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 .
Response to Amendment
The Amendment filed November 13th, 2025 has been entered. Claims 1-20 remain pending in the application.
Claim Rejections - 35 USC § 103
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.
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 1, 3-6, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Clearman (U.S. Patent 7,770,820), embodiment of Figs. 24A-28, in view of Kistler et al. (WO 2016162048 A1).
Regarding claim 1, Clearman discloses a spray head (2410, Fig. 24A) for an ablutionary appliance comprising a body (2412, Fig. 24A) with a fluid inlet (2414, Fig. 24A), a spray plate (annotated in Fig. 24A) with a plurality of holes (annotated in Fig. 24A, 2483 and 2484 in Fig. 24B) and nozzles of flexible material (tubes X18 may be flexible, 2418 and 2419, Fig. 24A, Col. 20, Ln. 63-66), each nozzle having an inlet end for fluid (annotated in Fig. 24A) and a discharge end (annotated in Fig. 24A) adapted to project through a corresponding hole for discharge of the fluid (slots 2483 and 2484 engage with portions 2418c of fluid-dispensing tubes 2419, Col. 26, Ln. 8-11), and a control member (2420, 2482, Fig. 24A), linear movement of which adjusts the angle of the discharge end of at least one nozzle relative to the spray plate and the inlet end of the nozzle (movement of integrating member X20 coordinates the movement and angles of tubes X18 and fluid outlets X16, which causes fluid outlets X16 to move between two end positions, and oscillatory movement of integrating X20 may include linear movement, which effects a coordinated movement and angles inwardly of a downstream portion of the coupled tubes X19, and planar member 2482 is considered an additional integrating member in view of first integrating member 2420 and is rotatable with respect to the housing 2412 for moving the tube portions 2418c or outwardly, annotated in Fig. 24A, shown in Figs. 25-26, Col. 19, Ln. 62 to Col. 20, Ln. 2, Col. 20, Ln. 43-52, Col. 26, Ln. 15-18, Col. 26, Ln. 15-18).
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However, Clearman does not disclose a control member connected to the inlet end of each nozzle as claimed. Kistler teaches a spray head (1, Figs. 7-8) comprising a control member (7, Figs. 7-8) connected to the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of each nozzle (4, Figs. 7-8), linear movement of which adjusts an angle of the discharge end (outlet of nozzle 4, shown in Figs. 7-8) of at least one nozzle (4, Figs. 7-8) relative to the spray plate (9, adjustment entity 7 is slidably arranged to adjust the nozzles 4, shown in Figs. 7-8, Pg. 15, Second Paragraph) and the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of the nozzle (4, Figs. 7-8), between two end positions (shown in Figs. 7-8), wherein, when the discharge end (outlet of nozzle 4, shown in Figs. 7-8) is in a first position (shown in Fig. 7) of the two end positions (shown in Figs. 7-8), the control member (7, Figs. 7-8) is at a first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) from the spray plate (9, shown in Fig. 7), wherein, when the discharge end (outlet of nozzle 4, shown in Figs. 7-8) is in a second position (shown in Fig. 8) of the two end positions (shown in Figs. 7-8), the control member (7, Figs. 7-8) is at a second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8) from the spray plate (9, shown in Fig. 8), and wherein the first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) is greater than the second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8), and wherein, when the control member (7, Figs. 7-8) is at either the first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) from the spray plate (9, shown in Fig. 7) or the second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8) from the spray plate (9, shown in Fig. 8), the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of each nozzle (4, Figs. 7-8) remains in a same position with respect to the control member (interpreting position as the point or area occupied by a physical object, Merriam-Webster Dictionary, 7, the inlet of nozzle 4 occupies the same point or area with respect to the adjustment entity 7, shown in Figs. 7-8).
