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 .
Election/Restrictions
Applicant's election with traverse of Species I (Figs. 10-23, claims 1-2, 4-10, 12-16, and 18-20) in the reply filed on 8/5/2025 is acknowledged. The traversal is on the ground(s) that the species have been construed too narrowly and that Figs. 3a-1 - 3a-3, 3b-1 - 3b-3, 4-5, and 8 should be included in Species I because it would not significantly increase the search or examination requirements to include the features shown in these figures. This is not found persuasive because:
Species I (Figs. 10-23) does not include a wireless network (as recited in claim 7). It instead includes a wired connection via the transmission line between the control module and the activation sensor/display assembly. The wireless network is included in Figs. 3a-1 - 3a-3, 3b-1 - 3b-3, and 5. With respect to Figs. 4-5 and 8, these figures depict a control box that includes the electronic valve and control module, which is inconsistent with the control box depicted in Figs. 10-23. Clearly, there exists unrelated features among the species of claimed inventions which will require a separate search area for each species/subspecies and thus impose a burden in search and examination for the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Claims 3, 11, and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/5/2025. Further, claim 7 has been withdrawn from further consideration because claim 7 is directed to a non-elected embodiment (Species E).
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 2, 5, 8, 10, 12-14, 16, and 18-20 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.
Regarding claim 2, the claim recites “the transmission line extends directly in the flow path” in lines 1-2. It is unclear how applicant intends this to further limit claim 1, which recites “the transmission line extending through the flow path” (in lines 11-12). Examiner notes that Paragraph 00144 of the specification defines the flow path based on an inner surface of the wand hose, but does not define a difference between “through the flow path” and “directly in the flow path.” For purposes of examination only, the limitation “directly in the flow path” will be interpreted to require that the transmission line is in contact with water in the flow path. Examiner believes this to be consistent with the written description (see description of unelected embodiment having transmission lines extending “indirectly through the flow path” in Paragraph 00206).
Regarding claims 5, 14, and 20, “the flow path of the wand” is recited in each claim. There is insufficient antecedent basis for this limitation in each claim, as the flow path is defined in claims 1, 9, and 15 as part of the wand hose.
Regarding claim 8, the claim recites “the activation sensor/display assembly display” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 10, the claim recites “the transmission line extends directly through the flow path” in lines 1-2. Similar to claim 2 above, it is unclear how applicant intends this to further limit claim 9. For purposes of examination only, the limitation “directly through the flow path” will be similarly interpreted to require that the transmission line is in contact with water in the flow path.
Regarding claims 10, 12-14, 16, and 18-20, each claim recites either “The wand transmission system of claim 9” or “The wand transmission system of claim 15” in the preamble. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the claims will be interpreted to refer to the respective plumbing systems of claims 9 and 15.
Regarding claim 16, the claim recites “the actuation sensor/display assembly” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 19, the claim recites “the downstream end of the wand hose” in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ye et al. (WO 2021/194958).
Regarding claim 1, Ye et al. disclose a plumbing system (Fig. 1) comprising:
a body (107) operable to be mounted on a mounting surface (see Fig. 2B); a wand (104) with a discharge outlet operable to deliver water, the wand being operable to pull away from the body (Page 6, final paragraph); an electronic valve operable to control a flow of water to the wand (Page 5, first full paragraph); a wand hose (101) with a flow path operable to carry water from the electronic valve to the wand, the flow path extending through the body (Page 7, first paragraph); an activation sensor/display assembly (shown as sensor 208 in Fig. 2A) disposed on the wand; a control module in electronic communication with the activation sensor/display assembly and the electronic valve (sensor/detector, controller, and valve are in electrical communication; Page 8, last full paragraph); and a transmission line coupled with the activation sensor/display assembly (sensor/detector communicates with a power source via a wire; Page 5, third full paragraph), the transmission line extending through the flow path of the wand hose (shown as 313 in Fig. 3 and 413 in Fig. 4); wherein the activation sensor/display assembly is operable to generate an output based upon a user input (sensor/detector send information to controller; Page 5, first full paragraph); wherein the control module is operable to receive the output of the activation sensor/display assembly and generate an output command to control the electronic valve (controller receives information from sensor/detector and actuates valve; Page 5, first full paragraph); and wherein the electronic valve adjusts the flow of water delivered to the wand based upon the output generated by the control module (valve actuated by controller is associated with a water source; Page 5, first full paragraph).
