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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “lantern” recited in claim(s) 1, 3, 4, 5, 14 and 28, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “?” has been used to designate both ? and ?.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 Objections
Claims 2, 8, 14, 20 and 22 are objected to because of the following informalities:
In claim 2, line 3, the recitation “a fluid collection chamber” should read –[[a]]the fluid collection chamber--.
In claim 8, line 2, the recitation “a annular cavity” should read –an annular cavity--.
In claim 14, line 1, the recitation “The adapter insert” should read –[[The]]An adapter insert--.
In claim 20, line 2, the recitation “an axial direction of the sleeve-shaped body” should read –[[an]]the axial direction of the sleeve-shaped body--.
In claim 22, line 2, the recitation “the outside” should read –[[the]]an outside--.
In claim 22, lines 2-3, the recitation “the inner side” should read –[[the]]an inner side--.
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.
Claims 6, 11 and 21-24 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 6 recites the limitation “the connection piece” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation “the fluid passage channel” in line 2; however, the claim is unclear as to whether this recitation refers to one, some or all of the “at least one fluid passage channel” recited in claim 11, lines 1-2.
Claim 21 recites the limitation “the inner sleeve” in line 2; however, it is unclear as to if this recitation refers to one, some or all of the “at least one inner sleeve” recited in claim 18, line 6.
Claim 21 further recites the limitation “the at least one outer sleeve” in line 4; however, the claim is unclear as to if this recitation refers to the “outer sleeve” in claim 18, line 7, or different element(s) therefrom.
Similarly, claims 22-24 recite the limitation “the at least one outer sleeve” and are rejected for the same reason as claim 21, above.
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.
(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, 3-5, 7-15, 18-22 and 24-29, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US6131612 (“Beurskens”).
Regarding claim 1, Beurskens discloses (see mainly figs. 7 and 8) an adapter insert for a control valve of a process plant for forming a steam converter, the adapter insert comprising:
an insert body (see body defining channel 40) with a distance extension section (see annotated fig. 7, below) configured to be arranged between a valve housing (1) and a housing cover (see annotated fig. 7, below) or between the valve housing and a lantern of the control valve, wherein:
the distance extension section comprises a fluid inlet connection opening (see annotated fig. 7, below), which, in an assembled state of the adapter insert, is located at least sectionally between the valve housing and the housing cover (see fig. 7) or between the valve housing and the lantern of the control valve; and
the insert body forms a fluid collection chamber (see annotated fig. 7, below) which, in the assembled state of the adapter insert, extends at least sectionally between the valve housing and the housing cover or the valve housing and the lantern of the control valve.
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Regarding claim 3, Beurskens discloses the distance extension section (see annotated fig. 7, above) has a coupling surface (clamped surface(s); see annotated fig. 7, above) which is formed complementary in shape to the valve housing (1) and another coupling surface (bottom surface of “housing cover” relative to the orientation of annotated fig. 7, above), which is formed complementary in shape to the housing cover or the lantern, wherein the fluid inlet connection opening (see annotated fig. 7, above) is located between the coupling surfaces.
Regarding claim 4, Beurskens discloses the distance extension section (see annotated fig. 7, above) being configured to create a spacing between the valve housing (1) and the housing cover (see annotated fig. 7, above) or the valve housing and the lantern, the spacing being matched to a size of a connection piece (see annotated fig. 7, above) and/or a fluid supply device.
Regarding claim 5, Beurskens discloses the fluid inlet connection opening (see annotated fig. 7, above) is alignable by rotating the adapter insert (see annotated fig. 7, above) and/or the insert body during assembly (the “insert body” can be rotated before assembly, since fasteners do not extend through the “insert body”, see annotated fig. 7 above).
Regarding claim 7, Beurskens discloses the fluid collection chamber (see annotated fig. 7, above) extends in the circumferential direction (“fluid collection chamber” circumscribes valve rod 11; see annotated fig. 7) of the adapter insert around a stroke axis (11a) and/or a valve rod (11) of the control valve.
