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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 21 Feb 2025, 6 Nov 2025, and 24 June 2026 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Amendment
The preliminary amendment dated 24 June 2026 is noted.
Claims 1-9 are cancelled and Claims 10-19 remain pending.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 13-16 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.
Claim 13 recites the limitation “a temperature sensor that detects a water temperature, … the controller is further configured to execute controlling for spouting water from the second water spout part, in a case where a water temperature detected by the temperature sensor during spouting water is a predetermined temperature or higher”. Since Claim 13 depends on Claim 10, it is unclear how the controller is configured to control the water temperature based on feedback from a temperature sensor, as well as “the controller is further configured to: execute no feedback control in spouting water” as required by Claim 10. Therefore, Claim 13 is unclear.
Claim 14 recites the limitation “a temperature sensor that detects a water temperature, … the controller is further configured to execute controlling for spouting water from the second water spout part, in a case where a water temperature detected by the temperature sensor during spouting water is a predetermined temperature or higher”. Since Claim 14 depends on Claim 11, it is unclear how the controller is configured to control the water temperature based on feedback from a temperature sensor, as well as “the controller is further configured to: execute no feedback control in spouting water” as required by Claim 11. Therefore, Claim 14 is unclear.
Claim 15 recites the limitation “a temperature sensor that detects a water temperature, wherein the controller is further configured to drive the actuator such that the valve body moves in a direction for reducing an open degree of the hot water inlet, in a case where a water temperature detected by the temperature sensor during spouting water is a predetermined temperature or higher”. Since Claim 15 depends on Claim 10, it is unclear how the controller is configured to control the water temperature based on feedback from a temperature sensor, as well as “the controller is further configured to: execute no feedback control in spouting water” as required by Claim 10. Therefore, Claim 15 is unclear.
Claim 16 recites the limitation “a temperature sensor that detects a water temperature, wherein the controller is further configured to drive the actuator such that the valve body moves in a direction for reducing an open degree of the hot water inlet, in a case where a water temperature detected by the temperature sensor during spouting water is a predetermined temperature or higher”. Since Claim 16 depends on Claim 11, it is unclear how the controller is configured to control the water temperature based on feedback from a temperature sensor, as well as “the controller is further configured to: execute no feedback control in spouting water” as required by Claim 11. Therefore, Claim 16 is unclear.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 10-11 and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eki et al (US 5511723).
Regarding Claim 10, Eki et al disclose a faucet device (Figure 5; Col 8, lines 18-19). The faucet device comprising:
a water spout part (the outlet of Mixture of hot water and cold water shown in Figure 5; Col 8, lines 61-65) that spouts water towards an interior of a bathroom (via shower 130 or faucet 140 of Figure 6, in which the mixing valve MV5 of Figure 5 is used for mixing valve 60 of Figure 6),
a hot water and cold water mixing unit (MV5) that mixes hot water and cold water (Figure 5) to be supplied to the water spout part (the outlet of Mixture of hot water and cold water shown in Figure 5; Col 8, lines 61-65);
an actuator (105 of spring load adjustment mechanism 100/M51) that causes the hot water and cold water mixing unit to operate (Col 17, line 66 - Col 18, line 1);
a controller (150/M54) configured to control driving of the actuator (105 of spring load adjustment mechanism 100/M51; Col 18, lines 64-67); and
an operation unit (170/Target Temperature; Col 15, lines 8-9) configured to transmit information on a set temperature to the controller based on an operation of a user (Col 15, lines 8-9),
wherein the hot water and cold water mixing unit (MV5) includes:
a body casing (Figure 5) in which a cold water inlet (Figure 5), a hot water inlet (Figure 5), and a mixed hot water and cold water outlet (Figure 5) are formed;
a thermo-sensitive energizing part (SP51) whose energizing force changes depending on a temperature of mixed hot water and cold water to be capable of adjusting open degrees of the hot water inlet and the cold water inlet (Col 8, lines 23-31); and
a valve body (the moveable valve disk of Figure 5) that is incorporated into the body casing to be able to slide along an axial direction of the body casing to be capable of adjusting the open degrees of the hot water inlet and the cold water inlet (Col 8, lines 23-31), and
the controller (150/M54) is further configured to:
execute no feedback control in spouting water (Figure 5 with no feedback from the outlet to the controller); and
drive the actuator to a predetermined position or by a predetermined drive amount which corresponds to the set temperature (via M54 and M51), in receiving the information on the set temperature, to adjust a position of the valve body in an axial direction of the valve body (Col 8, lines 23-31), wherein
the controller (150/M54) is further configured to
drive the actuator after changing the set temperature until next changing the set temperature not to change an open degree of the valve body (Col 8, lines 45-50; adjustment means M51 sets the initial position with further adjustment done by the spring SP51; Col 8, lines 23-31).
