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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/11/2025 was filed after the mailing date of the Application on 12/16/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1, 10, 12, 17, 23-24, 26 and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cobb et al. (US 10,640,393).
With regards to claim 1:
Cobb et al. discloses (refer to Fig. 1-3 below) a water diverter device (10; Fig. 1-2 below, and Col. 4, line 59-64) comprising:
an electrically operable valve assembly (the valve 25 and the plurality of valves 26, collectively; Fig 2 below; Col. 4, ln 59-64) in fluid communication with a cold water source (a cold water source coupled to the cold water line (5; Fig. 2 below; Col 4, ln 28-31; Col 5, ln 33-41) and a hot water source (a hot water source coupled to the hot water line 4; Fig. 2 below; Col. 4, ln 28-31; Col 5, ln 28-33);
a control module (27; Fig. 2 below; Col. 4, ln 59-64) electrically coupled to the electrically operable valve assembly (the valve 25 and the plurality of valves 26, collectively; Fig. 2 below; Col 4, ln 59-64);
a filtration system (20; Fig. 2 below; Col 5, ln 33-41) in fluid communication with the electrically operable valve assembly;
a user interface (40, illustrated in Fig. 3 below and coupled to the control module 27 shown in Fig. 2 and Fig. 3 below; Col. 4, ln 64 to Col. 5, ln 2) operably coupled to the control module (27; Fig. 2- 3 below; Col. 4, ln 59 to Col. 5, ln 9);
an unfiltered cold water path (the unfiltered cold water flow path from cold water line 5, through a top port of a first valve 26 -- the first valve 26 illustrated to the left of the filtration system 20 in Fig 2 below -- and to the cold water outlet port 12b, where the unfiltered cold water flow path is parallel to the filtration system 20 and the modules 13 that are downstream of the filtration system 20 in Fig. 2 below; Col. 4, ln 31-39; Col. 5, ln 33-38) defined by the electrically operable valve assembly (the valve 25 and the plurality of valves 26, collectively) from the cold water source (the cold water source coupled to the cold water line 5) to a water outlet (a water outlet of faucet 1 that is coupled to the hot water outlet port 12a and the cold water outlet port 12b; Fig. 1 below; Col. 4, ln 31-39; Col 5, ln 33-38);
a filtered cold water path (the filtered cold water flow path from cold water line 5, through a right side port of a first valve 26 - the first valve 26 illustrated to the left of the filtration system 20 in Fig. 2 below - through the filtered water module 20, through a top port of a second valve 26 -the second valve 26 immediately downstream of filtration system 20 - to the cold water outlet port 12b, the filtered cold water flow path including the branch downstream of 20 that does not flow through modules 13; Fig. 2 below; Col. 4, ln 31-39; Col 5, ln 18-25, 33-41) defined by the electrically operable valve assembly (the valve 25 and the plurality of valves 26, collectively) defined by the electrically operable valve assembly (the valve 25 and the plurality of valves 26, collectively) from the cold water source (the cold water source coupled to the cold water line 5) to the water outlet (the water outlet of faucet 1 that is coupled to the hot water outlet port 12a and the cold water outlet port 12b; Fig. 1 below; Col 4, ln 31-39; Col 5, ln 18-25, 33-41) via the filtration system (20; Fig. 2 below; Col 4, ln 31-39; Col 5, ln 18- 25, 33-41);
an unfiltered hot water path (the unfiltered hot water path from hot water line 4 through valve 25 and to hot water outlet port 12a; Fig. 2 below; Col 4, ln 31-36; Col 5, ln 28-33) from the hot water source (the hot water source coupled to the hot water line 4) to the water outlet (the water outlet of faucet 1 that is coupled to the hot water outlet port 12a and the cold water outlet port 12b; Fig. 1 below; Col 4, ln 31-36; Col 5, ln 28-33);
