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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 following limitations must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
---Claim 13 recite the following:
13. The solenoid valve according to claim 1, comprising an electromagnetic actuator with a solenoid and a ferromagnetic core actuated by the magnetic flux of the solenoid, the pilot flap being actuated by the core.
As best understood by the Office, applicant’s overall invention is directed to a piloted solenoid valve comprising a main valve 20 and a pilot valve 28 wherein the pilot valve 28 is actuated by an electromagnetic actuator (not shown). It is noted that while “rod 36” may be part of this electromagnetic actuator, it is unclear if rod 36 is the same as “the ferromagnetic core” (the movable portion/armature of the electromagnetic actuator) or a portion of it or a distinct component that is somehow attached to the non-illustrated electromagnetic actuator. Regardless, the components of the electromagnetic actuator, the solenoid and the ferromagnetic, does not appear to be shown in the drawings. Considering that applicant’s main invention is directed to a piloted solenoid valve, the Office suggests that the components of the electromagnetic actuator, the solenoid and the ferromagnetic core, are shown in the drawings at least schematically since these are critical features for understanding applicant’s main invention. See the cited prior art for details of similar piloted solenoid valves.
---Claim 14 recite the following:
14. An equipment with a solenoid valve according to claim 1, the equipment being an aerospace or aeronautical equipment, such as a space launcher or an aircraft turbomachine.
As best understood by the Office, applicant’s overall invention is directed to a piloted solenoid valve comprising a main valve 20 and a pilot valve 28 wherein the pilot valve 28 is actuated by an electromagnetic actuator (not shown). Notice that none of the drawings links the solenoid valve to an aerospace/aeronautical equipment or any such system where the solenoid valve may be employed and at most the drawings only show a piloted solenoid valve. Considering that this appear to be a mere use for the valve, the Office suggests that the claim is cancelled.
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.
Specification
It is noted that throughout the Abstract, the Specification and the Claims, the term “flap” is used. The term “flap” is usually defined as “something that is broad or flat and usually thin and flexible and that hangs loose or projects freely such as a piece on a garment that hangs free, a part of a book jacket that folds under the book's cover, a piece of tissue partly severed from its place of origin for use in surgical grafting, an extended part forming the closure (as of an envelope or carton), etc.”. In the art of valves, “a flap/flapper valve” is typically a pivoting type of valve wherein the valve member/flap has a hinge on one end such that when the valve is actuated, the valve member/flap pivots about the hinge. The most common example of one is the flapper valve within a toilet’s water tank which is controlled by a float. As best understood by the Office, applicant’s invention is directed to a piloted solenoid valve comprising a main valve 20 and a pilot valve 28 wherein the pilot valve 28 is actuated by an electromagnetic actuator (not shown) and the main valve is opened using pressure differential between both sides of the main valve allowing the large main valve to be opened using a small electromagnetic actuator via the actuation of the smaller pilot valve nested within the main valve. Notice in at least Fig. 1 that both the main flap 20 and the pilot flap 28 are piston lift-type valves and they do not appear to “pivot or hang loose” or are “flap-like”. As such, it appears that the applicant may be attempting to act as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, with the term “flap” appearing to equate to being “valve” or “piston”; however, the specification does not make this clear. The Office suggests that either the term “flap” is amended in the Specification, the Abstract and the Claims, to what appears to be the true intention of the term such as by amending it to “valve” or that the Specification is amended to explicitly redefine the term “flap”.
Claim Objections
Claims 1, 4-5 and 14 are objected to because of the following informalities:
---Claim 1 recites the following:
1. A solenoid valve, comprising: a body with a main fluid inlet, a main fluid outlet, and a main passage connecting the main inlet to the main outlet; a main flap with an obturator, the main flap being movable between a position of obturation of the main passage by the obturator and a position of opening of the main passage, the main flap having an auxiliary fluid inlet in communication with the main inlet and an auxiliary fluid outlet in communication with the main outlet; an intermediate chamber connecting the auxiliary inlet and the auxiliary outlet; and a pilot flap movable between a state of obturation of the auxiliary inlet and a state of obturation of the auxiliary outlet and for driving the main flap towards the open position, wherein the solenoid valve being able is configured to receive the fluid, and wherein the fluid is cryogenic propellant in a single-phase liquid state, a single-phase gas state: or a two-phase liquid and gas state.
