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 .
Status of Claims
Claims 2, 5, 7-12 and 14 are original. Claims 3-4 have been cancelled. Claims 1, 6, 13 and 15 have been amended. Therefore, claims 1-2 and 5-15 are currently pending and have been considered below.
Information Disclosure Statement
The preliminary amendment filed on 11/11/2025 has been entered.
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 feature(s) canceled from the claim(s).
A first provision device (Claim 1)
A second provision device (Claim 1)
Jet (Claims 1 & 7-8, not “Jet Former”)
A feed of water from the first feed line or from the second feed line (Claims 1 & 6-9)
A conditionable water system (Claim 2)
Outlet area (Claim 5)
First Section (Claim 5)
Second Section (Claim 5)
First Part (Claim 5)
Second Part (Claim 5)
An opening for adding air to water (Claim 6)
Outlet area of the jet (Claim 7)
Emission Direction (Claim 8)
Adjusting element (Claims 9-11)
Opening (Claim 9-10)
Vane (Claim 10)
Third provision device (Claim 12)
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.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2). The examiner states that gray is a color.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are as follows:
“An adjusting element” in line 2 of claim 9. The limitation appears to include a generic placeholder “element” coupled with functional language “configured to close or to open the opening in dependence on a feed of water from the first feed line or from the second feed line” and the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
“A closure element” in line 5 of claim 10. The limitation appears to include a generic placeholder “element” coupled with functional language “opens or closes the opening” and the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
A review of the specification appears have corresponding structure described in the specification for 35 U.S.C. 112(f) limitation regarding “An adjusting element” in line 2 of claim 9, because para 24 of the applicant’s specification states “the adjusting element is in the form of a vane wheel.” The examiner will interpret this limitation as a vane wheel, or equivalent thereof.
A review of the specification appears have corresponding structure described in the specification for 35 U.S.C. 112(f) limitation regarding “A closure element” in line 5 of claim 10, because para 23 of the applicant’s specification states “a closure element which opens or closes the opening by virtue of cutouts” The examiner will interpret this limitation as an element with cutouts, or equivalent thereof.
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 1-2 and 5-15 are 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.
Claim 1 recites the limitation “the jet former is configured to change a form of the jet passively, without a user interaction,” in lines 12-13 of claim 1. The term “passive” or “passively” only appear to be recited in Para. 0004 and 0032 of the disclosure and the term a “user” appears to be only be recited in para. 0010-0011 and 0029 of the disclosure, but nowhere in the specification is “the jet former is configured to change a form of the jet passively, without a user interaction.” Therefore, the 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 had possession of the claimed invention at the time the application was filed and is therefore rejected under 35 U.S.C. 112(a).
Claim 1 also recites the limitation “wherein changing the form of the jet passively comprises directly actuating by the jet former the volume flows of the first feed line and the second feed line” in lines 14-16 of claim 1, and the only mention of “a direct actuation” appears to be in Para. 0032 of the application which recites “the design of the apparatus as a passive component without active control elements, which is actuated directly by volume flows of the feed lines, advantageously avoids further additional energy sources.” However, Para. 0032 does not describe “directly actuating by the jet former the volume flows of the first feed line and the second feed line” nor does the any other part of the applicant’s disclosure. Therefore, the 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 had possession of the claimed invention at the time the application was filed and is therefore rejected under 35 U.S.C. 112(a).
Claims 2 and 5-15 depend on claim 2, therefore claims 2, and 5-15 are also rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph.
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 1-2 and 5-15 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.
Regarding claim 1, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “passively” in line 13 of claim 1, and the claim also recites “without user interaction” in line 13 of claim 1, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 1 recites the limitation “wherein changing the form of the jet passively comprises directly actuating by the jet former the volume flows of the first feed line and the second feed line” in lines 14-16 of claim 1. Firstly, the limitation “the volume flows of the first feed line and the second feed line” lacks antecedent basis. Secondly it is unclear as to what does actuating the volume flow mean? Does it mean to change the flow of volume, start the flow of the volume, increase the change of the volume, or something else? Thirdly, it is unclear as to how the jet former actuate the volume flows.
Claim 1 recites the limitation "the jet" in line 9 of claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 2 and 5-15 depend on claim 2, therefore claims 2, and 5-15 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim 6 recites the limitation “a feed of water from the first feed line or from the second feed line” in lines 3-4 of claim 7, but claim 1 recites the limitation “a feed of water from the first feed line or from the second feed line” in lines 10-11 of claim 1. It is unclear if there are separate “feeds of water” or if these are the same “feed of water”.
