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.
Examiner notes that the claim language directed towards the process of injection molding and core pulling are considered to be interpreted as product by process and do not limit the claim. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product in the prior art, the claim in unpatentable even though the prior product was made by a different process (see MPEP 2113).
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (Pub No. 2023/0060483) in view of Zhu (U.S. Patent No. 11,892,090) hereinafter referred to as “Zhu2”.
Regarding claim 1, Zhu discloses a faucet body (Figs. 1-5), comprising a left inlet seat (1), a right inlet seat (2), and a horizontal pipe (3), wherein the left inlet seat (1) and the right inlet seat (1) are arranged side by side (Fig. 1); the horizontal pipe (3) horizontally connects the left inlet seat (1) to the right inlet seat (2); a left valve chamber (Fig. 2, paragraph 23) is provided inside the left inlet seat (1), and a right valve chamber (Fig. 2, paragraph 23) is provided inside the right inlet seat (1); a top of the left valve chamber is open (Fig. 2, via the mold core 401 disclosed in paragraph 28), a bottom of the left valve chamber is provided with a left valve chamber inlet (paragraph 23), and a side wall of the left valve chamber is provided with a left valve chamber outlet (Fig. 2, paragraph 23); and a top of the right valve chamber is open (Fig. 2, via the mold core 402 disclosed in paragraph 28), a bottom of the right valve chamber is provided with a right valve chamber inlet (paragraph 23), and a side wall of the right valve chamber is provided with a right valve chamber outlet (Fig. 2, paragraph 23); a left channel (32), a right channel (34), and a mixing chamber (Fig. 2) are provided inside the horizontal pipe (3), and the mixing chamber (31, Fig. 2) is located between the left channel (32) and the right channel (34); the mixing chamber (31) is provided with a left inlet (Fig. 2), a right inlet (Fig. 2), and an outlet (Fig. 2, paragraph 23); and the left channel (32) communicates the left valve chamber outlet with the left inlet of the mixing chamber (paragraph 23), while the right channel (34) communicates the right valve chamber outlet with the right inlet of the mixing chamber (paragraph 23); the left inlet seat (1), the right inlet seat (2), and the horizontal pipe (3) are integrally formed by injection molding (paragraph 23); the left channel and the right channel are formed by injection molding and core pulling (paragraph 23); a first mold core for forming the left channel is extracted from an opening of the top of the left valve chamber (Product by Process); and a second mold core for forming the right channel is extracted from an opening of the top of the right valve chamber (Product by Process); and a first plane where an axis (Fig. 2) of the left channel (32) is located is not coplanar with a second plane where an axis (Fig. 2) of the right channel (34) is located (paragraph 25), but lacks disclosure wherein the first and second channels are curved channels, and wherein the faucet body is free of any sealing processing hole communication with the left channel or the right channel.
The left and right channel produced by a mold core of injection molding and core pulling does not limit the claim. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product in the prior art, the claim is unpatentable even though the prior product was made by a different process (see MPEP 2113).
Zhu2 teaches a faucet body (Figs. 1-6) comprising a left inlet seat (11), a right inlet seat (21), and a horizontal pipe (3) connecting the left inlet seat (11) and the right inlet seat (21), wherein the faucet body (10) is formed by injection molding and core pulling (Column 5 lines 16-67) that forms a left curved channel (32) to communicate the left inlet seat (11) with a mixing chamber (31), and forms a right curved channel (33) to communicate the right inlet (21) with the mixing chamber (31); wherein the faucet body (10) is free of any sealing processing holes (Column 6 line 57-Column 7 line 5) communicating with the left channel (32) or the right channel (33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed to modify the faucet body of Zhu, with a faucet body as taught by Zhu2 for the advantage of reducing the assembly members, enhancing the sealing effect, and effectively preventing leaking (Column 6 line 57-Column 7 line 5).
Regarding claim 2, Zhu discloses the faucet body (Figs. 1-5), wherein the left inlet and the right inlet of the mixing chamber (31) are staggered (Fig. 2).
Regarding claim 3, Zhu discloses the faucet body (Figs. 1-5), wherein the left inlet and the right inlet of the mixing chamber (31) are partially or completely staggered (Fig. 2) in a vertical or front-to-rear direction (Fig. 2).
Regarding claim 4, Zhu discloses the faucet body (Figs. 1-5), wherein the first plane where the axis of the left channel (32) is located intersects with or is parallel (paragraph 25) to the second plane where the axis of the right channel (34) is located.
Regarding claim 5, Zhu discloses the faucet body (Figs. 1-5), wherein alternatively, the left inlet (Fig. 2) of the mixing chamber (31) and the left valve chamber outlet are not located on the second plane (Fig. 2) where the axis of the right channel (34) is located; and alternatively, the right inlet (Fig. 2) of the mixing chamber (31) and the right valve chamber outlet are not located on the first plane where the axis (Fig. 2) of the left channel (32) is located.
Regarding claim 6, Zhu discloses the faucet body (Figs. 1-5), wherein water flows entering the mixing chamber (31) from the left inlet and the right inlet (Fig. 2) of the mixing chamber (31) form a rotational flow along an inner circumferential wall of the mixing chamber (the anticipated structure is capable of performing the claimed function).
Regarding claim 7, Zhu discloses the faucet body (Figs. 1-5), wherein the water flows entering the mixing chamber (31) from the left inlet and the right inlet (Fig. 2) of the mixing chamber (31) enter respectively along tangential directions (Fig. 2) of the inner circumferential wall of the mixing chamber (31).