Notice the lack of antecedent basis for “the fluid”. See also the 112b rejections below.
The Office suggests that claim 1 is amended as follows (this suggestion may be affected pending resolution of the 112b rejections mentioned below):
1. A solenoid valve, comprising: a body with a main fluid inlet, a main fluid outlet, and a main passage connecting the main inlet to the main outlet; a main flap with an obturator, the main flap being movable between a position of obturation of the main passage by the obturator and a position of opening of the main passage, the main flap having an auxiliary fluid inlet in communication with the main inlet and an auxiliary fluid outlet in communication with the main outlet; an intermediate chamber connecting the auxiliary inlet and the auxiliary outlet; and a pilot flap movable between a state of obturation of the auxiliary inlet and a state of obturation of the auxiliary outlet and for driving the main flap towards the open position, wherein the solenoid valve being able is configured to receive [[the]] a fluid, and wherein the fluid is cryogenic propellant in a single-phase liquid state, a single-phase gas state: or a two-phase liquid and gas state.
---Claim 4 recites the following:
4. The solenoid valve according to claim 1, wherein the pilot flap is in a bore of the main flap, the radial displacement of the pilot flap in the bore maintaining the sealing of the obturation of the auxiliary inlet or of the auxiliary outlet.
Notice a lack of antecedent basis for “the radial displacement of the pilot flap”. See also the 112b rejection below.
If the only issue is the lack of antecedent basis, the Office suggests that claim 4 is amended as follows (resolution of the 112b rejection may affect resolution of this claim objection):
4. The solenoid valve according to claim 1, wherein the pilot flap is in a bore of the main flap, [[the]] a radial displacement of the pilot flap in the bore maintaining the sealing of the obturation of the auxiliary inlet or of the auxiliary outlet.
---Claim 5 recites the following:
5. The solenoid valve according to claim 1, the axial displacement of the pilot flap is less than the axial displacement of the main flap.
Notice a lack of antecedent basis for “the axial displacement of the pilot/main flap”.
The Office suggests that claim 5 is amended as follows:
5. The solenoid valve according to claim 1, [[the]] an axial displacement of the pilot flap is less than [[the]] an axial displacement of the main flap.
---Claim 14 recite the following:
14. An equipment with a solenoid valve according to claim 1, the equipment being an aerospace or aeronautical equipment, such as a space launcher or an aircraft turbomachine.
Notice that “a solenoid valve” is referring to the same previously recited “a solenoid valve” of claim 1 and the should use the definite article “the” to indicate that they are the same. See also the 112b rejection below.
The Office suggests that claim 14 is amended as follows:
14. An equipment with [[a]] the solenoid valve according to claim 1, the equipment being an aerospace or aeronautical equipment, such as a space launcher or an aircraft turbomachine.
Appropriate correction is required.
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.
Claims 1-15 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
---Regarding claims 1-15, in particular claim 1 recites the following:
1. A solenoid valve, comprising: a body with a main fluid inlet, a main fluid outlet, and a main passage connecting the main inlet to the main outlet; a main flap with an obturator, the main flap being movable between a position of obturation of the main passage by the obturator and a position of opening of the main passage, the main flap having an auxiliary fluid inlet in communication with the main inlet and an auxiliary fluid outlet in communication with the main outlet; an intermediate chamber connecting the auxiliary inlet and the auxiliary outlet; and a pilot flap movable between a state of obturation of the auxiliary inlet and a state of obturation of the auxiliary outlet and for driving the main flap towards the open position, wherein the solenoid valve being able is configured to receive the fluid, and wherein the fluid is cryogenic propellant in a single-phase liquid state, a single-phase gas state: or a two-phase liquid and gas state.