Claims 9-11 depend on claim 6, therefore claims 9-11 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim 7 recites the limitation "the outlet area of the jet" in lines 2-3 of claim 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation “a feed of water from the first feed line or from the second feed line” in lines 3-4 of claim 7, but claim 1 recites the limitation “a feed of water from the first feed line or from the second feed line” in lines 10-11 of claim 1. It is unclear if there are separate “feeds of water” or if these are the same “feed of water”.
Claim 8 recites the limitation "the emission direction of the jet" in lines 2-3 of claim 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation “a feed of water from the first feed line or from the second feed line” in lines 3-4 of claim 8, but claim 1 recites the limitation “a feed of water from the first feed line or from the second feed line” in lines 10-11 of claim 1. It is unclear if there are separate “feeds of water” or if these are the same “feed of water”.
Claim 9 recites the limitation "the outlet area of the jet" in lines 2-3 of claim 7. There is insufficient antecedent basis for this limitation in the claim.
Claims 10 depends on claim 9, therefore claim 9 is also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim 15 recites the limitation “Method for dispensing water, the method comprising using an apparatus for dispensing water according to claim 1,” in lines 1-2 of claim 15, which merely recites a use without any active, positive steps delimiting how this use is actually practiced and is therefore rejected under 35 U.S.C. 112(b). Ex parte Erlich, 3 USPQ2d 1011 (Bd. Pat. App. & Inter. 1986). See MPEP § 2173.05(q).
The above are just examples of inconsistencies and problematic issues noted by the Examiner. Applicant is advised to carefully review and amend the application to correct other deficiencies. For the purpose of examination, the claims will be examined as best understood by the Examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim recites use but fails to recite steps under 35 U.S.C. 101 and 35 U.S.C. 112(b). "Use" claims that do not purport to claim a process, machine, manufacture, or composition of matter fail to comply with 35 U.S.C. 101. In re Moreton, 288 F.2d 708, 709, 129 USPQ 227, 228 (CCPA 1961)("one cannot claim a new use per se, because it is not among the categories of patentable inventions specified in 35 U.S.C. § 101 "). In Ex parte Dunki, 153 USPQ 678 (Bd. App. 1967), the Board held the following claim to be an improper definition of a process: "The use of a high carbon austenitic iron alloy having a proportion of free carbon as a vehicle brake part subject to stress by sliding friction." In Clinical Products Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966), the district court held the following claim was definite, but that it was not a proper process claim under 35 U.S.C. 101: "The use of a sustained release therapeutic agent in the body of ephedrine absorbed upon polystyrene sulfonic acid." See MPEP § 2173.05(q).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 5, 7-8, and 12-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dahan (US 12,343,690).
Regarding claim 1, Dahan discloses an apparatus (Fig. 1a, 1) for dispensing water, comprising
a jet former (Fig. 1a, 20 & 25) which is configured to form water to be dispensed (Col. 10: Ln. 13-17),
a first feed line (Fig. 1a, {21, 22} & Fig. 1b, 4; Col. 10: Ln. 8-12) for feeding water from a first provision device (Col. 4: Ln. 58-59 – “water main”) to the jet former,
a second feed line (Fig. 1a, 24 & Fig. 1b, 3; Col. 10: Ln. 2-8) for feeding water from a second provision device (Fig. 1a, {6-8, 30, 30’, 30’’, 32}) to the jet former,
wherein the jet former is configured to form the jet in dependence on a feed of water from the first feed line or from the second feed line (Col. 10: Ln. 13-17; Water from the first or second feed line is required to discharge water and form a jet, which is defined by Merriam-Webster dictionary as “a usually forceful stream of fluid (such as water or gas) discharged from a narrow opening or a nozzle,” where item 20 is the nozzle that discharges the water.).
characterized in that the jet former is configured to change a form of the jet passively, without a user interaction (Col. 10: Ln. 33-37; The first feed line and second feed line provide water to a portion of the jet former (20) which changes the form of the jet passively when passed through the mesh layers (124), mixing with air, and then discharged from the spout outlet (118), without a user interaction.),
wherein changing the form of the jet passively comprises directly actuating by the jet former the volume flows of the first feed line and the second feed line (Col. 10: Ln. 33-37; The changing of the jet form when passing through the mesh layers happens by directly actuating the volume flows of the first feed line and the second feed line with air.)