Regarding claim 8, Beurskens discloses the fluid collection chamber (see annotated fig. 7, above) is formed as a annular cavity (circumscribing valve rod 11).
Regarding claim 9, Beurskens discloses the fluid collection chamber (see annotated fig. 7, above) is completely enclosed by the insert body (see annotated fig. 7, above).
Regarding claim 10, Beurskens discloses the fluid collecting chamber (see annotated fig. 7, above) has a base surface (bottom surface of “fluid collecting chamber”, see detail in fig. 8) for collecting fluid which is uniformly planar and/or flat (see planar annular bottom surface of “fluid collecting chamber” in annotated fig. 7, above, and further detail in fig. 8), the base surface being formed at a deepest region (bottom region, relative to the orientation of figs. 7 and 8) of the fluid collecting chamber.
Regarding claim 11, Beurskens discloses the insert body (see annotated fig. 7, above) comprises at least one fluid passage channel (mainly defined by 38, 38a and 39) which leads into the fluid collection chamber (see annotated fig. 8, above), the fluid passage channel at least sectionally having a bent, inclined, and/or curved course (channel defined by 38, 38a and 39 in fig. 8).
Regarding claim 12, Beurskens discloses a fluid collection chamber limiting element (walls, which enclose the “fluid collection chamber”, see annotated fig. 7, above) configured to define a dimension, a shape, and/or a cross-section of the fluid collection chamber (see annotated fig. 7, above).
Regarding claim 13, Beurskens discloses the fluid collection chamber (see annotated fig. 7, above) is integrally formed with the insert body (see annotated fig. 7, above) by three-dimensional printing. With regards to recitations pertaining to the method of manufacturing and/or assembly (e.g., “three-dimensional printing”), "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 14, Beurskens discloses the adapter insert for a control valve of a process plant for forming a steam converter, the adapter insert comprising:
an insert body (see annotated fig. 7, above) comprising:
a distance extension section (portion clamped between “housing cover” and valve housing 1 in annotated fig. 7, above) configured to be arranged between a valve housing (1) and a housing cover (see annotated fig. 7, above) or between the valve housing and a lantern of the control valve,
at least one fluid passage channel (defined mainly by 38, 38a and 39) which extends from a fluid collecting chamber (see annotated fig. 7, above) to at least one inlet opening (37) of a flow regulating element (34) configured to distribute fluid.
Regarding claim 15, Beurskens discloses the flow regulating element (34) is connected to the insert body (see annotated fig. 7, above), the at least one fluid passage channel (defined mainly by 38, 38a and 39) extending from a deepest region (bottom region, relative to the orientation of fig. 7) of the fluid collecting chamber (see annotated fig. 7, above) to the at least one inlet opening (37).
Regarding claim 18, Beurskens discloses (see figs. 7 and 8) a flow regulating element for connection with an adapter insert for a control valve of a process plant for forming a steam converter, the flow regulating element comprising:
a sleeve-shaped body (34) configured to distribute fluid with at least one fluid distribution channel (37 and 38), wherein the at least one fluid distribution channel extends at least partially in an axial direction (radial direction) of the sleeve-shaped body and leads into at least one throttle channel (defined mainly by 38a and/or 39), and wherein the sleeve-shaped body comprises at least two sleeves (see cross-section of fig. 8) with at least one inner sleeve and an outer sleeve surrounding the at least one inner sleeve.
Regarding claim 19, Beurskens discloses the fluid distribution channel (37 and 38) fluidically connects several throttle channels (39) with one another.
Regarding claim 20, Beurskens discloses a plurality of fluid distribution channels (37 and 38) extending in an axial direction (radial direction) of the sleeve-shaped body (34), the plurality of fluid distribution channels being uniformly distributed and/or spaced apart in a circumferential direction of the sleeve-shaped body (see fig. 7).
