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 .
Information Disclosure Statement
The information disclosure statement (IDS’s) submitted on 12/17/2024 and 01/09/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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.
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.
Claim(s) 1, 3-6, 8, 9, 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Unterdorfer (US 2019/0257329.)
Unterdorfer discloses in claim 1: A fluid control device (1 figure 1) configured to control a valve module (2) equipped with a pressure adjusting valve (14 ph 0066) configured to be capable of adjusting a pressure of a fluid supplied from a fluid supply source (via 6 id), and a disconnection valve (8 ph 0068) configured to be capable of disconnecting a supply of the fluid output from the pressure adjusting valve to an external device (“A”), the fluid control device comprising: a flow rate acquisition unit (26 ph 0082 has a function to acquire the flow rate) configured to acquire from a flow rate meter (flow sensor 20 ph 0075) a flow rate of the fluid passing through the valve module; a flow rate determination unit (ph 0092-0097, 0106) configured to determine whether or not the flow rate that was acquired is less than or equal to a threshold value continuously for at least a first predetermined time period (the flow threshold AW); a pressure adjusting valve control unit (26 per phs 0085, 0095 and 0111 has a function based on flow rate and pressure measured to control 14 from operational/working mode (AM) to hold mode (HM)) which is configured, in the case that it is determined that the flow rate acquired during an operation mode (AM) in which the fluid is output at a first pressure (P2A) from the pressure adjusting valve is continuously less than or equal to the threshold value for at least the first predetermined time period (tG), and a standby mode (i.e. the hold mode in this case HM) from an operator is permitted, to control the pressure adjusting valve in a manner so that the fluid is output from the pressure adjusting valve at a second pressure (P2G) which is lower than the first pressure (P2A), and to switch the operation mode to the standby mode (i.e. hold mode per ph 0111); and a disconnection valve control unit (26 per ph 0106 has a function to go to isolation mode which is shutting off the flow to “A” via closing 8 to the V0 position or closed) which is configured, in the case that a second [[predetermined]] time period has elapsed (the HM time period) during the standby mode (see ph 0110 where if the internal control unit…at end of NBP and this also at the end of tG…is programed to put 14 in the hold mode HM, then…preferably once the P2H hold mode pressure corresponds to the P2G, the shut off valve 8 will switch to the closed position, per ph 0112 (i.e. the instant isolation mode) see ph 0113), to control the disconnection valve in a manner so that the supply of the fluid output from the pressure adjusting valve to the external device is disconnected, and to switch the standby mode to an isolation mode (as discussed.) Unterdorfer does not explicitly disclose: the disconnection valve control unit elapsing a second predetermined time period during standby mode to switch to isolation mode;
but considering that Unterdorfer teaches: a hold mode of the pressure regulating mode pressure P2H being greater than the threshold pressure value P2G of the shut off valve moving from V1 open to V0 closed, and considering Unterdorfer teaches: a time (tG) for moving from pressure P2A to P2G/P2H as a specific time period (where tG applied to both P2G and P2H); and considering one of ordinary skill in the fluid art would consider: executing the transition from normal operating mode to either the hold mode and the off/isolation mode as a mere sequence of functional steps during operation of the controller, all provided for the purpose of allowing for example, controlled step wise functional management of the gas valve during starting and stopping of the valve device through an iterative process to allow for pressure build up and dissipation as the case may be;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Unterdorfer as suggested/taught in Unterdorfer and/or those skilled in the fluid art, a hold mode of the pressure regulating mode pressure P2H which when greater than the threshold pressure value before reaching P2G where the shut off valve moves from V1 open to V0 closed for isolation mode to provide Unterdorfer as taught suggested therein, a set time (tG) during a first time period for moving from pressure P2A (the operating mode) to the hold mode P2H during that first time period (tG) as well as moving from P2G hold mode to P2G where the shut off valve moves from V1 open to V0 closed to engage isolation mode during a second predetermined time period (tG), all for the purpose of executing the transition from normal operating mode to either the hold mode and the off/isolation mode during a sequence of functional steps during operation of the controller, all further provided for the purpose of allowing for example, such a controlled step wise functional management of the gas valve during starting and stopping of the valve device through an iterative process to allow for pressure build up and dissipation as the case may be.
