DETAILED ACTION
This detailed action is in response to the application filed on August 30, 2024, and any subsequent filings.
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the features canceled from the claims:
The mixing chamber receiving fluid from one or more fluid sources while being non-centric;
A head disposed in the mixing chamber as recited in Claim 6;
Gaps between the wall of the mixing chamber and the first and second passages as recited in Claim 7;
A thread on an inner surface of the second chamber as recited in Claim 12;
The different diameter portions and a shoulder as recited in Claim 16;
The second diameter less than the first diameter of the outer portions as recited in Claim 17; and,
Seals sealing the flow passage between the second outer portion and the first portion of the through passage as recited in Claim 19.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Specification
The disclosure is objected to because of the following informalities: the written description calls reference character “16” both a structure (Page 7 / Line 31 (“Pg/L”)) and an installation base (Pg7/L12).
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.
Claims 1-9 and 16-20 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.
Claim 1 recites a mixing chamber that is non-concentric but does not provide any point of reference from which the mixing chamber would be non-concentric. For purposes of examination, the limitation will be interpreted as requiring a mixing chamber.
Claim 1 recites a structural position of the non-concentric mixing chamber allowing for a linear volume change rate yet nothing in the claim, drawings, or written description provide for any clarity as to how a position can affect a volumetric rate.
Claim 2 recites a third chamber within the mixing chamber yet nothing in the claim, drawings, or written description provide for any clarity as to how the third chamber resides within the mixing chamber. For purposes of examination, the limitation will be interpreted as the third chamber is the mixing chamber.
Claim 6 recites a head yet nothing in the claim, drawings, or written description indicate what the term head references and the term is not present at all in the written description.
Claim 6 recites the head being non-concentric with the mixing chamber yet because the head itself cannot be ascertained any non-concentricity with respect to other structural members of the device cannot be ascertained.
Claim 6 recites a structure having first and second passages but does not identify what structure has such passages.
Claim 7 recites gaps between a wall of the cartridge body and first and second passages yet nothing in the drawings shows such gaps and the structure having first and second passages has not been identified.
Claim 8 recites a first and second passage having different diameters yet nothing in the drawings shows such diameter differences and the structure having first and second passages has not been identified. For purposes of examination, the limitation will be interpreted as a structure with two separate passage of any diameter.
Claim 16 recites a through passage in the faucet body having different diameters at different portions yet what constitutes those portions is not made clear by the claim, drawings, or specification.
Claim 19 recites multiple seals sealing the flow passage yet how a structure can constitute a flow passage while being sealed is not clear. For purposes of examination, the limitation will be interpreted as requiring a seal in the faucet.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-12, 14, 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinde, U.S. Publication No. 2021/0215270 (“Shinde”).
Applicant’s claims are directed towards a device.
Regarding Claims 1-3, 5-9, Shinde discloses a faucet comprising a faucet body having first and second ends (Figs. 2, 5, 11, item 18 (note upper and lower ends), Paragraph (“Pr”) 23) and a through passage extending therethrough (Figs. 2, 5, 11, item 36, Pr23); a faucet cap positioned at the first end of the faucet body and movable relative to the faucet body (Figs. 3, 4,11, item 32, Pr23); a cartridge having a cartridge body disposed in the through passage (Fig. 11, item 30, Pr23) and a cartridge cap connected to the faucet cap and movable relative to the cartridge body and faucet body (Fig. 11, item 92, Pr35), the cartridge body having a mixing chamber (Fig. 11, item 64, Pr27) that receives fluid from one or more fluid sources (Figs. 5, 6, items 22, 26, Pr23), the mixing chamber being non-concentric to allow for a linear volume change rate during rotation of the faucet cap (Fig. 11, item 64, Pr27; see also 112(b) analysis supra).
Regarding Claim 10-12, 14, and 15, Shinde discloses a faucet comprising a faucet body having first and second ends (Figs. 2, 5, 11, item 18 (note upper and lower ends), Pr23) and a through passage extending therethrough (Figs. 2, 5, 11, item 36, Pr23); a faucet cap positioned at the first end of the faucet body and movable relative to the faucet body in a radial and a longitudinal direction (Figs. 3, 4,11, item 32, Pr23); a cartridge having a cartridge body disposed in the through passage (Fig. 11, item 30, Pr23) and a cartridge cap connected to the faucet cap and movable relative to the cartridge body and faucet body in the longitudinal direction (Fig. 11, item 92, Pr35), the cartridge body having a first chamber and a second chamber (Fig. 11, items 64, 66 (upper portion of 66), Pr27,34); and a filter disposed in the second chamber and removably connected to the second chamber (Fig. 11 (note conical filter at base of left hand second vertical chamber)).