Regarding claim 4, Ye et al. further disclose that the control module is in electronic communication with the activation sensor/display assembly (sensor/detector is in communication with controller; Page 5, first full paragraph) via the transmission line (communication is via the wire in the hose; Page 5, third full paragraph).
Regarding claim 6, Ye et al. further disclose that the activation sensor/display assembly includes a proximity sensor (presence sensor; Page 5, last paragraph).
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.
Claims 1-2, 4-6, 8-10, 12-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Davidson et al. (US 2009/0039176) in view of Tseng et al. (US 2015/0354186).
Regarding claim 1, Davidson et al. disclose a plumbing system (Figs. 1-4) comprising: a body (20) operable to be mounted on a mounting surface (18, Paragraph 0020); a wand (30) with a discharge outlet operable to deliver water (32, 34), the wand being operable to pull away from the body (Paragraphs 0021, 0031); an electronic valve (38, Fig. 1) operable to control a flow of water to the wand (Paragraph 0022); a wand hose (24) with a flow path operable to carry water from the electronic valve to the wand, the flow path extending through the body (Fig. 2); an activation sensor/display assembly (50) disposed on the wand (Figs. 2 and 4); a control module (52) in electronic communication with the activation sensor/display assembly and the electronic valve (Paragraph 0022); wherein the activation sensor/display assembly is operable to generate an output based upon a user input (Paragraphs 0028-0030); wherein the control module is operable to receive the output of the activation sensor/display assembly and generate an output command to control the electronic valve (Paragraph 0025, Fig. 3); and wherein the electronic valve adjusts the flow of water delivered to the wand based upon the output generated by the control module (Paragraph 0025, Fig. 3).
Davidson et al. also disclose a transmission line coupled with the activation sensor/display assembly (50 coupled to 52 via wired connection, Paragraph 0028), but are silent regarding the transmission line extending through the flow path of the wand hose. Tseng et al. teach a similar plumbing system (Figs. 1 and 2) having a wand (30), a wand hose (10), an activation sensor/display assembly (LED elements 40) disposed on the wand (Paragraph 0068, Fig. 5), and a transmission line (60) coupled with the activation sensor/display assembly (via circuit board 50) and extending through the flow path of the wand hose (Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the plumbing system of Davidson et al. with the transmission line configuration taught by Tseng et al. in order to transmit power and/or data from the activation sensor/display assembly to the control module. Since Davidson et al. is silent as to the details of a wired connection, one having ordinary skill in the art would look to the prior art for such a connection, and Tseng et al. provides a suitable example that could be incorporated into the system of Davidson et al. with a reasonable expectation of success.
Regarding claim 2, the transmission line taught by Tseng et al. extends directly in the flow path of the wand hose (Figs. 4-6; Paragraph 0107).
Regarding claim 4, Davidson et al. further discloses that the control module is in electronic communication with the activation sensor/display assembly via the transmission line (Paragraph 0028).
Regarding claim 5, Davidson et al.-Tseng et al. in combination teach the plumbing system of claim 1, as described above. Tseng et al. further teach a control box (20; Figs. 1-4 and 6) operable to direct the transmission line and the water from the electronic valve into the flow path of the wand (Paragraph 0080). Tseng et al. teach this feature as a means of introducing the transmission line into the flow path while preventing leakage of water (Paragraph 0110).
Having incorporated the transmission line of Tseng et al. into the plumbing system of Davidson et al., it would have further been obvious to one having ordinary skill in the art before the effective filing date of the application to also employ the control box taught by Tseng et al. in order to prevent water leakage where the transmission line enters the flow path.
Regarding claim 6, Davidson et al. further discloses that the activation sensor/display assembly includes a proximity sensor (70, Paragraph 0029).
Regarding claim 8, Davidson et al. further discloses that the control module is operable to generate an output command which causes the activation sensor/display assembly display to generate a user-detectable output (illumination of LEDs on indicator 130; Paragraph 0051).
Regarding claim 9, Davidson et al. discloses a plumbing system (Figs. 1-4) comprising: a body (20) operable to be mounted on a mounting surface (18, Paragraph 0020); a wand (30) including a discharge outlet (32, 34) operable to deliver water and an activation sensor/display assembly (50) operable to generate an output signal based upon a user input (Paragraphs 0028-0030); a control module (52) being operable to receive the signal from the activation sensor/display assembly and generate an output command to control an operation of the plumbing system based upon the received signal from the activation sensor/display assembly (Paragraph 0025, Fig. 3); a wand hose (24) fluidly coupled with the discharge outlet of the wand, the wand hose including a flow path operable to deliver water to the discharge outlet (Fig. 2); wherein the wand is operable to be mounted in a downstream end of the body and to be pulled away from the body (Paragraphs 0021, 0031).
