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 Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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) 1-6, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moldthan et al. (U.S. Patent No. 7,472,434).
Regarding claim 1, Moldthan et al. disclose a water release apparatus (Figs. 1-7D), comprising: a container (Fig. 7A), which comprises a water outflow basin (Fig. 7A) that is recessed and extended from a top side to a bottom side and a surface panel (100) arranged at one side of the water outflow basin (Fig. 7A), the surface panel (100) comprising a cold-water valve mounting hole (102), a hot- water valve mounting hole (102), and a water release valve mounting hole (101); and a valve assembly (10), which comprises a cold-water valve (Fig. 5), a hot-water valve (Fig. 5), a water release valve (Fig. 6), and a connection pipe (11c-d), the cold-water valve comprising a cold-water valve body (12a), a cold-water valve bottom supporting member (15a), and a cold-water valve top supporting ring (17a), the cold-water valve body (12a) comprising an outside circumferential surface (Fig. 5) that comprises a cold-water valve lower thread (12e) and a cold-water valve upper thread (12g), the cold-water valve bottom supporting member (15a) comprising a nut (15a), the cold- water valve top supporting ring (17a) comprising a nut (17a), the hot-water valve comprising a hot- water valve body (12b), a hot-water valve bottom supporting member (15b), and a hot-water valve top supporting ring (17b), the hot-water valve body (12b) comprising an outside circumferential surface that comprises a hot-water valve lower thread (12e, Fig. 1) and a hot-water valve upper thread (12g, Fig. 1), the hot-water valve bottom supporting member (15b) comprising a nut (15b), the hot-water valve top supporting ring (17b) comprising a nut (17b), the water release valve being arranged between the cold-water valve and the hot-water valve, the water release valve comprising a water release valve body (23), a water release valve bottom supporting member (24), and a water release valve top supporting ring (30), the water release valve body (23) comprising an outside circumferential surface that comprises a water release valve thread (23c), the water release valve bottom supporting member (24) comprising a nut (24), the water release valve top supporting ring (30) comprising a nut (30), the connection pipe (11c-d) connecting (Fig. 5) the cold-water valve body (12a), the hot-water valve body (12b), and the water release valve body (23) to each other to be in alignment with each other along the connection pipe (Fig. 5); wherein the cold-water valve bottom supporting member (15a) is screwed (Column 8 lines 7-18) to the cold- water valve lower thread (12e), and the hot-water valve bottom supporting member (15b) is screwed (Column 8 lines 7-18) to the hot-water valve lower thread (12e, Fig. 5), and the water release valve bottom supporting member (24) is screwed (Column 10 lines 4-9) to the water release valve thread (23c); the cold-water valve body (12a), the hot- water valve body (12b), and the water release valve body (23) are respectively inserted (Examiner notes that the current claim is an apparatus claim and not a method claim, hence in an apparatus claim the claimed functional language reads on the prior art reference if the prior art is capable of performing the claimed function, in the current prior art the shank 23 is capable of being integrally connected to main body 11 and inserted from the bottom side of the panel through hole 101 and coupled via the threaded connection with deck flange 30), from the bottom side toward the top side (of 100), into the cold-water valve mounting hole (102), the hot-water valve mounting hole (102), and the water release valve mounting hole (101) of the container (Fig. 7A), such that the cold-water valve bottom supporting member (15a), the hot-water valve bottom supporting member (15b), and the water release valve bottom supporting member (24) are positioned against an undersurface (Fig. 5) of the surface panel (100); then, the cold-water valve top supporting ring (17a) is screwed (Column 6 lines 56-67, Fig. 5) to the cold-water valve upper thread (12g), and the hot-water valve top supporting ring (17b) is screwed (Column 6 lines 56-67, Fig. 5) to the hot-water valve upper thread (12g), and the water release valve top supporting ring (30) is screwed (Column 10 lines 37-51, Fig. 5) to the water release valve thread (23c), such that the cold-water valve top supporting ring (17a), the hot-water valve top supporting ring (17b), and the water release valve top supporting ring (30) are located on and positioned against a top surface (Fig. 5) of the surface panel (100), while the connection pipe (11c-d) is located on an underside (Fig. 5) of the surface panel (100).
