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 because in claim 1, a C-shaped member having a circular ring is unclear as if it is C-shaped than it cannot also be a circular ring as a C-shape has to have a gap and a circular ring cannot have a gap as it must go all the way around. Regarding this, it is unclear what the applicant is referring to in the drawings in regards to this. Also, in claim 1, “a plurality of stages of combinations” is not understood as to what this is regarding. Also, in claim 1, the term “composite member” is unclear as the member appears to be built of one part only, albeit a flange and a cylinder in one part and furthermore, the expression “composite” could suggest a composite material which does not appear to be disclosed in the description. Also in Claim 1, the expression "on the flange" is not clear, because it suggests that the backup ring is in contact with said flange which is not the case as disclosed by the drawings; furthermore the expression "on" may be interpreted as being "in contact" on any part of the flange. 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.
Specification
The disclosure is objected to because of the following informalities: See drawing objections above.
Appropriate correction is required.
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 1-3 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. because in claim 1, a C-shaped member having a circular ring is unclear as if it is C-shaped than it cannot also be a circular ring as a C-shape has to have a gap and a circular ring cannot have a gap as it must go all the way around. Regarding this, it is unclear what the applicant is referring to in the drawings in regards to this. Also, in claim 1, “a plurality of stages of combinations” is not understood as to what this is regarding. Also, in claim 1, the term “composite member” is unclear as the member appears to be built of one part only, albeit a flange and a cylinder in one part and furthermore, the expression “composite” could suggest a composite material which does not appear to be disclosed in the description. Also in Claim 1, the expression "on the flange" is not clear, because it suggests that the backup ring is in contact with said flange which is not the case as disclosed by the drawings; furthermore the expression "on" may be interpreted as being "in contact" on any part of the flange. In claim 2, it is unclear if a shutoff valve is part of the invention due to the claim beginning “In a shutoff valve”. In claim 3, it is unclear if a flow regulating valve is part of the invention due to the claim beginning “In a flow regulating valve”.
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, as understood, is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Vandine US 8,490,763.
Regarding claim 1, Vandine discloses a seal structure (see Fig. 10) comprising a plurality of stages of combinations (see Fig. 5, cylinder to rod sealing assembly at the top of the cylinder, cylinder to piston sealing assembly in the middle of the cylinder) of:
a C-shaped member (63, 65) having a circular ring (64) with a portion cut out (66) in a circumferential direction of the circular ring;
a composite member (52) including a hollow cylindrical portion (54) and a flange (53, 55) extending radially outward on a valve body side of the hollow cylindrical portion in a central axis direction of the hollow cylindrical portion, the hollow cylindrical portion being inserted (see Fig. 10) into a central hollow portion of the C-shaped member; and
a backup ring (74, 80) and an O-ring (76) placed on the flange of the composite member.
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.
Claim(s) 2, as understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Vandine US 8,490,763 in view of Hull US 2004/0036046.
Regarding claim 2, Vandine lacks in a shutoff valve including: a casing having a fluid flow passage formed in a central axis direction; a valve stem disposed in the flow passage and extending in the central axis direction; a valve body formed at a tip end of the valve stem; a valve seat formed in the casing near an end of the flow passage; and a valve closing mechanism for pressing the valve body against the valve seat, said valve closing mechanism being composed of an actuator and a valve closing force adjustment mechanism, wherein said valve closing force adjustment mechanism is provided, in a pressure transmission chamber that accommodates an end of the valve stem opposite to the valve body, a valve stem actuating shaft that engages with the valve stem and is moved in the central axial direction by the actuator, and a pressure adjustment spring that is interposed between the actuator and the valve stem actuating shaft to adjust the pressing force of the valve stem actuating shaft, a seal structure is mounted in a flow passage through which the valve stem actuating shaft extends so as to prevent fluid from flowing into the actuator side. Hull discloses a similar shutoff valve. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the shutoff valve of Hull in combination with the assembly of Vandine as a matter of simple substitution of valves.
Claim(s) 3, as understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Vandine US 8,490,763 in view of Nitta US 2018/0119819.
Regarding claim 3, Vandine lacks in a flow rate regulating valve including: a cam plate having a slope formed on its surface; a drive source for rotating the cam plate via a reduction mechanism; a cam follower having one of a rotating part and a moving part that is pressed against the surface of the cam plate and that moves in a direction of a central axis of the flow rate regulating valve in response to an inclination of the surface of the cam plate; and a valve stem support part having an end connected to the cam follower and another end connected to a valve stem, wherein a flow rate varies depending on a dimension of insertion of the valve stem into a small diameter portion of a flow passage, a seal structure is mounted in a region where the valve stem extending in the central axial direction of the casing slides. Nitta discloses a similar flow regulating valve. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the regulating valve of Nitta in combination with the assembly of Vandine as a matter of simple substitution of valves.
Conclusion
The examiner notes that the application is deemed unclear and indefinite and that when the drawings, specification and claims are made clear and definite, a more thorough search and examination will be done as the examiner could barely understand what the applicant was disclosing and claiming. The examiner reserves the right to make the next action final if different art is used.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nuennerich and Nuiya disclose C-shaped members with O-rings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN BASTIANELLI whose telephone number is (571)272-4921. The examiner can normally be reached Monday-Thursday.
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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/John Bastianelli/
Primary Examiner, Art Unit 3753
571-272-4921