Clearman and Kistler are considered to be analogous art to the claimed invention because they are in the same field of spray heads. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine control member, the at least one nozzle, and the discharge ends to have a control member connected to the inlet end of each nozzle, linear movement of which adjusts an angle of the discharge end of at least one nozzle relative to the spray plate and the inlet end of the nozzle, between two end positions, wherein, when the discharge end is in a first position of the two end positions, the control member is a first distance from the spray plate, wherein, when the discharge end is in a second position of the two end positions, the control member is a second distance from the spray plate, wherein the first distance is greater than the second distance, and wherein, when the control member is at either the first distance from the spray plate or the second distance from the spray plate, the inlet end of each nozzle remains in a same position with respect to the control member. Doing so provides the possibility of changing the size of spray (Kistler, Pg. 1, Third Paragraph).
Regarding claim 3, Clearman teaches the spray head of claim 1. Clearman further teaches the control member (2482, Fig. 24A) is configured to be moved directly by a user (movement of the handle 2486 causes rotation of the planar member 2482, Fig. 24A, Col. 26, Ln. 28-31).
With respect to claim 4, Clearman teaches the spray head of claim 1. Clearman further teaches a separating control member (2486, Fig. 24A) moved by the user acts on the control member (2482, movement of handle 2486 causes rotation of the planar member 2482, Fig. 24A, Col. 26, Ln. 28-31).
In regards to claim 5, Clearman discloses the spray head of claim 1. Clearman further teaches the plurality of holes in the spray plate are shaped to guide the discharge ends to determine the spray pattern (the holes in the spray plate allow the direction of the nozzles to be adjusted to various spray patterns, Figs. 27-28).
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With respect to claim 6, Clearman teaches the spray head of claim 5. Clearman further discloses the spray head (2410, Figs. 25-26) is configured such that movement of the control member moves at least one nozzle in the corresponding hole to adjust the angle of the discharge end (planar member 2482 is rotatable with respect to the housing 2412 for moving the tube portions 2418c inwardly or outwardly at an angle, Figs. 25-26, Col. 26, Ln. 15-18).
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In regards to claim 13, Clearman discloses the spray head of claim 1. Clearman further teaches the nozzles (2418, 2419, Fig. 24A) are mounted in the control member (2482, Fig. 24A) as individual components (annotated in Fig. 24A) and the movement of the control member acts directly to move the discharge ends in the plurality of holes in the spray plate (planar member 2482 is rotatable with respect to the housing 2412 for moving the tube portions 2418c inwardly or outwardly, Col. 26, Ln. 15-18).
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Regarding claim 14, Clearman teaches the spray head of claim 1. Clearman further discloses the nozzles are provided on a flexible mat (2450, Fig. 24A), and the control member acts on the flexible mat to move it linearly towards and away from the spray plate, thus moving the discharge ends in the plurality of holes (planar member 2450 constrains the motion of the tubes 2418 radially inward or outward under engagement with the planar member 2482, annotated in Figs. 25 and 26, Col. 26, Ln. 15-23).
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Regarding claim 15, Clearman teaches the spray head of claim 1. Clearman further teaches the control member (2482, Figs. 25-26) is adapted to contact at least one nozzle at an intermediate point in its length (planar member 2482 moves the tube portions 2418c inwardly or outwardly, annotated in Figs. 25-26, Col. 26, Ln. 15-18), and movement of the control member applies a lateral force to each nozzle to adjust the angle of the discharge end (dispensing tubes are adjustable in direction and shape when a lateral force is applied along the length of the tubes, Col. 9, Ln. 46-49).
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Claims 1, 9-12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Clearman et al. (U.S. Patent 7,770,820), embodiment of Fig. 21, in view of Kistler et al. (WO 2016162048 A1).
