Prosecution Insights
Last updated: April 19, 2026
Application No. 19/075,480

VARIABLE ORIFICE FLOW DEVICES FOR CONSTANT FLOW FLOWLINES

Non-Final OA §102§103§112
Filed
Mar 10, 2025
Examiner
HTAY, AYE SU MON
Art Unit
3745
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
ExxonMobil
OA Round
2 (Non-Final)
67%
Grant Probability
Favorable
2-3
OA Rounds
3y 4m
To Grant
96%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
238 granted / 355 resolved
-3.0% vs TC avg
Strong +28% interview lift
Without
With
+28.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
27 currently pending
Career history
382
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
40.5%
+0.5% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
27.1%
-12.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 355 resolved cases

Office Action

§102 §103 §112
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 . Response to Arguments Applicant’s arguments with respect to independent claims 1, 10, and 18 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. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 18-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In Claim 18, the claim verbiage “the variable orifice flow device is actuatable between a fully closed position, where an open orifice is defined in the variable orifice flow device to allow the fluid to circulate through the flow path at a first non-zero flow rate” includes new claim subject matter that is not fully supported in the Applicant’s Original Disclosure. The Applicant’s Original Specification does not disclose the first non-zero flow rate. The Applicant’s Original Specification Paragraph 0029 discloses “Consequently, as used herein, the phrase "fully closed position" refers to a position of the adjustable valve member 208 where a small amount (i.e., a first flow rate) of fluid is able to flow, migrate, or otherwise leak past the adjustable valve member 208.” It is not inherent that a first flow rate is a “non-zero” flow rate. Thus, Claim 18 is considered to contain new claim subject matter which is not fully disclosed in the Applicant’s Original Disclosure. Claims 19-20 are rejected as being dependent on a rejected claim. 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. 39 Claims 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fonfara et al. (EP 1643823, hereinafter: “Fonfara”). In reference to Claim 18 Fonfara discloses: A mechanical system, comprising: a flowline (flowline of fluid as shown in the annotated Figure 2 of Fonfara) through which a fluid is circulated; and a variable orifice flow device (11 controllable valve) arranged in the flowline and providing a valve body (37 valve body) that includes an inlet port, an outlet port, and a flow path (flow path as shown by flow line in annotated Figure 2 of Fonfara) extending between the inlet and outlet ports (as shown in the annotated Figure 2 of Fonfara), wherein the variable orifice flow device is actuatable between a fully closed position (closed position as shown in Figure 2 of Fonfara), where an open orifice (25a and 41a notch) is defined in the variable orifice flow device to allow the fluid to circulate through the flow path at a first non-zero flow rate, and an open position (open position as shown in Figure 3 of Fonfara), where the fluid circulates through the flow path at a second flow rate greater than the first flow rate. (Page 1-8 of the English Translation of Fonfara; Fig. 1-3). (Page 6 of English Translation of Fonfara) In its "closed position" shown in FIG. 2, the piston 27 is fixed by means of a resilient engagement element 31, which is held coaxially on the outer circumference of the thermostatic element 21. The fixing takes place by means of an annular region 33 of the resilient engagement element 31, which engages in a circumferential groove 35 in the outer circumference of the piston 27. In its "closed position" is a valve body 37 which is held substantially close to the front end of the piston 27, with its frontal peripheral surface on the valve seat 39, which is formed by the front end face of the receiving element 19. As a result, the frontal opening of the longitudinal grooves 25 in the outer periphery of the receiving element 19 is sealed in each case to a remaining residual cross-sectional area. This residual cross-sectional area defines the leakage flow rate of the control valve 11 in its "closed position". The valve body 37 can, as shown in Fig. 2, be formed substantially disc-like, wherein its outer diameter is chosen so that the predetermined residual cross-section of the frontal opening 25a of the longitudinal grooves 25 results, which extends in the radial direction to the outer