Davidson et al. also disclose a transmission line coupled with the activation sensor/display assembly (50 coupled to 52 via wired connection, Paragraph 0028), but are silent regarding the transmission line extending through the flow path of the wand hose. Davidson et al. are also silent regarding an inlet fitting or an outlet fitting to enable the transmission line to enter/exit the flow path.
Tseng et al. teach a similar plumbing system (Figs. 1 and 2) having a wand (30), a wand hose (10), an activation sensor/display assembly (LED elements 40) disposed on the wand (Paragraph 0068, Fig. 5), and a transmission line (60) coupled with the activation sensor/display assembly (via circuit board 50) and extending through the flow path of the wand hose (Fig. 4). Tseng further teach an inlet fitting (23, 25; Fig. 6) operable to enable the transmission line to enter the flow path of the wand hose (Paragraph 0080); and an outlet fitting (320, 329; Figs. 5, 16, and 18) operable to enable the transmission line to exit the flow path of the wand hose (Paragraph 0088). Tseng et al. teach that the inlet fitting and outlet fitting fix the transmission line in place and prevent water leakage (Paragraph 0110).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the plumbing system of Davidson et al. with the transmission line configuration taught by Tseng et al. in order to transmit power and/or data from the activation sensor/display assembly to the control module. Since Davidson et al. is silent as to the details of a wired connection, one having ordinary skill in the art would look to the prior art for such a connection, and Tseng et al. provides a suitable example that could be incorporated into the system of Davidson et al. with a reasonable expectation of success. Having incorporated the transmission line of Tseng et al. into the plumbing system of Davidson et al., it would have further been obvious to one having ordinary skill in the art before the effective filing date of the application to also employ the inlet fitting and outlet fitting taught by Tseng et al. in order to fix the transmission line in place and prevent water leakage where the transmission line enters and exits the flow path.
Regarding claim 10, the transmission line taught by Tseng et al. extends directly through the flow path of the wand hose (Figs. 4-6; Paragraph 0107).
Regarding claim 12, the transmission line taught by Tseng et al. transmits power to the activation sensor/display assembly (via circuit board 50, Paragraph 0068).
Regarding claim 13, Davidson et al.-Tseng et al. in combination teach the plumbing system of claim 9, as described above. Davidson et al. disclose that the plumbing system may include a swivel coupling (36; Fig. 2; Paragraph 0021), but do not explicitly describe that the wand is operable to swivel about a downstream end of the wand hose.
Tseng et al. further teaches a wand that is operable to swivel about a downstream end of the wand hose (via coupling member 70 and angle limiter 80; Paragraph 0081; Figs. 5 and 20). Tseng et al. teach that this configuration allows a limited amount of rotation to protect the transmission line from being over extended (Paragraph 0083).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to further modify the combined invention of Davidson et al. and Tseng et al., as described above, with the wand coupling taught by Tseng et al. in order to allow the wand to swivel while protecting the transmission line from being over extended.
Regarding claim 14, Davidson et al.-Tseng et al. in combination teach the plumbing system of claim 9, as described above. Tseng et al. further teach a control box (20; Figs. 1-4 and 6) operable to direct the transmission line and the water from the electronic valve into the flow path of the wand (Paragraph 0080). Tseng et al. teach this feature as a means of introducing the transmission line into the flow path while preventing leakage of water (Paragraph 0110).
Having incorporated the transmission line of Tseng et al. into the plumbing system of Davidson et al., it would have further been obvious to one having ordinary skill in the art before the effective filing date of the application to also employ the control box taught by Tseng et al. in order to prevent water leakage where the transmission line enters the flow path.
Regarding claim 15, Davidson et al. discloses a plumbing system (Figs. 1-4) comprising: a body (20) operable to be mounted on a mounting surface (18, Paragraph 0020); a wand (30) including a discharge outlet (32, 34) operable to deliver water and an activation sensor/display assembly (50) operable to generate a user-detectable output (via indicator 130; Fig. 3; Paragraph 0045); a control module (52) being operable to generate an output command to the activation sensor/display assembly based upon an operation of the plumbing system (e.g., 52 causes 130 to illuminate based on user selection of temperature or flow rate; Paragraph 0051); a wand hose (24) fluidly coupled with the discharge outlet of the wand, the wand hose including a flow path operable to deliver water to the discharge outlet (Fig. 2); wherein the wand is operable to be mounted in a downstream end of the body and to be pulled away from the body (Paragraphs 0021, 0031); and wherein the activation sensor/display assembly is operable to generate a user-detectable output based upon the output command of the control module (illumination of LEDs on indicator 130; Paragraph 0051).