wherein, a normal position (a position where the valve 25 is open and the first valve 26 -- illustrated to the left of the filtration system 20 in Fig. 2 below -- is open through its top port and closed to the filtration system 20; Fig. 2 below; Col-4, ln 60-64; Col 5, ln 28-41) of the valve assembly (the valve 25 and the plurality of valves 26, collectively) allows cold water (cold water from cold water line 5; Fig.2 below; Col 4, ln 28-31) and hot water (hot water from hot water line 4; Fig. 2 below; Col 4, ln 28-31) to flow to the water outlet (the water outlet of faucet 1 that is coupled to the hot water outlet port 12a and the cold water outlet port 12b; Fig.1 below) via the unfiltered cold water path (the unfiltered cold water flow path from cold water line 5, through a top port of the first valve 26 - the first valve 26 illustrated to the left of the filtration system 20 in Fig. 2 below -and to the cold water outlet port 12b) and the unfiltered hot water path (the unfiltered hot water path from hot water line 4 through valve 25 and to hot water outlet port 12a; Fig. 2 below; Col 4, ln 31-36, 60-64; Col 5, ln 28-41); and
wherein, the control module (27) utilizes input from the user interface (40; Fig. 3 below; Col 4, ln 64 to Col 5, ln 6) to change the position of the valve assembly (the valve 25 and the plurality of valves 26, collectively) to a filtered position (a position where the first valve 26 - illustrated to the left of the filtration system 20 in Fig. 2 below -- is closed through its top port and open to the filtration system 20, and the second valve 26 -- the second valve 26 immediately downstream of filtration system 20 -- is open through its top port, and a third valve 26 immediately upstream of the instant hot water heater module 24 is open; Fig. 2 below; Col 4, ln 60-64; Col 5, ln 28-41; Col 6, ln 57-67) to stop the flow of cold water (cold water from cold water line 5) and hot water (hot water from hot water line 4) via the unfiltered cold water path (the unfiltered cold water flow path from cold water line 5, through a top port of the first valve 26 -- the first valve 26 illustrated to the left of the filtration system 20 in Fig. 2 below -- and to the cold water outlet port 12b) and the unfiltered hot water path (the unfiltered hot water path from hot water line 4 through valve 25 and to hot water outlet port 12a), and allow filtered cold water (filtered cold water from an outlet of filtration system 20; Fig. 2 below; Col 4, ln 60-64; Col 5, ln 28-41; Col 6, ln 57-67) to flow to the water outlet (the water outlet of faucet 1 that is coupled to the hot water outlet port 12a and the cold water outlet port 12b; Fig. 1 below) via the filtered cold water path (the filtered cold water flow path from cold water line 5, through a right side port of a first valve 26 -- the first valve 26 illustrated to the left of the filtration system 20 in Fig. 2 below -through the filtered water module 20, through a top port of a second valve 26 -- the second valve 26 immediately downstream of filtration system 20 -- to the cold water outlet port 12b; Fig. 2 below; Col 4, ln 31-36, 60-64; Col 5, ln 28-41; Col 6, ln 57-67).
PNG
media_image1.png
1089
1259
media_image1.png
Greyscale
Fig. 1
PNG
media_image2.png
1047
1248
media_image2.png
Greyscale
Fig. 2
PNG
media_image3.png
1333
1283
media_image3.png
Greyscale
Fig. 3
With regards to claim 10:
Cobb et al. discloses the water diverter device of claim 1, wherein the control module (27) includes a capacitive sensing module (an implied portion of the control module 27 that receives and interprets input from the capacitor control panel 40; Fig. 3 above; Col 4, ln. 59 to Col 5, ln. 9).
With regards to claim 12:
Cobb et al. discloses the water diverter device of claim 1, wherein the user interface (40) includes a wireless transmitter (a transmitter of 40 that communicates with the control module 27 wirelessly in an embodiment; Fig 2, 3 above; Col 4, ln 59 to Col 5, ln 9) in communication with the control module (27; Fig 2, 3 above; Col 4, ln 59 to Col 5, ln 9).