periphery of the receiving element 19, which has a larger diameter than the valve body 37. PNG media_image1.png 670 1197 media_image1.png Greyscale Figure 1: Annotated Figure 2 of Fonfara. In reference to Claim 19 Fonfara discloses: The mechanical system of claim 18, wherein the variable orifice flow device (11 controllable valve) further includes: an adjustable valve member (27 piston) movably positioned within the valve body and having opposing first (end near 27) and second (end near 21) ends; and a head (37) provided at the first end and engageable with a seating surface (39 surface) defined by the valve body within the flow path, wherein, when the variable orifice flow device is in the fully closed position (as shown in Figure 2), the head engages the seating surface to define the open orifice within the flow path. (Page 6 of English Translation of Fonfara; Fig. 2). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-7, and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Read (US 2385730) in view of Fonfara et al. (EP 1643823, hereinafter: “Fonfara”). In reference to Claim 1 Read discloses: A pump, comprising: a casing; an inlet (24) that receives a process fluid into the casing; an outlet (18) that discharges the process fluid from the casing; an impeller (26) rotatably arranged within the casing; a mechanical seal (seal created at 54, 56) arranged within the casing (10, 12, 14); a flowline (flow line from 24 to18) in fluid communication with the mechanical seal to circulate a flush and cooling fluid to or from the mechanical seal; and a variable orifice flow device (opening at 56) arranged in the flowline and actuatable between a fully closed position (valve 54 closes intake opening 24), where an open orifice is defined in the variable orifice flow device and allows the flush and cooling fluid to circulate through the variable orifice flow device at a first flow rate, and an open position (valve 54 opens the intake opening 24), where the flush and cooling fluid circulates through the variable orifice flow device at a second flow rate greater than the first flow rate since the valve (54) closes when the pressure fluid is relived in the inlet (24). Therefore, the second flow rate at which opens the valve 54 is greater than the first flow rate at which the valve 54 closes.(Page 1-2; Fig. 1-2). Read discloses the fluid is conveyed from the mechanical seal to the inlet. (Page 1-2; Fig. 1-2). (Page 1, Col. 2, ll. 17-27, Read) Valve 54 functions as a check valve to maintain the pump primed at all times so as to eliminate the necessity for outside check valves and foot valves. The valve is forced back against its seat 56 by the head water in the discharge line and in the pumping system when the pump is shut down. Spring 62 acts as an aid in closing the valve. When the pump is set in operation, the valve 54 is forced back from the seat 58 by the incoming water flowing through the inlet opening 24. (Page 2, Col. 2, ll. 14-19, Read) …a valve coaxial with the shaft and impeller and formed with a stem, the shaft having a bore receiving the stem and a spring for urging the valve into closing position with respect to the inlet when pressure of fluid is relieved in the inlet. Read is silent on an open orifice is defined in the variable orifice flow device and allows the flush and cooling fluid to circulate through the variable orifice flow device at a first flow rate. Fonfara teaches: A pump having a mechanical system, comprising: a flowline (flowline of fluid as shown in the annotated Figure 2 of Fonfara) through which a fluid for cooling and flushing (“Even in the extreme case that all residual cross-sections of all the longitudinal grooves 25 in the "closed position" of the control valve should be clogged, the temperature of the cooling fluid increases - albeit slower than desired by providing the predetermined leak flow rate - so far, until the control valve finally opens so far that the impurities are flushed out of the control valve,” Page 7 of the English Translation of Fonfara) is circulated; and a variable orifice flow device (11 controllable valve) arranged in the flowline and providing a valve body (37 valve body) that includes an inlet port, an outlet port, and a flow path (flow path as shown by flow line in annotated Figure 2 of Fonfara) extending between the inlet and outlet ports (as shown in the annotated Figure 2 of Fonfara), wherein the variable orifice flow device is actuatable between a fully closed position (closed position as shown in Figure 2 of Fonfara), where an open orifice (25a and 41a notch) is defined in the variable orifice flow device to allow the fluid to circulate through the flow path at a