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 .
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: “coupling mechanism” in claims 2, 3, 4, 11, 12, 15, and 16.
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
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 2, 3, 4, 11, 12, 15, 16, and 18 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 18, the limitation “the swivel bearing” in line 8 is unclear and indefinite. It is unclear and indefinite whether the claim limitation is referring to the swivel bearing assembly or to the first swivel bearing. For examination purposes, the limitation will be read as the swivel bearing assembly.
Regarding claims 2, 3, 4, 11, 12, 15, and 16: claim limitation “coupling mechanism” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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, 6, 9-12, 17, and 18, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayes et al. (U.S. 2023/0212844).
Regarding claim 1, Hayes discloses:
A fluid delivery system (22), comprising:
a faucet spout (12, 14) having a first faucet tube (12) and a second faucet tube 14 (see Figure 1)
a swivel bearing assembly (38, 40) coupled to the first and second faucet tubes (12, 14), the swivel bearing assembly (38, 40) having a first swivel bearing (38) and a fastener (40) extending from the first faucet tube (12) to the second faucet tube 14 (see paragraph 0024)
wherein the first faucet tube (12) is rotatable relative to the second faucet tube (14) about the first swivel bearing (38), wherein the fastener (40) exerts a pressure against the first swivel bearing (38) to secure the swivel bearing assembly (38, 40) within the first and second faucet tubes 12, 14 (see paragraph 0035)
Regarding claim 6, Hayes discloses:
wherein the fastener (40) defines a flow passageway extending from a first fastener end to a second fastener end, the first fastener end coupled to the first faucet tube (12), the second fastener end coupled to the second faucet tube (14), wherein the flow passageway enables fluid communication between the first faucet tube (12) and the second faucet tube 14 (see Figure 4A)
Regarding claim 9, Hayes discloses:
one or more inlet lines (28, 32) coupled to the faucet, the one or more inlet lines (28, 32) comprises at least one of a hot inlet line (28), a cold inlet line (32), and a combination hot and cold inlet line, wherein fluid is configured to flow through the one or more inlet lines (28, 32) and into the fluid delivery system (see paragraph 0023)
Regarding claim 10, Hayes discloses:
wherein fluid flows from the first faucet tube (12) to a passageway defined in the swivel bearing assembly (38, 40), and from the passageway in the swivel bearing assembly (38, 40) to the second faucet tube (14), thereby enabling fluid communication between the first and second faucet tubes 12, 14
Further regarding this limitation, when the fluid flow is shut off, fluid in tube 12 will flow back through the bearing assembly 38, 40 and into tube 14.
Regarding claim 11, Hayes discloses:
A swivel bearing assembly (38, 40) for use with a fluid delivery system having a faucet spout (12, 14) with a first faucet tube (12) and a second faucet tube (14), comprising: (see paragraph 0024)
a fastener (40) defining a flow passageway (see Figure 4C)
a coupling mechanism (per 112f interpretation, functional equivalent inner 21 in Hayes) proximate the fastener 40 (see Figure 4C)
a first swivel bearing (38) positioned between the fastener (40) and the coupling mechanism (per 112f interpretation, functional equivalent inner 21 in Hayes), wherein the fastener (40) extends through the coupling mechanism (per 112f interpretation, functional equivalent inner 21 in Hayes) and the first swivel bearing (38), wherein fluid is configured to flow through the flow passageway of the fastener (40) when used with a fluid delivery system (see Figure 4C)
wherein the swivel bearing assembly (38, 40) is configured to enable rotation between a first faucet tube (14) relative to a second faucet tube (12), thereby enabling swivel motion of a faucet spout during fluid flow from the first faucet tube (14) to the second faucet tube (12) through the swivel bearing assembly 38, 40 (see paragraph 0035)
Regarding claim 12, Hayes discloses:
wherein a portion (78) of the first swivel bearing (38) is at least partially tapered at a distal end to provide a sealing resistance between the fastener (40) and the coupling mechanism (per 112f interpretation, functional equivalent inner 21 in Hayes; see paragraph 0028l see Figure 4A)
Regarding claim 17, Hayes discloses:
wherein the fastener (40) is threaded at an end distal from the first swivel bearing 38 (see Figure 3; see paragraph 0024)
Regarding claim 18, Hayes discloses:
A method for rotatably repositioning a fluid outlet system, comprising:
providing a fluid delivery system comprising a faucet spout (12, 14) having a first faucet tube (12) and a second faucet tube (14), the fluid delivery system further comprising a swivel bearing assembly (38, 40) coupled to the first and second faucet tubes (12, 14), the swivel bearing assembly (38, 40) having a first swivel bearing (38) and a fastener (40) extending from the first faucet tube (12) to the second faucet tube (40), wherein the fastener (40) exerts a pressure against the first swivel bearing (38) to secure the swivel bearing assembly (38, 40) within the first and second faucet tubes 12, 14 (see paragraphs 0024 and 0035)
rotating the first faucet tube (12) relative to the second faucet tube (14) about the swivel bearing (38), thereby enabling swivel motion of the faucet spout during fluid flow from the first faucet tube (12) to the second faucet tube (14) through the swivel bearing assembly 38, 40 (see paragraph 0035)
Further regarding this limitation, when the fluid flow is shut off, fluid in tube 12 will flow back through the bearing assembly 38, 40 and into tube 14.
