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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 28th, 2026 has been entered.
Response to Amendment
The Amendment filed April 28th, 2026 has been entered. Claims 1-20 remain pending in the application.
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.
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)(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, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 5-8, and 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Petrovic (US 20130186972 A1).
Regarding claim 1, Petrovic discloses a spray head (100, Fig. 1A) for an ablutionary appliance comprises a body (external body of shower 100, shown in Fig. 1A) with a fluid inlet (inlet of shower 100, shown in Fig. 1A), a spray plate (106, 128, Figs. 1B-C, 3A-3C) with a plurality of holes (shown in Figs. 1B, 3B-3C), and nozzles (124, Figs. 1B-1C, 3A-3C) of flexible material (the plurality of nozzles are flexible and boss 124 is elastomeric, Paragraphs 0007, 0052, 0056), each nozzle (124, Figs. 1B-1C, 3A-3C) having an inlet end for a fluid (inlet of boss 124, shown in Figs. 3A-3C) and a discharge end (downstream end of boss 124, shown in Figs. 3B-3C) adapted to project through a corresponding hole (hole within support member 128, shown in Figs. 3B-3C) for discharge of the fluid (121, shown in Figs. 3B-3C), and a control member (130, Figs. 3A-3C) including a control plate (130 is a plate, shown in Figs. 3A-3C) connected to the inlet end of each nozzle (inlet of boss 124, shown in Figs. 3A-3C), linear movement of which adjusts an angle of the discharge end (downstream end of boss 124, shown in Figs. 3B-3C) of at least one nozzle (124, Figs. 1B-1C, 3A-3C) relative to the spray plate (106, 128, Figs. 1B-C, 3A-3C) and the inlet end of each nozzle (inlet of boss 124, shown in Figs. 3A-3C), between two end positions (shown in Figs. 3B-3C), wherein;
when the discharge end (downstream end of boss 124, shown in Figs. 3B-3C) is in a first position of the two end positions (shown in Fig. 3C), the control plate (130, Figs. 3A-3C) is at a first control plate distance from the spray plate (128, annotated in Fig. 3C) and the inlet end of each nozzle (inlet of boss 124, shown in Figs. 3A-3C) is at a first inlet end distance from the control plate (130, annotated in Fig. 3C),
when the discharge end (downstream end of boss 124, shown in Figs. 3B-3C) is in a second position of the two end positions (shown in Fig. 3B), the control plate (130, Figs. 3A-3C) is at a second control plate distance from the spray plate (128, annotated in Fig. 3B) and the inlet end of each nozzle (inlet of boss 124, shown in Figs. 3A-3C) is at a second inlet end distance from the control plate (130, annotated in Fig. 3B),
the first control plate distance is greater than the second control plate distance (annotated and shown in Figs. 3B-3C), and
the first inlet end distance is equal to the second inlet end distance (annotated and shown in Figs. 3B-3C).
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Regarding claim 3, Petrovic discloses the spray head of claim 1. Petrovic discloses the control member (130, Figs. 3A-3C) is configured to be moved directly by a user (moveable member 130 is capable of being moved directly by a user, Paragraph 0056).
In regards to claim 5, Petrovic discloses the spray head of claim 1. Petrovic discloses the plurality of holes (shown in Figs. 1B, 3B-3C) in the spray plate (106, 128, Figs. 1B-C, 3A-3C) are shaped to guide the discharge ends (downstream end of boss 124, shown in Figs. 3B-3C) to determine the spray pattern (shown in Figs. 3B-3C).
With respect to claim 6, Petrovic discloses the spray head of claim 5. Petrovic discloses the spray head (100, Fig. 1A) is configured such that movement of the control member (130, Figs. 3A-3C) moves at least one nozzle (124, Figs. 1B-1C, 3A-3C) in the corresponding hole (hole within support member 128, shown in Figs. 3B-3C) to adjust the angle of the discharge end (downstream end of boss 124, shown in Figs. 3B-3C).
With respect to claim 7, Petrovic discloses the spray head of claim 6. Petrovic discloses the control member (130, Figs. 3A-3C) is configured to move all the nozzles (124, Figs. 1B-1C, 3A-3C) simultaneously (only one nozzle is shown to be moved in Figs. 3B-3C, but the nozzles can be moved at the same time to form a desired spray pattern coming from the nozzles, Paragraphs 0002-0003, 0007, 0052).
In regards to claim 8, Petrovic discloses the spray head of claim 6. Petrovic discloses the control member (130, Figs. 3A-3C) is configured to move all the nozzles (124, Figs. 1B-1C, 3A-3C) simultaneously (only one nozzle is shown to be moved in Figs. 3B-3C, but the nozzles can be moved at the same time to form a desired spray pattern coming from the nozzles, Paragraphs 0002-0003, 0007, 0052).