Regarding claim 1, Clearman discloses a spray head (2110, Fig. 21) for an ablutionary appliance comprises a body (2112, Fig. 21) with a fluid inlet (2114, Fig. 21), a spray plate (annotated in Fig. 21) with a plurality of holes (annotated in Fig. 21) and nozzles of flexible material (tubes X18 may be flexible, 2118 and 2119, Fig. 21, Col. 20, Ln. 63-66), each nozzle having an inlet end for a fluid (annotated in Fig. 21) and a discharge end (2116, Fig. 21) adapted to project through a corresponding hole for discharge of the fluid (annotated in Fig. 21), and a control member (2120, Fig. 24A).
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However, Clearman does not disclose a control member connected to the inlet end of each nozzle as claimed. Kistler teaches a spray head (1, Figs. 7-8) comprising a control member (7, Figs. 7-8) connected to the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of each nozzle (4, Figs. 7-8), linear movement of which adjusts an angle of the discharge end (outlet of nozzle 4, shown in Figs. 7-8) of at least one nozzle (4, Figs. 7-8) relative to the spray plate (9, adjustment entity 7 is slidably arranged to adjust the nozzles 4, shown in Figs. 7-8, Pg. 15, Second Paragraph) and the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of the nozzle (4, Figs. 7-8), between two end positions (shown in Figs. 7-8), wherein, when the discharge end (outlet of nozzle 4, shown in Figs. 7-8) is in a first position (shown in Fig. 7) of the two end positions (shown in Figs. 7-8), the control member (7, Figs. 7-8) is a first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) from the spray plate (9, shown in Fig. 7), wherein, when the discharge end (outlet of nozzle 4, shown in Figs. 7-8) is in a second position (shown in Fig. 8) of the two end positions (shown in Figs. 7-8), the control member (7, Figs. 7-8) is a second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8) from the spray plate (9, shown in Fig. 8), and wherein the first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) is greater than the second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8), and wherein, when the control member (7, Figs. 7-8) is at either the first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) from the spray plate (9, shown in Fig. 7) or the second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8) from the spray plate (9, shown in Fig. 8), the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of each nozzle (4, Figs. 7-8) remains in a same position with respect to the control member (interpreting position as the point or area occupied by a physical object, Merriam-Webster Dictionary, 7, the inlet of nozzle 4 occupies the same point or area with respect to the adjustment entity 7, shown in Figs. 7-8).
Clearman and Kistler are considered to be analogous art to the claimed invention because they are in the same field of spray heads. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine control member, the at least one nozzle, and the discharge ends to have a control member connected to the inlet end of each nozzle, linear movement of which adjusts an angle of the discharge end of at least one nozzle relative to the spray plate and the inlet end of the nozzle, between two end positions, wherein, when the discharge end is in a first position of the two end positions, the control member is a first distance from the spray plate, wherein, when the discharge end is in a second position of the two end positions, the control member is a second distance from the spray plate, wherein the first distance is greater than the second distance, and wherein, when the control member is at either the first distance from the spray plate or the second distance from the spray plate, the inlet end of each nozzle remains in a same position with respect to the control member. Doing so provides the possibility of changing the size of spray (Kistler, Pg. 1, Third Paragraph).
Regarding claim 9, Clearman, as modified by Kistler, discloses the spray head of claim 1. Clearman further teaches the control member is accommodated in the body (annotated in Fig. 21), and is configured to move linearly in response to operation of a separate operating member (2170, system 2170 allows for adjustment of elevation of the integrating member 2120, Fig. 21, Col. 24, Ln. 60-64).
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With respect to claim 10, Clearman, as modified by Kistler, discloses the spray head of claim 9. Clearman further discloses the operating member (2120, Fig. 21) is configured to move circumferentially (rotation of turbine is adjusted to allow the range of oscillation of integrating member 2120, Col. 24, Ln. 60-66), and the spray head includes means to translate the rotational movement to linear movement of the control member (cam member 2138 translates rotational movement resulting from the turbine to linear movement, 2138, Fig. 21, Col. 24, Ln. 60-66).
In regards to claim 11, Clearman, as modified by Kistler, discloses the spray head of claim 10. Clearman also discloses means to translate comprises a cam arrangement (2138, Fig. 21, Col. 24, Ln. 60-66).
