DETAILED ACTION
This application is a continuation of #18/752,550 (now a US Patent 12,391,536) with 20 pending claims. This communication is in response to claim set filed on 07/29/2025, which are examined on the merits. This action is non-final.
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-5, 7, 9-13, and 15-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. PN 12,391,536.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are obvious over the claims of the granted US patent. The specific relationship between two claim sets is discussed in detail below.
Claim 1 of the instant application is taught by the subject matter of claim 1 of the US Patent which teaches that that the flow control valve can determine when a first threshold is met. The language in the claim of the instant application recites that the flow control valve can determine when a plurality of thresholds are met. However, such matter is obvious over the teaching of the claim of the US Patent.
The subject matter of claim 2 of the instant application is taught by claim 1 of the US Patent;
The subject matter of claim 3 of the instant application is taught by claim 2 of the US Patent;
The subject matter of claims 4 and 5 of the instant application is taught by claim 8 of the US Patent;
The subject matter of claim 7 of the instant application is taught by claim 1 of the US Patent;
Claim 9 of the instant application is taught by the subject matter of claim 10 of the US Patent which teaches that that the flow control valve can determine when a first threshold is met. The language in the claim of the instant application recites that the flow control valve can determine when a plurality of thresholds are met. However, such matter is obvious over the teaching of the claim of the US Patent.
The subject matter of claim 10 of the instant application is taught by claim 10 of the US Patent;
The subject matter of claim 11 of the instant application is taught by claim 11 of the US Patent;
The subject matter of claim 12 of the instant application is taught by claim 12 of the US Patent;
The subject matter of claim 13 of the instant application is taught by claims 12 and 13, combined, of the US Patent;
The subject matter of claim 15 of the instant application is taught by claim 15 of the US Patent;
The subject matter of claim 16 of the instant application is taught by claims 16 and 17, combined, of the US Patent; and
The subject matter of claim 17 of the instant application is taught by claims 19 and 13, combined, of the US Patent.
Allowable Subject Matter
Claims 6, 8, 14, and 18-20 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. The following documents disclose subject matter related to water dispensing and flow measuring mechanisms including flow control valves and controller circuits: US PG PUB 2001/0050248, US PN 6,517,707, and US PG PUB 2010/0024541.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 pm).
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/Vishal Pancholi/Primary Examiner, Art Unit 3754