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 .
Election/Restrictions
Applicant's election with traverse of Species I, Figures 1-8 in the reply filed on 6/29/2026 is acknowledged. The traversal is on the ground(s) that there would not be a serious burden to examine all of the species. This is not found persuasive at least because there is a serious search burden as set forth in the restriction requirement mailed 5/11/2026. As previously set forth, the species require a different field of search such as employing different search strategies or search queries. It is noted that applicant’s arguments that the species differ “only in minor variants” are not persuasive because the claims set forth limitations to the different species (thereby indicating that the species are patentably distinct). Applicant has not traversed on the grounds that the species are patentably indistinct by submitting evidence that the species are obvious variants.
The requirement is still deemed proper and is therefore made FINAL.
It is noted that applicant has not identified the claims readable on the elected species I. After review of the claims, claims 4 and 5 recite features not found in Species I and therefore are withdrawn from consideration. Claims 1-5 remain pending and claims 1-3 are treated on their merits.
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.
Claim 1 recites the limitation "the other end" in line 21 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the other end" in line 10 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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 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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mueller (US Patent 2,510,514).
Regarding Claim 1, Mueller discloses a flow rate adjusting device comprising: a first member (plug 28) having a valve portion (plug 28 forms a valve portion), the valve portion 28 being formed in a circularly columnar shape (as shown in Figures 1 and 2) so as to extend along a first axis (axis through the center of 28; i.e. a vertical axis in Figure 1 extending through the center of 28); and a second member 10 having an accommodation hole (accommodation hole defined by seat 13), the accommodation hole being formed so as to extend along the first axis (as best shown in Figure 2) and having a circular cross section orthogonal to the first axis (as best shown in Figure 2), wherein the first member 28 is accommodated in the second member 10 rotatably about the first axis (rotatable via handle 30) with an outer circumferential face of the valve portion 28 and an inner circumferential face 13 of the accommodation hole being in contact with each other (as shown in Figure 2), wherein the second member 10 has an outflow channel 12, the outflow channel 12 being formed so as to extend along a second axis orthogonal to the first axis (as shown in Figures 1 and 2) and configured to guide a fluid from the inner circumferential face 13 of the accommodation hole to an outflow pipe connected to the second member (outflow pipe coupled to the threaded connection of 12), wherein the valve portion 28 has an inflow hole 34 into which a fluid flows, an outflow hole 35 configured to allow a fluid flowing in from the inflow hole 34 to flow out along a third axis (axis through port 12) orthogonal to the first axis (as shown in Figure 2), and at least one outflow groove 39 formed in the outer circumferential face (as shown in Figure 2, groove 39 formed in the outer circumferential face of 28) in a circumferential direction about the first axis from one end connected to the outflow hole 35 (as shown in Figure 2), wherein the outflow groove 39 forms a flow rate adjusting channel (as shown in Figure 2, the tapering groove 39 forms a flow rate adjusting channel) extending in the circumferential direction from the one end (the one end connected to outflow hole 35) to the other end (the opposite end of 39 from the outflow hole 35) between the outflow groove 39 and the inner circumferential face 13 of the accommodation hole and connecting the outflow hole 35 and the outflow channel 12 to each other (this occurs when the plug is rotated slightly from the position shown in Figure 2 in a counterclockwise direction), and wherein the sectional area of the flow rate adjusting channel (defined by groove 39) gradually decreases in accordance with a distance in the circumferential direction from the one end of the outflow groove (this is achieved via the tapering shape of the groove which tapers as a V shape as best shown with respect to grooves 36 and 37 in Figure 1).
Regarding Claim 2, Mueller further discloses the second member 10 has an inflow channel 11 formed so as to extend along the second axis (along the same axis as the outflow channel 12 as shown in Figure 2) and configured to guide a fluid from an inflow pipe (inflow pipe coupled to the threaded connection at the upstream end of 11) connected to the second member 10 to the inner circumferential face 13 of the accommodation hole, wherein the valve portion 28 has the inflow hole 34 into which a fluid flows along the third axis (the inflow hole 34 is aligned with the third axis extending through the outflow hole 35), and at least one inflow groove 37 formed in the outer circumferential face in the circumferential direction from one end connected to the inflow hole 34 (as shown in Figures 1 and 2), and wherein the inflow groove 37 forms a connection channel extending in the circumferential direction from the one end (the one end connected to hole 34) to the other end (end of 37 farthest from inflow hole 34) between the inflow groove 37 and the inner circumferential face 13 of the accommodation hole and connecting the inflow channel 11 and the inflow hole 34 to each other (this occurs when the plug is rotated slightly from the position shown in Figure 2 in a counterclockwise direction).
Regarding Claim 3, Mueller further discloses the sectional area of the connection channel (channel formed between groove 37 and the face 13 as described above) gradually decreases in accordance with a distance in the circumferential direction from the one end of the inflow groove 37 (this is achieved via the tapering shape of the groove which tapers as a V shape as best shown in Figure 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Eichhorn (US Patent Application 2024/0026982) teaches a plug valve (Figure 13) having first and second recesses 15 and 28. Donati et al. (US Patent 10,301,050) teaches a rotary valve having first and second recesses 56 and 57.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached on (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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/KEVIN F MURPHY/Primary Examiner, Art Unit 3753
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