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 § 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) 1-6, 8, 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Warren (U.S. Patent 3,581,773) in view of Bivin (U.S. Publication 2008/0000539).
In regards to claim 1, Warren discloses a throttle device, comprising: a throttle member (15) which is arranged on a holding structure (13) and projects into a throttle channel (TC) through which a pressurized fluid flows and which is movable relative to the holding structure (13) in order to specify differently sized free flow cross-sections of the throttle channel (TC), wherein the throttle member (15) is designed as a throttle tongue which is attached to the holding structure (13), wherein the throttle tongue has a proximal end section (PES) and which, starting from the proximal end section (PES), projects into the throttle channel (TC) with a distal end section (DES) ending freely and dividing the throttle channel (TC) into two throttle channel sections (TC1 and TC2) following one another in a channel longitudinal direction, wherein the throttle tongue is configured to pivot into various pivot positions (at least PP1 and PP2) depending on the pressure difference prevailing between the two throttle channel sections (TC1 and TC2), starting from a neutral position (NP) adopted in a pressure-balanced state between the two throttle channel sections (TC1 and TC2), while changing the free flow cross-section of the throttle channel (TC) with accompanying rubber-elastic reversible deformation in the direction of both of the two throttle channel sections (TC1 and TC2) ,wherein the throttle device is designed as a throttle unit having the throttle tongue (15) and the holding structure (13) as integral components, wherein the throttle tongue (15) and the holding structure (13) are integrally formed with one another or connected to one another by a material bond (col. 2, lines 44-46).
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Warren does not explicitly disclose that the throttle unit is made entirely of a material with rubber-elastic properties.
However, Bivin teaches a throttle device which may be made entirely of a material with rubber-elastic properties (para. [0144]).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have constructed the throttle device of Warren entirely of a material with rubber-elastic properties as taught by Bivin to lower fabrication costs and enable single component fabrication without coupling processes.
The office further notes that it would have been obvious to a person having ordinary skill in the art at the time the invention was made to have constructed the throttle unit from a material with rubber-elastic properties, since it was within the general skill of a worker to select a known material on the basis of its suitability for the intended use and for the purpose of lowering costs.
In regards to claim 2, the throttle tongue (15) is adapted to the inner contour of the throttle channel (TC) such that in the neutral position (NP) of the throttle tongue (15) there is a free flow cross-section of the throttle channel (TC), which is a minimum free flow cross-section which is smaller than any free flow cross-section present in the possible pivot positions of the throttle tongue (15). See Figs. 1 and 2 which illustrate the neutral position as being a minimum flow position wherein a gap exists between the distal end of the tongue and edge 16.
In regards to claim 3, the holding structure (13) is designed as a holding frame completely surrounding the periphery of the throttle channel (TC), wherein the inner circumferential surface of the holding frame (13) expediently forms a channel wall surface of the throttle channel (TC), which together with the pivotable throttle tongue (15) limits the free flow cross-section of the throttle channel (TC).
In regards to claim 4, an inner contour of the holding frame (13) has a rectangular cross-sectional shape and wherein an outer contour of the holding frame (13) has a rectangular cross-sectional shape, wherein the throttle tongue (15) expediently has a rectangular outer contour as seen in the channel longitudinal direction of the throttle channel (TC). See Fig. 2 and col. 2, lines 37-40.
In regards to claim 5, the holding frame (13) is sleeve-shaped and extends between two opposite frame end faces (FE1 and FE2), wherein the throttle tongue (15) is attached to the holding frame (13) with its proximal end section (PES) in an attachment area of the holding frame (13) spaced apart from the two frame end faces (FE1 and FE2).
In regards to claims 6 and 21, Warren, as modified by Bivin, discloses that the throttle tongue (15) has rubber-elastic properties in its entirety such that it is bendable elastically when it pivots, causing a change in the free flow cross-section, wherein the throttle tongue (15) consists of an elastomeric material, wherein the elastomeric material in particular has viscoelastic properties.
In regards to claim 8, the throttle tongue (15) is designed in such a way that when it pivots from the neutral position (NP), a degressive or linear or progressive change in the cross-section of the free flow cross-section of the throttle channel (TC) occurs depending on the pressure difference between the two throttle channel sections (TC1 and TC2).
In regards to claim 18, the throttle tongue (15) is adapted to the inner contour of the throttle channel (TC) such that in the neutral position (NP) of the throttle tongue (15) there is a free flow cross-section of the throttle channel (TC).
In regards to claim 19, an inner contour of the holding frame (13) has a rectangular cross-sectional shape.
In regards to claim 20, an inner contour of the holding frame (13) has a rectangular cross-sectional shape, wherein the throttle tongue (15) has a rectangular outer contour as seen in the channel longitudinal direction of the throttle channel.
Allowable Subject Matter
Claims 11, 13-17 and 24 are allowed.
Claims 7, 10, 22 and 23 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 have been considered but are moot in light of the new grounds of rejection as outlined above.
As discussed above, Warren, as modified by Bivin, discloses applicant’s invention as now claimed.
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 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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