DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claims 1, 15, and 20 recite antecedent basis of “means for the controlled movement of the movable shutter”. These will be interpreted as the exemplary structures in specification paragraphs 59-60 (control head and shaft), or art-recognized equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “mounting means” with antecedent basis in claim 13 and “means for mounting” in claim 16.
In the case for both of these limitations, there is sufficient surrounding structure (i.e. location of element) and specific function ([claim 13] mounting the element on the structure, [claim 16] mounting the tubular body in a hung condition on said mouth) recited.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. In this case
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.
Claim(s) 1, 3-4, 6-7, 10-13, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vasquez et al (US 20130042931).
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Regarding claim 1, Vasquez (FIG 1) discloses “Regulator for a gas control apparatus, for installation in a gas transportation and/or distribution network, the regulator comprising a structure (housing of 12) with a gas inlet (14) and a gas outlet (16),
wherein, inside the structure, the regulator comprises:
- an upstream zone (18) that is fluidly connected to the inlet,
- a downstream zone (interior section where 20 resides) that is fluidly connected to the outlet,
- a passage opening (opening in 22) interposed between the upstream zone and the downstream zone,
- a shutter (20) movable within the downstream zone for closing and/or obstructing the passage opening (paragraph 12), said shutter comprises a first face (annular bottom face that surrounds spring) facing towards the downstream zone and
a second face (top face that abuts 22), opposite to the first face, facing towards the passage opening,
- means (30, 36) for the controlled movement of the movable shutter,
wherein said regulator comprises an element (cylindrical boss that guides 22 in FIG 1x) positioned within the downstream zone, facing the shutter (see FIG 1x), and including a portion (receptacle cup section “portion”) configured to cooperate with the first face (surrounds and guides bottom of 20) of the shutter facing towards the downstream zone so as to divert the gas flow at said first face of the shutter (the presence restricts flow from the outlet to the underside of 20 to some degree, read on “divert flow”), thus reducing the gas pressure acting directly on said first face of the shutter facing towards the downstream zone (by virtue of obstructing flow below 20).”
Regarding claim 3, Vasquez (FIG 1) discloses “wherein the portion (“portion”) of the element comprises at least one shaped section (“section/shape”) or profile to cooperate with a correspondingly shaped section or profile of the first face of the shutter.”
Regarding claim 4, Vasquez (FIG 1) discloses “wherein said portion of the element has a shape (“section/shape”) corresponding or complementary to the first face of the shutter facing the downstream zone.”
Regarding claim 6, Vasquez (FIG 1) discloses “wherein the means (30, 36) for the controlled movement of the mobile shutter comprises a mobile unit (30, 36); the mobile unit comprises a shaft (36), on which the shutter is mounted/fixed (see FIG 1); and said shaft passes through the upstream zone and is movable withing the upstream zone (see FIG 1).”
Regarding claim 7, Vasquez (FIG 1) discloses “wherein said element (FIG 1x) comprises an internally hollow body, substantially cylindrical or frustoconical in shape (see FIG 1x), with a base (portion is the base) defining the portion for cooperation with the first face of the shutter facing towards the downstream zone (see FIG 1x).”
Regarding claim 10, Vasquez (FIG 1) discloses “wherein the element is mounted on a removable cover (element is integral with a bottom screw [“removable” via screws] flange cover) of the structure.”
Regarding claim 11, Vasquez (FIG 1) discloses “wherein the removable cover is arranged in such a way that its removal from the remaining part of the structure (via unscrewing) allows access to the element and to the shutter (understood that all are accessible when the bottom cover is unscrewed and taken out).”
Regarding claim 12, Vasquez (FIG 1) discloses “wherein the entire or most of the surface area of the portion of the element cooperates with the entire or most of the surface area of the first face (20) of the shutter (in FIG 1x, first face is fully within [read on “cooperates with”] “portion”; first face moves along the majority of the inner wall [read on “most of”] of “portion”).
Regarding claim 13, Vasquez (FIG 1) discloses “wherein said element (FIG 1x) comprises, in a position opposite to the portion configured to cooperate with the first face of the shutter, mounting means (flange and screws on bottom in FIG 1) configured removably (via screws) mount the element on the structure.”
