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 .
Election/Restrictions
Applicant's election without traverse of Channel Shape Species A (Claim 10), and User Activated Mechanism Species A (Claim 16) in the reply filed on 9/22/2025 is acknowledged.
Applicant's election with traverse of Shower Head Base Configuration Species B (Fig. 5B, Claims 8-9), in the reply filed on 9/22/2025 is acknowledged. Claims 6-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
Applicant timely traversed the restriction (election) requirement between Shower Head Base Configuration Species A and B in the reply filed on 9/22/2025, in response to the requirement for restriction mailed 7/21/2025.
The traversal is on the grounds that searching both Shower Head Base Configuration Species A and Shower Head Base Configuration Species B would not present any significant burden, because Claim 19 recites “wherein when a first side of the shower face is directed away from the shower head base, the shower face is configured to deliver the spray in a pressure boosting mode, and when a second side of the shower face opposite the first side is directed away from the shower head base, the shower face is configured to deliver the spray in coverage boosting mode.”, thus Claim 19 requires searching of features for both a “pressure boosting mode” and a “coverage boosting mode.”, so there would not be a search burden to apply the same search techniques to searching Claims 6-7 in Species A and Claims 8-9 in Species B.
This argument is not found persuasive because, as discussed during the interview conducted on 9/18/2025, a search of Claim 19 does not fully encompass a search of the independent and distinct species of Claims 6-7 and 8-9 because Claim 19 merely requires the functional limitation of “wherein when a first side of the shower face is directed away from the shower head base, the shower face is configured to deliver the spray in a pressure boosting mode, and when a second side of the shower face opposite the first side is directed away from the shower head base, the shower face is configured to deliver the spray in coverage boosting mode" whereas Claims 6 and 8 each require positively recited structural limitations of being mounted in a particular configuration. Thus, a search burden exists for searching both Shower Head Base Configuration Species A and B mounted in particular configurations, even if Claim 19 for having mounting capabilities is already being examined. Furthermore, the species have divergent subject matter that require a different field of search (e.g., searching different classes/subclasses or electronic resources, and/or employing different search strategies or search queries using different keywords), and the prior art applicable to one species may not be applicable to another species.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/6/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the one or more exchangeable intermediate pieces are dual-sided and configured to be mounted to the shower plate with either side facing the shower plate” (See Claim 14. Fig. 7 does not show a configuration where intermediate piece #315c is mounted with an opposite side facing shower plate #322) must be shown or the feature canceled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because in Paragraph 0076 of the Specification, the reference character “317c” is used to refer to both “nozzles” and “a channel”.
Appropriate correction is required.
Claim Objections
Claims 1, 13, 17, and 20 are objected to because of the following informalities:
In Claim 1 Line 4, “each channel” should be revised to “each channel of the plurality of channels” to ensure clarity in the claim.
In Claim 5 Lines 2-3, “each channel” should be revised to “each channel of the plurality of channels” to ensure clarity in the claim.
In Claim 13 Lines 4-5, “each exchangeable intermediate piece” should be revised to “each exchangeable intermediate piece of the one or more exchangeable intermediate pieces” to ensure clarity in the claim.
In Claim 17 Line 4, “each shower face” should be revised to “each shower face of the one or more shower faces” to ensure clarity in the claim.
In Claim 17 Line 5, “each shower face” should be revised to “each shower face of the one or more shower faces” to ensure clarity in the claim.
In Claim 20 Line 6, “each exchangeable intermediate piece” should be revised to “each exchangeable intermediate piece of the one or more exchangeable intermediate pieces” to ensure clarity in the claim.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
The “user-activated mechanism” in Claims 1, 17, and 20, which uses the generic placeholder “mechanism” coupled with functional language without reciting sufficient structure.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitations:
The “user-activated mechanism” in Claims 1, 17, and 20 corresponds to the disclosure in Paragraph 0064 of the Specification which states, “The user-activated actuator may include, for example, one or more of a push button, a lever, a rotary dial, or a combination thereof”. Therefore, based on the disclosure and the claims as a whole the examiner interprets the “user-activated mechanism” in Claims 1, 17, and 20 to be a push button, a lever, a rotary dial, or a combination thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 3, 9, 13-15, and 20 are 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 3 is indefinite because Lines 1-3 state “The shower head of claim 1, wherein the pressure boosting spray is configured to increase water pressure across the shower face by about 10% to about 50% compared to a pressure of the spray” and there is improper antecedent basis for “the pressure boosting spray” in the claim. It is not clear if a pressure boosting spray was intended to be previously recited or if Claim 3 is intended to depend from Claim 2 instead of Claim 1. Claim 3 is also indefinite because the term “about 10% to about 50%” is a relative term. The term “about” is not defined by the claim and the specification does not provide a standard for ascertaining the requisite degree. It is not clear if “about 10% to about 50%” means 9% to 51%, 45% to 55%, or some other range of percentages. For the purpose of examination, Claim 3 Lines 1-3 will be interpreted to state “The shower head of claim 2, wherein the pressure boosting spray is configured to increase water pressure across the shower face by 10% to 50% compared to a pressure of the spray”.
