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.
Applicant’s amendment has overcome the rejection of record. However, a new ground of rejection is applied to the amended claims.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6, 9-10, 16, and 18-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the limitation “the replacement handle” has insufficient antecedent basis for this limitation in the claim; and the limitations “a broach of a hose bib” are introduced twice in the claim and it is unclear if applicant is referring to the same respective limitation or another.
Regarding claim 9, the limitation “a replacement handle” was previously mentioned in claim 1 and it is unclear if applicant is referring to the same handle or another.
Regarding claim 10, the limitation “a replacement handle” was previously mentioned in claim 1 and it is unclear if applicant is referring to the same handle or another.
Regarding claim 16, the limitation “a hose bib” is introduced twice in the claim and it is unclear if applicant is referring to the same hose bib or another; the limitation “a broach” is introduced twice in the claim and it is unclear if applicant is referring to the broach or another; and the limitation “a frost-prevention collar” is introduced twice in the claim and it is unclear if applicant is referring to the same collar or another.
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) 1-6, 9-10, 12, 14-15, and 19-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cohen (U.S. Patent No. 4,876,766) in view of Greitzer (U.S. Patent No. 3,301,580).
Regarding claim 1, Cohen discloses a hose bib handle replacement adapter (Figs. 1-6), the adapter (32) comprising: an adapter body (Figs. 1-6) comprising a top handle connecting portion (body portion of 32 above bore 44) having a top opening (at 46) at a top (42) of the adapter body, a bottom broach connecting portion (body portion of 32 below bore 46) having a bottom opening (at 44) at a bottom (40) of the adapter body, and a passageway (from 46 to 44) extending through the adapter body (Figs. 1-6) from the top opening to the bottom opening (Fig. 1), wherein the top handle connecting portion comprises a shaft (body portion of 32 extending above the bore 44 can be considered a “shaft”) extending upwardly from the top of the bottom broach connecting portion (body portion of 32 below bore 46) to the top (42) of the adapter body, wherein the passageway includes an interior cavity (44) at the bottom end (40) of the adapter body, the interior cavity (44) being within the bottom broach connecting portion (Fig. 1) and sized (Column 4 lines 3-9) to at least partially receive a broach (14) of a hose bib (10), wherein the passageway (Fig. 1) is adapted to receive a threaded broach connector (34) that has been inserted into the top opening (Fig. 1) and inserted into a broach threaded opening (22) when the broach (14) is received in the interior cavity (44) of the adapter body, and wherein the shaft (body portion of 32 extending above the bore 44) of the adapter body comprises an outer surface (Figs. 1-6) adapted to receive and be connected (Fig. 6) to the replacement handle (36) when the adapter (32) is connected to a broach (14) of a hose bib (10), but lacks disclosure wherein the interior wall of the interior cavity is tapered to accommodate different sized broaches, and wherein the replacement handle is positioned above the interior cavity of the adapter body.
Greitzer teaches a handle replacement adapter (Figs. 1-6) comprising an adaptor body (12a) having an interior cavity (26) to accommodate a broach (80), wherein the interior wall of the cavity (26) can be tapered (Column 4 lines 16-18), and wherein the adapter body (12a) has a shaft (60) extending upwardly from a broach connecting portion (21-22), a replacement handle (13) is positioned above the interior cavity (26) of the adapter body (12a).
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 adapter of Cohen with an adapter as taught by Greitzer for the advantage of enabling the handle replacement to be used with a wide variety of valve stems/broaches (Column 1 lines 67-69).
Regarding claim 2, Cohen discloses an adapter (Figs. 1-6), wherein the adapter body (body of 32) includes a seating surface (top surface at 42) adapted to contact a head (Fig. 6) of the threaded broach connector (34).
Regarding claim 3, Cohen discloses an adapter (Figs. 1-6), wherein the interior wall (Column 4 lines 3-9 & 32-50) of the interior cavity (44) comprises one or more recesses (Figs. 3-5).
Regarding claim 4, Cohen discloses an adapter (Figs. 1-6), wherein the interior wall (Column 4 lines 3-9 & 32-50) of the interior cavity (44) has a circular cross section (Figs. 3-5).
Regarding claim 5, Cohen discloses an adapter (Figs. 1-6), wherein the interior wall (Column 4 lines 3-9 & 32-50) of the interior cavity (44) has a rounded square cross section (Fig. 2).