Davidson et al. also disclose a transmission line coupled with the activation sensor/display assembly (50 coupled to 52 via wired connection, Paragraph 0028), but are silent regarding the transmission line extending through the flow path of the wand hose. Davidson et al. are also silent regarding an inlet fitting or an outlet fitting to enable the transmission line to enter/exit the flow path.
Tseng et al. teach a similar plumbing system (Figs. 1 and 2) having a wand (30), a wand hose (10), an activation sensor/display assembly (LED elements 40) disposed on the wand (Paragraph 0068, Fig. 5), and a transmission line (60) coupled with the activation sensor/display assembly (via circuit board 50) and extending through the flow path of the wand hose (Fig. 4). Tseng further teach an inlet fitting (23, 25; Fig. 6) operable to enable the transmission line to enter the flow path of the wand hose (Paragraph 0080); and an outlet fitting (320, 329; Figs. 5, 16, and 18) operable to enable the transmission line to exit the flow path of the wand hose (Paragraph 0088). Tseng et al. teach that the inlet fitting and outlet fitting fix the transmission line in place and prevent water leakage (Paragraph 0110).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the plumbing system of Davidson et al. with the transmission line configuration taught by Tseng et al. in order to transmit power and/or data from the activation sensor/display assembly to the control module. Since Davidson et al. is silent as to the details of a wired connection, one having ordinary skill in the art would look to the prior art for such a connection, and Tseng et al. provides a suitable example that could be incorporated into the system of Davidson et al. with a reasonable expectation of success. Having incorporated the transmission line of Tseng et al. into the plumbing system of Davidson et al., it would have further been obvious to one having ordinary skill in the art before the effective filing date of the application to also employ the inlet fitting and outlet fitting taught by Tseng et al. in order to fix the transmission line in place and prevent water leakage where the transmission line enters and exits the flow path.
Regarding claim 16, Davidson et al. further discloses that the activation sensor/display assembly includes an activation display (130; Paragraph 0045).
Regarding claim 18, Davidson et al. further discloses that the activation sensor/display assembly is operable to generate an output signal based upon a user input (Paragraphs 0028-0030) and the control module is operable to generate an output command to control an operation of the electronic valve based upon the received signal from the activation sensor/display assembly (Paragraph 0025, Fig. 3).
Regarding claim 19, Davidson et al.-Tseng et al. in combination teach the plumbing system of claim 15, as described above. Davidson et al. disclose that the plumbing system may include a swivel coupling (36; Fig. 2; Paragraph 0021), but do not explicitly describe that the wand is operable to swivel about a downstream end of the wand hose.
Tseng et al. further teaches a wand that is operable to swivel about a downstream end of the wand hose (via coupling member 70 and angle limiter 80; Paragraph 0081; Figs. 5 and 20). Tseng et al. teach that this configuration allows a limited amount of rotation to protect the transmission line from being over extended (Paragraph 0083).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to further modify the combined invention of Davidson et al. and Tseng et al., as described above, with the wand coupling taught by Tseng et al. in order to allow the wand to swivel while protecting the transmission line from being over extended.
Regarding claim 20, Davidson et al.-Tseng et al. in combination teach the plumbing system of claim 15, as described above. Tseng et al. further teach a control box (20; Figs. 1-4 and 6) operable to direct the transmission line and water into the flow path of the wand (Paragraph 0080). Tseng et al. teach this feature as a means of introducing the transmission line into the flow path while preventing leakage of water (Paragraph 0110).
Having incorporated the transmission line of Tseng et al. into the plumbing system of Davidson et al., it would have been obvious to one having ordinary skill in the art before the effective filing date of the application to also employ the control box taught by Tseng et al. in order to prevent water leakage where the transmission line enters the flow path.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form. In particular, Pitsch et al. (US 2022/0098837), in addition to applicant-provided references Birchfield et al. (US 2020/0341498), Kinicki et al. (US 2022/0307245), and Rodenbeck et al. (US 2007/0246550) disclose plumbing systems relevant to the independent claims of the instant application. Griffiths et al. (GB 2485832), in addition to applicant-provided references Nelson et al. (US 2016/0025246) and Davidson et al. (US 10,662,625) teach wand hoses with transmission lines extending through the flow path that could be applicable to such plumbing systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 October 21, 2025