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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 requires “the first and second sections being spaced apart laterally and each having a first lateral hole and a second lateral hole”. As written this appears to require a first and second lateral hole in each of the first and second sections. However based on Applicant’s disclosure and the remainder of the claim language (coaxial alignment of the holes) it appears each section has one hole respectively.
For the purpose of examination a latch with first and second sections ‘spaced apart laterally, the first section having a first lateral hole and the second section having a second lateral hole’ will be considered to satisfy the claim language.
that each of the first and second sections has a first and second through hole.
Claim 1 requires “when the latch component is in the fixation position, the latch component rotates around the connecting portion such that the long edge is perpendicular…” which appears to be a process or method step while claim 1 is directed at an apparatus. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). For the purpose of examination the claim is being interpreted as requiring:
‘when the latch component is in the fixation position, the long edge is perpendicular’.
Appropriate correction is required.
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 12 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 12 recites the limitation "a second annular groove" in the second to last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 depends from claim 1 which has not introduced a first annular groove resulting in a lack of clarity regarding how many annular grooves would be required to satisfy the limitations of claim 12. For the purpose of examination the claim is being interpreted as requiring an annular groove at the defined position.
Claim 12 recites the limitation "a second retaining ring" in the last two lines. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 depends from claim 1 which has not introduced a first retaining ring resulting in a lack of clarity regarding how many retaining rings would be required as part of a device to satisfy the claim limitations. For the purpose of examination the claim is being interpreted as requiring a retaining ring for the claimed annular groove.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-2, 8-9 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 4159937 (Vollmecke).
Regarding claim 1, Vollmecke discloses a fixation structure for a faucet, comprising:
a housing sleeve (4), including an annular wall (Figs. 1, 2; annotated figure below) extending along a longitudinal axis (19) for fitting a faucet,
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a hollow portion (27) defined within the annular wall and penetrating along the longitudinal axis (Fig. 2; annotated figure above), and a securing block (Fig. 2; annotated figure above) positioned within the hollow portion and affixed to the annular wall, the securing block having a positioning hole penetrating along the longitudinal axis (not depicted but required for the installation of rods 5 and 7 as indicated in annotated figure above);
a connecting rod (7), comprising a rod body extending along the longitudinal axis and a connecting portion (43), the rod body having a head portion (15) inserted into the securing block of the housing sleeve and a bottom portion extended from the head portion (Fig. 1, body of rod 7 extending downwardly from the housing sleeve), with the connecting portion extending transversely with respect to the rod body (Fig. 6); and
a latch component (8), comprising a first section and a second section (Fig. 7; annotated figure below), the first and second sections being spaced apart laterally and each having a first lateral hole (44) and a second lateral hole (45), the first and second lateral holes being coaxially aligned (11; Fig. 7) to allow insertion of the connecting portion, so that the bottom portion of the rod body is positioned between the first and second sections, and the latch component is rotatably connected to the connecting rod using the connecting portion as a pivot (Figs. 1, 3; Para. 0027, 0030);
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wherein at least one of the first and second sections has a long edge larger than a maximum width of the connecting rod and a short edge smaller than the long edge (Figs. 1, 3, 7, annotated figure above. The connecting rod is received within the connector which is received entirely within the body of the first and second sections of latch and as such both widths of the latch section edges are wider than the rod), and the latch component has an installation position (Fig. 3) and a fixation position (Fig. 1) relative to the rod body;
wherein, when the latch component is in the installation position, the long edge is parallel to the rod body with the short edge perpendicular to the rod body, and when the latch component is in the fixation position, the latch component rotates around the connecting portion such that the long edge is perpendicular to the rod body with the short edge parallel to the rod body (Figs. 1, 3; Para. 0017 – can pivot 60-90 degrees with a 90 degrees pivot resulting in moving between parallel for insertion and perpendicular for fixation).
Regarding claim 2, Vollmecke discloses that the latch component has a first width larger than a second width of the connecting rod, and the second width the connecting rod is defined by the short edge when in the installation position (Fig. 3), and
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the second width of the connecting rod is defined by the long edge when in the fixation position (Fig. 1).
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Also see Figs. 1, 3, 7. The connecting rod is received within the connector which is received entirely within the body of the first and second sections of latch and as such both widths of the latch section edges are wider than the rod.
Regarding claim 8, Vollmecke discloses that each of the first and second sections includes a first portion and a second portion adjacent to the first portion, the first and second lateral holes are formed on the first portion of the first and second sections, and the second portions of the first and second sections are connected by a connecting member along the long edge (Fig. 7, annotated figure below. The latch has first and second portions in so much as Applicant’s invention does).
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Regarding claim 9, Vollmecke discloses that at least one of the second portions of the first and second sections extends outwardly from an edge opposite the first portion, forming a hooked piece (25; Fig. 7, annotated figure above).
Regarding claim 13, Vollmecke discloses that when the fixation structure is mounted on a countertop (3), the housing sleeve is disposed on a top surface (21) of the countertop and the connecting rod is inserted into an installation hole (20) in the countertop (Figs. 1, 3).
