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 § 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) 1-12, 14-18 and 20 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Cornelius (US 2,673,062), which discloses:
1. A poppet for use in a valve assembly, comprising:
a nose portion (42, 43, 45);
ring portion (55); and
a plurality of walls (49, 50), the plurality of wall connecting the ring portion to the nose portion (via 46, 51, 56), wherein the plurality of walls define a first plurality of independent openings located between the nose portion and the ring portion (the four outer 90 degree openings between the walls, at the upstream side thereof, as can be appreciated from FIG 1, where the flow occurs around head 42 and then into flow path 61 through the four 90 degree openings between walls 49, 50, analogous to Applicant’s openings 18).
2. The poppet as in claim 1, wherein the nose portion is curved or conical in shape to provide a sealing surface (43 is conical).
3. The poppet as in claim 1, wherein the first plurality of independent openings are located at sides of the poppet (they are on the top, bottom, left and/or right of the outside diameter of the poppet).
4. The poppet as in claim 1, wherein each of the first plurality of independent openings are fluidly isolated from each other (by virtue of the walls therebetween).
5. The poppet as in claim 1, wherein each of the plurality of walls extend from the ring portion until they reach an inner surface of the nose portion (as can be appreciated from FIG 3, walls 49, 50 connect ring 55 to the inner surface of nose portion 42).
6. The poppet as in claim 5, wherein the plurality of walls are spaced from each other such that a second plurality of independent openings are defined between the plurality of walls and the ring portion (the four 90 degree flow paths between the walls and the inside of the ring, i.e., at the downstream side of the walls, as can be appreciated from FIG 1, proximate to where the walls are received within slots 57, 57 of the ring; analogous to Applicant’s second openings 20).
7. The poppet as in claim 6, wherein a plurality of independent fluid flow paths through the poppet are defined by the first plurality of independent openings and the second plurality of independent openings (the flow paths extend along the axial lengths of walls 49, 50 in the flow direction from the first openings to the second openings).
8. The poppet as in claim 1, wherein the plurality of walls are spaced from each other such that a second plurality of independent openings are defined between the plurality of walls and the ring portion (the four 90 degree flow paths between the walls and the inside of the ring, i.e., at the downstream side of the walls, as can be appreciated from FIG 1, proximate to where the walls are received within slots 57, 57 of the ring; analogous to Applicant’s second openings 20).
9. The poppet as in claim 8, wherein a plurality of independent fluid flow paths through the poppet are defined by the first plurality of independent openings and the second plurality of independent openings (the flow paths extend along the axial lengths of walls 49, 50 in the flow direction between the first openings and the second openings), each of the plurality of independent fluid flow paths through the poppet are fluidly isolated from each other (by virtue of the walls therebetween).
10. The poppet as in claim 1, wherein an outer periphery of the ring portion is greater than an outermost periphery of the nose portion (as shown in FIG 1).
11. The poppet as in claim 1, wherein the plurality of walls are equally spaced from each other at an outer periphery of the poppet (as can be appreciated from FIG 3, they are spaced at 90 degree intervals).
12. The poppet as in claim 1, wherein the plurality of walls are spaced from each other such that a second plurality of independent openings are defined between the plurality of walls and the ring portion (the four 90 degree flow paths between the walls and the inside of the ring, i.e., at the downstream side of the walls, as can be appreciated from FIG 1, proximate to where the walls are received within slots 57, 57 of the ring; analogous to Applicant’s second openings 20) such that the first plurality of independent openings comprise four independent equally sized openings (there are four 90 degree openings at the upstream side of the walls) and the second plurality of independent openings comprise four independent equally sized openings (four 90 degree openings at the downstream side of the walls).
14. A valve assembly for fluid flow therethrough, comprising: a housing (10, 67, 12) defining an inner cavity (the space inside thereof), the housing having a wall portion (10; alternatively 10 and 67) extending from an end portion (67 and 12; alternatively 12) of the housing, the wall portion and the end portion defining the inner cavity;
a poppet, the poppet including:
a nose portion (42, 43, 45);
ring portion (55); and
a plurality of walls (49, 50), the plurality of wall connecting the ring portion to the nose portion (via 46, 51, 56), wherein the plurality of walls define a first plurality of independent openings located between the nose portion and the ring portion (the four outer 90 degree openings between the walls, at the upstream side thereof, as can be appreciated from FIG 1, where the flow occurs around head 42 and then into flow path 61 through the four 90 degree openings between walls 49, 50, analogous to Applicant’s openings 18),
wherein the poppet is movably retained within the inner cavity of the housing for movement between a first position where the poppet seals an opening in the end portion of housing (the closed position of FIG 1) and at least a second position where the opening in the end portion of housing is not sealed by the poppet (the open position of FIG 4).
15. The valve assembly as in claim 14, further comprising: a biasing member (60) maintaining the poppet in the first position.
16. The valve assembly as in claim 14, wherein the valve assembly is a check valve (e.g., see Title).
17. The valve assembly as in claim 14, wherein the first plurality of independent openings are located at sides of the poppet (the four 90 degree openings at the top, bottom, left and right of the outside of the poppet) and each of the plurality of walls extend from the ring portion until they reach an inner surface of the nose portion (as can be appreciated from FIG 3, via slots 46, 47, 56, 57) and the plurality of walls are spaced from each other such that a second plurality of independent openings are defined between the plurality of walls and the ring portion (the four 90 degree flow paths between the walls and the inside of the ring, i.e., at the downstream side of the walls, as can be appreciated from FIG 1, proximate to where the walls are received within slots 57, 57 of the ring; analogous to Applicant’s second openings 20).
18. The valve assembly as in claim 17, wherein a plurality of independent fluid flow paths through the poppet are defined by the first plurality of independent openings and the second plurality of independent openings (fluid flows through the four quadrants from the upstream end of the walls to the downstream end of the walls).
Regarding claim 20, the claimed method steps would necessarily be performed during the normal and usual provision and operation of Cornelius’ device.
Claim Rejections - 35 USC § 103
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.
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) 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelius.
Cornelius discloses the invention as claimed with exception to the poppet being formed from a polymer, and an outwardly flared and a crimp portion of the wall as claimed. However it was well-known in the art before the effective filing date to form a poppet of polymer and to use an outwardly flared portion and a crimp portion as claimed, in order to create a durable poppet and a housing that is secure within another housing or for holding a seal similar to that disclosed by Cornelius. In order to create a more durable poppet and either secure Cornelius’ housing or a seal to the housing, it would have been obvious to form the poppet of a polymer and to use flared and crimp portions, respectively, as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 3,331,385 discloses a similar check valve with wall portions between a nose and ring, but which wall portions do not create distinct flow chambers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 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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/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
7/6/26
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