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 .
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 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.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-7) in the reply filed on 10/20/2025 is acknowledged.
Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II and III, there being no allowable generic or linking claim.
Claims 1-7 are pending; Applicant has cancelled non-elected claims 8-20.
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Erickson et al (U.S. 2017/0173602).
Regarding claim 1, Erickson teaches a fluid control valve assembly (239) configured to be coupled to a fluid inlet (223) and a fluid outlet assembly (outlet assembly defined by outlets 231, 232, 233 - seen in Fig 1), the fluid control valve assembly comprising:
a first portion (defined by 240), a second portion (defined by 240b), and a third portion (defined by 234) (as seen in Fig 4), the portions being assembled to define a first chamber (241), a second chamber (242), a third chamber (shown below), and a fourth chamber (243), wherein each of the first, second, third, and fourth chambers is defined by a combination of at least two of the first, second, and third portions (as seen in Figs 7-9B, the four chambers are defined by a combination of the first, second and third portions 240, 240b and 234);
a first diverter (251) movable within the fluid control valve assembly between a first position (upward position, see in Figs 8 and 9A) and a second position (down/depressed position, seen in Fig 9B); and
a second diverter (252) movable within the fluid control value assembly between a first position (right position, seen in Fig 9A) and a second position (left position, seen in Fig 9B),
wherein, to selectively control flow of fluid through the fluid inlet, at least one chamber, and the fluid outlet assembly, the fluid control valve assembly is configured such that when the first diverter is in the first position (251, Figs 8 and 9A), the fluid inlet is fluidly coupled with the second chamber (as seen in Figs 8 and 9A, the inlet 223 is fluidly coupled to the second chamber 242), when the first diverter is in the second position (251, Fig 9B), the fluid inlet is fluidly coupled with the first chamber (as seen in Fig 9B and disclosed in Par 0093: when the first diverter 251 is in the second position, the first chamber 241 is fluidly coupled to the inlet 223), when the second diverter is in the first position (252, Fig 9A), the second chamber is fluidly connected with the third chamber (as shown in the annotated Fig 9A below, when the second diverter is in its first position, the second chamber 242 is fluidly connected to the third chamber) and, when the second diverter is in the second position (252, Fig 9B), the second chamber is fluidly connected to the fourth chamber (as seen in Fig 9B, when the second diverter 252 in its second position, the second chamber 242 is fluidly connected to the fourth chamber 243).
Regarding claim 2, Erickson teaches the fluid control valve of claim 1, wherein the first chamber is fluidly connectable with a first outlet member (231) of the fluid outlet assembly (Par 0099 discloses the first outlet member 231 is communication with the first chamber 241).
Regarding claim 3, Erickson teaches the fluid control valve of claim 2, wherein the first outlet member includes at least one nozzle (nozzles 231a) for providing a fluid stream output (Par 0065 discloses the spray pattern of the nozzles 231a as wedge shaped, wherein this wedge shape is considered a fluid stream. Note: the specification does not provide a special definition for “fluid stream” as such this is a broad term, thereby the wedge shaped pattern is considered a fluid stream).
Regarding claim 4, Erickson teaches the fluid control valve of claim 1, wherein the third chamber is fluidly connectable with a second outlet member (232) of the fluid outlet assembly (as seen in the annotated figure below, the third chamber connects to second outlet member 232).
Regarding claim 5, Erickson teaches the fluid control valve of claim 4, wherein the second outlet member is configured to provide an aerated fluid output (as disclosed in Par 0067: the second outlet member 232 includes at least one nozzle 232a that is configured to provide an aerated stream of fluid).
Regarding claim 6, Erickson teaches the fluid control valve of claim 1, wherein the fourth chamber (243) is fluidly connected with a third outlet member (233) of the fluid outlet assembly (as seen in Fig 8 and disclosed in Par 0104, the chamber 243 is fluidly connected to the third outlet member 233).
Regarding claim 7, Erickson teaches the fluid control valve of claim 6, wherein the third outlet member includes a plurality of nozzles (233a) for providing a spray fluid output (as disclosed in Par 0068, the nozzles 233a are configured for providing “a fine gentle spray”, which is a type of spray fluid output, thus reading on claim language).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN C BARRERA whose telephone number is (571)272-6284. The examiner can normally be reached on M-F Generally 10am-4pm and 6-8pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR O. HALL can be reached on 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
If there are any inquiries that are not being addressed by first contacting the Examiner or the Supervisor, you may send an email inquiry to TC3700_Workgroup_D_Inquiries@uspto.gov.
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/JUAN C BARRERA/
Examiner, Art Unit 3752
/STEVEN M CERNOCH/Primary Examiner, Art Unit 3752
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