Regarding claim 12, Clearman, as modified by Kistler, discloses the spray head of claim 9. Clearman further teaches the operating member (2120, Fig. 21) comprises a plate mounted on a spindle in the body (annotated in Fig. 21), and having a projection outside the body (annotated in Fig. 21).
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Regarding claim 20, Clearman discloses a spray head (2110, Fig. 21) for an ablutionary appliance comprises a body (2112, Fig. 21) with a fluid inlet (2114, Fig. 21), a spray plate (annotated in Fig. 21) with a plurality of holes (annotated in Fig. 21) and nozzles of flexible material (tubes X18 may be flexible, 2118 and 2119, Fig. 21, Col. 20, Ln. 63-66), each nozzle having an inlet end for a fluid (annotated in Fig. 21) and a discharge end (2116, Fig. 21) adapted to adjust in position within a corresponding hole for discharge of the fluid (annotated in Fig. 21), and a control member (2120, Fig. 21) connected to the inlet end of each nozzle, linear movement of which causes the discharge end to adjust within the corresponding hole (movement of integrating member X20 coordinates the movement and angles of tubes X18 and fluid outlets X16, and the degree of oscillation, which includes linear movement, of the integrating member 2120 is varied when the elevation of the integrating member 2120 is adjusted, annotated in Fig. 21, Col. 3, Ln. 64-67, Col. 19, Ln. 62 to Col. 20, Ln. 2, Col. 24, Ln. 53 to Col. 25, Ln. 20), the control member (2120, Fig. 21) is within in the body (2112, shown in Fig. 21), and the control member (2120, Fig. 21) moves linearly in response to operation of a separate operating member (2170, system 2170 allows for adjustment of elevation of the integrating member 2120, Fig. 21, Col. 24, Ln. 60-64).
However, Clearman does not disclose a control member connected to the inlet end of each nozzle as claimed. Kistler teaches a spray head (1, Figs. 7-8) comprising a control member (7, Figs. 7-8) connected to the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of each nozzle (4, Figs. 7-8), linear movement of which causes the discharge end (outlet of nozzle 4, shown in Figs. 7-8) to adjust within the corresponding hole (internal space where nozzle 4 is inserted into, shown in Figs. 7-8), further causing adjustment of an angle of the discharge end (outlet of nozzle 4, shown in Figs. 7-8) of at least one nozzle (4, Figs. 7-8) between a first position (shown in Fig. 7) and a second position (shown in Fig. 8) relative to the spray plate (9, adjustment entity 7 is slidably arranged to adjust the nozzles 4, shown in Figs. 7-8, Pg. 15, Second Paragraph) and the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of the nozzle of at least one nozzle (4, Figs. 7-8), wherein, in the first position (shown in Fig. 7), the control member (7, Figs. 7-8) is a first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) from the spray plate (9, shown in Fig. 7), wherein, in the second position (shown in Fig. 8), the control member (7, Figs. 7-8) is a second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8) from the spray plate (9, shown in Fig. 8), wherein the first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) is greater than the second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8), and wherein, when the control member (7, Figs. 7-8) is at either the first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) from the spray plate (9, shown in Fig. 7) or the second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8) from the spray plate (9, shown in Fig. 8), the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of each nozzle (4, Figs. 7-8) remains in a same position with respect to the control member (interpreting position as the point or area occupied by a physical object, Merriam-Webster Dictionary, 7, the inlet of nozzle 4 occupies the same point or area with respect to the adjustment entity 7, shown in Figs. 7-8).
