DETAILED ACTION
Claim(s) 1-20 are pending for consideration following applicant’s preliminary amendment filed 11/01/2024.
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 § 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 1-20 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 1 recites “a working channel enabling a fluid outlet open” in line 3. It is unclear what is meant by these limitations and how applicant’s working channel, which is merely a flow path, enables a fluid outlet to open.
Claim 1 recites “releasing a fluid connection between the feed channel and the valve chamber in permanent fluid connection” in lines 12-13. The limitation of a “permanent” fluid connection is unclear because applicant’s valve is movable into and out of engagement with the seat.
Claim 1 recites “which acts in the opposite direction in this respect” in lines 18-19. It is unclear what is meant by “in this respect”.
Claim 14 recites “the closing spring is enclosed by the sleeve-shaped sidewall and is supported on the one hand on the ground wall of the valve member and on the other hand on an axially opposite housing-fixed support body” in lines 6-9. The phrases “on the one hand” and “on the other hand” are unclear. It appears that these limitations should be “at one end” and “at a second end” or similar.
Claim 14 recites “the opening spring surrounds the sleeve-shaped sidewall and is supported within the valve chamber on the one hand on the valve housing and on the other hand on the support wall of the valve member” in lines 9-11. The phrases “on the one hand” and “on the other hand” are unclear. It appears that these limitations should be “at one end” and “at a second end” or similar.
Claim 18 recites “is fixed to the valve housing in a manner fixed to the housing” in lines 5-6. These limitations are unclear, it appears the phrase may be missing a word.
Claim 19 recites the limitation "the region" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 20, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
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 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) 1-5, 8-12, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato (US Patent 6,273,396).
Regarding Claim 1, Kato discloses a valve (Figure 1 especially) for controlling the flow of a fluid (abstract), comprising a valve housing (housing including 11) which delimits a valve chamber (chamber including the region for spring 13) into which a feed channel 15a for feeding in fluid (air) and a working channel (the channel accommodating spring 14) enabling a fluid outlet open (i.e. 14 allows fluid to flow to outlet 15b when the valve is open in the same manner as achieved by applicant’s working channel), wherein a feed channel opening 16 of the feed channel 15a is framed by a valve seat 16a (as shown in Figure 1, seat 16a defines the feed channel opening 16) facing the valve chamber (as shown in Figure 1), opposite which valve seat 16a in the valve chamber there is a closing surface (surface of 12b) positioned on an axial front side (leftward facing side in Figure 1) of a valve member 12 of the valve, wherein the valve member 12 is movable in the axial direction of a main axis of the valve (i.e. left and right in Figure 1 along the main axis extending through 15b) by a lifting movement (toward and away from seat 16a), which is caused by a driving force of a drive apparatus (including coil 17) of the valve, and which lifting movement is oriented in the axial direction of a main axis (as described above), in a closed position (with 12b seated against 16a), in which the valve 12 bears with its closing surface against the valve seat 16a and thereby separates the feed channel 15a from the valve chamber (chamber downstream of 16a accommodating spring 13 as described above) in a fluid-tight manner, or in at least one open position raised from the valve seat (as shown in Figure 1) and thereby releasing a fluid connection between the feed channel 15a and the valve chamber in permanent fluid connection with the working channel (as best understood as described above, a fluid connection is formed between the feed channel and the valve chamber in permanent fluid connection with the working channel accommodating spring 14), and wherein the valve member 12 is constantly biased in the direction of the closed position by a closing spring 14 of a spring apparatus of the valve, characterized in that, wherein in addition to the closing spring 14, the spring apparatus has an opening spring 13 which constantly biases the valve member 12 in the direction of the at least one open position (as shown in Figure 1), wherein the closing spring 14 and the opening spring 13, which acts in the opposite direction in this respect (13 acts in an opposite direction to 14 as best understood as described above), are mutually coordinated with respect to their spring forces in such a way that the valve member 12 takes up a basic position without driving forces of the drive apparatus (col. 5, lines 15-18), which basic position (point X as shown in Figure 2) is an intermediate open position (as shown in Figure 2, a greater open position exists as determined by the overshoot indicated by S2; col. 6, lines 24-29) lying between the closed position (at point Y in Figure 2) and a maximum open position (defined by the end of S2 in Figure 2).
