DETAILED ACTION
Claims 1-20 were filed with the Preliminary Amendment dated 10/21/2025. Claims 21-23 were cancelled.
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 10/21/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 3-5 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.
Claim 3 recites the limitation "the protrusion" in line 9. There is insufficient antecedent basis for this limitation in the claim. As best understood, claim 3 is being construed as if “the protrusion” is replaced with “the actuator body.”
Claim 4 recites the limitation "the gate valve" in line 4. There is insufficient antecedent basis for this limitation in the claim. As best understood, “the gate valve” will be construed as if it is written as “a gate valve.”
Claim 5 recites the limitation "the gate valve" in line 4. There is insufficient antecedent basis for this limitation in the claim. As best understood, “the gate valve” will be construed as if it is written as “a gate 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.
Claims 1-4, 6-17 (as far as they are definite) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. No. 10,088,073 (“Kennedy”).
With regard to claim 1, Kennedy discloses a gate valve monitor (col. 1, lines 14-18; col. 2, lines 3-13) comprising: one or more alarm switch (27, col. 3, lines 43-49) and an actuator (22; col. 2, lines 43-44), the one or more alarm switch (27) and the actuator (22) accommodated within an enclosure (1+16 together), the enclosure (1-16) dimensioned to allow passage of a gate valve shaft (9) traversing an entire extent of the enclosure (1+16; see Figs 1 and 3), the actuator (22) comprising an actuator body (21; col. 2, lines 59-67) dimensioned to extend into a groove (15, col. , lines 15-23) in the gate valve shaft (9); and the actuator (22) operated by movement of the gate valve shaft (9) which impacts the actuator body (21) to trigger the one or more alarm switch (27) (col. 4, lines 9-20).
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With regard to claim 2, Kennedy discloses a gate valve (col. 2, line 17 and lines 21-23) comprising the gate valve monitor (see above for claim 1; see figs 1 and 3).
With regard to claim 3, Kennedy discloses a method of monitoring a gate valve (col. 1, lines 14-18, col. 2, lines 3-13) (method inherent in apparatus disclosed), the method comprising: fitting or retrofitting a gate valve monitor to a gate valve (monitor is fitted to gate valve, see Fig 1, 3), the gate valve monitor comprising one or more alarm switch (27) (col, 3, lines 43-49) and an actuator (22, col. 2, lines 43-44), the one or more alarm switch (27) and the actuator (22) accommodated within an enclosure (1+16), the enclosure dimensioned to allow passage of a gate valve shaft (9) traversing an entire extent of the enclosure (1+16, see Figs 1 and 3), the actuator (22) comprising an actuator body (21; col. 2, lines 59-67) dimensioned to extend into a groove (15, col. 3, lines 15-23) in the gate valve shaft (9), wherein the actuator (22) is operated when the gate valve shaft (9) moves which impacts the protrusion (as best understood, the actuator body 21) to trigger the one or more alarm switch (27) (col. 4, lines 9-20).
With regard to claim 4, Kennedy discloses a method of manufacturing a gate valve monitor (col. 1, lines 14-18, col. 2, lines 3-13; method inherent in apparatus disclosed), the method comprising: providing one or more alarm switch (27) (col. 3, lines 43-49) and an actuator (22) (col. 2, lines 43-44) to be accommodated within an enclosure (1+16), the enclosure (1+16) dimensioned to allow passage of a gate valve shaft (9) traversing an entire extent of the enclosure (1+16; see Figs 1 and 3), the actuator (22) comprising an actuator body (21; col. 2, lines 59-67) dimensioned to extend into a groove (15, col. 3, lines 15-23) in the gate valve shaft (9); and inserting the one or more alarm switch (27) and the actuator (22) into the enclosure (1+16), wherein the actuator (22) is operated by movement of the gate valve shaft (9) which impacts the actuator body (21) to trigger the one or more alarm switch (27) (col. 4, lines 9-20).
With regard to claim 6, Kennedy discloses a method of monitoring a gate valve gate 8) (method is inherent in apparatus disclosed), the method comprising fitting or retrofitting the valve monitor of claim 1 to the gate valve (valve monitor of claim 1, see above is fitted to the gate valve, see Figs 1 and 3).
With regard to claim 7, Kennedy discloses a method of preventing unauthorised opening or closing of a gate valve (method inherent in apparatus disclosed), the method comprising fitting or retrofitting the valve monitor of claim 1 to the gate valve (valve monitor of claim 1, see above, is fitted to the gate valve, see Figs 1 and 3. Fitting the valve monitor will alarm when gate valve moves, which includes unauthorized movement).
With regard to claim 8, Kennedy discloses that the one or more alarm switch (27) and the actuator (22) are dimensioned to be accommodated with the enclosure (1+16) (see Fig 3).
With regard to claim 9, Kennedy discloses that the enclosure (1+16) is a valve body (at least portion of enclosure at yoke 1 is considered to be part of a valve body, see Fig 1).
With regard to claim 10, Kennedy discloses that the enclosure (1+16) is a separate component to a valve body (at least portion 16 is a separate component of a valve body (4).
With regard to claim 11, Kennedy discloses that the actuator (22) is accommodated within the enclosure (1+16) (see fig 3).
With regard to claim 12, Kennedy discloses that the actuator (22) comprises a single integer or single component (single component is met because 22 is one component, as so broadly recited, as shown in Fig 4).
