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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
There are numerous elements which do not have corresponding numbers in the Specification, including but not limited to:
8e, 8b, 8c.
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. 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.
Specification
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
There are numerous elements which do not have corresponding numbers in the Specification, including but not limited to:
8e, 8b, 8c.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Claim Objections
Claims 1-16 are objected to because of the following informalities:
There are numerous minor informalities in the claims. A few are listed below. Appropriate correction is required.
Claims 11, 12, and 15 use the term “operator”, while claims 1, 2, and 4 use the term “user”. It is assumed these are the same. It is suggested the term be changed.
Claim 1 line 4 “the cold water” should state “cold water”.
Claim 1 line 4-5 “the hot water” should state “hot water”.
Claim 1 line 5 “the mixed water” should state “mixed water”.
Claim 2 line 3 “a user” should state “the user”.
Claim 5 line 7 “the same position” should state “a same position”.
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.
Claim limitations include: “shutter means” Claim 1; “first actuating means” Claim 1; “Second actuating means” claim 1.
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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nobili EP 2865929B1 (“Nobili”).
Regarding Claim 1, Nobili discloses an adjusting device for water-dispensing units, comprising: a valve body (ann. fig. 2) that extends along a longitudinal axis (X) and is provided with a first inlet (9) for the cold water (para 0059), with a second inlet (9b) for the hot water (para 0059) and with an outlet (8) for the mixed water (para 0059), shutter means (2) movable along said longitudinal axis (X) configured to control a flow of water from said first (9) and second (9b) inlets to said outlet (8)(para 0051), a mixing chamber (5b) suitable for receiving and mixing the water coming from said first inlet (9) and from said second inlet (9b) so as to supply an outgoing flow of water at a desired temperature (para 0020 and 0045), first actuating means (7c) operationally connected to said shutter means (2) and configured to arrange said shutter means (2) in an open position (fully open flow is illustrated in ann. fig. 2) and in a closed position (fully closure of flow is illustrated in fig. 3) to respectively enable/disable the transit of said flow of water towards said outlet (8), said first actuating means (7c) being further configured to arrange said shutter means (2) in an intermediate adjustable position between said total open position and said closed position to adjust an outgoing water flow rate (para 0020 and 0061), second actuating means (11) operationally connected to said mixing chamber (5b) and configured to adjust a temperature (para 0058) of said flow of water , a first control member (7 and 7b) para 0039, 0040, 0050, 0051) made of a single piece configured to couple with said first actuating means (7c) and configured to receive a manual action from a user to open, close dispensing of water and to adjust the flow rate (para 0051) of the outgoing water, wherein said first control member (7 and 7b) is translatable along said longitudinal axis (X) to open and close dispensing of water and is rotatable (para 0051) around said longitudinal axis (X) to vary the flow rate of the outgoing water (para 0051), a second control member (10, para 0058) coupling with said second actuating means (11) and configured to receive a manual action from said user to vary the temperature of said flow of water (0051), wherein said second control member (10) comprises a hollow body (see fig. 2) that surrounds at least partially said first control member (shaft 7b, second control member 10 surrounds the first control member shaft 7b, see ann. fig. 2 and fig. 3) and extends around said longitudinal axis (X), wherein said second control member (10) is rotatable around said longitudinal axis (X) to vary the temperature of said flow of water (para 0058), said second control member (10) being provided with an outer surface intended to be grasped by said user to rotate said second control member (para 0032).
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ANNOTATED FIGURES 2 AND 3
Regarding Claim 2, Nobili discloses said second control member (10) is configured as a sleeve body that defines a tubular dial intended to be handled by a user (para 0032).
Regarding Claim 3, Nobili discloses said first control member (7b) is at least partially inserted (see ann. fig. 2) along said longitudinal axis (X) into said second control member (10).
Regarding Claim 4, Nobili discloses said mixing chamber (5b) is rotatable (disk 400 in chamber 5b is rotatable, para 0058) with respect to said valve body (ann. fig. 2) around said longitudinal axis (X) together with said second actuating means (11) with a rotation action imposed by the user on said second control member (10).
Regarding Claim 5, Nobili discloses said second control member (10) comprises a coupling portion configured to connect (para 0032) to said second actuating means (11), and an engaging portion (teeth 55b, 10b, and recesses 66b, 11b, see para 0032) configured to engage with a portion of said valve body (para 0032), and wherein the engaging portion (teeth 55b, 10b, and recesses 66b, 11b, see para 0032) is housed in a circumferential seat zone of said valve body (formed on peripheral parts, para 0032) such that said second control member (10) always maintains in operation the same position (see ann. fig. 2 and fig. 3 for position of second control member 10) along said longitudinal axis (X), whatever the rotation imposed on said second control member (10).
