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 .
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, 3-9, 12, and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abanto (US PG Pub # 2006/0243330). The Abanto reference discloses a faucet fixture water temperature indicator device (para. # 0013) comprising:
a water temperature indicator device (22) having a front surface and a rear adhesive surface (para. # 0020) including at least a semi-circular shape for securing around a circular faucet fixture (Figs. 2 & 3);
wherein said rear adhesive surface adhering to a surface surrounding the faucet fixture (para. # 0019);
wherein said front surface having a plurality of sequential faucet position markers (para. # 00200; and
further wherein said front surface having at least two colors including a first color coded portion and a second color coded portion (para. # 0020).
With respect to claim 3, Abanto discloses sequential faucet position markers having location indicators (50,60) for positioning a handle of the faucet to a preferred position (para. # 0023).
With respect to claim 4, Abanto discloses said location indicators (50, 60) corresponding to temperature settings for dispensing of water from the faucet (para. # 0023).
With respect to claim 5, Abanto discloses said preferred position is a preferred temperature setting of the handle of the faucet (para. # 0022).
With respect to claim 6, Abanto discloses a handle indicator (24) applied to the faucet handle for aligning the faucet handle with said front surface (para. # 0019).
With respect to claim 7, Abanto discloses said location indicators (50, 60) are relief indicators (para. # 0021-0022).
With respect to claim 8, Abanto discloses that the handle indicator (24) is a relief indicator (para. # 0019).
With respect to claim 9, the indicator device is simi-circular (Figs. 2 & 3; para. # 0019).
With respect to claim 12, the color red is used for hot, and the color blue is used to indicate cold (para. # 0020).
Claims 14-20 are redundant, as these claims simply repeat the limitations already addressed, above.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Abanto (US PG Pub # 2006/0243330). The different colored portions of the dial plate (I.E.: “water temperature indicator device”) are of different sized portions of the front surface of the dial, instead of being of equal sizes, but this was a mere aesthetic design choice, as the geometric appearance of the label could be arbitrarily changed to suit customer preference (see para. # 0023). See, also, MPEP § 2144.04, subsection (I).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Abanto (US PG Pub # 2006/0243330) in view of Britt (GB # 2110864 A). The Abanto reference does not expressly state that the indicia disclosed are phosphorescent, but the Britt reference shows that it was known to place phosphor material on indica (Abs.)1 to make them easier to read2, and it would have been obvious to the ordinary practioner to modify the indicia of Abanto to be phosphorescent, in order to aid people with vision problems see the indica in a hazy, foggy shower.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Abanto (US PG Pub # 2006/0243330). The Abanto reference does not expressly state that his dial plate (I.E.: “water temperature indicator device”) is “waterproof”, but since it is for use in the “shower”, then it is implied that the dial plate disclosed is waterproof, and if not, it would have been obvious to the ordinary practioner to waterproof a dial plate for a shower faucet to prevent it from being damaged from its placement in an inherently humid environment.
Conclusion
Claim 13 is 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The other art cited but not applied show the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RANDY W GIBSON whose telephone number is (571)272-2103. The examiner can normally be reached Tue-Friday 10AM-6PM.
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RANDY W. GIBSON
Primary Examiner
Art Unit 2856
/RANDY W GIBSON/Primary Examiner, Art Unit 2855
1 “A phosphorescent escape route indicator comprising at least one protruding indicium 16 formed in or attached to a sheet of material. The protruding indicium 16 has incorporated therein a phosphorescent substance capable of emitting a glow in the absence of light. An adhesive layer 20 formed on the sheet is utilized to apply the indicator to the surface of walls or stairways thereby aiding in delineating escape routes or access routes to emergency equipment during time of emergency.”
2 “…Figures 5 and 6 of the drawings illustrate another embodiment of this invention in which a phosphorescent indicator 50 is made as an individual element rather than in the form of a tape of indefinite length as with indicator 10. The actual makeup of each indicator 50, however, is similar to the makeup of indicator 10 in that indicia 52 project from the surface 54 of a sheet 56 of material from which indicator 50 is produced. In a manner similar to the construction of phosphorescent indicator 10, indicator 50 utilizes a phosphorescent substance 58 applied to the undersurface 60 of indicia 52. The adhesive 62 is only applied to the undersurface 64 of sheet 56 which does not incorporate indicia 52 therein.
For purposes of illustration, indicia 52 takes the form of an arrowhead, however, any other suitable configuration may be utilized in place thereof. As stated hereinabove, since the application of phosphorescent indicator 50 is identical to the usage of indicators 10 and 30 a detailed description of this use need not be repeated herein…”