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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
In line 6 of claim 1, amend the word “rotatorily” to instead recite --rotatably--.
Appropriate correction is required.
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.
Claim(s) 1- is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Menken et al. (DE 102015000424 B3, hereafter “Menken”).
Regarding claim 1, Menken discloses a rotary valve (1), comprising a valve housing (3) with a valve chamber (the chamber within 3), wherein the valve chamber has at least one chamber wall (the walls where the openings 3.1-3.8 are formed) in which at least two fluid openings (3.1-3.8) are introduced, wherein the valve chamber accommodates a valve core (2, 2.2), wherein the valve core is provided with a channel structure (N1-N4, K1-K4) which interacts with the fluid openings, wherein the valve core is rotatorily accommodated in the valve chamber, and wherein the valve core is formed in at least two parts (2 and 2.2 are two different parts).
Regarding claim 2, Menken further discloses the rotary valve according to claim 1, wherein the valve core has at least one inner part (2) and one outer part (2.2), wherein the outer part surrounds the at least one inner part at least partially on the circumference side. (Fig. 7)
Regarding claim 3, Menken further discloses the rotary valve according to claim 1, wherein the outer part is formed as a sleeve and accommodates the at least one inner part. (Fig. 7)
Regarding claim 4, Menken further discloses he rotary valve according to claim 2, wherein openings are introduced in the outer part. (Fig. 7)
Regarding claim 5, Menken further discloses the rotary valve according to according to claim 2, wherein the channel structure is formed in the at least one inner part. (Fig. 7)
Regarding claim 6, Menken further discloses the rotary valve according to claim 2, wherein the at least one inner part is formed in a rib-like manner. (Fig. 7)
Regarding claim 7, Menken further discloses the rotary valve according to claim 2, wherein the at least one inner part and the outer part are connected to one another in a materially bonded manner. (note that this is a product by process limitation; para. [0050]-[0054])
Regarding claim 8, Menken further discloses the rotary valve according to claim 2, wherein the at least one inner part and the outer part are connected to one another in a form-fitting manner. (note that this is a product by process limitation; para. [0050]-[0054])
Regarding claim 9, Menken further discloses the rotary valve according to claim 2, wherein the outer part of the valve core rests against the chamber wall of the valve chamber in a sealing manner at least in sections. (Fig. 7)
Regarding claim 10, Menken further discloses the rotary valve according to claim 2, wherein a sealing contour is allocated to the outer part and/or the at least one inner part. (Fig. 7)
Regarding claim 12, Menken further discloses the rotary valve according to claim 2, wherein at a channel structure is formed in the outer part. (see the channels formed through 3.1-3.8)
Regarding claim 15, Menken further discloses a temperature control circuit of an electric vehicle, comprising at least one rotary valve configured according to claim 1. (para. [0002] – [0003])
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.
Claim(s) 11, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Menken.
Regarding claim 11, Menken further discloses the rotary valve according to claim 1, but fails to disclose wherein the valve core is formed of plastic.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the valve core of Menken to be formed of plastic since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide a cost effective and durable material.
Regarding claim 13, Menken further discloses the rotary valve according to claim 2, but fails to disclose wherein the valve core has multiple outer parts.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the valve core of Menken to have multiple outer parts since separating parts that were once integral involves only routine skill in the art. The motivation for doing so would be to provide a valve core which allows for the user to replace a respective part of the apparatus that may become damaged without having to replace the entire integral part.
Regarding claim 14, Menken further discloses the rotary valve according to claim 1, but fails to disclose wherein the valve housing and the valve core are formed of plastic.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the valve core of Menken to be formed of plastic since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide a cost effective and durable material.
Conclusion
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/PAUL J GRAY/Primary Examiner, Art Unit 3753
