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 4/28/2026. Applicant amended claims 1, 4, 11, 13, cancelled claims 9 and 17, added claim 19; claims 1 – 8, 10 – 16, 18 – 19 are pending in this application.
Response to Arguments
Applicant's arguments filed 4/28/2026 have been fully considered but they are not persuasive.
Applicant regarding the cited reference WIPO Document to SUK (WO 97/30616), argues “SUK discloses a worm gear carrying discrete cams that intermittently contact a protrusion on a flange” and further argues “[t]hat is not the same as a cam plate having a surface against which an elongate cam follower having a moving portion is pressed and configured to move in the axial direction as the cam plate rotates”. Examiner respectfully disagrees.
The office action cites element 18 (worm wheel) on which cam elements are present as the “cam plate”. The cam follower (examiner for this office action is interpreting element 12 to be the cam follower) with the moving member 13 – an elongate member - is pressed against a surface of cam plate and moves in the direction of axis of rotation of element 18 thereby reading on all the limitations of the amended claim 1.
Regarding claims 12, 16 – 18, the reference discloses a sensing switch that determines rotation of the worm gear 16 that is part of the reduction mechanism between the drive source M and the cam plate 18 thereby reading on all the limitations of the claimed subject matter.
Applicant’s amendment to claims 4 and 13 overcome the USC 112 (a) rejection of the previous office action.
Based on the foregoing rejection of claims 1 - 3,5 – 6, 12, and 16 are maintained and THIS ACTION IS MADE FINAL.
Drawings
Replacement drawings were received on 4/28/2026. These drawings are accepted and the drawing objection of the previous office action is withdrawn.
Claim Objections
Applicant is advised that should claim 19 be found allowable, claim 10 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 – 2, 12, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIPO Document to SUK (WO 97/30616).
Regarding claim 1, SUK discloses a flow rate regulating valve comprising: a cam plate (18, Fig. 1); a cam follower (12, Fig. 1) having an elongate – element 13 elongates from the surface 12 - configuration and including a moving portion (13, Fig. 1) the moving portion that is pressed against a surface of the cam plate, the cam follower (12, Fig. 1) being configured to move in a direction of a rotation axis of the cam plate as the cam plate rotates; and a valve stem (6, Fig. 1) that moves in the direction of the rotation axis of the cam plate in association with movement of the cam follower (13, Fig. 1), and varies a flow rate depending on a relative position with respect to a flow path.
Regarding claim 2, SUK discloses the valve stem (6, Fig. 1) is connected to one end of a valve stem support portion (4, Fig. 1) – by means of spring 9 and element 15, the other end of which is connected to the cam follower (13, Fig. 1).
Regarding claims 12, and 16, SUK discloses a reduction mechanism – worm gear – and control system to a control device that determines the operating state of the valve (page 7, Lines 8 – 15).
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.
Claims 3, 5 – 6 are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Document to SUK (WO 97/30616) in view of US Patent Application Publication to Telep et al. (2006/0237675).
Regarding claims 3, 5 - 6, SUK does not disclose a moving portion at the cam follower.
However, having a cam follower with a moving portion is well known in the art as taught by Telep et al. Telep et al. teach a moving cam follower (48, Fig. 3) that actuates a valve stem moving in the vertical direction.
Therefore, it would have been obvious to the person having ordinary skill in the art at a time prior to the effective filing date of the application to have modified valve disclosed by SUK with the moving cam flower taught by Telep et al. as a combination of prior art elements according to known methods to yield predictable results.
In the combination of the prior art elements, one of ordinary skill in the art would have reasonably expected the elements to maintain their respective properties or functions.
Regarding claims 5 and 6, in the combination Telep et al. teach the cam follower (48, Fig. 3) is roller bearing or plain bearing [para. 26].
Allowable Subject Matter
Claims 4, 7 – 8, 10 – 11, 13 – 15 and 18 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.
Claim 19 is allowed.
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
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