Regarding claim 21, Beurskens discloses the at least one fluid distribution channel (37 and 38) extends between the inner sleeve and the outer sleeve (channels 37 and 38 allow communication through all sleeves of member 34), the at least one fluid distribution channel being formed and/or delimited by the at least one inner sleeve and/or the at least one outer sleeve.
Regarding claim 22. The flow regulating element according to claim 18, wherein the at least one fluid distribution channel (37 and 38) is formed on the outside of the at least one inner sleeve and/or on the inner side of the at least one outer sleeve (channel 8 is formed along an exterior of member 34 and channels 37 extend through all of inner and outer sleeves of member 34), the at least one fluid distribution channel being formed as a recess (channel 38 is recessed on a radial exterior of member 34) or cutout (channels 37 are bores or holes extending through member 34).
Regarding claim 24, Beurskens discloses the at least one inner sleeve (one of radially inner sleeves of member 34) and the at least one outer sleeve (one of radially outer sleeves of member 34) are fixable or are fixed to one another in the axial direction (see assembly detail of fig. 8).
Regarding claim 25, Beurskens discloses (see figs. 7 and 8) a steam converter for a control valve of a process plant, the steam converter comprising:
an adapter insert (see annotated fig. 7, below); and
a flow regulating element (34) connected thereto, the flow regulating element comprising a sleeve-shaped body configured to distribute fluid with at least one fluid distribution channel (37), wherein the at least one fluid distribution channel extends at least partially in an axial direction (radial direction) of the sleeve-shaped body and leads into at least one throttle channel (mainly defined by 38 and 38a), and wherein the sleeve-shaped body comprises at least two sleeves (see cross-section of fig. 8) with at least one inner sleeve and an outer sleeve surrounding the at least one inner sleeve.
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Regarding claim 26, Beurskens discloses the adapter insert (see annotated fig. 7, above) and the flow regulating element (34) are formed in one piece and/or in layers (see layers through which openings 37 extend in detail of fig. 8).
Regarding claim 27, Beurskens discloses (see figs. 7 and 8) a control valve of a process plant, comprising:
a valve housing (1) with an inlet opening (3) and an outlet opening (4), and a passage opening (opening defined by seat 31a) arranged therebetween; and
a housing cover (see annotated fig. 7, above) with a through-opening (opening through which valve rod 11 extends) arranged opposite the passage opening, wherein the control valve further comprises:
an adapter insert (see annotated fig. 7, above);
a flow regulating element (34) comprising a sleeve-shaped body configured to distribute fluid with at least one fluid distribution channel (37), wherein the at least one fluid distribution channel extends at least partially in an axial direction (radial direction) of the sleeve-shaped body and leads into at least one throttle channel (mainly defined by 38 and 38a), and wherein the sleeve-shaped body comprises at least two sleeves (see cross-section of fig. 8) with at least one inner sleeve and an outer sleeve surrounding the at least one inner sleeve; and/or
a steam converter comprising the adapter insert and the flow regulating element (34) connected to the adapter insert (see fig. 8).
Regarding claim 28, Beurskens discloses a fluid supply device and/or a connection piece (see annotated fig. 7, above) extends between the valve housing (1) and the housing cover (see annotated fig. 7, above) or the valve housing and the lantern of the control valve, wherein the fluid supply device and/or the connection piece are rotatable and/or alignable during assembly by the adapter insert (the “adapter insert” with the “connection piece” can be rotated before assembly, since fasteners do not extend through the “insert body”, see annotated fig. 7 above).
Regarding claim 29, Beurskens discloses the fluid inlet connection opening (see annotated fig. 7, above) and the at least one fluid passage channel (defined mainly by 38, 38a and 39) lead into the fluid collection chamber (see annotated fig. 7, above).
Claims 14-17, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US4366833 (“Grotloh”).
Regarding claim 14, Grotloh discloses the adapter insert for a control valve (1) of a process plant for forming a steam converter, the adapter insert comprising:
an insert body (6) comprising:
a distance extension section (section clamped by fasteners 10) configured to be arranged between a valve housing (2) and a housing cover (11 & 12) or between the valve housing and a lantern of the control valve,
at least one fluid passage channel (42) which extends from a fluid collecting chamber (50) to at least one inlet opening (38) of a flow regulating element (30) configured to distribute fluid.
