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 6 is objected to because of the following informality: both line 2 and line 8 contain a period. Examiner recommends correction by removing period in line 2.
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 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 recites the limitation “generally opposite” in line 2. The limitation “generally opposite” is an approximation that renders the scope of the claim indefinite, as the disclosure does not provide a definite standard for the exact meaning of the term “generally opposite” in the context of the claims.
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.
(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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Powers (US 5394899 A).
Regarding claim 1, Powers discloses a liquid dispensing device (apparatus 10; Fig. 1) having a tank of liquid (reservoir 12; Fig. 1) and a valve assembly (valve assembly 14; Fig. 1), the valve assembly comprising:
a float configured to rise with an increasing liquid level of a liquid (float 70; Fig. 1), wherein the float includes a float body (elongated valve tube 32; Fig. 1) with a float neck extending therefrom (cylindrical sidewall 34; Fig. 3);
a float stem affixed to the float and configured to move with the float (interconnect stem 71, valve shuttle 60; Fig. 3), wherein the float stem resides within the float neck (Fig. 3 shows interconnect stem 71 and valve shuttle 60 reside within cylindrical sidewall 34);
a first seal affixed to one end of the float stem (Fig. 3 shows a first O-ring 66 at one end of valve shuttle 60); and
a second seal on an opposing end of the float stem (Fig. 3 shows a second O-ring 66 at an opposing end of valve shuttle 60); and
wherein the valve assembly is configured such that upward movement of the float causes the float stem, the first seal, and the second seal to also move with the float (Figs. 3 and 4).
Regarding claim 2, Powers discloses the device of claim 1.
Powers discloses wherein the float body is hollow and open from a bottom (Fig. 3 shows elongated valve tube 32 is hollow and open from a bottom); and wherein the second seal resides within the float neck (Fig. 3 shows O-rings 66 reside within cylindrical sidewall 34).
Regarding claim 3, Powers discloses the device of claim 1.
Powers discloses wherein the float includes a float outlet and a float liquid guide (barb fitting 54, supply tube 16; Figs. 1 and 3); wherein the float outlet is formed as an opening in the float neck above the float body (barb fitting 54, elongated valve tube 32; Fig. 3); and wherein the float liquid guide is formed adjacent to the float outlet and on an upper surface of the float body (Fig. 3 shows supply tube 16 is adjacent to barb fitting 54 partially at an upper surface of elongated valve tube 32).
Regarding claim 4, Powers discloses the device of claim 1.
Powers discloses wherein the tank includes a fill extension (Fig. 3 shows central bore 38 of the valve body 30 is a fill extension); wherein the valve assembly is located within at least a portion of the fill extension (Fig. 3); and wherein the valve assembly is moveable within the fill extension to seal and unseal the tank (Figs. 3 and 4).
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.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Powers (US 5394899 A), as applied to claim 4, and further in view of Dutter (US 5839466 A).
Regarding claim 5, Powers discloses the device of claim 4.
Powers discloses wherein the fill extension extends from the tank from a valve seat to an outlet (Fig. 4 shows central bore 38 of the valve body 30 extends from the first O-ring seal 66 location above barb fitting 54 to outlet 45); wherein the first seal is located inside of an interior chamber of the tank and is configured to sit on the valve seat to seal the interior chamber (Fig. 4 shows first O-ring seal 66 seals interior chamber at location above barb fitting 54);
Powers, however, fails to specifically disclose wherein the second seal is located outside of the tank adjacent to the fill extension at the outlet and is configured to abut with the fill extension at the outlet to seal the fill extension.
Dutter is in the field of automatic watering devices and teaches wherein the second seal is located outside of the tank adjacent to the fill extension at the outlet and is configured to abut with the fill extension at the outlet to seal the fill extension (Figs. 1 and 2 show sealing members 102 and 104 are located outside of water source and pipe 34 and are adjacent outlet ports 86 in liquid control valve 48).
Therefore, it would have been obvious to one of ordinary skill in the art of automatic watering devices before the effective filing date of the claimed invention to modify the device of Powers such that the second seal is located outside of the tank adjacent to the fill extension at the outlet and is configured to abut with the fill extension at the outlet to seal the fill extension, as taught by the watering configuration of Dutter. The watering configuration would provide further separation between the water source and output reservoir, which would protect the valve from interference from animals while maintaining a supply of water. The modification would have a reasonable expectation of success.
