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 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. 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.
Claim Rejections - 35 USC § 102
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.
Claims 1, 2, 5-7, 10-12 and 17 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by US6866241 (“Libretto”).
Regarding claim 1, Libretto discloses a pinch valve (11) comprising:
a first valve section (bottom frame portion 13, relative to the orientation of fig. 1) having a first bottom wall (bottom wall of bottom frame portion 13), and a first top wall (top wall of bottom frame portion 13) opposite the first bottom wall, said first top wall comprising a groove (recess, which receives flexible conduit), a first fastener protrusion (right tab 15, which is connected to fastener 16) located at a first top wall first end (right end, relative to the orientation of fig. 1), and a first hinge protrusion (left tab 15, connected to the hinge) located at a first top wall second end (left end, relative to the orientation of fig. 1);
a second valve section (top frame portion 13, relative to the orientation of fig. 1) having a second bottom wall (bottom wall of top frame portion 13), and a second top wall (top wall of top frame portion 13) opposite the second bottom wall, said second bottom wall comprising a recess (recess, which receives clamping plate 12), a second fastener protrusion (right tab 15 having fastening slot 19) located at a second bottom wall first end (right end, relative to the orientation of fig. 1), and a second hinge protrusion (left tab 15 connected to the hinge) located at a second bottom wall second end (left end, relative to the orientation of fig. 1), and said second top wall comprising a threaded hole (threaded hole of top frame portion 13, which receives threaded rod 22) passing from the second top wall through the recess; and
a pinch mechanism (mainly defined by 12 and 21) comprising a pinch member (12), and a threaded rod (22), said pinch member having a bottom surface (surface, which pinches flexible conduit) and a top surface (surface, which receives threaded rod 24); and
wherein the first valve section is configured to connect to the second valve section by mating the first hinge protrusion to the second hinge protrusion and mating the first fastener protrusion to the second fastener protrusion (see assembly of fig. 1); the bottom surface of the pinch member is sized and shaped to mate to the groove (plate 12 applies compressive force to receiving portion 14 of bottom frame portion 13); the threaded rod is configured to advance and retract the pinch member by threading the threaded rod into and out of the threaded hole; and the top surface of the pinch member is configured to retract into the recess as the threaded rod retracts the pinch member (see partially retracted position of fig. 1).
Regarding claim 2, Libretto discloses a recess depth dimension (depth of recess of top frame 13, which receives compression plate 12) is at least 50% of a pinch member height dimension (height of plate 12) such that at least 50% of the pinch member retracts into the recess when the pinch mechanism is in a fully retracted position (plate 12 retracts fully into top frame 13 when retracted; see by example figs. 1 and 2).
Regarding claim 5, Libretto discloses the groove (recess of bottom frame portion 13, which receives flexible conduit) has a groove shape selected from the group consisting of substantially arched and substantially polygonal (groove of bottom frame 13 is substantially rectangularly shaped).
Regarding claim 6, Libretto discloses the pinch member (12) has a shape selected from the group consisting of substantially circular and substantially polygonal (compression plate 12 is substantially rectangular; see fig. 1).
Regarding claim 7, Libretto discloses the threaded rod (24) includes a knob (23) attached to an end opposite the pinch member (12).
Regarding claim 10, Libretto discloses the groove (recess of bottom frame portion 13, which receives flexible conduit) has a groove shape selected from the group consisting of substantially arched and substantially polygonal (groove of bottom frame 13 is substantially rectangularly shaped).
Regarding claim 11, Libretto discloses the pinch member (12) has a shape selected from the group consisting of substantially circular and substantially polygonal (compression plate 12 is substantially rectangular; see fig. 1).
Regarding claim 12, Libretto discloses the threaded rod (24) includes a knob (23) attached to an end opposite the pinch member (12).
Regarding claim 17, Libretto discloses the pinch member (12) has a shape selected from the group consisting of substantially circular and substantially polygonal (compression plate 12 is substantially rectangular; see fig. 1).
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over US4467997 (“Ziaylek”) in view of Libretto.
