30Notice 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 Objections
Claim 21 is objected to because of the following informalities: the letter “f” in line 2 of the claim between the words “comprising” and “a push-push” seems errant. Appropriate correction is required.
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) 20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kohler (WO 2007/026153).
Regarding claim 20, Kohler discloses an apparatus capable of performing the following steps during normal use while discharging fluid, the steps, comprising:
providing a fluidic outflow unit (2), comprising multiple supply lines (4, 5) which are connectable to respective fluidic sources (hot water supply, cold water supply),
at least one outlet element (8a-8c, 22),
at least one flow control element (10a-10c, 23) for controlling a flow from one of the sources to one of the outlet elements, and
at least one connecting element (12) which fluidically connects the at least one outlet element to the at least one flow control element, wherein each said supply line is fluidically connected to a respective fluidic source and to at least one respective flow control element and fluidically connects the respective fluidic source and the respective flow control element to one another, and each said flow control element is uniquely assigned one said outlet elements;
discharging fluids from the outflow unit at different temperatures by providing different temperatures for the fluids at different sources (¶ [0037)].
Claim(s) 1, 19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kohler (WO 2007/026153) in view of Liposky (U.S. Pat. 3,678,959).
Regarding claims 1 and 21, KOHLER discloses (the references in parentheses refer to this document, in particular Fig. 12): a fluidic outflow unit (2), in particular for use in a piece of furniture or in a sanitary fixture (Fig. 5: spray head 2), comprising:
* a plurality of supply lines (4, 5) connectable to respective fluidic sources (hot water supply, cold water supply),
* at least one outlet element (8a-8c, 22),
* at least one flow control element (10a-10c, 23) for controlling a flow from one of the sources to an outlet element of the outflow unit, and comprising:
* at least one, preferably flexible, connecting element (12) fluidically connecting the at least one outlet element of the outflow unit to the at least one flow control element of the outflow unit.
KOHLER discloses that the flow control element is manually switchable but does not specify that is switchable by a push-pull actuating apparatus. Liposky discloses a flow control element (valve, 10) manually switchable by a push-pull apparatus (14) (also actuated by push-push action).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to substitute Kohler’s valve with Liposky’s valve, which is manually switchable by a push-pull apparatus, since doing so would be a mere substitution of one known valve configuration for another known valve configuration with the expected results that the substituted valve would control flow (see MPEP 2143 I B).
Regarding claim 19, Kohler discloses a piece of furniture (2) or a sanitary object, comprising the fluidic outflow unit according to claim 1, wherein
the outflow unit (1) is inserted in an installation space inside the piece of furniture or the sanitary object (abstract: “housed within the spray head”),
the at least one outlet element is connected to a source via the at least one connecting element, and the at least one outlet element is inserted into a wall (seen in Fig. 5) of the piece of furniture or the sanitary object which delimits the installation space.
Claim(s) 1-8, 10, 11, 14, 15, 17 and 19 is/are rejected is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas (U.S. Pub. 2008/0178935) in view of Liposky (U.S. Pat. 3,678,959).
Regarding claims 1, 19, 20 and 21, THOMAS, which in its Fig. 6 also discloses several supply lines (24, 30), at least one flow control element (116, 46), and at least one outlet element (36, 48).
In particular, it should be noted that the devices of KOHLER and THOMAS allow any desired mixture of cold and warm water to be set using the mixing valve, so that the outlet unit can deliver fluids at different temperatures.
THOMAS discloses that the flow control element is manually switchable but does not specify that is switchable by a push-pull actuating apparatus. Liposky discloses a flow control element (valve, 10) manually switchable by a push-pull apparatus (14) (also actuated by push-push action).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to substitute Thomas’s flow control element with Liposky’s flow control element, which is manually switchable by a push-pull (and push-push) apparatus, since doing so would be a mere substitution of one known flow control element configuration for another known flow control element configuration with the expected results that the substituted flow control element would control flow (see MPEP 2143 I B).
Regarding claim 2, THOMAS discloses the supply lines are flexible because they can be adapted, as shown in Figs. 1, 6, and 7, just as the fluidic branching (42) can be seen in Figs. 6 and 7.
