Patent Application 18469058 - METHOD OF OPERATING A DIAPHRAGM VALVE AND - Rejection

Patent Application 18469058 - METHOD OF OPERATING A DIAPHRAGM VALVE AND

Title: METHOD OF OPERATING A DIAPHRAGM VALVE AND DIAPHRAGM VALVE

Application Information

• Invention Title: METHOD OF OPERATING A DIAPHRAGM VALVE AND DIAPHRAGM VALVE
• Application Number: 18469058
• Submission Date: 2025-04-08T00:00:00.000Z
• Effective Filing Date: 2023-09-18T00:00:00.000Z
• Filing Date: 2023-09-18T00:00:00.000Z
• National Class: 137
• National Sub-Class: 559000
• Examiner Employee Number: 84644
• Art Unit: 3753
• Tech Center: 3700

Rejection Summary

• 102 Rejections: 0
• 103 Rejections: 3

Cited Patents

No patents were cited in this rejection.

Office Action Text

    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 .
Status of the claims
Claim(s) 1, 3, 5-7, 9, 10 is/are amended, claim(s) 2,4  is/are cancelled and claim(s) 13-15 is/are added.  Currently claims 1, 3, 5-15 are pending in this application.
	Claim Rejections - 35 USC § 103
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.

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) 1, 5, 7, 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ales et al (20050092079) in view of Veto et al (20200263796), further in view of Seidel (20180349434) further in view of Myers et al (20190145722).
Regarding claim 1, in making and/or using the device of Ales for operating a diaphragm valve having a fluid housing (Fig 1) comprising a valve seat formed therein, a diaphragm which cooperates with the valve seat (at 16,18) to open or close a flow path 12-14 through the fluid housing, and including  a stress sensor (strain gauge) 50, one would perform the steps of a determining degree of wear of the diaphragm is determined (Para 63).
Ales fails to disclose two sensors for determining diaphragm wear.  Veto, Para 50, teaches a diaphragm valve failure detection comprising multiple sensors 338 (temperature, strain, and pressure sensors) for measuring diaphragm characteristics.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales with multiple sensors including pressure and temperature sensors for detecting diaphragm condition as taught by Veto in order to improve valve monitoring.  
Ales as modified fails to disclose a determining condition by using a data fusion algorithm forming as index value is from the measured values sensors at different points in time, wherein a degree of condition change is determined on the basis of a change in the index value. Seidel discloses a detection of degree of condition change (Para 36) based on using a data fusion algorithm (Kalman filter) forming an index value (current state) is from the measured values sensors at different points in time (current state is measured on basis of previous event, Para 134, Para 528).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales as modified with using a data fusion algorithm forming as index value is from the measured values sensors at different points in time, wherein a degree of condition change is determined on the basis of a change in the index value as taught by Seidel in order to improve valve monitoring and status prediction.  
Ales (as taught by Seidel) discloses measured values of the different sensors included in the index value with a defined weighting (Para 513) but fails to disclose weighting factor for measured values different for different cases of application. Myers teaches a data fusion (Para 101, data aggregation) using summation of  weighted parameters wherein (Para 99) specific weighting factors can vary based on the application.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales as modified with weighting factors variable based on the application as taught by Myers in order to enable application/work environment specific diagnostics.  
As to claim 5, since Ales as modified (in view of Myers) teaches variable weighting factors depending upon application, accordingly, the weighting of individual measured values is changed in the course of operation if the application/environment would change during course of operation
As to claim 7, the sensors are seen as providing data at time of measurement and a such provide discrete-time measured values.
As to claim 9, Ales as modified (as taught by Seidel) discloses Kalman filter (Para 81) wherein the Kalman filter forms a further index value (current state) on the basis of the measured values estimated by means of the Kalman filter.
As to claim 10, Ales as modified discloses diaphragm valve comprising a fluid housing having a valve seat formed therein, a diaphragm 20 which cooperates with the valve seat to open or close a flow path through the fluid housing, a movably mounted drive tappet 44 which is attached to the diaphragm, wherein the diaphragm valve comprises at least two sensors (pressure, temperature, strain sensor, in view of Veto), and wherein the diaphragm valve includes an analysis unit  54 which is set up to calculate an index value (in view of Seidel) using the measured values of the sensors according to a method according to claim 1.
As to claim 11, the temperature sensor is set up to measure a temperature inside the diaphragm valve in the vicinity of the diaphragm (as shown in Veto).
As to claim 12, analysis unit 54 is externally connectable to the diaphragm valve.
Regarding claim 13, in making and/or using the device of Ales for operating a diaphragm valve having a fluid housing (Fig 1) comprising a valve seat formed therein, a diaphragm which cooperates with the valve seat (at 16,18) to open or close a flow path 12-14 through the fluid housing, and including  a stress sensor (strain gauge) 50, one would perform the steps of a determining degree of wear of the diaphragm is determined (Para 63).
Ales fails to disclose two sensors for determining diaphragm wear.  Veto, Para 50, teaches a diaphragm valve failure detection comprising multiple sensors 338 (temperature, strain, and pressure sensors) for measuring diaphragm characteristics.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales with multiple sensors including pressure and temperature sensors for detecting diaphragm condition as taught by Veto in order to improve valve monitoring.  
