DETAILED ACTION
Claims 1,2,4-9 and 11-18 are pending, claims 3,10 and 19-20 have been cancelled.
This action is in response to the amendment filed 1/29/2026.
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, see pages filed 1/29/2026 with respect to the rejection(s) of claim(s) under 35 USC 102/103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Schulte et al.
Applicant’s arguments with respect to pending 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.
Applicant’s argument relative to the Gardner not teaching the vacuum breaker having a sidewall extending away from an exterior of a faucet outlet of the inner assembly, is not persuasive, since Dempsey et al. teach the use of the inner assembly having a vacuum breaker (98,110,86) comprising an umbrella valve (98, see Fig. 16), the vacuum breaker having a sidewall (see Fig. 1, 98 and Fig. 16) extending away from an exterior (12) of a faucet outlet (12,14) of the inner assembly, as shown in Figure 1.
Applicant’s arguments necessitated the new grounds for rejection; therefore, this action has been made Final.
Claim Objections
Applicant’s amendment overcomes the claim objection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 6 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
In Claim 6, “wherein the at least one guide is rotatable along the at least one guide”, is unclear as to how the guide is rotatable along itself.
Appropriate correction is required.
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, and 4-7 are rejected under 35 U.S.C. 102a2 as being anticipated by Schulte et al. (US 20230193602).
Regarding claim 1, Schulte et al. disclose a wall faucet assembly (17) comprising: an outer assembly (1,16,5,10,3) having an outer pipe (16); an inner assembly (2,18,7,10) having an inner pipe (18);
the outer assembly is interlocked with the inner assembly such that the inner pipe is received through the outer pipe (as shown in Fig. 2, in as much as applicant’s device), and
the outer assembly having a wall mount (3) connected to the outer pipe, wherein the wall mount has at least one guide (19 on mount 3, see Fig. 1) extending outwardly from an exterior (the outer diameter of 3, see Fig. 1) of the wall mount that is received through at least one slot (the slot between the projecting fingers 19 of 10, see Fig. 4b) of a faucet outlet (7,10) connected to the inner pipe.
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Regarding claim 2, Schulte et al. disclose the faucet outlet (at 7) positioned around the inner pipe, wherein the at least one slot (at 42, see Fig. 5) formed in a body (10) of the faucet outlet.
Regarding claim 4, Schulte et al. disclose the faucet outlet is slidably connected to the wall mount along the at least one slot (see Fig. 2-4b), wherein the at least one guide (19 0n mount 3) is slidable along the at least one slot (as shown between the movement from Fig. 2 to Fig. 3); and the at least one guide and the at least one slot limits a distance the faucet outlet is slidable (based on the size and width of 19 on mount 3 it does limit the sliding distance, see also the rotational movement being limited by the extending finger from 19 as shown in Figures 4a-b).
Regarding claim 5, Schulte et al. disclose the at least one slot (as shown in Fig. 1, the lot between the fingers 19 to include the cut-out area within 19, that the lead line for 19 is pointing to) having a horizontal portion (the side of the slot parallel with the longitudinal centerline of the assembly) and a vertical portion (the vertical portion being the angled inner side at the lead line for 19 of the slot), wherein the horizontal portion and the vertical portion intersect with one another in an L-shape.
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Regarding claim 6, Schulte et al. disclose the faucet outlet is rotatably connected to the wall mount along the at least one slot (see Fig. 4a-b), wherein the at least one guide is rotatable along the at least one guide (in as much as applicant’s device as best understood); and the at least one guide and the at least one slot limits a distance the faucet outlet is rotatable (as shown in Figure 4a-b, based on the size and width of 19 on mount 3, it does limit the rotating distance, see the rotational movement being limited by the extending finger from 19 as shown in Figures 4a-b).
Regarding claim 7, Schulte et al. disclose further comprising the at least one slot having a vertical portion (the cut-out area, where the start of the lead line for 19 on 10 is located, within the finger of 19 of 10) angles away from the inner pipe such that the at least one guide is retainable in the vertical portion without manual intervention (the mating guide 19 on part 3 rotates into the vertical portion without manual intervention).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Gardner (US 4874189) in view of Dempsey et al. (US 6125875).
Regarding claim 12, Gardner discloses a wall faucet assembly (22,10) comprising: an outer assembly (10,11,32,33,34,46) having an outer pipe (31, see Fig. 5); an inner assembly (22,28,47, see Fig. 2) having an inner pipe (28); and the outer assembly is interlocked with the inner assembly such that inner pipe is received through the outer pipe (as shown in Fig.2, the inner pipe 28 will be mated with 12,13).
