DETAILED ACTION
Following applicant’s amendment filed 8/19/2026, claims 1-20 are pending with claims 7-10 and 13 withdrawn from consideration. Claims 1-6, 11, 12, and 14-20 are treated on their merits.
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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-6, 11, 12, 14, 15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sands (US Patent 3,561,471).
Regarding Claim 1, Sands discloses a valve 10 (Figures 1 and 3 especially), comprising: an enclosure B comprising an inlet (it is noted that either end is usable as the inlet or the outlet and therefore port 23 is relied upon as readable on the recited inlet) and an outlet (seat 26 forms an outlet); a septum V (the term “septum” is defined as “a dividing partition or membrane between two cavities in a mechanical device and therefore the valve V is readable as a “septum” as claimed because it provides a dividing partition between upstream and downstream portions of the enclosure in the same manner as achieved by applicant’s device) positioned within an interior of the enclosure (as shown in Figures 1 and 3), the septum comprising a first configuration (e.g. the position shown in Figure 1 provides a first configuration) at a first fluid pressure within the interior (at low differential pressures between the upstream and downstream lines the valve V will remain in the position shown in Figure 1), and a second configuration (second configuration as shown in Figure 3) at a second fluid pressure within the interior (a second, larger differential pressure between the upstream and downstream lines will cause the valve V to move to the second configuration shown as the position in Figure 3); a primary fluid path extending from the inlet to the outlet (primary fluid path extending from the inlet 23, through the valve chamber C, and through the seat 26), wherein the primary fluid path is open when the septum V is in the first configuration (when the septum is not seated on seat 26 as shown in Figure 1), and closed when the septum is in the second configuration (as shown in Figure 3, the primary fluid path is closed by the valve V seating against the seat 26); and a secondary fluid path (secondary fluid path including bypass passage 45 as best shown in Figure 1) extending from the inlet to the outlet (in the same manner in which applicant’s parallel aperture defining the secondary fluid path couples to the inlet and the outlet), wherein the secondary fluid path 45 is open when the septum is in the second configuration (the secondary fluid path is manually controlled via valve 47 and therefore is capable of being placed in the open position while the septum is in the second configuration), wherein the primary fluid path comprises a primary flow rate capacity that is greater than a secondary flow rate capacity of the secondary fluid path (this is clearly shown in Figure 1 such that a primary flow rate capacity of the primary flow path is much greater than a secondary flow rate capacity of the secondary fluid path due to the much smaller size of the bypass passage 45), wherein the septum V defines a first end (rightmost end of V including conical face 37) configured to obstruct the outlet in the second configuration (the first, rightmost end obstructs the outlet 26 in the second configuration as shown in Figure 3), and a second end opposite the first end (the second end is seen to include the leftmost end of V including conical face 36 as well as the enlarged disc portion 31), wherein the septum is tapered such that the second end has a width larger than a width of the first end (this is achieved via the conical face 37; i.e. the valve V is tapered such that the second end, including the enlarged disc portion 31, has a width larger than a width of the first end of conical face 37).
Regarding Claim 2, Sands is seen as further disclosing the secondary fluid path 45 is open when the septum is in either the first configuration or the second configuration (the opening of the secondary flow path is manually controlled and therefore the device is capable of being placed in a configuration such that the secondary fluid path is open when the septum V is in either the first configuration or the second configuration).
Regarding Claim 3, Sands is seen as further disclosing the septum V further comprises a fluid pressure threshold at which the septum switches from the first configuration to the second configuration (there is inherently a pressure differential at which the spring force is overcome and the valve moves from the first configuration to the second configuration).
Regarding Claim 4, Sands further discloses the first configuration is an open configuration (allowing fluid to flow along the primary fluid path as described above), and the first fluid pressure is equal to, or less than the fluid pressure threshold (i.e. less than the fluid pressure required to overcome the spring force to cause the valve V to close the primary fluid path), and the second configuration is a closed configuration (such that the primary fluid path is closed as described above), and the second fluid pressure is greater than the fluid pressure threshold (at fluid pressures greater than the fluid pressure threshold the valve occupies the second configuration as described above).
Regarding Claim 5, Sands is seen as further disclosing the fluid pressure threshold is a fluid vacuum pressure threshold (although Sands does not specifically disclose a vacuum pressure threshold, the valve member V moves according to pressure differentials across the valve; therefore, there is inherently a vacuum pressure threshold across the valve which will overcome the spring force and cause the valve to move into the closed position), the first fluid pressure is a first fluid vacuum pressure (i.e. a vacuum pressure below the threshold which will move the valve member V), and the second fluid pressure is a second fluid vacuum pressure (i.e. a vacuum pressure greater than the threshold which will move member V). As described above, a vacuum pressure threshold is inherent in the structure of Sands. That is, when a vacuum is applied at 24 which is greater than a vacuum applied at 23 by a certain amount, the valve move toward 24 to close the valve. It is noted that the claims only require a valve which comprises a pressure threshold and the claims do not require a system which applies a vacuum.
Regarding Claim 6, Sands is seen as further disclosing the first configuration is an open configuration (allowing fluid to flow along the primary fluid path as described above), and the first fluid vacuum pressure is less than or equal to the fluid vacuum pressure threshold of the septum (as described above; a first vacuum pressure is less than the threshold and therefore does not overcome the spring force), and the second configuration is a closed configuration (such that the primary fluid path is closed as described above), and the second fluid vacuum pressure is greater than the fluid vacuum pressure threshold (as described above; a second vacuum pressure is greater than the threshold and therefore overcomes the spring force to move the valve into the closed position).