Regarding claim 6, Cohen discloses an adapter (Figs. 1-6), wherein the interior wall (Column 4 lines 3-9 & 32-50) of the interior cavity (44) has a rounded square cross section (Figs. 3-5) and wherein the interior wall has one or more recesses (Figs. 3-5).
Regarding claim 9, Greitzer (modified above) teach wherein the shaft (60) has an outer surface (Fig. 4) and is adapted to be contacted by a set screw (30) of a connection member (12b) of a replacement handle (30).
Regarding claim 10, Greitzer (modified above) teach wherein the shaft (60) has an outer surface (Fig. 4) and is adapted to be contacted by a set screw (30) of a connection member (12b) of a replacement handle (13), and wherein the outer surface (Fig. 4) has one or more recesses (splines illustrated in Fig. 4) adapted to cooperate with the set screw (30) to prevent rotation between the adapter (12a) and the handle (13) when the handle (13) is connected to the adapter (12a).
Regarding claim 12, Cohen discloses a hose bib handle replacement system (Figs. 1-6), the system comprising: a replacement handle (36) adapted to be releasably connected to an adapter (32); an adapter (32) having an adapter body (body of 32) comprising a top handle connecting portion (body portion of 32 above bore 44) having a top opening (opening at 46) at a top (42) of the adapter body, a bottom broach connecting portion (body portion of 32 below bore 46) having a bottom opening (opening at 44) at a bottom (40) of the adapter body, and a passageway (from 46 to 44) extending through the adapter body from the top opening to the bottom opening (Fig. 1), wherein the top handle connecting portion comprises a shaft (body portion of 32 extending above the bore 44 can be considered a “shaft”) extending upwardly from the top of the bottom broach connecting portion (body portion of 32 below bore 46) to the top (42) of the adapter body (body of 32), wherein the passageway (Fig. 1) includes an interior cavity (44) at the bottom end (40) of the adapter body, the interior cavity (44) being within (Fig. 1) the bottom broach connecting portion (body portion of 32 below bore 46) and sized to at least partially receive a broach (14) of a hose bib (10), wherein the passageway (Fig. 1) is adapted to receive a threaded broach connector (34) that has been inserted (Fig. 6) into the top opening and inserted into a broach threaded opening (22) when the broach (14) is received in the interior cavity (44) of the adapter body (Fig. 6); and a connection mechanism (Fig. 1) adapted to releasably connect the replacement handle (36) to the shaft (body portion of 32 extending above the bore 44) of the adapter body, wherein the connection mechanism comprises one or more set screws (72), one or more threaded openings (68 & 70) through a portion of the replacement handle (Column 4 lines 15-31), and a surface on the adapter body (Column 4 lines 15-31), but lacks disclosure wherein the surface on the shaft is adapted to be contacted by an end surface of the one or more set screws to connect the replacement handle to the adapter.
Greitzer teaches a handle replacement adapter (Figs. 1-6) comprising an adaptor body (12a) having an interior cavity (26) to accommodate a broach (80), and wherein the adapter body (12a) has a shaft (60) extending upwardly from a broach connecting portion (21-22), a replacement handle (13) including a connection member (12b) that is adapted to releasably connect the replacement handle (13) to the shaft (60), and a set screw (30) connected through the connection member (12b) and an end surface of the set screw (30) contacting a surface (Fig. 4) of the shaft (60).
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 adapter of Cohen with an adapter as taught by Greitzer for the advantage of enabling the handle replacement to be used with a wide variety of valve stems/broaches (Column 1 lines 67-69).
Regarding claim 14, Greitzer (modified above) teach wherein the interior wall of the interior cavity (26) is tapered (Column 4 lines 16-18) to accommodate different sized broaches.
Regarding claim 15, Cohen discloses an adapter (Figs. 1-6), wherein the interior wall (Column 4 lines 3-9 & 32-50) of the interior cavity (44) has a rounded square cross section (Fig. 2).
Regarding claim 19, Greitzer (modified above) teach wherein the shaft (60) has an outer transversion cross-sectional dimension (Fig. 4 smaller than a corresponding outer transverse cross-sectional dimension (Fig. 4) of the bottom broach connecting portion (21-22).
Regarding claim 20, Greitzer (modified above) teach wherein the shaft (60) has a surface (Fig. 4) and is adapted to be contacted by a set screw (30) of a connection member (12b) of a replacement handle (13), and wherein the surface (Fig. 4) has one or more recesses (splines illustrated in Fig. 4) adapted to cooperate with the set screw (30) to prevent rotation between the adapter (12a) and the handle (13) when the handle (13) is connected to the adapter (12a).
