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 .
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 “more inflow ports” in claims 1 and 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are further objected to because MPEP 608.02V(m) states that shading should only be used to indicate “the surface or shape of spherical, cylindrical, and conical elements of an object” and only when necessary to aid in the understanding of the invention without reducing legibility. Majority of the drawings include shading which does not enhance understanding and further reduces legibility.
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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of U.S. Patent No. 12,632,071. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of U.S. Patent No. 12,632,071 anticipate Application claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18. Accordingly, claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 are not patentability distinct from 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of U.S. Patent No. 12,632,071.
Please note differences between the claims are bolded.
Here, U.S. Patent No. 12,632,071 claim 1 requires:
A valve for controlling pressure of a liquid flowing through a conduit, the valve comprising:
a body having an inflow port at an inlet end and having an opening at an outlet end;
a shaft having a shaft arm and a shaft head, the shaft head having a top surface and a bottom surface;
a first spring disposed around the shaft arm and contacting the bottom surface of the shaft head;
a second spring disposed around the shaft arm and within an interior space of the first spring;
a bushing; and
a top shaft guide having one or more outflow ports;
wherein the bushing is secured to or at least partially positioned within the top shaft guide forming a bushing-shaft guide assembly;
wherein the shaft is disposed within the body such that the shaft head is positioned between the inflow port and the bushing-shaft guide assembly;
wherein the first spring has a greater free length than the second spring such that, during inward movement of the shaft head, the first spring compresses prior to engagement and compression of the second spring;
wherein, after the first spring is compressed to a predetermined extent corresponding to a calibrated tension, the second spring engages and compresses along with the first spring to create a second pressure stage;
wherein transition between a first pressure stage and the second pressure stage occurs automatically in response to pressure without manual adjustment.
While Application claim 1 requires:
A valve comprising:
a body having one or more inflow ports at an inlet end and having an opening at an outlet end;
a shaft having a shaft arm and a shaft head, the shaft head having a top surface and a bottom surface;
a first spring; a second spring;
a bushing; and
a top shaft guide having one or more outflow ports;
wherein the first spring disposed around the shaft arm and the second spring disposed around the shaft arm;
wherein the bushing secured to or at least partially positioned within the top shaft guide forming a bushing-shaft guide assembly;
wherein the shaft disposed within the body; and
wherein the bushing-shaft guide assembly disposed within the body, such that the shaft head disposed therebetween the one or more inflow ports and the bushing-shaft guide assembly.
Here, U.S. Patent No. 12,632,071 claim 9 requires:
A liquid pressure control valve comprising:
a body having an inflow port at an inlet end and having an opening at an outlet end and an internal retaining groove near the outlet end;
a shaft having a shaft arm and a shaft head;
a first spring disposed around the shaft arm;
a second spring disposed around the shaft arm and within an interior space of the first spring;
a bushing;
a top shaft guide having one or more outflow ports; and
a retaining clip disposed within the retaining groove;
wherein the bushing is secured to or at least partially disposed within the top shaft guide forming a bushing shaft guide assembly;
wherein the shaft head is positioned between the inflow port and the bushing-shaft guide assembly;
wherein the first spring has a greater free length than the second spring such that compression of the first spring occurs before engagement of the second spring;
wherein the second spring becomes operational only after the shaft travels a predetermined distance;
wherein the retaining clip prevents the shaft, the first spring, the second spring and the bushing shaft guide assembly from exiting the body.
While Application claim 8 requires:
A valve comprising:
a body having one or more inflow ports at an inlet end and having an opening at an outlet end and an internal retaining groove near the outlet end;
a shaft having a shaft arm and a shaft head, the shaft head having a top and a bottom;
a first spring having a calibrated tension and disposed around the shaft arm;
a second spring disposed around the shaft arm and within an interior space of the first spring;
a bushing;
a top shaft guide having one or more outflow ports; and
a retaining clip;
wherein the first spring disposed around the shaft arm and the second spring disposed around the shaft arm;
wherein the bushing secured to or at least partially disposed within the top shaft guide forming a bushing shaft guide assembly;
wherein the shaft disposed within the body;
wherein the bushing shaft guide assembly disposed within the body, such that the shaft head disposed therebetween the one or more inflow ports and the bushing shaft guide assembly; and
wherein the retaining clip disposed within the retaining groove to prevent the shaft, the first spring, the second spring and the bushing shaft guide assembly from being moved from their positions within the body and exit out of the body at the outlet end.