Regarding Claim 11, Sands further discloses the primary fluid path includes a space between an outer surface of the septum V and one or more inner walls of the enclosure (as shown in Figure 1, the primary fluid path extending through C includes a space between valve V and an interior wall of the enclosure).
Regarding Claim 12, Sands further discloses at least a portion of the septum V moves with respect to the enclosure when transitioning from the first configuration to the second configuration (the entire septum V moves when transitioning from the first configuration to the second configuration).
Regarding Claim 14, Sands further discloses the septum V moves axially towards the outlet 26 when transitioning from the first configuration to the second configuration (the septum V moves axially along the axis of the enclosure as shown between the positions shown in Figures 1 and 3, respectively).
Regarding Claim 15, Sands discloses a valve 10 (Figures 1 and 3 especially), comprising: an enclosure B comprising an inlet (it is noted that either end is usable as the inlet or the outlet and therefore port 23 is relied upon as readable on the recited inlet), an outlet (seat 26 forms an outlet), and an aperture (bypass passage 45 defines an aperture) adjacent the outlet 26 (as shown in Figure 1); a primary fluid path through the outlet 26 (primary fluid path extending from the inlet 23, through the valve chamber C, and through the seat 26); a secondary fluid path through the aperture 45 (as best shown in Figure 1); and a septum V (the term “septum” is defined as “a dividing partition or membrane between two cavities in a mechanical device and therefore the valve V is readable as a “septum” as claimed because it provides a dividing partition between upstream and downstream portions of the enclosure in the same manner as achieved by applicant’s device) positioned within the enclosure, the septum comprising a first configuration (e.g. the position shown in Figure 1 provides a first configuration) at a first fluid pressure within the enclosure (at low differential pressures between the upstream and downstream lines the valve V will remain in the position shown in Figure 1), and a second configuration (second configuration as shown in Figure 3) at a second fluid pressure within the enclosure (a second, larger differential pressure between the upstream and downstream lines will cause the valve V to move to the second configuration shown as the position in Figure 3), wherein the primary fluid path is open when the septum V is in the first configuration (when the septum is not seated on seat 26 as shown in Figure 1), and closed when the septum is in the second configuration (as shown in Figure 3, the primary fluid path is closed by the valve V seating against the seat 26), and wherein the secondary fluid path 45 is open when the septum is in either the first configuration or the second configuration (the secondary fluid path is manually controlled via valve 47 and therefore is capable of being placed in the open position while the septum is in either the first configuration or the second configuration), wherein the septum V defines a first end (rightmost end of V including conical face 37) configured to obstruct the outlet in the second configuration (the first, rightmost end obstructs the outlet 26 in the second configuration as shown in Figure 3), and a second end opposite the first end (the second end is seen to include the leftmost end of V including conical face 36 as well as the enlarged disc portion 31), wherein the septum is tapered such that the second end has a width larger than a width of the first end (this is achieved via the conical face 37; i.e. the valve V is tapered such that the second end, including the enlarged disc portion 31, has a width larger than a width of the first end of conical face 37).
Regarding Claim 17, Sands further discloses the primary fluid path comprises a primary flow rate capacity that is greater than a secondary flow rate capacity of the secondary fluid path (this is clearly shown in Figure 1 such that a primary flow rate capacity of the primary flow path is much greater than a secondary flow rate capacity of the secondary fluid path due to the much smaller size of the bypass passage 45).
Regarding Claim 18, Sands further discloses the primary fluid path includes a space between an outer surface of the septum V and one or more inner walls of the enclosure (as shown in Figure 1, the primary fluid path extending through C includes a space between valve V and an interior wall of the enclosure).
Regarding Claim 19, Sands is seen as further disclosing the septum V further comprises a fluid pressure threshold at which the septum switches from the first configuration to the second configuration (there is inherently a pressure differential at which the spring force is overcome and the valve moves from the first configuration to the second configuration).
Regarding Claim 20, Sands further discloses the first configuration is an open configuration (allowing fluid to flow along the primary fluid path as described above), and the first fluid pressure is equal to, or less than a fluid pressure threshold (i.e. less than a fluid pressure required to overcome the spring force to cause the valve V to close the primary fluid path), and the second configuration is a closed configuration (such that the primary fluid path is closed as described above), and the second fluid pressure is greater than the fluid pressure threshold (at fluid pressures greater than the fluid pressure threshold the valve occupies the second configuration as described above).
Allowable Subject Matter
Claim 16 is 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 with respect to claim(s) 1 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, applicant argues that Sands (US Patent 4,030,520) fails to teach the new limitations requiring “the septum is tapered such that the second end has a width larger than a width of the first end”. However, newly applied Sands (US Patent 3,561,471) teaches a septum V which is tapered (via conical face 37) such that the second end (including enlarged disc portion 31) has a width (at least at 31) larger than a width of the first end (at least at the narrow end of face 37).
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 KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
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 supervisor, Craig Schneider can be reached on (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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN F MURPHY/Primary Examiner, Art Unit 3753
Prosecution Insights