www.uspto.gov
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/426,715
`
`07/29/2021
`
`David SLAGLEY
`
`25040-5941 (81361549)
`
`2349
`
`ver
`
`wl
`
`KO.
`
`Eversheds Sutherland (US) LLP KO
`999 Peachtree Street NE
`Suite 2300
`Atlanta, GA 30309
`
`CARROLL, JEREMY W
`
`3754
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/02/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`patentdocket @ eversheds-sutherland.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/426,715
`SLAGLEYetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`JEREMY W CARROLL
`3754
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 8/4/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-14 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C) Claim(s)__ is/are allowed.
`Claim(s) 1-14 is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj} Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)¥} The specification is objected to by the Examiner.
`11) The drawing(s) filed on 8/4/2022 is/are: a)¥) accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.2) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) ([] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20221028
`
`

`

`Application/Control Number: 17/426,715
`Art Unit: 3754
`
`Page 2
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`DETAILED ACTION
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`Specification
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`The specification is objected to asfailing to provide proper antecedent basis for
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`the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(0). Correction
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`of the following is required: fluid manifold (claims 1 and 12).
`
`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 madein this Office action:
`
`A person shall be entitled to a patent unless —
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`(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 effectivefiling 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, namesanother inventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`Claim(s) 1, 4, 6-12, 14 are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Santy (US 20140034675 A1).
`
`Claim 1, Santy disclosesa first valve (46/48; FIG 4-5C) connected to a rigid form
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`fluid manifold (BB) by wayof a first tube (200/210) positioned through a valve cover
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`(24); and
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`a second valve (41) connected to a second tube (300/310/320/330) positioned
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`through the valve cover (24), and exiting the valve cover (62/64/66/68) without being in
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`connection with the rigid form.
`
`

`

`Application/Control Number: 17/426,715
`Art Unit: 3754
`
`Page 3
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`Claim 4, Santy discloses wherein: the first tube (200/210) is positioned to enter
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`the valve cover (24) at a front surface (80/82/84/86) at a first elevation, and exit the
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`valve cover at back surface at a second elevation (FIG 5A); and
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`the second tube (50/52) is positioned to enter the valve cover (24) at a front
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`surface at a third elevation, abovethe first elevation (80/82/84/86), and exit the valve
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`cover at the back surface at a fourth elevation (62/64/66/68), above the second
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`elevation (42/44).
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`Claims 6-7, Santy discloses wherea third and fourth valve (41; Paragraph 30)
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`are connectedto a third and fourth tube (62/64/66/68; 300/310/320/330).
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`Claim 8, Santy discloses wherein thefirst valve and the second valve comprise
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`syrup valves (Paragraph 27).
`
`Claim 9, Santy discloses wherein the first valve comprises a water valve
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`(Paragraph 27).
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`Claim 10, Santy discloses wherein the first valve and the second value are in
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`communication with a nozzle (20).
`
`Claim 11, Santy discloses wherein the first valve and the second valve are
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`operated by an actuation lever (Paragraph 43-44).
`
`

`

`Application/Control Number: 17/426,715
`Art Unit: 3754
`
`Page 4
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`Claim 12, Santy discloses wherein the rigid form fluid manifold (BB) is positioned
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`within a casing (BB; FIG 4A).
`
`Claim 14, Santy discloses wherein the first and second valve comprises on/off
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`valves (46/48; 54/56).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousnessrejections setforth 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.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
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`commonly ownedasof the effective filing date of the claimed invention(s) absent any
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`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
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`point out the inventor and effective filing dates of each claim that was not commonly
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`ownedasofthe effectivefiling date of the later invention in order for the examiner to
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`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
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`prior art against the later invention.
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`Claims 2-3, 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable
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`over Santy as applied to claim 1 above.
`
`

`

`Application/Control Number: 17/426,715
`Art Unit: 3754
`
`Page 5
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`Claims 2-3, Santy discloses the claimed invention exceptfor exit of the second
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`tube on the valve cover.
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`It would have been obvious to one having ordinary skill in the
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`art at the time the invention was madeto have an exit on the top or bottom of the valve
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`cover for the second tube, to provide the user improved comfort and convenience when
`
`assembling, since it has been held that rearranging parts of an invention involves only
`
`routine skill in the art. MPEP 2144.04.
`
`Claim 5, Santy discloses the claimed invention except for second and fourth
`
`elevation abovefirst and third elevation.
`
`It would have been obvious to one having
`
`ordinaryskill in the art at the time the invention was made to modify the elevations of
`
`the tubes in order to allow for the valve cover to offset when connected, since it has
`
`been held that rearranging parts of an invention involves only routine skill in the art.
`
`MPEP 2144.04.
`
`Claim 13 Santy discloses the claimed invention exceptfor flexible tubes.
`
`It would
`
`have been obvious to one having ordinary skill in the art at the time the invention was
`
`made to select a material such as an elastomer or polymer for its flexible properties so
`
`as to allow for easier assembly, since it has been held to be within the general skill of a
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`worker in the art to select a known material on the basis of its suitability for the intended
`
`use as a matter of obvious engineering choice. The selection of a known material
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`based on its suitability for its intended use supported a prima facie obviousness
`
`determination (MPEP 2144.07).
`
`

`

`Application/Control Number: 17/426,715
`Art Unit: 3754
`
`Page 6
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`Responseto Arguments
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`Applicant's arguments with respect to the claim(s) above have been considered
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`but are moot because the new ground of rejection does not rely on any reference
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`applied in the prior rejection of record for any teaching or matter specifically challenged
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`in the argument.
`
`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
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`A shortenedstatutory period for reply to this final action is set to expire THREE
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`
`
`MONTHS from the mailing date of this action. In the eventafirst reply is filed within
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`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JEREMY W CARROLL whosetelephone number is
`
`(571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
`
`

`

`Application/Control Number: 17/426,715
`Art Unit: 3754
`
`Page 7
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`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Paul Durand can be reached on (571) 272-4459. The fax phone number for
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`the organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is
`
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`
`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
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`
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`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`JEREMY W. CARROLL
`Primary Examiner
`Art Unit 3754
`
`/Jeremy Carroll/
`Primary Examiner, Art Unit 3754
`
`