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 .
Response to Amendment
This action is responsive to communication filed on 01/09/2026. Claims 1-14 remain pending, with claim 13 currently amended.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1-5, 7-9, 11, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 9,920,508 (hereinafter Chen).
Regarding claim 1, Chen discloses a hybrid faucet system (400) comprising:
a faucet body (102) comprising a sensor (112, 114) configured to detect a user and an outlet (adjacent aerator 106);
a temperature control system (108, 602) configured to receive hot water (130) from a hot water supply and cold water (128) from a cold water supply and mix the hot water and cold water to form mixed water; a water volume control (652, 110) configured, when the hybrid faucet system is operated manually, to receive mixed water from the temperature control system (602) and control a flow rate of water that is dispensed from the outlet of the faucet body (col. 14, ln. 23-54); a valve (518) configured to receive the mixed water from the temperature control system and if the sensor detects a user and the water volume control (110) is in a closed position, direct the mixed temperature water to the outlet of the faucet body; or if the water volume control (110) is in an open position, direct the mixed temperature water to the water volume control to control the flow rate of the mixed water, and from the water volume control to the outlet of the faucet body (col. 15, ln. 9-17).
Regarding claim 2, Chen discloses a solenoid valve (122, 528), wherein when the solenoid valve is in an open position, the valve is configured to direct the mixed water to the outlet of the faucet body (col. 15, ln. 9-17), and when the solenoid valve (122, 528) is in a closed position, the valve is configured to direct the mixed temperature water to the water volume control (110, 652) to control the flow rate of the mixed water, and from the water volume control to the outlet of the faucet body (col. 15, ln. 9-17).
Regarding claim 3, Chen discloses a microcontroller (124) coupled to the sensor (112, 114) configured to send, when the sensor detects a user’s presence a signal to the solenoid valve opening the solenoid valve such that the mixed water is directed to the outlet of the faucet body (col. 11, ln. 37-45).
Regarding claim 4, Chen discloses the solenoid valve (122, 528) is configured to switch from an open position to a closed position after a predetermined amount of time has passed (col. 2, ln. 53-61).
Regarding claim 5, Chen discloses the solenoid valve (122, 528) is configured to switch from an open position to a closed position when the solenoid valve receives a signal from the microcontroller indicating a user’s absence (col. 2, ln. 53-61).
Regarding claim 7, Chen discloses the temperature control system (108, 602) is configured to be operated manually by a user to control an amount of hot water received from the hot water supply relative to the amount of cold water received from the cold water supply (col. 14, ln. 42-54).
Regarding claim 8, Chen discloses the temperature control system comprises a stop mechanism (605, 606) wherein when a cartridge (602) of the temperature control system is in a fully hot position, the stop mechanism prevents the temperature control system from moving any further in a first direction, and when the cartridge of the temperature control system is in a fully cold position, the stop mechanism prevents the temperature control system from moving any further in a second direction (fig. 6A; col. 14, ln. 44-46).
Regarding claim 9, Chen discloses the temperature control system comprises a mechanical valve (518).
Regarding claim 11, Chen discloses the sensor is an infrared sensor (col. 1, ln. 65-66).
Regarding claim 13, Chen discloses a method of operating a hybrid faucet system, comprising: manually manipulating a temperature control system to control an amount of hot water flowing from the temperature control system relative to an amount of cold water flowing from the temperature control system (col. 14, ln. 48-54); and manually operating a water volume control to control a flow rate of mixed temperature water received from the temperature control system and direct the mixed temperature water to an outlet of a faucet body of the hybrid faucet system (col. 14, ln. 67-col. 15, ln. 7); or triggering a sensor of a faucet body to signal to a solenoid valve to assume an open position to receive the mixed temperature water received from the temperature control system and direct the mixed temperature water to an outlet of a faucet body of the hybrid faucet system (col. 15, ln. 8-17); wherein the mixed temperature water is directed to the outlet of the faucet body when the water volume control is in an open position or a closed position (open position).
