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 .
Status of the claims
Claims 1,11,13, is/are amended, and claim 19 is cancelled. Currently claims 1-18 are pending in this application.
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 1-18 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. Claim 1, line 14, recites “the second one of the valve element”. Though unclear, it appears to recite a second valve element, which is not supported by originally filed specification or drawings.
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(s) 1-18 is/are 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 pre-AIA the applicant regards as the invention.
valve element, which is not supported by originally filed specification or drawings.
Claim 1 recites the limitation “the second one of the valve element " in line 14. There is insufficient antecedent basis for this limitation in the claim. For examination against prior art, it is assumed to mean “the side of the valve element”.
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.
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.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alcaraz et al (20140034165) in view of Richards (4068822).
Regarding claim 1, 11-13, Alcaraz discloses a device for regulating a through-flow and distributing a fluid in a fluid circuit (water supply), the device comprising: a housing 1,5 with fluid connections, which are each connected via a passage opening (left end of 5 and upper end of 6) to an inner volume of the housing formed as a valve chamber 2, and a valve element 3 with a through-flow opening 14-15 and two valve seat elements 4,4, which are arranged within the valve chamber 2, wherein the valve element 3 is mounted rotatably about an axis of rotation between the valve seat elements 4,4, abutting the valve seat elements 4,4, wherein the valve seat elements 4,4 are arranged abutting the housing 1. Alcaraz discloses wherein the housing has an opening (at right side of 1 in Fig 1), wherein the first (right) valve seat element 4 with the valve element 3 is arranged introduced into the valve chamber 2 through the opening formed in the housing in a (horizontal) direction perpendicularly to the (vertical) axis of rotation of the valve element 3, wherein the housing 1,5 has a closure element 5 for closing the opening in a fluid-tight manner.
Alcaraz fails to disclose that exactly one sealing element for sealing the right valve seat element to the housing arranged between the left valve seat element and the housing, wherein the sealing element for sealing the valve seat element to the housing is arranged between the left valve seat element and the closure element of the housing. Richards, teaches a ball valve wherein exactly one sealing element 22 for sealing the valve seat element 15 to the housing is arranged between the valve seat element 15 and the housing 10,19, wherein the sealing element 22 for sealing the valve seat element 15 to the housing 10,19 is arranged between the valve seat element 15 and the closure element 19 of the housing 10,19.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the device disclosed by Alcaraz with a sealing element arranged between the valve seat element and the housing closure as taught by Richards in order to improve leakage protection at housing closure threaded portion.
Regarding the term “the sealing element is arranged introduced into the valve chamber through the opening formed in the housing in a direction perpendicularly to the axis of rotation of the valve element”, the patentability of a product does not depend on its method of production If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. (MPEP 2113).
Alcaraz discloses on a left side of the valve element 3 and a second (left) one of the valve seat elements 4 opposite the right side (which right side would have the sealing element in view of Richards), a cavity (Fig 5, marked below) is formed between the housing (left wall of 1), the left side of the valve element 3, and the second (left) one of the valve seat elements 4, the cavity being connected to the valve chamber 2 and forming a partial volume of the valve chamber.
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As to claim 2, housing has two of the fluid connections (at 5 and 6), a first one of the fluid connections (at 5) and a second one of the fluid connections (at 6).
As to claim 3, Alcaraz (as modified in view of Richards) discloses the sealing element (22 in Richards) arranged in a region of the first one of the fluid connections (at 5) facing the passage opening of the first one of the fluid connections formed in the housing.
As to claim 4, Alcaraz (as modified in view of Richards) discloses the sealing element 22 in Richards) formed as an O-ring.
As to claim 5, the first one (at 5) of the fluid connections and the second one (at 6) of the fluid connections are arranged on sides of the housing which differ from one another, wherein the first one (at 5) of the fluid connections is formed on a side wall of the housing and the second one of the fluid connections is formed on an end face of the housing.
As to claim 6, wherein axes of symmetry of the first one (at 5) of the fluid connections and the second one (at 6) of the fluid connections are arranged within a common central plane of the device in which also the axis of rotation of the valve element runs plane of Fig 1).
As to claim 7, axes of symmetry of the first one (at 5) of the fluid connections and the second one (at 6) of the fluid connections are aligned with respect to one another at an angle different from zero (90 degrees).