With regards to claim 17:
Cobb et al. discloses a water diverter device (the device illustrated generally in Fig. 1 above; Col 4, ln 26-31) comprising:
an electrically operable valve assembly (10, including the electrically operated valve 25 and the plurality of electrically operated valves 26; Fig. 2 above; Col 4, ln 26-31, 59-64) including a cold water inlet (5; Fig 1-2 above; Col 4, ln 28-31; Col 5, ln 33-41) in fluid communication with a cold water source (a cold water source coupled to the cold water line 5; Fig 1-2 above; Col 4, ln 28-31; Col 5, ln 33-41), a hot water inlet (4; Fig 1-1; Col 4, ln 28-31; Col 5, ln 28-33) in fluid communication with a hot water source (a hot water source coupled to the hot water line 4; Fig 1-2; Col 4, ln 28-31; Col 5, ln 28-33), and a filtered water inlet (the conduit from a first valve 26 - illustrated to the left of the filtration system 20 in Fig. 2 above -to the filtration system 20 for inputting water into the filtration system 20; Fig. 2 above);
a filtration system (20; Fig. 2 above; Col 5, ln 33-41) in fluid communication with the filtered water inlet (the conduit from the first valve 26 -illustrated to the left of the filtration system 20 in Fig. 2 above -- to the filtration system 20) of the electrically operable valve assembly (10; Fig. 2 above; Col 5, ln 33-41); and
wherein the electrically operable valve assembly includes a first mode (a first mode where the valve 25 is open and a first valve 26 -illustrated to the left of the filtration system 20 in Fig 2 above - is open through its top port and closed to the filtration system 20; Fig. 2 above; Col 4, ln 60-64; Col 5, ln 28-41) and a second mode (a second mode where the first valve 26 -- illustrated to the left of the filtration system 20 in Fig 2 above -- is closed through its top port and open to the filtration system 20, and the second valve 26 -- the second valve 26 immediately downstream of filtration system 20 - is open through its top port, and a third valve 26 immediately upstream of the instant hot water heater module 24 is open; Fig. 2 above; Col 4, ln 60-64; Col 5, ln 28-41; Col 6, ln 57-67), the cold water inlet (4) and the hot water inlet (5) in fluid communication with a water outlet (the water outlet of faucet 1 that is coupled to the hot water outlet port 12a and the cold water outlet port 12b; Fig. 1 above; Col 4, ln 60-64; Col 5, ln 28-41) in the first mode (the first mode where the valve 25 is open and a first valve 26 -- illustrated to the left of the filtration system 20 in Fig. 2 above -- is open through its top port and closed to the filtration system 20; Fig. 2 above; Col 4, ln 60-64; Col 5, ln 28-41), and the filtered water inlet (the conduit from the first valve 26 -- illustrated to the left-of the filtration system 20 in Fig. 2 above - to the filtration system 20) in fluid communication with the water outlet (the water outlet of faucet 1 that is coupled to the hot water outlet port 12a and the cold water outlet port 12b; Fig. 1 above) in the second mode (the second mode where the first valve 26 -- illustrated to the left of the filtration system 20 in Fig 3 - is closed through its top·port and open to the filtration system 20, and the second valve 26 -- the second valve 26 immediately downstream of filtration system 20 - is open through its top port, and a third valve 26 immediately upstream of the instant hot water heater module 24 is open; Fig. 2 above; Col 4, ln 60-64; Col 5, ln 28-41; Col 6, ln 57-67).
With regards to claim 23:
Cobb et al. discloses a water diverter device of claim 17, further comprising a control module (27; Fig 2-3 above; Col 4, ln 59 -64) in electrical communication with the electrically operable valve assembly (the control module 27 in communication with the valve 25 and the plurality of valves 26 of the assembly 10; Fig 2 and 3 above; Col 4, ln 59-64).
With regards to claim 24:
Cobb et al. discloses a water diverter device of claim 23, wherein the control module (27) includes a capacitive sensing module (an implied portion of the control module 27 that receives and interprets input from the capacitor control panel 40; Fig 3 above; Col 4, ln 59 to Col 5, ln 9).