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Regarding claim 20, Vasquez (FIG 1) discloses “Method for reducing the gas pressure acting on a first face (annular bottom face of 20 that surrounds spring) of a shutter (20) of a regulator for a gas control apparatus, of the type suitable for installation in a gas transportation and/or distribution network (operates with gas in abstract), said regulator comprising a structure (housing of 12) with a gas inlet (14) and a gas outlet (16), and wherein, inside the structure, the regulator comprises:
- an upstream zone (18) that is fluidly connected to the inlet,
- a downstream zone (interior section where 20 resides) that is fluidly connected to the outlet,
- a passage opening (opening in 22) interposed between the upstream zone and the downstream zone,
- said shutter (20) movable within the downstream zone for closing and/or obstructing the passage opening (paragraph 12), said shutter (20) comprising said first face facing towards the downstream zone (see FIG 1) and
a second face (top face that abuts 22), opposite to the first face, facing towards the passage opening,
- means (30, 36) for the controlled movement of the movable shutter,
the method comprising:
- using an element ((cylindrical boss that guides 22 in FIG 1x) positioned within the downstream zone facing the shutter (see FIG 1x), said element comprising a portion (receptacle cup section “portion”) configured to cooperate with the first face of the shutter (surrounds and guides bottom face of 20) facing towards the downstream zone to divert the gas flow at said first face of the shutter (the presence restricts flow from the outlet to the underside of 20 to some degree, read on “divert flow”), thereby reducing the gas pressure acting directly on said first face of the shutter facing towards the downstream zone (by virtue of obstructing flow below 20), or
- using an element positioned inside the downstream zone at a mouth of the passage opening facing towards the downstream zone, said element being configured to cooperate with the second face of said shutter facing towards said mouth to divert the gas flow exiting from said mouth towards a first part of said downstream zone that is closer to the outlet than a second part of said downstream zone, thereby reducing the pressure of the gas, in said second part of the downstream zone, that acts on said first face of the shutter.”
Claim(s) 1-5, 7-8, 10-12, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Povey et al (US 20190155317).
Regarding claim 1, Povey (FIG 1) discloses “Regulator for a gas control apparatus, for installation in a gas transportation and/or distribution network, the regulator comprising a structure (1’s) with a gas inlet (right end) and a gas outlet (left end),
wherein, inside the structure, the regulator comprises:
- an upstream zone (at 4) that is fluidly connected to the inlet,
- a downstream zone (interior section where 24 resides) that is fluidly connected to the outlet,
- a passage opening (30) interposed between the upstream zone and the downstream zone,
- a shutter (26) movable within the downstream zone for closing and/or obstructing the passage opening (by moving to the right in FIG 1), said shutter comprises a first face (left inner face that abuts 24) facing towards the downstream zone and
a second face (right face that abuts 28), opposite to the first face, facing towards the passage opening,
- means (40) for the controlled movement of the movable shutter (force of spring understood to facilitate movement of 26 passively),
wherein said regulator comprises an element (24) positioned within the downstream zone, facing the shutter (see FIG 1), and including a portion (cylindrical section) configured to cooperate with the first face (abuts when 26 moves to the left from FIG 1) of the shutter facing towards the downstream zone so as to divert the gas flow at said first face of the shutter (the presence blocks flow to the underside of 26 in its immediate vicinity, read on “divert flow”), thus reducing the gas pressure acting directly on said first face of the shutter facing towards the downstream zone (by virtue of obstructing flow to the inside of 26).”
Regarding claim 2, Povey (FIG 1) discloses “wherein said element (24) is positioned within the downstream zone and is configured to contact the first face of the shutter or to be in proximity of the first face of the shutter only when said shutter is in a position of maximum distance
from the passage opening (by virtue of 24 functioning as the leftward limit stop for 26, including the abutment between the left inner face and the rightmost end of 24 that would occur at the leftmost position of 26).”
Regarding claim 3, Povey (FIG 1) discloses “wherein the portion of the element (cylindrical section of 24) comprises at least one shaped section or profile to cooperate with a correspondingly shaped section or profile of the first face of the shutter (see FIG 1).”
Regarding claim 4, Povey (FIG 1) discloses “wherein said portion of the element (cylindrical section of 24) has a shape corresponding or complementary to the first face of the shutter facing the downstream zone (see FIG 1).”
Regarding claim 5, Povey (FIG 1) discloses “wherein the first face of the shutter (left inner face of 26) is entirely flat or substantially flat (see FIG 1) and, correspondingly, said portion of the element is also entirely flat or substantially flat (flat right end face).”
