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 .
Acknowledgement
Examiner acknowledges receipt of Applicant’s Amendment to the Claims and Specification (filed 3/4/2026).
The Specification (filed 3/4/2026) has been approved by the Examiner.
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 1-6 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3 401 134 B1, cited by Applicant.
Regarding claims 1-6 and 9-12, EP 3 401 134 B1 (at least Figs. 1a-5) discloses
(claim 1) a cabin levelling valve 101 comprising:
a control member 143;
a body 141;
a cover 148 attached to said body 141;
a gasket 152 mounted between said body 141 and said cover 148;
a supply port 142c;
a discharge port 142a, 142b;
at least one exhaust port 3 having a sealing member 158 configured to reduce or prevent ingress of foreign material into the cabin levelling valve 101 (at least paragraph [0044]);
said at least one exhaust port 3 further having a mounting member (at least Figs. 1a, 2) affixed to said body 141 or said cover 148 to secure said sealing member 158 to said body or said cover;
said cabin levelling valve 101 being configured to pass pressure gas received at said supply port 142c to said discharge port 142a, 142b for inflation of a pneumatic component 205a, 205b to perform a first levelling operation when said control member 143 is in a first position (at least Fig. 5); and,
said cabin levelling valve 101 being further configured to exhaust gas received from the pneumatic component 205a, 205b at said discharge port 142a, 142b through said at least one exhaust port 3 to perform a second levelling operation when said control member 143 is in a second position (at least Fig. 5);
(claim 2) wherein said mounting member (at least Figs. 1a, 2) is pushed into engagement with a mounting structure (at least Figs. 1a, 2) of said body 141 or said cover 148 to clamp said sealing member 158 between said mounting member and said body or said cover (at least Figs. 1a, 2);
(claim 3) wherein said mounting structure (at least Figs. 1a, 2) includes a mounting post (at least Figs. 1a, 2); and, said mounting member defines an opening through which said mounting post passes through said mounting member (at least Fig. 1a);
(claim 4) wherein said sealing member 158 defines a central opening through which said mounting post passes through said sealing member (at least Figs. 1a, 2);
(claim 5) wherein said mounting member (at least Figs. 1a, 2) is engaged with said body 141 or said cover 148 via a friction fit;
(claim 6) wherein said mounting member (at least Figs. 1a, 2) includes a clamping ring;
(claim 9) wherein said sealing member 158 includes a region biased against a circumferential rim formed on said body 141 or said cover 148;
(claim 10) wherein said sealing member 158 has resilient return characteristics that bias said region of said sealing member 158 against said circumferential rim (at least Figs. 1a, 2);
(claim 11) wherein said body 141 or said cover 148 includes a cylindrical section in which said sealing member 158 and said mounting member (at least Figs. 1a, 2) are arranged;
(claim 12) wherein said gasket 152 is dimensioned to abut on said body 141 and said cover 148 in a close-fitting manner; and, said gasket 152 is arranged in a recess of said cover into which a raised portion of said body projects (at least Figs. 1a, 2).
Regarding claim 13, EP 3 401 134 B1 (at least Figs. 1a-5) discloses a cabin levelling system 200 comprising:
a cabin levelling valve 101 including a control member 143, a body 141, a cover 148 attached to said body 141, a gasket 152 mounted between said body 141 and said cover 148, a supply port 142c, a discharge port 142a, 142b, and at least one exhaust port 3 having a sealing member 158 configured to reduce or prevent ingress of foreign material into said cabin levelling valve 101 (at least paragraph [0044]);
said at least one exhaust port 3 further having a mounting member (at least Figs. 1a, 2) affixed to said body 141 or said cover 148 to secure said sealing member 158 to said body or said cover;
said cabin levelling valve 101 being configured to pass pressure gas received at said supply port 142c to said discharge port 142a, 142b for inflation of a pneumatic component 205a, 205b to perform a first levelling operation when said control member 143 is in a first position (at least Fig. 5);
said cabin levelling valve 101 being further configured to exhaust gas received from the pneumatic component 205a, 205b at said discharge port 142a, 142b through said at least one exhaust port 3 to perform a second levelling operation when said control member 143 is in a second position (at least Fig. 5);
a pressure gas source 207 configured to supply the pressure gas to said supply port 142c;
at least one air bag 205a, 205b configured to inflate in the first levelling operation and to deflate in the second levelling operation (at least Fig. 5); and,
a linkage connected to said control member 143 and configured to displace said control member from a neutral position to either said first position or said second position responsive to a change in load acting on a cabin of a vehicle 300 (at least Fig. 5).
Regarding claim 14, EP 3 401 134 B1 (at least Figs. 1a-5) discloses a commercial vehicle 300 comprising:
a cabin;
the cabin levelling system 200 of claim 13;
wherein said at least one air bag 205a, 205b is configured such that inflation of said at least one air bag causes a part of said cabin to be raised and deflation of said at least one air bag causes said part of said cabin to be lowered (at least Fig. 5).