First, as it was noted in the Specification section above, notice the use of the term “flap” in “main flap” and “pilot flap” throughout the Abstract, the Specification and the Claims. The term “flap” is usually defined as “something that is broad or flat and usually thin and flexible and that hangs loose or projects freely such as a piece on a garment that hangs free, a part of a book jacket that folds under the book's cover, a piece of tissue partly severed from its place of origin for use in surgical grafting, an extended part forming the closure (as of an envelope or carton), etc.”. In the art of valves, “a flap/flapper valve” is typically a pivoting type of valve wherein the valve member/flap has a hinge on one end such that when the valve is actuated, the valve member/flap pivots about the hinge. The most common example of one is the flapper valve within a toilet’s water tank which is controlled by a float. As best understood by the Office, applicant’s invention is directed to a piloted solenoid valve comprising a main valve 20 and a pilot valve 28 wherein the pilot valve 28 is actuated by an electromagnetic actuator (not shown) and the main valve is opened using pressure differential between both sides of the main valve allowing the large main valve to be opened using a small electromagnetic actuator via the actuation of the smaller pilot valve nested within the main valve. Notice in at least Fig. 1 that both the main flap 20 and the pilot flap 28 are piston lift-type valves and they do not appear to “pivot or hang loose” or are “flap-like”.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “flap” in “main flap” and “pilot flap” in claim 1-15 appears to be used by the claims to mean “valve” while the accepted meaning is “something that is broad or flat and usually thin and flexible and that hangs loose or projects freely such as a piece on a garment that hangs free, a part of a book jacket that folds under the book's cover, a piece of tissue partly severed from its place of origin for use in surgical grafting, an extended part forming the closure (as of an envelope or carton), etc.” or “a pivoting flapper valve”. The term is indefinite because the specification does not clearly redefine the term. In order to expedite prosecution, the Office will assume that the term “flap” means “valve”. The Office suggests that either the term “flap” is amended in the Specification, the Abstract and the Claims, to what appears to be the true intention of the term such as by amending it to “valve” or that the Specification is amended to explicitly redefine the term “flap”.
Second, notice the limitation of “wherein the solenoid valve being able is configured to receive the fluid, and wherein the fluid is cryogenic propellant in a single-phase liquid state, a single-phase gas state: or a two-phase liquid and gas state”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “fluid”, and the claim also recites “single-phase liquid state, a single-phase gas state, or a two-phase liquid and gas state” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
---Claim 4 recite the following:
4. The solenoid valve according to claim 1, wherein the pilot flap is in a bore of the main flap, the radial displacement of the pilot flap in the bore maintaining the sealing of the obturation of the auxiliary inlet or of the auxiliary outlet.
First notice the lack of antecedent basis for the limitation “the radial displacement of the pilot flap” (see the Claim Objection section above). Second, as best understood by the Office and as shown in at least Fig. 1, both the main flap/valve 20 and the pilot flap/valve 28 are cylindrical/piston-like structures that reciprocate within body 12. Usually the term “radial” in this context is directed to the circumferential direction of these valves which is shown in the drawings as being the horizontal direction of Fig. 1 whereas the “axial” direction is directed to the longitudinal direction of these valves which is shown in the drawings as being the vertical direction of Fig. 1. Notice that both the main flap/valve 20 and the pilot flap/valve 28 reciprocate or are displaced in the axial/vertical direction and the pilot flap/valve 28 does not appear to move/displace in the radial/horizontal direction as it appears to be claimed. As such, it is unclear and indefinite what the applicant is attempting to claim in this limitation since the pilot flap/valve 28 does not appear to be intended to or capable of displacing in what would typically be understood to be the radial/horizontal position unless the applicant is attempting to redefine the term “radial” to mean “axial”. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term is indefinite because the specification does not clearly redefine the term. Additionally, assuming that the applicant is attempting to claim “axial displacement” it is unclear what is the applicant attempting to claim by the limitation of the radial/axial displacement of the pilot flap maintaining the sealing of the obturation of the auxiliary inlet or of the auxiliary outlet. Is the applicant attempting to claim that the pilot valve 28 maintains the seal with either the auxiliary inlet or of the auxiliary outlet as it aids in driving the axial displacement of the main valve 20 or is the applicant attempting to claim a specific shape of the pilot valve such as Fig. 2 where the pilot valve 28 does not include a duct 29 and as such maintain sealing? The Office will assume that the pilot valve is within bore 24 is capable of axially displacing in the bore to seal either the auxiliary inlet 22 or the auxiliary outlet 24 when it is actuated by the electromagnetic actuator. The Office requests clarification on what the Applicant(s) regard as their invention and that the claim(s) is/are amended to clarify Applicant's position.
