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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it has exceeded 150 words and it contains legal phraseology often used in patent claims, such as “means” in line 9 of the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 15 and 16 are objected to because of the following informalities: “this body section” in line 2 of claim 15 should be --said body section--; and “The sanitary fitting system” in line 1 of claim 16 should be --A sanitary fitting system-- and “a sanitary fitting” in line 1 of claim 16 should be --the sanitary fitting--.
Appropriate correction is required.
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 4-5 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 4, the phrase "preferably in the form of" in line 3 is an exemplary language which renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of this examination, the limitation(s) following the phrase are not considered to be a part of the claimed invention.
Regarding claim 5, the limitation “the tilting bearing of the lever” in lines 2-3 lacks antecedent basis in the claim which renders the claim indefinite because it is unclear as to which structure of the lever is being considered as “the tilting bearing.” Page 13, line 27 of the original specification recites “a pin or axle body 25 serving as a tilting bearing for the lever 4.1, which allows a certain tilting movement of the actuating handle 7 with the lever 4.1” which further raises the question as to whether “the tilting bearing” is referring to the “axle body” or to some other part of the lever? For the purpose of this examination, the limitation is being read as ‘in which an axle body for the tilting movement of the lever is mounted.’
Claim Interpretation
The language “can be” in line 2 of claim 11 is being interpreted to be the same as ‘capable of being.’
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.
Claim(s) 1-10 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2009/019731 A2 (hereinafter Andreotti).
Regarding claim 1, Andreotti discloses a sanitary fitting (see Fig. 4) comprising a fitting body (Ri), a water connection (where Ti connected to Ri), a water outlet or water exit (the water outlet or exit of Ri) and a movable operating element (L) having a lever (1, 11), wherein the lever is rotatable about a first axis of rotation to control a water temperature and is tiltable about a second axis of rotation to control a water flow (see claims 6 and 8), and wherein a sensor device (6) for detecting various positions of the lever relative to a fixed position of the fitting body is arranged in the fitting body.
Regarding claim 2, the sanitary fitting according to claim 1, wherein the sensor device comprises a “Hall” sensor (see page 9, lines 7-11).
Regarding claim 3, the sanitary fitting according to claim 1, wherein the operating element comprises a pivot body (2) which is rotatable about the first axis of rotation and is mounted in a bearing body (3) which is fixable in the fitting body.
Regarding claim 4, the sanitary fitting according to claim 3, wherein the pivot body (2) and/or the lever (1, 11) of the operating element are/is provided with a friction element (one or more gaskets (101, 102, 103), preferably in the form of a spring-loaded friction element or clampable ring or pressed-in, projecting element made of elastomer.
Regarding claim 5, The sanitary fitting according to claim 3, wherein the pivot body comprises mutually aligned bores (see Figs. 1, 2a and 2b) in which an axle body (pin through the bores shown in Fig. 1) for ‘the tilting movement’ of the lever is mounted.
Regarding claim 6, the sanitary fitting according to claim 3, wherein the pivot body (2) has stops (see Fig. 1: end walls of aperture lever 1 is received) which limit a tilting movement of the lever.
Regarding claim 7, the sanitary fitting according to claim 3, wherein the bearing body (2) has stops (see Fig. 1: the raised tabs where 2 is pointing on both sides) which limit a rotation of the pivot body.
Regarding claim 8, the sanitary fitting according to claim 3, wherein the fitting body (2) has a partition (see Fig. 1: the recess for element 3) on the inside in the form of a base or a wall, the bearing body (3) being axially fixed to the partition with an intermediate arrangement of a sealing body (8).
Regarding claim 9, the sanitary fitting according to claim 8, wherein an electrical and/or signal cable (B) is guided through the sealing body to the sensor device in a watertight manner.
Regarding claim 10, the sanitary fitting according to claim 3, wherein a magnet (4) is displaceably guided in the pivot body (3), the magnet being displaceable by a tilting or pivoting movement of the lever.
