DETAILED ACTION
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 1, 3, and 6-22 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 1 recites the limitation "hydraulic elements" in line 12. The limitations appear to be a double inclusion of hydraulic elements put forth in line 10. Does the limitation refer back to hydraulic elements put forth in line 10, or delineate a set of hydraulic elements separate from that put forth in line 10?
The remaining claims are rejected due to dependency from claim 1.
Claim Rejections - 35 USC § 102/103
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.
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(s) 1, 3, 7-15, 17-18 and 20-22 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Gjosa (WO2018122163), or in the alternative, under 35 U.S.C. 103 as obvious over Gjosa in view of Maddux (US 6,173,458).
Regarding claim 1, Gjosa discloses a water conditioning unit for a washing device, the water conditioning unit being configured to provide, controlled by a user, water at different flow rates and with different sprain characteristics and with additives admixed to the water, the water conditioning unit comprising:
an inlet fitting for attaching the water conditioning unit to a water supply (Page 26, lines 12-20, the facility includes connections for attaching the conditioning unit and water supply);
an outlet fitting (the outlet of 9) for attaching the water conditioning unit to a dispensing unit (6) (Page 33, lines 1-3);
one or more docking adapters (Page 33, lines 10-13, the opening of the consumable unit of the facility 26 that receives the containers) configured for attaching, one or more additive containers (45) (the limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight; Page 33, lines 10-13, the facility includes an opening of the consumable unit that receives containers);
wherein hydraulic elements guiding and controlling a flow of water between the inlet fitting and the outlet fitting are implemented in a hydraulic assembly (Figure 1), the hydraulic assembly comprising a total manifold ( 26) and hydraulic elements including sensors (Page 5, lines 15-17) and actuators (7) controlling the flow of water, the total manifold (26) comprising internal channels (9) guiding the flow of water and carrying the hydraulic elements (Page 25, lines 9-10; The disclosure suggests the actuators and sensors being carried on the manifold),
wherein the total manifold comprises a first plate (top plate of the cart) and second plate (bottom plate of the cart), attached to one another (Figure 4), with the internal channels arranged between the two plates and being defined by hollow spaces between the two plates (The disclosure suggests the claimed structure, as the elements of the system are all within the cart, and the cart appears to include an upper and lower plate defining it box structure; Further the channels are hollow spaces within the flow pipes).
Should it be found that Gjosa discloses the claimed structure, Maddux discloses a manifold that includes upper and lower plates (Figure 3, 60), hollow spaces between the two plates and channels (hollow spaces of 170, 172) guiding the flow of water arranged therebetween (Figure 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gjosa with the disclosures of Maddux, providing the total manifold to include upper and lower plates (Maddux, Figure 3, 60), hollow spaces between the two plates and channels (of Gjosa, Figure 1) guiding the flow of water arranged therebetween (Maddux, Figure 3), as the configurations were known in the art before the effective filing date of the claimed invention, and the modification would have yielded predictable results, including provision of structure for containment of the elements of the spray structure, in a system where the structure of the containment mechanism is not a critical element.
Regarding claim 3, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein the total manifold (26) functions as a support structure holding and supporting the hydraulic elements (Figure 4 and Page 33, lines 1-15, The manifold includes all of the elements encased within its body).
Regarding claim 6, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein, for one or more of the hydraulic elements, the total manifold is shaped to form a functional part of the hydraulic element (The limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight; the manifold is shaped to form a part of the hydraulic element functionally protecting the hydraulic elements).
Regarding claim 7, Gjosa discloses the water conditioning unit of claim 6, wherein the total manifold is shaped to form at least one valve seat for a hydraulic element that implements a valve function (the limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight; the shape of the manifold makes it capable of being used as a valve seat for a hydraulic element that performs a valve function; The receiving portion for the container is shaped in a manner where it may serve as a valve seat that receives a valve between the portion and the container).
