DETAILED ACTION
Allowable Subject Matter
Claims 4-6 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 .
Information Disclosure Statement
The information disclosure statements filed on 12/4/2024 and 5/7/2025 are acknowledged by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Specification p. 6 lines 19-22: “Conveniently, the actuation rod 30 is integral in rotation with the hollow sphere 13 about the first axis 4 and is associable with a control lever or an actuator, and one or more sealing O-rings 31 are provided between the actuation rod 20 and the valve body 2.” The Drawings reference an actuation rod 30 extending along the second axis 6. Additionally, the Specification p. 4 lines 19-27 states “Such hollow sphere 13 is directly associated with the activation means 10 for its rotation about the second axis 6 by virtue of a first shape mating and has three openings 14, 15 and 16 formed on planes which are parallel to the second axis 6, two of which are mutually opposite and a third of which is perpendicular to two other ones, so as to connect the first inlet 3 to the outlet 7, in the first configuration, and completely obstruct the first inlet 3, with the only blind side, leaving its interior in communication with the outlet 7, in the second configuration, as a result of a substantially 90° rotation thereof about the second axis 6 with respect to the first configuration.“
First, Specification p. 6 line 20 “first axis 4” should state second axis 6.
Second, Specification p. 6 line 22 “actuation rod 20” should state actuation rod 30.
Specification p. 7 lines 2-3: “With reference to Figures 8 and 9, starting from the first configuration and following a clockwise rotation (looking at said figures) of the actuation rod 20”. P. 7 line 3 “actuation rod 20” should state actuation rod 30.
Appropriate correction is required.
Claim Objections
There are numerous claim objections in the claims. The following is a list of a few:
Claims 1 and 3 are objected to because of the following informalities:
Claim 1 line 23 “said inlets: should state first and second inlets.
Claim 3 line 3 “axes” should state first and second axes. Appropriate correction is required.
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.
There are numerous 112(b) or 112 second paragraph rejections, including but not limited to:
Claims 3-6, 9, and 10 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 3 lines 5-7 recites “three openings formed on planes which are parallel to said second axis, two of which are mutually opposite and a third of which is perpendicular to said mutually opposite openings”. (a) Claim 3 line 6 “two of which are mutually opposite”. It is unclear what is meant by “two”. For the purpose of this examination, it is assumed that “two” relates to two openings of the “three openings”. It is suggested that “two” be amended to state two openings of said three openings. (b) Claim 3 line 6 “a third”. It is unclear what is meant by “a third”. For the purpose of this examination, it is assumed that “a third” relates to a third opening of the “three openings”. It is suggested that “ a third” be amended to state a third opening or said three openings.
Claim 3 lines 12-20 recites “said hollow sphere having a fourth opening formed on an opposite side with respect to said activation means at right angles to said second axis in a direction of said second inlet.” However, Claim 1 lines 12-13 recites “a receptacle, which is formed and extended along said second axis”. Additionally, The Drawings reference an actuation rod 30 extending along the second axis 6. Additionally, the Specification p. 4 lines 19-27 states “Such hollow sphere 13 is directly associated with the activation means 10 for its rotation about the second axis 6 by virtue of a first shape mating and has three openings 14, 15 and 16 formed on planes which are parallel to the second axis 6, two of which are mutually opposite and a third of which is perpendicular to two other ones, so as to connect the first inlet 3 to the outlet 7, in the first configuration, and completely obstruct the first inlet 3, with the only blind side, leaving its interior in communication with the outlet 7, in the second configuration, as a result of a substantially 90° rotation thereof about the second axis 6 with respect to the first configuration. It is suggested that “second axis” be amended to state first axis.
Claims 4-6, 9, and 10 are rejected on the basis of Claim 3.
Claim 10 recites “activation rod being integral in rotation with respect to said hollow sphere about said first axis.” However, the Drawings reference an actuation rod 30 extending along the second axis 6. Additionally, the Specification p. 4 lines 19-27 states “Such hollow sphere 13 is directly associated with the activation means 10 for its rotation about the second axis 6 by virtue of a first shape mating and has three openings 14, 15 and 16 formed on planes which are parallel to the second axis 6, two of which are mutually opposite and a third of which is perpendicular to two other ones, so as to connect the first inlet 3 to the outlet 7, in the first configuration, and completely obstruct the first inlet 3, with the only blind side, leaving its interior in communication with the outlet 7, in the second configuration, as a result of a substantially 90° rotation thereof about the second axis 6 with respect to the first configuration. Therefore, it is suggested that “said first axis” be amended to state said second axis.
