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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/18/2026 has been entered.
Response to Arguments
Applicant's arguments with respect to claim(s) 1-14 and 18-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-14 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barlow (US 4669131).
Regarding claim 1, Barlow discloses an actuation apparatus for a functional device, the actuation apparatus comprising:
a pressure actuation element (62, 64, 66, 68, 72) connected to a control element (74, 80, 86) that is axially displaceable with respect to a longitudinal axis (axis of 74) of the control element (see Fig. 1; col. 4, l. 35 – col. 5, l. 12),
the control element has an application location (80) which is movable into an active connection with the functional device (see Fig. 1; col. 4, l. 35 – col. 5, l. 12) or which is in an active connection with the functional device in a position for use (see Fig. 1; col. 4, l. 35 – col. 5, l. 12), and
at least one deformable compensation element (76) arranged or constructed between the pressure actuation element and the application location (see Fig. 1-3), the compensation element being configured to allow a position change (position change of 64) of the pressure actuation element relative to the application location with respect to the longitudinal axis of the control element in a radial direction (see Fig. 1-3),
the pressure actuation element comprising a cap (68) having a stop face (face of 68 defining the through hole of 68) constructed on an inner side (inner side of 68) of the cap (see Fig. 3) and configured to contact a free end (86) of the control element (see Fig. 1-3).
Regarding claim 2, Barlow discloses the compensation element fixes the control element for different radially laterally offset relative arrangements of the pressure actuation element and the application location in a radially play-free manner relative to each other (see Fig. 1-3; col. 4, l. 35 – col. 5, l. 12).
Regarding claim 3, Barlow discloses the at least one compensation element comprises an insertion element (78), in which the free end of the control element is insertable at different positions (84) and is radially fixed or is inserted in the position for use and is radially fixed (see Fig. 1 and 3).
Regarding claim 4, Barlow discloses the at least one compensation element is constructed from a deformable mass (col. 1, l. 59 – col. 2, l. 5; col. 4, l. 62 – col. 5, l. 12).
Regarding claim 5, Barlow discloses the at least one compensation element comprises a plurality of resilient bristles (76, 76’’) and/or bristle bundles which are bent when the free end of the control element is introduced (see Fig. 1-5; col. 4, l. 62 – col. 5, l. 12; col. 5, l. 64 – col. 6, l. 19).
Regarding claim 6, Barlow discloses at least one of the compensation element or the control element is at least partially received in the cap (see Fig. 1-3).
Regarding claim 7, Barlow discloses a position change of the pressure actuation element relative to the application location in a radial direction (radial direction of 64) is prevented after the control element is introduced into the at least one compensation element by a retention force produced by the at least one compensation element (col. 1, l. 59 – col. 2, l. 5; col. 4, l. 62 – col. 5, l. 12).
Regarding claim 8, Barlow discloses the control element extends through the compensation element in the position for use (see Fig. 1-3).
Regarding claim 9, Barlow discloses the at least one compensation element is constructed as a portion of the control element (see Fig. 1-3).
Regarding claim 10, Barlow discloses at least partial bending (col. 1, l. 59 – col. 2, l. 5; col. 4, l. 62 – col. 5, l. 12) of the control element is possible in a region (region of 76) of the at least one compensation element (see Fig. 1-3).
Regarding claim 11, Barlow discloses the stop face is constructed on the inner side of the cap to be non-planar and concave (the face of 68 defining the through hole of 68 is non-planar and concave; see Fig. 1-3).
Regarding claim 12, Barlow discloses the at least one compensation element is constructed as a restoring element (col. 1, l. 59 – col. 2, l. 5; col. 4, l. 62 – col. 5, l. 12).
Regarding claim 13, Barlow discloses at least one guide (14) for the control element (see Fig. 1).
Regarding claim 14, Barlow discloses the actuation element is configured to control at least one of a valve, a sanitary fitting (22), or a toilet tank.
Regarding claim 18, Barlow discloses the at least one compensation element is inserted as a portion in a control rod (rod of 74) of the control element (see Fig. 1-5).
Regarding claim 19, Barlow discloses there is at least partial bending of the control element (see Fig. 1-3) in a region (a region of 76) of the at least one compensation element (see Fig. 1-3) such that the portion in the control rod of the control element placed after the compensation element is orientated at an angle obliquely (see Fig. 1-3) relative to at least one of a straight or non-bent portion (straight or non-bent portion of 76) of the control element (see Fig. 1-3).
Regarding claim 20, Barlow discloses when the control element is redirected through an angle (deformation angle of 74; see Fig. 1-3) by at least one deformation of the at least one deformable compensation element (col. 1, l. 59 – col. 2, l. 5; col. 4, l. 62 – col. 5, l. 12), a contact point (contact point between face of 68 defining the through hole of 68 and 86) between the stop face and the free end of the control element is not located on the longitudinal axis (see Fig. 1-3; col. 1, l. 59 – col. 2, l. 5; col. 4, l. 62 – col. 5, l. 12).
Conclusion
The prior art made of record in the PTO-892 form and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Friday 11AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P Angwin can be reached at (571)270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R KLOTZ/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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