Claim(s) 1, 5, 6, 8-11, 14, 16-18, and 20, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moyes (U.S. 2023/0332641).
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Annotated Figure 13 from Moyes.
Regarding claim 1, Moyes discloses:
A fluid delivery system, comprising:
a faucet spout having a first faucet tube (see annotated figure above) and a second faucet tube (see annotated figure above)
Further regarding the term “faucet”, a faucet is a device for drawing a flow of fluid and has not been further defined in the disclosure.
a swivel bearing assembly (714, 742a) coupled to the first and second faucet tubes (see annotated figure above), the swivel bearing assembly (714, 742a) having a first swivel bearing (742a) and a fastener (714) extending from the first faucet tube (see annotated figure above) to the second faucet tube (see annotated figure above; see paragraph 0091)
wherein the first faucet tube (see annotated figure above) is rotatable relative to the second faucet tube (see annotated figure above) about the first swivel bearing (742a), wherein the fastener (714) exerts a pressure against the first swivel bearing (742a) to secure the swivel bearing assembly (714, 742a) within the first and second faucet tubes (see annotated figure above; see paragraph 0091)
Regarding claim 5, Moyes discloses:
wherein the fastener (714) is threaded at a distal portion, the distal portion being securely coupled to the first faucet tube (see annotated figure above; see paragraph 0070)
Regarding claim 6, Moyes discloses:
wherein the fastener (714) defines a flow passageway extending from a first fastener end to a second fastener end, the first fastener end coupled to the first faucet tube (see annotated figure above), the second fastener end coupled to the second faucet tube (see annotated figure above), wherein the flow passageway enables fluid communication between the first faucet tube (see annotated figure above) and the second faucet tube (see annotated figure above)
Regarding claim 8, Moyes discloses:
wherein the swivel bearing assembly (714, 742a) further comprises a second swivel bearing (742a) positioned opposite the first swivel bearing (742a), wherein the first swivel bearing (742a) is positioned proximate the first faucet tube (see annotated figure above) and the second swivel bearing (742a) is positioned proximate the second faucet tube (see annotated figure above; see Figure 13; see paragraph 0091)
Regarding claim 9, Moyes discloses:
one or more inlet lines coupled to the faucet, the one or more inlet lines comprises at least one of a hot inlet line, a cold inlet line, and a combination hot and cold inlet line, wherein fluid is configured to flow through the one or more inlet lines and into the fluid delivery system
Further regarding this limitation, hot and cold are subjective, therefore any flow through the system will be either hot or cold.