Here, U.S. Patent No. 12,632,071 claim 14 requires:
A method of controlling pressure of water flowing through a water line through real-time pressure control adjustments comprising:
a. providing a valve body having an internal passageway;
b. disposing a movable shaft within the internal passageway;
c. disposing a first compression spring around the shaft;
d. disposing a second compression spring around the shaft and within an interior space of the first compression spring;
e. allowing water to enter the valve body and act upon the shaft to move the shaft in a direction of water flow;
f. compressing the first compression spring in response to movement of the shaft to create a primary pressure stage;
g. after the first compression spring has been compressed to a predetermined extent corresponding to a calibrated tension, engaging and compressing the second compression spring to create a secondary pressure stage; and
h. automatically transitioning from the primary pressure stage to the secondary pressure stage in response to water pressure without manual adjustment.
While Application claim 12 requires:
A method of real-time pressure control adjustments comprising:
disposing a shaft inside a valve body such that a shaft head of the shaft is positioned at or near a fluid inlet end of the valve body;
disposing a first spring around a shaft arm portion of the shaft;
disposing a second spring around the shaft arm portion;
allowing fluid entering the valve body through the inlet end to contact the shaft head and moving the shaft inward in a direction of fluid flow;
compressing only the first spring until the water pressure of the fluid entering the valve has reached a certain or predefined threshold; and
compressing both the first spring and the second spring where the water pressure reaches or exceeds the certain or predefined threshold.
Thus, it is apparent that the more specific U.S. Patent No. 12,632,071 claims 1, 9, and 14 encompass Application claims 1, 8, and 12. Following the rationale in In re Goodman cited in the preceding paragraph, wherein Applicant has once been granted a patent containing a claim for the specific or narrower invention, Applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Note that since U.S. Patent No. 12,632,071 anticipates Application claims 1, 8, and 12, and since anticipation is the epitome of obviousness, then Application claims 1, 8, and 12 are obvious over U.S. Patent No. 12,632,071.
Similarly, claims 2, 3, 4, 5, 6, 7, 9, 10, 11, 13, 14, 15, 16, 17, and 18 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 2, 3, 4, 5, 6, 7, 11, 12, 13, 15, 16, 17, 18, 19, and 20, respectively for the same reason as set forth above.
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 12-18 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 claim 12, the limitations “the water pressure” in lines 8 and 10 are unclear and indefinite. The limitations are unclear and indefinite because the portions of the claim preceding “the water pressure” all reference “fluid” flow. It is unclear and indefinite if the water pressure is the same fluid or a different fluid. Therefore, the limitations will be examined as --the fluid pressure--. Furthermore, “the water pressure” in line 8 lacks antecedent basis.
Claims not specifically referenced are rejected as being dependent on a rejected base claim.
Claim Rejections - 35 USC § 102
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, 2, 6, 12, 14, and 15, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huffman (U.S. Patent No. 3,032,060).