Regarding Claim 11, Eki et al disclose a faucet device (Figure 5; Col 8, lines 18-19). The faucet device comprising:
a water spout part (the outlet of Mixture of hot water and cold water shown in Figure 5; Col 8, lines 61-65) that spouts water towards an interior of a bathroom (via shower 130 or faucet 140 of Figure 6, in which the mixing valve MV5 of Figure 5 is used for mixing valve 60 of Figure 6),
a hot water and cold water mixing unit (MV5) that mixes hot water and cold water (Figure 5) to be supplied to the water spout part (the outlet of Mixture of hot water and cold water shown in Figure 5; Col 8, lines 61-65);
an actuator (105 of spring load adjustment mechanism 100/M51) that causes the hot water and cold water mixing unit to operate (Col 17, line 66 - Col 18, line 1);
a controller (150/M54) configured to control driving of the actuator (105 of spring load adjustment mechanism 100/M51; Col 18, lines 64-67); and
an operation unit (170/Target Temperature; Col 15, lines 8-9) configured to transmit information on a set temperature to the controller based on an operation of a user (Col 15, lines 8-9),
wherein the hot water and cold water mixing unit (MV5) includes:
a body casing (Figure 5) in which a cold water inlet (Figure 5), a hot water inlet (Figure 5), and a mixed hot water and cold water outlet (Figure 5) are formed;
a thermo-sensitive energizing part (SP51) whose energizing force changes depending on a temperature of mixed hot water and cold water to be capable of adjusting open degrees of the hot water inlet and the cold water inlet (Col 8, lines 23-31); and
a valve body (the moveable valve disk of Figure 5) that is incorporated into the body casing to be able to slide along an axial direction of the body casing to be capable of adjusting the open degrees of the hot water inlet and the cold water inlet (Col 8, lines 23-31), and
the controller (150/M54) is further configured to:
execute no feedback control in spouting water (Figure 5 with no feedback from the outlet to the controller); and
drive the actuator to a predetermined position or by a predetermined drive amount which corresponds to the set temperature (via M54 and M51), in receiving the information on the set temperature, to adjust a position of the valve body in an axial direction of the valve body (Col 8, lines 23-31), wherein
the actuator (105) is a motor (Col 17, line 66 - Col 18, line 1), and
the controller (150/M54) is further configured to
release excitation of the motor after driving the motor to the predetermined position or by the predetermined drive amount (Col 8, lines 45-50; adjustment means M51 sets the initial position with further adjustment done by the spring SP51; Col 8, lines 23-31).
Regarding Claim 15, Eki et al disclose a temperature sensor (110; Figure 6) that detects a water temperature (Col 14, line 67 – Col 15, line 4), wherein the controller (150/M54) is further configured to drive the actuator such that the valve body moves in a direction for reducing an open degree of the hot water inlet, in a case where a water temperature detected by the temperature sensor during spouting water is a predetermined temperature or higher (Col 17, lines 15-30; Col 23, lines 55-61).
Regarding Claim 16, Eki et al disclose a temperature sensor (110; Figure 6) that detects a water temperature (Col 14, line 67 – Col 15, line 4), wherein the controller (150/M54) is further configured to drive the actuator such that the valve body moves in a direction for reducing an open degree of the hot water inlet, in a case where a water temperature detected by the temperature sensor during spouting water is a predetermined temperature or higher (Col 17, lines 15-30; Col 23, lines 55-61).
Regarding Claim 17, Eki et al disclose where the operation unit (170/Target Temperature; Col 15, lines 8-9) regulates changing of the set temperature to a predetermined temperature or higher, in a case where the operation unit is continuously operated to increase the set temperature within a predetermined time interval (Col 24, lines 5-12).
Regarding Claim 18, Eki et al disclose where the operation unit (170/Target Temperature; Col 15, lines 8-9) regulates changing of the set temperature to a predetermined temperature or higher, in a case where the operation unit is continuously operated to increase the set temperature within a predetermined time interval (Col 24, lines 5-12).
Regarding Claim 19, Eki et al disclose where the controller (150/M54) is further configured to be capable of executing a calibration mode (Figure 13) for adjusting setting of the predetermined position or the predetermined drive amount depending on at least one of an installation environment and a product variation (Col 19, lines 9-14),
the actuator (105) is a motor (Col 17, line 66 – Fol 18, line 1),
the controller (150/M54) is further configured to drive the motor while spouting water from the water spout part to execute the calibration mode (via steps s100-s230), and
the controller is further configured to release excitation of the motor after driving the motor during the calibration mode (steps s240-s250).
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eki et al (US 5511723) in view of Saleem et al (US 20210207347).
Regarding Claim 12, Eki et al disclose where the motor (105) and the valve body (the moveable valve disk of Figure 5) are fixed in an aligned state (Figure 5 along the same axis), but fails to expressly disclose where the motor is a stepping motor.
Saleem et al teaches a faucet device (abstract) with a valve body (within 365) and a motor (375; ¶ 103) where the motor is a stepping motor (¶ 103).
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 motor of Eki et al with the stepping motor as taught by Saleem et al for the advantage of combining prior art elements according to known methods (a stepping motor for a motor in a faucet device) to yield predictable results (to control the position of a valve body within a valve).
Allowable Subject Matter
Claim 13-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE GARDNER whose telephone number is (571)270-0144. The examiner can normally be reached Monday - Friday 8AM-4PM EST.
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/NICOLE GARDNER/
Examiner, Art Unit 3753
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