Clearman and Kistler are considered to be analogous art to the claimed invention because they are in the same field of spray heads. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine control member, the at least one nozzle, and the discharge ends to have a control member connected to the inlet end of each nozzle, linear movement of which causes the discharge end to adjust within the corresponding hole, further causing adjustment of an angle of the discharge end of at least one nozzle between a first position and a second position relative to the spray plate and the inlet end of the nozzle, wherein the control member is within in the body, and wherein the control member moves linearly in response to operation of a separate operating member, wherein, in the first position, the control member is a first distance from the spray plate, wherein, in the second position, the control member is a second distance from the spray plate, wherein the first distance is greater than the second distance, and wherein, when the control member is at either the first distance from the spray plate or the second distance from the spray plate, the inlet end of each nozzle remains in a same position with respect to the control member. Doing so provides the possibility of changing the size of spray (Kistler, Pg. 1, Third Paragraph).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Clearman (U.S. Patent 7,770,820), embodiment of Figs. 24A-28, in view of Kistler et al. (WO 2016162048 A1) as applied to claim 1 above, and further in view of Clearman (U.S. Patent 7,770,820), embodiment of Figs. 34-34B.
In regards to claim 2, Clearman, as modified by Kistler, discloses the spray head of claim 1 in the embodiment of Figs. 24A-28. However, Clearman does not teach circumferential movement of a member on the outside of the body causes movement of the control member in the embodiment of Figs. 24A-28. In another embodiment in Figs. 34-34B, Clearman discloses the spray head (3410, Fig. 34) is configured such that by circumferential movement of a member on the outside of the body (3413, Fig. 34) causes movement of the control member (3426, rotation of sleeve 3413 causes vertical movement of the first planar member 3426, Fig. 34, Col. 28, Ln. 12-14).
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It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the handle 2486 disclosed in Figs. 24A-28 in Clearman, as modified by Kistler, for the sleeve 3413 disclosed in Figs. 34-34B of Clearman to yield the predictable result of having the circumferential movement of a member outside of the body causes movement of the control member. Doing so allows for easier control of the control member for the user.
Claims 7 and 16-19 is rejected under 35 U.S.C. 103 as being unpatentable over Clearman (U.S. Patent 7,770,820), embodiment of Figs. 24A-28, in view of Kistler et al. (WO 2016162048 A1) as applied to claim 1 above, and further in view of Clearman (U.S. Patent 7,770,820), embodiment of Figs. 41-42.
With respect to claim 7, Clearman, as modified by Kistler, discloses the spray head of claim 6. However, Clearman does not disclose the control member is configured to move the nozzles sequentially, or all the nozzles simultaneously in the embodiment of Figs. 24A-28. In another embodiment in Figs. 41-42, Clearman teaches the control member (4164, Fig. 41B) is configured to move the nozzles sequentially (rotating control ring 4164 changes the shower sequentially, Col. 30, Ln. 48-52).
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It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the control member 2482 disclosed in Figs. 24A-28 in Clearman, as modified by Kistler, for the control member 4164 disclosed in Figs. 41-42 of Clearman to yield the predictable result of having the control member move the nozzles sequentially. Doing so allows for easier control of the shower head to various spray settings for the user (Col. 30, Ln. 48-52).
Regarding claim 16, Clearman, as modified by Kistler, discloses the spray head of claim 15. However, Clearman does not teach a control member comprising an apertured plate mounted rotatably in the body with a peripheral edge outside the body to allow a user to grasp to move the plate circumferentially in the embodiment of Figs. 24A-28. In another embodiment in Figs. 41-42, Clearman discloses the control member (4164, Fig. 41B) comprises an apertured plate mounted rotatably in the body (annotated in Fig. 42), with a peripheral edge outside the body (4164f, Fig. 41B), and is configured to allow a user to grasp the peripheral edge in order to move the apertured plate circumferentially (user rotates the outer control ring, Col. 31, Ln. 58-61).
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It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the control member 2482 disclosed in Figs. 24A-28 in Clearman, as modified by Kistler, for the control member 4164 disclosed in Figs. 41-42 of Clearman to yield the predictable result of having the control member comprise an apertured plate mounted rotatably in the body with a peripheral edge outside the body to allow a user to grasp to move the plate circumferentially. Doing so allows for easier gripping and rotation of the control member for the user (Col. 31, Ln. 58-61).