Regarding claim 1, Huffman discloses:
A valve comprising:
a body (10, 33) having one or more inflow ports (bottom opening of 33, seen in Figure 2) at an inlet end (bottom as seen in Figure 2) and having an opening at an outlet end (top as seen in Figure 2; Col. 2, lines 16-32)
a shaft (16) having a shaft arm (54) and a shaft head (56), the shaft head (56) having a top surface and a bottom surface (see Figure 2; Col. 2, lines 58-69)
a first spring 18 (Col. 2, lines 5-15)
a second spring 20 (Col. 2, lines 5-15)
a bushing 24
a top shaft guide (22) having one or more outflow ports 59
wherein the first spring (18) disposed around the shaft arm (54) and the second spring (20) disposed around the shaft arm 54 (see Figure 2)
wherein the bushing (24) secured to or at least partially positioned within the top shaft guide (22) forming a bushing-shaft guide assembly 22, 24 (see Figure 2)
wherein the shaft (16) disposed within the body 10, 33 (see Figure 2)
wherein the bushing-shaft guide assembly (22, 24) disposed within the body (10, 33), such that the shaft head (56) disposed therebetween the one or more inflow ports (bottom opening of 33, seen in Figure 2) and the bushing-shaft guide assembly 22, 24 (see Figure 2)
Regarding claim 2, Huffman discloses:
wherein the body (10, 33) comprises one or more windows 36 (see Figure 4; Col. 2, lines 16-32)
Regarding claim 6, Huffman discloses:
wherein both the first spring (18) and the second spring (20) are freely disposed around the shaft arm 54
Regarding claim 12, Huffman discloses:
a method of real-time pressure control adjustments comprising:
disposing a shaft (16) inside a valve body (10, 33) such that a shaft head (56) of the shaft (16) is positioned at or near a fluid inlet end (bottom as seen in Figure 2) of the valve body 10, 33
disposing a first spring (18) around a shaft arm portion (54) of the shaft 16 (Col. 2, lines 5-15)
disposing a second spring (20) around the shaft arm portion 54 (Col. 2, lines 5-15)
allowing fluid entering the valve body (10, 33) through the inlet end (bottom as seen in Figure 2) to contact the shaft head (56) and moving the shaft (16) inward in a direction of fluid flow (Col. 3, lines 59-75)
compressing only the first spring (18) until a fluid pressure of the fluid entering the valve has reached a certain or predefined threshold (Col. 3, lines 37-75)
compressing both the first spring (18) and the second spring (20) where the fluid pressure reaches or exceeds the certain or predefined threshold (Col. 3, lines 37-75).
Regarding claim 14, Huffman discloses:
wherein the valve body (10, 33) comprising one or more windows (36), and further comprising the step of allowing portions of the fluid entering the inlet end (bottom as seen in Figure 2) of the valve body (10, 30) to exit the valve body (10, 30) through the one or more windows 36 (see Figure 2)
Regarding claim 15, Huffman discloses:
wherein the first spring (18) is longer than the second spring 20 (see Figure 4)
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 and 17, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Huffman in view of Ahrens (U.S. Patent No. 292,396).
Regarding claims 3 and 17, Huffman discloses the invention as essentially claimed, but fails to disclose wherein the first spring is conical in shape.
Ahrens teaches a valve with a conical spring (see Figure 2).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide wherein the first spring is conical in shape. Doing so would provide a more uniform resistance to the lift of the valve as it rises from its seat (page 1, lines 7-14), as taught by Ahrens.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huffman in view of Kelton et al. (U.S. 2021/0239229), in further view of VESCONITE BEARINGS (https://web.archive.org/web/20240719154749/https://www.vesconite.com/solutions/).
Regarding claim 4, Huffman discloses the invention as essentially claimed, but fails to disclose wherein the first spring and the second spring made from stainless steel 316-L, the bushing made from VESCONITE or another thermopolymer material and the top shaft guide made from stainless steel 316-L.
Kelton teaches a check valve wherein a spring (120) and a top shaft guide (110) is made from 316 stainless steel (see paragraphs 0046 and 0048).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide wherein the first spring and the second spring made from stainless steel 316-L and the top shaft guide made from stainless steel 316-L, as taught by Kelton. Doing so would provide a high strength, corrosion resistant spring and top shaft guide.
The combination fails to teach the bushing made from VESCONITE or another thermopolymer.
VESCONITE BEARINGS teaches a bushing made from VESCONITE.
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide the bushing made from VESCONITE. Doing so would provide wear resistance, as recognized by VESCONITE BEARINGS.
Claim(s) 5, 8-11, and 13, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Huffman in view of Smith, III et al. (U.S. 2017/0102085).