Furthermore, in addition to structural limitations, claim 1 is directed to a material or article worked upon by an apparatus. The materials or articles worked on are “the jet”, “a feed of water,” and “the volume flows of the first feed line and the second feed line”. The courts have held that "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935), In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967). MPEP § 2115.
Regarding claim 2, Dahan discloses the apparatus according to claim 1.
Dahn further discloses wherein the apparatus is configured to dispense water from a conditionable water system (Col. 7: Ln. 43-46).
Regarding claim 5, Dahan discloses the apparatus according to claim 1.
Dahan further discloses wherein the apparatus comprises an outlet area (Annotated Fig. 1b) through which the water is dispensed (Col. 10: Ln. 13-17); wherein the outlet area comprises a first section (Fig. 1b, 122 & 114) and a second section (Fig. 1b, 116), the first section covering a first part of the outlet area (Annotated Fig. 1b) and the second section covering a second part of the outlet area (Annotated Fig. 1b); and wherein the jet former is configured to pass at least a part of the water from the first feed line and at least a part of the water from the second feed line through the first section (Col. 10: Ln. 18-32).
Furthermore, in addition to structural limitations, claim 5 is directed to a material or article worked upon by an apparatus. The materials or article worked on are “at least a part of the water from the first feed line” and “at least a part of the water from the second feed line”. The courts have held that "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935), In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967). MPEP § 2115.
Annotated Figure(s)
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Regarding claim 7, Dahan discloses the apparatus according to claim 1.
Dahan further discloses wherein the jet former is configured in such a way that the outlet area of the jet is increased or reduced in dependence on a feed of water from the first feed line or from the second feed line (Col 10: Ln. 13-37; The outlet area of the jet changes as it exits the first feed line or the second feed line as it enters a part of the jet former (20) via the mixing chambers (114 & 122) and further changes as it passes through the mesh layers (124) and flows through the outlet (118) which in dependence on which feed line is utilized.)
Furthermore, in addition to structural limitations, claim 7 is directed to a material or article worked upon by an apparatus. The materials or articles worked on is “the outlet area of the jet”, and “a feed of water from the first feed line or from the second feed line”. The courts have held that "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935), In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967). MPEP § 2115.
Regarding claim 8, Dahan discloses the apparatus according to claim 1.
Dahan further discloses wherein the jet former is configured in such a way that the emission direction of the jet is changed in dependence on a feed of water from the first feed line or from the second feed line (Col 10: Ln. 13-37; The emission direction of the jet changes as it exits the first feed line or the second feed line as it enters a part of the jet former (20) via the mixing chambers (114 & 122) because the emission direction must change as it passes from the first feed line or the second feed line to mix in the mixing chambers and then pass through the mesh layers (124) flow through the outlet (118) which is shown as a central exit area, which in dependence on which feed line is utilized.).
Furthermore, in addition to structural limitations, claim 8 is directed to a material or article worked upon by an apparatus. The materials or article worked on are “the emission direction of the jet” and “a feed of water from the first feed line or from the second feed line”. The courts have held that "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935), In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967). MPEP § 2115.
Regarding claim 12, Dahan discloses the apparatus according to claim 1.
Dahan further discloses the apparatus comprising a third feed line (Fig. 1a, 22 & Fig. 1b, 2; Col. 9: Ln. 63-66) for feeding water from a third provision device (Fig. 1a, {9-11, 31, 31’, 31’’}), wherein the third feed line is configured to guide water past the jet former (Col. 9: Ln. 63-66; The feed line is capable of supplying a liquid such as water.).
Regarding claim 13, Dahan discloses the apparatus according to claim 12.
Dahan further discloses wherein the third feed line is guided at least substantially centrally through the jet former (Fig 1a-1b Shows the third feed line (Fig. 1a, 22 & Fig. 1b, 2) guided at least substantially centrally through the jet former (Fig. 1a, 20 & 25).).
Regarding claim 14, Dahan discloses the apparatus according to claim 1.
Dahan further discloses wherein the provision devices are configured to provide filtered water (Col. 7: Ln. 41-46).
Regarding claim 15, Dahan discloses the apparatus according to claim 1.
Dahan further discloses a method for dispensing water (Col. 10: Ln. 13-17), the method comprising using an apparatus for dispensing water according to claim 1.