In regards to claim 13, Petrovic discloses the spray head of claim 1. Petrovic discloses the nozzles (124, Figs. 1B-1C, 3A-3C) are mounted in the control member (130, Figs. 3A-3C) as individual components (shown in Figs. 3B-3C) and the movement of the control member (130, Figs. 3A-3C) acts directly to move the discharge ends (downstream end of boss 124, shown in Figs. 3B-3C) in the plurality of holes (shown in Figs. 1B-1C, 3B-3C) in the spray plate (106, 128, shown in Figs. 3B-3C).
Regarding claim 14, Petrovic discloses the spray head of claim 1. Petrovic discloses the nozzles (124, Figs. 1B-1C, 3A-3C) are provided on a flexible mat (122, shown in Figs. 3B-3C), and the control member (130, Figs. 3A-3C) acts on the flexible mat (122, shown in Figs. 3B-3C) to move it linearly towards and away from the spray plate (106, 128, shown in Figs. 3B-3C), thus moving the discharge ends (downstream end of boss 124, shown in Figs. 3B-3C) in the plurality of holes (shown in Figs. 1B-1C, 3B-3C).
Regarding claim 15, Petrovic discloses the spray head of claim 1, wherein the control member (130, Figs. 3A-3C) is adapted to contact at least one nozzle (124, Figs. 1B-1C, 3A-3C) at an intermediate point in its length (shown in Figs. 3B-3C), and movement of the control member (130, Figs. 3A-3C) applies a lateral force to each nozzle (124, Figs. 1B-1C, 3A-3C) to adjust the angle of the discharge end (downstream end of boss 124, shown in Figs. 3B-3C).
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 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Petrovic (US 20130186972 A1), embodiment of Figs. 1A-3C, in view of Petrovic (US 20130186972 A1), embodiment of Figs. 5A-13.
In regards to claim 2, Petrovic discloses the spray head of claim 1. However, Petrovic does not disclose the spray head is configured such that by circumferential movement of a member on an outside of the body causes movement of the control member in one embodiment. In the embodiment of Figs. 5A-13, Petrovic discloses the spray head (entire structure, Fig. 5A) is configured such that by circumferential movement of a member (158, Fig. 5B) on the outside of the body (external body of entire shower, shown in Figs. 5A-5B) causes movement of the control member (154, rotation of tab 158 causes continued rotation of deflecting member 154, Fig. 5B, Paragraph 0068).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the member on the outside of the body taught in Petrovic’s spray head in the embodiment of Figs. 5A-13 to Petrovic’s spray head in the embodiment of Figs. 1A-3C, to have the motivation to provide a method to predictably control the distribution of issuing fluid (Paragraphs 0003, 0068).
With respect to claim 4, Petrovic discloses the spray head of claim 1. However, Petrovic does not disclose a separating control member moved by a user acts on the control member in one embodiment. Petrovic discloses a separating control member (154, Fig. 5B) moved by a user acts on the control member (154, rotation of tab 158 causes continued rotation of deflecting member 154, Fig. 5B, Paragraph 0068).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the separating control member taught in Petrovic’s spray head in the embodiment of Figs. 5A-13 to Petrovic’s spray head in the embodiment of Figs. 1A-3C, to have the motivation to provide a method to predictably control the distribution of issuing fluid (Paragraphs 0003, 0068).
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Petrovic (US 20130186972 A1), embodiment of Figs. 1A-3C, in view of Clearman (U.S. Patent 7,770,820), embodiment of Fig. 21.
Regarding claim 9, Petrovic discloses the spray head of claim 1. Petrovic further discloses the control member (130, Figs. 3A-3C) is accommodated in the body (external body of shower 100, shown in Figs. 1B-1C, Paragraph 0056).
However, Petrovic does not disclose the control member is configured to move linearly in response to operation of a separate operating member. Clearman teaches the control member (2120, Fig. 21) is configured to move linearly in response to operation of a separate operating member (2170, 2124, system 2170 allows for adjustment of elevation of the integrating member 2120, Fig. 21, Col. 24, Ln. 60-64).
Petrovic and Clearman are considered to be analogous art to the claimed invention because they are in the same field of spray heads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the separate operating member taught in Clearman’s spray head to Petrovic’s spray head, to have the motivation to allow a user to adjust or control the delivery of fluid through a simple design and construction (Clearman, Col. 3, Ln. 33-44).
With respect to claim 10, Petrovic, as modified by Clearman, discloses the spray head of claim 9. Clearman further discloses the operating member (2170, 2124, Fig. 21) is configured to move circumferentially (rotation of turbine 2124 is adjusted to allow the range of oscillation of integrating member 2120, Col. 24, Ln. 60-66), and the spray head (2110, Fig. 21) includes means to translate rotational movement to linear movement of the control member (2138, cam member 2138 translates rotational movement resulting from the turbine to linear movement, Fig. 21, Col. 24, Ln. 60-66).
In regards to claim 11, Petrovic, as modified by Clearman, discloses the spray head of claim 10. Clearman further teaches the means to translate comprises a cam arrangement (2138, Fig. 21, Col. 24, Ln. 60-66).
Regarding claim 12, Petrovic, as modified by Clearman, discloses the spray head of claim 9. Clearman further teaches the operating member (2170, 2124, Fig. 21) comprises a plate mounted on a spindle (2134, Fig. 21) in the body (shown in Fig. 21), and having a projection outside the body (shown in Fig. 21).
