DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
3. Claims 1-10, 13-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-27 of U.S. Patent No. 9,458,612. Although the claims at issue are not identical, they are not patentably distinct from each other because they are merely different combinations of the same elements. Further, the inventive concept is the same.
Instant Application: 18/897,816
Patent No. 9,458,612
1. A faucet system including: an electronic faucet including a spout, a fluid supply conduit supported by the spout, a valve assembly having an electrically operable valve in fluid communication with the fluid supply conduit, and a controller operative to control the electrically operable valve to control fluid flow through the fluid supply conduit, the controller including a port, the controller and the port being mounted to the valve assembly; and a secondary dispensing device including a spout, a fluid supply conduit supported by the spout, and electronics operably coupled to the port of the controller of the electronic faucet, the controller being operative to at least one of control or power the electronics of the secondary dispensing device via the port to control fluid flow through the fluid supply conduit of the secondary dispensing device.
5. The faucet system of claim 1, further including an electrical cable routed from the port of the controller to the electronics of the secondary dispensing device to route power and control signals from the controller of the electronic faucet to the electronics of the secondary dispensing device, the electrical cable including a connector that is releasably coupled to the port.
6. The faucet system of claim 5, wherein the controller includes a printed circuit board coupled to the valve assembly, and the processor and the port are mounted to the printed circuit board.
7. The faucet system of claim 6, wherein the valve assembly includes an outer housing having an opening, the printed circuit board and the electrically operable valve are positioned in the outer housing, and the port is accessible through the opening of the outer housing.
12. The faucet system of claim 11, wherein: the solenoid valve includes a solenoid coil and a moveable valve member operably coupled to the solenoid coil; and the controller includes an electronic circuit board coupled to the valve housing, and a processor mounted to the electronic circuit board to control the solenoid valve, the solenoid coil being mounted to the circuit board.
13. A faucet system including: a primary dispensing device including a fluid supply conduit, a valve assembly having an electrically operable valve in fluid communication with the fluid supply conduit, and a controller operative to control the electrically operable valve to control fluid flow through the fluid supply conduit, the controller including a port; and a secondary dispensing device including electronics operably coupled to the port of the controller of the electronic faucet, the controller being operative to at least one of control or power the electronics of the secondary dispensing device via the port.
14. The faucet system of claim 13, wherein the secondary dispensing device includes a spout, a fluid supply conduit supported by the spout, and the controller is operative to control fluid flow through the fluid supply conduit of the secondary dispensing device.
15. The faucet system of claim 13, wherein the controller and the port are mounted to the valve assembly.
17. The faucet system of claim 13, further including an electrical cable routed from the port of the controller to the electronics of the secondary dispensing device to route power and control signals from the controller of the primary dispensing device to the electronics of the secondary dispensing device, the electrical cable including a connector that is releasably coupled to the port.
19. The faucet system of claim 13, wherein the primary dispensing device includes an electronic faucet.
18. A faucet system including: an electronic faucet including a spout, a fluid supply conduit supported by the spout, a valve assembly having an electrically operable valve positioned to regulate fluid flow through the fluid supply conduit, and a controller operative to control the electrically operable valve to control fluid flow through the fluid supply conduit, the controller including a circuit board and a port, the controller and the port being mounted to the valve assembly, wherein the electrically operable valve includes a solenoid valve having a solenoid coil mounted to the circuit board; and a secondary dispensing device including a spout, a fluid supply conduit supported by the spout, and electronics operably coupled to the port of the controller of the electronic faucet, the controller being operative to at least one of control and power the electronics of the secondary dispensing device via the port to control fluid flow through the fluid supply conduit of the secondary dispensing device.
22. The faucet system of claim 18, further including an electrical cable routed from the port of the controller to the electronics of the secondary dispensing device to route power and control signals from the controller of the electronic faucet to the electronics of the secondary dispensing device, the electrical cable including a connector that is releasably coupled to the port.
23. The faucet of claim 22, wherein the processor and the port are mounted to the printed circuit board.
24. The faucet of claim 23, wherein the valve assembly includes an outer housing having an opening, the printed circuit board and the electrically operable valve are positioned in the outer housing, and the port is accessible through the opening of the outer housing.
