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 claims filed 12/20/2024. Claims 1 – 8 are pending in this application.
Claim Objections
Claim 1 is objected to because of the following informalities: “at least one fluid inlet and one, at least one fluid outlet … at least one least one outlet” should read ““at least one fluid inlet and [[one,]] at least one fluid outlet … at least one .
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 4 and 7 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.
Regarding claims 4 and 7, the phrase “optionally” renders the claim indefinite because it is unclear whether a manual control element is required. Claims 4 and 7 include the phrase “optionally a manual control element extending outwardly from the valve body and which may be used to position or reposition the spool within the valve body”. The phrase “optionally” makes it unclear whether the claim requires the claimed manual control element extending outwardly from the valve body and which may be used to position or reposition the spool within the valve body. Therefore, the use of the phrase “optonally” renders the claim indefinite.
Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of a claim. In those instances where it is not clear whether the claimed narrower range is a limitation, a rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph should be made. See MPEP 2173.05(d).
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 – 3, 5 – 6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent to Qiu et al. (11,402,012).
Regarding claim 1, Qiu et al. disclose a heat responsive control valve (Fig. 4) comprising a valve body (10, Fig. 4) having a spool (11, Fig. 4) slidably positioned within an interior hollow cavity of the valve body (10, Fig. 4), the valve body having at least one fluid inlet (10c, Fig. 4), at least one fluid outlet (10a, 10b, Fig. 4) , the spool (11, Fig. 4) having at least one fluid inlet, a fluid cavity and at least one outlet in a side wall thereof, and a heat responsive element comprises or consists of a heat responsive shape-memory metal alloy (12, Fig. 4) which operates to control the relative position of the spool (11, Fig. 4) within the valve body, wherein the heat responsive control valve may be configured to assume a first position wherein a sidewall of the spool obscures and seals the at least one fluid outlet (10a, Fig. 4) of the valve body , and may be configured to assume a second position wherein the at least one outlet (10a, Fig. 5) of the spool provides for passage of the fluid from its fluid cavity outward through the at least one fluid outlet of the valve body, and wherein the heat responsive control valve, induces slideable displacement of the spool within the interior hollow of the valve body.
Regarding claim 2, Qiu et al. disclose movement of the spool (11, Fig. 4) is primarily controlled by the linear dimension of the heat responsive element (12, Fig. 4), which depending upon the temperature of the heat responsive element, assumes either an austenite phase configuration and concurrently an expanded linear direction when at or above a target temperature, but concurrently assumes a martensite phase configuration at below the target temperature and a decreased linear dimension (Col. 5, Lines 33 – 46).
Regarding claim 3, Qiu et al. disclose the heat responsive element (12, Fig. 4) is in the form of a helical coil.
Regarding claim 5, Qiu et al. disclose the control valve comprises both a first fluid outlet (10a, Fig 4) and a second fluid outlet (10b, Fig. 4) , and wherein the heat responsive control valve may be configured to assume a first position wherein a sidewall of the spool obscures and seals the at least one fluid outlet of the valve body but allows for fluid to pass out of the fluid cavity of the spool and outwardly through at least one fluid outlet of the valve body (Fig. 4), and may be configured to a second position wherein the at least one outlet of the spool provides for passage of the fluid from its fluid cavity outward through both the first fluid outlet and a second fluid outlet of the valve body (Fig. 5).
Regarding claim 6, Qiu et al. disclose the movement of the spool (11, Fig. 4) is primarily controlled by the linear dimension of the heat responsive element (12, Fig. 4), in the form of a helical coil, which depending upon the temperature of the heat responsive element, assumes either an austenite phase configuration and concurrently an expanded linear direction when at or above a target temperature, but concurrently assumes a martensite phase configuration at below the target temperature and a decreased linear dimension (Col. 5, Lines 33 – 46).
Regarding claim 8, Qiu et al. disclose providing the heat responsive control valve according to claim 1 to a further apparatus – motor vehicle - requiring fluid flow control, operating the heat responsive control valve to control the flow of a fluid therethrough.
Allowable Subject Matter
Claims 4 and 7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication to Kim et al. (2013/0327287) and US Patent to Zou et al. (10,473,209) both disclosing thermally responsive valves.
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/UMASHANKAR VENKATESAN/
Primary Examiner, Art Unit 3753