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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the valve element mounted rotatably about an axis of rotation within the valve seat element” recited in claim 1 must be shown or the feature(s) canceled from the claim(s). The drawings show valve element rotating between two valve seal elements 6, but not within a valve seal element. No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 101
The following is a quotation 35 U.S.C. 101:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed recitation of a use, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd.App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966).
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(s) 19 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.
Claim 19 provides for the use of the device for regulating and distributing, but, since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced.
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(s) 1-4, 14-16, 18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Schrock (4314581).
Regarding claim 1, Schrock discloses a device for regulating a through-flow and distributing a fluid in a fluid circuit (water supply circuit), the device comprising: a housing 11 with fluid connections 13,14, which are each connected via a passage opening to an inner volume of the housing formed as a valve chamber, and a valve element 52 with a through-flow opening 93-91 and a valve seat element (portion of 21 inside 11), which are arranged within the valve chamber, wherein the valve element 52 is mounted rotatably about an axis of rotation within the valve seat element (portion of 21 inside 11), abutting the valve seat element, wherein the valve seat element (portion of 21 inside 11) is arranged abutting the housing (at threaded section 19), and wherein exactly one sealing element 32 for sealing the valve seat element to the housing 11 is arranged between the valve seat element (portion of 21 inside 11) and the housing 11.
As to claim 2, the housing has two of the fluid connections 13,14, a first one of the fluid connections and a second one of the fluid connections.
As to claim 3, the sealing element 32 is arranged in a region of the first one of the fluid connections 13 facing the passage opening of the first one of the fluid connections formed in the housing.
As to claim 4, the sealing element 32 is formed as an O-ring.
As to claim 14, wherein the valve element 52 is connected to a drive element (handle connected to 77) arranged outside the housing via an actuator element 51 in order to move the valve element relative to the housing.
As to claim 15, the actuator element 51 is formed as a drive shaft 51 aligned in a direction of the axis of rotation of the valve element 52.
As to claim 16, the actuator element 51 is connected to the valve element 52 at a first end and to the drive element (handle connected to 77), projecting out of the housing, at a second end formed distally to the first end.
As to claim 18, wherein the device is seen as able to be flowed through bidirectionally.
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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schrock (4314581).
Schrock discloses drive element as a handle (col 4 line 10-20) 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 Schrock 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, 2, 5-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alcaraz et al (20140034165) in view of Schmitt (4423749), further 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 valve seat elements combination 4,4, which are arranged within the valve chamber 2, wherein the valve element 3 is mounted rotatably about an axis of rotation within the valve seat elements combination 4,4, abutting the valve seat elements combination 4,4, wherein the valve seat elements combination 4,4 is arranged abutting the housing 1. Alcaraz discloses wherein the housing has an opening (at right side of 1 in Fig 1), wherein the valve seat elements combination 4,4 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 valve seat element to the housing is arranged between the valve seat element and the housing, wherein the sealing element for sealing the valve seat element to the housing is arranged between the 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 fails to disclose and valve seat elements combination 4,4 as a single valve seat element with valve element inside the seat element. Schmitt teaches a ball valve with a single valve seat element 24 with valve element 58 inside the valve seat element 24.
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 single valve seat element having valve element inside the valve seat element as taught by Schmitt in order to reduce number of parts required during assembly.
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 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.
Conclusion
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
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