2. The faucet system of claim 1, wherein the electronics include an electrically operable valve positioned to regulate fluid flow through the fluid supply conduit of the secondary dispensing device.
16. The faucet system of claim 13, wherein the electronics of the secondary dispensing device include an electrically operable valve positioned to regulate fluid flow through a fluid supply conduit of the secondary dispensing device.
19. The faucet system of claim 18, wherein the electronics include an electrically operable valve positioned to regulate fluid flow through the fluid supply conduit of the secondary dispensing device
3. The faucet system of claim 2, wherein the secondary dispensing device includes a proximity sensor configured to detect an object near the spout of the secondary dispensing device and to transmit a detection signal to the controller through the port, and the controller is operative to control the electrically operable valve of the secondary dispensing device based on the detection signal.
20. The faucet system of claim 19, wherein the secondary dispensing device includes a proximity sensor configured to detect an object near the spout of the secondary dispensing device and to transmit a detection signal to the controller through the port, and the controller is operative to control the electrically operable valve of the secondary dispensing device based on the detection signal.
4. The faucet system of claim 3, wherein the proximity sensor includes a capacitive touch sensor operative to detect an object contacting the spout of the secondary dispensing device.
21. The faucet system of claim 20, wherein the proximity sensor includes a capacitive touch sensor operative to detect an object contacting the spout of the secondary dispensing device.
8. The faucet system of claim 1, wherein the controller is operably coupled to a power source for powering the electronic faucet, and the controller powers the electronics of the secondary dispensing device from the power source via the port.
18. The faucet system of claim 13, wherein the controller is operably coupled to a power source for powering the primary dispensing device, and the controller powers the electronics of the secondary dispensing device from a power source via the port.
25. The faucet system of claim 18, wherein the controller is operably coupled to a power source for powering the electronic faucet, and the controller powers the electronics of the secondary dispensing device from the power source via the port.
9. The faucet system of claim 1, wherein the secondary dispensing device includes at least one of a soap dispenser or a beverage dispenser.
20. The faucet system of claim 13, wherein the secondary dispensing device includes at least one of an electronic faucet, a soap dispenser or a beverage dispenser.
26. The faucet system of claim 18, wherein the secondary dispensing device includes at least one of a soap dispenser and a beverage dispenser.
10. The faucet system of claim 1, wherein the secondary dispensing device includes an electronic faucet.
27. The faucet system of claim 18, wherein the secondary dispensing device includes an electronic faucet.
4. Claims 11-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-27 of U.S. Patent No. 9,458,612 in view of. Gregory et al. 4,735,357.
Thomas et al. in U.S. Patent No. 9,458,612 have taught all the features of the claimed invention except that a temperature sensor and a heat transfer device. Gregory et al. teach the use of a solenoid valve (76) with a temperature sensor (103) and a heat transfer device (col. 6, ll. 2-6).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the valve assembly of Thomas et al. in U.S. Patent No. 9,458,612 to have the temperature sensor and heat transfer device taught by Gregory et al., in order to sense the fluid temperature being supplied and to provide an accurate reading of the temperature.
Response to Arguments
5. Applicants' arguments filed 6/8/2026 have been fully considered but does not place the application in condition for allowance because: the terminal disclaimer filed on 6/8/2026 was disapproved because the applicant’s name listed on the terminal disclaimer is not the same on the ADS and the power of attorney. The terminal disclaimer identifies a party who is not the applicant (only for applications filed on or after September 16, 2012; See FP 14.26.10): For cases filed on/after 9/16/12, 37 CFR 1.321 specifies that the applicant can disclaim, and the terminal disclaimer must specify the extent of the applicant's ownership. A request under 37 CFR 1.46(c) to change the applicant needs to be filed, which is (1) a request, signed by a 1.33(b) party, (2) a corrected ADS (37 CFR 1.76(c)) that identifies the "new" applicant in the applicant information, and is underlined since it is new, and (3) a 3.73(c) statement showing chain of title to the new applicant. Along with the § 1.46(c) request we need a POA that gives power to the attorney who is signing the TD, along with another copy of the TD, unless they file a TD that is signed by the applicant. Therefore, the double patenting rejection is maintained.
Conclusion
6. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK C NICOLAS whose telephone number is (571)272-4931. The examiner can normally be reached Monday-Thursday 8:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R. Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754
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