DETAILED ACTION
Claims 16-35 were filed with the preliminary amendment dated 03/06/2025. Claims 1-15 were canceled.
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 (IDS) submitted on 01/18/2025, 06/26/2025, and 12/29/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Reference numeral 330 is listed in the specification at para [0080], but is not in the drawings.
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. 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 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.
Claims 16-22, 25, and 27- 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. No. 2,669,252 (“Farris”).
With regard to claim 16, Farris discloses a method of retrofitting a valve (valve 10) (method is inherent in apparatus disclosed in Figs 1-2), the method comprising: providing a diaphragm assembly (13/20) including a disc guide (bottom 13, see annotated Fig 2), a bonnet adapter (top 13, see annotated Fig 2) (NOTE: Farris discloses 13 as being an “auxiliary body,” but clearly shows 13 as two separate components as seen by the different cross-hatching for the bottom portion/below diaphragm 20 and top portion, also emphasized by solid line between the two components radially outward from left side of diaphragm in Fig 2), and a diaphragm (20) (col. 3, line 74); and installing the diaphragm assembly (13/20) between a bonnet portion (12) and a valve body portion (11) of the valve (10) by: clamping the bonnet adapter (top 13) between the diaphragm (20) and the bonnet portion (12) (see annotated Fig 2); and clamping an outer edge of the diaphragm (20) between the disc guide (bottom 13) and the bonnet adapter (top 13) (see annotated fig 2).
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With regard to claim 17, Farris discloses arranging a disc holder (27, col. 4, lines 20-21) (27 is considered to be a disc holder, such as that of the stem portion of Fig 6A of the application – disc holder 308) through a portion of the disc guide (bottom 13), the disc holder (27) being configured to move relative to an inlet nozzle (23, col. 4, lines 3-8, see Fig 1) of the valve (10) to permit or restrict flow from the inlet nozzle (23) to an outlet (16, col. 3, lines 68-70) of the valve (10).
With regard to claim 18, Farris discloses clamping a central portion of the diaphragm (2) between a piston plate (plate 36) arranged around the disc holder (27) and a spacer (plate 37) arranged around the disc holder (27) (see col. 4, lines 16-24 and Fig 2).
With regard to claim 19, Farris discloses advancing a fastener (nut 75) (col. 5, lines 25-26) along the disc holder (27) to urge (75 presses against 36, see Fig 2) the piston plate (36) toward the spacer (37); and clamping the central portion of the diaphragm (20) between the piston plate (36) and the spacer (37) to secure the central portion of the diaphragm (20) to the disc holder (27) (see Fig 2).
With regard to claim 20, Farris discloses that the diaphragm (20) is flexible (“flexible diaphragm” col. 3, line 74) and wherein the central portion of the diaphragm (20) moves with the disc holder (27; col. 4, lines 18-24).
With regard to claim 21, Farris discloses that the piston plate (36) limits deformation of the central portion of the diaphragm (20) (limits deformation because the plate prevents deformation of the diaphragm at the location 36 is touching, see Fig 2).
With regard to claim 22, Farris discloses forming, via installation of the diaphragm assembly (20/13), a diaphragm chamber (22) between (22 is axially between 20 and 12) the diaphragm (20) and the bonnet portion (12) of the valve (10) (see Fig 2).
With regard to claim 25, Farris discloses that the diaphragm (20) is installed on an opposite side of the disc guide (bottom 13) from an inlet nozzle (23) of the valve (diaphragm 20 is above disc guide bottom 13 and inlet nozzle 23 is below it, see Fig 1).
With regard to claim 27, Farris discloses that the diaphragm chamber (22) is fluidly isolated from an inlet nozzle (23) of the valve (isolated via diaphragm 20 and seals at 31 shown in Fig 2, and by closing of seat at 24).
With regard to claim 28, Farris discloses that the diaphragm (20) includes an annular section (see curved portion in annotated Fig 2) that extends in an axial direction (extends upward) away from the disc guide (bottom 13) and is positioned, in a radial direction, between the outer edge and a central portion of the diaphragm (20) (see annotated fig 2).
With regard to claim 29, Farris discloses that the valve (10) is a pressure relief valve (col. 1, lines 1-7).
With regard to claim 30, Farris discloses a diaphragm assembly (13/20) for retrofitting a valve (10). The phrase “for retrofitting a valve” is a statement of intended use and the preamble and not given patentable weight (intended use of an apparatus does not differentiate the apparatus claim from the prior art. See MPEP 2114). The diaphragm assembly comprising: a disc guide (bottom 13); a bonnet adapter (top 13) (NOTE: Farris discloses 13 as being an “auxiliary body,” but clearly shows 13 as two separate components as seen by the different cross-hatching for the bottom portion/below diaphragm 20 and top portion, also emphasized by solid line between the two components radially outward from left side of diaphragm in Fig 2),; and a diaphragm (20); the diaphragm assembly configured to be installed between a bonnet portion (12) and a valve body portion (11) of the valve (10) by: clamping the bonnet adapter (top 13) between the diaphragm (20) and the bonnet portion (12) (see Fig 2); and clamping an outer edge of the diaphragm (20) between the disc guide (bottom 13) and the bonnet adapter (top 13) (see annotated fig 2).