Unterdorfer discloses (as modified for the reasons discussed above) in claim 3: The fluid control device according to claim 1, wherein, in the case that in the isolation mode an instruction is issued from the operator (controller 26) to return to the operation mode, the pressure adjusting valve control unit controls the pressure adjusting valve, and thereby causes the fluid to be output at the first pressure (P2A) from the pressure adjusting valve, and the disconnection valve control unit controls the disconnection valve, and thereby causes the fluid output from the pressure adjusting valve to be supplied to the external device (see ph 0105 to 0113.)
Unterdorfer discloses (as modified for the reasons discussed above) in claim 4: The fluid control device according to claim 1, wherein, in the isolation mode, in the case that an instruction is issued from the operator (controller 26) to return to the standby mode, the disconnection valve control unit controls the disconnection valve, and thereby causes the disconnection of the fluid to be released (i.e. to move from V0 to V1 per ph 0109.)
Unterdorfer discloses (as modified for the reasons discussed above) in claim 5: The fluid control device according to claim 1, wherein, in the case that an instruction from the operator (controller 26) to transition to the isolation mode is prohibited, even if the second predetermined time period has elapsed during the standby mode, the disconnection valve control unit does not switch the standby mode to the isolation mode (i.e. in the case where there is downstream pressure as discussed in ph 0104 to 0113.)
Unterdorfer discloses (as modified for the reasons discussed above) in claim 6: The fluid control device according to claim 1, wherein, in the case that in the standby mode the standby mode is prohibited from the operator (per controller 26), the pressure adjusting valve control unit controls the pressure adjusting valve, and thereby causes the fluid to be output at the first pressure from the pressure adjusting valve, and switches the standby mode to the operation mode (per ph 0116 when no drop in pressure takes place.)
Unterdorfer discloses (as modified for the reasons discussed above) in claim 8: The fluid control device according to claim 1, wherein: the pressure adjusting valve is a proportional control valve (14 is a proportional control valve ph 0062) configured to adjust the pressure of the fluid in response to an electrical signal (from 26); and in the isolation mode, the pressure adjusting valve control unit controls the pressure adjusting valve (as discussed in ph 0110 to 0113) and thereby closes the pressure adjusting valve (when the system is shut down (i.e. in and “isolation mode”), the pressure adjusting valve will close.)
Unterdorfer discloses (as modified for the reasons discussed above) in claim 9: The fluid control device according to claim 1, wherein: the pressure adjusting valve is a proportional control valve (ph 0062) configured to adjust the pressure of the fluid in response to an electrical signal (from 26); and the pressure adjusting valve control unit controls the pressure adjusting valve and thereby causes the pressure of the fluid adjusted by the pressure adjusting valve to be increased at a rate of increase determined in accordance with time (ph 0105.)
Unterdorfer discloses (as modified for the reasons discussed above) in claim 11: A fluid pressure supply device comprising: the fluid control device according to claim 1; and the valve module (as seen in figure 1.)
Unterdorfer discloses in claim 12: A fluid control method (operable via 1 figure 1 and executed as seen from figure 2) of controlling a valve module (2) equipped with a pressure adjusting valve (14) configured to be capable of adjusting a pressure of a fluid supplied from a fluid supply source (6 and see ph 0066), and a disconnection valve (8) configured to be capable of disconnecting a supply of the fluid output (at 7) from the pressure adjusting valve to an external device (“A”), the fluid control method comprising: a flow rate acquisition step of acquiring from a flow rate meter (flow sensor 20 ph 0075 and step per 0082 for clow rate acquisition step to controller 26) a flow rate of the fluid passing through the valve module; a flow rate determination step (as discussed in ph 0092 – 0097 and 0106) of determining whether or not the flow rate that was acquired is less than or equal to a threshold value (flow threshold value AW) continuously for at least a first predetermined time period (tG); a first pressure adjusting valve controlling step in which, in the case that it is determined that the flow rate acquired during an operation mode (during AM) in which the fluid is output at a first pressure (P2A) from the pressure adjusting valve is continuously less than or equal to the threshold value for at least the first predetermined time period (tG), and a standby mode (in this case the hold mode HM) from an operator (i.e. the controller 26) is permitted, the pressure adjusting valve is controlled at a second pressure (P2H) which is lower than the first pressure, and the operation mode is switched to the standby mode (hold mode ph 0110 to 0113); and a first disconnection valve controlling step in which, in the case that a second [[predetermined]] time period (the time period of HM) has elapsed during the standby mode (id, and where if the internal control unit…at end of NBP and this also at the end of tG…is programed to put 14 in the hold mode HM, then…preferably once the P2H hold mode pressure corresponds to the P2G, the shut off valve 8 will switch to the closed position, per ph 0112 (i.e. the instant isolation mode) see ph 0113), the disconnection valve is controlled in a manner so that the supply of the fluid output from the pressure adjusting valve to the external device is disconnected, and the standby mode is switched to an isolation mode (as just discussed.) Unterdorfer does not explicitly disclose: the disconnection valve control unit elapsing a second predetermined time period during standby mode to switch to isolation mode;