Regarding claim 2, Moldthan et al. disclose the water release apparatus (Figs. 1-7D), wherein the cold-water valve further comprises a cold-water valve core (14a) arranged in an interior (Fig. 5) of the cold-water valve body (12a) and a cold-water pipe (41a) connected to a bottom end (Fig. 5) of the cold- water valve body (12a); the hot-water valve further comprises a hot-water valve core (14b) arranged in an interior (Fig. 5) of the hot-water valve body (12b) and a hot-water pipe (41b) connected to a bottom end (Fig. 5) of the hot-water valve body (12b).
Regarding claim 3, Moldthan et al. disclose the water release apparatus (Figs. 1-7D), wherein an outside diameter (Fig. 5) of the cold-water valve upper thread (12g) is smaller (Column 6 lines 40-55) than an outside diameter of the cold-water valve lower thread (12e), such that a cold-water valve stepped face (Fig. 5) is formed on the outside surface of the cold-water valve body (12a) between the cold-water valve lower thread (12e) and the cold-water valve upper thread (12g); an outside diameter of the hot-water valve upper thread (identical to cold water valve body, Fig. 5) is smaller than an outside diameter of the hot-water valve lower thread (Fig. 5), such that a hot-water valve stepped face is formed on the outside surface of the hot-water valve body between the hot-water valve lower thread and the hot-water valve upper thread (Fig. 5).
Regarding claim 4, Moldthan et al. disclose a water release apparatus (Figs. 1-7D), comprising: a container (Fig. 7A), which comprises a water outflow basin (Fig. 7A) that is recessed and extended from a top side to a bottom side and a surface panel (100) arranged at one side of the water outflow basin, the surface panel (100) comprising a cold-water valve mounting hole (102), a hot- water valve mounting hole (102), and a water release valve mounting hole (101); and a valve assembly (10), which comprises a cold-water valve (Fig. 5), a hot-water valve (Fig. 5), a water release valve (Fig. 6), and a connection pipe (11c-d), the cold-water valve comprising a cold-water valve body (12a), a cold-water valve bottom supporting member (15a), and a cold-water valve top supporting ring (17a), the cold-water valve body (12a) comprising an outside circumferential surface (Fig. 1) that comprises a cold-water valve thread (12g), the cold-water valve bottom supporting member (15a) integrally projecting outwards (integrally connected via the threaded connection), in a radial direction (Fig. 5), from the outside circumferential surface of the cold-water valve body (12a), the cold-water valve top supporting ring (17a) comprising a nut (17a), the hot-water valve comprising a hot-water valve body (12b), a hot-water valve bottom supporting member (15b), and a hot-water valve top supporting ring (17b), the hot-water valve body comprising an outside circumferential surface (Fig. 1) that comprises a hot-water valve thread (12g), the hot-water valve bottom supporting member (15b) integrally projecting outwards (integrally connected via the threaded connection), in a radial direction (Fig. 5), from the outside circumferential surface of the hot-water valve body (12b), the hot-water valve top supporting ring (17b) comprising a nut (17b), the water release valve being arranged (Fig. 5) between the cold-water valve and the hot- water valve, the water release valve comprising a water release valve body (23) and a water release valve top supporting ring (30), the water release valve body (23) comprising an outside circumferential surface (Fig. 6) that comprises a water release valve thread (23c), the water release valve top supporting ring (30) comprising a nut (30), the connection pipe (11c-d) connecting (Fig. 5) the cold- water valve body (12a), the hot-water valve body (12b), and the water release valve body (23) to each other to be in alignment with each other along the connection pipe (Fig. 5); wherein the cold-water valve body (12a), the hot-water valve body (12b), and the water release valve body (23) are respectively inserted (Examiner notes that the current claim is an apparatus claim and not a method claim, hence in an apparatus claim the claimed functional language reads on the prior art reference if the prior art is capable of performing the claimed function, in the current prior art the shank 23 is capable of being integrally connected to main body 11 and inserted from the bottom side of the panel through hole 101 and coupled via the threaded connection with deck flange 30), from the bottom side toward the top side (Fig. 5), into the cold-water valve mounting hole (102), the hot-water valve mounting hole (102), and the water release valve mounting hole (101) of the container (Fig. 7A), such that the cold-water valve bottom supporting member (15a) and the hot-water valve bottom supporting member (15b) are positioned against an undersurface (Fig. 5) of the surface panel (100); then, the cold-water valve top supporting ring (17a) is screwed (Column 6 lines 56-67, Fig. 5) to the cold-water valve thread (12g), and the hot-water valve top supporting ring (17b) is screwed (Column 6 lines 56-67, Fig. 5) to the hot-water valve thread (12g), and the water release valve top supporting ring (30) is screwed (Column 10 lines 37-51, Fig. 5) to the water release valve thread (23c), such that the cold-water valve top supporting ring (17a), the hot-water valve top supporting ring (17b), and the water release valve top supporting ring (30) are located on and positioned against a top surface (Fig. 5) of the surface panel (100), while the connection pipe (11c-d) is located on an underside (Fig. 5) of the surface panel (100).