Regarding claim 14, Vollmecke discloses that when the latch component is in the installation position, a maximum width of a combination of the connecting rod and the latch component is defined by the short edge of the latch component, which is smaller than the installation hole (Fig. 3), wherein when the latch component is in the fixation position, the maximum width of the combination of the connecting rod and the latch component is defined by the long edge of the latch component, which is larger than the installation hole (Fig. 1).
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.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Vollmecke in view of US 6,491,058 (Wang).
Regarding claims 10-11, Vollmecke discloses that the connecting portion (43) has a first end and a second end (Fig. 6) and that it is received through the first and second lateral holes (Fig. 3, 6-7, positioned along pivot axis 11; Translated specification 0027). Vollmecke, however, is silent regarding how the connecting portion is configured to be received within the lateral holes of the latch component such as having one end too large to pass through and the opposing end small enough to pass through and with a groove for receiving a retaining ring secure the components together.
Wang teaches a fixing structure for part of a faucet including a guide rod (70) which is secured to a secondary component (31) by being received through and secured to a hole (42) formed in a portion (43) of the secondary component. The rod is provided with a body (72) and an annular head (71) having a first end with a width larger than the hole and a second end with a width narrower than the hole thereby facilitating its insertion of the second end through the hole while the first end engages the secondary component around the hold preventing further passage (Fig. 4, annotated figure below).
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Wang further teaches providing an annular groove (73) on the second end of the head configured for receiving a retaining ring (74) which is larger in diameter than the hole so as to secure the head in position once inserted and prevent the components from becoming unintentionally disassembled (Fig. 3, 4; C2 L36-47).
It would have been obvious to one of ordinary skill in the art to configure the connection portion first end to be larger than the lateral openings and the second end to be narrower than the holes with an annular groove for receiving a retaining ring, as taught by Wang, so as to facilitate inserting the connection portion through the lateral holes of the latch member while preventing it from passing fully through and providing an arrangement for securing the components together and preventing unintentional disassembly.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Vollmecke in view of CN 110242769 (Zheng).
Regarding claim 12, Vollmecke discloses that the connecting portion comprises a through hole (46) for the bottom portion of the connecting rod to pass through (Fig. 6). Vollmecke further discloses an annular groove positioned at a bottom of the rod (Fig. 6, annotated below),
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and appears to depict a structure retained within the groove (Fig. 1, annotated below).
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However Vollmecke does not explicitly discuss these features/structures and as such does not explicitly disclose the inclusion of a retaining ring.
Zheng teaches a fixation structure for a sink comprising a housing sleeve (5) secured to a support structure by a latch mechanism (56) which is rotationally secured to the housing through the use of a connecting rod (52) extending parallel to a longitudinal direction of the housing and passing through coaxial openings in a securing block positioned within the housing sleeve and the latching mechanism (Fig. 7, annotated below). Zheng further teaches the inclusion of a retaining ring (57) secured within a groove at a bottom of the rod which is of a diameter greater than the openings the rod passes through to help secure the rod in the housing sleeve preventing vertical movement and/or the rod falling out during installation/removal/transport (Figs. 6, 7; Annotated figures below. Translated Specification Para. 0063).
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It would have been obvious to one of ordinary skill in the art to provide a retaining ring within an annular groove at a bottom portion of the rod which has passed through the assembly/connection portion, as taught by Zheng, to prevent the components from vertically translating in an undesired/uncontrolled manner and/or to prevent accidental disassembly of the components during installation, removal and/or transport.
Allowable Subject Matter
Claims 3-7 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose a fixation structure for a faucet comprising a housing sleeve with a securing block having a positioning hole, a connecting rod extending through the hole to a connecting portion which supports a latch rotatable between parallel with and perpendicular to the connecting rod and a resilient member (spring) sleeved on the rod body with a top portion having a first hook and exposed through the positioning hole and a bottom portion near the connecting portion with a second hook.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
EP3048206 (Lin) teaches different embodiments of a faucet fixation structure comprising a housing sleeve with a securing block, a connecting rod and a pivoting latch member supported on a connecting member secured at a bottom end of the connecting rod however the fixation structures do not utilize a spring/resilient member sleeved on the connecting rod and extending through the positioning hole.
US 2007/0001067 (Becker) teaches a fixation structure for a faucet comprising a housing sleeve, a connecting rod, a spring and a latch member, the spring is sleeved on the connecting rod however the connecting rod directly engages the latch member instead of including an intermediate connecting member, the spring does not extend through the housing sleeve’s positioning hole and the latch member is pivoted before the connecting rod is inserted and is not rotatable with the rod inserted.
US 6,085,784 (Bloom) teaches a fixation structure for a faucet comprising a connecting rod which engages a connecting portion that supports a pivotable latch member that rotates between positions perpendicular to and parallel to the connecting rod however the device does not utilize a spring sleeved on the rod or a housing sleeve.
US 6,328,059 (Testori) teaches a fixing structure for a faucet comprising a housing sleeve, a connecting rod and a rotating latch member supported by a connecting member secured to the connecting rod however the structure does not utilize a resilient member/spring sleeved on the connecting rod and extending between the housing sleeve and connecting member.
US 7,698,755 (McNerney) teaches a faucet fixation structure comprising connecting rods that insert through another component and are secured to said component by a retaining ring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754