Regarding claim 10, Moyes discloses:
wherein fluid flows from the first faucet tube (see annotated figure above) to a passageway defined in the swivel bearing assembly (714, 742a), and from the passageway in the swivel bearing assembly (714, 742a) to the second faucet tube (see annotated figure above), thereby enabling fluid communication between the first and second faucet tubes (see annotated figure above)
Regarding claim 11, Moyes discloses:
A swivel bearing assembly (714, 742a) for use with a fluid delivery system having a faucet spout with a first faucet tube (see annotated figure above) and a second faucet tube (see annotated figure above), comprising: (see paragraph 0091)
Further regarding the term “faucet”, a faucet is a device for drawing a flow of fluid and has not been further defined in the disclosure.
a fastener (714) defining a flow passageway (see paragraph 0091)
a coupling mechanism (712) proximate the fastener 714 (see paragraph 0091)
a first swivel bearing (742a) positioned between the fastener (714) and the coupling mechanism (712), wherein the fastener (714) extends through the coupling mechanism (712) and the first swivel bearing (742a), wherein fluid is configured to flow through the flow passageway of the fastener (714) when used with a fluid delivery system (see paragraph 0091)
wherein the swivel bearing assembly (714, 742a) is configured to enable rotation between a first faucet tube (see annotated figure above) relative to a second faucet tube (see annotated figure above), thereby enabling swivel motion of a faucet spout during fluid flow from the first faucet tube (see annotated figure above) to the second faucet tube (see annotated figure above) through the swivel bearing assembly 714, 742a (see paragraph 0091)
Regarding claim 14, Moyes discloses:
wherein the swivel bearing assembly (714, 742a) further comprises a second swivel bearing (742a) positioned opposite the first swivel bearing 742a (see paragraph 0091)
Regarding claim 16, Moyes discloses:
wherein the fastener (714), the coupling mechanism (712), and the first swivel bearing (742a) are concentrically aligned (see Figure 3)
Regarding claim 17, Moyes discloses:
wherein the fastener (714) is threaded at an end distal from the first swivel bearing 742a (see paragraph 0070)
Regarding claim 18, Moyes discloses:
A method for rotatably repositioning a fluid outlet system, comprising: providing a fluid delivery system comprising a faucet spout having a first faucet tube (see annotated figure above) and a second faucet tube (see annotated figure above), the fluid delivery system further comprising a swivel bearing assembly (714, 742a) coupled to the first and second faucet tubes (see annotated figure above; see paragraph 0091)
Further regarding the term “faucet”, a faucet is a device for drawing a flow of fluid and has not been further defined in the disclosure.
the swivel bearing assembly (714, 742a) having a first swivel bearing (742a) and a fastener (714) extending from the first faucet tube (see annotated figure above) to the second faucet tube (see annotated figure above; see paragraph 0091)
wherein the fastener (714) exerts a pressure against the first swivel bearing (742a) to secure the swivel bearing assembly (714, 742a) within the first and second faucet tubes (see annotated figure above; see paragraph 0091)
rotating the first faucet tube (see annotated figure above) relative to the second faucet tube (see annotated figure above) about the swivel bearing (714, 742a), thereby enabling swivel motion of the faucet spout during fluid flow from the first faucet tube (see annotated figure above) to the second faucet tube (see annotated figure above) through the swivel bearing assembly 714, 742a (see paragraph 0091)
Regarding claim 20, Moyes discloses:
wherein the swivel bearing assembly (714, 742a) further comprises a second swivel bearing (742a) positioned opposite the first swivel bearing (742a), wherein the first swivel bearing (742a) is positioned proximate the first faucet tube (see annotated figure above) and the second swivel bearing (742a) is positioned proximate the second faucet tube (see annotated figure above)
Claim(s) 1, 6, 7, 9-11, 13, 15, 16, 18, and 19, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mueller et al. (U.S. Patent No. 8,061,386).