Additional Disclosures Included: Claim 2: wherein the cartridge body includes a first chamber, a second chamber parallel to the first chamber, and a third chamber in fluidic communication with the second chamber, the third chamber including the mixing chamber (Fig. 11 (note two parallel vertical chambers with left side having an upper chamber and lower mixing chamber 64; see also 112(b) analysis supra). Claim 3: a filter disposed in and removably connected to the second chamber, wherein the fluid flows from the mixing chamber and through the filter to filter out particulates from the fluid (Fig. 11 (note conical filter at base of left hand second vertical chamber)). Claim 5: a dampening mechanism disposed in the first chamber that provides for a timed release of fluid and a valve disposed in the second chamber, the valve being movable between a seated position preventing flow through the second chamber and an unseated position allowing flow through the second chamber (Fig. 11 (note spring in right hand vertical chamber with valve on top)). Claim 6: an installation base connected to the one or more fluid sources and including a head disposed in the mixing chamber and having first and second passages that direct fluid into the mixing chamber, wherein the head is non-concentric with the mixing chamber (Fig. 6, items 44, 46, 50, Pr24,27; see also 112(b) analysis supra). Claim 7: wherein the cartridge body is rotatable relative to the installation base, and wherein rotation of the cartridge body to a first side causes a gap between a wall of the mixing chamber and the first passage to increase, and rotation of the cartridge body to a second side causes a gap between the wall of the mixing chamber and the second passage to increase (Pr23-24; see also 112(b) analysis supra). Claim 8: wherein the first passage has a first diameter and the second passage has a second diameter less than the first passage (Fig. 6, items 44, 46, 50, Pr24,27; see also 112(b) analysis supra). Claim 9: wherein the faucet body is removably attached to the installation base by a fastener (Pr13,23 (note ability to assemble and disassemble)). Claim 11: wherein the filter has a first end, a second end, a through passage extending therethrough, and a screen disposed in the through passage (Fig. 11). Claim 12: wherein the filter includes threads on an outer surface that mate with corresponding threads on an inner surface of the second chamber to connect the filter to the second chamber (Fig. 11 (note threads around upper portion of conical filter)). Claim 14: wherein fluid enters the second chamber, flows through the filter to filter out particulates from the fluid, and exits the filter to an outlet in the second chamber (Fig. 11 (note outlet 100), Pr35). Claim 15: a valve disposed in the second chamber, the valve being movable between a seated position preventing flow through the second chamber and an unseated position allowing flow through the second chamber, and wherein the filter serves as a stop for the valve in the unseated position (Fig. 11, item 90, Pr35).
Claims 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knapp, Italian Publication No. ITTO20060319A1 (“Knapp”). A machine translation accompanies this detailed action and the claims are mapped to that translation and the drawings in the original document,.
Applicant’s claims are directed towards a device.
Regarding Claim 16-20, Knapp discloses a faucet comprising a faucet body having first and second ends and a through passage extending therethrough (Fig. 1, item 10, Pr34), the through passage having a first portion with a first diameter (Figs. 1, 2 (upper portion of through passage in body 10)) and a second portion with a second diameter greater than the first diameter (Figs. 1, 2 (lower portion of through passage in body 10)), wherein a shoulder is formed between the first and second portions (Figs. 1, 2, item 15, Pr35); a faucet cap positioned at the first end of the faucet body (Figs. 1, 2, item 31, Pr35); a cartridge having a cartridge body disposed in the through passage (Figs. 1, 2, item 30, Pr35) and a cartridge cap connected to the faucet cap (Figs. 1, 2, (note structure atop cartridge 30)), the cartridge body having first and second ends, a first outer portion near the first end, a second outer portion, a third outer portion, and a fourth outer portion near the second end, wherein a ledge is formed between the third and fourth outer portions (Figs. 1, 2), wherein the cartridge body is insertable into the through passage at the second end of the faucet body and the ledge abuts the shoulder to prevent movement of the cartridge body in a direction toward the first end of the faucet body (Figs. 1, 2, Pr35).
Additional Disclosures Included: Claim 17: wherein the first outer portion has a first diameter, the second outer portion has a second diameter, the third outer portion has a third diameter, and the fourth outer portion has a fourth diameter, wherein the first and third diameters are the same, the second diameter is less than the first diameter, and the fourth diameter is greater than the first diameter (Figs. 1, 2). Claim 18: wherein a first seal groove is formed between the first and second outer portions and a second seal groove is formed between the second and third outer portions, and wherein a seal is received in each groove (Figs. 1-3, Pr38,40). Claim 19: wherein a flow passage is formed between the second outer portion and the first portion of the through passage of the faucet body, and wherein the seals seal the flow passage (Figs. 1-3, Pr38,40,42 (see also 112(b) analysis supra). Claim 20: an installation base, the installation base configured to be disposed in the second portion of the through passage and having a ledge abutting the second end of the cartridge body (Figs. 1-3, item 20, Pr33).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shinde, U.S. Publication No. 2021/0215270 (“Shinde”) in view of Caceres, U.S. Publication No. 2020/0173410 (Caceres).
Applicant’s claim is directed towards a device..
Regarding Claims 4 and 13, Shinde discloses the faucet according to Claim 3 and Claim 12 except wherein the filter includes a keyway at an end for receiving a tool to tighten and loosen the filter.
Caceres also relates to a filter within a cartridge and discloses wherein the filter includes a keyway at an end for receiving a tool to tighten and loosen the filter (Fig. 6, item 340, Pr36).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the filter disclosed by Shinde with the keyway disclosed by Caceres because, according to Caceres, the keyway facilitates insertion, engagement, and disengagement of the filter within the cartridge body (Pr36) and allows the filter to be removed for cleaning (Pr46).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK ORME whose telephone number is (408)918-7585. The examiner can normally be reached Monday - Thursday, 7:30 am - 6:00 pm Pacific Time.
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/PATRICK ORME/Primary Examiner, Art Unit 1779
