DETAILED ACTION
Claim(s) 1-20 are pending for consideration following applicant’s amendment filed 5/22/2026.
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 Objections
Claim 1 is objected to because of the following informalities: “a valve chamber into which a feed channel for feeding in fluid and a working channel” (lines 2-3) should be “a valve chamber into which a feed channel for feeding in fluid is connected, and a working channel”. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “which acts in the opposite direction” (line 20) should be “which acts in the opposite direction of the closing spring”. 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 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) 1-6, 8-12, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hattori et al. (US Patent 6,125,803).
Regarding Claim 1, Hattori discloses a valve for controlling the flow of a fluid (abstract), comprising: a valve housing 104 which delimits a valve chamber (chamber of 104 directly below seat 108 as shown in Figure 12) into which a feed channel 16 for feeding in fluid (i.e. 16 is at least capable of being used as a feed channel which allows for fluid flow into the valve chamber) and a working channel (as shown in Figure 12, the tapered outlet at the lowermost end of the valve chamber provides a working channel) configured to be in fluid communication with the valve chamber (as shown in Figure 12), wherein a feed channel opening of the feed channel 16 is framed by a valve seat 108 facing the valve chamber (as shown in Figure 12, seat 108 defines the feed channel opening facing the valve chamber defined below 108), opposite which valve seat in the valve chamber there is a closing surface (upwardly facing surface of 102) positioned on an axial front side of a valve member of the valve (i.e. on the lower axial side of the valve member), wherein the valve member is movable in the axial direction (vertically in Figure 12) of a main axis of the valve (axis through shaft 110) by a lifting movement (lifting movement generated by first and second electromagnets 134 and 136, respectively), which is caused by a driving force of a drive apparatus (including 134 and 136) of the valve, and which lifting movement is oriented in the axial direction of a main axis (along shaft 110), selectively in a closed position (i.e. upward movement form the position shown in Figure 12), in which the valve bears with its closing surface 102 against the valve seat 108 and thereby separates the feed channel from the valve chamber in a fluid-tight manner (col. 16, lines 10-16; it is noted that the specification appears to refer to passage 16 as element 106), and in at least one open position raised from the valve seat (i.e. via further downward movement from the position shown in Figure 12) and thereby releasing a fluid connection between the feed channel and the valve chamber in fluid connection with the working channel (as described above; col. 16, lines 10-16), and wherein the valve member is constantly biased in the direction of the closed position by a closing spring 116 of a spring apparatus of the valve, wherein in addition to the closing spring 116, the spring apparatus has an opening spring 124 which constantly biases the valve member in the direction of the at least one open position, wherein the closing spring 116 and the opening spring 124, which acts in the opposite direction, are mutually coordinated with respect to their spring forces in such a way that the valve member takes up a basic position without driving forces of the drive apparatus (basic position as shown in Figure 12; col. 3, lines 40-45), which basic position is an intermediate open position lying between the closed position and a maximum open position (as shown in Figure 12).
Regarding Claim 2, Hattori further discloses the drive apparatus is of an electrically actuatable type (including electromagnets 134 and 136).
Regarding Claim 3, Hattori further discloses the drive apparatus is configured as an electrodynamic drive apparatus (i.e. the drive apparatus is an electromagnetic device, achieved via coil 138 and armature 132, in the same manner as achieved by applicant’s drive).
Regarding Claim 4, Hattori further discloses the drive apparatus comprises a first drive component (coil 138) formed by an electrical coil apparatus 138 and a second drive component (armature 132) interacting with the electrically powered electrical coil apparatus to generate a driving force acting on the valve member 102 in the axial direction of the main axis (as described above), wherein one of the two drive components (the armature 132) is positioned on the valve member (via shaft 120) and the other of the two drive components 138 is positioned on the valve housing (via housing plate 130).
Regarding Claim 5, Hattori further discloses the valve comprises a control electronics configured to control the drive apparatus (the device necessarily includes control electronics to control the times at which current is provided to the respective coils 138 and 142).
Regarding Claim 6, Hattori further discloses the control electronics is configured to electrically power the drive apparatus (via providing current to coils 138 or 142), wherein both an opening current direction acting on the valve member (provided via coil 142) and a closing current direction acting on the valve member (provided via coil 138) can be generated by the control electronics in the drive apparatus (as described above, the device necessarily includes control electronics to provide current to the desired coil at the desired time).