Regarding claim 8 Gjosa discloses the water conditioning unit of claim 6, wherein the total manifold is shaped to form at least one flow restrictor for restricting a flow rate through one of the internal channels of the total manifold (the limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight, At the point of discharge from the manifold to the tube the shape provides for flow to be restricted dependent upon the size of the internal tubing of the manifold and the size of the receiving tube; Further the shape of the container receiving portion provides for restricting of flow rate into the channels from the container)
Regarding claim 9, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein the hydraulic assembly has an elongated shape (Figure 1 ), with a first end (the end with the inlet fittings) and a second end opposed to the 1st end (figure 4, the end of line 29), the inlet fitting and the outlet fitting both being arranged at the first end (Figure 1 Depicts the inlet and the outlet being at the first end, with the portion on the exterior of the manifold being the second end).
Regarding claim 10, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein, inside the hydraulic assembly, a high flow water channel (Page 19, lines 8-17, the assembly may include a second kind of outlet that is not a low through-flow rate outlet; Examiner interprets this as a high flow rate) controlled by a high flow valve (the valve of line 5.2), constitutes a shortest flow path for the water flowing from the inlet fitting to the outlet fitting (Figure 1, line 5.2 it's shorter than line 5.1 ) that are implemented in the hydraulic assembly.
Should it be found that Gjosa fails to disclose the valve of line 5.2 being the high flow valve, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange line 5.2 and the valve controlling line 5.2 as the high flow line and valve, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 11, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein, inside the hydraulic assembly, an initial spray flow path leads from the inlet fitting to a branch point common and branches into a spray water channel and an admixing channel, the spray water channel being controlled by a plain water valve and leading to a junction that, in turn, leads to the outlet fitting, the admixing channel being controlled by a mixer valve and leading to a second end and from there into an admixing section of the ad mixing channel, the admixing section leading back in the direction of a first end, to the junction (Examiners Annotated Figure 1).
Should it be found that the limitations require the ad mixing channel to positively discharge add mixed fluid, Page 29, lines 4-15 suggest that the consumable unit may be arranged as necessary. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the consumable within the admix channel as claimed, since it has been held that arrangement of parts ...since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
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Examiner’s Annotated Figure 1
Regarding claim 12, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein a pressure reducer (8) is arranged to limit a pressure at a branching point (the branching point that connects lines 5.1-5.3 and 8), where it branches into a spray water channel (5.2) and an admixing channel (5.1) (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight, Figure 1, The overpressure valve is interpreted as a pressure reducer, as it is positioned to lower the pressure of the branch line, as fluid flows to the spray water channel and admixing channel).
Regarding claim 13, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein a flow restrictor is arranged to further limit a flow in the spray water channel (Page 31, lines 1-6 the spray is configured to be limited at an outlet of the spray water channel).
Regarding claim 14, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein the total manifold (26) further comprises a mixing manifold arranged on or being part of the second plate (page 16, line mixing device and channel 5.2) (all of the element sit on the second plate of the cart), the mixing manifold comprising an admixing channel (5.2) arranged to guide a flow of water from a second end to a first end (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; The channel by structure is capable of guiding fluid as it its propelled) with additive inlets (The inlets from the containers 31) arranged along the admixing channel (Figure 4) for admixing additives to the flow of water (channel (5.2) arranged to guide a flow of water from the second end to the first end (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; The inlets are capable of performing the claimed function).
Regarding claim 15, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 14, wherein a volume of the admixing channel, from the first additive inlet, seen in the direction of flow, to a junction (the junction between the inlet and the channel), is less than thirty millilitres, (Page 3, lines 1-2).
Regarding claim 17, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein all hydraulic elements guiding and controlling a flow of water between the inlet and the outlet fitting are arranged inside a compact base (Figure 4).
Regarding claim 18, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 17, wherein the base unit is configured for the, one, two or more additive contains to be inserted into and connected to corresponding docking adapters in a vertical direction (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Figure 4).
Regarding claim 20, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 1, wherein the base unit comprises user interface elements comprising additive selecting elements, in particular one selector button for each docking adapter or additive source (Figure 3 and page 32, lines 8-9, the device includes more than two selector buttons), and an additive concentration controller for setting an amount of additive delivered from one or more selected docking adapters or additive sources when the water conditioning unit is in an additive dispensing mode (the limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Page 32, lines 5-11, the device includes controls for changing the amount of a consumable added), and admixing mode selecting elements (Page 32, lines 9-11, the device includes controls for switching between programs), and indicator elements (21.1), indicating the one or more selected docking adapter or additive source (Page 31, lines 17-18, the display indicates the kind and amount of consumable added).