Claim 9 is indefinite because Lines 1-3 state “The shower head of claim 8, wherein the coverage boosting mode is configured to increase spread of water across the shower surface by about 10% to about 50% compared to an incoming spread at the first openings” and there is improper antecedent basis for “the shower surface” in the claim. It is not clear if a shower surface was intended to be previously recited or if “the shower surface” is the same as the “shower face”. Claim 9 is also indefinite because the term “about 10% to about 50%” is a relative term. The term “about” is not defined by the claim and the specification does not provide a standard for ascertaining the requisite degree. It is not clear if “about 10% to about 50%” means 9% to 51%, 45% to 55%, or some other range of percentages. For the purpose of examination, Claim 9 Lines 1-3 will be interpreted to state “The shower head of claim 8, wherein the coverage boosting mode is configured to increase spread of water across the shower face by 10% to 50% compared to an incoming spread at the first openings”.
Claim 13 is indefinite because Lines 1-4 state “wherein the shower face comprises a shower plate and one or more exchangeable intermediate pieces removably mounted to the shower plate, the shower plate comprises the plurality of channels and the one or more exchangeable intermediate pieces comprise the plurality of nozzles” and it is not clear how the one or more exchangeable intermediate pieces that comprise the plurality of nozzles can be part of the shower face since Claim 12 from which Claim 13 depends states “wherein a plurality of nozzles extend through the plurality of channels, outward from a first side of the shower face, and outward from a second side opposite the first side of the shower face”. Fig. 7 shows a nozzle #318 that is part of an exchangeable intermediate piece #315c extending through a channel #317c such that #318 is outward from a first side of shower plate #322 and is also outward from a first side of shower plate #322. Therefore, based on the limitations of Claim 12 and Claim 13 and the disclosure as a whole, it appears that the shower face as recited in Claim 13 does not comprise the one or more exchangeable intermediate pieces. Thus, for the purpose of examination, Claim 13 Lines 1-4 will be interpreted to state “wherein the shower face comprises a shower plate and the shower head further comprises one or more exchangeable intermediate pieces removably mounted to the shower plate, wherein the shower plate comprises the plurality of channels and the one or more exchangeable intermediate pieces comprise the plurality of nozzles”.
Claim 14 is indefinite because Lines 1-3 state “The shower head of claim 12, wherein the one or more exchangeable intermediate pieces are dual-sided and configured to be mounted to the shower plate with either side facing the shower plate” and there is improper antecedent basis for “the one or more exchangeable intermediate pieces” and “the shower plate” in the claim. It is not clear if one or more exchangeable intermediate pieces and a shower plate were intended to be previously recited, or if Claim 14 is intended to depend from Claim 13 instead of Claim 12. For the purpose of examination, Claim 14 Lines 1-3 will be interpreted to state “The shower head of claim 13, wherein the one or more exchangeable intermediate pieces are dual-sided and configured to be mounted to the shower plate with either side of the one or more exchangeable intermediate pieces facing the shower plate”.
Claim 15 is indefinite because Lines 1-4 state “The shower head of claim 12, wherein the one or more exchangeable intermediate pieces are made of one or more of polyoxymethylene, acrylonitrile butadiene styrene, and nylon and the shower plate is made of one or more of acrylonitrile butadiene styrene, thermoplastic elastomer/thermoplastic rubber, silicone, and stainless steel” and there is improper antecedent basis for “the one or more exchangeable intermediate pieces” and “the shower plate” in the claim. It is not clear if one or more exchangeable intermediate pieces and a shower plate were intended to be previously recited, or if Claim 15 is intended to depend from Claim 13 or Claim 14 instead of Claim 12. For the purpose of examination, Claim 15 Lines 1-4 will be interpreted to state “The shower head of claim 13, wherein the one or more exchangeable intermediate pieces are made of one or more of polyoxymethylene, acrylonitrile butadiene styrene, and nylon and the shower plate is made of one or more of acrylonitrile butadiene styrene, thermoplastic elastomer/thermoplastic rubber, silicone, and stainless steel”.
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)(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 1-2, 4-5, 8, 10-11, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 6,776,357 B1 to Naito (“Naito”).
As to Claim 1, Naito discloses a shower head (See #1 in Fig. 1) comprising:
a shower head base (#3);
a shower face (#5, which can be the shower face shown in Fig. 15B per Col. 9 Lines 33-35 and is flat with an even thickness as disclosed in Col. 4 Lines 19-21) removably mounted to the shower head base (See Col. 3 Lines 30-32), the shower face comprising a plurality of channels (#H) configured to deliver a spray (See Col. 4 Lines 5-10), each channel comprising openings on opposite sides of the shower face (See Fig. 2 and Fig. 15B, each channel #H has an inlet opening on a left side of #5 and an outlet opening on a right side of #5); and
a user-activated mechanism (#6, which is shown in Fig. 2 with threads, thus #6 is equivalent to a rotary dial that can be rotated when screwed to #3 or unscrewed from #3) configured to remove the shower face from the shower head base to allow customization of the spray from the shower head (See Col. 3 Lines 30-32 disclosing that #6 can be removed to replace #5, thus #6 can be unscrewed from #3 to remove #5 from #1 to replace #5 with another component shown in Figs. 15A, 15C, 16A, 16B, and 16C to customize a spray from #1).
