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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/1/2024, 04/25/2025, and 12/22/2025 were filed prior to the mailing date of the mailing of this action. The submissions comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the structural features for the invention in the Figures 2-4 are visually unclear, either due to the copied image, computer generated image or photo image.
The U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
INFORMATION ON HOW TO EFFECT DRAWING CHANGES
Replacement Drawing Sheets
Drawing changes must be made by presenting replacement sheets which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments section, or remarks, section of the amendment paper. 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). A replacement sheet must include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and within the top margin.
Annotated Drawing Sheets
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheet(s) must be clearly labeled as “Annotated Sheet” and must be presented in the amendment or remarks section that explains the change(s) to the drawings.
Timing of Corrections
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
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.
Claims 2,3,9 and 10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claims, 2 and 9 recite the limitation " the second hook configured to be inserted into the opening of the base of the faucet", which is unclear if the assembly when combined with claims 1 and 8, respectively, has two handles inserted into the opening or if the second handle is the only handle inserted into the opening.
Appropriate correction is required.
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 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.
Claim(s) 1-3,5-10,12-16 and 18-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Bertoli ( US 5803120).
Regarding claim 1, Bertoli discloses a handle assembly (22,33,32) for a faucet, comprising: a handle (22) comprising a hook (32) at an end (the left end) of the handle; the hook configured to be inserted into an opening (the opening that 32 extends into) of a base (21,23,28A Figure 4, uses handle assembly best shown in Figure 3) of the faucet; and a fastener (34) configured to fix the handle relative to the base by the hook.
Regarding claim 2, Bertoli discloses further comprising: a second handle comprising a second hook at an end of the second handle; the second hook configured to be inserted into the opening of the base of the faucet; and the fastener configured to fix the second handle relative to the base by the second hook (col. 1,lns. 54-56, the elements can be replaced that have a “different color, finish or shape”).
Regarding claim 3, Bertoli discloses the handle comprises a first shape; and the second handle comprises a second shape that is “different from the first shape (col. 1,lns. 54-56, the elements can be replaced that have a different color, finish or shape”).
Regarding claim 5, Bertoli discloses the hook includes a curved portion (the bottommost portion of 32, see Fig. 3) defining a projection (extending left ward in Fig. 3); and the projection is configured to extend downward into a hollow portion (the opening/space that the bottom most portion is shown as being within in Fig. 3) of the base.
Regarding claim 6, Bertoli discloses when the hook is inserted into the opening, the hook is not visible from an external portion (the upper external portion being above item 22, the hook cannot be seen from above) of the base of the faucet.
Regarding claim 7, Bertoli discloses the base (see Figure 4) of the faucet includes a first portion (28A) and a second portion (23,21) that is configured to rotate relative to the first portion; and the opening is disposed on the second portion of the base.
Regarding claim 8, Bertoli discloses 8. A faucet (see Fig. 3,4), comprising: a handle assembly (22,33,32), comprising: a handle (22) comprising a hook (32) at an end (the left end) of the handle; the hook configured to be inserted into an opening (the opening that 32 extends into) of a base (21,23,28A) of the faucet; and a fastener (34) configured to fix the handle relative to the base by the hook.
Regarding claim 9, Bertoli discloses further comprising: a second handle comprising a second hook at an end of the second handle; the second hook configured to be inserted into the opening of the base of the faucet; and the fastener configured to fix the second handle relative to the base by the second hook (col. 1,lns. 54-56, the elements can be replaced that have a “different color, finish or shape”).
Regarding claim 10, Bertoli discloses the handle comprises a first shape; and the second handle comprises a second shape that is “different from the first shape (col. 1,lns. 54-56, the elements can be replaced that have a different color, finish or shape”).
Regarding claim 12, Bertoli discloses the hook includes a curved portion (the bottommost portion of 32, see Fig. 3) defining a projection (extending left ward in Fig. 3); and the projection is configured to extend downward into a hollow portion (the opening/space that the bottom most portion is shown as being within in Fig. 3) of the base.
Regarding claim 13, Bertoli discloses when the hook is inserted into the opening, the hook is not visible from an external portion (the upper external portion being above item 22, the hook cannot be seen from above) of the base of the faucet.
Regarding claim 14, Bertoli discloses the base (see Figure 4) of the faucet includes a first portion (28A) and a second portion (23,21) that is configured to rotate relative to the first portion; and the opening is disposed on the second portion of the base.
Regarding method claims 15,16 and 18-20, the device shown by Bertoli will perform the methods as recited in claims 15,16 and 18-20, during normal operational use of the device.
Allowable Subject Matter
Claims 4,11 and 17 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.
None of the prior art of record discloses or renders as obvious, “a washer configured to receive the fastener and engage with a portion of the hook to fix the handle relative to the base”, in combination with the rest of the limitations from which claims 4,11 and 17 depend respectively.
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 Craig Price, whose telephone number is (571)272-2712 or via facsimile (571)273-2712. The examiner can normally be reached on Monday-Friday (8:00AM-4:30PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider, can be reached at telephone number 571-272-3607, Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRAIG J PRICE/ Primary Examiner, Art Unit 3753