Regarding claim 1, Ziaylek discloses a pinch valve (10) comprising:
a first valve section (10) having a first bottom wall (bottom wall of member 10, relative to the orientation of fig. 1), and a first top wall (top wall of member 10, relative to the orientation of fig. 1) opposite the first bottom wall, said first top wall comprising a groove (V-shaped groove defined by surfaces 14; see fig. 1), a first fastener protrusion (at least partially defined by 27 and 29) located at a first top wall first end (right end, relative to the orientation of fig. 1), and a first hinge protrusion (34) located at a first top wall second end (left end, relative to the orientation f fig. 1);
a second valve section (38) having a second bottom wall (bottom wall of member 38, relative to the orientation of fig. 1, which receives compression pinch member 82 therethrough), and a second top wall (top wall of member 38, relative to the orientation of fig. 1) opposite the second bottom wall, said second bottom wall comprising a recess (recess within which pinch member 82 is received), a second fastener protrusion (46) located at a second bottom wall first end (right end, relative to the orientation of fig. 1), and a second hinge protrusion (64) located at a second bottom wall second end (left end, relative to the orientation of fig. 1), and said second top wall comprising a hole (74) passing from the second top wall through the recess; and
a pinch mechanism (at least partially defined by 77 and 82) comprising a pinch member (82), and a threaded rod (77), said pinch member having a bottom surface (mainly defined by 86) and a top surface (surface within which threaded bore 80 is defined); and
wherein the first valve section is configured to connect to the second valve section by mating the first hinge protrusion to the second hinge protrusion and mating the first fastener protrusion to the second fastener protrusion (see assembly of fig. 1); the bottom surface of the pinch member is sized and shaped to mate to the groove (to pinch hose “H”); the rod is configured to advance and retract the pinch member by engagement with the hole; and the top surface of the pinch member is configured to retract into the recess as the rod retracts the pinch member (see retracted position of fig. 1).
Ziaylek does not disclose said second top wall comprising a threaded hole, and the pinch mechanism comprising a threaded rod retractably engaging the threaded hole.
However, Libretto discloses a pinch valve wherein a second valve section (top frame portion 13, relative to the orientation of fig. 1) comprises a second top wall (top wall of top frame portion 13, relative to the orientation of fig. 1) comprising a threaded hole (threaded hole of top frame portion 13, which receives threaded rod 22) passing from the second top wall through the recess; a pinch mechanism (mainly defined by 12 and 21) comprising a pinch member (12), and a threaded rod (22); the threaded rod is configured to advance and retract the pinch member by threading the threaded rod into and out of the threaded hole; and the top surface of the pinch member is configured to retract into the recess as the threaded rod retracts the pinch member (see partially retracted position of fig. 1).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Ziaylek by configuring the second top wall with a threaded hole and the pinch mechanism with a threaded rod, wherein the threaded rod engages the threaded hole to advance and retract the pinch member, as taught by Libretto, to be able to operate the pinch valve manually.
Allowable Subject Matter
Claim(s) 3, 4, 8, 9, 13-16 and 18-20 is/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:
Regarding claims 3 and 8, the closest prior art does not disclose or render obvious the pinch valve, wherein the first hinge protrusion includes a pair of opposing cylindrical protrusion (130), the second hinge protrusion includes a pair of opposing cradles (230), and each opposing cylindrical protrusion is configured to pivotably connect to one of the opposing cradles, in combination with the limitations of the base claim and any intervening claim(s).
Regarding claims 4 and 9, the closest prior art does not disclose or render obvious the pinch valve, wherein the first fastener protrusion includes an extension having a lip at a distal end thereof, the second fastener protrusion includes a hole passing through the second fastener protrusion, and the lip is configured to engage at least a portion of a top edge of the hole, in combination with the limitations of the base claim and any intervening claim(s).
Claims 13-16 and 18-20 are allowable because they require all the limitations of an allowable claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US4978100 and US8177187 disclose a pinch valve having a housing with hinged housing parts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hailey K. Do whose direct telephone number is (571)270-3458 and direct fax number is (571)270-4458. The examiner can normally be reached on Monday-Thursday (8:00AM-5:00PM ET) and Friday (8:00AM-12:00PM ET).
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 supervisors, Kenneth Rinehart at 571-272-4881, or Craig M. Schneider at 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HAILEY K. DO/Primary Examiner, Art Unit 3753