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 .
DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Species 1, Figures 1-4 drawn to Claims 1-7 and 10, in the reply filed on November 21, 2025, is acknowledged. Claims 8 and 9 are withdrawn as non-elected and Claims 1-7 and 10 are pending.
Applicant traverses the restriction and argues that there is no undue burden on the Examiner to consider all the claims. This is not found persuasive for the following reasons.
First, Applicant did not provide a reasons as to why there would be no undue burden on the Examiner.
Second, where two or more species are claimed, a requirement for restriction to a single species may be proper if the species are mutually exclusive.1 Claims drawn to different species are mutually exclusive if one claim recites limitations disclosed for a first species but not a second, while a second claim recites limitations disclosed only for the second species and not the first.2 That is to say that claims to one species that do not overlap in scope to claims drawn to another species, are restrictable.3 Moreover, species must be patentably distinct from each other.4
As stated in the previous Office Action a serious search and/or examination burden exits when one of the species requires a different field of search (e.g. employing different search strategies or queries).5 Here, different search queries would be used in searching the various embodiments of the valve fixation system. Many different searches would have to be conducted to search the many different variations shown in the different species. Such different search queries would involve a serious search and examination burden on the Examiner.
Therefore, the restriction requirement is still proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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.
(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 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent App. No. 2009/0126103 to Dietrich et al. (Dietrich).
PNG
media_image1.png
572
574
media_image1.png
Greyscale
Regarding Claim 1: Dietrich discloses a water valve fixation system including: a valve member (See Annotated Fig. A); a fixation base (See Annotated Fig. A) including an upper portion (See Annotated Fig. A), two connection portions (See Annotated Fig. A) and two wings (See Annotated Fig. A), the two connection portions (See Annotated Fig. A) being in interval and extending transversely from the upper portion (See Annotated Fig. A), the two wings (See Annotated Fig. A) extending transversely from the two connection portions, respectively, the two wings being configured to be positioned to a support surface; and at least two support assemblies inserted in and connected to the valve member and the upper portion, and including a spacer (See Annotated Fig. A) interposed between the valve member and the upper portion.
Regarding Claim 2: Dietrich discloses a water valve fixation system of claim 1, wherein there is a gap (See Annotated Fig. A) between the valve member and the upper portion.
Allowable Subject Matter
Claims 3-7 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowable Subject Matter
None of the cited prior art, considered alone or in combination, discloses or teaches:
a water valve fixation system of claim 1, wherein the valve member further includes at least two first threaded holes, the upper portion includes at least two first through holes, each of the at least two support assemblies further includes a threaded fastener, the spacer is tubular, the threaded fastener includes a threaded body section and a head portion connected to each other, the threaded body section is disposed through the spacer and screwed to the first threaded hole, and the head portion is abutted against a side of the upper portion opposite to the spacer; or
a water valve fixation system of claim 1, wherein each of the two wings includes at least one third through hole, and the at least one third through hole is oval.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the references used in this rejection and those cited in the PTO-892, the following references are very relevant to the claimed invention: US 11377829, 9651174.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERET C MCNICHOLS whose telephone number is (571)270-7363. The examiner can normally be reached Monday - Friday: 9:00 - 5:00 (Eastern).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ERET C. MCNICHOLS
Primary Examiner
Art Unit 3632
/ERET C MCNICHOLS/Primary Examiner, Art Unit 3632
1 See MPEP 806.04(f).
2 Id.
3 Id.
4 See MPEP 806.04(f) – 806.04(h).
5 See MPEP 808.02.