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 7/14/2026. The previous 112 rejection has been withdrawn due to applicant’s amendment. Claims 1-20 remain pending. Any new ground(s) of rejection made below have been due to applicant’s amendment. This action is Final.
Claim Objections
Claims 8, 13, and 16 are objected to because of the following informalities:
Claim 8, line 20, “descaling solution enters” should be amended to --descaling solution is configured to enter-- in order to avoid potential 112(b) issues with process type steps recited in an apparatus claim. See MPEP2173.05(p).
Claim 13, line 22, “descaling solution enters” should be amended to --descaling solution is configured to enter-- in order to avoid potential 112(b) issues with process type steps recited in an apparatus claim. See MPEP2173.05(p).
Claim 16, line 2, “the drain port” should be --a drain port--. While claim 13 recites “a drain port”, this is associated with the valve body, not the water heater.
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 1-20 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.
In claim 1 there is an inconsistency in the language of the preamble and that of body of the claim thus making the scope unclear. The preamble recites “a water heater valve for coupling to a water heater” with the water heater only functionally recited, e.g. for coupling to a water heater, thus indicating that the claims are directed to the subcombination of a water heater valve. However, line 2 positively recites the water heater as an element of the invention, thus indicating that the claims are directed to the combination of the water heater valve and water heater (as well as a descaling solution, per line 3). As such it is unclear whether applicant intends the claims to be drawn to the combination or the subcombination. Applicant is hereby required to indicate which, the combination (a water heater valve, water heater, and descaling solution) or subcombination (water heater valve) the claims are intended to be drawn and make the language consistent with this intent. For examination purposes, the claims will be considered as drawn to the combination, the water heater valve, water heater, and descaling solution. Amending the preamble of claim 1 to recite, “A water heater assembly kit, comprising:” would appear to resolve this issue. Or language similar to the above.
Claims 2-7 are rejected due to their dependency on claim 1.
Claim 3 is further rejected as claim 3 recites the first fitting end being configured to be directly coupled to a drain port of a water heater. However, claim 1 has been amended to positively recite the connection of the first fitting end directly to a water heater. Further, the limitation of “a water heater” was already introduced in claim 1. Thus, it is unclear how many water heater(s) are intending to be claimed in claim 3. Amending claim 3 to recite the elongated first fitting end is --directly coupled to a drain port of said water heater-- would appear to resolve this issue.
In claim 8 there is an inconsistency in the language of the preamble and that of body of the claim thus making the scope unclear. The preamble recites “a T-ball valve assembly for use with descaling solution” with the descaling solution only functionally recited, e.g. for use with descaling solution, thus indicating that the claims are directed to the subcombination of a T-ball valve assembly. However, line 2 positively recites the source of descaling solution as an element of the invention, thus indicating that the claims are directed to the combination of the T-ball valve assembly and source of descaling solution. As such it is unclear whether applicant intends the claims to be drawn to the combination or the subcombination. Applicant is hereby required to indicate which, the combination (a T-ball valve assembly and source of descaling solution) or subcombination (T-ball valve assembly) the claims are intended to be drawn and make the language consistent with this intent. For examination purposes, the claims will be considered as drawn to the combination, the T-ball valve assembly and source of descaling solution. See the suggested language for claim 1 above.
Claims 9-12 are rejected due to their dependency on claim 8.
In claim 13 there is an inconsistency in the language of the preamble and that of body of the claim thus making their scope unclear. The preamble recites “a piping assembly adjacent to a water heater”. However, line 2 positively recites an additional structure that is outside of the scope of the preamble, namely a source of descaling solution. It is unclear whether applicant intends the claims to be drawn to solely the piping assembly and water heater per the preamble or the piping assembly, water heater, and source of descaling solution per the body of the claim. For examination purposes, the claims will be considered as drawn to the combination of the piping assembly, the water heater, and the source of descaling solution. See the suggested language for claim 1 above.
Claim 13 is further rejected as it is unclear if the limitation of “a water heater” in line 3 is referring back to the recitation of “a water heater” recited in line 1 or not.
Claims 14-20 are rejected due to their dependency on claim 13.
Claim 18 is further rejected for being unclear. Claim 18 recites that the second fitting end has a check valve to prevent backflow into the tee-shaped valve body. In other words, the check valve only allows flow leading out/away from the tee-shaped valve body. This appears to contradict the desired flow direction in claim 13, which has been amended to recite the descaling solution enter[ing] the second fitting end (line 22 of the claim). It is unclear how, per claim 13, the descaling solution would enter the second fitting end of the tee-shaped valve body when, per claim 18, the check valve prevents this direction of flow.
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, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Bath (GB2561764A) in view of Reck (U.S. 7,789,106).