---Claims 7 and 10 recite the following:
7. The solenoid valve according to claim 6, wherein the auxiliary inlet is in the piston and the auxiliary outlet is in the actuating rod.
10. The solenoid valve according to claim 9, wherein the auxiliary inlet is in the actuating rod and the auxiliary outlet is in the piston.
First, notice the lack of antecedent basis with the limitations “the actuating rod”. Second, the way the claim is written it is unclear how “the actuating rod” is related to the rest of the previously claimed components. Is the actuating rod a part of or related to a previously claimed component or a distinct component unrelated to the those previously recited? It is noted that other claims such as claims 12 and 15 clarify that “the main flap comprises an actuating rod connecting the piston to the obturator” which links the actuating rod as being part of the main flap.
As such, the Office suggests that claims 7 and 10 are amended to properly provide antecedent basis for the limitations and linking the structure to the rest of the previously claimed structure as follows:
7. The solenoid valve according to claim 6, wherein the main flap comprises an actuating rod connecting the piston to the obturator and wherein the auxiliary inlet is in the piston and the auxiliary outlet is in the actuating rod.
10. The solenoid valve according to claim 9, wherein the main flap comprises an actuating rod connecting the piston to the obturator and wherein the auxiliary inlet is in the actuating rod and the auxiliary outlet is in the piston.
---Claim 14 recite the following:
14. An equipment with a solenoid valve according to claim 1, the equipment being an aerospace or aeronautical equipment, such as a space launcher or an aircraft turbomachine.
Regarding claim 14, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Similarly, notice the limitations “the equipment being an aerospace or aeronautical equipment, such as a space launcher or an aircraft turbomachine”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 14 recites the broad recitation “an equipment”, and the claim also recites “an aerospace or aeronautical equipment” and “such as a space launcher or an aircraft turbomachine” which is/are the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is/are (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
---Claim(s) 2-15, being dependent on any of the preceding claim(s) above, inherit the same deficiencies as the parent/intervening claim(s) and as such is/are rejected in the same manner, see the rejection(s) above.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 and 12-14 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Scanderbeg US-4746093.
Regarding claims 1-10 and 12-15, as best understood by the Office, Scanderbeg US-4746093 teaches in Figs. 1-4 (see at least Fig. 1) the limitations of:
---Claim 1. A solenoid valve (see the piloted solenoid valve of Figs. 1-4), comprising: a body (body 1) with a main fluid inlet (inlet 3), a main fluid outlet (outlet 4), and a main passage (see the fluid passage at least partially defined within chamber 2) connecting the main inlet to the main outlet; a main flap with an obturator (see the surface of the main valve that engages with valve seat 4’), the main flap (lid/valve 5) being movable between a position of obturation of the main passage by the obturator (see at least Fig. 1, showing the closed position) and a position of opening of the main passage (see at least Figs. 3-4 showing the opened position), the main flap having an auxiliary fluid inlet (bore 11) in communication with the main inlet and an auxiliary fluid outlet (passage 6) in communication with the main outlet; an intermediate chamber (chamber 72) connecting the auxiliary inlet and the auxiliary outlet; and a pilot flap (pilot lid/valve 8) movable between a state of obturation of the auxiliary inlet (see at least Figs. 2-3 showing the inlet-closed position of the pilot valve) and a state of obturation of the auxiliary outlet (see at least Figs. 1 and 4 showing the outlet-closed position of the pilot valve) and for driving the main flap towards the open position (see Figs. 1-4), wherein the solenoid valve being able is configured to receive the fluid (see Figs. 1-4), and wherein the fluid is cryogenic propellant in a single-phase liquid state, a single-phase gas state: or a two-phase liquid and gas state (the working fluid is not given patentable weight since inclusion of the material/article handled-by or worked-upon-by the apparatus being claimed, in this case “fluid” and “wherein the fluid is cryogenic propellant in a single-phase liquid state, a single-phase gas state: or a two-phase liquid and gas state”, does not impart patentability to the claims. See MPEP 2115).
---Claim 2. The solenoid valve according to claim 1, wherein the pilot flap is further configured to drive the main flap towards the position of obturation of the main passage (see at least Figs. 1-4, notice that engagement of the pilot valve with the second valve seat 6’ aids driving the main valve into the closed position).