Ales as modified fails to disclose a determining condition by using a data fusion algorithm forming as index value is from the measured values sensors at different points in time, wherein a degree of condition change is determined on the basis of a change in the index value. Seidel discloses a detection of degree of condition change (Para 36) based on using a data fusion algorithm (Kalman filter) forming an index value (current state) is from the measured values sensors at different points in time (current state is measured on basis of previous event, Para 134, Para 528).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales as modified with using a data fusion algorithm forming as index value is from the measured values sensors at different points in time, wherein a degree of condition change is determined on the basis of a change in the index value as taught by Seidel in order to improve valve monitoring and status prediction.  
Ales (as taught by Seidel) discloses measured values of the different sensors included in the index value with a defined weighting (Para 513) but fails to disclose weighting factor for measured values different for different cases of application. Myers teaches a data fusion (Para 101, data aggregation) using summation of  weighted parameters wherein (Para 99) specific weighting factors can vary based on the application.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales as modified with weighting factors variable based on the application as taught by Myers in order to enable application/work environment specific diagnostics.  Accordingly, the weighting of individual measured values is changed in the course of operation if the application/environment would change during course of operation.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ales et al (20050092079) in view of Veto et al (20200263796), further in view of Seidel (20180349434) further in view of Myers et al (20190145722) further in view of Suhas et al (20100205607) .
Ales as modified fails to disclose new index value upon installation of new diaphragm.  Suhas (Para 32) teaches a system degradation monitoring system wherein when a component is replaced by a new component, an initial index value (normal value of health index) is formed which reflects a new state of the component, the index values (health index value) formed later being compared with the initial index value (Para 22, describes “less than normal health index value which would constitute comparison of current value with normal value), and a degree of degradation of the component (health of component) being determined on the basis of a deviation of an index value from the initial index value (normal value of health index).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales as modified with assigning new (normal) index value upon installation of new component (diaphragm in case of Ales) for later comparison with current index value to assess health of component as taught by Suhas in order to enable correction of index value upon replacement installation.  
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ales et al (20050092079) in view of Veto et al (20200263796), further in view of Seidel (20180349434) further in view of Suhas et al (20100205607) .
Regarding claim(s) 14, in making and/or using the device of Ales for operating a diaphragm valve having a fluid housing (Fig 1) comprising a valve seat formed therein, a diaphragm which cooperates with the valve seat (at 16,18) to open or close a flow path 12-14 through the fluid housing, and including  a stress sensor (strain gauge) 50, one would perform the steps of a determining degree of wear of the diaphragm is determined (Para 63).
Ales fails to disclose two sensors for determining diaphragm wear.  Veto, Para 50, teaches a diaphragm valve failure detection comprising multiple sensors 338 (temperature, strain, and pressure sensors) for measuring diaphragm characteristics.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales with multiple sensors including pressure and temperature sensors for detecting diaphragm condition as taught by Veto in order to improve valve monitoring.  
Ales as modified fails to disclose a determining condition by using a data fusion algorithm forming as index value is from the measured values sensors at different points in time, wherein a degree of condition change is determined on the basis of a change in the index value. Seidel discloses a detection of degree of condition change (Para 36) based on using a data fusion algorithm (Kalman filter) forming an index value (current state) is from the measured values sensors at different points in time (current state is measured on basis of previous event, Para 134, Para 528).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales as modified with using a data fusion algorithm forming as index value is from the measured values sensors at different points in time, wherein a degree of condition change is determined on the basis of a change in the index value as taught by Seidel in order to improve valve monitoring and status prediction.  
Ales as modified fails to disclose new index value upon installation of new diaphragm.  Suhas (Para 32) teaches a system degradation monitoring system wherein when a component is replaced by a new component, an initial index value (normal value of health index) is formed which reflects a new state of the component, the index values (health index value) formed later being compared with the initial index value (Para 22, describes “less than normal health index value which would constitute comparison of current value with normal value), and a degree of degradation of the component (health of component) being determined on the basis of a deviation of an index value from the initial index value (normal value of health index).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Ales as modified with assigning new (normal) index value upon installation of new component (diaphragm in case of Ales) for later comparison with current index value to assess health of component as taught by Suhas in order to enable correction of index value upon replacement installation.  
Allowable Subject Matter
Claim(s) 15 is/are allowed. Claim(s) 3 and 6 is/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.
Response to Arguments
Applicant's arguments filed 12/20/2024 have been fully considered but are moot in view of newly cited art. Myers is cited to show teaching of different weighting for different applications and Suhas is cited to show teaching of forming initial index value at replacement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Atif Chaudry at phone number 571-270-3768.  The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM 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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/ATIF H CHAUDRY/Primary Examiner, Art Unit 3753