Regarding claim 17, both embodiments of Clearman, as modified by Kistler, discloses the spray head of claim 16. Clearman further teaches in the embodiment of Figs. 41-42 the apertured plate (annotated in Fig. 42) is provided with circumferentially-extending cam surfaces (4157a, 4157b, 4157c, surface is cylindrical, Fig. 41B-42) within the body to act on the nozzles (tubes 4118b, 4118c, and 4118m are directed through the noncentral orifices 4157a, b, c, annotated in Fig. 42, Col. 30, Ln. 45-47) and the discharge ends move radially relative to the spray plate (movement of the valve stem radially inward initiates movement of the tubes, Col. 30, Ln. 63 to Col. 31, Ln. 9).
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It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the control member 2482 disclosed in Figs. 24A-28 in Clearman, as modified by Kistler, for the control member 4164 disclosed in Figs. 41-42 of Clearman to yield the predictable result of having the plate being provided with circumferentially-extending cam surfaces within the body to act on the nozzles and the discharge ends move radially relative to the spray plate. Doing so improves the efficiency of the water flowing through the spray head as it changes from various spray patterns (Col. 31, Ln. 1-13).
With respect to claim 18, both embodiments of Clearman, as modified by Kistler, discloses the spray head of claim 17. Clearman further teaches in the embodiment of Figs. 41-42 one set of cam surfaces (4157c, Fig. 42) is provided at the outer edge of the apertured plate (annotated in Fig. 42), to act on the radially outermost nozzles (4118c, Fig. 42).
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It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the control member 2482 disclosed in Figs. 24A-28 in Clearman, as modified by Kistler, for the control member 4164 disclosed in Figs. 41-42 of Clearman to yield the predictable result of having one set of cam surfaces provided at the outer edge of the plate to act on the radially outermost nozzles. Doing so allows for a wide shower pattern to be enabled (Col. 30, Ln. 48-52).
In regards to claim 19, both embodiments of Clearman, as modified by Kistler, discloses the spray head of claim 18. Clearman further teaches in the embodiment of Figs. 41-42 the apertured plate has radially-extending spokes (annotated in Fig. 42, 4112 extends cylindrically in Fig. 41B), with cam surfaces supported between adjacent spokes (4157b, Fig. 42) to act on radially inner nozzles (4118b, annotated in Fig. 42).
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It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the control member 2482 disclosed in Figs. 24A-28 in Clearman, as modified by Kistler, for the control member 4164 disclosed in Figs. 41-42 of Clearman to yield the predictable result of having the plate having radially-extending spokes with cam surfaces supported between adjacent spokes to act on radially inner nozzles. Doing so allows for easier movement of the plate as the user rotates the peripheral edge and enables a narrow shower pattern to be enabled (Col. 30, Ln. 48-52).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Clearman (U.S. Patent 7,770,820), embodiment of Figs. 24A-28, in view of Kistler et al. (WO 2016162048 A1) as applied to claim 1 above, and further in view of Clearman (U.S. Patent 7,770,820), embodiment of Fig. 55.
With respect to claim 7, Clearman, as modified by Kistler, discloses the spray head of claim 6. However, Clearman does not disclose the control member is configured to move the nozzles sequentially, or all the nozzles simultaneously in the embodiment of Figs. 24A-28. In another embodiment in Fig. 55, Clearman teaches the control member (5520, Fig. 55) is configured to move all the nozzles simultaneously (integrating member 5520 simultaneously adjusts the tubes 5518, Col. 35, Ln. 40-47).
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It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the control member 2482 disclosed in Figs. 24A-28 in Clearman, as modified by Kistler, for the control member 5520 disclosed in Fig. 55 of Clearman to yield the predictable result of having the control member move all the nozzles simultaneously. Doing so allows for easier control of the shower head for the user by defining the shape of the shower in a unified manner (Col. 35, Ln. 40-47).
