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 (i.e., changing from AIA to pre-AIA ) 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Mansfield (US 304,741), which discloses:
1. A check valve comprising:
a housing (S) having a fluid flow channel therethrough;
a valve seat (on which L rests; FIG 1);
a clapper (L) movable between a closed position and a fully open position, the clapper positioned against the valve seat and inhibiting fluid flow past the valve seat while the clapper is in the closed position (considered clearly met, as the valve closes to stop fluid flow), the clapper spaced apart from the valve seat and permitting fluid flow past the valve seat while the clapper is in the fully open position (considered clearly met, as the valve opens to allow fluid flow);
a pivot link (T) pivotable about a pivot axis (V) that is fixed (via K) relative to the valve seat;
a member (between T and L) coupling the pivot link and the clapper (see FIG 1); and
a biasing member (I) exerting a biasing force to bias the clapper toward the closed position (page 1, lines 52-59).
2. The check valve of claim 1, wherein the member is coupled to the pivot link at a point that is offset from the pivot axis by a first distance (between the pivot axis and the member, FIG 1).
3. The check valve of claim 2, wherein the biasing member exerts the biasing force on the pivot link at a point that is offset from the pivot axis by a second distance that is greater than the first distance (the biasing member contacts the pivot link at a distance to the left of the pivot axis, that is greater than the first distance; see FIG 1).
5. The check valve of claim 1, wherein the member is a rod (see FIG 1).
Claim(s) 1, 4 and 9 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Hawkins (US 413,941), which discloses:
1. A check valve comprising:
a housing (1) having a fluid flow channel therethrough;
a valve seat (4);
a clapper (the lower portion of 3 which rests on the valve seat) movable between a closed position and a fully open position, the clapper positioned against the valve seat and inhibiting fluid flow past the valve seat while the clapper is in the closed position (considered clearly met, as the valve closes to stop fluid flow), the clapper spaced apart from the valve seat and permitting fluid flow past the valve seat while the clapper is in the fully open position (considered clearly met, as the valve opens to allow fluid flow);
a pivot link (2,7) pivotable about a pivot axis (5) that is fixed (via 13) relative to the valve seat;
a member (the arm portion of 3) coupling the pivot link and the clapper (see FIG 1); and
a biasing member (11) exerting a biasing force to bias the clapper toward the closed position (page 1, lines 75-77).
4. The check valve of claim 1, wherein the biasing member exerts a greater biasing force on the clapper while the clapper is in the closed position than while the clapper is in the fully open position (this is how a user opens the valve - due to the counterforce supplied by the user’s grip, the spring does not exert a force on the clapper when the clapper is opened).
Regarding claim 9, see the analyses of claims 1 and 4 above.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amor (US 226,588), in view of either Mansfield or Hawkins.
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Amor discloses:
1. A check valve comprising:
a housing having a fluid flow channel therethrough (see annotated FIG 1 above);
a valve seat (see annotated FIG 1 above);
a clapper (see annotated FIG 1 above) movable between a closed position and a fully open position, the clapper positioned against the valve seat and inhibiting fluid flow past the valve seat while the clapper is in the closed position (considered clearly met, as the valve closes to stop fluid flow out of the hose and nozzle), the clapper spaced apart from the valve seat and permitting fluid flow past the valve seat while the clapper is in the fully open position (considered clearly met, as the valve opens to allow fluid flow through the hose);
a pivot link pivotable about a pivot axis (see annotated FIG 1 above) that is fixed relative to the valve seat;
a member coupling the pivot link and the clapper (see annotated FIG 1 above); and
a biasing member exerting a biasing force (see annotated FIG 1 above)
Amor is silent regarding the biasing force to bias the clapper toward the closed position (that is, the link below the member and above the clapper may be determined to operate only exert a force to pull the clapper upward toward the open position). However, Mansfield teaches that it was know to use a rigid coupling (the arm of 3) between a similar pivot link (T) and clapper (the valve element which contacts seat 4), which operates to transmit a closing force from a biasing member to the clapper. Alternatively, Hawkins teaches that it was known to use a rigid coupling between a similar pivot link (2, 7) and clapper to transmit a closing force from a biasing means (11) to the clapper. To similarly spring-bias Amor’s clapper closed and guard against unintentional leaks, it would have been obvious to use a member which transmits the biasing force to the clapper in the closing direction, as taught by Mansfield or Hawkins.
2. The check valve of claim 1, wherein the member is coupled to the pivot link at a point that is offset from the pivot axis by a first distance (between the pivot axis and the member, FIG 1).
