DETAILED ACTION
Claims 1-21 are pending.
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 .
Claim Objections
Claims 1-21 are objected to (wherein claims 3-4 and 6-21 inherit their objections due to their dependencies) because of the following informalities:
In claim 1, line 2, “valvle” should be changed to --valve--.
In claim 1, line 12, “fasteneing” should be changed to --fastening--.
In claim 1, line 13, “fastneing” should be changed to --fastening--.
In claim 1, line 15, “fatenieng” should be changed to --fastening--.
In claim 2, last line, “above above the” should be changed to --above the-- (i.e. delete one “above”).
In claim 5, line 4, “wherein second” should be changed to --wherein the second--.
In claim 5, last line, “sealsing” should be changed to --sealing--.
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, 14-19, and 21 are rejected (wherein claims 15, 8-10, and 21 inherit thei rejections due to their dependencies) 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.
In claim 6, line 6, it is unclear how “the second connecting element [97 is] of the first housing connection [96]” because the second connecting element 97 is antecedently recited as being of the second housing connection 95 and as shown in Fig. 11. As understood, “the first housing connection” should be changed to --the second housing connection--.
Claim 14 recites the limitation "the first connection" in line 3. There is insufficient antecedent basis for this limitation in the claim. As understood, the recitation refers to respective first connections of the at least two lift elements.
In claim 14, lines 2-3, it is unclear how the plurality of “lift elements are respectively connectable to [a single] first connection with a supply line 42 are connectable to a pump.” As understood, the claim refers to the embodiment shown in Fig. 6, and the recitation is meant to recite that --the lift elements are connectable via respective first connections with a supply line that is connectable to a pump--.
Claim 16 recites the limitation "the supply lines" in line 2. There is insufficient antecedent basis for this limitation in the claim. As understood, there is only one antecedently recited supply line.
In claim 17, line 2, it is unclear what “a spring element pressing against the flexible element of the lift element” refers to. As understood, the claim refers to the embodiment shown in Figs. 10-11 in which a first lift element with a flexible element (like the lift element introduced in claim 7) abuts one side of an adjuster 52, and a second lift element with a second flexible elements abuts an opposite side of the adjuster 52.
In claim 17, lines 3-6, it is unclear whether either of the first lift elements with the their respective flexible elements are different from the lift element and flexible element antecedently introduced in the lift element claimed in claim 7. As understood, the claim refers to the embodiment shown in Figs. 10-11 in which a first lift element with a flexible element (like the lift element introduced in claim 7) abuts one side of an adjuster 52, and a second lift element with a second flexible elements abuts an opposite side of the adjuster 52.
Allowable Subject Matter
Claims 1-5, 7-13, and 20 would be allowable if rewritten or amended to overcome the claim objections set forth in this Office action.
Claims 6, 14-19, and 21 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, and any claim objections 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. The prior art fails to disclose or render obvious, in combination with the other limitations recited, a valve element for selectively sealing/opening two ports, wherein the valve element comprises a base plate, two actuators that each extend from the base plate, each actuator comprises a leaf spring attached to the base plate via a respective first fastening element, and each actuator comprises a SMA wire that is attached to the base plate so as to extend between the base plate and the respective second fastening element.
Shopsky discloses in Figs. 15-17 a valve element for selectively sealing or opening two ports (through seats 44B), the valvle element comprising: a first actuator (comprising the first of the two bimetallic lever means 50B) and a second actuator (comprising the second of the two bimetallic lever means 50B); and the first actuator and the second actuator each including respectively a sealing element 48B, wherein in each of the first actuator and the second actuator: by selective activation, movement of a bimetallic metal strip 51B, 54B moves the sealing element 48B between a position to seal one of the two ports and a position to open the one of the two ports.
Wilson teaches in Fig. 19 a valve element comprising an actuator including a sealing element (comprising the elastic sealing element of the valve member 1508 that selectively abuts the seat 1506), an SMA bar 1510, a return spring 1512, a first fastening element (comprising the unlabeled structure to which the ends of the spring 1512 and SMA bar 1510 are fixed opposite from the valve element 1508), and a second fastening element (comprising the rigid portion of the valve member 1508 on which the elastic sealing element is disposed to selectively abut the seat 1506), the return spring 1512 is a leaf spring 1512 (because the spring 1512 is a flat sheet, as one having ordinary skill in the art would recognize from the disclosure of it being a “blade spring 1512”) attached to the first fastening element, the second fastening element is attached to the return spring 1512 distally of the first fastening element, the SMA bar 1510 is attached to the second fastening element, the sealing element is attached to the return spring 1512 so that, by selective activation of the SMA bar 1510, movement of the return spring 1512 moves the sealing element between a position to seal the port 1504 and a position to open the port 1504.
Shopsky and Wilson lack the valve element comprising a base plate from which the first and second actuators extend, to which the leaf spring of each actuator is attached via the respective first fastening element, and to which a SMA wire of each actuator is attached so as to extend between the base plate and the respective second fastening element, and wherein the SMA wire is selectively activated to move the return spring and sealing element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Jonathan Waddy, whose telephone number is 571-270-3146. The examiner can normally be reached on Monday-Friday (10:00AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. 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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/J. W./
Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753