Regarding claim 6, Powers in view of Dutter discloses the device of claim 5, and furthermore, the modified reference teaches wherein the liquid dispensing device comprises a reservoir and the reservoir is located below the tank (Dutter; Fig. 1A shows reservoir 18 below water source and pipe 34); wherein the valve assembly in an open position allows for the liquid to flow from the tank into the reservoir (Dutter; Fig. 3B shows valve assembly in open position with liquid flowing to reservoir 18); wherein while the liquid in the reservoir is at or below a float level, the first seal is distanced from the valve seat and the second seal is distanced from the outlet of the fill extension (Dutter; Fig. 3B); and wherein as the liquid in the reservoir rises above the float level, the first seal is moved further into the interior chamber of the tank and the second seal is moved closer to the outlet of the fill extension (Dutter; Fig. 3C and 3D).
Regarding claim 7, Powers in view of Dutter discloses the device of claim 6, and furthermore, the modified reference teaches wherein when the liquid in the reservoir reaches a choke level, the first seal is distanced from the valve seat while the second seal abuts with and seals the outlet of the fill extension; and wherein once the liquid reaches the choke level, the second seal prevents the liquid from flowing from the tank into the reservoir and prevents the liquid from the reservoir flowing into the tank (Dutter; Fig. 3C and 3D show first seal is distanced from the valve seat in control chamber 98 while sealing members 102 contact sealing surfaces 104, preventing liquid from flowing from pipe 34 to reservoir 18).
Regarding claim 8, Powers in view of Dutter discloses the device of claim 7.
Powers discloses wherein the tank is a fresh tank of liquid segregated from all other liquid in the liquid dispensing device (Col. 4, lines 9-17, “FIG. 1 shows a preferred embodiment of an apparatus 10 according to the present invention. The apparatus 10 includes a generally circular reservoir 12, a valve assembly 14 supported by the reservoir 12 and an actuator assembly 15 operatively interconnected with the valve assembly 14. A water supply tube 16 is provided to supply fresh water from an external source and is in fluid communication with the valve assembly 14 which will be explained more completely below”).
Claims 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Powers (US 5394899 A), as applied to claim 1, and further in view of Farris (US 20080190374 A1).
Regarding claim 17, Powers discloses the device of claim 1, however, Powers fails to specifically disclose wherein the liquid dispensing device includes a spout finger configured to attract and change a directional flow of water against a direction of gravity without the presence of a channel; wherein the spout finger is located adjacent to a spout of the liquid dispensing device; and wherein the spout finger includes a vertical portion and a curved portion.
Farris is in the field of automatic watering devices and teaches wherein the liquid dispensing device includes a spout finger configured to attract and change a directional flow of water against a direction of gravity without the presence of a channel (Fig. 3 shows line 60 is a spout finger that guides water against a direction of gravity); wherein the spout finger is located adjacent to a spout of the liquid dispensing device (Fig. 3 shows line 60 is located adjacent nozzle 20); and wherein the spout finger includes a vertical portion and a curved portion (Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art of automatic watering devices before the effective filing date of the claimed invention to modify the device of Powers such that the liquid dispensing device includes a spout finger configured to attract and change a directional flow of water against a direction of gravity without the presence of a channel; wherein the spout finger is located adjacent to a spout of the liquid dispensing device; and wherein the spout finger includes a vertical portion and a curved portion, as taught by the watering configuration of Farris. The watering configuration would provide a spout finger for more effective delivery of water, which would improve the overall function of the device. The modification would have a reasonable expectation of success.
Regarding claim 20, Powers in view of Farris discloses the device of claim 17, and furthermore, the modified reference teaches wherein the liquid dispensing device includes a serving bowl and the curved portion of the spout finger is located over the serving bowl (Farris; Fig. 3 shows line 60 is located above basin 14); and wherein the flow of the liquid follows a contour of the spout finger and flows at or near horizontal above the serving bowl before turning downward into the serving bowl (Fig. 3).
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Powers (US 5394899 A) in view of Farris (US 20080190374 A1), as applied to claim 17, and further in view of Clifford et al. (US 3334789 A), hereinafter Clifford.