Regarding claim 15, EP 3 401 134 B1 (at least Figs. 1a-5) discloses a method of assembling a cabin levelling valve 101 having a control member 143, a body 141, a cover 148 attached to said body 141, a gasket 152 mounted between said body 141 and said cover 148, a supply port 142c, a discharge port 142a, 142b, and at least one exhaust port 3 having a sealing member 158 configured to reduce or prevent ingress of foreign material into said cabin levelling valve 101 (at least paragraph [0044]); the at least one exhaust port 3 further having a mounting member (at least Figs. 1a, 2) affixed to the body 141 or the cover 148 to secure said sealing member 158 to said body or said cover; said cabin levelling valve 101 being configured to pass pressure gas received at said supply port 142c to said discharge port 142a, 142b for inflation of a pneumatic component 205a, 205b to perform a first levelling operation when said control member 143 is in a first position (at least Fig. 5); said cabin levelling valve 101 being further configured to exhaust gas received from the pneumatic component 205a, 205b at said discharge port 142a, 142b through said at least one exhaust port 3 to perform a second levelling operation when said control member 143 is in a second position (at least Fig. 5); the method comprising:
assembling the body 101 and the cover 148; and,
mounting the sealing member 158 to the body or the cover, including securing the sealing member 158 via the mounting member that is pushed into engagement with the body or the cover to clamp the sealing member between the mounting member and the body or the cover (at least Figs. 1a, 2).
Claims 1-6 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3 401 133 B1, cited by Applicant.
Regarding claims 1-6 and 9-12, EP 3 401 133 B1 (at least Figs. 1-3) discloses
(claim 1) a cabin levelling valve 101 comprising:
a control member 143;
a body 141;
a cover 148 attached to said body 141;
a gasket 152 mounted between said body 141 and said cover 148;
a supply port 142c;
a discharge port 142a, 142b;
at least one exhaust port 3 having a sealing member 158 configured to reduce or prevent ingress of foreign material into the cabin levelling valve 101 (at least paragraph [0047]);
said at least one exhaust port 3 further having a mounting member (at least Fig. 1a) affixed to said body 141 or said cover 148 to secure said sealing member 158 to said body or said cover;
said cabin levelling valve 101 being configured to pass pressure gas received at said supply port 142c to said discharge port 142a, 142b for inflation of a pneumatic component 205a, 205b to perform a first levelling operation when said control member 143 is in a first position (at least Fig. 5); and,
said cabin levelling valve 101 being further configured to exhaust gas received from the pneumatic component 205a, 205b at said discharge port 142a, 142b through said at least one exhaust port 3 to perform a second levelling operation when said control member 143 is in a second position (at least Fig. 5);
(claim 2) wherein said mounting member (at least Fig. 1a) is pushed into engagement with a mounting structure (at least Fig. 1a) of said body 141 or said cover 148 to clamp said sealing member 158 between said mounting member and said body or said cover (at least Fig. 1a);
(claim 3) wherein said mounting structure (at least Fig. 1a) includes a mounting post (at least Fig. 1a); and, said mounting member defines an opening through which said mounting post passes through said mounting member (at least Fig. 1a);
(claim 4) wherein said sealing member 158 defines a central opening through which said mounting post passes through said sealing member (at least Fig. 1a);
(claim 5) wherein said mounting member (at least Fig. 1a) is engaged with said body 141 or said cover 148 via a friction fit;
(claim 6) wherein said mounting member (at least Fig. 1a) includes a clamping ring;
(claim 9) wherein said sealing member 158 includes a region biased against a circumferential rim formed on said body 141 or said cover 148;
(claim 10) wherein said sealing member 158 has resilient return characteristics that bias said region of said sealing member 158 against said circumferential rim (at least Fig. 1a);
(claim 11) wherein said body 141 or said cover 148 includes a cylindrical section in which said sealing member 158 and said mounting member (at least Fig. 1a) are arranged;
(claim 12) wherein said gasket 152 is dimensioned to abut on said body 141 and said cover 148 in a close-fitting manner; and, said gasket 152 is arranged in a recess of said cover into which a raised portion of said body projects (at least Fig. 1).