first non-zero flow rate, and an open position (open position as shown in Figure 3 of Fonfara), where the fluid circulates through the flow path at a second flow rate greater than the first flow rate. (Page 1-8 of the English Translation of Fonfara; Fig. 1-3). Fonfara teaches the controllable valve is used in a pump for conveying cooling fluid, such that in the valve closed position, the orifice (25a) allows a leak flow rate that is lower than the leak flow rate during the valve open position. The orifice (25a) allows for fluid for cooling and flushing to continue in the valve closed position to prevent “overheating of the components to be cooled occurs in that the controllable valve or the control valve completely interrupts the cooling fluid flow in a phase in which no power dissipation is dissipated, and in a subsequent phase, in which again a certain power loss is generated, which heats so slowly in the fluid line between the component to be cooled and the measuring point for the fluid temperature cooling fluid at the location of the measuring point and thus the flow rate of the cooling fluid through the opening of the valve is delayed in time so that this overheats the component to be cooled or completely destroyed,” (Page 3 of the English Translation of Fonfara). Based on the teaching of Fonfara and Read, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the centrifugal pump of Read by including an orifice in the variable orifice flow device as taught by Fonfara for the purpose of allowing cooling and flushing fluid to continue to flow during the valve closed position in order to providing cooling and flushing of the components in the pump. In reference to Claim 2 Read as modified by Fonfara discloses: The pump of claim 1, further comprising: a drive shaft (38) operatively coupled to the impeller and extending through an aperture (aperture within housing 10, 12, 14) defined in the casing, the mechanical seal being arranged at the aperture, wherein the flush and cooling fluid comprises a portion of the process fluid. (Page 1-2; Fig. 1-2). In reference to Claim 3 Read as modified by Fonfara discloses: The pump of claim 2, wherein the flowline extends between the outlet (18) and a seal chamber (44) in fluid communication with the mechanical seal, and wherein the flush and cooling fluid comprises a portion of the process fluid extracted from the outlet. (Page 1-2; Fig. 1-2). In reference to Claim 4 Read as modified by Fonfara discloses: The pump of claim 2, wherein the flowline extends between the inlet (24) and a seal chamber (44) in fluid communication with the mechanical seal. (Page 1-2; Fig. 1-2). In reference to Claim 5 Read as modified by Fonfara discloses: The pump of claim 2, wherein the process fluid comprises a liquid selected from the group consisting of a hydrocarbon, water, a cooling fluid, a caustic, an acid, and any combination thereof. (Page 1, Col. 2, ll. 24-27, Read) When the pump is set in operation, the valve 54 is forced back from the seat 58 by the incoming water flowing through the inlet opening 24. In reference to Claim 6 Read as modified by Fonfara discloses: The pump of claim 1, wherein the variable orifice flow device includes: a valve body (54) that provides an inlet port (port proximate to 24), an outlet port (port proximate to 18), and a flow path (flow line from 24 to18) extending between the inlet and outlet ports; an adjustable valve member (54) movably positioned within the valve body and having opposing first and second ends; and ahead provided at the first end (flat and conical end of 54 facing intake 24) and engageable with a seating surface (56) defined by the valve body within the flow path, wherein, when the variable orifice flow device is in the fully closed position, the head engages the seating surface to define the open orifice within the flow path. (Page 1, Col. 2, ll. 17-27, Read). In reference to Claim 7 Read as modified by Fonfara discloses: The pump of claim 6, wherein the head exhibits a generally frustoconical shape that defines a flat bottom (flat and conical end of 54 facing intake 24) (Fig. 2). In reference to Claim 10 Read discloses: A method, comprising: circulating a flush and cooling fluid (water) through a flowline (flow line from 24 to18) in fluid communication with a mechanical seal (seal created at 54, 56) arranged within a casing (10, 12, 14) of a pump; conveying the flush and cooling fluid to a variable orifice flow device (54, 56) arranged in the flowline; circulating the flush and cooling fluid through the variable orifice flow device in a fully closed position (valve 54 closes intake opening 24); transitioning the variable orifice flow device away from the fully closed position; and circulating the flush and cooling fluid through the variable orifice flow device at a second flow rate greater than the first flow rate with the variable orifice flow device transitioned away from the fully closed position since the valve (54) closes when the pressure fluid is relived in the inlet (24). Therefore, the second flow rate at which opens the valve 54 is greater than the first flow rate at which the valve 54 closes.