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 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 3, 6, 15, and 16 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 3, the limitation “the manifold chamber central axis” has insufficient antecedent basis for this limitation in the claim since the limitation was previously introduced in nondependent claim 2, and the limitation “the pressure balancing cavity central axis” has insufficient antecedent basis for this limitation in the claim since the limitation was also previously introduced in nondependent claim 2.
Regarding claim 6, the limitation “the proximate end” has insufficient antecedent basis for this limitation in the claim since the limitation was previously introduced in nondependent claim 4.
Regarding claim 15, the limitation “the hot water cavity” has insufficient antecedent basis for this limitation in the claim, and the limitation “the cold water cavity” has insufficient antecedent basis for this limitation in the claim.
Regarding claim 16, the limitation “the manifold outlet” has insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 3-4, 6, 8-9, 11, 14-15, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (Pub. No. US 2006/0260682).
Regarding claim 1, Yang discloses a thermostatic pressure balance valve assembly (Figs. 1-8), comprising a manifold (10); a thermostatic valve (30); and pressure balancing device (20), wherein the manifold (10) comprises a hot water inlet (12) configured to receive hot water from a hot water source (paragraph 17), a cold water inlet (11) configured to receive cold water from a cold water source (paragraph 17), a central chamber (16), and a pressure balancing cavity (15), the thermostatic valve (30) is positioned in the manifold central chamber (16), and the pressure balancing device (20) is positioned in the pressure balancing cavity (15).
Regarding claim 3, Yang discloses the thermostatic pressure balance valve assembly (Figs. 1-8), wherein the hot water inlet (12) and the cold water inlet (11) each comprise a central axis (horizontal axis, Fig. 2), and the hot water inlet central axis and the cold water inlet central axis are perpendicular (Fig. 2) to the manifold chamber central axis (vertical axis, Fig. 2) and to the pressure balancing cavity central axis (vertical axis, Fig. 2).
Regarding claim 4, Yang discloses the thermostatic pressure balance valve assembly (Figs. 1-8), wherein the manifold (10) comprises a proximate end (top end, Fig. 2) and a distal end (bottom end, Fig. 2), the manifold central chamber (16) extends from the proximate end towards the distal end (Fig, 2), the hot water inlet (12) and the cold water inlet (11) are positioned towards the distal end (bottom end, Fig. 2), and the pressure balancing cavity (15) is positioned adjacent (adjacent fluid channels, Fig. 2) to the hot water inlet (12) and the cold water inlet (11), and nearer the manifold proximate end (Fig. 2) than are the hot water inlet (12) and the cold water inlet (Fig. 2).
Regarding claim 6, Yang discloses the thermostatic pressure balance valve assembly (Figs. 1-8), wherein the proximate end (top end, Fig. 2) of the manifold (10) comprises a threaded surface (paragraph 22), the manifold threaded surface is threadingly coupled to a bonnet nut (31), and the bonnet nut is configured to secure the thermostatic valve (30) in the manifold central chamber (16).
Regarding claim 8, Yang discloses the thermostatic pressure balance valve assembly (Figs. 1-8), wherein the hot water inlet (12) and the cold water inlet (11) are positioned at opposing sides (Fig. 2) of the manifold (10), the hot water inlet (12) is associated with a hot water cavity (Fig. 2) and the cold water inlet (11) is associated with a cold water cavity (Fig. 2), the hot water cavity and the cold water cavity are in fluid communication (Fig. 2) with the pressure balancing cavity (15), and the hot water cavity and the cold water cavity are blind cavities (Fig. 2).
Regarding claim 9, Yang discloses the thermostatic pressure balance valve assembly (Figs. 1-8), wherein the hot water inlet (12) is associated with a hot water cavity (Fig. 2) and the cold water inlet (11) is associated with a cold water cavity (Fig. 2), and the hot water cavity and the cold water cavity each comprise a check valve (171 and 181), and the check valves (171 and 181) are configured to prevent cross-flow between hot and cold water source lines.
Regarding claim 11, Yang discloses the thermostatic pressure balance valve assembly (Figs. 1-8), wherein the manifold (10) comprises a hot water passage (152) configured to deliver hot water (paragraph 23) from the balancing cavity (15) to the thermostatic valve (30), and a cold water passage (151) configured to deliver cold water (paragraph 23) from the balancing cavity (20) to the thermostatic valve (30).
Regarding claim 14, Yang discloses the thermostatic pressure balance valve assembly (Figs. 1-8), wherein the manifold (10) comprises a central passage (131) configured to deliver hot/cold mixed water (paragraph 18) from the thermostatic valve (30) to a manifold outlet (13 or 14).
Regarding claim 15, Yang discloses the thermostatic pressure balance valve assembly (Figs. 1-8), wherein the hot water cavity (Fig. 2) and the cold water cavity (Fig. 2) are configured to deliver hot and cold source water (paragraph 23) to the pressure balancing cavity (15), the pressure balancing device (20) is configured to balance the pressure of the hot water and the cold water (paragraph 24), the pressure balancing cavity (15) is configured to deliver pressure balanced hot and cold source water (paragraph 24) to the thermostatic valve (30), the thermostatic valve (30) is configured to mix the pressure balanced hot and cold source water to a set temperature (paragraph 24), and the thermostatic valve (30) is configured to deliver the mixed water (paragraph 18) to a manifold outlet (13 or 14).