---Claim 3. The solenoid valve according to claim 1, wherein the pilot flap is configured to drive the main flap: towards the open position by biasing on a surface of the main flap or towards the obturate position by biasing on another surface of the main flap (see at least Figs. 1-4, notice that engagement of the pilot valve with the second valve seat 6’ aids driving the main valve into the closed position and engagement of the pins 40 of the pilot valve with the main valve aids driving the main valve into the opened position).
---Claim 4. The solenoid valve according to claim 1, wherein the pilot flap is in a bore (see chamber 71) of the main flap, the radial displacement of the pilot flap in the bore maintaining the sealing of the obturation of the auxiliary inlet or of the auxiliary outlet (as best understood by the Office, axial movement of the pilot valve selectively seals either the auxiliary inlet 11 or the auxiliary outlet 6 to hydraulically aid in the operation of the main valve via the actuation of the pilot valve in a similar manner as applicant’s invention).
---Claim 5. The solenoid valve according to claim 1, the axial displacement of the pilot flap (stroke a) is less than the axial displacement of the main flap (stroke b, see at least Figs. 1-4).
---Claim 6. The solenoid valve according to claim 1, further comprising an enclosure (guide sleeve 21), the main flap comprising a piston (the outer cylindrical sliding within sleeve 21) movable in the enclosure and separating the intermediate chamber from the main inlet within the enclosure (see at least Figs. 1-4).
---Claim 7. The solenoid valve according to claim 6, wherein the auxiliary inlet is in the piston and the auxiliary outlet is in the actuating rod (the portion having the passage 6, see at least Fig. 1).
---Claim 8. The solenoid valve according to claim 7, wherein the main flap is driven towards the open position of the main passage with the pilot flap in the state of obturation of the auxiliary inlet and by draining the intermediate chamber towards the main outlet (see at least Figs. 1-4, notice that the device of Scanderbeg functions in a similar manner as applicant’s invention).
---Claim 9. The solenoid valve according to claim 1, further comprising an enclosure (guide sleeve 21), the main flap comprising a piston (in a first interpretation of the claim, the portion of the main flap including at least a portion of the passage 6; in a second interpretation of the claim, the outer cylindrical sliding within sleeve 21) movable in the enclosure and separating the intermediate chamber from the main outlet within the enclosure (see at least Figs. 1-4).
---Claim 10. The solenoid valve according to claim 9, wherein the auxiliary inlet is in the actuating rod (the outer cylindrical sliding including passage 11) and the auxiliary outlet is in the piston (in the first interpretation of the intervening claim 9, see at least Figs. 1-4).
---Claim 12. The solenoid valve according to claim 6, wherein the main flap comprises an actuating rod (the intermediate portion of the main valve between the piston portion and the obturating portion of the valve that engages with valve seat 4’) connecting the piston to the obturator.
---Claim 13. The solenoid valve according to claim 1, comprising an electromagnetic actuator (30 and 31) with a solenoid (magnetic winding 31) and a ferromagnetic core (magnet armature 30) actuated by the magnetic flux of the solenoid, the pilot flap being actuated by the core (see at least Figs. 1-4).
---Claim 14. An equipment with a solenoid valve according to claim 1, the equipment being an aerospace or aeronautical equipment, such as a space launcher or an aircraft turbomachine (as best understood by the Office, see the 112b rejection above, and under the Broadest Reasonable Interpretation, BRI, of the claims, the piloted solenoid valve of Scanderbeg is part of a control valve of a fluidic system such as those used in vapor/steam generators and as such any fluidic system to which the solenoid valve is applied to for controlling its fluid flow can be considered to be “an equipment”).
---Claim 15. The solenoid valve according to claim 9, wherein the main flap comprises an actuating rod (the intermediate portion of the main valve between the piston portion and the obturating portion of the valve that engages with valve seat 4’) connecting the piston to the obturator (in the second interpretation of intervening claim 9, see at least Figs. 1-4).