Regarding claim 5, Moldthan et al. disclose the water release apparatus (Figs. 1-7D), wherein the cold-water valve further comprises a cold-water valve core (14a) arranged in an interior (Fig. 5) of the cold-water valve body (12a) and a cold-water pipe (41a) connected to a bottom end (Fig. 5) of the cold- water valve body (12a); the hot-water valve further comprises a hot-water valve core (14b) arranged in an interior (Fig. 5) of the hot-water valve body (12b) and a hot-water pipe (41b) connected to a bottom end (Fig. 5) of the hot-water valve body (12b).
Regarding claim 6, Moldthan et al. disclose the water release apparatus (Figs. 1-7D), wherein the cold-water valve bottom supporting member (15a) and the hot-water valve bottom supporting member (15b) are each in the form of a ring (Fig. 1).
Regarding claim 8, Moldthan et al. disclose the water release apparatus (Figs. 1-7D), wherein the water release valve further comprises a water release valve bottom supporting member (24), and the water release valve bottom supporting member (24) integrally (integrally connected via the threaded connection) projects outwards (Fig. 5), in a radial direction, from the outside circumferential surface of the water release valve body (23).
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) 7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moldthan et al. (U.S. Patent No. 7,472,434) in view of Rosko (U.S. Patent No. 11,536,011).
Regarding claim 7 and 9, Moldthan et al. disclose the essential features of the claimed invention but lack disclosure wherein the cold-water valve bottom supporting member, the hot-water valve bottom supporting member, and the water release valve bottom supporting member are each in the form of two tabs.
Rosko teach a water release apparatus (Figs. 1-10) having a bottom supporting member (122) that comprises two tabs (for bolts 124, Fig. 2).
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 bottom supporting members of Moldthan et al. with a bottom supporting member having two tabs as taught by Rosko since they are considered art recognized equivalents in the art of mounting members for a faucet assembly and since each perform the same function of securing a faucet assembly to a sink deck.
Regarding claim 10, Moldthan et al. disclose the essential features of the claimed invention but lack disclosure wherein the cold-water valve further comprises at least one cold-water valve screw, the cold-water valve screw penetrating, from the bottom side to the top side, through the cold-water valve bottom supporting member to screw to and attach to the surface panel; the hot- water valve further comprises at least one hot-water valve screw, the hot-water valve screw penetrating, from the bottom side to the top side, through the hot-water valve bottom supporting member to screw to and attach to the surface panel; the water release valve further comprises at least one water release valve screw, the water release valve screw penetrating, from the bottom side to the top side, through the water release valve bottom supporting member to screw to and attach to the surface panel.
Rosko teach a water release apparatus (Figs. 1-10) having a bottom supporting member (122) that comprises two tabs (Fig. 2) for receiving a screw (124) through the bottom supporting member (122) to secure (Column 4 lines 42-49) the water release apparatus to the sink deck (12)..
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 bottom supporting members of Moldthan et al. with a bottom supporting member having two tabs as taught by Rosko since they are considered art recognized equivalents in the art of mounting members for a faucet assembly and since each perform the same function of securing a faucet assembly to a sink deck.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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