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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/26/2026 has been entered.
Response to Arguments
Applicant's arguments filed 02/26/2026 have been fully considered but they are not persuasive.
In regards to applicant’s arguments that the prior art reference Sperling et al. does not disclose the amended claim language, Examiner respectfully disagrees. Applicant states that the prior art reference Sperling et al. is deficient in teaching asynchronous control and the sequential control of the binary states, Examiner respectfully disagrees. As is disclosed in Column 19 line 67-Column 20 line 21 of the prior art reference Sperling et al., the water temperature can be controlled via different valve combinations “in an incremental manner”, and how the “different valve assemblies could be opened in successive steps until the actual temperature of the water corresponds to the desired temperature”, hence having a time interval in between each binary state of the different valve combinations. As previously cited Column 13 line 58-Column 15 line 18 of Sperling et al. discloses the different valve combinations each having a respective binary state.
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) 1-2, 4-8, 11-13, and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (U.S. Patent No. 8,807,167) in view of Sperling et al. (U.S. Patent No. 4,757,943).
Regarding claim 1, Song discloses a solenoid system (Figs. 1-5) comprising: a water supply (165 & 166), the water supply including at least one of a hot-water supply (165) and a cold-water supply (166); and a plurality of bistable solenoid valves (401-403 & 404-406) in a sequence (Fig. 1, Column 3 line 39-Column 2 line 65), the plurality of bistable solenoid valves (401-403 & 404-406) in fluid communication with the water supply (165 & 166), wherein each of the plurality of bistable solenoid valves (401-403 & 404-406) has a respective flow rate (Column 3 line 39-Column 2 line 42); wherein the water supply exits the plurality of bistable solenoid valves (401-403 & 404-406) as a water supply outlet (164); wherein each of the plurality of bistable solenoid valves (401-403 & 404-406) has a binary state (Column 4 line 43-Column 5 line 18) in which the bistable solenoid valve (401-403 & 404-406) is opened or closed to adjust a condition of the water supply outlet (164); wherein the binary states of the plurality of bistable solenoid valves (401-403 & 404-406) as asynchronously controlled (capable of being asynchronously controlled since each solenoid has an independent binary control, as disclosed in Column 3 lines 27-34 & Column 4 line 43-Column 5 line 18) in response to a user input (Column 5 line 55-Column 6 line 3 & Column 7 lines 10-31) indicative of a desired condition of the water supply outlet (164), but lacks disclosure of the plurality of bistable solenoid valves being asynchronously controlled, wherein a first binary state of the binary states is controlled at a first time and second binary state of the binary states is controlled at a second time; and wherein an interval of time exists between the first time and the second time.
Sperling et al. teach a solenoid system (Figs. 1-7) comprising: a water supply (102 and 104), the water supply including at least one of a hot-water supply (102) and a cold-water supply (104); and a plurality of bistable solenoid valves (34a-f and 36a-f) in a sequence (Figs. 3-4), the plurality of bistable solenoid valves (34a-f and 36a-f) in fluid communication with the water supply (102 and 104), wherein each of the plurality of bistable solenoid valves (34a-f and 36a-f) are asynchronously controlled via a plurality of binary states (Column 13 line 58-Column 15 line 24) in response to a user input (140, Column 9 line 54-Column 10 line 7) indicative of a desired condition of a water supply outlet (62), and a first binary state of the binary states is controlled at a first time and second binary state of the binary states is controlled at a second time (the binary state of each respective valve combination are controlled in an incremental manner as disclosed in Column 19 line 67-Column 20 line 21); and wherein an interval of time exists between the first time and the second time (in between each respective step, Column 19 line 67-Column 20 line 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control of the solenoid valves of Song with asynchronously controlled solenoid valves as taught by Sperling et al. since they are considered art recognized equivalents in the art of electrically controlled water systems that perform the same function of electrically controlling a plurality of solenoid valves to supply a water flow at a desired water temperature.
Regarding claim 2, Song discloses the solenoid system (Figs. 1-5), wherein each successive solenoid valve (401-403 & 404-406) in the sequence (Fig. 1) allows double the flow rate (Column 3 line 39-Column 2 line 42) of a previous solenoid valve of the sequence.
Regarding claim 4, Song discloses the solenoid system (Figs. 1-5), further comprising a temperature sensor (308) positioned to determine a temperature (Column 3 lines 27-34 & Column 7 lines 10-31) of the water supply outlet (164).
Regarding claim 5, Song discloses the solenoid system (Figs. 1-5), wherein each of the plurality of bistable solenoid valves (401-403 & 404-406) is connected to at least one power supply (309 or 110, Column 6 line 66-Column 7 line 9).
Regarding claim 6, Sperling et al. (modified above) teach wherein at least one power supply (134, Column 11 lines 26-35) provides power only when the binary state of at least one of the plurality of bistable valves (34a-f and 36a-f) is adjusted (Column 8 lines 16-50).