With regards to claim 26:
Cobb et al. discloses a water diverter device of claim 23, further comprising a user interface including a wireless transmitter (40, illustrated in Fig. 3 above and coupled to the control module 27 shown in Fig 2 and Fig 3 above; Col 4, ln 64 to Col 5, ln 2) in communication with the control module (27; Fig 2-3 above; Col 4, ln 59 to Col 5, ln 9).
With regards to claim 29:
Cobb et al. discloses (refer to Fig. 1-2 above) a water diverter device comprising:
a main electrically operable valve (26, left) including an inlet and an outlet;
a filter electrically operable valve (26, right) including an inlet and an outlet, the outlet of the filter electrically operable valve fluidly coupled to the inlet of the main electrically operable valve (26, left);
a filtration system (20) including an inlet and an outlet, the inlet of the filtration system fluidly coupled to a cold water source (5), and the outlet of filtration system fluidly coupled to the inlet of the filter electrically operable valve (26, right);
a controller (27) operably coupled to the main electrically operable valve and the filter electrically operable valve;
a capacitive sensor operably coupled to the controller; and
wherein the controller defines a first mode and a second mode, the main electrically operable valve open and the filter electrically operable valve closed in the first mode, and the main electrically operable valve closed and the filter electrically operable valve open in the second mode (see rejected claim 1 above).
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cobb et al..
With regards to claim 15:
Cobb et al. discloses the water diverter device of claim 1, wherein the filtration system (20) includes a water filter (a water filter of the filtration system 20; Fig 2 above; Col 5, ln 42-51), but Cobb et al. fails to disclose, that the control module (27) is configured to track life of the water filter.
However, Cobb et al. discloses, in the embodiment of Fig 8A-8B, a filter (70; Fig 8A-8B;,Col 7, In 59 to col 8, ln 1) and a control (unmarked in Fig 8A; Col 8, ln 1-5, 19-22) that displays a state of useful life remaining for the water filter (70; Fig 8A; col 8, ln 19-22).
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 water diverter device of Cobb et al. to be configured to track life of the water filter as taught in Fig. 8A-B and Col. 7-8 in order to alert a user to perform maintenance on the device.
Claim(s) 2-3, 13, 18-19 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cobb et al., as applied to claims 1, 12, 17, 26 and 29 above, and further in view of Schuster (US 2020/0048109).
With regards to claims 2 and 18:
Cobb et al. discloses the water diverter device of claims 1 and 17, herein the electrically operable valve assembly includes:
an unfiltered cold water valve (a first valve 26 illustrated to the left of the filtration system 20 in Fig .2 above; Col 5, ln 33-41) in fluid communication with the cold water source (the cold water source coupled to the cold water line 5; Fig 1-2 above; Col 4, ln 28-31; Col 5, ln 33-41) to define the unfiltered cold water path (the unfiltered cold water flow path from cold water line 5, through a top port of the first valve 26 - the first valve 26 illustrated to the left of the filtration system 20 in Fig 2 above -- and to the cold water outlet port 12b; Fig. 2 above; Col 4, ln 31-39; Col 5, ln 33-38);
a filtered cold water valve (a second valve 26, immediately downstream of filtration system 20; Fig 3; col 5, In 18-25, 33-41) in fluid communication with the cold water source (the cold water source coupled to the cold water fine 5, via the filtration system 20 and first valve 26 illustrated to the left of filtration system 20; Fig 3; col 5, In 18-25, 33-41) to define the filtered cold water path (the filtered cold water flow path from cold water line 5, through a right side port of a first valve 26 - the first valve 26 illustrated to the left of the filtration system 20 in Fig 3 -- through the filtered water module 20, through a top port of a second valve 26 - the second valve 26 immediately downstream of filtration system 20 -- to the cold water outlet port 12b; Fig 3; col 4, In 31-39; col 5, In 18-25, 33-41 ); and
an unfiltered hot water valve (25; Fig 2 above; Col 5, ln 28-33) in fluid communication with the hot water source (the hot water source coupled to the hot water line 4; Fig 1-2 above; Col 4, ln 28-31; Col 5, ln 28-33) to define the unfiltered hot water path (the unfiltered hot water path from hot water line 4 through valve 25 and to hot water outlet port 12a; Fig 5 above; Col 4, ln 31-36; Col 5, ln 28-33), and in a normally open position (valve 25 is a normally open solenoid valve 25; Fig 2 above; Col 5, ln 28-33),
but Cobb et al. fails to disclose:
the unfiltered cold water valve in a normally open position; and
the filtered cold water valve in a normally closed position.