Regarding Claim 2, Kato further discloses the drive apparatus (including coil 17) is of an electrically actuatable type (“electromagnetic device”).
Regarding Claim 3, Kato further discloses the drive apparatus is configured as an electrodynamic drive apparatus (i.e. the drive apparatus is a plunger coil drive, achieved via coil 17 and moving core 20, in the same manner as achieved by applicant’s drive).
Regarding Claim 4, Kato further discloses the drive apparatus comprises a first drive component (coil 17) formed by an electrical coil apparatus 17 and a second drive component (moving core 20) interacting with the electrically powered electrical coil apparatus to generate a driving force acting on the valve member 12 in the axial direction of the main axis (as described above), wherein one of the two drive components (the moving core 20) is positioned on the valve member (via retainer 24) and the other of the two drive components 17 is positioned on the valve housing 11.
Regarding Claim 5, Kato further discloses the valve comprises a control electronics (ECU) configured to control the drive apparatus.
Regarding Claim 8, Kato is seen as further disclosing wherein, in the intermediate open position (as shown in Figure 1), the valve member 12 releases a flow cross-section (flow cross-section defined between 12 and 16a) for the fluid passing through the feed channel opening 16 which is at least essentially half as large as a maximum flow cross-section released in the maximum open position of the valve member (as shown in Figure 2, the intermediate position is approximately halfway between closed and the maximum open position; it is noted that “at least essentially half as large” is a broad limitation which has not been given a special definition and therefore does not fully require “half as large” and instead a degree which is “essentially” half as large).
Regarding Claim 9, Kato further discloses the closing spring 14 and the opening spring 13 are each a compression spring (as shown in Figure 1).
Regarding Claim 10, Kato further discloses the closing spring 14 and the opening spring 13 are each a coil spring (as shown in Figure 1).
Regarding Claim 11, Kato is seen as further disclosing the closing spring 14 and the opening spring 13 have force-displacement characteristics and/or winding pitches that are matched to one another (the force-displacement characteristics of the springs are seen to be “matched to one another” to provide the intermediate position shown in Figure 1; the term “matched” does not require these elements to be equal).
Regarding Claim 12, Kato further discloses the closing spring 14 and the opening spring 13 are configured as separate, individual springs of the spring apparatus (as shown in Figure 1).
Regarding Claim 15, Kato further discloses the valve member 12 comprises a valve member base body 12a, on the front side of which facing the feed channel opening 16 (i.e. the left side of Figure 1) a separate sealing element 12b of the valve member comprising the closing surface is positioned (as described above, the left side of 12b provides the closing surface).
Regarding Claim 16, Kato further discloses the closing surface (surface of 12b) is formed on a sealing element 12b of the valve member 12 consisting of a rubber-elastic material (col. 4, lines 38-41).
Regarding Claim 17, Kato further discloses the valve is configured as a 2/2-way valve (the valve includes an inlet and an outlet as well as open and closed positions to define a 2/2-way valve).
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.
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.
Claims 6, 7, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US Patent 6,273,396) in view of Katsumata et al. (US Patent 6,830,233).
Regarding Claim 6, Kato further discloses the control electronics ECU is configured to electrically power the drive apparatus 17, wherein a closing current direction acting on the valve member 12 can be generated by the control electronics in the drive apparatus.
Kato does not disclose an opening current direction acting on the valve member can be generated by the control electronics in the drive apparatus.
Katsumata teaches a reciprocating solenoid actuated valve (Figure 1 especially) and further teaches control electronics ECU is configured to electrically power a drive apparatus (drive apparatus including coils 40 and 44), wherein both an opening current direction acting on the valve member 12 (an opening current direction provided to coil 40) and a closing current direction acting on the valve member 12 (a closing current direction provided to coil 44) can be generated by the control electronics.
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Kato to include an opening current direction acting on the valve member generated by the control electronics as taught by Katsumata for the purpose of providing a means of opening the valve to its maximum extent to thereby reduce flow restriction through the valve when it is desired for the valve to conduct flow therethrough.