Regarding claim 7, Povey (FIG 1) discloses “wherein said element (24) comprises an internally hollow body (at 40, 46, 31), substantially cylindrical or frustoconical in shape (24 is cylindrical), with a base (cylindrical portion of 24 is the “base” in this instance) defining the portion for cooperation with the first face of the shutter facing towards the downstream zone.”
Regarding claim 8, Povey (FIG 1) discloses “wherein the hollow body has passages (40, 46, 31) to allow gas to enter inside the body.”
Regarding claim 10, Povey (FIG 1) discloses “wherein the element (24) is mounted on a removable cover (left 1, seen to be removable via flange screws) of the structure (1’s).”
Regarding claim 11, Povey (FIG 1) discloses “wherein the removable cover is arranged in such a way that its removal from the remaining part of the structure (via unscrewing) allows access to the element and to the shutter (understood that all are accessible when the left 1 is unscrewed and removed).”
Regarding claim 12, Povey (FIG 1) discloses “wherein the entire or most of the surface area of the portion of the element cooperates with the entire or most of the surface area of the first face of the shutter (surfaces have matching diameters, 33 sleeves most of 24).”
Regarding claim 20, Povey (FIG 1) discloses “Method for reducing the gas pressure acting on a first face of a shutter (left inner face of 26) of a regulator for a gas control apparatus, of the type suitable for installation in a gas transportation and/or distribution network (paragraph 56), said regulator comprising a structure (1’s) with a gas inlet (4) and a gas outlet (6), and wherein, inside the structure, the regulator comprises:
- an upstream zone (at 4) that is fluidly connected to the inlet,
- a downstream zone (interior section where 24 resides) that is fluidly connected to the outlet,
- a passage opening (30) interposed between the upstream zone and the downstream zone,
- said shutter (26) movable within the downstream zone for closing and/or obstructing the passage opening (by moving left/right in FIG 1), said shutter comprising said first face facing towards the downstream zone (see FIG 1)
and a second face (42), opposite to the first face, facing towards the passage opening (30),
- means (40) for the controlled movement of the movable shutter (force of spring understood to facilitate movement of 26 passively),
the method comprising:
- using an element (24) positioned within the downstream zone facing the shutter (see FIG 1), said element comprising a portion (cylindrical portion) configured to cooperate with the first face of the shutter facing towards the downstream zone to divert the gas flow at said first face of the shutter (the presence blocks flow to the underside of 26 in its immediate vicinity, read on “divert flow”), thereby reducing the gas pressure acting directly on said first face of the shutter facing towards the downstream zone (by virtue of obstructing flow to the inside of 26), or
- using an element positioned inside the downstream zone at a mouth of the passage opening facing towards the downstream zone, said element being configured to cooperate with the second face of said shutter facing towards said mouth to divert the gas flow exiting from said mouth towards a first part of said downstream zone that is closer to the outlet than a second part of said downstream zone, thereby reducing the pressure of the gas, in said second part of the downstream zone, that acts on said first face of the shutter.”
Claim(s) 15 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mears et al (US 20200347957).
Regarding claim 15, Mears (FIG 3) discloses “Regulator for a gas control apparatus, for installation in a gas transportation and/or distribution network, the regulator comprising a structure (134) with a gas inlet (left end) and a gas outlet (right end), wherein, inside the structure, the regulator comprises:
- an upstream zone (interior below 60) that is fluidly connected to the inlet,
- a downstream zone (interior above 60) that is fluidly connected to the outlet, said downstream zone comprises a first part (chamber section to the right of 46) and a second part (chamber section to the left of 46), wherein the first part is closer to the outlet than the second part (as defined),
- a passage opening (in 60), having a mouth (top of 60), interposed between the upstream zone and the downstream zone (see FIG 3),
- a shutter (46, 50, 52, 54) movable for closing and/or obstructing the passage opening (upwards from FIG 3), said shutter comprises a first face (top end face) facing towards the second part of the downstream zone (top interior of 46) and a second face (52, 54), opposite to the first face, facing towards the passage opening (see FIG 3, faces 60 when 54 is upward),
- means (36, 12) for the controlled movement of the movable shutter (paragraph 31), wherein said regulator comprises an element (44) positioned within the downstream zone at the mouth (against top of 60) of the passage opening facing towards the downstream zone and is configured to cooperate with the second face of said shutter (when 54 opens, 44 together with 54 form a narrow passage to the right out through 46) facing towards said mouth to divert the gas flow exiting from said mouth towards said first part of the downstream zone that is closer to the outlet, thereby reducing the gas pressure acting on said first face of the shutter in said second part of the downstream zone (via fluid being directed out of 46 and being obstructed from getting behind 52/46).”