As to claim 8, an axis of symmetry of the first one (at 5) of the fluid connections is aligned perpendicularly to the axis of rotation of the valve element 3 and an axis of symmetry of the second one (at 6) of the fluid connections is aligned in a direction of the axis of rotation of the valve element 3.
As to claim 9, the valve element 3 is formed to be substantially spherical.
As to claim 10, the through-flow opening 13-14 of the valve element 3 has an L-shape which, in an opened state of the device, connects the passage opening of each of the fluid connections to one another.
As to claim 14, the valve element 3 is connected to a drive element 11 arranged outside the housing via an actuator element 8 in order to move the valve element relative to the housing.
As to claim 15, the actuator element 8 is formed as a drive shaft aligned in a direction of the axis of rotation of the valve element 3.
As to claim 16, the actuator element 8 is connected to the valve element 3 at a first end and to the drive element 11, projecting out of the housing, at a second end formed distally to the first end.
As to claim 17, Alcaraz discloses drive element as a lever 11 but fails to disclose a motor. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the device disclosed by Alcaraz with drive element as an automatic motor since it has been held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.
Claim(s) 1,18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holden (20200056734) in view of Richards (4068822).
Regarding claim 1, Holden discloses a device for regulating a through-flow and distributing a fluid in a fluid circuit, the device comprising: a housing 30,39 with fluid connections, which are each connected via a passage opening (left end of 39 and upper end of 18) to an inner volume of the housing formed as a valve chamber (space with 33), and a valve element 33 with a through-flow opening and two valve seat elements 32,34, which are arranged within the valve chamber, wherein the valve element 33 is mounted rotatably about an axis of rotation between the valve seat elements 32,34, abutting the valve seat elements 32,34 wherein the valve seat elements 32,34 are arranged abutting the housing.
Holden fails to disclose that exactly one sealing element for sealing the valve seat element 34 to the housing is arranged between the valve seat element 34 and the housing, wherein the sealing element for sealing the valve seat element to the housing is arranged between the valve seat element 34 and the closure element 39 of the housing. Richards, teaches a ball valve wherein exactly one sealing element 22 for sealing the valve seat element 15 to the housing is arranged between the valve seat element 15 and the housing 10,19, wherein the sealing element 22 for sealing the valve seat element 15 to the housing 10,19 is arranged between the valve seat element 15 and the closure element 19 of the housing 10,19.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the device disclosed by Holden with a sealing element arranged between the valve seat element and the housing closure as taught by Richards in order to improve leakage protection at housing closure threaded portion.
Regarding the term “the sealing element is arranged introduced into the valve chamber through the opening formed in the housing in a direction perpendicularly to the axis of rotation of the valve element”, the patentability of a product does not depend on its method of production If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. (MPEP 2113).
Holden discloses on a left side of the valve element 33 and a second valve seat element 432opposite the right side (which right side would have the sealing element in view of Richards), a cavity (space inside 32 between left wall of 30 and valve element 33) is formed between the housing (left wall of 1), the left side of the valve element 33, and the second one of the valve seat elements 32, the cavity being connected to the valve chamber (space hosting 33) and forming a partial volume of the valve chamber.
As to claim 18, the device of Holden is seen as able to be flowed through bidirectionally.
Response to Arguments
Applicant's arguments filed 09/14/2026 have been fully considered but they are not persuasive.
Rejection over Schrock is withdrawn in view of claim amendments.
Applicant’s arguments regarding Alcaraz that “do not disclose or suggest forming an unsealed, communicating cavity for pressure equalization” are not persuasive since Alcaraz discloses on a left side of the valve element 3 and a second (left) one of the valve seat elements 4 opposite the right side (which right side would have the sealing element in view of Richards), a cavity (Fig 5, marked above) is formed between the housing (left wall of 1), the left side of the valve element 3, and the second (left) one of the valve seat elements 4, the cavity being connected to the valve chamber 2 and forming a partial volume of the valve chamber.
Holden is cited as new reference similar to Alcaraz but allowing bi-directional flow.
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 Atif Chaudry at phone number 571-270-3768. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881, or Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ATIF H CHAUDRY/Primary Examiner, Art Unit 3753