With regard to claim 13, Kennedy discloses that the enclosure (1+16) is dimensioned to be wholly positioned within a valve body (as so broadly recited, the enclosure is dimensioned, i.e., sized, so that it can be wholly positioned within a valve body (claim does not require a valve body entirely around the enclosure).
With regard to claim 14, Kennedy discloses that the one or more alarm switch (27) is activated by unauthorized opening or closing of a gate valve or attempted removal of the valve monitor (if gate valve position is moved away from desired position, switch changes to indicate the change (i.e., silence or alarm change), such change would occur with unauthorized opening or closing of the gate valve).
With regard to claim 15, Kennedy discloses that movement of the gate valve shaft (9) and impact on the actuator body (21) moves the actuator body (21) to activate the one or more alarm switch (27) (col. 4, lines 9-20).
With regard to claim 16, Kennedy discloses that the actuator (22) comprises a bias (bias spring 24; col. 3, lines 40-43).
With regard to claim 17, Kennedy discloses that the enclosure (1+16) comprises a port (port is bottom opening in 16 shown, but not labeled in Fig 3) to accommodate cabling to supply power or receive an alarm signal from the gate valve monitor (Fig 6 shows the cabling through the port in 16).
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 5, as far as it is understood, is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 10,088,073 (“Kennedy”) in view of U.S. Pat. Pub. No. 2008/0087334 (“Reilly”).
With regard to claim 5, Kennedy discloses a system for monitoring a gate valve that comprises an enclosure (1+16), one or more alarm switch (27, col. 3, lines 43-49) and an actuator (22; col. 2, lines 43-44), the one or more alarm switch (27) and the actuator (22) to be accommodated within the enclosure (1+16), the enclosure (1+16) dimensioned to allow passage of said gate valve shaft (9) traversing an entire extent of the enclosure (1+16) (see figs 1 and 3), the actuator (22) comprising an actuator body (21; col. 2, lines 59-67) dimensioned to extend into a groove (15, col. 3, lines 15-23) in the gate valve shaft (9); wherein the actuator (22) is operated by movement of the gate valve shaft (9) which impacts the actuator body (21) to trigger the one or more alarm switch (27) (col. 4, lines 9-20).
Kennedy discloses all the claimed features with the exception of disclosing explicitly that the system is a kit.
Reilly teaches that it is known in the art to modify a valve (1)) with a monitor (14) in an enclosure (28) to be configured as a kit for converting valves to supervised valves (see paras [0008] [0025]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to make the system of Kennedy comprise a kit, such as taught by Reilly, for the purpose of allowing any valve to be adapted to be a supervised valve, i.e., monitored valve, as taught by Reilly (paras [0008] [0025]).
Alternatively, claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 10,088,073 (“Kennedy”) in view of U.S. Pat. No. 4,905,725 (“Sinkinson”).
With regard to claim 13, if it is successfully argued that Kennedy is not considered to show that the enclosure is dimensioned to be wholly positioned within a valve body, then the following alternative rejection is offered.
Sinkinson teaches that it is known in the art place an enclosure (36) with a monitor (39) wholly within a valve body (14/32/34) (see Fig 5 and col. 4, lines 12-37).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the gate-valve monitor of Kennedy by making the enclosure be dimensioned wholly positioned within a valve body, such as taught by Sinkinson, for the purpose of to protect and secure a valve (see Sinkinson at col. 4, lines 12-14).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 10,088,073 (“Kennedy”) in view of U.S. Pat. Pub. No. 2013/0314239 (“Clark”).
With regard to claim 18, Kennedy discloses all the claimed features with the exception of disclosing a wireless module, battery and antenna incorporated within the enclosure to provide anti-tamper protection.
Clark teaches that it is known in the art to modify a gate valve with a valve monitor (100) (para [0033]) to include a wireless module (para [0037]), battery (“battery” para [0038]), and antenna (1350, para [0060]) (see Fig 16).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize a wireless module, battery, and antenna, such as taught by Clark in place of the communication and power devices for the monitor of Kennedy since the communication and power devices are known equivalents and the use of which would be known to one of ordinary skill in the art.
With regard to claim 19, Kennedy discloses all the claimed features with the exception of disclosing the gate valve monitor comprises an anti-tamper valve monitor.
Clark teaches that it is known in the art to modify a gate valve with a valve monitor (100) (para [0033]), similar to that of Kennedy, to include an anti-tamper valve monitor (“tamper detection” para [0065]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add an anti-tamper valve monitor, such as taught by Clark in the valve monitor of Kennedy for the purpose of providing security for the system (“security applications”; see Clark at para [0065]).
With regard to claim 20, which depends from claim 19, the combination discloses that the anti-tamper valve monitor comprises the one or more alarm switch being activated by an attempt to tamper with or attempt to access or remove the valve monitor (Clark discloses the anti-tamper valve monitor is part of the valve monitor 1600 – Fig 16).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the alarm switch (27 of Kennedy) activate by the anti-tamper valve monitor for the purpose of simplifying notification of improper movement or tampering and to provide security for the system (“security applications”; see Clark at para [0065]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. No. 862,551 (“Gardner”) discloses a valve with a valve monitor having a switch and actuator.
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/JESSICA CAHILL/Primary Examiner, Art Unit 3753
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