Regarding claim 5, Huffman discloses the invention as essentially claimed, but fails to disclose a retaining clip; wherein the body having an internal retaining groove near the outlet end, the retaining clip disposed within the retaining groove to prevent the shaft, the first spring, the second spring, and the bushing shaft guide assembly from being moved from their positions within the body and exiting out of the body at the outlet end.
Smith teaches a check valve comprising a retaining clip 429; wherein a body (412’) having an internal retaining groove near an outlet end (403’), the retaining clip (429) disposed within the retaining groove to prevent a shaft (454), spring (450), and a bushing shaft guide assembly (428) from being moved from their positions within the body (412’) and exiting out of the body (412’) at the outlet end 403’ (see Figure 4B; see paragraph 0048).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide a retaining clip; wherein the body having an internal retaining groove near the outlet end, the retaining clip disposed within the retaining groove to prevent the shaft, the first spring, the second spring, and the bushing shaft guide assembly from being moved from their positions within the body and exiting out of the body at the outlet end, as taught by Smith. Huffman discloses set screws 28, which perform the same function as a retaining clip. Using a retaining clip instead of the set screws would provide faster assembly with less parts.
Regarding claim 8, Huffman discloses a valve comprising: a body (10, 33) having one or more inflow ports (bottom opening of 33, seen in Figure 2) at an inlet end (bottom as seen in Figure 2) and having an opening at an outlet end (top as seen in Figure 2; Col. 2, lines 16-32); a shaft (16) having a shaft arm (54) and a shaft head (56), the shaft head (56) having a top and a bottom (see Figure 2; Col. 2, lines 58-69); a first spring (18) having a calibrated tension and disposed around the shaft arm 54 (Col. 2, lines 5-15); a second spring (20) disposed around the shaft arm (54) and within an interior space of the first spring 18 (see Figure 4; Col. 2, lines 5-15); a bushing 24; a top shaft guide (22) having one or more outflow ports 59; wherein the first spring (18) disposed around the shaft arm (54) and the second spring (20) disposed around the shaft arm 54; wherein the bushing (24) secured to or at least partially disposed within the top shaft guide (22) forming a bushing shaft guide assembly 22, 24 (see Figure 2); wherein the shaft (16) disposed within the body 10, 33 (see Figure 2); wherein the bushing shaft guide assembly (22, 24) disposed within the body (10, 33), such that the shaft head (56) disposed therebetween the one or more inflow ports (bottom opening of 33, seen in Figure 2) and the bushing shaft guide assembly 22, 24 (see Figure 2).
Huffman fails to disclose an internal retaining groove near the outlet end; a retaining clip; wherein the retaining clip disposed within the retaining groove to prevent the shaft, the first spring, the second spring and the bushing shaft guide assembly from being moved from their positions within the body and exit out of the body at the outlet end.
Smith teaches a check valve comprising an internal retaining groove (surrounding 429) near an outlet end (403’); a retaining clip 429; wherein the retaining clip (429) disposed within the retaining groove to prevent a shaft (454), spring (450), and a bushing shaft guide assembly (428) from being moved from their positions within the body (412’) and exiting out of the body (412’) at the outlet end 403’ (see Figure 4B; see paragraph 0048).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide an internal retaining groove near the outlet end; a retaining clip; wherein the retaining clip disposed within the retaining groove to prevent the shaft, the first spring, the second spring and the bushing shaft guide assembly from being moved from their positions within the body and exit out of the body at the outlet end, as taught by Smith. Huffman discloses set screws 28, which perform the same function as a retaining clip. Using a retaining clip instead of the set screws would provide faster assembly with less parts.
Regarding claim 9, Huffman as modified teaches the invention as essentially claimed, and further teaches wherein the second spring (20) being shorter in length in an expanded configuration than the first spring (18) in its expanded configuration (see Figure 4).
Regarding claim 10, Huffman as modified teaches the invention as essentially claimed, and further teaches wherein the body (10, 33) having one or more windows 36 (see Figure 4; Col. 2, lines 16-32).
