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 Amendment
This action is responsive to the amendment dated 12/18/2025. The previous claim objections have been withdrawn due to applicant’s amendment. The previous 112 rejection has been withdrawn due to applicant’s amendment. Any new ground(s) of rejection below have been made due to applicant’s amendment. Claims 1-20 remain pending. This action is Final.
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 10 and 18 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.
Claim 10 recites that the elongated first fitting end is coupled directly to a drain port on a water heater. However, per the preamble of claim 10, the invention is directed to the subcombination of the T-ball valve assembly. The positive recitation of the water heater in the body of claim 10 is additional combination features that are outside the scope of the T-ball valve assembly. Thus, the metes and bounds of the claim are unclear as it is unclear if the scope of claim 10 is intended to only cover the subcombination of the T-ball valve assembly or if the scope further includes the water heater. As the preamble recites the T-ball valve assembly, claim 10 will be interpreted to be directed to the subcombination of the T-ball valve assembly, with the elongated first fitting end interpreted to be configured to (capable of) being coupled directly to a drain port on a water heater.
Claim 18, it is unclear how the check valve insert “permit[s]” backflow to a source of the descaling solution. Wouldn’t the check valve prevent the backflow to a source of the descaling solution? Especially as, per claim 13, the descaling solution is introduced to the water heater through the second fitting end. If the check valve permits the backflow to a source of the descaling solution coupled to the second fitting end, the check valve would necessarily prevent the descaling solution from flowing in the opposite direction (the direction to the water heater through the second fitting end). Paragraph 27 of the applicant’s specification describes the check valve as preventing backflow to a source of descaling solution. For the purposes of examination, claim 18 will be interpreted to recite the check valve insert “to prevent backflow to a source of the descaling solution coupled to the second fitting end”.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code 103 not included in this action can be found in a prior Office action.
Claim(s) 1, 3-8, 10-17, and 19-20, claim 10 as far as it is definite, is/are rejected under 35 U.S.C. 103 as being unpatentable over Reck (U.S. 7,789,106) in view of Erhardt (U.S. 8,375,991).
Reck discloses a water heater valve (the term “water heater” is intended use in the preamble), comprising (in particular the embodiment of figs. 5A-5B1): a tee-shaped valve body (508) having an elongated first fitting end (the left end in fig. 5A1 from the ball 509 to 502), a second fitting end (the bottom end, from the ball 509 to 506), and a drain port (the right end near 504, where the term “drain” is an intended use and the structure of the port of Reck is the same as the structure of the port of the applicant’s device), wherein said second fitting end is disposed approximately 90° from said elongated first fitting end and said drain port (fig. 5A1), and said drain port is located approximately 180° from said elongated first fitting end (fig. 5A1); a first valve member (509) with a flow diversion member (520) located in the fluid passageway of said tee-shaped valve body; wherein said first valve member opens said fluid passageway between said elongated first fitting end and said drain port, while closing the fluid passageway between said second fitting end and both said elongated first fitting end and said drain port when said first valve member is in a first position (fig. 5A1); wherein said first valve member closes said fluid passageway between said drain port and both of said elongated first fitting end and said second fitting end, while opening the fluid passageway between said elongated first fitting end and said second fitting end when said first valve member is in a second position (fig. 5A2); a second valve member (501) with a flow diversion member (the ball of 501) located between said first valve member and the end of said second fitting end; and wherein said elongated first fitting end is longer than both said second fitting end and said drain port (see the length of the first fitting end from the ball 509 toward the left end at 502).
Reck does not appear to disclose wherein said first valve member opens said fluid passageway between said elongated first fitting end and both of said second fitting end and said drain port, when said first valve member is in a third position to permit introduction of descaling solution through said second fitting end to a water heater coupled to said elongated first fitting end while permitting drainage through said drain port; wherein said first valve member closes said fluid passageway between said elongated first fitting end and said second fitting end portion and said drain port, while opening the fluid passageway between said second fitting end and said drain port when said first valve member is in a fourth position.