(Page 1-2; Fig. 1-2). Read also discloses conveying the flush and cooling fluid from the mechanical seal to the inlet. (Page 1-2; Fig. 1-2). (Page 1, Col. 2, ll. 17-27, Read) Valve 54 functions as a check valve to maintain the pump primed at all times so as to eliminate the necessity for outside check valves and foot valves. The valve is forced back against its seat 56 by the head water in the discharge line and in the pumping system when the pump is shut down. Spring 62 acts as an aid in closing the valve. When the pump is set in operation, the valve 54 is forced back from the seat 58 by the incoming water flowing through the inlet opening 24. (Page 2, Col. 2, ll. 14-19, Read) …a valve coaxial with the shaft and impeller and formed with a stem, the shaft having a bore receiving the stem and a spring for urging the valve into closing position with respect to the inlet when pressure of fluid is relieved in the inlet. Fonfara teaches: A pump having a mechanical system, comprising: a flowline (flowline of fluid as shown in the annotated Figure 2 of Fonfara) through which a fluid for cooling and flushing (“Even in the extreme case that all residual cross-sections of all the longitudinal grooves 25 in the "closed position" of the control valve should be clogged, the temperature of the cooling fluid increases - albeit slower than desired by providing the predetermined leak flow rate - so far, until the control valve finally opens so far that the impurities are flushed out of the control valve,” Page 7 of the English Translation of Fonfara) is circulated; and a variable orifice flow device (11 controllable valve) arranged in the flowline and providing a valve body (37 valve body) that includes an inlet port, an outlet port, and a flow path (flow path as shown by flow line in annotated Figure 2 of Fonfara) extending between the inlet and outlet ports (as shown in the annotated Figure 2 of Fonfara), wherein the variable orifice flow device is actuatable between a fully closed position (closed position as shown in Figure 2 of Fonfara), where an open orifice (25a and 41a notch) is defined in the variable orifice flow device to allow the fluid to circulate through the flow path at a first non-zero flow rate, and an open position (open position as shown in Figure 3 of Fonfara), where the fluid circulates through the flow path at a second flow rate greater than the first flow rate. (Page 1-8 of the English Translation of Fonfara; Fig. 1-3). Fonfara teaches the controllable valve is used in a pump for conveying cooling fluid, such that in the valve closed position, the orifice (25a) allows a leak flow rate that is lower than the leak flow rate during the valve open position. The orifice (25a) allows for fluid for cooling and flushing to continue in the valve closed position to prevent “overheating of the components to be cooled occurs in that the controllable valve or the control valve completely interrupts the cooling fluid flow in a phase in which no power dissipation is dissipated, and in a subsequent phase, in which again a certain power loss is generated, which heats so slowly in the fluid line between the component to be cooled and the measuring point for the fluid temperature cooling fluid at the location of the measuring point and thus the flow rate of the cooling fluid through the opening of the valve is delayed in time so that this overheats the component to be cooled or completely destroyed,” (Page 3 of the English Translation of Fonfara). Based on the teaching of Fonfara and Read, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the centrifugal pump of Read by including an orifice in the variable orifice flow device as taught by Fonfara for the purpose of allowing cooling and flushing fluid to continue to flow during the valve closed position in order to providing cooling and flushing of the components in the pump. In reference to Claim 11 Read as modified by Fonfara discloses: The method of claim 10, wherein circulating the flush and cooling fluid through the variable orifice flow device at the second flow rate further comprises the capability of removing debris and residue from the flow path as the flush and cooling fluid circulates through the variable orifice