Allowable Subject Matter
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art are:
---References A (Solenoid Pilot Valves):
Feng US-12618488, Kim US-12535150, Schulze US-12510183, Kristensen US-12435812, Gang US-12338913, Feng US-12338910, Zieger US-12152690, Nogushi US-12098778, Kwon US-11739856, Numazaki US-11448329, Uchiyama US-10844973, Frippiat US-10760707, Borja US-10527069, Hwang US-10480677, Frippiat US-10208873, Dinerman US-10197186, Vandenplas US-9995410, Zeiner US-9664300, Tonegawa US-9285046, Hilzendegen US-8960639, Nagata US-8870152, Biener US-7392971, Boke US-6682316, Koyama US-6390441, Birkelund US-6293513, Kalin US-5564674, Wells US-5048790, Eldredge US-4793589, Scanderbeg US-4746093, Wells US-4699351, Kolchinsky US-4540154, Champeon US-3797526, Keller US-3405906,
Murray US-20200109796, Kodama US-20030160197,
Shepherd GB-2276222, Herion DE-1940896, Constable GB-1196505, Mitschka DE-1262709, Imobersteg DE-1259160, Ruchser DE-1168725, Imobersteg FR-1305081, Neyrpic FR-1280661, Mueller DE-1013479, Delile EP-3096053 and Simeon EP-3026310.
---References B (Valves for cryogenic propellants and/or aerospace applications):
Vandenplas US-9995410, Christensen US-7357367,
Reinicke US-20070215833 and
Delile EP-3096053.
As best understood by the Office, References A teaches of various examples of pilot operated solenoid valves which are a type of solenoid valve usually comprising a main valve and a pilot valve nested within the main valve, wherein the pilot valve is actuated via the solenoid actuator which changes fluid pressure acting on the main valve and based on the fluid pressure differential, the main valve is actuated via hydraulics forces. This type of solenoid valves allows reducing the size of the electromagnetic actuator relative to the main valve since the main motive force for the main valve is provided by fluid pressure, whereas the force provided by the electromagnetic actuator is merely used to create the pressure differential and, in some cases, assist in combination with the main motive force which is similar to applicant’s main invention. References B teaches of examples of valves used in the aerospace industry for controlling the flow of cryogenic propellants such as those use in space launchers similar to a feature of the claimed invention. Among References A, Vandenplas US-9995410, Scanderbeg US-4746093 and Imobersteg FR-1305081 showing examples of pilot operated solenoid valves with similar structure and function as applicant’s main invention. In particular, as noted in the rejections above, Scanderbeg US-4746093 teaches of a pilot operated solenoid valve wherein the pilot valve selectively blocks either the pilot/auxiliary inlet or the pilot/auxiliary outlet and as well aids in driving the actuation of the main valve. However, the way claim 11 is structured, it requires a vastly different structure for the main inlet, the main outlet, the auxiliary inlet, the auxiliary outlet, how the main valve moves and seals and how the pilot valve is arranged to allow the main valve “to be driven towards the open position of the main passage with the pilot valve in the state of obturation of the auxiliary outlet and by filling the intermediate chamber from the main inlet” as compared to the teaching of Scanderbeg which would require extensive reconstructing of the prior art without any gaining advantage in doing so other than hindsight to achieve the claimed invention. As such, the closest prior art fails to disclose or render obvious the particular structure and function of the solenoid valve 10 having the body 12, the main fluid inlet 14, the main fluid outlet 16, the main passage 18, the main flap/valve 20, the obturator 38, the auxiliary fluid inlet 22, the auxiliary fluid outlet 24, the intermediate chamber 26, the pilot flap/valve 28, the enclosure 44, the piston 42, the actuating rod 40 and “wherein the main flap is driven towards the open position of the main passage with the pilot flap in the state of obturation of the auxiliary outlet and by filling the intermediate chamber from the main inlet” in combination with all the limitations as claimed in claim 11 and as shown in at least Figs. 3-4 of the application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID COLON-MORALES, whose telephone number is 571-270-1741 and fax number is 571-270-2741. If the applicant has authorized internet communications via the filling of form PTO/SB/439, the examiner can be reached via email at david.colon-morales@uspto.gov , email communication is not permitted if the applicant has not filed an authorization for internet communication (see MPEP 502.03 for more details on internet communications). The examiner can normally be reached on Monday-Friday (7:30AM-3:30PM EST).
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 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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/DAVID COLON-MORALES/Primary Examiner, Art Unit 3753
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