Erhardt teaches it was known in the art to have a similar tee-shaped ball valve (112) that is at an intersection of three ports and can rotate to one of four positions (see figs. 7a-7d, examiner notes this reads on the third and fourth positions as recited above, examiner further notes the recitation of “to permit introduction of descaling solution through said second fitting end to a water heater coupled to said elongated first fitting end while permitting drainage through said drain port” is an intended use recitation that has not been given patentable weight).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Reck by having the valve be able to rotate to an additional third and fourth position as taught by Erhardt as Reck is silent as to any additional positions of the tee-shaped ball valve and is capable of rotation into further positions and the additional positions provide flow control in additional positions of the valve such as a completely off position that stops fluid flow to any of the outlet ports or a position that allows fluid flow through all the ports simultaneously if so desired by a user for a particular application.
Regarding claim 3, Reck as modified further discloses wherein said elongated first fitting end is configured to be directly coupled to a drain port of a water heater (the first fitting end is capable of being coupled to any number of devices, including a drain port of a water heater, the “configured to be directly coupled to a drain port of a water heater” is an intended use recitation that has not been given patentable weight).
Regarding claim 4, Reck as modified further discloses wherein said tee-shaped valve body is a unitary piece (see 508 being a single piece).
Regarding claim 5, Reck as modified further discloses wherein said first fitting end and said second fitting end are the same type of fitting (see fig. 5A1 notice the external threading at 506 and 502, the external threading of 502 then connecting to union nut 534, see also col. 4, ll. 41-42 and col. 4, ll. 52-53).
Regarding claim 6, Reck as modified further discloses wherein said tee-shaped valve body is made from a material that includes brass (col. 8, ll. 61-66).
Regarding claim 7, Reck as modified further discloses wherein said second valve member is a ball valve (ball valve 501).
Regarding claim 8, Reck discloses a T-ball valve assembly, comprising (in particular the embodiment of figs. 5A-5B1): a tee-shaped valve body (508) having an elongated first fitting end (the left end in fig. 5A1 from the ball 509 to 502), a second fitting end (the bottom end, from the ball 509 to 506), and a drain port (the right end near 504, where the term “drain” is an intended use and the structure of the port of Reck is the same as the structure of the port of the applicant’s device), wherein said second fitting end is disposed approximately 90° from said elongated first fitting end and said drain port (fig. 5A1), and said drain port is located approximately 180° from said elongated first fitting end (fig. 5A1); a T-ball valve member (509) with a flow diversion member (520) located in the fluid passageway of said tee-shaped valve body; wherein said T-ball valve member opens said fluid passageway between said elongated first fitting end and said drain port, while closing the fluid passageway between said second fitting end and both said elongated first fitting end and said drain port when said T-ball valve member is in a first position (fig. 5A1); wherein said T-ball valve member closes said fluid passageway between said drain port and both of said elongated first fitting end and said second fitting end, while opening the fluid passageway between said elongated first fitting end and said second fitting end when said T-ball valve member is in a second position (fig. 5A2); a second valve member (501) with a flow diversion member (the ball of 501) located between said T-ball valve member and the end of said second fitting end; wherein said elongated first fitting end is longer than both said second fitting end and said drain port (see the length of the first fitting end from the ball 509 toward the left end at 502); and wherein said T-ball valve member has a handle (511) that is shorter than said elongated first fitting end (fig. 5B).
Reck does not appear to disclose wherein said T-ball valve member opens said fluid passageway between said elongated first fitting end and both of said second fitting end and said drain port, when said T-ball valve member is in a third position to permit introduction of descaling solution through said second fitting end while permitting drainage through said drain port; wherein said T-ball valve member closes said fluid passageway between said elongated first fitting end and said second fitting end portion and said drain port, while opening the fluid passageway between said second fitting end and said drain port when said T-ball valve member is in a fourth position.
Erhardt teaches it was known in the art to have a similar tee-shaped ball valve (112) that is at an intersection of three ports and can rotate to one of four positions (see figs. 7a-7d, examiner notes this reads on the third and fourth positions as recited above, examiner further notes the recitation of “to permit introduction of descaling solution through said second fitting end to a water heater coupled to said elongated first fitting end while permitting drainage through said drain port” is an intended use recitation that has not been given patentable weight).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Reck by having the valve be able to rotate to an additional third and fourth position as taught by Erhardt as Reck is silent as to any additional positions of the tee-shaped ball valve and is capable of rotation into further positions and the additional positions provide flow control in additional positions of the valve such as a completely off position that stops fluid flow to any of the outlet ports or a position that allows fluid flow through all the ports simultaneously if so desired by a user for a particular application.