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.
Claim 1 means for controlling and/or blocking flows of fluid (“the flow control and/or blocking means 9 comprise: – a first flow control element 11, which is movable gradually and continuously by means of the actuation of the activation means 10 so as to affect the flow of the first fluid "A" that arrives from the first inlet 3; – a second flow control element 12, which is movable gradually and continuously by means of the actuation of the activation means 10 so as to affect the flow of the second fluid "B" that arrives from the second inlet 5. More specifically, the first flow control element 11 is directly associated with the activation means 10 and the second flow control element 12 is associated with the activation means 10 by means of the first flow control element 11. With reference to Figure 3, the first flow control element 11 comprises a hollow sphere 13 which is rotatably and centrally accommodated in the valve body 2 at the intersection of the axes 4 and 6“); Claim 1 means for activating said flow control and/or blocking means (“activation means 10 comprise an actuation rod 30”); and Claim 3 activation means for rotation (“actuation rod 30 is integral in rotation with the hollow sphere 13 about the first axis 4 and is associable with a control lever or an actuator, and one or more sealing O-rings 31 are provided between the actuation rod 20 and the valve body 2”).
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.
Claims 1-3, 7, 8, and 10 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Sakaki US 5988220 (“Sakaki”).
Regarding Claim 1, Sakaki discloses a three-way valve (ann. fig. 1), particularly of the type with a modulating function, comprising a valve body (1) having a substantially cruciform configuration (see ann. fig. 1) so as to form: a first inlet (ann. fig. 1), which is oriented substantially along a first axis (first axis) that passes through said valve body (1) and is adapted to be connected to a first delivery pipe (ann. fig. 1) of a first fluid; a second inlet (ann. fig. 1), which is oriented substantially along a second axis (ann. fig. 1) that passes through said valve body (1) substantially at right angles (ann. fig. 1 illustrates the first axis perpendicular to second axis) to said first axis (ann. fig. 1) and is adapted to be connected to a second delivery pipe (ann. fig. 1) of a second fluid; an outlet (ann. fig. 1), which is oriented along said first axis (ann. fig. 1) in a manner that is opposite with respect to said first inlet (ann. fig. 1); and a receptacle (ann. fig. 1), which is formed and extended along said second axis (ann. fig. 1) in a manner that is opposite with respect to said second inlet (ann. fig. 1); means for controlling and/or blocking flows (ball valve 2) of said fluids being furthermore comprised and being accommodated internally and substantially centrally to said valve body (1), and means for activating (8) said flow control and/or blocking means (2) being furthermore comprised and being accommodated in said receptacle (ann. fig. 1); wherein said control and/or blocking means (2) are configured to be switched by virtue of said activation means (8) between a first configuration (flow path from opening 13 to 14 in ball valve 2), in which said first inlet (ann. fig. 1) and said outlet (ann. fig. 1) are completely free (illustrated in fig. 2) and in which said second inlet (ann. fig. 1) is completely blocked, and a second configuration (flow path from opening 15 to opening 16), in which said second inlet (ann. fig. 1) and said outlet (ann. fig. 1) are completely free (illustrated in fig. 3) and in which said first inlet (ann. fig. 1) is completely blocked, passing through a plurality of intermediate configurations in which said inlets are partially blocked with said outlet completely free (col. 3 lines 29-54 describes the rotation of ball valve 2; “A partition wall 17 is provided in the ball 2 to isolate a flow passage communicating the first port 13 with the second port 14 from a flow passage communicating the third port 15 with the fourth port 16 so that both the flow passages are independent from each other. Next, the operation of the three-way ball valve of this embodiment will be described with reference to FIGS. 5 and 6. In FIG. 1, the inlets 10 and 11 are communicated with each other by the third and fourth ports 15, 16 of the ball 2, and an L-shaped flow passage is formed between the inlet 10 and the inlet 11 via the ball 2. If the handle 7 rotates counterclockwise by 90 degrees from this state, another state shown in FIG. 5 is present. In the latter state, the inlet 9 and the inlet 10 are communicated with each other via the first port 13 and the second port 14 of the ball 2, and a flow passage is formed in the direction from the inlet 9 to the inlet 10, i.e., in the horizontal direction. On the other hand, the third port 15 (indicated by a circle of a dotted line) of the ball 2 is closed to shut the inlet 11. If the handle further rotates counterclockwise by 90 degrees from this state, a further state shown in FIG. 6 is present. In the latter state, the inlet 9 and the inlet 11 are communicated with each other via the third port 15 and the fourth port 16 of the ball 2, and an L-shaped flow passage in the reverse phase to the above-mentioned L-shaped flow passage is formed in the direction from the inlet 9 to the inlet 11 via the ball 2”).