Gardner discloses all of the features of the claimed invention, although is silent that to having, the inner assembly having a vacuum breaker comprising an umbrella valve, the vacuum breaker having a sidewall extending away from an exterior of a faucet outlet of the inner assembly, the vacuum breaker having a perforated bottom wall and the umbrella valve connected to the perforated bottom wall, the umbrella valve having a post, a stop, and a disc, wherein the post is received in the perforated bottom wall, the stop is positioned in a body of the faucet outlet, and the disc forms a canopy covering the perforated bottom wall from within an opening of the body, the disc is made of a silicone membrane and is configured to block water from passing from the opening in the body through the perforated bottom wall and to distort away from the perforated bottom wall when a back flow is present to allow air to pass through the perforated bottom wall and into the inner pipe via the faucet outlet.
Dempsey et al. teach the use of the inner assembly having a vacuum breaker (98,110,86) comprising an umbrella valve (98, see Fig. 16), the vacuum breaker having a sidewall (see Fig. 1, 98 and Fig. 16) extending away from an exterior (12) of a faucet outlet (12,14) of the inner assembly, the vacuum breaker having a perforated bottom wall (at the surface of 86 that abuts 108,with perforations at the opening of 110, near 108) and the umbrella valve connected to the perforated bottom wall, the umbrella valve having a post (112), a stop (116), and a disc (at 108), wherein the post is received in the perforated bottom wall, the stop is positioned in a body (86) of the faucet outlet (12), and the disc forms a canopy covering the perforated bottom wall from within an opening (114) of the body (see Fig. 14,16), the disc is made of a rubber material (as shown by cross-hatching) and is configured to block water from passing from the opening in the body through the perforated bottom wall and to distort away from the perforated bottom wall when a back flow is present to allow air to pass through the perforated bottom wall and into the inner pipe via the faucet outlet.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a vacuum breaker valve as taught by Dempsey et al. into the device of Gardner to have the inner assembly having a vacuum breaker comprising an umbrella valve, the vacuum breaker having a sidewall extending away from an exterior of a faucet outlet of the inner assembly, the vacuum breaker having a perforated bottom wall and the umbrella valve connected to the perforated bottom wall, the umbrella valve having a post, a stop, and a disc, wherein the post is received in the perforated bottom wall, the stop is positioned in a body of a faucet outlet, and the disc forms a canopy covering the perforated bottom wall from within an opening of the body, the disc is made of a silicone membrane and is configured to block water from passing from the opening in the body through the perforated bottom wall and to distort away from the perforated bottom wall when a back flow is present to allow air to pass through the perforated bottom wall and into the inner pipe via the faucet outlet, in order to prevent backward flow of water from the sink through the faucet assembly into the potable water supply (Dempsey et al. , col. 4, lns. 33-47).
Dempsey et al. disclose the disc is made of rubber, in the combination of Gardner and Dempsey et al., although is silent to having the material for the disc as being made of a silicone membrane. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the disc made from a silicone material, in order to have a better fluid resistance to the fluid the device is being used in, as is old and well known in the art, and, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Gardner (US 4874189) and Dempsey et al. (US 6125875), and further in view of Pockel et al. (US 2579855).
Regarding claim 16, Gardner and Dempsey et al. have disclosed all of the features of the claimed invention, including in Dempsey et al., that the sidewall of the vacuum breaker is slotted with a plurality of slots (110, see Fig. 13), although are silent to having a cap attached to a ridge of a sidewall of the vacuum breaker, wherein the sidewall of the vacuum breaker is slotted and configured to compress to allow removal and replacement of the cap.
Pockel et al. teach the use of a cap (16) attached to a ridge (at 20) of a sidewall (21) of the vacuum breaker, wherein the sidewall of the vacuum breaker is slotted (at 17) and configured to compress to allow removal and replacement of the cap (the cap is flexible, col. 1, lns. 36-40, and therefore configured as claimed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a cap as taught by Pockel et al. into the combined device of Gardner and Dempsey et al. to have a cap attached to a ridge of a sidewall of the vacuum breaker, wherein the sidewall of the vacuum breaker is slotted and configured to compress to allow removal and replacement of the cap, in order to eliminate contaminants from entering the device (Pockel et al., col, 4, lns. 6-14).
Allowable Subject Matter
Claims 8,9,11,17 and 18 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 Craig Price, whose telephone number is (571)272-2712 or via facsimile (571)273-2712. The examiner can normally be reached on Monday-Friday (8:00AM-4:30PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider, can be reached at telephone number 571-272-3607, Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRAIG J PRICE/ Primary Examiner, Art Unit 3753