Regarding Claim 7, Kato does not disclose a position detection apparatus for detecting lifting positions of the valve member that can be reached during the lifting movement.
Katsumata teaches a reciprocating solenoid actuated valve (Figure 1 especially) and further teaches a position detection apparatus 36 for detecting lifting positions of the valve member 12 (via detection of the position of the armature 26) that can be reached during the lifting movement.
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Kato to include a position detection apparatus as taught by Katsumata for the purpose of allowing the controller to correct the position of the valve to ensure the valve is placed in the desired position.
Regarding Claim 20, Kato in view of Katsumata further discloses a position-controlled actuation of the drive apparatus (in the manner taught by Katsumata; col. 7, lines 52-61) can preferably be carried out on the basis of position data obtained by means of the position detection apparatus (as taught by Katsumata via the position detection apparatus 36).
Claim 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US Patent 6,273,396) in view of Becker (US Patent 2,887,123).
Regarding Claim 13, Kato does not disclose wherein of the closing spring and the opening spring, one of the two springs coaxially encloses the other of the two springs.
Becker teaches a valve including two separate springs (21 and 31) such that one of the springs 21 coaxially encloses the other 31 of the two springs.
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Kato such that one of the two springs coaxially encloses the other of the two springs as taught by Becker for the purpose of providing a more compact arrangement.
Claim 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US Patent 6,273,396) in view of von Lewis (US Patent 3,829,060).
Regarding Claim 18, Kato further discloses the valve seat 16a framing the feed channel opening 16 is formed on a sleeve-shaped valve seat element (i.e. 16a formed on a sleeve-like extension of the housing), is aligned coaxially with the main axis (along the axis of 15b), and is fixed to the valve housing 11 in a manner fixed to the housing (as best understood as described above).
Kato does not disclose the sleeve-shaped valve seat element separate with respect to the valve housing, is inserted into an inner end section of the feed channel with a variable axial position with respect to the main axis.
von Lewis teaches a valve including a sleeve shaped valve seat element 17 separate with respect to a housing (unnumbered housing defining the passage 20), is inserted into an inner end section of a feed channel (channel for 17) with a variable axial position with respect to the main axis (a variable axial position is achieved via the threaded connection shown in Figure 1), and is fixed to the valve housing in a manner fixed to the housing (via the threaded connection).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Kato such that the valve seat sleeve is threadably engaged with the housing as taught by von Lewis for the purpose of allowing the seat to be removed and replaced in the event it becomes damaged.
Claim 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US Patent 6,273,396) in view of Szili et al. (EP 3067599; cited by applicant, see attached machine translation).
Regarding Claim 19, Kato does not disclose the valve member comprises a compensation surface which is oriented axially opposite to the closing surface and which compensation surface delimits a compensation chamber formed in the valve housing, which compensation chamber constantly communicates with the region axially upstream of the closing surface via at least one compensation channel passing through the valve member and opening out with at least one compensation opening at the closing surface.
Szili teaches an electrically actuated valve (via actuator 46) and further teaches a valve member 19 comprises a compensation surface (surface of bottom wall 21 facing chamber 39) which is oriented axially opposite to a closing surface 16 and which compensation surface delimits a compensation chamber 39 formed in a valve housing 2, which compensation chamber constantly communicates with the region axially upstream of the closing surface via at least one compensation channel 32 passing through the valve member and opening out with at least one compensation opening at the closing surface (i.e. the end of channel 32 forms an opening thereof).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Kato such that the valve head includes a compensation surface and compensation chamber as taught by Szili for the purpose of providing a pressure balancing effect to thereby reduce the pressure required to move the valve.
Allowable Subject Matter
Claim 14 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.
Conclusion
The prior art of record and not relied upon is considered pertinent to applicant's disclosure. Kopecek (US Patent 7,516,940) teaches a reciprocating solenoid actuated valve with electronics to generate an opening movement and a closing movement. Weldon (US Patent 6,598,623) teaches a valve with respective opening and closing springs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached on (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN F MURPHY/Primary Examiner, Art Unit 3753