Regarding claim 7, Song discloses the solenoid system (Figs. 1-5), wherein the user input is indicative of a first temperature and a first flow rate (Column 5 line 46-Column 6 line 3) of the water supply outlet (164), and the binary states of the plurality of bistable solenoid valves (401-403 & 404-406) are asynchronously controlled (modified above) to create the first temperature and the first flow rate (Column 5 line 46-Column 6 line 3) in the water supply outlet (164).
Regarding claim 8, Song discloses the solenoid system (Figs. 1-5), wherein: the first temperature equals a selected temperature selected by a user (Column 5 lines 9-54); and the first flow rate equals a selected flow rate selected by the user (Column 5 line 46-Column 6 line 3).
Regarding claim 11, Song discloses a method for controlling condition of a water supply outlet (164), the method comprising: channeling a water supply (165 & 166) through a solenoid system (100), wherein the water supply includes at least one of a hot-water supply (165) and a cold-water supply (166) and exits the solenoid system (100) as the water supply outlet (164); receiving a user input (Column 5 lines 9-54) indicative of a desired condition of the water supply outlet (164); and adjusting the solenoid system (100) to control the condition of the water supply outlet (164) in response to the user input (Column 5 lines 9-54), wherein the solenoid system (100) comprises: a plurality of bistable solenoid valves (401-403 & 404-406) in a sequence (Fig. 1, Column 3 line 39-Column 2 line 65), the plurality of bistable solenoid valves (401-403 & 404-406) in fluid communication with the water supply (165 & 166), wherein each of the plurality of bistable solenoid valves (401-403 & 404-406) has a respective flow rate (Column 3 line 39-Column 4 line 42); wherein each of the plurality of bistable solenoid valves (401-403 & 404-406) has a binary state (Column 4 line 43-Column 5 line 8) in which the bistable solenoid valve (401-403 or 404-406) is opened or closed to adjust the condition of the water supply outlet (164), wherein the binary states (Column 4 line 43-Column 5 line 8) of the plurality of bistable valves (401-403 & 404-406) are controlled in response to the user input (Column 5 line 55-Column 6 line 3 & Column 7 lines 10-31), but lacks disclosure wherein the solenoid valves are asynchronously controlled, wherein a first binary state of the binary states is controlled at a first time and second binary state of the binary states is controlled at a second time; and wherein an interval of time exists between the first time and the second time.
Sperling et al. teach a solenoid system (Figs. 1-7) comprising: a water supply (102 and 104), the water supply including at least one of a hot-water supply (102) and a cold-water supply (104); and a plurality of bistable solenoid valves (34a-f and 36a-f) in a sequence (Figs. 3-4), the plurality of bistable solenoid valves (34a-f and 36a-f) in fluid communication with the water supply (102 and 104), wherein each of the plurality of bistable solenoid valves (34a-f and 36a-f) are asynchronously controlled via a plurality of binary states (Column 13 line 58-Column 15 line 24) in response to a user input (140, Column 9 line 54-Column 10 line 7) indicative of a desired condition of a water supply outlet (62), and a first binary state of the binary states is controlled at a first time and second binary state of the binary states is controlled at a second time (the binary state of each respective valve combination are controlled in an incremental manner as disclosed in Column 19 line 67-Column 20 line 21); and wherein an interval of time exists between the first time and the second time (in between each respective step, Column 19 line 67-Column 20 line 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control of the solenoid valves of Song with asynchronously controlled solenoid valves as taught by Sperling et al. since they are considered art recognized equivalents in the art of electrically controlled water systems that perform the same function of electrically controlling a plurality of solenoid valves to supply a water flow at a desired water temperature.
Regarding claim 12, Song discloses the method, wherein each successive solenoid valve (401-403 & 404-406) in the sequence allows double the flow rate (Column 3 line 39-Column 2 line 42) of a previous solenoid valve of the sequence.
Regarding claim 13, Song discloses the method, wherein the solenoid system (100) further comprises at least one of: a flow regulator positioned to regulate a pressure of the water supply outlet; and a temperature sensor (308) positioned to determine a temperature (Column 3 lines 27-34 & Column 7 lines 10-31) of the water supply outlet (164).
Regarding claim 15, Song discloses the method, wherein each of the plurality of bistable solenoid valves (401-403 & 404-406) is connected to at least one power supply (309 or 110, Column 6 line 66-Column 7 line 9).
Regarding claim 16, Sperling et al. (modified above) teach wherein at least one power supply (134, Column 11 lines 26-35) provides power only when the binary state of at least one of the plurality of bistable valves (34a-f and 36a-f) is adjusted (Column 8 lines 16-50).
Regarding claim 17, Song discloses the method, wherein the user input (Column 5 lines 9-54) is indicative of a first temperature and a first flow rate (Column 5 line 46-Column 6 line 3) of the water supply outlet (164), and the binary states of the plurality of bistable solenoid valves (401-403 & 404-406) are asynchronously controlled (modified above) to create the first temperature and the first flow rate (Column 5 line 46-Column 6 line 3) in the water supply outlet (164).
Regarding claim 18, Song discloses the solenoid system (Figs. 1-5), wherein: the first temperature equals a selected temperature selected by a user (Column 5 lines 9-54); and the first flow rate equals a selected flow rate selected by the user (Column 5 line 46-Column 6 line 3).