Regarding claim 18, Yang discloses a manifold (10) for a thermostatic pressure balance valve assembly (Figs. 1-8), wherein the manifold (10) comprises a hot water inlet (12) configured to receive hot water from a hot water source (paragraph 17), a cold water inlet (11) configured to receive cold water from a cold water source (paragraph 17), a central chamber (16), and a pressure balancing cavity (15), the central chamber (16) is configured to (paragraph 24) receive a thermostatic valve (30), and the pressure balancing cavity (15) is configured to have a pressure balancing device (20) positioned therein (paragraph 23).
Regarding claim 20, Yang discloses the manifold (10), wherein the manifold (10) comprises a proximate end (top end, Fig. 2) and a distal end (bottom end, Fig. 2), the manifold central chamber (16) extends from the proximate end towards the distal end (Fig. 2), the hot water inlet (12) and the cold water inlet (11) are positioned towards the distal end (Fig. 2), and the pressure balancing cavity (15) is positioned adjacent (adjacent fluid channels, Fig. 2) to the hot water inlet (12) and the cold water inlet (11), and nearer the manifold proximate end (Fig. 2) than are the hot water inlet (12) and the cold water inlet (11).
Claim(s) 1-2, 4, 11, and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tarzia (U.S. Patent No. 6,546,948).
Regarding claim 1, Tarzia discloses a thermostatic pressure balance valve assembly (Figs. 1-28), comprising a manifold (10); a thermostatic valve (14, Column 3 lines 51-59); and pressure balancing device (38, Column 4 line 49-Column 5 line 32) , wherein the manifold (10) comprises a hot water inlet (20) configured to receive hot water from a hot water source (Column 6 line 66-Column 7 line 23), a cold water inlet (22) configured to receive cold water from a cold water source (Column 6 line 66-Column 7 line 23), a central chamber (upper chamber in housing 15, Fig. 1), and a pressure balancing cavity (36), the thermostatic valve (14) is positioned in the manifold central chamber (Fig. 1), and the pressure balancing device (38) is positioned in the pressure balancing cavity (36).
Regarding claim 2, Tarzia discloses the thermostatic pressure balance valve assembly (Figs. 1-28), wherein the manifold chamber comprises a central axis (vertical axis, Fig. 1), the pressure balancing cavity (36) comprises a central axis (horizontal axis, Fig. 1), and the manifold chamber central axis and the pressure balancing cavity central axis are perpendicular (Fig. 1).
Regarding claim 4, Tarzia discloses the thermostatic pressure balance valve assembly (Figs. 1-28), wherein the manifold (10) comprises a proximate end (top end, Fig. 1) and a distal end (bottom end, Fig. 1), the manifold central chamber (top chamber, Fig. 1) extends from the proximate end towards the distal end (Fig. 1), the hot water inlet (20) and the cold water inlet (22) are positioned towards the distal end (Fig. 1), and the pressure balancing cavity (36) is positioned adjacent to the hot water inlet and the cold water inlet (Fig. 1), and nearer the manifold proximate end (Fig. 1) than are the hot water inlet (20) and the cold water inlet (22).
Regarding claim 11, Tarzia discloses the thermostatic pressure balance valve assembly (Figs. 1-28), wherein the manifold (10) comprises a hot water passage (24) configured to (Column 5 lines 33-51) deliver hot water from the balancing cavity (36) to the thermostatic valve (14), and a cold water passage (26) configured to (Column 5 lines 33-51) deliver cold water from the balancing cavity (36) to the thermostatic valve (14).
Regarding claim 14, Tarzia discloses the thermostatic pressure balance valve assembly (Figs. 1-28), wherein the manifold (10) comprises a central passage (28) configured to (Column 3 line 66-Column 4 line 10) deliver hot/cold mixed water from the thermostatic valve (14) to a manifold outlet (30).
Regarding claim 15, Tarzia discloses the thermostatic pressure balance valve assembly (Figs. 1-28), wherein the hot water cavity (Fig. 1) and the cold water cavity (Fig. 1) are configured to deliver hot and cold source water (Column 3 line 66-Column 4 line 31) to the pressure balancing cavity (36), the pressure balancing device (38) is configured to balance the pressure of the hot water and the cold water (Column 4 line 49-Column 5 line 32), the pressure balancing cavity (36) is configured to deliver pressure balanced hot and cold source water to the thermostatic valve (14), the thermostatic valve (14) is configured to mix the pressure balanced hot and cold source water to a set temperature (Column 3 lines 52-59), and the thermostatic valve (14) is configured to deliver the mixed water to a manifold outlet (30).