Regarding claim 10, Reck as modified further discloses wherein said elongated first fitting end is coupled directly to a drain port on a water heater (per the 112 rejection above, the first fitting end is capable of being coupled to any number of devices, including a drain port of a water heater, the “configured to be directly coupled to a drain port of a water heater” is an intended use recitation that has not been given patentable weight).
Regarding claim 11, Reck as modified further discloses wherein said tee-shaped valve body is a unitary piece (see 508 being a single piece).
Regarding claim 12, Reck as modified discloses the claimed invention but does not appear to explicitly disclose including a union fitting coupled to said second fitting end.
However, Reck further teaches that it was known to include any number of fittings for the various ports, including a union connection (see col. 4, ll. 41-44 and col. 4, ll. 54-61).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second fitting end of Reck by having the second fitting end include a union fitting as taught by Reck in order to provide a known connection that can provide for reliable sealing at the connection (see col. 4, ll. 41-44).
Regarding claim 13, Reck discloses a piping assembly (in particular the embodiment of Fig. 5A to 5B1) adjacent to a water heater (300), comprising: a tee-shaped valve body (508) having an elongated first fitting end (the left end in fig. 5A1 from the ball 509 to 502), a second fitting end (the bottom end, from the ball 509 to 506), and a drain port (the right end near 504, where the term “drain” is an intended use and the structure of the port of Reck is the same as the structure of the port of the applicant’s device), wherein said second fitting end is disposed approximately 90° from said elongated first fitting end and said drain port (fig. 5A1), and said drain port is located approximately 180° from said elongated first fitting end (fig. 5A1); a T-ball valve member (509) with a flow diversion member (520) located in the fluid passageway of said tee-shaped valve body; wherein said T-ball valve member opens said fluid passageway between said elongated first fitting end and said drain port, while closing the fluid passageway between said second fitting end and both said elongated first fitting end and said drain port when said T-ball valve member is in a first position (5A1); wherein said T-ball valve member closes said fluid passageway between said drain port and both of said elongated first fitting end and said second fitting end, while opening the fluid passageway between said elongated first fitting end and said second fitting end when said T-ball valve member is in a second position (5A2); a second valve member (501) with a flow diversion member (the ball of 501) located between said first T-ball member and the end of said second fitting end (fig. 5A1); wherein said elongated first fitting end is longer than both said second fitting end and said drain port (see the length of the first fitting end from the ball 509 toward the left end at 502); wherein said elongated first fitting end is coupled to a water heater (300, see fig. 9 and col. 3, ll. 65-67 describing the embodiment as being a cold water valve and col. 7, ll. 33-36 describing the cold water valve as being coupled to the water heater); and a pipe is coupled to said second fitting end (see 506 being a pipe).
Reck does not appear to disclose wherein said T-ball valve member opens said fluid passageway between said elongated first fitting end and both of said second fitting end and said drain port, when said T-ball valve member is in a third position to permit introduction of descaling solution to the water heater through said second fitting end while permitting drainage through said drain port; wherein said T-ball valve member closes said fluid passageway between said elongated first fitting end and said second fitting end portion and said drain port, while opening the fluid passageway between said second fitting end and said drain port when said T-ball valve member is in a fourth position.
Erhardt teaches it was known in the art to have a similar tee-shaped ball valve (112) that is at an intersection of three ports and can rotate to one of four positions (see figs. 7a-7d, examiner notes this reads on the third and fourth positions as recited above, examiner further notes the recitation of “to permit introduction of descaling solution to the water heater through said second fitting end to a water heater coupled to said elongated first fitting end while permitting drainage through said drain port” is an intended use recitation that has not been given patentable weight, the third position with all ports being open will allow for fluid communication amongst all the ports).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Reck by having the valve be able to rotate to an additional third and fourth position as taught by Erhardt as Reck is silent as to any additional positions of the tee-shaped ball valve and is capable of rotation into further positions and the additional positions provide flow control in additional positions of the valve such as a completely off position that stops fluid flow to any of the outlet ports or a position that allows fluid flow through all the ports simultaneously if so desired by a user for a particular application.
Regarding claim 14, Reck as modified further discloses wherein said tee-shaped valve body is a unitary piece (see 508 being a single piece).
Regarding claim 15, Reck as modified further discloses wherein said tee-shaped valve body is made from a material including brass (col. 8, ll. 61-66).