With regard to claim 31, Farris discloses a disc holder (27, col. 4, lines 20-21) (27 is considered to be a disc holder, such as that of the stem portion of Fig 6A of the application – disc holder 308) arranged through a portion of the disc guide (bottom 13, see Fig 2), the disc holder (27) being configured to move relative to an inlet nozzle (23, col. 4, lines 3-8) of the valve (10) to permit or restrict flow from the inlet nozzle (23) to an outlet (16, col. 3, lines 68-70) of the valve (10).
With regard to claim 32, Farris discloses that the diaphragm (20) includes a central portion clamped between a piston plate (36) arranged around the disc holder (27) and a spacer (37) arranged around the disc holder (27).
With regard to claim 33, Farris discloses that the diaphragm (20) includes an annular section (see curved section in annotated Fig 2) that extends in an axial direction away (extends upwards) from the disc guide (bottom 13) and is positioned, in a radial direction, between the outer edge and a central portion of the diaphragm (20) (see annotated Fig 2).
With regard to claim 34, Farris discloses a diaphragm chamber (22) formed between (22 is axially between 20 and 12) the diaphragm (20) and the bonnet portion (12) of the valve.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 23 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 2,669,252 (“Farris”) in view of U.S. Pat. Pub. No. 2020/0271236 (“Meshaikhis”).
With regard to claim 23, Farris discloses all the claimed features with the exception of disclosing installing a pressure sensor in fluid communication with the diaphragm chamber to monitor pressure in the diaphragm chamber.
Meshaikhis teaches that it is known in the art to modify a pressure relief valve, similar to that of Farris, to include a pressure sensor (242 via vent 218) installed in fluid communication with a chamber (chamber above 226/234) to monitor the pressure in the chamber (see paras [0027] [0029]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add a pressure sensor, such as taught by Meshaikhis, in the diaphragm chamber of Farris for the purpose of providing an indication of the status of the valve (see para [0027] of Meshaikhis).
With regard to claim 35, Farris discloses all the claimed features with the exception of disclosing a pressure sensor in fluid communication with the diaphragm chamber to monitor pressure in the diaphragm chamber.
Meshaikhis teaches that it is known in the art to modify a pressure relief valve, similar to that of Farris, to include a pressure sensor (242 via vent 218) in fluid communication with a chamber (chamber above 226/234) to monitor pressure in the chamber (see paras [0027] [0029]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add a pressure sensor, such as taught by Meshaikhis, in the diaphragm chamber of Farris for the purpose of providing an indication of the status of the valve (see para [0027] of Meshaikhis: “The pressure at the bonnet vent 218 provides an indication of the status of the pressure relief valve”).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 2,669,252 (“Farris”) in view of GB 708265 (“India Rubber”).
With regard to claim 24, Farris discloses all the claimed features with the exception of disclosing before installing the diaphragm assembly, removing a bellows from within the valve.
India Rubber discloses a safety valve with a bellows (20). India teaches that the bellows may be replaced by a diaphragm (see Abstract).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to remove a bellows, such as taught by India Rubber, in the system of Farris before insert the diaphragm assembly of Farris for the purpose of providing the valve system with a diaphragm assembly since the fluid control assemblies (bellows and diaphragm assemblies) are known equivalents and the use of which would be known to one of ordinary skill in the art (see also India Rubber at Abstract).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 2,669,252 (“Farris”) in view of U.S. Pat. No. 2,074,268 (“Lowe”).
With regard to claim 26, Farris discloses all the claimed features with the exception of disclosing that the piston plate has a diameter that is larger than a diameter of the spacer.
Lowe teaches that it is known in the art to modify a pressure relief valve with a diaphragm (30), piston plate (31), and spacer (39), similar to Farris, to include a piston plate (31) that has a diameter larger than the diameter of the spacer (39) (see Fig 1).
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Applicant has not disclosed that having the piston plate have a diameter larger than a diameter of the spacer solves any stated problem or is for any particular purpose. Rather, the specification is completely silent as to the relative diameters of the piston plate and spacer.
Accordingly, it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to make the diameter of the piston plate of Farris larger than the diameter of the spacer as taught by Lowe because the diameters do not appear to provide any unexpected results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. DE212857 discloses a valve with a diaphragm clamped between a bonnet adapter (14) and disc guide (14’).
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/JESSICA CAHILL/Primary Examiner, Art Unit 3753