However, it is noted that Cobb et al. discloses each of the unfiltered cold water valve (the first valve 26 illustrated to the left of the filtration system 20 in Fig. 2 above) and the filtered cold water valve (the second valve 26, immediately downstream of filtration system 20) as 1-inlet, 2- outlet diverter solenoid valves (first valve 26 and second valve 26; Fig 2 above; Col 5, ln 23-25).
Schuster discloses (refer to Fig. 4 below), a system (200; Fig 3C; para [0033]) including a hot water source (a hot water source coupled to hot water line 109 of Fig 3C, the hot water line 109 described in the text with respect to the embodiment of Fig 2A; para [0016], [0033]), a cold water source (a cold water source coupled to cold water line 106; Fig 3C; para [0033]), an unfiltered cold water solenoid valve (212; Fig 3C; para [0033]), a filtered cold water solenoid valve (412; Fig 3C; para [0033]) in fluid communication with a filtration system (203; Fig 3C; para [00331), where the unfiltered cold water solenoid valve (212) is a normally open solenoid valve (212; Fig 3C; para [0034]) and where the filtered cold water solenoid valve (412) is a normally closed solenoid valve (412; Fig 3C; para [00341), and Schuster further discloses, in the embodiment of Fig 3D, both of the unfiltered cold water solenoid valve (212) and the filtered cold water solenoid valve (412) immediately downstream of a cold water supply line tee (218; Fig 3D; para [0036]).
PNG
media_image4.png
1107
1022
media_image4.png
Greyscale
Fig. 4
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 diverter device of Cobb et al. to have the unfiltered cold water valve in a normally open position; and the filtered cold water valve in a normally closed position as taught by Schuster in order to provide a desired default flow path for water without energizing a valve.
With regards to claim 18:
Cobb et al., as modified, discloses the water diverter device of claim 17, wherein the electrically operable valve assembly includes:
an unfiltered cold water valve in fluid communication with a cold water inlet to define the unfiltered cold water path, and in a normally open position;
a filtered cold water valve in fluid communication with a cold water inlet to define the filtered cold water path, and in a normally closed position; and
an unfiltered hot water valve in fluid communication with a hot water inlet to define the unfiltered hot water path, and in a normally open position.
With regards to claim 3:
Cobb et al., as modified, discloses the water diverter device of claim 2, wherein each of the unfiltered cold water valve (Schuster; 212), the filtered cold water valve (Schuster; 412), and the unfiltered hot water valve (Cobb et al.; 25) comprise a solenoid valve (Cobb et al. -- unfiltered hot water valve 25 is a solenoid valve 25; Fig 3 of Whirlpool; Col 5, ln 27-33); Schuster -- the unfiltered cold water valve 212 and the filtered cold water valve 412 are each solenoid valves 212,412; (Fig 3C of Schuster; para [0033]-(0034]).
With regards to claim 19:
Cobb et al., as modified, discloses the water diverter device of claim 18, wherein each of the unfiltered cold water valve, the filtered cold water valve, and the unfiltered hot water valve comprise a solenoid valve (see rejected claim 3 above).
With regards to claims 13 and 27:
Cobb et al. discloses the water diverter device of claims 12 and 26, but fails to disclose wherein the user interface includes a housing supporting a push button operably coupled to the wireless transmitter.