3, The check valve of claim 2, wherein the biasing member exerts the biasing force on the pivot link at a point that is offset from the pivot axis by a second distance that is greater than the first distance (the biasing member contacts the pivot link at a distance to the left of the pivot axis, that is greater than the first distance; see FIG 1).
4. The check valve of claim 1, wherein the biasing member exerts a greater biasing force on the clapper while the clapper is in the closed position than while the clapper is in the fully open position (this is how a user opens the valve - due to the counterforce supplied by the user’s grip, the spring does not exert a force on the clapper when the clapper is opened).
5. The check valve of claim 1, wherein the member is a rod (see FIG 1).
6. The check valve of claim 1, wherein the member is a first member (renaming an element does not impart patentability), the check valve further comprising a second member (see annotated FIG 1, above) for transmitting the biasing force from the biasing member to the pivot link (the second member secures the center of the pivot link to the pivot axis, thus allowing the biasing member to exert force on the left side of the pivot link), the second member coupled to the pivot link (see FIG 1).
7. The check valve of claim 1, wherein the member is coupled to the pivot link at a point that is offset from the pivot axis along a first line of action (see annotated FIG below), wherein an angle between the member and the first line of action increases as the clapper moves from the closed position to the fully open position (as mapped in the annotated FIG below).
8. The check valve of claim 7, wherein the biasing member exerts the biasing force on the pivot link at a point that is offset from the pivot axis along a second line of action (see annotated FIG below), wherein an angle between the biasing member and the second line of action decreases as the clapper moves from the closed position to the fully open position (as mapped in the annotated FIG below).
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Regarding claim 9, see the analyses of claims 1 and 4 above.
10. The check valve of claim 9, wherein the pivot link transmits the biasing force to the clapper via a member (labeled in the first annotated FIG 1, above) coupling the pivot link and the clapper, wherein the member is coupled to the pivot link at a point that is offset from the pivot axis by a first distance (the distance from left to right, between the pivot axis and the member, see FIG 1).
11. The check valve of claim 10, wherein the biasing member exerts the biasing force on the pivot link at a point that is offset from the pivot axis by a second distance greater than the first distance (the biasing member contacts the pivot link at a distance to the left of the pivot axis, that is greater than the first distance; see FIG 1).
12. The check valve of claim 9, wherein the pivot link is movable between a first position and a second position, the pivot link in the first position while the clapper is in the closed position (i.e., the first position is read as the position illustrated in FIG 1), the pivot link in the second position while the clapper is in the fully open position (when the pivot link is rotated counter-clockwise from the position of FIG 1, in order to open the valve), the pivot link transmitting a greater effective biasing force to the clapper in the first position than in the second position (the biasing force provided by the biasing member and acting to keep the clapper closed is eliminated by a user in order to rotate the pivot link counter-clockwise and open the valve).
13. The check valve of claim 9, further comprising: a first member (labeled as “member”, annotated FIG 1 above) for transmitting the biasing force from the pivot link to the clapper (due to it’s position therebetween), the first member coupled to the pivot link; and a second member for transmitting the biasing force from the biasing member to the pivot link, the second member coupled to the pivot link (as mapped in the annotated FIG above, the second member fixes the pivot link to the pivot axis, thereby allowing the biasing force from the biasing member to act on the left side of the pivot link).
14. The check valve of claim 9, wherein the pivot link transmits the biasing force to the clapper via a member coupling the pivot link and the clapper (see the “member” in annotated FIG 1, above), wherein the member is coupled to the pivot link at a point that is offset from the pivot axis along a first line of action, wherein an angle between the member and the first line of action increases as the clapper moves from the closed position to the fully open position (as mapped in the second annotated Figure, above).
15. The check valve of claim 14, wherein the biasing member exerts the biasing force on the pivot link at a point that is offset from the pivot axis along a second line of action, wherein an angle between the biasing member and the second line of action decreases as the clapper moves from the closed position to the fully open position (as mapped in the second annotated Figure, above).
Allowable Subject Matter
Claims 16-20 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4,552,174 discloses a similar valve with a pivot link having first arm connected to a spring and a second arm connected to the clapper, as recited in claim 16 (but does not disclose an elongated rod rigidly connecting the first arm to the second arm, the elongated rod offset from the pivot axis of the pivot link, as required of claim 20). US 8,657,065 discloses a spring-connected first arm (108) which is directly connected to an elongated rod (112) and clapper (115) (but does not disclose a second arm, or the elongated rod offset from the pivot axis of the pivot link).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth 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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/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
1/8/26