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 .
Response to Amendment
This action is responsive to the amendment dated 5/11/2026. Claims 1, 3-5, 7-9, 11-14, 16-17, and 21 remain pending. The previous drawing objections have been withdrawn due to applicant’s claim amendment. The previous specification objection has been withdrawn due to applicant’s claim amendment. Most of the 112b rejections have been withdrawn due to applicant’s amendment. However, a 112(b) rejection remains for claim 11 below. Any new ground(s) of rejection below have been made due to applicant’s amendment. This action is Final.
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.
Claim 11 is 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.
Claim 11 is rejected as the claim introduces the feature of “a mixing valve” while claim 9 has already introduced to feature of “a mixing valve”. It is unclear how many mixing valves are intending to be claimed in claim 11.
It is further unclear in claim 11 how the second mating device can be configured to be coupled to a mixing valve when, per amended claim 9, the second mating device is configured to couple to the adapter body.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code 102 not included in this action can be found in a prior Office action.
Claim(s) 1, 3-5, 7-8, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kristynik (U.S. 10,865,908).
Kristynik discloses a mixing valve adapter for a plumbing fixture for controlling a mixture of two supplies of water having different temperatures, the mixing valve adapter comprising: an adapter body (110); a first mating device configured to couple a shaft to the adapter body (the opening at 112 capable of coupling to 60); and a second mating device configured to couple a mixing valve to the adapter body (the opening at 116 or 116’ that can receive H, H’, and H”, see also abstract, col. 3, ll. 56-61, col. 4, ll. 50-52, col. 5, ll. 27-30), wherein the first mating device has a first cross-section different than a second cross-section associated with the second mating device (112 has a hollow square appearing cross-section, while the opening at 116 is a larger hollow square appearing cross-section, or, a cross-section to accommodate the different shapes of H which is circular, H’ which is a solid square, and H” which is also circular, see fig. 2 and as described in col. 5, ll. 21-30 which describes the openings 116, 116’ as being polygonal or spherical or any other shape), wherein the first cross-section corresponds to a first manufacturer and the second cross-section corresponds to a second manufacturer (the cross-sections are deemed to correspond to any manufacturer that manufactures the cross-sections as shown, especially as the recitation of the cross-section corresponding “to a first manufacturer” and “to a second manufacturer” is broad and subjective, but see also the list of manufacturers in col. 3, ll. 56-61 the adapter can be coupled with).
Regarding claim 3, Kristynik further discloses wherein the first cross-section can be changed through an addition or removal of a bit (the opening at 112 defining the first cross-section is capable of receiving many different structures to change the cross-section, including the addition of a bit).
Regarding claim 4, Kristynik further discloses wherein the shaft (shaft 60) is configured to be coupled to a handle (100)(it is noted; however, that the shaft is not positively recited in claim 1, and that the first mating device is merely seen to require it to be capable of being coupled to a shaft that is capable of being coupled to a handle).
Regarding claim 5, Kristynik further discloses wherein the shaft has a hollow section configured to mate with the handle (the shaft 60 is a hollow tube and thus capable of mating with the handle, but see also fig. 1 and shaft 60 and handle 100)(it is noted; however, that the shaft is not positively recited in claim 1, nor in claims 4 or 5, claim 5 is seen to require the first mating device merely to be capable of being coupled to a shaft that that has a hollow section capable of mating with a handle).
Regarding claim 7, Kristynik further discloses wherein the first cross-section of the first mating device has a star shape, a square shape, a rectangular shape, a hexagonal shape, a heptagonal shape, or an octagonal shape (square shape at 112, see fig. 2).
Regarding claim 8, Kristynik further discloses wherein the second cross-section of the second mating device has a star shape, a square shape, a rectangular shape, a hexagonal shape, a heptagonal shape, or an octagonal shape (116 is square or rectangular shaped, but see also col. 5, ll. 21-30 which describes the openings 116, 116’ as being polygonal or spherical or any other shape).