Claim Rejections - 35 USC § 103
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.
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) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of US Patent 7,946,504 (hereinafter Shapira).
Regarding claim 6, Chen fails to show a flow sensor positioned between the valve and the faucet body and configured to, when the water volume control is in an open position and the hybrid faucet system is operated manually, override any signal received by the solenoid valve from the microcontroller such that the hybrid faucet system is operated manually by the water volume control and is not operated automatically by the sensor. Attention is turned to Shapira which shows including a flow sensor able to be positioned between the valve and the faucet body configured to override any signal received by an electronic valve from a microcontroller such that the faucet is operated manually and not automatically (col. 7, ln. 10-23). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the system of Chen to include a flow sensor positioned between the valve and the faucet body and configured to, when the water volume control is in an open position and the hybrid faucet system is operated manually, override any signal received by the solenoid valve from the microcontroller such that the hybrid faucet system is operated manually by the water volume control and is not operated automatically by the sensor as evidenced by the teachings of Shapira mentioned above. This coincides with the teachings of Chen which contemplate overriding the electronic system when the manual system is in use to prevent accidental activation or deactivation of the system by a sensor (see Chen col. 11, ln. 4-11).
Regarding claim 14, Chen fails to show further comprising overriding any signal received from the sensor of the faucet body when the water volume control is being manually operated. Attention is turned to Shapira which shows including a flow sensor able to be positioned between the valve and the faucet body configured to override any signal received by an electronic valve from a microcontroller such that the faucet is operated manually and not automatically (col. 7, ln. 10-23). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the method of Chen to include a step of overriding any signal received from the sensor of the faucet body when the water volume control is being manually operated to prevent accidental activation or deactivation of the system by a sensor as evidenced by the teachings of Shapira mentioned above. This coincides with the teachings of Chen which contemplate overriding the electronic system when the manual system is in use to prevent accidental activation or deactivation of the system by a sensor (see Chen col. 11, ln. 4-11).
Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of US Patent Application Publication 2019/0101944 (hereinafter Main).
Regarding claim 10, Chen fails to show the temperature control system comprises a thermostatic valve. Attention is turned to Main which shows that thermostatic mixing valves are common and well-known in the art for mixing hot and cold water in faucet (par. 2). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to utilize a thermostatic mixing valve for the mixing valve of Chen depending on a user’s choice as such valve is common and well-known in the art for its intended use as evidenced by the teachings of Main.
Regarding claim 12, Chen fails to show the sensor is a proximity sensor. Attention is again turned to Main which shows that infrared and proximity sensors are functionally equivalent for the same purpose of detecting a user to activate or deactivate a faucet valve (par. 20). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select any well-known user detecting sensor type for the sensor of Chen, and to select a proximity sensor in lieu of an infrared sensor falls well within the purview of the invention as evidenced by the teachings of Chen mentioned above.
Response to Arguments
Applicant's arguments filed 01/09/2025 have been fully considered but they are not persuasive. Applicant’s arguments are not commensurate in scope with the claim language. The claim presents the feature in the alternative and in the conditional: “if the sensor detects a user and the water control volume is in a closed position, direct the mixed temperature water to the outlet of the faucet body, or if the water volume control is in an open position, direct the mixed temperature water to the water volume control to control the flow rate of the mixed water, and from the water volume control to the outlet of the faucet body” (emphasis added). Not only are the functional limitations presented in a conditional format (using the term “if” presents a scenario in which the phrase following “if” is not required when the parameters are not met), they are also presented in the alternative, so only one condition is required to meet the claim limitation. The rejection is deemed proper and maintained as at least one condition is met by the prior art as explained in the rejection above.
In other words, Applicant appears to be arguing that both conditional phrases are required by the claim; however this is not in line with the language used by the claim. Examiner recommends amending the claim language to better align with the arguments, such as replacing “if” with –in a first/second scenario— as appropriate as well as replacing “or” with –and— to positively require the features being argued.
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 JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANIE M LOEPPKE/ Primary Examiner, Art Unit 3754