Additionally with regards to method for dispensing water, under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02-I.
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.
Claim(s) 6 and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahan in view of Neoperl Gmbh (DE202011104072U), hereinafter ‘0472.
Regarding claim 6, Dahan discloses the apparatus according to claim 1.
Dahn further discloses wherein the jet former has an opening (Fig. 3-5, opening of 10) for adding air to the water to be dispensed (Col. 10: Ln. 35-37).
Dahan does not explicitly disclose wherein the jet former is configured in such a way that the opening is closed or opened in dependence on a feed of water from the first feed line or from the second feed.
However, ‘0472 teaches a prior art comparable jet former (Fig. 1-2, 1) has an opening (Fig. 3-5, opening of 10) for adding air to the water to be dispensed (Para. 0047 – “Since the water can essentially only pass through the flow holes 10 in the area of the rotor disk 9 through the aerator housing, the downstream jet breaker 4 receives the water flowing towards it only through the flow holes 10 of the rotating rotor disk 9. The jet separator 4 thus receives only one pulsed jet, dependent on the rotational speed of the rotor disk 9, and then accelerates it for further air enrichment and mixing.”), wherein the jet former is configured in such a way that the opening is closed or opened in dependence on a feed of water from the first feed line or from the second feed line (Para. 0047 – “The jet separator 4 thus receives only one pulsed jet, dependent on the rotational speed of the rotor disk 9, and then accelerates it for further air enrichment and mixing. The pulse frequency is defined by the rotational speed and by the number of flow holes 10 contained on the respective circular path of the rotor disk 9. This process creates a water jet that can be pulsed by briefly opening and closing the flow”).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (the jet former is configured in such a way that the opening is closed or opened in dependence on a feed of water from the first feed line or from the second feed.) as taught by ‘0472, into the apparatus disclosed by Dahan to save water and yielding the predictable result of discharging water out of the jet former (Para. 0009 & 0044).
Furthermore, in addition to structural limitations, claim 6 is directed to a material or article worked upon by an apparatus. The materials or articles worked on are “a feed of water from the first feed line or from the second feed line,” and “air”. The courts have held that "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935), In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967). MPEP § 2115.
Regarding claim 9, Dahan in view of ‘0472 discloses the apparatus according to claim 6.
However, ‘0472 further teaches wherein the jet former has an adjusting element (Fig. 3, 4 & 9) which is configured to close or to open an opening (Fig. 3-5, opening of 10; Para. 0047 – “The jet separator 4 thus receives only one pulsed jet, dependent on the rotational speed of the rotor disk 9, and then accelerates it for further air enrichment and mixing. The pulse frequency is defined by the rotational speed and by the number of flow holes 10 contained on the respective circular path of the rotor disk 9. This process creates a water jet that can be pulsed by briefly opening and closing the flow”) in dependence on a feed of water from a first feed line (Para. 0044; The first feed line is the spout nozzle.)
Regarding claim 10, Dahan in view of ‘0472 teaches the apparatus according to claim 9.
‘0472 further teaches wherein the adjusting element comprises a vane (Fig. 3-4; 10; Para. 46 – “all flow holes 10 have a longitudinal axis inclined to the axis of rotation, such that the water flowing through the inclined flow holes 10 exerts a rotational driving force on the rotor disk 9”) which is arranged in such a way that the vane moves the adjusting element (Para. 0047 – “The jet separator 4 thus receives only one pulsed jet, dependent on the rotational speed of the rotor disk 9, and then accelerates it for further air enrichment and mixing. The pulse frequency is defined by the rotational speed and by the number of flow holes 10 contained on the respective circular path of the rotor disk 9. This process creates a water jet that can be pulsed by briefly opening and closing the flow”) depending on the incident flow from the first feed line (Para. 0044; The first feed line is the spout nozzle.), with the result that a closure element (Fig. 3, 4) of the adjusting element opens or closes the opening.
Regarding claim 11, Dahan in view of ‘0472 teaches the apparatus according to claim 9.
‘0472 further teaches wherein the adjusting element is in the form of a vane wheel (Fig. 2 & 3 shows the adjusting element in the form of a vane wheel.).
Conclusion
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/ANDREW DOMENIC ONDREJCAK/Examiner, Art Unit 3752 January 20, 2026
/STEVEN M CERNOCH/Primary Examiner, Art Unit 3752