Bath discloses a water heater valve for coupling to a water heater (in particular the embodiment shown in figures 11-13, with details of the valve member from figures 1-9b), comprising: a water heater (boiler 61 and conduit 65 forming a reservoir with the heating element inside 61); a descaling solution (66, which contains a solution used for descaling, see pg. 10, ll. 1-6 and as the claim does not recite a specific type of solution); a tee-shaped valve body (21, see the T-shape shown in figs. 8a-9b) having an elongated first fitting end (28) directly coupled to said water heater (directly coupled to 65 and 61), a second fitting end (31) coupled to said descaling solution, and a drain port (29), wherein said second fitting end is disposed approximately 90° from said elongated first fitting end and said drain port (fig. 8a), and said drain port is located approximately 180° from said elongated first fitting end (fig. 8a); a first valve member (47) with a flow diversion member (the ball) 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. 8a); 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. 8b); 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 (fig. 9b), said first valve member being configured to move said descaling solution through said second fitting end to said water heater while permitting drainage through said drain port (as all three ports are open, see fig. 9b, fig. 11, and pg. 9, ll. 19-29); 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 (fig. 9a);
Bath does not appear to disclose a second valve member with a flow diversion member 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.
Reck teaches it was known in the art to have a similar valve device with a second valve member that has a flow diversion member located between a first valve member and a similar second end (the end 90 degrees from each of the other ports, see second valve member 501 in fig. 5A1 located 90 degrees from each of the other two ends at 502 and 504, see also the first valve member at 520).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bath such that there is a second valve between the first valve and the second fitting end as taught by Reck in order to have an additional valve that can independently control the flow into and out of the second fitting end, especially to isolate the descaling device 66 of Bath if so desired, such as to disconnect the device while still allowing valve control of the other lines.
Reck additionally teaches it was known in the art to have a first fitting end that is longer than both the second fitting end and the drain port (see Fig. 5A1, notice the extension from 502 to 520 being longer than both the extension from 504 to 520 and also 506 to 520).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bath by having the elongated first fitting end longer than both the second fitting end and the drain port as taught by Reck in order to have a functionally equivalent device but has a longer first fitting end in order to install the device in a location that has less conduit to connect to the first fitting end and especially as it has been held that a change in size of a component generally involves only routine skill in the art. See MPEP2144.04.
Regarding claim 3, Bath as modified further discloses wherein said elongated first fitting end is configured to be directly coupled to a drain port of a water heater (as it is connected to 65 and 61).
Regarding claim 4, Bath as modified further discloses wherein said tee-shaped valve body is a unitary piece (21 is a single-piece component).
Regarding claim 5, Bath as modified further discloses wherein said first fitting end and said second fitting end are the same type of fitting (both are threaded).
Regarding claim 6, Bath as modified further discloses wherein said tee-shaped valve body is made from a material that includes brass (pg. 7, ll. 2).
Regarding claim 7, Bath as modified further discloses wherein said second valve member is a ball valve (the ball valve as taught by Reck).
Regarding claim 8, Bath discloses a T-ball valve assembly for use with descaling solution (in particular the embodiment shown in figures 11-13, with details of the valve member from figures 1-9b), comprising: a source of descaling solution (66, which contains a solution used for descaling, see pg. 10, ll. 1-6 and as the claim does not recite a specific type of solution); a tee-shaped valve body (21, see the T-shape shown in figs. 8a-9b) having an elongated first fitting end (28), a second fitting end (31) coupled to said source of descaling solution, and a drain port (29), wherein said second fitting end is disposed approximately 90° from said elongated first fitting end and said drain port (fig. 8a), and said drain port is located approximately 180° from said elongated first fitting end (fig. 8a); a T-ball valve member (47) with a flow diversion member (the ball) 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. 8a); 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. 8b); 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 (fig. 9b), said descaling solution enters through said second fitting end (as all three ports are open, see fig. 9b, fig. 11, and pg. 9, ll. 19-29); 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 (fig. 9a); and wherein said T-ball valve member has a handle (32).
Bath does not appear to disclose a second valve member with a flow diversion member 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; and wherein said T-ball valve handle is shorter than said elongated first fitting end.
Reck teaches it was known in the art to have a similar valve device with a second valve member that has a flow diversion member located between a first valve member and a similar second end (the end 90 degrees from each of the other ports, see second valve member 501 in fig. 5A1 located 90 degrees from each of the other two ends at 502 and 504, see also the first valve member at 520).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bath such that there is a second valve between the first valve and the second fitting end as taught by Reck in order to have an additional valve that can independently control the flow into and out of the second fitting end, especially to isolate the descaling device 66 of Bath if so desired, such as to disconnect the device while still allowing valve control of the other lines.
Reck additionally teaches it was known in the art to have a first fitting end that is longer than both the second fitting end and the drain port (see Fig. 5A1, notice the extension from 502 to 520 being longer than both the extension from 504 to 520 and also 506 to 520) and a handle that is shorter than the elongated first fitting end (best shown in Fig. 5A, see handle 511 compared to the length of the elongated first fitting end on the left).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bath by having the elongated first fitting end longer than both the second fitting end and the drain port (as well as the handle) as taught by Reck in order to have a functionally equivalent device but has a longer first fitting end in order to install the device in a location that has less conduit to connect to the first fitting end and especially as it has been held that a change in size of a component generally involves only routine skill in the art. See MPEP2144.04.
Regarding claim 10, Bath as modified further discloses wherein said elongated first fitting end is configured to be coupled directly to a drain port on a water heater (as it is connected to 65 and 61).
