DETAILED ACTION
Allowable Subject Matter
Claims 5, 6, 8, 8, 11, and 12 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.
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 (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.
Election/Restrictions
Claims 3 and 17 were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/10/2025.
Status of Claims
Claims 1-20 are currently pending.
Claims 3 and 17 are withdrawn.
Claims 1, 2, 4-16, and 18-20 are examined in this office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/18/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Linear and Rotating Valve for a Sanitary Device
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, 2, 4, 7, 10, 13-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buchmuller DE102019103609A1 (“Buchmuller”).
Regarding Claim 1, Buchmuller discloses a fluid flow control valve assembly (fig. 2 and ann. fig. 3) comprising: a fluid flow control valve (1) including a first flow control member (ann. fig. 3) having one or more flow channels (8), and a second flow control member (40) disposed adjacent to the first flow control member (ann. fig. 3), wherein the second flow control member (40) is moveable relative to the first flow control member (ann. fig. 3); a first valve actuator (38) causing movement of the second flow control member (40) relative to the first flow control member (ann. fig. 3); and an operating member (22) operably connected to the first valve actuator (38); wherein, in use, the operating member (22) moves in a linear direction (24) and the operating member (22) acts in turn on the first valve actuator (38) to move the second flow control member (40), wherein movement of the second flow control member (40) adjusts the position of the second flow control member (40) relative to the one or more flow channels (8) in the first flow control member (ann. fig. 3) such that a flow rate through the fluid flow control valve (1) may be increased or decreased.
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BUCHMULLER – ANNOTATED FIGURE 3
Regarding Claims 2 and 16, Buchmuller discloses the fluid flow rate through the fluid flow control valve (10) is always a non-zero value (supply hot and cold water flow through the valve up to the valve seat and acts on the second control member (diaphragm 40).
Regarding Claims 4 and 18, Buchmuller discloses the first valve actuator (38) causes linear movement (24) of the second flow control member (40) relative to the first flow control member (ann. fig. 3).
Regarding Claim 7, Buchmuller discloses one or more of the flow channels (ann. fig. 3) comprise an aperture passing through the first flow control member (40).
Regarding Claim 10, Buchmuller discloses one connecting piece (ann. fig. 3) connect an end of the operating member (22) to another elongate member (38).
Regarding Claim 13, Buchmuller discloses the ablutionary fitting provides a principal stream of fluid having a user-desired temperature. A recitation of the intended use “ablutionary fitting “ of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Here, Buchmuller discloses a principal stream of fluid having a user-desired temperature.
Regarding Claim 14, Buchmuller discloses a controller (ann. fig. 3) comprising: a fluid control valve assembly (fig. 2 and ann. fig. 3) including: a fluid flow control valve (1) including a first flow control member(ann. fig. 3) having one or more flow channels (8), and a second flow control member (40) disposed adjacent to the first flow control member (ann. fig. 3), wherein the second flow control member (40) is moveable relative to the first flow control member (ann. fig. 3); a first valve actuator (38) causing movement of the second flow control member (40) relative to the first flow control member (ann. fig. 3); and an operating member (22) operably connected to the first valve actuator (38); wherein, in use, the operating member (22) moves in a linear direction (24) and the operating member (22) acts in turn on the first valve actuator (38) to move the second flow control member (40), wherein movement of the second flow control member (40) adjusts the position of the second flow control member (40) relative to the one or more flow channels (8) in the first flow control member (ann. fig. 3) such that a flow rate through the fluid flow control valve (1) may be increased or decreased; and a user input device (ann. fig. 3) operably connected to the operating member (22) of the fluid flow control valve assembly (1).
Regarding Claim 15, Buchmuller discloses the user input device includes a rotary control member (16).
Regarding Claim 19, Buchmuller discloses a plumbing system comprising: a fluid flow control valve assembly (fig. 2 and ann. fig. 3) including: a fluid flow control valve (1) including a first flow control member (ann. fig. 3) having one or more flow channels (8), and a second flow control member (40) disposed adjacent to the first flow control member (ann. fig. 3), wherein the second flow control member (40) is moveable relative to the first flow control member (ann. fig. 3); a first valve actuator (38) causing movement of the second flow control member (40) relative to the first flow control member (ann. fig. 3); and an operating member (22) operably connected to the first valve actuator (38); wherein, in use, the operating member (22) moves in a linear direction (24) and the operating member (22) acts in turn on the first valve actuator (38) to move the second flow control member (40), wherein movement of the second flow control member (40) adjusts the position of the second flow control member (40) relative to the one or more flow channels (8) in the first flow control member (ann. fig. 3) such that a flow rate through the fluid flow control valve (1) may be increased or decreased; and a controller (16) including a user input device (ann. fig. 3) operably connected to the operating member (22) of the fluid flow control valve assembly (fig. 2 and ann. fig. 3).
Regarding Claim 20, Buchmuller discloses including one or more fluid delivery devices (faucet) downstream of the fluid control valve assembly (1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daphne Barry whose telephone number is (571)272-9966 and fax number is (571) 273-9966. The examiner can normally be reached on Monday through Friday 9 AM-6 PM (eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor either Kenneth Rinehart can be reached at (571) 272-4881 or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAPHNE M BARRY/Primary Examiner, Art Unit 3753