Regarding claim 21, Cohen discloses an adapter (Figs. 1-6), wherein the interior wall (Column 4 lines 3-9 & 32-50) of the interior cavity (44) comprises one or more recesses (Figs. 3-5).
Regarding claim 22, Cohen discloses an adapter (Figs. 1-6), wherein the interior wall (Column 4 lines 3-9 & 32-50) of the interior cavity (44) has a circular cross section (Figs. 3-5).
Regarding claim 23, Cohen discloses an adapter (Figs. 1-6), wherein the interior wall (Column 4 lines 3-9 & 32-50) of the interior cavity (44) has a rounded square cross section (Fig. 2).
Regarding claim 24, Cohen discloses an adapter (Figs. 1-6), wherein the interior wall (Column 4 lines 3-9 & 32-50) of the interior cavity (44) has a rounded square cross section (Figs. 3-5) and wherein the interior wall has one or more recesses (Figs. 3-5).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cohen (U.S. Patent No. 4,876,766) in view of Greitzer (U.S. Patent No. 3,301,580) and further in view of Shuler (U.S. Patent No. 3,791,402).
Regarding claim 13, Cohen modified with teachings of Greitzer disclose the essential features of the claimed invention but lack disclosure wherein the connection mechanism comprises three set screws and three threaded openings spaced about 120 degrees from one another.
Shuler teaches a hose bib handle replacement system (Figs. 1-4) having an handle (10) with a connecting portion (12) that has three set screws (24) connected to a surface (Fig. 3) of a valve adapter (20), wherein the connecting portion has three threaded openings (within 22) for the set screws (24) that are spaced about 120 degrees from one another (Column 2 lines 9-19).
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the number of threaded openings of Cohen to three opening as taught by Shuler since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Claim(s) 16 and 18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Cohen (U.S. Patent No. 4,876,766) in view of Greitzer (U.S. Patent No. 3,301,580) and further in view of Huang (U.S. Patent No. 8,832,905).
Regarding claim 16, Cohen discloses a method of installing a hose bib handle (36) onto a hose bib (10), the method comprising: providing a handle (36) adapted to be connected to a hose bib (10); providing an adapter (32) having an adapter body (body of 32) comprising a top handle connecting portion (body portion of 32 extending above the bore 44) having a top opening (at 46), a bottom broach connecting portion (body portion of 32 below bore 46) having a bottom opening (at 44), and a passageway (Fig. 1) extending through the adapter body from the top opening to the bottom opening (Fig. 1), wherein the top handle connecting portion comprises a shaft (body portion of 32 extending above the bore 44 can be considered a “shaft”) extending upward from the broach connecting portion (body portion of 32 below bore 46), wherein the passageway (Fig. 1) includes an interior cavity (44) at the bottom end (40) of the adapter body, the interior cavity (44) being within the bottom broach connecting portion (body portion of 32 below bore 46) and sized and shaped (Column 4 lines 3-9 & 32-50) to at least partially receive a broach (14) of a hose bib (10); positioning the adapter (32) on a broach (14) so that the broach (14) is at least partially receiving in the interior cavity (44); inserting (Column 3 lines 56-67) a threaded broach connector (34) into the passageway (Fig. 6) and into a threaded broach opening (22) to connect the adapter (32) to the broach (14); and thereafter (Column 4 lines 15-31), connecting the handle (36) to the adapter body (32), but lacks disclosure wherein the hose bib is equipped with a frost-prevention collar, and connecting the handle to the shaft of the adapter body.
In regards to the collar, Huang teaches hose bib (30) having a frost-prevention collar (31).
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 hose bib of Cohen with a collar as taught by Huang for the advantage of enabling the use of the method with a frost prevention spigot.
In regards to the shaft, Greitzer teaches a handle replacement adapter (Figs. 1-6) comprising an adaptor body (12a) having an interior cavity (26) to accommodate a broach (80), and wherein the adapter body (12a) has a shaft (60) extending upwardly from a broach connecting portion (21-22), a replacement handle (13) including a connection member (12b) that is adapted to releasably connect the replacement handle (13) to the shaft (60).
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 adapter of Cohen with an adapter as taught by Greitzer for the advantage of enabling the handle replacement to be used with a wide variety of valve stems/broaches (Column 1 lines 67-69).
Regarding claim 18, Greitzer (modified above) teach wherein the interior wall of the interior cavity (26) is tapered (Column 4 lines 16-18) to accommodate different sized broaches.
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