Regarding claim 20, Mears (FIG 3) discloses “Method for reducing the gas pressure acting on a first face of a shutter (top end face of shutter 46, 50, 52, 54) of a regulator for a gas control apparatus, of the type suitable for installation in a gas transportation and/or distribution network (paragraph 2), said regulator comprising a structure (138) with a gas inlet (left end) and a gas outlet (right end), and wherein, inside the structure, the regulator comprises:
- an upstream zone (interior below 60) that is fluidly connected to the inlet,
- a downstream zone (interior above 60) that is fluidly connected to the outlet, said downstream zone comprises a first part (chamber section to the right of 46) and a second part (chamber section to the left of 46), wherein the first part is closer to the outlet than the second part (as defined),
- a passage opening (in 60), having a mouth (top of 60), interposed between the upstream zone and the downstream zone (see FIG 3),
- said shutter movable within the downstream zone for closing and/or obstructing the passage opening (by moving up in FIG 3), said shutter comprising said first face facing towards the downstream zone (see FIG 3)
and a second face (54), opposite to the first face, facing towards the passage opening (when it moves upward),
- means (36, 12) for the controlled movement of the movable shutter,
the method comprising:
- using an element positioned within the downstream zone facing the shutter, said element comprising a portion configured to cooperate with the first face of the shutter facing towards the downstream zone to divert the gas flow at said first face of the shutter, thereby reducing the gas pressure acting directly on said first face of the shutter facing towards the downstream zone, or
- using an element (440 positioned inside the downstream zone at a mouth of the passage opening (top of 60) facing towards the downstream zone (mouth face downstream into 44), said element being configured to cooperate with the second face of said shutter facing towards said mouth (when 54 opens, 44 together with 54 form a narrow passage to the right out through 46) to divert the gas flow exiting from said mouth towards a first part of said downstream zone that is closer to the outlet than a second part of said downstream zone, thereby reducing the pressure of the gas, in said second part of the downstream zone, that acts on said first face of the shutter (via fluid being directed out of 46 and being obstructed from getting behind 52/46).”
Claim Rejections - 35 USC § 103
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vasquez in view of Perry et al (US 5957119).
Vasquez is silent regarding “wherein said mounting means of the element are configured to cooperate with a removable cover of the structure.” In Vasquez the mounting means is also a cover, in other words a single element accomplishes these features.
However, Perry (FIG 2) teaches a regulator analogous to Vasquez having a “shutter” 5 secured by an “element” 9, the element having “mounting means” (bottom face) in abutment with a threaded “cover “12 of “structure” 1.
It would have been obvious, before the effective filing date, to modify the regulator element and cover of Vasquez such that “wherein said mounting means of the element are configured to cooperate with a removable cover of the structure”, as taught by Perry, to make the element and cover separable for ease of replacement/maintenance of isolated components.
Allowable Subject Matter
Claims 9 and 16-19 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, closest art Vasquez and Covey are each silent regarding “wherein the element (30) comprises a base (35), defining the portion (31) for cooperation with the first face (20) of the shutter, and is supported by a central support stem (36)”.
No prior art remedies this deficiency in Vasquez/Povey, and the modification in theory could be detrimental to their intended operation. For at least this reason claim 9 is nonobvious.
Regarding claim 16, closest art of record Mears is silent regarding “wherein the element (300) comprises a tubular body (301) which, at one end, is provided with means (302) for mounting the tubular body (301) in a hung condition on said mouth (17) and is provided on a side wall thereof with an open or missing portion (303) that is open and facing towards said first part (13') of the downstream zone (13).” As Mears 44 is on top of 60, it is not seen to be in a hung condition (secured from above relative to gravity).
No prior art remedies this deficiency in Mears, and Mears showing an opposite arrangement is seen to teach against this limitation. For at least this reason claim 16 is nonobvious.
Claims 17-19 are allowable by virtue of their dependency on claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Devices similar to the application are disclosed by St. Clair (US 2904068), Engel et al (US 3001550), Ward (US 885812), Schneider (US 20110284102), Ochiai et al (US 7806136), and Sugden (US 3561468).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK C WILLIAMS whose telephone number is (571)431-0767. The examiner can normally be reached M-F 9:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/PATRICK C WILLIAMS/Primary Examiner, Art Unit 3753