Regarding claim 21, Kristynik discloses an apparatus comprising: a handle (100); a mixing valve (see abstract, col. 3, ll. 56-61, col. 4, ll. 50-52, col. 5, ll. 27-30); and a mixing valve adapter (110, 60, H, H’, H’’) connected to the mixing valve and the handle (figs. 1-2), the mixing valve adapter comprising: an adapter body (110); a first mating device coupled to the adapter body (opening at 112, which is part of the adapter body and thus coupled to it); and a second mating device coupled to the adapter body (opening at 116, which is part of the adapter body and thus coupled to it), wherein the first mating device has a first cross-section defined by a first manufacturer and the second mating device has a second cross-section defined by a second manufacturer (112 has a hollow square appearing cross-section, while the opening at 116 is a larger hollow square appearing cross-section, or, a cross-section to accommodate the different shapes of H which is circular, H’ which is a solid square, and H” which is also circular, see fig. 2 and as described in col. 5, ll. 21-30 which describes the openings 116, 116’ as being polygonal or spherical or any other shape, further, with respect to the limitations as being defined by a first or second manufacturer, the cross-sections are deemed to correspond to any manufacturer that manufactures the cross-sections as shown, especially as the recitation of the cross-section corresponding “to a first manufacturer” and “to a second manufacturer” is broad and subjective, but see also the list of manufacturers in col. 3, ll. 56-61 the adapter can be coupled with).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code 103 not included in this action can be found in a prior Office action.
Claim(s) 9, 11-14, and 16-17, claim 11 as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh (U.S. 7,575,019) in view of Kristynik.
Oh discloses a shower panel comprising: a plurality of water dispensing outlets (102, 104); a mixing valve (the hot and cold water valves associated with handles 88 and 90 which will provide for hot, cold, mixed, or no flow of water; alternatively, the mixing valve associated with handle 58 to direct the flow to the shower and/or tub, see fig. 6); a plurality of pipes connecting the mixing valve to the plurality of water dispensing outlets (fig. 5); a handle (88, 90; alternatively 58) configured to operate the mixing valve.
While Oh discloses in figure 5 the handles 88, 90, and 58 being coupled with mixing valves and in figure 6 the handle 58 being coupled with a mixing valve via at least a stem, Oh does not appear to disclose a mixing valve adapter connected to the mixing valve and the handle, the mixing valve adapter comprising: an adapter body; a first mating device configured to couple a shaft to the adapter body; and a second mating device configured to couple to the adapter body, wherein the first mating device has a different cross-section than the second mating device, wherein the cross-section of the first mating device corresponds to a first manufacturer and the cross-section of the second mating device corresponds to a second manufacturer.
Kristynik teaches it was known in the art to couple a mixing valve (see abstract, col. 3, ll. 56-61, col. 4, ll. 50-52, col. 5, ll. 27-30) to a handle (100) via a mixing valve adapter with an adapter body (110); a first mating device configured to couple a shaft to the adapter body (the opening at 112 capable of coupling to 60); and a second mating device configured to couple a mixing valve to the adapter body (the opening at 116 or 116’ that can receive H, H’, and H”, see also abstract, col. 3, ll. 56-61, col. 4, ll. 50-52, col. 5, ll. 27-30), wherein the first mating device has a different cross-section than the second mating device (112 has a hollow square appearing cross-section, while the opening at 116 is a larger hollow square appearing cross-section, or, a cross-section to accommodate the different shapes of H which is circular, H’ which is a solid square, and H” which is also circular, see fig. 2 and as described in col. 5, ll. 21-30 which describes the openings 116, 116’ as being polygonal or spherical or any other shape), wherein the first cross-section of the first mating device corresponds to a first manufacturer and the second cross-section of the second mating device corresponds to a second manufacturer (the cross-sections are deemed to correspond to any manufacturer that manufactures the cross-sections as shown, especially as the recitation of the cross-section corresponding “to a first manufacturer” and “to a second manufacturer” is broad and subjective, but see also the list of manufacturers in col. 3, ll. 56-61 the adapter can be coupled with).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Oh such that there is an adapter body that connects the mixing valve and handle and the adapter body and has first and second mating devices coupled to the adapter body with the first mating device having a different cross-section from the second mating device and the cross-section of the first mating device corresponding to a first manufacturer and the cross-section of the second mating device corresponding to a second manufacturer as taught by Kristynik in order to provide a handle to valve coupling system adapter kit that can be easily removed and replaced and can be used in conjunction with numerous brands of plumbing fixtures (see col. 3, ll. 51-61 of Kristynik).