but considering that Unterdorfer teaches: a hold mode of the pressure regulating mode pressure P2H being greater than the threshold pressure value P2G of the shut off valve moving from V1 open to V0 closed, and considering Unterdorfer teaches: a time (tG) for moving from pressure P2A to P2G/P2H as a specific time period (where tG applied to both P2G and P2H); and considering one of ordinary skill in the fluid art would consider: executing the transition from normal operating mode to either the hold mode and the off/isolation mode as a mere sequence of functional steps during operation of the controller, all provided for the purpose of allowing for example, controlled step wise functional management of the gas valve during starting and stopping of the valve device through an iterative process to allow for pressure build up and dissipation as the case may be;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Unterdorfer as suggested/taught in Unterdorfer and/or those skilled in the fluid art, a hold mode of the pressure regulating mode pressure P2H which when greater than the threshold pressure value before reaching P2G where the shut off valve moves from V1 open to V0 closed for isolation mode to provide Unterdorfer as taught suggested therein, a set time (tG) during a first time period for moving from pressure P2A (the operating mode) to the hold mode P2H during that first time period (tG) as well as moving from P2G hold mode to P2G where the shut off valve moves from V1 open to V0 closed to engage isolation mode during a second predetermined time period (tG), all for the purpose of executing the transition from normal operating mode to either the hold mode and the off/isolation mode during a sequence of functional steps during operation of the controller, all further provided for the purpose of allowing for example, such a controlled step wise functional management of the gas valve during starting and stopping of the valve device through an iterative process to allow for pressure build up and dissipation as the case may be.
Unterdorfer discloses (as modified for the reasons discussed above) in claim 13: The fluid control method according to claim 12, further comprising: a second pressure adjusting valve controlling step in which, in the case that in the isolation mode an instruction (27 instructions to 8) is issued from the operator (controller 26) to return to the operation mode, the pressure adjusting valve is controlled in a manner so that the fluid is output at the first pressure (P2A) from the pressure adjusting valve (per ph 0105); and a second disconnection valve (8) controlling step in which, when the second pressure adjusting valve controlling step is carried out, the disconnection valve is controlled in a manner so that the fluid that is output from the pressure adjusting valve is supplied to the external device (open per ph 0105, and as modified for the reasons discussed above, where 8 is still open and the hold mode is still functional, per ph 0111.)
Allowable Subject Matter
Claims 2, 7 and 10 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose or render obvious:
in claim 2 the following: “…the supply of the fluid to the external device to be disconnected, causes the outflow port of the valve module to be opened to the atmosphere” in combination with the other limitations set forth in the above;
claim 7 the following: “…in the case that an instruction from the operator to transition to the standby mode is prohibited, even if it is determined that the flow rate that was acquired during the operation mode is less than or equal to the threshold value continuously for at least the first predetermined time period, the pressure adjusting valve control unit does not switch the operation mode to the standby mode” in combination with the other limitations set forth in the above;
claim 10 the following: “… the valve module includes a throttle valve and a switching valve between the pressure adjusting valve and the disconnection valve; and the switching valve, depending on the pressure of the fluid that flows out from the disconnection valve to the external device, causes the fluid output from the pressure adjusting valve to flow to the disconnection valve via the throttle valve, or alternatively, causes the fluid to flow, but not via the throttle valve, to the disconnection valve” in combination with the other limitations set forth in the above.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pozniak (US 2006/0000509) discloses a gas fluid flow control device and valve module with pressure regulation, flow metering and shutoff control, along with pressure and flow meter sensors for fluid flow feedback control.
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