Regarding claim 1, Mueller discloses:
A fluid delivery system, comprising:
a faucet spout having a first faucet tube (76) and a second faucet tube 84 (Col. 3, lines 19-25)
a swivel bearing assembly (80) coupled to the first and second faucet tubes (76, 84), the swivel bearing assembly (80) having a first swivel bearing (122) and a fastener (114) extending from the first faucet tube (76) to the second faucet tube 84 (Col. 4, lines 1-15)
wherein the first faucet tube (76) is rotatable relative to the second faucet tube (84) about the first swivel bearing (122), wherein the fastener (114) exerts a pressure against the first swivel bearing (122) to secure the swivel bearing assembly (80) within the first and second faucet tubes 76, 84 (Col. 3, lines 19-25)
Regarding claim 6, Mueller discloses:
wherein the fastener (114) defines a flow passageway (124) extending from a first fastener end to a second fastener end, the first fastener end coupled to the first faucet tube (76), the second fastener end coupled to the second faucet tube (84), wherein the flow passageway (124) enables fluid communication between the first faucet tube (76) and the second faucet tube 84 (see Figure 4; Col. 4, lines 1-15)
Regarding claim 7, Mueller discloses:
wherein the swivel bearing assembly (80) further comprises a wear washer (132) positioned and sized to engage the first faucet tube (76), the wear washer (132) configured to inhibit surface wear and deterioration caused by the repeated rotational motion of the first faucet tube (76) relative to the second faucet tube 84 (Col. 4, lines 15-24)
Regarding claim 9, Mueller discloses:
one or more inlet lines coupled to the faucet, the one or more inlet lines comprises at least one of a hot inlet line, a cold inlet line, and a combination hot and cold inlet line, wherein fluid is configured to flow through the one or more inlet lines and into the fluid delivery system
Further regarding this limitation, Mueller discloses a faucet, faucets have either hot, cold, or combination inlet lines.
Regarding claim 10, Mueller discloses:
wherein fluid flows from the first faucet tube (76) to a passageway (124) defined in the swivel bearing assembly (80), and from the passageway (124) in the swivel bearing assembly (80) to the second faucet tube (84), thereby enabling fluid communication between the first and second faucet tubes 76, 84
Regarding claim 11, Mueller discloses:
A swivel bearing assembly (80) for use with a fluid delivery system having a faucet spout with a first faucet tube (76) and a second faucet tube (84), comprising: (Col. 3, lines 19-25)
a fastener (114) defining a flow passageway 124 (Col. 4, lines 1-15)
a coupling mechanism (144) proximate the fastener 114 (Col. 4, lines 1-15)
a first swivel bearing (122) positioned between the fastener (114) and the coupling mechanism (144), wherein the fastener (114) extends through the coupling mechanism (144) and the first swivel bearing (122), wherein fluid is configured to flow through the flow passageway (124) of the fastener (114) when used with a fluid delivery system (Col. 4, lines 1-15)
wherein the swivel bearing assembly (80) is configured to enable rotation between a first faucet tube (76) relative to a second faucet tube (84), thereby enabling swivel motion of a faucet spout during fluid flow from the first faucet tube (76) to the second faucet tube (84) through the swivel bearing assembly 80 (Col. 3, lines 19-25)
Regarding claim 13, Mueller discloses:
wherein the swivel bearing assembly (80) further comprises a wear washer (132) configured to inhibit surface wear and deterioration caused by repeated use of the swivel bearing assembly 80 (Col. 4, lines 15-24)
Regarding claim 15, Mueller discloses:
one or more o-rings (148) positioned between the first swivel bearing (122) and the coupling mechanism (144), the one or more o-rings (148) configured to provide a liquid seal between the first swivel bearing (122) and the coupling mechanism 144 (see Figure 4; Col. 4, lines 25-43)
Regarding claim 16, Mueller discloses:
wherein the fastener (114), the coupling mechanism (144), and the first swivel bearing (122) are concentrically aligned (see Figure 4)
Regarding claim 18, Mueller discloses:
A method for rotatably repositioning a fluid outlet system, comprising: providing a fluid delivery system comprising a faucet spout having a first faucet tube (76) and a second faucet tube (84), the fluid delivery system further comprising a swivel bearing assembly (80) coupled to the first and second faucet tubes 76, 84 (Col. 3, lines 19-26)
the swivel bearing assembly (80) having a first swivel bearing (122) and a fastener (114) extending from the first faucet tube (76) to the second faucet tube 84 (Col. 4, lines 1-15)
wherein the fastener (114) exerts a pressure against the first swivel bearing (122) to secure the swivel bearing assembly (122) within the first and second faucet tubes 76, 84 (Col. 4, lines 1-15)
rotating the first faucet tube (76) relative to the second faucet tube (84) about the swivel bearing (80), thereby enabling swivel motion of the faucet spout during fluid flow from the first faucet tube (76) to the second faucet tube (84) through the swivel bearing assembly 80 (Col. 3, lines 19-25)
Regarding claim 19, Mueller discloses:
wherein the swivel bearing assembly (80) further comprises a wear washer (132) positioned and sized to engage the first faucet tube (76), the wear washer (132) configured to inhibit surface wear and deterioration caused by the repeated rotational motion of the first faucet tube (76) relative to the second faucet tube 84 (Col. 4, lines 15-25)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mueller in view of Moyes.