In regards to claim 8, Clearman, as modified by Kistler, discloses the spray head of claim 6. However, Clearman does not disclose the control member is configured to move all the nozzles simultaneously in the embodiment of Figs. 24A-28. In another embodiment in Fig. 55, Clearman teaches the control member (5520, Fig. 55) is configured to move all the nozzles simultaneously (integrating member 5520 simultaneously adjusts the tubes 5518, Col. 35, Ln. 40-47).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the control member 2482 disclosed in Figs. 24A-28 in Clearman, as modified by Kistler, for the control member 5520 disclosed in Fig. 55 of Clearman to yield the predictable result of having the control member move all the nozzles simultaneously. Doing so allows for easier control of the shower head for the user by defining the shape of the shower in a unified manner (Col. 35, Ln. 40-47).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Clearman (U.S. Patent 7,770,820), embodiment of Figs. 24A-28, in view of Clearman (U.S. Patent 7,770,820), embodiment of Fig. 21, and Kistler et al. (WO 2016162048 A1).
Regarding claim 20, Clearman discloses a spray head (2410, Fig. 24A) for an ablutionary appliance comprising a body (2412, Fig. 24A) with a fluid inlet (2414, Fig. 24A), a spray plate (annotated in Fig. 24A) with a plurality of holes (annotated in Fig. 24A, 2483 and 2484 in Fig. 24B) and nozzles of flexible material (tubes X18 may be flexible, 2418 and 2419, Fig. 24A, Col. 20, Ln. 63-66), each nozzle having an inlet end for fluid (annotated in Fig. 24A) and a discharge end (annotated in Fig. 24A) adapted to adjust in position within a corresponding hole for discharge of the fluid (slots 2483 and 2484 engage with portions 2418c of fluid-dispensing tubes 2419, Col. 26, Ln. 8-11), and a control member (2420, 2482, Fig. 24A), linear movement of which causes the discharge end to adjust within the corresponding hole, further causing adjustment of an angle of the discharge end of at least one nozzle relative to the spray plate and the inlet end of the nozzle (movement of integrating member X20 coordinates the movement and angles of tubes X18 and fluid outlets X16, and oscillatory movement of integrating X20 may include linear movement, which effects a coordinated movement and angles of a downstream portion of the coupled tubes X19, and planar member 2482 is considered an additional integrating member in view of first integrating member 2420 and is rotatable with respect to the housing 2412 for moving the tube portions 2418c inwardly or outwardly, annotated in Fig. 24A, shown in Figs. 25-26, Col. 19, Ln. 62 to Col. 20, Ln. 2, Col. 20, Ln. 43-52, Col. 26, Ln. 15-18, Col. 26, Ln. 15-18), the control member (2420, 2482, Fig. 24A) is within in the body (2412, shown in Fig. 24A), and a separate operating member (2486, 2487, Fig. 24A).
However, Clearman does not disclose the control member moves linearly in response to operation of a separate operating member in one embodiment. In the embodiment of Fig. 21, Clearman discloses a spray head (2110, Fig. 21) comprising a control member (2120, Fig. 21) is configured to move linearly in response to operation of a separate operating member (2170, system 2170 allows for adjustment of elevation of the integrating member 2120, Fig. 21, Col. 24, Ln. 60-64).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the control member 2420 and 2482 and the separate operating member 2486 and 2487 disclosed in Figs. 24A-28 in Clearman for the control member 2120 and the separate operating member 2170 disclosed in Fig. 21 of Clearman to yield the predictable result of having the control member moves linearly in response to operation of a separate operating member. Doing so allows for the range of oscillation of the integrating member resulting from rotation of the turbine to be adjusted to allow for various spray patterns with respect to the area (Col. 24, Ln. 53 to Col. 25, Ln. 20).