Schuster discloses (refer to Fig. 5 below), a system (200; Fig 8A; para [0062]) including a housing (a housing of sensor 230a; Fig 8A; para [0062]) supporting a push button (803; Fig 8A; para [0062]) operably coupled to a wireless transmitter (an implied wireless transmitter connected to the push button 803 that communicates by wireless connection 806 with control module 227; Fig 8A; para (0062]) coupled to a control module (227; Fig BA; para [0062]) that connects to a solenoid valve (212; Fig 8A; para [0061]-[0062]).
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 diverter device of Cobb et al. to have the user interface includes a housing supporting a push button operably coupled to the wireless transmitter as disclosed by Schuster in order to provide a desired user interface for manual control of electrical components of the device.
PNG
media_image5.png
1094
1017
media_image5.png
Greyscale
Fig. 5
Cobb et al., as modified, discloses the water diverter device of claims 13 and 27.
Claim(s) 7, 20 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cobb et al., as applied to claims 1 and 17 above, and further in view of Campbell et al. (US 8,479,771).
With regards to claim 7:
Cobb et al. discloses the water diverter device of claim 1 and 17, but fails to expressly disclose wherein the electrically operable valve assembly includes a rotary diverter valve.
However, Cobb et al. discloses a cold water valve (the first valve 26 illustrated to the left of the filtration system 20 in Fig. 2 above; Col 5, ln 23-25, 33-38) as a 1-inlet, 2-outlet diverter solenoid valve (the first valve 26; Fig. 2 above; Col 5, ln 23-25, 33-38).
Campbell et al. discloses a rotary diverter valve (50, including a rotary diverter structure 90 mounted on rotational shaft 80, such that in a first orientation of Fig 3 water flows between port 70 and port 74 while port 72 is closed by diverter structure 90, and in a second orientation of Fig 6A-6B, water flows between port 70 and port 72 while the port 74 is closed by diverter structure 90; Fig 1, 3, 6A-6B; Col 1, ln 58 to Col 2, ln 3, 48-50; Col 3, ln 11-15, 36-39, 47-53).
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 diverter device of Cobb et al. to use a rotary diverter valve as disclosed by Campbell as an alternative design for the diverter valve in order to suitably divert flow between conduits of the device.
With regards to claim 20:
Cobb et al., as modified, discloses the water diverter device of claim 17, wherein the electrically operable valve assembly includes a rotary diverter valve.
With regards to claim 34:
Cobb et al., as modified, discloses the water diverter device of claim 29, wherein each of the unfiltered cold water valve, the filtered cold water valve, and the unfiltered hot water valve comprise a solenoid valve (see rejected claim 3 above).
Claim(s) 8 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cobb et al., as applied to claims 1 and 17 above, and further in view of Morris (US 5,057,214).
With regards to claim 8:
Cobb et al. discloses the water diverter device of claim 1 and 17, but fails to expressly disclose wherein the electrically operable valve assembly includes a linear diverter valve.
However, Cobb et al. discloses a cold water valve (the first valve 26 illustrated to the left of the filtration system 20 in Fig. 2 above; Col 5, ln 23-25, 33-38) as a 1-inlet, 2-outlet diverter solenoid valve (the first valve 26; Fig. 2 above; Col 5, ln 23-25, 33-38).
Morris discloses a linear diverter valve (10, that actuates between the position of Fig 2 to the position of Fig 3 to selectively divert a flow of hot water from inlet 42 to a hot water outlet 72 to a faucet and/or cold water from inlet 52 to cold water outlet 56 and filtered cold water inlet 62 to filtered cold waler outlet 78 to a faucet; Fig 1-3; Col 2, ln 14-19, 49-51, ln 64-66, 68 to Col 3, ln 4, 8-15, 23-25).
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 diverter device of Cobb et al. to use linear diverter valve as disclosed by Morris as an alternative design for the diverter valve in order to suitably divert flow between conduits of the device.