Regarding claim 20, Petrovic discloses a spray head (100, Fig. 1A) for an ablutionary appliance comprises a body (external body of shower 100, shown in Fig. 1A) with a fluid inlet (inlet of shower 100, shown in Fig. 1A), a spray plate (106, 128, Figs. 1B-C, 3A-3C) with a plurality of holes (shown in Figs. 1B, 3B-3C), and nozzles (124, Figs. 1B-1C, 3A-3C) of flexible material (the plurality of nozzles are flexible and boss 124 is elastomeric, Paragraphs 0007, 0052, 0056), each nozzle (124, Figs. 1B-1C, 3A-3C) having an inlet end for a fluid (inlet of boss 124, shown in Figs. 3A-3C) and a discharge end (downstream end of boss 124, shown in Figs. 3B-3C) adapted to adjust in position within a corresponding hole (hole within support member 128, shown in Figs. 3B-3C) for discharge of the fluid (121, shown in Figs. 3B-3C), and a control member (130, Figs. 3A-3C) including a control plate (130 is a plate, shown in Figs. 3A-3C) connected to the inlet end of each nozzle (inlet of boss 124, shown in Figs. 3A-3C), linear movement of which causes the discharge end (downstream end of boss 124, shown in Figs. 3B-3C) to adjust within the corresponding hole (hole within support member 128, shown in Figs. 3B-3C), further causing adjustment of an angle of the discharge end (downstream end of boss 124, shown in Figs. 3B-3C) of at least one nozzle (124, Figs. 1B-1C, 3A-3C) between a first position and a second position (shown in Figs. 3B-3C) relative to the spray plate (106, 128, Figs. 1B-C, 3A-3C) and the inlet end of each nozzle (inlet of boss 124, shown in Figs. 3A-3C), wherein;
the control plate (130, Figs. 3A-3C) is within the body (external body of shower 100, shown in Figs. 1B-1C, Paragraph 0056),
when the discharge end (downstream end of boss 124, shown in Figs. 3B-3C) is in a first position of the two end positions (shown in Fig. 3B), the control plate (130, Figs. 3A-3C) is at a first control plate distance from the spray plate (128, annotated in Fig. 3B) and the inlet end of each nozzle (inlet of boss 124, shown in Figs. 3A-3C) is at a first inlet end distance from the control plate (130, annotated in Fig. 3B),
when the discharge end (downstream end of boss 124, shown in Figs. 3B-3C) is in a second position of the two end positions (shown in Fig. 3C), the control plate (130, Figs. 3A-3C) is at a second control plate distance from the spray plate (128, annotated in Fig. 3C) and the inlet end of each nozzle (inlet of boss 124, shown in Figs. 3A-3C) is at a second inlet end distance from the control plate (130, annotated in Fig. 3B),
the first control plate distance is greater than the second control plate distance (annotated and shown in Figs. 3B-3C), and
the first inlet end distance is equal to the second inlet end distance (annotated and shown in Figs. 3B-3C).
However, Petrovic does not disclose the control member moves linearly in response to operation of a separate operating member. Clearman teaches the control member (2120, Fig. 21) moves linearly in response to operation of a separate operating member (2170, 2124, system 2170 allows for adjustment of elevation of the integrating member 2120, Fig. 21, Col. 24, Ln. 60-64).
Petrovic and Clearman are considered to be analogous art to the claimed invention because they are in the same field of spray heads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the separate operating member taught in Clearman’s spray head to Petrovic’s spray head, to have the motivation to allow a user to adjust or control the delivery of fluid through a simple design and construction (Clearman, Col. 3, Ln. 33-44).
Claims 16-19 is rejected under 35 U.S.C. 103 as being unpatentable over Petrovic (US 20130186972 A1), embodiment of Figs. 1A-3C, in view of Clearman (U.S. Patent 7,770,820), embodiment of Figs. 41-42.
Regarding claim 16, Petrovic discloses the spray head of claim 15. However, Petrovic does not teach a control member comprising an apertured plate mounted rotatably in the body, with a peripheral edge outside the body, and is configured to allow a user to grasp the peripheral edge in order to move the apertured plate circumferentially. Clearman teaches 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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Petrovic and Clearman 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 the control member taught in Clearman’s spray head to Petrovic’s spray head, to have the motivation of allowing easier gripping and rotation of the control member for the user through a simple design and construction (Clearman, Col. 3, Ln. 33-44, Col. 31, Ln. 58-61).
Regarding claim 17, Petrovic, as modified by Clearman, discloses the spray head of claim 16. Clearman further teaches 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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With respect to claim 18, Petrovic, as modified by Clearman, discloses the spray head of claim 17. Clearman further teaches 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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In regards to claim 19, Petrovic, as modified by Clearman, discloses the spray head of claim 18. Clearman further teaches 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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Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNA THI HO/Examiner, Art Unit 3752 /STEVEN M CERNOCH/Primary Examiner, Art Unit 3752
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