Regarding claim 11, Oh as modified further discloses wherein the second mating device is configured to be coupled to a mixing valve (the mixing valves for the hot and cold water of Oh, the mixing valve as described in the abstract, col. 3, ll. 56-61, col. 4, ll. 50-52, col. 5, ll. 27-3 of Oh and as taught above by Kristynik).
Regarding claim 12, Oh as modified further discloses wherein the cross-section of the first mating device has a star shape, a square shape, a rectangular shape, a hexagonal shape, a heptagonal shape, or an octagonal shape (as taught above by Kristynik, square shape at 112, see fig. 2).
Regarding claim 13, Oh as modified further discloses wherein the cross-section of the second mating device has a star shape, a square shape, a rectangular shape, a hexagonal shape, a heptagonal shape, or an octagonal shape (as taught above by Kristynik, 116 is square or rectangular shaped, but see also col. 5, ll. 21-30 which describes the openings 116, 116’ as being polygonal or spherical or any other shape).
Regarding claim 14, Oh as modified further discloses wherein the shaft has a hollow section configured to mate with the handle (as taught above by Kristynik, the shaft 60 is a hollow tube and thus capable of mating with the handle, but see also fig. 1 and shaft 60 and handle 100).
Regarding claim 16, Oh as modified further discloses wherein cross-section of the first mating device can be changed through an addition or removal of a bit (as taught above by Kristynik, the opening at 112 defining the first cross-section is capable of receiving many different structures to change the cross-section, including the addition of a bit).
Regarding claim 17, Oh as modified further discloses wherein the mixing valve adapter is a first mixing valve adapter (the adapter as taught by Kristynik), and the mixing valve is a first mixing valve for temperature selection (by turning on the hot and/or cold water valves), the shower panel further comprising: a second mixing valve for outlet selection (the mixing valve associated with handle 58, see fig. 6 which diverts the fluid to the shower and/or tub); and a second mixing valve adapter coupled to the second mixing valve (cartridge 60 or the unlabeled stem and/or threaded bolt shown in fig. 6 of Oh).
Response to Arguments
Applicant's arguments filed 5/11/2026 have been fully considered but they are not persuasive.
Applicant argues on page 9 that Kristynik lacks mating devices with a first cross-section that corresponds to a first manufacturer and a second cross-section that corresponds to a second manufacturer. The examiner respectfully disagrees as the openings at 112 and 116 of Kristynik have cross-sections and are seen to correspond to any manufacturer that manufactures the cross-sections as shown, especially as the recitation of the cross-section corresponding “to a first manufacturer” and “to a second manufacturer” is broad and subjective and any manufacturer could specify any type of cross-section, but see also the list of manufacturers in col. 3, ll. 56-61 the adapter can be coupled with.
Applicant’s arguments found on pages 10-11 with respect to claims 9 and 21 are similar to that of the arguments found on page 9 for claim 1 above and are responded to similar to the response above.
For at least these reason(s), applicant’s arguments have not been found persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R REID whose telephone number is (313)446-4859. The examiner can normally be reached on Monday-Friday 9am-5pm est.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Craig Schneider can be reached at 571-272-3607, or Ken 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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Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/MICHAEL R REID/ Primary Examiner, Art Unit 3753
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