Regarding claims 3, 4, 5, 10: THOMAS discloses the at least one flow control element, as modified by Liposky, is provided with which the outlet jet (from jet opening 36) can be regulated. The flow is also regulated by the position of the valve.
Regarding claims 6, 7, 8, 11: THOMAS contains at least two flow control elements, as modified by Liposky, since the "fluid dispenser 40" is also provided with a shut-off valve (46). This shut-off valve is also fluidically connected to the control valve; The valves are operated manually.
Regarding claim 14, THOMAS discloses (see annotated Fig. 6, below) wherein the supply lines respectively comprise on a source side a connection piece for connection of the respective supply line to a respective one of the sources.
Regarding claim 15, THOMAS discloses (see annotated Fig. 6, below) wherein each of the flow control elements, as modified by Liposky, of the outflow unit comprises a source-side and an outlet-side fluidic interface which is couplable or is coupled to one of the flexible connecting elements respectively.
Regarding claim 17, THOMAS discloses (see annotated Fig. 6, below) wherein at least one of the at least one flow control element is designed as a unifier having at least two source-side fluidic interfaces which issue fluidically into an outlet-side fluidic interface.
Regarding claim 19, Thomas discloses a piece of furniture or a sanitary object (112), comprising the fluidic outflow unit according to claim 1, wherein
the outflow unit is inserted in an installation space inside the piece of furniture or the sanitary object (inserted into spout 35 of faucet assembly 112),
the at least one outlet element is connected to a source via the at least one connecting element, and
the at least one outlet element is inserted into a wall (wall of spout 35) of the piece of furniture or the sanitary object which delimits the installation space.
Claim(s) 12, 13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over KOHLER OR THOMAS and Liposky as applied to claim 1 above, and further in view of Blessing (U.S. Pub. 2014/0251454).
Regarding claims 12 and 13 neither KOHLER nor THOMAS specify that the fluid connecting elements are flexible; however, flexible synthetic hoses are old and well-known, as evidenced by BLESSING (¶ [0028).
Regarding claim 18, neither KOHLER nor THOMAS specify that wherein at least one of the supply lines, the at least one outlet element, the at least one flow control element, and the at least one connecting element are fluidically connected to one another in a flexible manner such that the outflow unit is adapted to be installed in differently shaped installation spaces; however, flexible synthetic hoses are old and well-known, as evidenced by BLESSING (¶ [0028]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over KOHLER OR THOMAS and Liposky as applied to claim 1 above, and further in view of Williams, et al. (“Williams”) (U.S. Pub. 2020/0309299).
Regarding claim 16, KOHLER AND THOMAS both disclose fluidic interfaces are connected in a fluidically tight manner into respective ones of the flexible connecting elements but neither mention the interfaces are “plugged in” respective ones of the flexible connecting elements. Williams discloses a fluid interface (600) which are “plugged in” flexible connecting elements (C). Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to substitute the fluidic interfaces with Williams’ fluidic interfaces, in which the flexible connecting elements can be “plugged in”, since doing so would be a mere substitution of one known fluidic interfaces for another known fluidic interfaces with the expected results that the substituted fluidic interfaces would connect the flexible connecting elements in a fluidically tight manner (see MPEP 2143 I B).
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Regarding claim 20, Thomas discloses an apparatus capable of performing the following steps during normal use while discharging fluid, the steps, comprising:
providing a fluidic outflow unit (112), comprising multiple supply lines (24, 30) which are connectable to respective fluidic sources (22, 28),
at least one outlet element (36, 48),
at least one flow control element (116, 46) for controlling a flow from one of the sources to one of the outlet elements, and
at least one connecting element (42) which fluidically connects the at least one outlet element to the at least one flow control element, wherein each said supply line is fluidically connected to a respective fluidic source and to at least one respective flow control element and fluidically connects the respective fluidic source and the respective flow control element to one another, and each said flow control element is uniquely assigned one said outlet elements;
discharging fluids from the outflow unit at different temperatures by providing different temperatures for the fluids at different sources (¶ [0037)].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892, attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J MELARAGNO whose telephone number is (571)270-7735. The examiner can normally be reached Mon - Fri: 8 am - 5 pm +/- flex.
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/MICHAEL J. MELARAGNO/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 January 30, 2026