Regarding claim 18, Powers in view of Farris discloses the device of claim 17, however, the modified reference fails to specifically disclose wherein a wicking projection extends along a length of the spout finger, including along both the vertical portion and the curved portion; and wherein the wicking projection is configured to attract the flow of the liquid from the spout such as to follow a profile of the spout finger.
Clifford is in the field of automatic water dispensers and teaches wherein a wicking projection extends along a length of the spout finger, including along both the vertical portion and the curved portion; and wherein the wicking projection is configured to attract the flow of the liquid from the spout such as to follow a profile of the spout finger (Figs. 2 and 3 show wick 28 is located within and follows the profile of tube 22 along its entire length).
Therefore, it would have been obvious to one of ordinary skill in the art of automatic watering devices before the effective filing date of the claimed invention to modify the device of Powers in view of Farris such that a wicking projection extends along a length of the spout finger, including along both the vertical portion and the curved portion; and wherein the wicking projection is configured to attract the flow of the liquid from the spout such as to follow a profile of the spout finger, as taught by the wick configuration of Clifford. The wick located within the spout finger would provide improved control over water delivery, which would improve the overall function of the device. The modification would have a reasonable expectation of success.
Regarding claim 19, Powers in view of Farris and Clifford discloses the device of claim 18, and furthermore, the modified reference teaches wherein the wicking projection is a protrusion along a rear of the spout finger (Clifford; Fig. 2 shows wick 28 is a protrusion along the rear of tube 22 along its); and wherein the protrusion has an outwardly curved profile (Clifford; Fig. 2 shows wick 28 has outwardly curved profile); wherein the wicking projection at the vertical portion faces and protrudes toward the spout (Clifford; Fig. 2); and wherein the wicking projection is configured to attract the flow of liquid and redirect the flow of the liquid at an angle relative to the direction of gravity (Clifford; Fig. 2).
Allowable Subject Matter
Claim 21 is allowed.
Claims 9-16 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 prior art of reference fails to disclose or make obvious the combined limitations of Applicant’s claimed invention. Regarding the structure of claim 9, wherein the liquid dispensing device includes an actuator assembly and a carousel; wherein the actuator assembly is configured to move the valve assembly between an open position and a closed position; wherein the actuator assembly includes a yoke and a rotatable mount; wherein the yoke includes one or more tangs configured to receive a torque in one or more directions; wherein the one or more tangs are configured to receive torque from the carousel; and wherein the rotatable mount includes one or more actuator tabs projecting therefrom, the most relevant art is Powers (US 5394899 A), as the art contains what could be considered a liquid dispensing device with an actuator assembly and valve assembly that moves between an open and closed position. Powers, however, fails to disclose a yoke or a rotatable mount that receives torque from a carousel. Dutter (US 5839466 A) is also relevant art, as the art contains what could be considered a liquid dispensing device with an actuator assembly and valve assembly that moves between an open and closed position, however, Dutter also fails to disclose a yoke or a rotatable mount that receives torque from a carousel. Other art such as Farris (US 20080190374 A1) and Clifford (US 3334789 A) are relevant due to having liquid dispensing devices, however the art fails to disclose the structure recited in claim 9.
Regarding the structure of claim 21, the most relevant art is Riva (US 11026400 B1), as the art contains what could be considered a liquid dispensing device that comprises one or more carousels having one or more circulation tubs and one or more empty tubs, wherein the one or more carousels are configured to rotate about a rotational axis of the one or more carousels. Riva, however, fails to disclose other claimed structures such as a float configured to rise with an increase liquid level, a valve assembly, a first and second seal on opposing ends of a float stem, and wherein the valve assembly is configured such that upward movement of the float causes the float stem, the first seal, and the second seal to also move with the float. Powers and Dutter contain some of the above structures not disclosed by Riva, however Powers and Dutter fail to disclose a carousel structure, and one of ordinary skill in the art of water dispensers would not have found it obvious to combine the device of Powers or Dutter with the carousel of Riva, as there would be no motivation to do so, nor would such a combination have a reasonable expectation of success.
Therefore, the prior art of record while teaching some aspects of the claimed invention fail to cure the deficiencies of each other in a manner that would render the claim obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Or, US 20090064938 A1, discusses an extended time low-tech animal feeder.
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/S.T.C./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
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