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 § 112 and Claim Interpretation
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 7-13 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.
In claim 7, it cannot be determined if the claim requires two switching states, five switching states, or six switching states. These limitations are recited in claim 7 as alternatives to one another. The broadest reasonable interpretation is therefore seen as requiring only two switching states.
Further, regarding each of claims 8-13, these claims depend from claim 7 and respectively further define the first, second, third, fourth, fifth or sixth switching state that is referenced only in the third alternative of claim 7. Because these first through sixth switching states are not positively required of claim 7, the limitations of claims 8-13 are given limited patentable weight as they further define an alternative limitation which is not positively required of the claims. (Said differently, claim 7 is read to require only two switching states, which do not necessarily map to any of the first through sixth switching states that are further defined in claims 8-13).
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 and 6 is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Bunda (US 11,156,300), which discloses:
1. A valve for a fluid system of a vehicle, the valve comprising:
a valve housing (22) having a base (the bottom), a top (at the top), and a plurality of valve housing openings (24a-24h) arranged in a side wall of the valve housing (e.g., see FIG 1);
a valve body (34) arranged in the valve housing so as to be rotatable about a rotational axis (26) and having, arranged substantially perpendicular to the rotational axis, a first level (the lower level, FIG 4) that has at least one first connecting passage (62, 66), and having, arranged substantially perpendicular to the rotational axis, a second level (the upper level) that is separated in terms of flow from the first level by an intermediate base (e.g., see the central cut-away of FIG 6 showing an intermediate base/divider between the upper portion and lower portion of the valve body) and that has at least one second connecting passage (62, 66 of FIG 4) for fluidically connecting at least two valve housing openings of the plurality of valve housing openings (as shown in FIG 5);
a valve seal (32) that is arranged between the valve housing and the valve body and has valve seal openings corresponding to the valve housing openings (see FIGS 2, 3); and
a valve actuating device for automatically rotating the valve body about the rotational axis (col. 4 lines 1-4),
wherein the at least one first and/or at least one second connecting passages is designed such that at least three valve housing openings associated with the same level as the connecting passage is adapted to be fluidically connected to one another via this connecting passage as a function of a switching state of the valve (rotation of the valve causes the four various flow passages of any particular level to be connected to one another in different operational states; compare to Applicant’s disclosure, where the claimed term “at least three” requires reading of this limitation to include a plurality of operational states in which more than three passages are connected non-simultaneously, i.e., during different operational states).
6. The valve according to claim 1, wherein the valve body and the intermediate base are designed such that one of the first connecting passages and one of the second connecting passages are designed as a single, common connecting passage (i.e., the different levels communicate with one another via vertical connecting passage 42, 68 as shown in FIG 4).
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) 1-5 and 7-13 (7-13 as understood) is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as anticipated by WO 2022262929 (copy provided by Applicant) or, in the alternative, under 35 U.S.C. 103 as obvious over WO 2022262929 in view of CN 110843465.
Regarding claim 1, WO 2022262929 discloses a valve for a fluid system of a vehicle, the valve comprising:
a valve housing (36) having a base (the bottom), a top (at the top), and a plurality of valve housing openings (A, B, C, D, E, F, G) arranged in a side wall of the valve housing (e.g., see FIG 2A);
a valve body (40) arranged in the valve housing so as to be rotatable about a rotational axis (38) and having, arranged substantially perpendicular to the rotational axis, a first level (44) that has at least one first connecting passage (46, 48), and having, arranged substantially perpendicular to the rotational axis, a second level (50) that is separated in terms of flow from the first level by an intermediate base (e.g., see FIG 2a) and that has at least one second connecting passage (52, 54, 55) for fluidically connecting at least two valve housing openings of the plurality of valve housing openings;
a valve seal (42) that is arranged between the valve housing and the valve body and has valve seal openings corresponding to the valve housing openings (see FIG 2a); and
a valve actuating device for automatically rotating the valve body about the rotational axis (inherent to operation of valve 34 to change operational positions, as described throughout),
wherein the at least one first and/or at least one second connecting passages is designed such that at least three valve housing openings associated with the same level as the connecting passage is adapted to be fluidically connected to one another via this connecting passage as a function of a switching state of the valve (as shown from FIGS 2b through 14b, rotation of the valve causes the seven various flow passages to be connected to one another in different operational states; compare to Applicant’s disclosure, where the claimed term “at least three” requires reading of this limitation to include a plurality of operational states in which more than three passages are connected non-simultaneously, i.e., during different operational states).
Alternatively, should it be determined that a valve actuating device for automatically rotating the valve body about the rotational axis is not inherent to the prior art device, see CN 110843465, which teaches that it was known to use an actuator that drives a similar valve body (5), and it would have been obvious to use such an actuator to rotate the valve body of WO 2022262929 as claimed, so that it doesn’t have to be rotated by hand.
WO 2022262929 further discloses:
2. The valve according to claim 1, wherein three valve housing openings are associated with the level or wherein the three valve housing openings are associated only with the level (see FIGS 2a-2c, at least three openings are associated with each level).
3. The valve according to claim 1, wherein the connecting passage is delimited by at least one valve body wall, or wherein the at least one valve body wall is designed as three valve housing walls (see the walls of valve body levels 44, 50 shown in FIG 2a, also FIGS 2b, 2c).
4. The valve according to claim 3, wherein the connecting passage is separated in terms of flow from at least one other connecting passage of the level via at least one of the at least one valve body walls (see FIGS 2b, 2c), or wherein the valve body and the intermediate base are designed such that the connecting passage and/or the other connecting passage form a fluidic connection between the first level and the second level.
5. The valve according to claim 3, wherein at least one valve housing opening or four valve housing openings and at least one first connecting passage or three first connecting passages are associated with the first level (see FIG 2b), or wherein the three first connecting passages are separated from one another in terms of flow only by a single valve body wall, and wherein at least three valve housing openings and at least two connecting passages are associated with the second level (see FIG 2c) or the second connecting passages are separated only by a single valve body wall.
7. The valve according to claim 1, wherein at least two switching states are implemented via the valve (compare FIGS 3b and 4b), or wherein at least five switching states are implemented, wherein a transition of the valve from the first switching state ascending numerically to a sixth switching state takes place stepwise or steplessly by a rotation of the valve body in a first direction of a rotation by 36°, and a transition of the valve from the sixth switching state directly to the first switching state takes place through a rotation of the valve body in this first direction of rotation by 180° (as understood).
Regarding claim 8-13, these limitations are given limited patentable weight because they further define switching states that are not positively required of the claims (as further explained in the 112 rejections above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2021/151558 discloses a similar valve where three conduits are simultaneously connected in the same operational state of the valve (see FIG 3).
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
10/7/26
