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
Claim(s) 10, 11, 14, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson, Jr. et al. (U.S. Publication 2016/0061344), hereinafter “Jackson”.
In regards to claims 10, Jackson discloses a fluid management system comprising: a housing (12) having a port (port closed by gate 28); a valve body (22) moveable within the housing (12) between a first position (Fig. 10) and a second position (Fig. 7), wherein the valve body (22) includes a core (26) and a collar (C) at least partially surrounding the core (26), the valve body (22) configured to seal the port in the first position (Fig. 10) and to permit fluid flow through the port in the second position (Fig. 7), wherein the valve body (22) includes a shoulder (S); a biasing element (44) surrounding a portion of and coupled to the valve body (22), the biasing element (44) configured to bias the valve body (22) toward one of the first position (Fig. 10) or the second position (Fig. 7); an actuator (40) surrounding a portion of and coupled to the valve body (22), wherein the actuator (40) includes a shape memory alloy material (para. 0049]) and is configured to move the valve body (22) to one of the first position (Fig. 10) or the second position (Fig. 7) against a biasing force of the biasing element (44) in response to heating the actuator (40); and a power source (para. [0052]) electrically coupled to the actuator (40), wherein the power source (para. [0052]) is configured to selectively drive current through the actuator (40) to heat the actuator (40), wherein the biasing element (44) and actuator (40) engage opposite sides of shoulder (S) on the valve body (22).
Jackson further discloses that the biasing element (44) extends in a first direction from a shoulder (42) on the valve body (22) toward a first end of the housing (12) and the actuator (40) extends in a second opposite direction from the shoulder (42) toward a second opposite end of the housing (12), wherein the biasing element (44) is positioned between the core (26) and the collar (C) of the valve body (22).
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In regards to claim 11, the valve body (22) includes a plunger (32) and a sealing element (28) coupled to one end of the plunger.
In regards to claim 14, the biasing element (44) is configured to bias the valve body (22) toward the first position.
In regards to claim 15, the actuator (40) is a spring.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-5, 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohkata (U.S. Patent 4,522,219) in view of Jackson, Jr. et al. (U.S. Publication 2016/0061344), hereinafter “Jackson”.
In regards to claim 1, Ohkata discloses a fluid management system comprising: a housing (12) having a port (20); a valve body (14) moveable within the housing (12) between a first position (Fig. 2A) and a second position (Fig. 2B), the valve body (14) including a plunger (14a), the valve body (14) configured to seal the port (20) in the first position (Fig. 2A) and to permit fluid flow through the port (20) in the second position (Fig. 2B), wherein the valve body (14) includes a shoulder (14b); a biasing element (19) surrounding a portion of and coupled to the valve body (14), the biasing element (19) configured to bias the valve body (14) toward one of the first position or the second position; an actuator (18) surrounding a portion of and coupled to the valve body (14), wherein the actuator (18) includes a shape memory alloy material and is configured to move the valve body (14) to one of the first position or the second position against a biasing force of the biasing element (19) in response to heating the actuator; wherein the biasing element (19) and the actuator (18) engage opposite sides of the shoulder (14b) on the valve body (14),wherein the actuator (18) extends along a majority of a length of the plunger (14a).
Ohkata does not specifically disclose a a power source electrically coupled to the actuator, wherein the power source is configured to selectively drive current through the actuator to heat the actuator.
However, Jackson teaches a fluid management system wherein the position of a valve is modified utilizing a shape memory alloy coupled to an electrical power source (para. [0052]). Jackson teaches that the change in temperature may be the result in a change in the ambient temperature or introduced via an electrical current.
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have made the fluid management system of Ohkata to include an electrical actuator to provide electrical (as opposed to fluid temperature) control, as taught by Johnson, as a secondary control system for safety.
In regards to claim 2, the biasing element extends in a direction along a length of the valve body.
In regards to claim 3, the biasing element (19) extends for a first length along the length of the valve body (14), and wherein the actuator (18) extends for a second, different length in a direction along [[a]] the length of the valve body (14).
In regards to claim 4, the actuator (19) surrounds an entire circumference a portion of the valve body (14).
In regards to claim 5, the valve body (14) includes a plunger (14a) and a sealing element is coupled to one end of the plunger (14a).
In regards to claim 7, the housing (12) is configured to support the valve body (14) for sliding movement between the first and second positions.
In regards to claim 9, the actuator (18) is a spring.
Allowable Subject Matter
Claims 12, 13 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.
Claims 16-23 are allowed.
Response to Arguments
Applicant’s arguments have been considered but are moot in light of the new grounds of rejection as outlined above.
As discussed above, it is the office’s position that Johnson does disclose a valve body having a core and a collar wherein a spring is located between the core and collar.
Additionally, it is the office’s position that Ohkata, in view of Johnson, discloses a plunger wherein an actuator extends along a majority length of the plunger.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to R.K. Arundale whose telephone number is 571-270-3453. 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. Kenneth Rinehart can be reached at 571-272-4881, and 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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/ROBERT K ARUNDALE/Primary Examiner, Art Unit 3753
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