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) 1-11 and 14-20 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Grant (US 5,188,017), which discloses:
1. An electromagnetically actuable flow control valve having a central longitudinal axis, comprising:
a valve part (10) having an inlet (22) and an outlet (14);
a valve seat (18) enclosing a main nozzle (the flow path therethrough) and arranged in flow terms between the inlet and the outlet in the valve part;
an armature (70) arranged to move linearly along the central longitudinal axis;
a coil (82) energized selectively to generate a magnetic field for moving the armature along the central longitudinal axis;
an armature preloading device (76);
a tappet (40) comprising a pilot control bore (44) with a pilot control nozzle (34), wherein the tappet is arranged adjustably in the valve part to move linearly along the central longitudinal axis between a closed position (FIG 2a) and an open position (FIG 2c), wherein the tappet and the armature move relative to one another (compare FIGS 2a-2c);
a pressure equalization space (the space between 72 and 40) which is delimited by the tappet, wherein the pilot control bore connects the inlet fluidically to the pressure equalization space (see FIG 2c); and
a pilot control bore sealing device (75) that moves with the armature to close the pilot control bore in a contact position with the pilot control nozzle (FIG 2a) and to open the pilot control bore in an opening position (FIG 2c);
wherein the tappet closes the main nozzle in the closed position (FIG 2a), wherein only the pilot control bore connects the inlet to the pressure equalization space (see the Figures), and wherein the tappet is spaced apart from the valve seat in the open position (FIG 2c);
wherein the armature preloading device exerts a force on the armature, wherein the force preloads the armature preloading device into a rest position (col. 5 lines 8-9), in which the armature transmits the force to the pilot control bore sealing device and presses the pilot control bore sealing device into the contact position (FIG 2a);
wherein the armature has a driving element (51) which, when the armature moves out of the rest position into an intermediate position, the driving element engages with the tappet after the opening position of the pilot control bore sealing device is reached (col. 5 lines 61-64, FIG 2b to FIG 2c);
wherein, when the armature moves out of the intermediate position, the driving element moves the tappet out of the closed position into the open position (col. 6 lines 2-7, FIG 2c).
2. The electromagnetically actuable flow control valve according to Claim 1, wherein the pressure equalization space is only fluidically connected to the pilot control bore (there is no other fluid connection disclosed).
3. The electromagnetically actuable flow control valve according to Claim 2, wherein the pilot control bore has only two openings (at the top of 44 and bottom of 44).
4. The electromagnetically actuable flow control valve according to Claim 1, wherein the pilot control bore has only two openings (at the top of 44 and bottom of 44).
5. The electromagnetically actuable flow control valve according to Claim 1, wherein the pressure equalization space is configured exclusively by the tappet and the valve part (e.g., see FIG 2b).
6. The electromagnetically actuable flow control valve according to Claim 5, wherein the pressure equalization space is configured by (inside of) the valve part by a single-piece portion of the valve part (10 is a single-piece body).
7. The electromagnetically actuable flow control valve according to Claim 1, wherein the pressure equalization space is delimited without sealing devices (there is no annular sealing device between 70 and 40; same as Applicant’s).
8. The electromagnetically actuable flow control valve according to Claim 1, wherein the valve part has a bore (34 alone) with a constant diameter along the central longitudinal axis on a side of the main nozzle where the pressure equalization space is present.
9. The electromagnetically actuable flow control valve according to Claim 1, wherein the tappet has a first pressure surface which is exposed to a first fluidic pressure which prevails from the inlet (the top of 40 receives fluid pressure at 20).
10. The electromagnetically actuable flow control valve according to Claim 9, wherein the tappet has a second pressure surface which is exposed to a second fluidic pressure which prevails from the pressure equalization space (the downward-facing surface F 40 which delimits the top of the pressure equalization space; e.g., FIG 2b).
11. The electromagnetically actuable flow control valve according to Claim 1, wherein the tappet has a pressure surface which is exposed to a fluidic pressure which prevails from the pressure equalization space (the downward-facing surface F 40 which delimits the top of the pressure equalization space; e.g., FIG 2b).
14. The electromagnetically actuable flow control valve according to Claim 1, wherein the tappet has a circular ring portion (the lower, larger-diameter portion of 50) which divides a valve part interior space into a pilot control space (inside thereof) and a main flow space (outside thereof).
15. The electromagnetically actuable flow control valve according to Claim 14, wherein the circular ring portion is adjusted by the tappet with respect to the inlet (70 moves 40 up and down) in such a way that it selectively opens a first fluidic connection between the inlet and the pilot control space (75 controls flow through 34), and disconnects a second fluidic connection between the inlet and the outlet through the main flow space (compare the open position of the main valve in FIG 2c to the closed position of 2a).
16. The electromagnetically actuable flow control valve according to Claim 14, wherein the circular ring portion is adjusted by the tappet with respect to the inlet in such a way that it selectively disconnects a first fluidic connection between the inlet and the pilot control space or at least reduces a throughflow in comparison with an opened state (when 745 seats against 34), and opens a second fluidic connection between the inlet and the outlet through the main flow space (when the main valve opens, FIG 2c).
17. The electromagnetically actuable flow control valve according to Claim 1, wherein the tappet supports a first annular seal which serves to seal the pilot control nozzle (75 forms an annular seal around the orifice of nozzle 75), and wherein the tappet supports a second annular seal which serves to seal the main nozzle (in the closed position of FIG 2a, seal 66 is supported by 40).
18. The electromagnetically actuable flow control valve according to Claim 1, wherein the tappet is configured in one piece (40 is disclosed as one piece).
19. The electromagnetically actuable flow control valve according to Claim 1, wherein the tappet is configured in multiple pieces (the tappet is alternatively read to include part 51, 60, or 80).
20. The electromagnetically actuable flow control valve according to Claim 1, wherein a tappet preloading device (78) preloads the tappet into its closed position (working together with members 70, 76).
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.
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.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grant in view of DE 198 55 667 A1.
Grant discloses the invention as claimed with exception to the annular channel as claimed. However DE 198 55 667 A1 teaches that it was known in the art at the time of filing to form a similar tappet that has an annular channel which controls flow between an inlet and outlet (e.g. see element 349 of FIG 20). To support Grant’s tappet at both ends thereof, it would have been obvious to shape it such that it has an annular channel, as claimed and as similarly taught by DE 198 55 667 A1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6,520,206 discloses a similar valve arrangement including lost motion between opening of the pilot and operation of the actuator on the main valve.
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
7/2/26
