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 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 1-3 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. For example the terms “that includes”, “which”, “that is”, “with the valve body interposed between”, and other terms read as narrative.
Regarding claim 1, the limitation “a third flow path that is communicated with the third inlet/outlet opening and has an opening at an opposite side from the third inlet/outlet opening” is unclear and indefinite. At an opposite side of what? Of the valve body? Of the valve element?
Regarding claim 1, the limitation “another unit” is unclear and indefinite. It is unclear and indefinite whether a second valve unit is being claimed or a second rotation drive unit. For examination purposes, the limitation will be read as a second valve unit.
Regarding claim 2, the claims recite two valve units, each having multiple inlet/outlet openings, however it is unclear and indefinite which inlet/outlet opening of which valve unit is being claimed. For instance, in claim 2, lines 3-7, “switching in another valve unit is possible between a state in which the opening of the valve element is communicated with the first inlet/outlet opening and a state in which the opening of the valve element is communicated with the second inlet/outlet opening while the opening of the valve element is communicated with the first inlet/outlet opening in the one valve unit” is unclear and indefinite because it is unclear and indefinite how many valve units are being claimed, as “another unit” is in claim 1; is the first inlet/outlet opening in line 4 referring to the first or second valve unit?
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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.
Claims 2 and 3 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 an examiner’s statement of reasons indicating allowable subject matter: the prior art of record neither discloses nor makes obvious the combinations set forth in the independent claim.
Regarding claim 1, Ikemoto et al. (U.S. 2020/0300375) discloses a flow path switching valve, comprising: a valve unit (1) including: a valve body (31) that includes a valve chest (300) formed inside the valve body (31), a first inlet/outlet opening (351) and a second inlet/outlet opening (352), through each of which a fluid is capable of entering or exiting, formed on a wall surface forming the valve chest (300), and a third inlet/outlet opening (301) formed on a bottom surface of the valve chest 300; a valve element (lower 41) that is rotatably disposed in the valve chest (300) and at which a flow path is formed; a first flow path that is communicated with the first inlet/outlet opening 351; a second flow path that is provided in parallel with the first flow path with the valve body (31) interposed between the first flow path and the second flow path and is communicated with the second inlet/outlet opening 352; and a third flow path that is communicated with the third inlet/outlet opening (301) and has an opening at an opposite side from the third inlet/outlet opening 301; and a rotation drive unit (50) that is connected to the valve unit (1) and rotates the valve element (lower 41) such that a communication state among the first inlet/outlet opening (351), the second inlet/outlet opening (352), and the third inlet/outlet opening (301) is selectively switched through the flow path of the valve element (lower 41), and two of the valve elements (lower 41, upper 41) are rotationally driven by the one rotation drive unit (50), and a range of an opening corresponding to the first inlet/outlet opening (351) and the second inlet/outlet opening (352) of the valve element (lower 41) of the one valve unit is different from a range of an opening corresponding to the other valve element (upper 41).
Ikemoto fails to disclose wherein to one valve unit, another unit is connected so as to overlap with the one valve unit at an opposite side from the rotation drive unit; a range of an opening corresponding to the first inlet/outlet opening and the second inlet/outlet opening of the valve element of another valve unit in combination with the other limitations of the independent claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. O’Coin (U.S. 2021/0404566) discloses a flow path switching valve comprising a valve unit including a valve body with a valve chest inside the valve body; first, second, and third, inlet/outlet openings; a valve element having a flow path; a drive unit that rotates the valve element; a second valve unit connected to the first valve unit and a second valve element drive by the drive unit.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Craig Schneider can be reached at (571)-272-3607 or Kenneth Rinehart can be reached at 571-272-4881.. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KELSEY E CARY/Primary Examiner, Art Unit 3753
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