flow device. (Page 1-2; Fig. 1-2 of Read; Page 7 of the English Translation of Fonfara). In reference to Claim 12 Read as modified by Fonfara discloses: The method of claim 11, further comprising generating turbulent flow conditions within the flow path as the flush and cooling fluid circulates through the variable orifice flow device at the second flow rate –due to the pressure build up in the inlet opening 24-- (Page 1, Col. 2, ll. 17-27, Read), (Page 2, Col. 2, ll. 14-19, Read) (Page 7 of the English Translation of Fonfara). In reference to Claim 13 Read as modified by Fonfara discloses: The method of claim 10, wherein an impeller (26) is rotatably arranged within the casing and a drive shaft (38) is operatively coupled to the impeller and extends through an aperture (aperture within housing 10, 12, 14) defined in the casing where the mechanical seal is arranged, the method further comprising: receiving a process fluid (incoming water) into the casing at an inlet (24); discharging the process fluid from the casing at an outlet (18); and using a portion of the process fluid as the flush and cooling fluid. (Page 1-2; Fig. 1-2; Read). In reference to Claim 14 Read as modified by Fonfara discloses: The method of claim 13, wherein the flowline extends between the outlet (18) and a seal chamber (44) in fluid communication with the mechanical seal, the method further comprising extracting a portion of the process fluid from the outlet to serve as the flush and cooling fluid. (Page 1, Col. 2, ll. 17-27, Read) Valve 54 functions as a check valve to maintain the pump primed at all times so as to eliminate the necessity for outside check valves and foot valves. The valve is forced back against its seat 56 by the head water in the discharge line and in the pumping system when the pump is shut down. Spring 62 acts as an aid in closing the valve. When the pump is set in operation, the valve 54 is forced back from the seat 58 by the incoming water flowing through the inlet opening 24. In reference to Claim 15 Read as modified by Fonfara discloses: The method of claim 13, wherein the flowline extends between the inlet (24) and a seal chamber (44) in fluid communication with the mechanical seal. (Page 1-2; Fig. 1-2; Read). In reference to Claim 16 Read as modified by Fonfara discloses: The method of claim 10, wherein the variable orifice flow device includes: a valve body (body of 54) that provides an inlet port (inlet port of 56 at side 24), an outlet port (port of 56 at side 18), and a flow path extending between the inlet and outlet ports; an adjustable valve member movably positioned within the valve body and having opposing first and second ends; and a head (flat end and conical end facing inlet side 24) provided at the first end and engageable with a seating surface (56) defined by the valve body within the flow path, the method further comprising: engaging the head against the seating surface when the variable orifice flow device is in the fully closed position, and thereby defining the open orifice within the flow path. (Page 1, Col. 2, ll. 17-27, Read) (Fig. 2).(see Fig. 1-3 of Fonfara). Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Read (US 2385730) in view of Fonfara et al. (EP 1643823, hereinafter: “Fonfara”) as applied to claims 6 and 16 above, and further in view of Adlam (US 1969492). In reference to Claim 8 Fonfara discloses: The pump of claim 6, wherein the variable orifice flow device further includes second end of the shaft (38; Read), and wherein the shaft causes the adjustable valve member to translate within the valve body and thereby transition the variable orifice flow device between the fully closed and open positions. Fonfara is silent on a handle and manually rotating the handle. Adlam teaches the variable orifice flow device (24c) further includes a handle (24a) provided at the second end, and wherein manually rotating the handle the shaft causes the adjustable valve member to translate within the valve body and thereby transition the variable orifice flow device between the fully closed and open positions (“The turning of the handle 24a causes the corrugated element 24b to be raised, or lowered, and to adjust the movable valve element 24c in desired relation to the valve seat 24d,” Page 4, ll. 49-55; Fig. 1). Based on the teaching of Fonfara and Adlam, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controlled valve of Fonfara by including a handle at the second end of the drive shaft that would cause the valve to manually adjust between the fully closed and open positions as taught by Adlam for the purpose of utilizing a well-known method of operating a valve. In reference to Claim 17 Read as