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
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.
Claim 14 is 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.
Regarding claim 14, “a mechanical fastening system” renders the claim indefinite because “a mechanical fastening system” is recited in claim 1 which is wholly included in claim 14, thereby rendering it indefinite as to the antecedence of the fastening system.
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.
Claim(s) 1-3, 6-8, 12, 14, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US20140261749A1).
Regarding claim 1, Chen teaches an electronically controllable mixing valve cartridge (Figure 2: 202, 203, 132, 205 and Figure 1: 105 taken together), the valve cartridge comprising:
at least two fluid inlets and at least one fluid outlet (Figure 2: inlets 215 and 216, outlet 217);
at least one temperature sensor (Figure 3B: 133);
at least one movable valve member (Figure 3B: 331, also Figure 4B, 400 ¶99) and
at least one actuator configured to move each said movable valve member (figure 3B: 231, “The motor (231) in the temperature control valve gear assembly (203) turns a gear actuator (232) that connects with the top portion of the temperature valve cartridge stem (331). As one or more signals are received from the logical processor (105), the motor turns the temperature control valve stem (331) and rotates it to adjust the size of the cold/hot water control cartridge module opening (313). In another embodiment, an alternative mechanical control device is used instead of the illustrated motor.”); and
an electronic control system (Figure 1: 105, (¶122, “Some embodiments include a programmed logic processor with a circuit board…”) configured for receiving inputs from an input device and adapted to receive inputs from each said temperature sensor and to control the operation of each said actuator (¶83, “The logic processor circuit board (105) can be powered (122) by an electrical power supply package (104) and can communicate with control valve assembly (106) to control the input cold water supply (111) and hot water supply (112) and output the adjusted mixed water (115) at the desired water temperature to the faucet spout. In some embodiments, sensors may communicate individually with the logic processor circuit board (105) without a sensor assembly.”, further see ¶85), wherein
the valve cartridge has a single substantially flat mating face that includes the at least two fluid inlets and the at least one fluid outlet (Figure 9C: 217, 224, 225 are shown in cross section as even on a flat face), and wherein
the valve cartridge is configured such that a mechanical fastening system is used to hold the mating face of the valve cartridge securely to a complimentary fixable valve fitting to form a leak resistant seal between the mating face and the fixable valve fitting (Figure 3B: such a connection is made with any of 361, 371, and/or 381).
Regarding claim 2, Chen teaches all of the limitations of claim 1, wherein
each said actuator includes an electric motor (Figure 3B: 231).
Regarding claim 3, Chen teaches all of the limitations of claim 2, wherein
a direction of flow of a fluid through the fluid inlets and through each said fluid outlet is a direction of flow that is substantially aligned with a rotational axis of each said electric motor (see Figure 3B: the longitudinal axes of the inlets, outlet, and motor are substantially parallel).
Regarding claims 6 and 19-20, Chen teaches all of the limitations of claims 1-2 and 5, wherein
the complimentary fixable valve fitting is a fitting that is connectable to the pipework of a plumbing installation and that has complimentary fluid outlets and a fluid inlet or fluid inlets (Figure 3B: 112, 11, and/or 115).
Regarding claim 7, Chen teaches all of the limitations of claim 1, wherein
the mating face of the valve cartridge is configured for establishing a sealed connection between each said fluid inlet and each said fluid outlet of the valve cartridge and the fixable valve fitting (Figure 3B: connections between 111, 112, 115 and the face are sealed, i.e. water tight).
Regarding claim 8, Chen teaches all of the limitations of claim 1, wherein
the valve cartridge includes a mixing chamber that is configured to mix two or more fluid flows and which is situated downstream of each said movable valve member and upstream of the at least one temperature sensor (Figure 3B, 312 harbors a mixing chamber and is upstream of the end of 331 where cold/hot water enter and is upstream of 133).
Regarding claim 12, Chen teaches all of the limitations of claim 1, wherein
the valve cartridge also includes a flow sensing means (“ The faucet includes a plurality of sensors including: a main faucet control sensor, a primary and secondary temperature control sensor, and a primary and secondary water flow control sensors.” – The water flow control sensors can be considered flow sensing means of the valve cartridge).
Regarding claim 14, Chen teaches an electronically controllable mixing valve assembly including an electronically controllable mixing valve cartridge as claimed in claim 1 (Figure 3B) and a fixable valve fitting (Figure 3B, 115 with 111-112), the electronically controllable mixing valve cartridge being connectable to the fixable valve fitting using a mechanical fastening system (Figure 3B: see threaded connection with 115 and 202), and the fixable valve fitting being connectable to a plumbing system of a building and configured to direct fluid to the at least two fluid inlets of the valve cartridge and to receive fluid from the at least one fluid outlet of the valve cartridge (Figure 3B: 361, 371, 381), and being configured to allow leak resistant seals to be established between the mating face of the electronically controllable mixing valve cartridge and a complimentary mating face of the fixable valve fitting (Figure 3B: connection between cartridge and 115, 111, and 112).