With regards to claim 21:
Cobb et al., as modified, discloses the water diverter device of claim 17, wherein the electrically operable valve assembly includes a linear diverter valve.
Claim(s) 9 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cobb et al., as applied to claims 1 and 17 above, and further in view of Mitsis (US 7,303,666).
With regards to claim 9:
Cobb et al. discloses the water diverter device of claim 1 and 17, but fails to disclose the device further comprising an ultraviolet module positioned downstream of the electrically operable valve assembly.
Mitsis discloses a system (the system of Fig 2A, including a modification of the system of Fig 1, the system of Fig 2A including the same reference numerals for like components as in the system of Fig 1; col 2, In 30-37) including an ultraviolet module (21; Fig 2A; col 2, In 37-42) positioned downstream of the electrically operable valve assembly (11, described with respect to the embodiment of Fig 1 as an electrically operated valve in at least one embodiment; Fig 2A; col 1, In 36-41).
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 diverter device of Cobb et al. to use an ultraviolet module positioned downstream of the electrically operable valve assembly as taught by Mitsis in order to suitably provide a desired sterilization of a flow of water to assist in purifying the water.
With regards to claim 22:
Cobb et al., as modified, discloses the water diverter device of claim 17, further comprising an ultraviolet module positioned downstream of the electrically operable valve assembly.
Claim(s) 11, 25, and 30-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cobb et al., as applied to claims 1, 23 and 29 above, and further in view of Veros et al. (US 2020/0299941).
With regards to claim 11:
Cobb et al. discloses the water diverter device of claim 1 and 23, but fails to disclose wherein the control module includes a voice recognition module.
Veros et al. discloses (refer to Fig. 6 below) a device (10; Fig 1; para [0025]) including a solenoid valve (22; Fig 1; para [0025]) coupled to a control module (200, 252 collectively; Fig 1; para [0038], [0054]), the control module (200, 252 collectively) including a voice recognition module (252; Fig 1; para [0054]) to control the valve (22).
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 diverter device of Cobb et al. to have the control module includes a voice recognition module as disclosed by Veros et al. in order to promote hands-free operation of the device.
With regards to claim 25:
Cobb et al., as modified, discloses the water diverter device of claim 23, wherein the control module includes a voice recognition module.
With regards to claim 30:
Cobb et al. discloses (refer to Fig. 3 above) the water diverter device of claim 29, but fails to disclose an electrode operably coupled to the controller (27) for receiving input from a user.
Veros et al. discloses (refer to Fig. 6 below) the device including an electrode (25) operably coupled to the controller (24) for receiving input from a user.
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 diverter device of Cobb et al. to have an electrode operably coupled to the controller (27) for receiving input from a user as disclosed by Veros et al. in order to promote remote control operation of the controller.
With regards to claim 31:
Cobb et al., as modified, discloses the water diverter device of claim 30, wherein the electrode is defined by a faucet component (12).
With regards to claim 32:
Cobb et al., as modified, discloses (refer to Fig. 6 bellow) the water diverter device of claim 31, wherein the faucet component comprises a faucet hub (15) supporting a delivery spout.
PNG
media_image6.png
1268
990
media_image6.png
Greyscale
Fig. 6
With regards to claim 33:
Cobb et al., as modified, discloses (Veros et al.; [0028]-[0029]) the water diverter device of claim 30, wherein a single touch on the faucet component causes the controller to operate in the first mode, and a double touch on the faucet component causes the controller to operate in the second mode (this can be configured/derived according to features disclosed in the paragraph [0028]-[0029]).
Claim(s) 14, 28 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cobb et al., as applied to claims 1, 17 and 29 above, and further in view of Rosko et al. (US 7,753,074).
With regards to claim 14:
Cobb et al. discloses the water diverter device of claim 1 and 17, but fails to expressly disclose the device further comprising a mixing valve positioned intermediate the electrically operable valve assembly and the water outlet.