Regarding claim 21, Gjosa alone or in combination with Maddux discloses the water conditioning unit or claim 20, wherein the user interface is configured to allow for more than one docking adapter or additive source to be selected, and wherein a controller is configured to (the limitations that follow are interpreted as a recitation of intended use, and therefore afforded limited patentable weight, for a particular setting of the additive concentration controller, wherein:
if a single docking adapter or additive source is selected, to control the amount of additive delivered by this single docking adapter or additive source to be equal to a reference amount corresponding to this particular setting of the additive concentration controller (Page 32, lines 5-11, the controller may change set points, switch between consumables, and adjust the amount of a consumable added); and
if two or more docking adapters or additive sources are selected, to control the total amount of additive delivered by these two or more docking adapters or additive sources to be equal to the same reference amount corresponding to this particular setting of the additive concentration controller (Page 32, lines 5-11, the controller may change set points, switch between consumables, and adjust the amount of a consumable added).
Regarding claim 22, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 2, configured to implement, for at least one of the additives, one or more of the following admixing modes:
a continuous admixing mode, wherein, the flow of the additive and the water is continuous;
a pulsed additive admixing mode, wherein the flow of the additive is pulsed;
a pulsed water admixing mode, wherein the flow of the water is pulsed (Page 32, lines 5-11, the system can do a repeating cycle, which Examiner interprets as a pulsed cycle).
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.
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gjosa alone or in combination with Maddux.
Regarding claim 19, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 17, wherein the base unit is configured for additive containers arranged in a line to be inserted into and connected to corresponding docking adapters in a vertical direction (Figure 4), but fails to disclose that the device is configured for three or more.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gjosa to include provision for 3 additive containers, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis, 193 USPQ 8.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Gjosa alone or in combination with Maddux in view of Samain (WO2018122223).
Regarding claim 16, Gjosa alone or in combination with Maddux discloses the water conditioning unit of claim 14, comprising two or more pumps with their axes of rotation at least approximately at a right angle to a direction of the admixing channel (Page 17, line 5, the mixing device may include at least one pump; Examiner interprets the disclosure as suggesting the possibility of two or more pumps), but fails to disclose that the pumps are peristaltic, the pumps are arranged in a row, or wherein the two outermost pumps are arranged to turn in opposite directions.
Samain discloses a device wherein each individual additive container (21, 22) includes a pump (26) (Figure 1), wherein the pumps are peristaltic pumps (page 20, line 24), wherein the pumps are arranged in a row (Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gjosa with the disclosures of Samain, providing the unit to include two or more peristaltic pumps arranged in a row, as the configurations were known in the art before the effective filing date of the claimed invention, and the modification would have yielded predictable results, including provision for addition of fluid into the water flow, in a system where the additive structure is not a critical element.
Gjosa in view of Samain further discloses a system wherein the pumps are arranged approximately at a right angle (as best understood; Samain, Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gjosa, providing the pumps arranged to turn in opposite directions, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Response to Arguments
Applicant's arguments filed 4/27/2026 have been fully considered but they are not persuasive.
As to Applicants position that the Gjosa cart does not include plates, the cart appears to be box shaped with a top surface that receives dispensing elements, dispensing structure within the cart, and a bottom surface that includes wheels. The structure appears to include a top plate that receives the dispensing elements via the attached control plate (Figure 3) and a bottom plate that receives the wheels. The two surfaces are attached by the front surface shown in figure 4. While the disclosure does not explicitly put forth the structure, the disclosure does suggest the structure by the drawings.
As to Applicant’s position that the channels do not read on the claimed hollow spaces, the spaces within the tubes 170 and 172 are channels, as they are mediums for communication of the fluid. The channels are arranged between the two plates, and the channels are defined by the hollow spaces of the tubes. Examiner does not contemplate filling the hollow space itself with water, but the hollow space, within the tubes, that are within the plates.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Gjosa discloses provision of a cart, which would motivate one of ordinary skill in the art to provide a cart of a desired structure. Maddux discloses a cart within the same field of endeavor (dispensing), that includes an upper and lower plate with hollow channels. The knowledge was within the level of ordinary skill in the art at the time the invention was made. Examiner recommends amending limitations to put forth the upper plate, lower plate and side surfaces of the cart defining internal channels, providing the water at different flow rates, in order to overcome the current rejection.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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