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 5/22/2026. Applicant amended claims 1 – 2, 8 – 10, 15 – 16, cancelled claims 4 – 5, added claims 21 – 22; claims 1 – 3, 6- 22 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 1 – 3, 7 – 12, 14 – 18, 20 – 22 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent to Billet et al. (11,329,531) in view of US Patent Application Publication to Burgess et al. (2016/0138721).
Regarding claims 1, 8, and 15, Billet et al. disclose a magnetically activated rising stem valve, comprising: a shaft (11, Fig. 1) including a stopper at a first end, wherein the stopper is configured to block a pipe (25, Fig. 1) when the valve is in a closed position; a hollow cylindrical element (14, Fig. 1), including a bottom carrier surrounding a portion of the shaft; at least one inner permanent magnetic element (13, Fig. 1) surrounding and attached to a top end of the hollow cylindrical element; a valve housing (16, Fig. 1) surrounding the shaft, the hollow cylindrical element, and the at least one inner permanent magnetic element, wherein the valve housing is sealed and defines a pressure vessel of the valve; an outer magnetic cartridge surrounding a section of the valve housing around the at least one inner permanent magnetic element; and an actuator configured to activate one or more electromagnets (10, Fig. 1) in the outer magnetic cartridge; wherein actuation of the one or more electromagnets does not physically rotate the outer magnetic cartridge relative to the valve housing; wherein an exterior surface of the shaft includes threading – inherently since the shaft 11 has to move with respect to fixed nut 14; and wherein an interior surface of the bottom carrier of the hollow cylindrical element includes threading (15, Fig. 1) configured to interact – by means of the fixed nut 14 - with the threading on the exterior surface of the shaft, such that the hollow cylindrical element and the shaft are rotationally coupled rotation of the hollow cylindrical element causes the shaft to move linearly.
Billet et al. do not disclose the external threads of the shaft “matingly interact” with the internal threads of the carrier, however Burgess et al. teach a carrier (62, Fig. 10) with permanent magnets (61, Fig. 10), the shaft external threads matingly interacting with the internal threads of the carrier.
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 rotary to linear motion mechanism disclosed by Billet et al. with the mechanism taught by Burgess et al. as a simple substitution of one known element for another to obtain 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 2, 9 – 10, and 16 in the combination, Burgess et al. the threading on the exterior surface of the shaft and the threading on the interior surface of the bottom carrier are helical threading (Fig. 10).
Regarding claims 3, 11 and 17 - 18 in the combination Burgess et al. disclose the valve housing (11, Fig. 10) includes an adapter plate (11a, 11b, Fig. 10) integrally formed configured to attach the valve to the pipe with one or more attachment means.
Regarding claims 7, 14, and 20 in the combination the valve taught by Burgess et al. is used in the petrochemical application. Examiner maintains the electromagnetic external actuator disclosed by Billet et al. adapted to the valve taught by Burgess et al. to be used in the petrochemical application as a simple substitution of permanent magnets for electromagnetic actuator.
Regarding claim 21, Billet et al. disclose the actuation of the one or more electromagnets is configured to physically rotate the at least one inner permanent magnetic element and the hollow cylindrical element relative to the valve housing.
Regarding claim 22, in combination Burgess et al. teach the stopper is keyed such that the shaft and stopper (28, Fig. 10) are configured only for linear motion.
Claims 6, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent to Billet et al. (11,329,531) in view of US Patent Application Publication to Burgess et al. (2016/0138721) and in further view of US Patent to Davis (10,487,959).
Billet et al. do not disclose the shaft is part of a preexisting valve system, and the hollow cylindrical element, the valve housing, and the outer magnetic cartridge are retrofit around the shaft.
However retrofitting preexisting valves with magnetic cartridge is well known in the art as taught by Davis. Davis teaches retrofitting existing valves with magnetic actuators [para. 82].
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 adapted the magnetic actuation disclosed by Billet et al. to existing valve as per the teaching of Davis as a combination of prior art elements according to known methods to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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