAILED ACTION
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 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.
Claim(s) 1, 3-5, and 8-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US 4,010,928).
Regarding claim 1, Smith discloses a valve (Figs. 1-6) comprising: a main body (10) having a through bore (12); a passage (14) transverse to the through bore (Fig. 2); a gate (16) disposed in the transverse passage, wherein the gate is configured for motion between a position (as shown in Fig. 3) with an opening on the gate coincident with the through bore to permit fluid flow via the through bore and a position (as shown in Fig. 2) to restrict fluid flow via the through bore; and wherein the gate is configured for motion along the transverse passage in one direction (the horizontal direction with respect to Figs. 2-3) in response to a first force (the force introduced by the pressure media through conduit 111) acting on the gate and in another direction in response to a second force (the force introduced by the pressure media through conduit 110) acting on the gate. (Col. 4, lines 32 through Col. 5, line 2)
Regarding claim 3, Smith further discloses the valve of claim 1 further comprising an actuator (the system comprising pistons 76, 77 that cooperates with the system controlling pressure media through 110, 111) configured to apply a force on the gate to move the gate along the transverse passage. (Col. 4, lines 32 through Col. 5, line 2)
Regarding claim 4, Smith further discloses the valve of claim 3 wherein the actuator is disposed inside the main body. (as shown in Figs. 1 and 2; see how at least 76, 77 and at least portions of 110, 111 are inside 10)
Regarding claim 5, Smith further discloses the valve of claim 1 wherein the gate comprises at least one seal (68, 69) to restrict fluid flow between the through bore and the transverse passage. (Figs. 1-3)
Regarding claim 8, Smith further discloses the valve of claim 1 wherein the body is configured with a first internal passage (111) to channel fluid to apply the first force on the gate to move the gate along the transverse passage. (Col. 4, lines 32 through Col. 5, line 2)
Regarding claim 9, Smith further discloses the valve of claim 8 wherein the body is configured with a second internal passage (110) to channel fluid to apply the second force on the gate in opposition to the first force to move the gate along the transverse passage. (Col. 4, lines 32 through Col. 5, line 2)
Regarding claim 10, Smith further discloses the valve of claim 9 wherein the gate is configured for motion toward the position to restrict fluid flow via the through bore when one of the first force or the second force applied on the gate is reduced. (Col. 4, lines 32 through Col. 5, line 2)
Regarding claim 11, Smith further discloses the valve of claim 8 wherein the body is configured with a second internal passage (110) to channel a gas (MPEP 2115 states: "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935).) to apply the second force on the gate in opposition to the first force to move the gate along the transverse passage. (Col. 4, lines 32 through Col. 5, line 2)
Regarding claim 12, Smith further discloses the valve of claim 11 wherein the gate is configured for motion toward the position to restrict fluid flow via the through bore when the second force is greater than the first force applied on the gate. (Col. 4, lines 32 through Col. 5, line 2)
Regarding claim 13, Smith further discloses the valve of claim 1 wherein the gate has a first surface (the top surface of 16 with respect to Fig. 2) and a second surface (the bottom surface of 16 with respect to Fig. 2) opposite the first surface, with a first seal (68) disposed on the first surface and a second seal (69) disposed on the second surface.
Regarding claim 14, Smith further discloses the valve of claim 13 wherein the first seal and the second seal are each configured to restrict fluid flow between the through bore and the transverse passage when the gate is in the position to restrict fluid flow via the through bore. (as shown in Fig. 2; Col. 4, lines 32 through Col. 5, line 2)
Regarding claim 15, Smith further discloses the valve of claim 13 wherein the first seal and the second seal are each configured to restrict fluid flow between the through bore and the transverse passage when the gate is in the position to permit fluid flow via the through bore. (as shown in Fig. 3, see how 68 and 69 work along with 82 to ensure fluid does not flow into 14)
Regarding claim 16, Smith further discloses the valve of claim 1 wherein the gate is configured for motion free of any mechanical linkage. (Col. 4, lines 32 through Col. 5, line 2)
Regarding claim 17, Smith further discloses the valve of claim 1 further comprising a cap (120) mounted on the main body and configured for detachment to respectively permit removal and insertion of the gate from/into the body. (Figs. 1-3; Col. 5, lines 29-44)
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Elliot et al. (US 2011/0042592, hereafter “Elliot”).
Regarding claim 2, Smith further discloses the valve of claim 1, but fails to disclose an insert disposed in the main body coincident with the through bore; the insert configured with a plurality of openings formed thereon, wherein the gate is configured for movement along the transverse passage to control fluid flow via the plurality of openings.
Elliot teaches a valve comprising an insert (26) disposed in the main body (14) coincident with the through bore (44); the insert configured with a plurality of openings (94) formed thereon, wherein the gate (16) is configured for movement along the transverse passage to control fluid flow via the plurality of openings. (Fig. 3; para. [0032])
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the valve of Smith to include an insert as taught by Elliot in order to provide a means to control the fluid pressure flowing through the through bore which would reduce jets of fluid flow downstream, thereby reducing erosion of the interior surfaces of the valve and associated piping. (para. [0032])
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Angstmann et al. (WO 2021/141999 A1, hereafter “Angstmann”).
Regarding claim 6, Smith further discloses the valve of claim 1, but fails to disclose the gate comprises at least one seal configured for energization to restrict fluid flow between the through bore and the transverse passage.
Angstmann teaches a valve (100) comprising a gate (112) that comprises at least one seal (10) configured for energization to restrict fluid flow between the through bore (104) and the transverse passage (106). (para. [0052] - [0054])
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the valve and seal of Smith to include and accommodate the seal of Angstmann in order to provide an improved seal construction that allows increased seal efficiency when energized and allow the gate to move easier when not energized. (para. [0052] - [0054])
Regarding claim 7, Smith in view of Angstmann further discloses the valve of claim 6 wherein the gate is configured with an internal fluid passage (132 – as taught by Angstmann) to channel fluid to energize the at least one seal configured for energization. (Fig. 8 and 9)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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/PAUL J GRAY/Primary Examiner, Art Unit 3753