Regarding claim 15, Grotloh discloses the flow regulating element (30) is connected to the insert body (6), the at least one fluid passage channel (42) extending from a deepest region (bottom region, relative to the orientation of fig. 1) of the fluid collecting chamber (50) to the at least one inlet opening (38).
Regarding claim 16, Grotloh discloses the insert body (6) has one or more clamping surfaces (surfaces of member 6, which abut member 30) configured to clamp the flow regulating element (30) between the insert body (6) and a valve seat (18) of the control valve.
Regarding claim 17, Grotloh discloses the adapter insert (mainly defined by 6) is formed in one piece (see fig. 1) and/or in layers, and/or is produced in one piece, the adapter insert and/or the insert body being rotationally symmetrical (outer surface of member 6 a surface of a solid of revolution).
Claims 1 and 2, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN108561573 (“Huang”).
Regarding claim 1, Huang discloses an adapter insert for a control valve of a process plant for forming a steam converter, the adapter insert comprising:
an insert body (3) with a distance extension section (section extending between members 2 and 4) configured to be arranged between a valve housing (mainly defined by 1 and 2) and a housing cover (4) or between the valve housing and a lantern of the control valve, wherein:
the distance extension section comprises a fluid inlet connection opening (opening connected to fitting 5), which, in an assembled state of the adapter insert, is located at least sectionally between the valve housing and the housing cover or between the valve housing and the lantern of the control valve (see fig. 1); and
the insert body forms a fluid collection chamber (30) which, in the assembled state of the adapter insert, extends at least sectionally between the valve housing and the housing cover or the valve housing and the lantern of the control valve.
Regarding claim 2, Huang discloses the fluid inlet connection opening (opening connected to fitting 5) extends completely through the distance extension section (extends completely through a circumferential wall of member 3), the fluid inlet connection opening leading into a fluid collection chamber (30).
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.
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Beurskens, as applied to claim 1 above, in view of engineering expedient.
Regarding claim 6, Beurskens discloses the distance extension section (see annotated fig. 7, below) being configured and/or dimensioned, in the assembled state of the adapter insert, to form a spacing (spacing between “housing cover” and valve housing 1) between the valve housing and the housing cover or the valve housing and a diameter (see internal diameter of the “connection piece” in annotated fig. 7, below) of the connection piece.
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Beurskens is silent to the spacing being in a range of at least approximately 2 times the diameter of the connection piece.
However, Beurskens illustrates (see annotated cropping of fig. 7, below) the spacing being approximately three times the diameter of the connection piece. Additionally, one having ordinary skill in the art at the time of filing of the invention would know to dimension the spacing to be sufficient to connect or disconnect the connection piece for maintenance, while avoiding excessively large spacing dimension to optimize device weight.
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It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Beurskens by configuring the spacing to be in a range of at least approximately 2 times a diameter of the connection piece, to allow for sufficient room for assembly and disassembly of the connection piece for maintenance.
Allowable Subject Matter
Claim 23 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 23, the closest prior art does not disclose or render obvious the flow-regulating element, wherein the at least one inner sleeve and/or the at least one outer sleeve each have one or more throttle channels, wherein at least one throttle channel of the at least one inner sleeve is arranged offset with respect to at least one throttle channel of the at least one outer sleeve or vice versa, in combination with the limitations of the base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO2021/080489 and US3732851 discloses a valve having an adapter insert for introducing water into a steam flow.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hailey K. Do whose direct telephone number is (571)270-3458 and direct fax number is (571)270-4458. The examiner can normally be reached on Monday-Thursday (8:00AM-5:00PM ET) and Friday (8:00AM-12:00PM ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Kenneth Rinehart at 571-272-4881, or Craig M. Schneider 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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/HAILEY K. DO/Primary Examiner, Art Unit 3753