However, Clearman does not disclose a control member connected to the inlet end of each nozzle as claimed in both embodiments. Kistler teaches a spray head (1, Figs. 7-8) comprising a control member (7, Figs. 7-8) connected to the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of each nozzle (4, Figs. 7-8), linear movement of which causes the discharge end (outlet of nozzle 4, shown in Figs. 7-8) to adjust within the corresponding hole (internal space where nozzle 4 is inserted into, shown in Figs. 7-8), further causing adjustment of an angle of the discharge end (outlet of nozzle 4, shown in Figs. 7-8) of at least one nozzle (4, Figs. 7-8) between a first position (shown in Fig. 7) and a second position (shown in Fig. 8) relative to the spray plate (9, adjustment entity 7 is slidably arranged to adjust the nozzles 4, shown in Figs. 7-8, Pg. 15, Second Paragraph) and the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of the nozzle of at least one nozzle (4, Figs. 7-8), wherein, in the first position (shown in Fig. 7), the control member (7, Figs. 7-8) is a first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) from the spray plate (9, shown in Fig. 7), wherein, in the second position (shown in Fig. 8), the control member (7, Figs. 7-8) is at a second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8) from the spray plate (9, shown in Fig. 8), wherein the first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) is greater than the second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8), and wherein, when the control member (7, Figs. 7-8) is at either the first distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 7) from the spray plate (9, shown in Fig. 7) or the second distance (distance between adjustment entity 7 and guiding entity 9, shown in Fig. 8) from the spray plate (9, shown in Fig. 8), the inlet end (inlet of nozzle 4, shown in Figs. 7-8) of each nozzle (4, Figs. 7-8) remains in a same position with respect to the control member (interpreting position as the point or area occupied by a physical object, Merriam-Webster Dictionary, 7, the inlet of nozzle 4 occupies the same point or area with respect to the adjustment entity 7, shown in Figs. 7-8).
Clearman and Kistler are considered to be analogous art to the claimed invention because they are in the same field of spray heads. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine control member, the at least one nozzle, and the discharge ends to have a control member connected to the inlet end of each nozzle, linear movement of which causes the discharge end to adjust within the corresponding hole, further causing adjustment of an angle of the discharge end of at least one nozzle between a first position and a second position relative to the spray plate and the inlet end of the nozzle, wherein the control member is within in the body, and wherein the control member moves linearly in response to operation of a separate operating member, wherein, in the first position, the control member is a first distance from the spray plate, wherein, in the second position, the control member is a second distance from the spray plate, wherein the first distance is greater than the second distance, and wherein, when the control member is at either the first distance from the spray plate or the second distance from the spray plate, the inlet end of each nozzle remains in a same position with respect to the control member. Doing so provides the possibility of changing the size of spray (Kistler, Pg. 1, Third Paragraph).
Response to Arguments
Applicant's arguments filed November 13th, 2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that Clearman, as modified by Kistler, does disclose the amended limitations of independent claims 1 and 20, see Remarks, pg. 7-8, Clearman, as modified by Kistler, does disclose these features. Specifically, Kistler teaches “wherein, when the control member is at either the first distance from the spray plate or the second distance from the spray plate, the inlet end of each nozzle remains in a same position with respect to the control member” as noted above in the rejections for independent claims 1 and 20 under 35 U.S.C. 103. It is interpreted that position is the point or area occupied by a physical object, as defined by Merriam-Webster Dictionary. The inlet of nozzle 4 occupies the same point or area with respect to the adjustment entity 7 as shown in Figs. 7-8 below.
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Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anna T Ho whose telephone number is (571)272-2587. The examiner can normally be reached M-F 8:00 AM-5:00 PM, First Friday of Pay Period off.
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/ANNA THI HO/Examiner, Art Unit 3752 /ARTHUR O. HALL/Supervisory Patent Examiner, Art Unit 3752