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 .
DETAILED ACTION
This is responsive to the claims filed 9/9/2025. Claims 1 – 13 are pending in this application.
Information Disclosure Statement
The information disclosure statement filed 9/9/2025 is acknowledged by the examiner.
Specification
The disclosure is objected as being so incomprehensible as to preclude a reasonable search of the prior art by the examiner.
A substitute specification in proper idiomatic English and in compliance with 37 CFR 1.52(a) and (b) is required. The substitute specification filed must be accompanied by a statement that it contains no new matter.
The specification is replete with run-on sentences, uses uncommon terms without defining them and drawings comprising handwritten reference numbers that are incomprehensible.
For example, “thermostat mixing valve selected as an exemplary embodiment according to Figure 1 has a head piece 1 that holds a spindle guide 2 on an end side, in which guide a spindle 3 is guided so as to rotate and radially, and which guide is connected, in a torque-proof manner, to a holding ring 4, which ring is arranged on the head piece 1 on the end side. The spindle 3 is connected, in a torque-proof manner, to a threaded sleeve 5, which is arranged in the head piece 1, by way of a pressure piece 51, so as to be axially movable. The pressure piece 51 stands in connection with a cone 6 that is axially guided in the head piece 1.” It is not clear what “is guided so as to rotate and radially”, “torque-proof manner” and “pressure piece” means.
Further “its end that faces away from the spindle 3, the head piece 1 is screwed into a passage sleeve 7, in which a carriage 8 is arranged so as to move, which carriage is connected to a thermal element 9. At its end that lies opposite the spindle 3, a bottom piece 71 is screwed into the passage sleeve 7.” It is not clear what the several “its” are referring to.
The specification refers to reference numbers that are in eight different figures with no suggestion as which figure the reference number is located.
It is not clear what “a puncture 32 for holding a securing ring 321” means. “The thread sleeve 5 is screwed into the pressure piece 51 by way of the first outside thread, which piece is provided with an inside thread for this purpose”, it is not clear what applicant is referring with the term “which piece”.
The ENTIRE specification needs to amended with proper idiomatic English.
This is office action is based on the best understanding of the disclosure.
Drawings
The drawings are objected to because the handwritten reference numbers are incomprehensible. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should 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 an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means for limiting” in claim 1.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claim 1 and 13 rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication to Banks et al. (2022/0146002).
Regarding claim 1, Banks et al. disclose a sanitary fitting, having a head piece through which a spindle (410, Fig. 19) passes, wherein the spindle is arranged to rotate in the head piece but is axially fixed in place, and wherein the spindle is connected to a valve element that is controllable by way of the spindle (410, Fig. 19), wherein means for limiting the maximum rotation angle of the spindle (412a, 412b, Fig. 19), in manner that can be overcome, are provided, wherein the means comprise at least one resiliently mounted locking element (420, Fig. 19( that engages into a recess arranged in the spindle, in a defined rotational position of the spindle.
Regarding claim 13, Banks et al. disclose valve element – shown in figure 17 below reference number 411, is a control disk that can be rotated, by way of the spindle, relative to an inlet disk – valve seat shown in figure 17 - that is arranged fixed in place.
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 2 – 4 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Banks et al. (2022/0146002) in view of European Patent Document to Gili Martinez (EP 3086010).
Regarding claims 2 - 4, Banks et al. do not disclose an annular spring surrounding the spindle which biases the locking element against the spindle, the locking element being a cylindrical body located in a cylindrical holder.
However, Gili Martinez also teaching a sanitary valve, teaches an annular spring (10, Fig. 1) biasing cylindrical locking element (9, Fig. 1) that engages the recess (11, Fig. 1) to limit movement and avoid scalding.
Therefore, it would have been obvious to the person having ordinary skill in the art at a time prior to the effective filing date of the application to have modified the valve disclosed by Banks et al. with the cylindrical locking element biased by an annular spring as a simple substitution of one known element for another to obtain predictable results.
In the combination of the prior art elements, one of ordinary skill in the art would have reasonably expected the elements to maintain their respective properties or functions.
Allowable Subject Matter
Claims 5 – 12 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent to Fleet (6,283,447) and US Patent Application Publication to Torres et al. (2023/0183953) both disclosing sanitary valves.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UMASHANKAR VENKATESAN whose telephone number is (571)270-5602. The examiner can normally be reached Monday - Friday 9:30 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisors 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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/UMASHANKAR VENKATESAN/
Primary Examiner, Art Unit 3753
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