Regarding Claim 6, Nobili discloses said second actuating means (11) comprise a movable part (11b) arranged for engaging (teeth 10b and 11b engage) with said second control member (10) and a fixed part (11b) that is rotatably fixed (teeth 11b and 66b engage) to said mixing chamber (5b), said movable part and said fixed part being reciprocally movable longitudinally but rotatably integral with one another (para 0032).
Regarding Claim 7, Nobili discloses said movable part of said second actuating means (11) comprise a further coupling portion shaped (teeth 10b and 11b act as a pen actuator) to couple slidingly with said coupling portion of said second control member (10) to permit reciprocal axial movement thereof (para 0032).
Regarding Claim 8, Nobili discloses said mixing chamber (5b) is provided with at least one transit opening (3d) arranged for reducing a flow of water coming from said first inlet (9) and/or from said second inlet (9b) on the basis of a relative position between said mixing chamber (5b) and said valve body to impose a desired temperature of said flow of outgoing water (para 0048 and 0049).
Regarding Claim 9, Nobili discloses said shutter means comprise a shutter element (2) which is movable and arranged for interacting with a diaphragm element (3a) to position said diaphragm element at a set height on said longitudinal axis (X) to impose a desired flow rate on said flow of outgoing water (para 0046-0048).
Regarding Claim 10, Nobili discloses said first actuating member (7c) comprises a magnetic interaction element (4) and said shutter means (2) comprise a further magnetic interaction element, said first actuating member (7c) and said shutter means (2) being connected magnetically (para 0020, 0022, 0030-0036).
Regarding Claim 11, Nobili discloses said first control member (7b) comprises a coupling surface (teeth on 7b, see fig. 1) configured to contact axially (teeth on 7c) said first actuating means (7c)(para 0055), and by an action of an operator to enable or prevent the transit of said flow of outgoing water (para 0056), and a further engaging portion (20) configured to engage slidably longitudinally (tab 77 passing through the threaded ring 20, para 0053-0054) with said first actuating means (7c), and by an action of an operator, to transmit a rotation to said first actuating means (7c) so as to adjust said outgoing flow rate (para 0053-0056).
Regarding Claim 12, Nobili discloses said first actuating means (7b) comprise a screw-nut mechanism (20) configured to convert a rotation caused by an operator on said first control member (7b) into a movement along said longitudinal axis of said shutter means (2) so as to vary said outgoing fluid flow rate (para 0053-0054).
Regarding Claim 13, Nobili discloses said first actuating means (7c) comprise a bistable positioning mechanism (para 0041 -0042) configured to project along said longitudinal axis (X) said first control member (7b) externally with respect to said second control member (10) in said open position (ann. fig. 2) of said shutter means (2) and to insert at least partially, said first control member (7b) into said second control member (11) in said closed position (fig. 3).
Regarding Claim 14, Nobili discloses in said closed position (fig. 3) said first control member (7b) is inserted completely (see fig. 3into said second control member (10), and wherein an upper surface of said first control member (7b) is flush with an upper edge of said second control member (10), so that said upper surface and said upper surface lie on the same plane (see fig. 3).
Regarding Claim 15, Nobili discloses in said open position (ann. fig. 2), said first control member (7b) protrudes outside said second control member (10), so as to make accessible a peripheral control surface (outer surface of second control member 10) of said first control member (7b) to an operator thus permitting the rotation of said first control member (7b) to adjust said outgoing flow rate.
Regarding Claim 16, Nobili discloses a housing chamber (7a) inserted into said valve body (ann. fig. 2) and shaped to contain at least partially said mixing chamber (5b), between said mixing chamber (5b) and said housing chamber a gap being arranged for being filled, in use, with water so that a manual action of the user on said second control member (10) to vary the temperature of the flow of water is damped by the friction between said mixing chamber and the water contained in said gap (para 0048 describes the easy displacement and the dimensions of the elements).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daphne Barry whose telephone number is (571)272-9966 and fax number is (571) 273-9966. The examiner can normally be reached on Monday through Friday 9 AM-6 PM (eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor either Kenneth Rinehart can be reached at (571) 272-4881 or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAPHNE M BARRY/Primary Examiner, Art Unit 3753