modified by Fonfara discloses: The method of claim 16, wherein the variable orifice flow device further includes the shaft (38; Read) having a second end, and wherein transitioning the variable orifice flow device away from the fully closed position comprises rotating the shaft handle and thereby causing the adjustable valve member to translate within the valve body such that the head (head of 54) disengages with the seating surface (56). (Page 4, ll. 49-55; Fig. 1; Read). Adlam teaches the variable orifice flow device (24c) further includes a handle (24a) provided at the second end, and wherein manually rotating the handle the shaft causes the adjustable valve member to translate within the valve body and thereby transition the variable orifice flow device between the fully closed and open positions (“The turning of the handle 24a causes the corrugated element 24b to be raised, or lowered, and to adjust the movable valve element 24c in desired relation to the valve seat 24d,” Page 4, ll. 49-55; Fig. 1). Based on the teaching of Read as modified by Fonfara and Adlam, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the centrifugal pump of Read by including a handle at the second end of the drive shaft that would cause the valve to manually adjust between the fully closed and open positions as taught by Adlam for the purpose of utilizing a well-known method of operating a valve. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Read (US 2385730) in view of Fonfara et al. (EP 1643823, hereinafter: “Fonfara”) as applied to claim 6 above, and further in view of Williamson et al. (US 4869642, hereinafter: “Williamson”). In reference to Claim 9 Read as modified by Fonfara discloses: The pump of claim 6, wherein the adjustable valve member is rotated via the shaft (38) to transition the variable orifice flow device between the fully closed and open positions. Read is silent on a motor. Williamson teaches the adjustable valve member (41) is rotated via a motor (42) to transition the variable orifice flow device between the fully closed and open positions (Col. 3, ll. 10-25; Fig. 1). Based on the teaching of Read and Williamson, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the centrifugal pump of Read by including a motor at the second end of the drive shaft that would cause the valve to adjust between the fully closed and open positions as taught by Williamson for the purpose of utilizing a well-known method of operating a valve. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Fonfara et al. (EP 1643823, hereinafter: “Fonfara”) in view of Adlam (US 1969492). In reference to Claim 20 Fonfara discloses: The mechanical system of claim 19, wherein the variable orifice flow device further includes second end of the shaft (21), and wherein the shaft causes the adjustable valve member to translate within the valve body and thereby transition the variable orifice flow device between the fully closed and open positions. Fonfara is silent on a handle and manually rotating the handle. Adlam teaches the variable orifice flow device (24c) further includes a handle (24a) provided at the second end, and wherein manually rotating the handle the shaft causes the adjustable valve member to translate within the valve body and thereby transition the variable orifice flow device between the fully closed and open positions (“The turning of the handle 24a causes the corrugated element 24b to be raised, or lowered, and to adjust the movable valve element 24c in desired relation to the valve seat 24d,” Page 4, ll. 49-55; Fig. 1). Based on the teaching of Fonfara and Adlam, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controlled valve of Fonfara by including a handle at the second end of the drive shaft that would cause the valve to manually adjust between the fully closed and open positions as taught by Adlam for the purpose of utilizing a well-known method of operating a valve. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYE SU MON HTAY whose telephone number is (571)270-5958. The examiner can normally be reached Monday-Friday, 9:00am-3:00pm PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Wiehe can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AYE S HTAY/Examiner, Art Unit 3745 /NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
Read full office action

Prosecution Timeline

Mar 10, 2025
Application Filed
Sep 06, 2025
Non-Final Rejection — §102, §103, §112
Nov 11, 2025
Response Filed
Mar 03, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

2-3
Expected OA Rounds
67%
Grant Probability
96%
With Interview (+28.5%)
3y 4m
Median Time to Grant
Moderate
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