Regarding claim 16, Tarzia discloses a thermostatic pressure balance rough-in valve assembly (Figs. 1-28) comprising a rough-in valve (160) and the thermostatic pressure balance valve assembly (10), wherein the rough-in valve (160) comprises a central chamber (Fig. 12), a hot water inlet (16), a cold water inlet (18), and an outlet (168), the thermostatic pressure balance valve assembly (10) is positioned in the rough-in valve central chamber (Fig. 12), the rough-in valve hot water inlet (16) is aligned with and in fluid communication (Column 6 line 66-Column 7 line 23) with the manifold hot water inlet (20), the rough-in valve cold water inlet (18) is aligned with and in fluid communication (Column 6 line 66-Column 7 line 23) with the manifold cold water inlet (22), and the rough-in valve outlet (30) is in fluid communication (Column 6 line 66-Column 7 line 23) with the manifold outlet (168).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tarzia (U.S. Patent No. 6,546,948) in view of SHI et al. (Pub. No. US 2019/0017253).
Regarding claim 5, Tarzia discloses the essential features of the claimed invention but lacks disclosure wherein the pressure balancing device comprises a ceramic spool.
Shi et al. teach a manifold (Figs. 1-3) comprising a central chamber (upper chamber, Fig. 3) for a mixing valve (6), and a pressure balancing cavity (Fig 3) for a pressure balancing device (2), wherein the pressure balancing device (2) comprises a ceramic spool (paragraph 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pressure balancing device of Tarzia with a ceramic spool as taught by SHI et al. for the advantage of greatly reducing the scale generation and extending the service life of the pressure balance device (paragraph 21).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tarzia (U.S. Patent No. 6,546,948) in view of Lin (Pub. No. US 2011/0174888).
Regarding claim 7, Tarzia discloses the essential features of the claimed invention but lacks disclosure wherein the pressure balancing cavity comprises opposing open ends, an end cap is positioned in each pressure balancing cavity open end, or an end cap is positioned in one open end and a filter cup is positioned in the other open end, and the end caps and filter cup are configured to seal off the pressure balancing cavity and to hold the pressure balancing device in place.
Lin teaches a manifold (Figs. 1-8) comprising a pressure balancing cavity (22) for a pressure balancing device (30), wherein the pressure balancing cavity (22) has opposing open ends (Fig. 2) that each have an end cap (23) positioned in a respective end (Fig. 4) to seal off the pressure balancing cavity (22) and hold the pressure balancing device (30) in place (Fig. 4, paragraph 26).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pressure balancing device of Tarzia with a pressure balancing device cavity having end caps as taught by Lin, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tarzia (U.S. Patent No. 6,546,948).
Regarding claim 10, Tarzia discloses the essential features of the claimed invention but lacks disclosure wherein the manifold comprises a molded thermoplastic.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the manifold of Tarzia to be a molded thermoplastic, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (Pub. No. US 2006/0260682) in view of Izzy et al. (Pub. No. US 2011/0126919).
Regarding claims 12 and 19, Yang discloses the essential features of the claimed invention but lack disclosure wherein the manifold comprises a circumferential groove configured to receive an annular-shaped filter screen, the filter screen configured to filter cold source water prior to entering the thermostatic valve.
Izzy et al. teach a manifold (Figs. 1-11) comprising a thermostatic valve (20), having a circumferential groove (where the openings 86 or 88 are located as illustrated in Fig. 5) configured to receive an annular shaped filter screen (paragraph 28) to filter the cold water source prior to entering the thermostatic valve (20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the manifold of Yang with a filter screen as taught by Izzy et al. for the advantage of removing any debris or particles from the cold water flow in a known matter.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tarzia (U.S. Patent No. 6,546,948) in view of Johnson et al. (Pub. No. US 2020/0040557).
Regarding claim 17, Tarzia a shower valve assembly (Figs. 1-28) having a thermostatic pressure balance rough in valve (160), but lacks disclosure of a diverter rough-in valve wherein the diverter rough-in valve is configured to receive a diverter valve, the diverter rough-in valve comprises an inlet and two or more outlets, and the thermostatic pressure balance rough-in valve assembly outlet is coupled to the diverter rough-in valve inlet.
Johnson et al. teach a shower valve assembly (Figs. 1-17) comprising a thermostatic pressure balance valve assembly (14) connected to a diverter valve assembly (16), wherein the diverter assembly (16) comprises a diverter valve (80) having an inlet (40) in fluid communication (paragraph 33) with an outlet (38) of a thermostatic pressure balance valve (52) and two outlets (42 and 44) controlled by the diverter valve (80).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shower valve assembly of Tarzia, with a diverter valve as taught by Johnson et al. for the advantage of defining and controlling the state or mode of operation of the shower assembly from either the tub spout or showerhead (paragraphs 47-50).
Allowable Subject Matter
Claim 13 is 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.
Niver (U.S. Patent No. 9,416,884) disclose a thermostatic pressure balance valve assembly having a similar manifold with a central chamber and pressure balancing cavity.
Chen (U.S. Patent No. 6,267,134) disclose a pressure balance valve assembly, having a manifold with a central chamber and a perpendicular pressure balancing cavity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753