Regarding claim 8, Zhu discloses the faucet body (Figs. 1-5), wherein the left valve chamber is cylindrical (Fig. 2), and the first plane where the axis (Fig. 2) of the left channel (32) is located is coplanar (paragraph 25) with a plane passing through an axis (Fig. 1, paragraph 26) of the left valve chamber; and the right valve chamber is cylindrical (Fig. 2), and the second plane where the axis (Fig. 2) of the right channel (34) is located is coplanar with a plane passing through an axis (Fig. 1, paragraph 26) of the right valve chamber.
Regarding claim 9, Zhu discloses the faucet body (Figs. 1-5), wherein the left valve chamber and the right valve chamber are cylindrical (Fig. 2); and an axis of the outlet of the mixing chamber (31) is not located on a plane (Fig. 1) passing through an axis of the left valve chamber and an axis of the right valve chamber (paragraph 26).
Regarding claim 10, Zhu discloses the faucet body (Figs. 1-5), wherein the axis (Fig. 1) of the outlet of the mixing chamber (31) intersects with or is parallel (paragraph 26) to the plane passing through the axis of the left valve chamber and the axis of the right valve chamber (Fig. 1).
Regarding claim 11, Zhu discloses the faucet body (Figs. 1-5), wherein the left valve chamber inlet is integrated with a left inlet pipe (Fig. 1, paragraph 23), and the right valve chamber inlet is integrated with a right inlet pipe (Fig. 1, paragraph 23); the left inlet pipe is coaxial with the left valve chamber (Fig. 1), and the right inlet pipe is coaxial with the right valve chamber (Fig. 1); each of an outer wall of the left inlet pipe and an outer wall of the right inlet pipe is provided with an insert-molded external threaded sleeve with an external thread (paragraph 23); and the insert-molded external threaded sleeve is made of stainless steel, zinc alloy, aluminum, or copper (paragraph 23).
Regarding claim 12, Zhu discloses the faucet body (Figs. 1-5), wherein the left valve chamber inlet is integrated with a left inlet pipe (Fig. 1, paragraph 23), and the right valve chamber inlet is integrated with a right inlet pipe (Fig. 1, paragraph 23); the left inlet pipe is coaxial with the left valve chamber (Fig. 1), and the right inlet pipe is coaxial with the right valve chamber (Fig. 1); and each of an outer wall of the left inlet pipe and an outer wall of the right inlet pipe is integrated with an external thread (paragraph 23).
Regarding claim 13, Zhu discloses a faucet (paragraph 3), comprising the faucet body (Figs. 1-5), a left valve trim (paragraph 3), and a right valve trim (paragraph 3), wherein the faucet body is H-shaped (paragraph 3); the left valve trim is located in the left valve chamber (paragraph 3), and the right valve trim is located in the right valve chamber (paragraph 3); the left valve chamber inlet is communicated with a cold water source (paragraphs 3-4); and the right valve chamber inlet is communicated with a hot water source (paragraphs 3-4).
Regarding claim 14, Zhu discloses the faucet, wherein in the faucet body (Figs. 1-5), the left inlet and the right inlet of the mixing chamber (31) are staggered (Fig. 2).
Regarding claim 15, Zhu discloses the faucet, wherein in the faucet body (Figs. 1-5), the left inlet and the right inlet of the mixing chamber (31) are partially or completely staggered (Fig. 2) in a vertical or front-to-rear direction (Fig. 2).
Regarding claim 16, Zhu discloses the faucet, wherein in the faucet body (Figs. 1-5), wherein the first plane where the axis of the left channel (32) is located intersects with or is parallel (paragraph 25) to the second plane where the axis of the right channel (34) is located.
Regarding claim 17, Zhu discloses the faucet, wherein in the faucet body (Figs. 1-5), wherein alternatively, the left inlet (Fig. 2) of the mixing chamber (31) and the left valve chamber outlet are not located on the second plane (Fig. 2) where the axis of the right channel (34) is located; and alternatively, the right inlet (Fig. 2) of the mixing chamber (31) and the right valve chamber outlet are not located on the first plane where the axis (Fig. 2) of the left channel (32) is located.
Regarding claim 18, Zhu discloses the faucet, wherein in the faucet body (Figs. 1-5), wherein water flows entering the mixing chamber (31) from the left inlet and the right inlet (Fig. 2) of the mixing chamber (31) form a rotational flow along an inner circumferential wall of the mixing chamber (the anticipated structure is capable of performing the claimed function).
Regarding claim 19, Zhu discloses the faucet, wherein in the faucet body (Figs. 1-5), wherein the water flows entering the mixing chamber (31) from the left inlet and the right inlet (Fig. 2) of the mixing chamber (31) enter respectively along tangential directions (Fig. 2) of the inner circumferential wall of the mixing chamber (31).
Regarding claim 20, Zhu discloses the faucet, wherein in the faucet body (Figs. 1-5), wherein the left valve chamber is cylindrical (Fig. 2), and the first plane where the axis (Fig. 2) of the left channel (32) is located is coplanar (paragraph 25) with a plane passing through an axis (Fig. 1, paragraph 26) of the left valve chamber; and the right valve chamber is cylindrical (Fig. 2), and the second plane where the axis (Fig. 2) of the right channel (34) is located is coplanar with a plane passing through an axis (Fig. 1, paragraph 26) of the right valve chamber.
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