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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/26/2025 and 02/17/2026 was filed after the mailing date of the Application on 06/20/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0040], line 8; “arrow 90” should read --arrow 80--.
Appropriate correction is required.
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, 3, and 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Putnam (US 8,851,791).
With regards to claim 1:
Putnam discloses (refer to Fig. 1 below) a valve assembly (8) for use with and extending from an underside of a vented manhole cover assembly (40), the valve assembly operable between an open position, to enable gas to exit from the manhole, and a closed position, to prevent the flow of the fluid into the manhole, the valve assembly, comprising:
a valve body (2, 16) having a first opening (6) and a second opening (12) and a fluid passage (5) extending between the first and second openings;
a drain hole (19) extending through the valve body configured to allow fluid drain therethrough; and
a valve member (22) moveable between the open position and the closed position, such that in response to the fluid entering through the first opening (6), the valve member moves from the open position to the closed position to prevent the flow of the fluid into the manhole, and wherein in response to fluid draining through the drain hole (19), the valve member moves from the closed position to the open position.
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Fig. 1
With regards to claim 3:
Putnam discloses the valve assembly of claim 1, wherein the valve body (2, 16) is threadably secured to the manhole cover (40).
With regards to claim 5:
Putnam discloses the valve assembly of claim 1, wherein the valve member (22) is a check valve.
With regards to claim 6:
Putnam discloses the valve assembly of claim 1, further comprising a manhole cover protrusion (3) and a stem (4) extending from the manhole cover protrusion, the stem sized to fit within and through the vent opening (41) of the manhole cover (40) and wherein the stem is configured to attach to the valve body (16) such that when the stem is disposed within the vent opening, the valve body is aligned with the vent opening and secured to the manhole cover.
Claim(s) 1, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Putnam (US 9,605,403).
With regards to claim 1:
Putnam discloses (refer to Fig. 2 below) a valve assembly (8) for use with and extending from an underside of a vented manhole cover assembly (2), the valve assembly operable between an open position, to enable gas to exit from the manhole, and a closed position, to prevent the flow of the fluid into the manhole, the valve assembly, comprising:
a valve body (31, 38) having a first opening (34) and a second opening (33) and a fluid passage extending between the first and second openings;
a drain hole (39) extending through the valve body configured to allow fluid drain therethrough; and
a valve member (36) moveable between the open position and the closed position, such that in response to the fluid entering through the first opening (31), the valve member moves from the open position to the closed position to prevent the flow of the fluid into the manhole, and wherein in response to fluid draining through the drain hole (39), the valve member moves from the closed position to the open position.
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Fig. 2
With regards to claim 4:
Putnam discloses the valve assembly of claim 1, wherein the valve body is welded to the manhole cover (Column 5, lines 37-49).
Allowable Subject Matter
Claims 2, and 7-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 9-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose or render obvious “a second opening formed in the side surface of the valve body; a fluid passage extending between the first opening and the second opening; a drain aperture formed through the valve body and in fluid communication with the fluid passage; and a valve member disposed within the fluid passage and movable between an open position permitting gas flow through the fluid passage and a closed position blocking fluid flow through the second opening”, or “a second port in fluid communication with the internal chamber and oriented transverse to the first port; a drainage port extending from the internal chamber through the valve housing; and a valve element positioned within the internal chamber and movable between a first position allowing fluid to flow from the first port to the second port and a second position preventing fluid from flowing through the second port”, in combination with the other limitations set forth in the independent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Minh Le, whose telephone number is 571-270-3805. The examiner can normally be reached on Monday-Friday (8:30AM-5:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881 or Craig 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.
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/MINH Q LE/ Primary Examiner, Art Unit 3753
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