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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/17/2026 has been entered.
Response to Amendment
This action is responsive to the amendment and RCE dated 3/17/2026. The previous 112(b) rejections have been withdrawn due to applicant’s amendment. Claims 1-20 remain pending. This action is Non-Final.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 18 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The originally filed disclosure does not provide support for a separate union fitting (claim 17) that includes a check valve insert. Per the applicant’s original filed disclosure, the “separate” union fitting is described as element 30 per paragraph 26. Per paragraph 27, the check valve is element 40. As shown in figures 2-4, the separate union fitting 30 does not include the check valve 40. Rather, the check valve is located within coupling member 22.
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 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) for coupling to a water heater (intended use in the preamble which has not been given patentable weight), 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 to be directly coupled to a drain port of the water heater (see the length of the first fitting end from the ball 509 toward the left end at 502, further, the recitation of “to be directly coupled to a drain port of the water heater” is an intended use recitation that has not been given patentable weight, the first fitting end is capable of being directly coupled to a drain port of a water heater).
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, said first valve member being configured 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 “said first valve member being configured 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, said T-ball valve member configured 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 “said T-ball valve member configured 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 configured to be coupled directly to a drain port on 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 coupled directly 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, said T-ball valve member configured 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 “said T-ball valve member configured 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 separate 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, union connection 533 has a separate union nut 534).
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 separate 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 and 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 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 prevent 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 prevent backflow to a source of the descaling solution coupled to the second fitting end” is an intended use recitation).
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 3/17/2026 have been fully considered but they are not persuasive.
On page 9 of the response, the applicant argues that there is a structural requirement of the second fitting end to be configured to perform the function of permitting the introduction of descaling solution. However, it is noted this is an intended use recitation, the second fitting end of Reck is capable of handling any type of fluid. Applicant further argues that the drain port of Reck is not configured to accomplish draining descaling solution. It is noted this is also an intended use recitation. 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. The structure of the valve assembly of Reck as modified by Erhardt is the same as that claimed by the applicant.
On page 10, the applicant argues that claim 1 requires the elongated first fitting end to be directly coupled to the drain port of a water heater. The examiner respectfully disagrees as the amendment at the end of claim 1 merely requires the first fitting end “to be directly coupled to a drain port of the water heater” which is an intended use recitation and not seen to positively require the first fitting end to be connected/coupled to a port of a water heater. Especially as, per the preamble of claim 1, the claimed invention is directed to a valve.
Further on page 10, the applicant argues there is no disclosure that the check valve is in a separate union fitting as opposed to being positioned in the valve body. It is initially noted that the applicant’s originally filed disclosure does not appear to have a check valve in a separate union fitting (see the 112(a) rejection above). However, as described above in the rejection of claim 17, a different embodiment of Reck 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, union connection 533 has a separate union nut 534). Additionally, in Cimberio, paragraph 16 and claim 22 teach that the check valve is provided at an outlet and the second fitting end of Reck at 506 is also an outlet as shown in Fig. 5A2.
For at least the above reasons, applicant’s arguments have not been found persuasive.
Conclusion
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
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