Prosecution Insights
Last updated: October 02, 2026
Application No. 19/188,192

MODULAR VALVE APPARATUS AND SYSTEM

Non-Final OA §102§103
Filed
Apr 24, 2025
Priority
Jul 09, 2013 — provisional 61/844,202 +5 more
Examiner
BALLMAN, CHRISTOPHER D
Art Unit
3753
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
DEKA Products Limited Partnership
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
376 granted / 488 resolved
+7.0% vs TC avg
Strong +21% interview lift
Without
With
+20.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
25 currently pending
Career history
517
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
30.5%
-9.5% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 488 resolved cases

Office Action

§102 §103
DETAILED ACTION Non-Final Rejection 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 without traverse of Claims 1-5 in the reply filed on 13 August 2026 is acknowledged. Claim Objections Claim 2 is objected to because of the following informalities: the word “of” in line 1 does not appear to be necessary in the claim and a period is required at the end of the claim. 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. Claims 1-2 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ankney (U.S. Patent 5,734,310). Regarding claim 1, Ankney discloses a valve assembly 10 comprising: a valve cavity 40 having at least a first inlet 30 and at least a first outlet 34; a shuttle 38 within said valve cavity configured to move linearly (horizontally in FIG. 1 orientation) from a first position (38 moved left in FIG. 1 such that 42 is in contact with 28) blocking said at least first inlet to a second position (FIG. 1) allowing the at least first inlet to fluidly communicate with the valve cavity; and a molded insert (See annotated Image below) having an outer wall configured to conform to an inner wall of the valve cavity, and having an inner wall configured to surround the shuttle and permit the shuttle to move from the first position to the second position (FIG. 1; Col. 3 ln 20-Col. 4 ln 16). Annotated Image (FIG. 1) PNG media_image1.png 462 763 media_image1.png Greyscale Regarding FIG. 2, Ankney discloses the shuttle is actuated electromagnetically, magnetically, or through a biasing force applied by a spring (FIG. 1; Col. 3 ln 51-65). Regarding claim 5, Ankney discloses the molded insert having an outlet orifice (right side of insert in FIG. 1) configured to fluidly communicate with a fluid outlet of the valve cavity (FIG. 1). Claim Rejections - 35 USC § 103 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. 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. Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Ankney in view of Gagnebin (U.S. Patent 5,235,324). Regarding claim 3, Ankney discloses the claimed invention substantially as claimed, as set forth above from claim 1. Ankney is silent regarding the molded insert is manufactured from an elastomeric or plastic material that reduces acoustical noise generated by movement of the shuttle. However, Gagnebin teaches a molded insert 7 manufactured from an elastomeric (silicone) or plastic material that reduces acoustical noise generated by movement of the shuttle (FIG. 1; Col. 3 ln 10-14). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Ankney by manufacturing the insert from an elastomeric material, as taught by Gagnebin, for the purpose of providing a durable material that will robustly seal the flowpath while not causing interference with the electromagnet. Regarding claim 4, Ankney discloses the claimed invention substantially as claimed, as set forth above from claim 1. Ankney further discloses the molded insert having an inlet orifice (left side of insert in FIG. 1) configured to mate with the first inlet of the valve cavity (FIG. 1) and to be interposed between the first inlet of the valve cavity and a first face (left side of 38) of the shuttle (moving along the x-axis, in the FIG. 1 orientation, as one travels from left to right the inlet orifice is right of the inlet of the valve cavity and left of the first face of the shuttle, therefore along the x-axis, the inlet orifice is interposed between the first inlet of the valve cavity and the first face of the shuttle) (FIG. 1). However, to more align with the intent of the current application, Gagnebin teaches the insert 7 curves around the edge of the first inlet such that it is physically positioned between the end of the first inlet and the first face of the shuttle to limit contact between the inlet and the obturator 9 (shuttle) (FIG. 1A, 1B). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Ankney by extending the insert so as to be positioned physically between the end of the inlet and the first face of the shuttle, as taught by Gagnebin, for the purpose of maintaining a robust seal when the shuttle is in the closed position while limiting the wear on the shuttle and inlet by dampening the contact between the two elements. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Heiman (U.S. Patent 3,809,123) discloses a magnetic valve assembly similar to the one disclosed in the present application. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D BALLMAN whose telephone number is (571)272-9984. The examiner can normally be reached Mon-Fri 6:00-3:00. 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 supervisor, Craig M 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTOPHER D BALLMAN/Examiner, Art Unit 3753 /CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
Read full office action

Prosecution Timeline

Apr 24, 2025
Application Filed
Sep 23, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12747797
VALVE DEVICE
3y 0m to grant Granted Sep 29, 2026
Patent 12736139
VALVE DEVICE
4y 0m to grant Granted Sep 15, 2026
Patent 12729593
VALVE CARTRIDGE
1y 2m to grant Granted Sep 08, 2026
Patent 12716524
AERODYNAMIC NOISE REDUCING ELEMENT AND CONTROL VALVE COMPRISING SAME
3y 1m to grant Granted Aug 25, 2026
Patent 12716508
FLUID CONTROL ASSEMBLY AND FABRICATION METHOD THEREFOR
2y 11m to grant Granted Aug 25, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
98%
With Interview (+20.7%)
2y 6m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 488 resolved cases by this examiner. Grant probability derived from career allowance rate.

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