Regarding claim 11, Huffman as modified teaches the invention as essentially claimed, but fails to teach wherein the calibrated tension being about 30 psi - 55 psi.
At the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to provide wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi, because Applicant has not disclosed that having wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi, provides an advantage, is used for any particular purpose, or solves any stated problem. One of ordinary skill in the art, furthermore, would have expected Huffman’s valve, and applicant’s invention, to perform equally well with the tension taught by Huffman or the claimed tension because both tensions would perform the same function of controlling when the valve opens.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi, because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Huffman.
Regarding claim 13, Huffman discloses the invention as essentially claimed, and further discloses the valve comprising a bushing-shaft guide assembly (22, 24) disposed within the valve body (10, 30) near the outlet end.
Huffman fails to disclose wherein the body having an internal retaining groove at an outlet end; where the method further comprising the step of inserting a retaining clip in the retaining groove for maintaining the first spring, the second spring, the shaft and b ush- shaft guide assembly within the body.
Smith teaches a check valve comprising wherein the body having an internal retaining groove (surrounding 429) at an outlet end (403’); wherein the method further comprises the step of inserting a retaining clip (429) in the retaining groove for maintaining the spring (450), the shaft (454), and the bush-shaft guide assembly (428) within the body 412’ (see Figure 4B; see paragraph 0048).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide wherein the body having an internal retaining groove at an outlet end; where the method further comprising the step of inserting a retaining clip in the retaining groove for maintaining the first spring, the second spring, the shaft and b ush- shaft guide assembly within the body, as taught by Smith. Huffman discloses set screws 28, which perform the same function as a retaining clip. Using a retaining clip instead of the set screws would provide faster assembly with less parts.
Claim(s) 7, 16, 18, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Huffman.
Regarding claim 7, Huffman discloses the invention as essentially claimed, but fails to disclose wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi.
At the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to provide wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi, because Applicant has not disclosed that having wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi, provides an advantage, is used for any particular purpose, or solves any stated problem. One of ordinary skill in the art, furthermore, would have expected Huffman’s valve, and applicant’s invention, to perform equally well with the tension taught by Huffman or the claimed tension because both tensions would perform the same function of controlling when the valve opens.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi, because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Huffman.
Regarding claim 16, Huffman as modified teaches the invention as essentially claimed, and further teaches wherein the first spring is thicker than the second spring.
At the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to provide wherein the first spring is thicker than the second spring, because Applicant has not disclosed that having wherein the first spring is thicker than the second spring, provides an advantage, is used for any particular purpose, or solves any stated problem. One of ordinary skill in the art, furthermore, would have expected Huffman’s valve, and applicant’s invention, to perform equally well with the thickness taught by Huffman or the claimed thickness because both thicknesses would perform the same function of controlling when the valve opens.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide wherein the first spring is thicker than the second spring, because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Huffman.
Regarding claim 18, Huffman as modified teaches the invention as essentially claimed, but fails to teach wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi.
At the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to provide wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi, because Applicant has not disclosed that having wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi, provides an advantage, is used for any particular purpose, or solves any stated problem. One of ordinary skill in the art, furthermore, would have expected Huffman’s valve, and applicant’s invention, to perform equally well with the tension taught by Huffman or the claimed tension because both tensions would perform the same function of controlling when the valve opens.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Huffman to provide wherein the first spring having a calibrated tension, the calibrated tension being about 30 psi - 55 psi, because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Huffman.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Trulear et al. (U.S. 2021/0048113) discloses a check valve comprising a body having an inlet, a shaft with a shaft arm and shaft head; a first spring; a bushing within a top shaft guide; wherein the spring is around the shaft arm. Schlarman et al. (U.S. 2017/0101937) discloses a check valve with two springs. Edgeworth (U.S. 2014/0182717) discloses a check valve with multiple openings in the outlet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E CARY whose telephone number is (571)272-9427. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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.
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/KELSEY E CARY/Primary Examiner, Art Unit 3753
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