However, Cobb et al. discloses a faucet body (a body of faucet 1 downstream of the hot water outlet port 12a and the cold water outlet port 12b; Fig. 1 above; Col 4, In 31-39) intermediate the electrically operable valve assembly (the valve 25 and the plurality of valves 26, collectively; Fig 2 above; Col 4, ln 59-64) and the water outlet (the water outlet of faucet 1; Fig 1 above; Col 4, ln 31-39; Col 5, ln 33-38).
Rosko et al. discloses (refer to Fig. 7 below) a device (10; Fig. 1; Col 5, In 1-3) including a mixing valve (24; Fig 1; Col 1, ln 6-8; Col 5, ln 3-8) intermediate water supply conduits (20 and 22; Fig 1; Col 5, ln 1-3, 5-8) and a water outlet (an outlet of aerator 18; Fig 1; col 5, ln 3-5).
PNG
media_image7.png
986
948
media_image7.png
Greyscale
Fig. 7
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 diverter device of Cobb et al. to have a mixing valve positioned intermediate the electrically operable valve assembly and the water outlet as disclosed by Rosko et al. in order for a user to more easily control a proportion of hot and cold water.
With regards to claim 28:
Cobb et al., as modified, discloses the water diverter device of claim 17, further comprising a mixing valve positioned intermediate the electrically operable valve assembly and the water outlet.
With regards to claim 35:
Cobb et al., as modified, discloses the water diverter device of claim 29, further comprising a faucet defining a water outlet, and a mixing valve positioned intermediate the main electrically operable valve and the water outlet.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cobb et al., as applied to claim 15 above, and further in view of Butts et al. (US 4,918,426).
With regards to claim 16:
Cobb et al. discloses the water diverter device of claim 15, but fails to disclose the device further comprising a flow meter operably coupled to the control module and configured to detect the flow of water passing through the water filter, the control module configured to track life of the water filter based upon input from the flow meter.
Butts et al. discloses a device (10; Fig 1; Col 4, ln 9-11) including a filter (12; Fig 1; col 4, In 14-17), a flow meter (transducer 16 of the apparatus 19, also described in the text as "flow meter 19", the transducer 16 monitoring a pressure difference of flow between passages 14 and 15; Fig 1; Col 4, ln 26-34, 42-45, 53-58) operably coupled to a control module (20; Fig 1-2; Col 4, In 26-36) and configured to detect a flow of water (water from inlet tube 23; Fig 1; col 4, In 26-36) passing through the water filter (12; Fig 1; Col 4, ln 26-36), the control module (20) configured to track life of the water filter (12) based upon input from the flow meter (the transducer 16 of the apparatus 19; Fig 1-2; col 4, ln 34-41).
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 diverter device of Cobb et al. to include a flow meter operably coupled to the control module and configured to detect the flow of water passing through the water filter, the control module configured to track life of the water filter based upon input from the flow meter as disclosed by Butts et al. in order to suitably indicate to a user when to perform maintenance on the device.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cobb et al. and Schuster, as applied to claim 2 above, and further in view of Mitsis (US 7,303,666).
With regards to claim 6:
Cobb et al., as modified, discloses the water diverter device of claim 2 (see rejected claim 2 above), but fails to disclose the device further comprising a remineralizer fluidly coupled downstream from the filtration system.
Mitsis discloses a system (the system of Fig 2A, including a modification of the system of Fig 1, the system of Fig 2A including the same reference numerals for like components as in the system of Fig 1; Col 2, ln 30-37) including a filtration system (23; Fig 2A; Col 2, ln 37-42) and a remineralizer fluidly coupled downstream from the filtration system (25; Fig 2A, Col 2, ln 42-50).
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 diverter device of Cobb et al. to include a remineralizer fluidly coupled downstream from the filtration system as disclosed by Mitsis in order to suitably provide a desired water quality or taste to water that exits the device.
Allowable Subject Matter
Claims 4-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Minh Le, whose telephone number is 571-270-3805. The examiner can normally be reached on Monday-Friday (8:30AM-5:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MINH Q LE/Primary Examiner, Art Unit 3753