Regarding claim 11, Bath as modified further discloses wherein said tee-shaped valve body is a unitary piece (21 is a single component).
Regarding claim 12, Bath as modified discloses the claimed invention but does not appear to disclose including a union fitting coupled to said second fitting end.
However, Reck further teaches 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 Bath 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, II. 41-44).
Regarding claim 13, Bath discloses a piping assembly adjacent to a water heater (in particular the embodiment shown in figures 11-13, with details of the valve member from figures 1-9b), comprising: a source of descaling solution (66, which contains a solution used for descaling, see pg. 10, ll. 1-6 and as the claim does not recite a specific type of solution); a water heater (boiler 61 and conduit 65 forming a reservoir with the heating element inside 61); a tee-shaped valve body (21, see the T-shape shown in figs. 8a-9b) having an elongated first fitting end (28) directly coupled to said water heater (directly coupled to 65 and 61), a second fitting end (31) coupled to said source of descaling solution (figs. 11-13), and a drain port (29), wherein said second fitting end is disposed approximately 90° from said elongated first fitting end and said drain port (fig. 8a), and said drain port is located approximately 180° from said elongated first fitting end (fig. 8a); a T-ball valve member (47) with a flow diversion member (the ball) 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. 8a); 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. 8b); 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 (fig. 9b), said descaling solution enters said second fitting end (as all three ports are open, see fig. 9b, fig. 11, and pg. 9, ll. 19-29); 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 (fig. 9a).
Bath does not appear to disclose a second valve member with a flow diversion member located between said first T-ball 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.
Reck teaches it was known in the art to have a similar valve device with a second valve member that has a flow diversion member located between a first valve member and a similar second end (the end 90 degrees from each of the other ports, see second valve member 501 in fig. 5A1 located 90 degrees from each of the other two ends at 502 and 504, see also the first valve member at 520).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bath such that there is a second valve between the first valve and the second fitting end as taught by Reck in order to have an additional valve that can independently control the flow into and out of the second fitting end, especially to isolate the descaling device 66 of Bath if so desired, such as to disconnect the device while still allowing valve control of the other lines.
Reck additionally teaches it was known in the art to have a first fitting end that is longer than both the second fitting end and the drain port (see Fig. 5A1, notice the extension from 502 to 520 being longer than both the extension from 504 to 520 and also 506 to 520).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bath by having the elongated first fitting end longer than both the second fitting end and the drain port as taught by Reck in order to have a functionally equivalent device but has a longer first fitting end in order to install the device in a location that has less conduit to connect to the first fitting end and especially as it has been held that a change in size of a component generally involves only routine skill in the art. See MPEP2144.04.
Regarding claim 14, Bath as modified further discloses wherein said tee-shaped valve body is a unitary piece (21 is a single-piece component).
Regarding claim 15, Bath as modified further discloses wherein said tee-shaped valve body is made from a material including brass (pg. 7, ll. 2).
Regarding claim 16, Bath as modified further discloses wherein said first fitting end is directly coupled to the drain port of a storage tank of said water heater (as it is connected to 65 and 61).
Regarding claim 17, Bath as modified discloses the claimed invention but does not appear to disclose a separate union member with a union fitting coupled to said second fitting end.
However, Reck further teaches 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 Bath 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, II. 41-44).
Regarding claim 19, Bath as modified further discloses wherein said T-ball valve member has a handle (32) and wherein the length of said elongated first fitting end is longer than the length of said handle (the length of the first fitting end as taught by Reck that is shown to be longer than the second fitting end and the drain port, see also this length being longer than the handle 511 compared to the length of the elongated first fitting end on the left of Reck in fig. 5A).
Regarding claim 20, Bath as modified further discloses wherein said drain port includes external threading (38).
Claim(s) 2 and 9, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Bath in view of Reck 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, Bath 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 Bath 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.
Allowable Subject Matter
Claim 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: it is not seen to be obvious to one having ordinary skill in the art to further modify Bath such that there is a check valve insert to prevent backflow into the tee-shaped valve body located in the coupling member with union fitting coupled to the second fitting end. While check valves in couplings are known (see previously applied Cimberio et al. (U.S. 2008/0314466) in the Non-Final Rejection dated 4/15/2026), figures 11 and 12 of Bath show the desired operation with the descaling apparatus attached to the assembly. When assembled, flow through the multi-way valve is desired to be in numerous different directions, including toward the apparatus from the second fitting end (from 31 along 68 to 66 in fig. 11) and toward the second fitting end from the apparatus (from 66 along 68 to 31 in fig. 12). As such, the addition of a check valve at 31 would render Bath unsuitable for its intended use. Further, such a modification would need to be made to the already modifying reference to Reck which teaches the union fitting which is not seen to be obvious.
It is noted to the applicant that the basis of the allowability of claim 18 is dependent upon the resolution of the 112(b) rejection for claim 18 above and assuming proper support for any such amendment is found in the originally filed disclosure. Claim 18 is stated to be allowable under the assumption that the check valve prevents backflow from the second fitting end to the source of descaling solution.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-8, 10-17, and 19-20 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.
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.
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 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.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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
Prosecution Insights