Regarding Claim 8, Hattori is seen as further disclosing wherein, in the intermediate open position (as shown in Figure 12), the valve member releases a flow cross-section (flow cross-section between 102 and 108) for the fluid passing through the feed channel opening which is at least essentially half as large as a maximum flow cross-section released in the maximum open position of the valve member (when the valve moves down a much greater flow-cross section is achieved because 102 is farther from 108; 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, Hattori further discloses the closing spring 116 and the opening spring 124 are each a compression spring (as shown in Figure 12).
Regarding Claim 10, Hattori further discloses the closing spring 116 and the opening spring 124 are each a coil spring (as shown in Figure 12).
Regarding Claim 11, Hattori is seen as further disclosing the closing spring 116 and the opening spring 124 have force-displacement characteristics and/or winding pitches that are matched to one another (the force-displacement characteristics are seen to be “matched to one another” to provide the intermediate position shown in Figure 12; the term “matched” does not require these elements to be equal).
Regarding Claim 12, Hattori further discloses the closing spring 116 and the opening spring 124 are configured as separate, individual springs of the spring apparatus (as shown in Figure 12).
Regarding Claim 17, Hattori further discloses the valve is configured as a 2/2-way valve (the vale 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 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hattori et al. (US Patent 6,125,803) in view of Katsumata et al. (US Patent 6,830,233).
Regarding Claim 7, Hattori does not disclose the valve comprises 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 Hattori 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, Hattori 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 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 Hattori et al. (US Patent 6,125,803) in view of Becker (US Patent 2,887,123).
Regarding Claim 13, Hattori 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 vale 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 Hattori 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 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hattori et al. (US Patent 6,125,803) in view of Kuhn (US Patent 3,599,619).
Regarding Claim 15, Hattori further comprises the valve member (including 110 and 102) comprises a valve member base body 102 having a sealing portion facing the feed channel opening (as shown in Figure 12).
Hattori does not disclose the front side of the valve member base body facing the feed channel opening a separate sealing element of the valve member comprising the closing surface is positioned.
Kuhn teaches a reciprocating valve member having a base body 2 having a separate sealing element 5 of the valve member comprising a closing surface (i.e. the sealing surface of the valve member).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Hattori such that the sealing portion of the valve head includes a separately formed sealing element as taught by Kuhn for the purpose of allowing a user to replace the sealing element in the event it becomes worn.
Claim 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hattori et al. (US Patent 6,125,803) in view of Kouzu et al. (US Patent Application 2007/0017577).
Regarding Claim 16, Hattori does not disclose the closing surface is formed on a sealing element of the valve member consisting of a rubber-elastic material.
Kouzu teaches a poppet valve and further teaches a closing surface is formed on a sealing element of the valve member consisting of a rubber-elastic material (seal rubber body covering the valve head 11; para. 0029).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Hattori such that the closing surface is formed on a sealing element of the valve member consisting of a rubber-elastic material as taught by Kouzu for the purpose of utilizing a readily available and inexpensive sealing material on the valve head.
Claim 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hattori et al. (US Patent 6,125,803) in view of von Lewis (US Patent 3,829,060).
Regarding Claim 18, Hattori further discloses the valve seat 108 framing the feed channel opening is formed on a sleeve-shaped valve seat element (108 is annular and therefore “sleeve-shaped”) which is separate with respect to the valve housing 104 (as shown in Figure 12), is aligned coaxially with the main axis (main axis through 110), is inserted into an inner end section of the feed channel (inserted into the groove which defines an inner end section of the feed channel as shown in Figure 12) and is fixed to the valve housing (via insertion in the groove as shown in Figure 12).
Hattori does not disclose the valve seat inserted with a variable axial position with respect to the main axis.
von Lewis teaches a valve including a seat element 17 separate with respect to a housing (unnumbered housing defining the passage 20) inserted into an inner end section of a feed channel (channel for 17) with a variable axial position with respect to a main axis (a variable axial position is achieved via the threaded connection shown in Figure 1), and is fixed to the valve 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 Hattori such that the valve seat includes a threadable sleeve as taught by von Lewis for the purpose of allowing the seat to be removed and replaced in the event it becomes damaged.
Allowable Subject Matter
Claims 14 and 19 are 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, applicant argues that Kato fails to teach the new limitations of the lifting movement caused by a drive apparatus selectively in a closed position and in at least one open position. These arguments are not persuasive because newly applied Hattori teaches lifting movement caused by a drive apparatus selectively in a closed position and in at least one open position (achieved via the electromagnets 134 and 136 as described above).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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.
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/KEVIN F MURPHY/Primary Examiner, Art Unit 3753
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