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 .
DETAILED ACTION
This is responsive to the amendment filed 6/8/2026. Applicant amended claims 1 ,3, 11 and 17; claims 1 – 20 are pending in this application.
Response to Arguments
Applicant's arguments filed 6/8/2026 have been fully considered but they are not persuasive.
Applicant regarding the cited reference US Patent to Leman (4,076,212) concludes does not disclose the amended claim limitation “wherein the seal member is configured to remain in sealing contact with the seat as system pressure approaches a set point at which the closure member begins to separate from the seat”. Examiner respectfully disagrees.
Leman discloses a non-return valve used in a high speed positive displacement pump. The non-return valve opens due to pressure difference and closes when the biasing force exceeds the differential pressure force. Leman discloses a valve assembly that uses a rubber seal member (26, Fig. 1) as a cushioning and sealing the valve closing. The valve achieves the cushioning by having seal element thicker that seal groove (Col. 5, Lines 29 – 32). Examiner maintains as the valve opens due differential pressure (a set point) the metal to metal seal (21a, 20 a, Fig. 2) starts to separate, as the metal to metal seal separates the rubber seal member due to its resiliency and higher thickness than the seal groove will expand and remain in sealing contact as shown in figure 2. This is no different than Applicant’s disclosure “[t]he body of the resilient member 126 may extend or elongate (to the second configuration) to maintain the first end 128 in contact with the seat 116”. Examiner maintains Leman discloses a valve that reads on all the limitations of the amended claimed subject matter.
Applicant in response to a 35 USC 112 rejection amended claims 11 and 14. 35 USC 112 rejection of claims 11 and 14 of the previous office action is withdrawn.
Based on the foregoing the anticipation and obviousness rejection of the previous office action is maintained and THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Information Disclosure Statement
The information disclosure statement filed 3/12/2026 is acknowledged by the examiner.
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.
Claims 1 – 5, 7 – 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent to Leman (4,076,212).
Regarding claim 1, Leman discloses a pre-load unit – actuator at 11 (Fig. 1) that is configured to generate a load; a closure member (10, Fig. 1) under influence of the load; a seat (22, Fig. 1) in proximity to the closure member, wherein the closure member and the seat are configured to contact one another to form a primary seal (20a, 21 a, Fig. 2) in a closed position; and a seal member (26, Fig. 2) circumscribing the seal to form a secondary seal. The seal member (26, Fig. 2) is configured to remain in sealing contact with the seat as system pressure approaches a set point at which the closure member begins to separate from the seat as noted above.
Regarding claim 2, Leman discloses the seal member (26, Fig. 3) is configured to compress under a load.
Regarding claim 3, Leman discloses the seal member (26, Fig. 2) is configured to extend in absence of a load.
Regarding claim 4, Leman discloses the seal member (26, Fig. 2) fully circumscribes the primary seal (20a, 21a, Fig. 2) .
Regarding claim 5, Leman discloses the seal member (26, Fig. 2) remains in contact with the seat when the closure member separates from the seat – as shown in figure 2.
Regarding claim 7, Leman discloses the seal member (26, Fig. 1) is attached to the closure member (10, Fig. 1).
Regarding claim 8, Leman discloses the seal member (26, Fig. 1) is configured to change from a first configuration to a second configuration – as shown in figure 3 as the volume 32 is compressed.
Regarding claim 9, Leman discloses the closure member (10, Fig. 1) has a recess (31, Fig. 1) to receive the seal member (26, Fig. 1).
Regarding claim 10, examiner is interpreting the rim 34 disclosed by Leman to be the channel in the recess.
Regarding claim 11, Leman discloses a moveable plug (10, Fig. 1); a stationary seat (22, Fig. 2) in proximity to the moveable plug; and a distal seal (26, Fig. 2) disposed between the closure member (10, Fig. 2) and the stationary seat (22, Fig. 2), wherein the distal seal (26, Fig. 2) circumscribes a proximate seal (20a, 21a, Fig. 2) made between the closure member (10, Fig. 2) and the seat (22, Fig. 2). The distal seal (26, Fig. 2) is configured to remain in sealing contact with the seat as system pressure approaches a set point at which the moveable plug begins to separate from the seat.
Regarding claim 12, Leman discloses the distal seal (26, Fig. 2) attaches to the moveable plug (10, Fig. 2).
Regarding claim 13, Leman discloses the distal seal (26, Fig. 2) extends from the moveable plug (10, Fig. 2) toward the seat (22, Fig. 2)
Regarding claim 14, Leman discloses the distal seal (26, Fig. 2) contacts both the moveable plug (19, Fig. 2) and the seat (22, Fig. 2) when the proximal seal (20a, 21a, Fig. 2) is broken.
Regarding claim 15, the distal seal (26, Fig. 2) moves with the moveable plug (19, Fig. 2).
Regarding claim 16, Leman discloses the distal seal (26, Fig. 2) comprises a resilient member (Col. 3, Lines 11 – 19) that elongates in response to movement of the moveable plug.
Regarding claim 17, examiner notes claim 17 does not require two seals merely an annular ring. Leman discloses a plug (10, Fig. 1); a seat (22, Fig. 2); and an annular ring (26, Fig. 2) coupled to the plug, the annular ring circumscribing a portion of the plug that contacts the seat (21a, 20a, Fig. 2) in a closed position to prevent flow of material between the plug and the seat. The annular ring (26, Fig. 2) is configured to remain in sealing contact with the seat as system pressure approaches a set point at which the plug begins to separate from the seat.
Regarding claim 18, Leman discloses the annular ring (26, Fig. 2) comprises a resilient member (Col. 3, Lines 11 – 19) having an end affixed to the plug.
Regarding claim 19, Leman discloses the annular ring (26, Fig. 2) comprises a resilient member having a first end affixed to the plug (10, Fig. 2) and a second end in contact with the seat (22, Fig. 2) in the closed position.
Regarding claim 20, Leman discloses the annular ring (26, Fig. 2) comprises a resilient member having a first end affixed to the plug (10, Fig. 2) and a second end in contact with the seat (22, Fig. 2) in the closed position and a partially-opened position where the plug is spaced apart from the seat – as shown in figure 2.
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent to Bailey (3,742,976).
Regarding claim 1, Bailey inherently discloses a pre-load unit (pump valves are preloaded) that is configured to generate a load; a closure member (20, Fig. 1) under influence of the load; a seat (10, Fig. 1) in proximity to the closure member, wherein the closure member and the seat are configured to contact one another to form a primary seal (14, 25, Fig. 1) in a closed position; and a seal member (40, Fig. 2) circumscribing the seal to form a secondary seal. The seal member (40, Fig. 2) is configured to remain in sealing contact with the seat as system pressure approaches a set point at which the closure member begins to separate from the seat as noted above.
Regarding claim 6, Bailey discloses grooves (33, 31, Fig. 1) in the seal. Examiner is interpreting these grooves to meet the limitation “pleated”.
Conclusion
THIS ACTION IS MADE FINAL. 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 UMASHANKAR VENKATESAN whose telephone number is (571)270-5602. The examiner can normally be reached Monday - Friday 9:30 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisors Craig Schneider can be reached at (571) 272-3607 or Ken Rinehart can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/UMASHANKAR VENKATESAN/
Primary Examiner, Art Unit 3753