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SAKAKI - ANNOTATED FIGURE 1
Regarding Claim 2, Sakaki discloses said control and/or blocking means (2) comprise: a first flow control element (flow path from opening 13 to opening 14 in ball valve 2, illustrated in fig. 2), which can move gradually and continuously by means of the actuation (rotation) of said activation means (8) so as to affect the flow of said first fluid that arrives from said first inlet (ann. fig. 1); a second flow control element (flow path from opening 16 to opening 15, illustrated in fig. 3), which can move gradually and continuously by means of the actuation of said activation means (8) so as to affect the flow of said second fluid that arrives from said second inlet (ann. fig. 1); said first flow control element (fig. 2) being directly associated with said activation means and said second flow control element (fig. 3) being associated with said activation means (8) by virtue of said first flow control element (2).
Regarding Claim 3, Sakaki discloses said first flow control element (flow path from opening 13 to opening 14 in ball valve 2, illustrated in fig. 2) comprises a hollow sphere (2) which is accommodated rotatably and centrally in said valve body (1) at an intersection of said axes (first and second axes illustrated in ann. fig. 1); said hollow sphere (2) being directly associated with said activation means (8) for rotation thereof about said second axis (ann. fig. 1) and having three openings (13, 14, 15, see fig. 2) formed on planes which are parallel to said second axis (ann. fig. 1), two of which are mutually opposite (13 and 14, see fig. 2) and a third (15) of which is perpendicular to said mutually opposite openings (13 and 14) (see fig. 2), so as to put said first inlet (ann. fig. 1) in communication with said outlet (ann. fig. 1) in said first configuration (fig. 2) and so as to completely block said first inlet (ann. fig. 1), leaving an interior of said hollow sphere (2) in communication with said outlet (ann. fig. 1) in said second configuration (fig. 3) as a result of a rotation thereof substantially through 90° about said second axis (ann. fig. 1) with respect to said first configuration (fig. 2); said hollow sphere (2) having a fourth opening (16) formed on an opposite side with respect to said activation means (8) at right angles to said first axis (“second axis” is amended by Examiner per 112(b) stated above) in a direction of said second inlet (ann. fig. 1).
Regarding Claim 7, Sakaki discloses two centering bushings (3 left and 3 right) accommodated at said first inlet (ann. fig. 1) and at said outlet (ann. fig. 1), respectively, so as to be interposed between said hollow sphere (2) and said valve body (1).
Regarding Claim 8, Sakaki discloses said valve body (2) comprises a first shut-off fitting (5) of removable type, at said outlet (ann. fig. 1), so as to allow insertion of said hollow sphere (2) and of said centering bushings (3) in said valve body (1).
Regarding Claim 10, Sakaki discloses said activation means (8) comprise an actuation rod (8) which is engaged in said hollow sphere (2) on an opposite side with respect to said fourth opening (16); said actuation rod (8) being integral in rotation with respect to said hollow sphere (2) about said second axis (“second axis” is amended by Examiner per 112(b) stated above) and being associable with a control lever (7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daphne Barry whose telephone number is (571)272-9966 and fax number is (571) 273-9966. The examiner can normally be reached on Monday through Friday 9 AM-6 PM (eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor either Kenneth Rinehart can be reached at (571) 272-4881 or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAPHNE M BARRY/Primary Examiner, Art Unit 3753