Regarding claim 19, Song discloses a method for controlling a condition of a water supply outlet (164), the method comprising: channeling a water supply (165 & 166) through a solenoid system (100), wherein the water supply includes a hot-water supply (165) and a cold-water supply (166) and exits the solenoid system (100) as the water supply outlet (164), where the solenoid system (100) includes a plurality of bistable solenoid valves (401-403 & 404-406) in a sequence (Fig. 1, Column 3 line 39-Column 2 line 65), a first set (401-403) of the plurality of bistable solenoid valves in fluid communication with the hot-water supply (165) and a second set (404-406) of the plurality of bistable solenoid valves in fluid communication with the cold-water supply (166), wherein each of the plurality of bistable solenoid valves (401-403 & 404-406) has a respective flow rate (Column 3 line 39-Column 4 line 42); receiving a selected water temperature and water flow rate via a user input (Column 5 lines 9-54 & Column 7 lines 10-31); calculating (Column 5 lines 9-54 & Column 7 lines 10-31) a hot-water flow rate and a cold-water flow rate that, upon mixing, results in the selected water temperature and water flow rate (Column 5 lines 9-54), wherein the hot-water flow rate and the cold water flow rate are calculated (Column 5 line 46-Column 6 line 3) based on a temperature of the hot-water supply (165) and the cold-water supply (166); determining which solenoid valves (Column 5 lines 9-54 & Column 7 lines 10-31) of the plurality of bistable solenoid valves (401-403 & 404-406) to open in order to achieve the determined hot-water flow rate and cold-water flow rate (Column 5 lines 9-54 & Column 7 lines 10-31); and opening the determined solenoids (Column 5 lines 9-54 & Column 7 lines 10-31), but lacks disclosure of opening the determined solenoid valves asynchronously at spaced apart intervals, wherein a first solenoid valve is controlled at a first time and a second solenoid valve is controlled at a second time, and wherein an interval of time exists between the first time and the second time.
Sperling et al. teach a solenoid system (Figs. 1-7) comprising: a water supply (102 and 104), the water supply including at least one of a hot-water supply (102) and a cold-water supply (104); and a plurality of bistable solenoid valves (34a-f and 36a-f) in a sequence (Figs. 3-4), the plurality of bistable solenoid valves (34a-f and 36a-f) in fluid communication with the water supply (102 and 104), wherein each of the plurality of bistable solenoid valves (34a-f and 36a-f) are asynchronously controlled via a plurality of binary states (Column 13 line 58-Column 15 line 24) in response to a user input (140, Column 9 line 54-Column 10 line 7) indicative of a desired condition of a water supply outlet (62), and a first solenoid valve (a first valve combination of the plurality illustrated in Table I in Columns 13-14) controlled at a first time and a second solenoid valve (a second valve combination of the plurality illustrated in Table I in Columns 13-14) controlled at a second time (the different valve combinations controlled in an incremental manner as disclosed in Column 19 line 67-Column 20 line 21); and wherein an interval of time exists between the first time and the second time (in between each respective step, Column 19 line 67-Column 20 line 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control of the solenoid valves of Song with asynchronously controlled solenoid valves as taught by Sperling et al. since they are considered art recognized equivalents in the art of electrically controlled water systems that perform the same function of electrically controlling a plurality of solenoid valves to supply a water flow at a desired water temperature.
Regarding claim 20, Song discloses the method, wherein the step of determining (Column 5 lines 9-67 & Column 7 lines 10-31) which solenoids to open includes converting the calculated hot-water and cold-water flow rates (Column 5 lines 9-54) to a binary number (Column 4 line 43-Column 5 line 8), wherein digits in the binary number correspond to the plurality of bistable solenoid valves (Column 4 line 43-Column 5 line 8).
Claim(s) 3, 10, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (U.S. Patent No. 8,807,167) in view of Sperling et al. (U.S. Patent No. 4,757,943), and further in view of Harris (U.S. Patent No. 5,294,045).
Regarding claims 3, 10, and 14, Song modified above disclose the solenoid system that does control the flow rate but lacks disclosure further comprising a flow regulator positioned to regulate a pressure of the water supply outlet or a diaphragm valve configured to regulate at least one of water pressure or flow rate.
Harris teaches a solenoid system (Figs. 1-4) comprising a plurality of bistable solenoid valves (C1-C5) in a sequence (Fig. 1) in fluid communication with a water supply (12 and 16), and further comprising a flow regulator (70) positioned to regulate (Column 5 line 30-Column 6 line 20) a pressure/flow rate of a water supply outlet (22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Song with a flow regulator as taught by Harris for the advantage of further controlling the desired flow rate of the output water flow (Column 5 line 30-Column 6 line 20).
In regards to the diaphragm valve, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flow regulator of Harris to be a diaphragm valve flow regulator since the Examiner takes Official Notice of the equivalence of a specific diaphragm valve flow regulator and a broad flow regulator for their use in the field of fluid flow regulating valves art and the selection of any of these known equivalents to regulate the fluid flow rate/pressure of a fluid flow would be within the level of ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753
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