Regarding claim 16, Andreotti discloses a sanitary fitting system having the sanitary fitting according to claim 1 above and a mixing unit (where Ei is pointing in Fig. 4) associated with the sanitary fitting and electronically controllable by means of the operating element (L), wherein the mixing unit has a connection for cold water (see Fig. 4: where vertical supply pipe connected to Ei), a connection (see Fig. 4: where the other vertical supply pipe connected to Ei) for hot water, a connection (where Ti connected to Ei) for a mixed water line connectable to the sanitary fitting, at least two independently from each other controllable valves (Ei) for setting the temperature and volume flow of the mixed water to be dispensed via the connection for the mixed water line and drives controlling the valves (see abstract).
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.
Claim(s) 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andreotti in view of US 5,755,258 (hereinafter Pawelzik).
Regarding claim 11, Andreotti teaches the fastening means for the valve cartridge (G) within the fitting body and all other claimed limitations as discussed regarding cliam 3 above except for the bearing body is axially fixable in the fitting body by means of a hollow screw, which can be screwed into an internal thread of the fitting body.
Attention is directed to the Pawelzik reference which teaches an analogous sanitary fitting comprises a fastening means (sleeve 3) for a valve cartridge (2) having a bearing body (casing 20) is axially fixable in a fitting body (1) by means of a hollow screw (about 31), which can be screwed into an internal thread (about 31) of the fitting body (see Fig. 1).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the fastening means of Andreotti with a fastening means having a bearing body is axially fixable in a fitting body by means of a hollow screw, which can be screwed into an internal thread of the fitting body as taught by Pawelzik, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 12, the sanitary fitting according to claim 11 above, wherein the hollow screw (sleeve 3) of Andreotti and Pawelzik is made of plastic (see claim 12 of Pawelzik); however, Pawelzik remains silent as to the transparent plastic. Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the plastic with a transparent plastic as taught by Pawelzik, wherein doing so would merely be substituting equivalents known plastic material for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 13, the sanitary fitting according to claim 11 above, wherein the hollow screw taught by Pawelzik is surrounded on the outside by an “annular light guide” (décor cover 5 surrounded member 3 is considered as “annular light guide” since it is capable of guiding light via the gap therebetween as shown in Fig. 2).
Regarding claim 14, the sanitary fitting according to claim 11 above, wherein the hollow screw taught by Pawelzik has a circumferential, radially inwardly projecting web (about where 35 is pointing in Fig. 3 of Pawelzik) at its outer end (about where 33 is pointing in Fig. 3 of Pawelzik).
Regarding claim 15, the sanitary fitting according to claim 11 above, wherein the bearing body (casing 20) of Andreotti and Pawelzik is made of plastic (see col. 3, lines 1-2 of Pawelzik) at least in a body section facing the hollow screw (see Fig. 1 of Pawelzik), this body section of the bearing body preferably being provided on the inside with an “annular light guide” (décor cover 5 surrounded member 3 is considered as “annular light guide” since it is capable of guiding light via the gap therebetween as shown in Fig. 2); however, Pawelzik remains silent as to the transparent plastic. Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the plastic with a transparent plastic as taught by Pawelzik, wherein doing so would merely be substituting equivalents known plastic material for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10,450,729 (Chang et al.) teaches an analogous sanitary fitting includes a hollow screw with a large diameter and a small diameter external threads, which is an unclaimed feature of the instant invention.
US 5,535,779 (Huang) teaches an analogous sanitary fitting includes a transparent zone for allowing visual of color, quality, and temperature of the water. transparent zone for allowing visual of color, quality, and temperature of the water.
US 4,773,767 (Coll) teaches an analogous sanitary fitting includes a transparent resin fastener for viewing the temperature of the water.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN N NGUYEN whose telephone number is (571)272-4892. The examiner can normally be reached Mon-Fri 8-4.
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, David Angwin can be reached at (571) 270-3735. 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.
/TUAN N NGUYEN/Primary Examiner, Art Unit 3754