Regarding claim 13, EP 3 401 133 B1 (at least Figs. 1-3) discloses a cabin levelling system 200 comprising:
a cabin levelling valve 101 including a control member 143, a body 141, a cover 148 attached to said body 141, a gasket 152 mounted between said body 141 and said cover 148, a supply port 142c, a discharge port 142a, 142b, and at least one exhaust port 3 having a sealing member 158 configured to reduce or prevent ingress of foreign material into said cabin levelling valve 101 (at least paragraph [0047]);
said at least one exhaust port 3 further having a mounting member (at least Fig. 1a) affixed to said body 141 or said cover 148 to secure said sealing member 158 to said body or said cover;
said cabin levelling valve 101 being configured to pass pressure gas received at said supply port 142c to said discharge port 142a, 142b for inflation of a pneumatic component 205a, 205b to perform a first levelling operation when said control member 143 is in a first position (at least Fig. 5);
said cabin levelling valve 101 being further configured to exhaust gas received from the pneumatic component 205a, 205b at said discharge port 142a, 142b through said at least one exhaust port 3 to perform a second levelling operation when said control member 143 is in a second position (at least Fig. 5);
a pressure gas source 207 configured to supply the pressure gas to said supply port 142c;
at least one air bag 205a, 205b configured to inflate in the first levelling operation and to deflate in the second levelling operation (at least Fig. 5); and,
a linkage connected to said control member 143 and configured to displace said control member from a neutral position to either said first position or said second position responsive to a change in load acting on a cabin of a vehicle 300 (at least Fig. 5).
Regarding claim 14, EP 3 401 133 B1 (at least Figs. 1-3) discloses a commercial vehicle 300 comprising:
a cabin;
the cabin levelling system 200 of claim 13;
wherein said at least one air bag 205a, 205b is configured such that inflation of said at least one air bag causes a part of said cabin to be raised and deflation of said at least one air bag causes said part of said cabin to be lowered (at least Fig. 5).
Regarding claim 15, EP 3 401 133 B1 (at least Figs. 1-3) discloses a method of assembling a cabin levelling valve 101 having a control member 143, a body 141, a cover 148 attached to said body 141, a gasket 152 mounted between said body 141 and said cover 148, a supply port 142c, a discharge port 142a, 142b, and at least one exhaust port 3 having a sealing member 158 configured to reduce or prevent ingress of foreign material into said cabin levelling valve 101 (at least paragraph [0047]); the at least one exhaust port 3 further having a mounting member (at least Fig. 1a) affixed to the body 141 or the cover 148 to secure said sealing member 158 to said body or said cover; said cabin levelling valve 101 being configured to pass pressure gas received at said supply port 142c to said discharge port 142a, 142b for inflation of a pneumatic component 205a, 205b to perform a first levelling operation when said control member 143 is in a first position (at least Fig. 5); said cabin levelling valve 101 being further configured to exhaust gas received from the pneumatic component 205a, 205b at said discharge port 142a, 142b through said at least one exhaust port 3 to perform a second levelling operation when said control member 143 is in a second position (at least Fig. 5); the method comprising:
assembling the body 101 and the cover 148; and,
mounting the sealing member 158 to the body or the cover, including securing the sealing member 158 via the mounting member that is pushed into engagement with the body or the cover to clamp the sealing member between the mounting member and the body or the cover (at least Fig. 1a).
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.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3 401 134 B1, cited by Applicant.
Regarding claims 7 and 8, EP 3 401 134 B1 (at least Figs. 1a-5) discloses the claimed invention,
(claim 7) wherein said at least one exhaust port 3 defines a through opening extending from an inner surface to an outer surface of said body 141 or said cover 148; and, said through opening is in fluid communication with an inner cavity between said body 141 and said cover 148;
(claim 8) wherein said sealing member 158 is dimensioned to cover said through opening on said outer surface of said body 141 or said cover 148.
But EP 3 401 134 B1 (at least Figs. 1a-5) does not explicitly disclose said at least one exhaust port 3 defining a plurality of through openings.
However, providing a plurality of through openings represents a change in number, not in kind and as such, would have been obvious to one of ordinary skill in the art. In re Harza, 124 USPQ 378.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3 401 133 B1, cited by Applicant.
Regarding claims 7 and 8, EP 3 401 133 B1 (at least Figs. 1-3) discloses the claimed invention,
(claim 7) wherein said at least one exhaust port 3 defines a through opening extending from an inner surface to an outer surface of said body 141 or said cover 148; and, said through opening is in fluid communication with an inner cavity between said body 141 and said cover 148;
(claim 8) wherein said sealing member 158 is dimensioned to cover said through opening on said outer surface of said body 141 or said cover 148.
But EP 3 401 133 B1 (at least Figs. 1-3) does not explicitly disclose said at least one exhaust port 3 defining a plurality of through openings.
However, providing a plurality of through openings represents a change in number, not in kind and as such, would have been obvious to one of ordinary skill in the art. In re Harza, 124 USPQ 378.
Response to Arguments
Applicant's arguments filed 3/4/2026 have been fully considered but they are not persuasive.
In response to Applicant’s arguments, Examiner respectfully disagrees. It is the Examiner’s position that the claims are sufficiently broad that the rejections made in the Non-Final Office Action mailed 12/22/2025 and repeated above are still proper.
Conclusion
THIS ACTION IS MADE FINAL. 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 JOSELYNN Y SLITERIS whose telephone number is (571)272-6675. The examiner can normally be reached Monday-Friday 8:30am - 5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason D. Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSELYNN Y SLITERIS/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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