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) 4-5 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US20140261749A1) in view of Peel (WO2006077396A1).
Regarding claim 4 and 15-16 Chen teaches all of the limitations of claims 1-3, but does not teach wherein each said actuator includes a linear actuator.
Peel teaches wherein each said actuator includes a linear actuator which provides accurate temperature control (“By employing a linear piezo motor to control the mixing valve, the ratio of hot and cold water can be adjusted to provide accurate control of the outlet water temperature.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a linear actuator for each said actuator in Chen in order to ensure accurate temperature control.
Regarding claims 5 and 17-18, Chen as modified teaches all of the limitations of claims 4 and 15-16, wherein
a direction of flow of a fluid through the fluid inlets and through each said fluid outlet is a direction of flow that is substantially aligned with a direction of movement of each said movable valve member (see Figure 3B, 331 and Figure 9C. When 331 is inserted into 900, the direction it travels upon insertion and fastening is aligned with the up/down direction of inlet/outlet flow shown in Figure 9C).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US20140261749A1) in view of Phillips (US20030088338A1).
Regarding claim 9, Chen teaches all of the limitations of claim 8, but does not teach wherein the valve cartridge includes transfer passages through which fluid flows as the fluid approaches the mixing chamber, and the transfer passages are configured to create a swirling motion within the mixing chamber.
Phillips teaches wherein the valve cartridge includes transfer passages through which fluid flows as the fluid approaches the mixing chamber, and the transfer passages are configured to create a swirling motion within the mixing chamber (Figure 4B: 45, 46, and 51) in order to create a uniform temperature (¶80, “Once the hot and cold water reach the area of convergence 47 formed by shoulders 51 located beneath and adjacent mixed fluid input passageway 48, the cold and hot water are rotationally mixed as described above while continued water flow forces the rotationally mixed water into the mixed fluid input passageway 48. When the mixed water is discharged from mixed fluid input passageway 48, mixed water having a substantially uniform temperature is achieved.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cartridge of Chen such that the valve cartridge includes transfer passages through which fluid flows as the fluid approaches the mixing chamber, and the transfer passages are configured to create a swirling motion within the mixing chamber in order to ensure uniform temperature.
Regarding claim 10, Chen as modified teaches all of the limitations of claim 9, but does not teach wherein the mixing chamber is substantially cylindrical in shape and the transfer passages are each configured to direct the fluid in a direction that is substantially tangential to a circle defining a perimeter of the cylindrical mixing chamber.
Phillips teaches wherein the mixing chamber is substantially cylindrical in shape and the transfer passages are each configured to direct the fluid in a direction that is substantially tangential to a circle defining a perimeter of the cylindrical mixing chamber (Figure 4B: 51 creates a cylindrical mixing chamber and the edges/faces of 45/46 are tangent to at least a portion of radius 51) in order to create a uniform temperature (¶80, “Once the hot and cold water reach the area of convergence 47 formed by shoulders 51 located beneath and adjacent mixed fluid input passageway 48, the cold and hot water are rotationally mixed as described above while continued water flow forces the rotationally mixed water into the mixed fluid input passageway 48. When the mixed water is discharged from mixed fluid input passageway 48, mixed water having a substantially uniform temperature is achieved.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mixing chamber and transfer passages of Chen as modified such that the mixing chamber is substantially cylindrical in shape and the transfer passages are each configured to direct the fluid in a direction that is substantially tangential to a circle defining a perimeter of the cylindrical mixing chamber in order to create a uniform temperature.
Allowable Subject Matter
Claims 11 and 13 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.
Regarding claim 11, the requirement that the cross-sectional area reduce in a direction of flow towards the mixing chamber is not shown in either Chen or Phillips, which are the closest prior art to the invention of claim 11. Furthermore, it would not have been obvious to make such a modification without some concrete teaching, suggestion, or motivation from the prior art directly as it is a non-trivial feature, i.e. it does not fall under the scope of Official Notice.
Regarding claim 13, there is nothing in the prior art which anticipates or renders obvious the rotatable element of the flow sensing means being coaxial with the shaft or probe. While rotatable flow sensing means are known, see Tsutsui (JPS6458879), there is no teaching, suggestion, or motivation to alter Chen to include the flow sensing means in the manner of claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tsutsui (JPS6458879).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCHYLER S SANKS whose telephone number is (571)272-6125. The examiner can normally be reached 06:30 - 15:30 Central Time, M-F.
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/SCHYLER S SANKS/Primary Examiner, Art Unit 2129