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 .
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.
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.
Claim 20 is rejected 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.
Claim 20 recites “means for causing the valve poppet to move from the closed position into an open position”. It is unclear what structure corresponds to this limitation. It would appear that, at least, a solenoid coil would be part of the means for causing the valve poppet to move from the closed position into an open position. However, claim 20 also recites “a coil assembly”, which would appear to include, at least, a solenoid coil as well.
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.
Claim 20 (as understood) is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nickells (US Patent Number 2,922,614).
Nickells discloses a valve assembly, comprising: a valve body (1) having an inlet port (6) and an outlet port (21) and an integral coil holder (14, 15, 19) positioned between the inlet port and the outlet port; a coil assembly (including coil 11) situated within the coil holder, the coil assembly comprising an assist spring (41) secured to and extending from an end thereof; a valve body plug (20) threadably attached to an outlet port end of the valve body, the valve body plug comprising a valve seat (22); a valve poppet assembly comprising: a valve poppet (including 25, 27); wherein a distal end of the assist spring is positioned around a portion of the valve poppet (see the Fig.), whereby the assist spring biases the valve poppet into a closed position atop the valve seat in a normal state (see the Fig.1); and means for causing the valve poppet to move from the closed position into an open position, wherein a space is formed between the valve poppet and the valve seat (when current is sent to the coil, the plunger moves up, opening the valve).
Allowable Subject Matter
Claims 1-19 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Renzi, Johnson, Kreuter, and Takeshita disclose similar valve assemblies.
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/ERIC KEASEL/Primary Examiner, Art Unit 3753
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