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 claims filed 10/16/2024. Claims 1 – 20 are pending in this application.
Information Disclosure Statement
The information disclosure statement filed 10/16/2024 is acknowledged by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11 – 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "the closure member". There is insufficient antecedent basis for this limitation in the claim. Examiner for this office action is interpreting the limitation to mean the moveable plug.
Regarding claim 14, “the distal seal is broken” requires the distal seal to break contact with the seat. The claim requires the distal seal to extend from the moveable plug to the seat when the “distal seal is broken”. It is not clear how a seal can be broken and still make contact with the seat. Examiner, for this office action is interpreting the claim as “the distal seal contacts both the moveable plug and the seat when the proximal seal is broken”
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 – 10, 11 - 16 as far as they are definite, 17 – 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.
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 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, as far as it is definite, 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 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).
Regarding claim 12, as far as it is definite, Leman discloses the distal seal (26, Fig. 2) attaches to the moveable plug (10, Fig. 2).
Regarding claim 13, as far as it is definite, 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, as far as it is definite, 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, as far as it is definite, the distal seal (26, Fig. 2) moves with the moveable plug (19, Fig. 2).
Regarding claim 16, as far as it is definite, 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.
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.
Regarding claim 6, Bailey discloses grooves (33, 31, Fig. 1) in the seal. Examiner is interpreting these grooves to meet the limitation “pleated”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication to Nakamura et al. (2022/0136612) and US Patent to Redwine (4,545,404) both disclosing valve with secondary seals.
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