Regarding claims 5 and 17, Mueller discloses the invention as essentially claimed, but fails to disclose wherein the fastener is threaded at a distal portion, the distal portion being securely coupled to the first faucet tube.
Moyes teaches wherein the fastener (714) is threaded at a distal portion, the distal portion being securely coupled to the first faucet tube (see annotated figure above; see paragraph 0070).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Mueller to provide wherein the fastener is threaded at a distal portion, the distal portion being securely coupled to the first faucet tube, as taught by Moyes. Doing so would provide an alternative way of connecting the two elements, which would be easy to release and separate.
Claim(s) 7, 13, 15, and 19 as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Moyes in view of Mueller.
Regarding claims 7, 13, and 19, Moyes discloses the invention as essentially claimed, but fails to disclose wherein the swivel bearing assembly further comprises a wear washer positioned and sized to engage the first faucet tube, the wear washer configured to inhibit surface wear and deterioration caused by repeated rotational motion of the first faucet tube relative to the second faucet tube.
Mueller teaches a swivel joint for a faucet wherein the swivel bearing assembly (80) further comprises a wear washer (132) positioned and sized to engage the first faucet tube (76), the wear washer (132) configured to inhibit surface wear and deterioration caused by the repeated rotational motion of the first faucet tube (76) relative to the second faucet tube 84 (Col. 4, lines 15-25).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Moyes to provide wherein the swivel bearing assembly further comprises a wear washer positioned and sized to engage the first faucet tube, the wear washer configured to inhibit surface wear and deterioration caused by repeated rotational motion of the first faucet tube relative to the second faucet tube. Doing so would aid the relative pivotal movement between the two elements (Col. 4, lines 15-25), as recognized by Mueller.
Regarding claim 15, Moyes discloses the invention as essentially claimed, but fails to disclose one or more O-rings positioned between the first swivel bearing and the coupling mechanism, the one or more O-rings configured to provide a liquid seal between the first swivel bearing and the coupling mechanism.
Mueller teaches a swivel joint for a faucet comprising one or more o-rings (148) positioned between the first swivel bearing (122) and the coupling mechanism (144), the one or more o-rings (148) configured to provide a liquid seal between the first swivel bearing (122) and the coupling mechanism 144 (see Figure 4; Col. 4, lines 25-43).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Moyes to provide one or more O-rings positioned between the first swivel bearing and the coupling mechanism, the one or more O-rings configured to provide a liquid seal between the first swivel bearing and the coupling mechanism, as taught by Mueller. Doing so would provide further sealing against leaks.
Claim(s) 7, 13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayes in view of Mueller.
Regarding claims 7, 13, and 19, Hayes discloses the invention as essentially claimed, but fails to disclose wherein the swivel bearing assembly further comprises a wear washer positioned and sized to engage the first faucet tube, the wear washer configured to inhibit surface wear and deterioration caused by repeated rotational motion of the first faucet tube relative to the second faucet tube.
Mueller teaches a swivel joint for a faucet wherein the swivel bearing assembly (80) further comprises a wear washer (132) positioned and sized to engage the first faucet tube (76), the wear washer (132) configured to inhibit surface wear and deterioration caused by the repeated rotational motion of the first faucet tube (76) relative to the second faucet tube 84 (Col. 4, lines 15-25).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Hayes to provide wherein the swivel bearing assembly further comprises a wear washer positioned and sized to engage the first faucet tube, the wear washer configured to inhibit surface wear and deterioration caused by repeated rotational motion of the first faucet tube relative to the second faucet tube. Doing so would aid the relative pivotal movement between the two elements (Col. 4, lines 15-25), as recognized by Mueller.
Allowable Subject Matter
Claims 2-4 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. Andersen et al. (U.S. 2010/0175765) discloses a swivel spout with multiple bearings.
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/KELSEY E CARY/Primary Examiner, Art Unit 3753