Regarding claim 16, Reck as modified discloses the claimed invention but does not appear to explicitly disclose wherein said first fitting end is directly coupled to the drain port of a storage tank of said water heater.
However, Reck does further teach that it was known to have a similar valve directly coupled to a drain port of a storage tank of the water heater (see fig. 9 and valve 100 coupled to the water heater 300 at 308, the lines within 300 being considered the “tank” as they hold water and the port 308 being considered a “drain” as fluid exits or drains out of the water heater to the plumbing system).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Reck by having the valve of the embodiment of figs. 5A-5B1 be directly connected to the drain of a storage tank of the water heater as further taught by Reck in order to have a multi-way valve as desired at the exit of the water heater yet has fewer ports (relative to the embodiment of fig. 6A-6B1 which has an additional port 606), saving on cost while still allowing for adequate desired functionality and since a reversal or rearrangement of parts has been held to be within the level of ordinary skill in the art (the rearrangement/reversal being having the “cold water” valve assembly be moved to the location of the “hot water valve assembly” with respect to the water heater).
Regarding claim 17, Reck as modified discloses the claimed invention but does not appear to explicitly disclose including a union fitting coupled to said second fitting end.
However, Reck further teaches that it was known to include any number of fittings for the various ports, including a union connection (see col. 4, ll. 41-44 and col. 4, ll. 54-61).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second fitting end of Reck by having the second fitting end include a union fitting as taught by Reck in order to provide a known connection that can provide for reliable sealing at the connection (see col. 4, ll. 41-44).
Regarding claim 19, Reck as modified further discloses wherein said T-ball valve member has a handle (511) and wherein the length of said elongated first fitting end is longer than the length of said handle (fig. 5B).
Regarding claim 20, Reck as modified further discloses wherein said drain port includes external threading (col. 4, ll. 56-61 describing the port 504 as having male (external) threading).
Claim(s) 2, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reck in view of Erhardt as applied to claims 1 and 8, respectively, above, and further in view of Schadewald et al. (U.S. 6,425,571).
Regarding claims 2 and 9, Reck as modified discloses the claimed invention but does not appear to disclose wherein the first valve member (T-ball valve member) includes a stem with a symbol showing the alignment of the openings in the flow diversion member.
Schadewald teaches it was known in the art to have a valve stem with symbols to indicate the positioning of the valve (stem 90 with symbols 99 to designate positioning of the valve, col. 9, ll. 14-20).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Reck by having symbols on the stem to indicate positioning of the valve as taught by Schadewald in order to allow a user to visually determine the positioning of the valve to determine whether or not the valve is in the desired position.
Claim(s) 18, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Reck in view of Erhardt as applied to claim 17 above, and further in view of Cimberio et al. (U.S. 2008/0314466).
Reck as modified discloses the claimed invention but does not appear to disclose the union fitting including a check valve insert to permit backflow to a source of the descaling solution coupled to the second fitting.
Cimberio teaches it was known in the art to have a similar tankless water heater with a check valve at an outlet port of a valve for the water heater (see abstract, para. 16, claim 22, it is noted this check valve is considered to be an “insert” as the structure of the valve is inserted into and thus part of the valve assembly, it is further noted that the recitation of “to permit backflow to a source of the descaling solution coupled to the second fitting end” is an intended use recitation that has not been given patentable weight and further as best understood per the 112 rejection above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Reck by having a check valve insert at any of the ports, including the port with the union fitting, as taught by Cimberio in order to prevent any user undesired backflow of the fluid in the system.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
On page 9 of the response, the applicant argues that Reck does not disclose a threaded drain port. However, col. 4, ll. 56-61 of Reck describes the port 504 as having male (external) threading.
Further on page 9 and continuing to page 10 of the response, the applicant argues that the introduction of descaling solution is not taught by Reck or Erhardt and Reck does not have a drain port. However, the applicant’s amended limitation regarding the introduction of descaling solution is an intended use found in the apparatus claim. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. It is noted the term “drain” associated with the port is additionally an intended use. The structure of the valve assembly of Reck as modified by Erhardt is the same as that claimed by the applicant.
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 MICHAEL R REID whose telephone number is (313)446-4859. The examiner can normally be reached on Monday-Friday 9am-5pm est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Craig Schneider can be reached at 571-272-3607, or Ken 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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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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/MICHAEL R REID/ Primary Examiner, Art Unit 3753