As to Claim 2, in reference to the shower head of Naito as applied to Claim 1 above, Naito further discloses wherein the shower face is replaceable with a different shower face comprising a different plurality of channels, wherein the different plurality of channels are configured to deliver a pressure boosting spray from the shower head based on a shape and pattern of the different plurality of channels (See Col. 3 Lines 30-32 disclosing that #6 can be removed to replace #5 and See Figs. 15A, 15C, 16A, 16B, and 16C showing different types of shower faces. Therefore, shower face #5 of shower head #1 is capable of being replaced with a different shower face such as the shower face shown in Fig. 16B that has a different plurality of channels that can deliver a spray with a boosted pressure from the shower head as disclosed in disclosed in Col. 9 Lines 9-13 due to the a shape and pattern of the different plurality of channels H.).
As to Claim 4, in reference to the shower head of Naito as applied to Claim 1 above, Naito further discloses wherein the shower face is mountable to the shower head base with either side facing away from the shower head base and the spray of the shower head is dependent upon which side of the shower face is facing away from the shower head base (See Fig. 2 and See Fig. 15B. The flat shower face #5, with the embodiment shown in Fig. 15B is constructed such that it is capable of being mounted to #3 with either an upper side or a lower side of #72 facing away from #3 such that the spray of #1 depends on which direction #72 is mounted).
As to Claim 5, in reference to the shower head of Naito as applied to Claim 1 above, Naito further discloses wherein the plurality of channels of the shower face extend from a first side of the shower face to a second side opposite the first side, and each channel is formed by a first opening in the shower face on the first side and a second opening in the shower face on the second side (See Annotated Fig. 2 and Annotated Fig. 15B).
As to Claim 8, in reference to the shower head of Naito as applied to Claim 5 above, Naito further discloses wherein the shower face is removably mounted to the shower head base in a second configuration in which the second side of the shower face faces outward away from the shower head base (See Annotated Fig. 2 and Annotated Fig. 15B), and the first and second openings are configured to diverge water flow from the first openings towards the second openings for achieving a coverage boosting mode (See Annotated Fig. 2 and Annotated Fig. 15B, water will flow from the first opening out of the second opening such that water will diverge and spread with a boosted spray coverage compared to if the shower face were flipped).
As to Claim 10, in reference to the shower head of Naito as applied to Claim 1 above, Naito further discloses wherein the plurality of channels comprise one or more sets of channels that have a same channel shape (See Fig. 2 and Fig. 15B showing each channel H with a same shape).
As to Claim 11, in reference to the shower head of Naito as applied to Claim 1 above, Naito further discloses wherein the plurality of channels are shaped and patterned across the shower face for achieving a pressure mode that is dependent on which side of the shower face is facing away from the shower head base (See Fig. 2 and Fig. 15B. If the shower face shown in Fig. 15B is flipped relative to #3, a pressure of fluid dispensed out of #1 from channels #H will change due to the shape of the channels #H shown in Fig. 15B).
As to Claim 17, Naito discloses a shower head modular assembly (See #1 in Fig. 1. Per Col. 3 Lines 30-32, #6 can be removed and #5 can be replaced, thus #1 is modular as it is made up of different replaceable components), comprising:
a shower head base (#3);
one or more shower faces (See #5 in Fig. 2 and See Figs. 15A-16C showing different types of shower faces. #5 in Fig. 2 can be the shower face shown in Fig. 16B, which can be flat with an even thickness as disclosed in Col. 4 Lines 19-21) configured to be to removably mounted to the shower head base (See Col. 3 Lines 30-32), each shower face comprising a plurality of channels (#H) configured to deliver a spray (See Col. 4 Lines 5-10) and extend between openings on opposite sides of each shower face (See Annotated Fig. 2 and Annotated Fig. 16B); and
a user-activated mechanism (#6, which is shown in Fig. 2 with threads, thus #6 is equivalent to a rotary dial that can be rotated when screwed to #3 or unscrewed from #3) for dismounting a shower face of the one or more shower faces mounted to the shower head base to allow customization of the spray exiting the one or more shower faces (See Col. 3 Lines 30-32 disclosing that #6 can be removed to replace #5, thus #6 can be unscrewed from #3 to remove #5 from #1 to replace #5 with another component shown in Figs. 15A, 15B, 15C, 16A, and 16C to customize a spray from #1).
As to Claim 18, in reference to the modular assembly of Naito as applied to Claim 17 above, Naito further discloses wherein at least one of the one or more shower faces is configured to be removably mounted to the shower head base with either side facing away from the shower head base (See Fig. 2 and See Annotated Fig. 16B. The flat shower face #5, with the embodiment shown in Fig. 16B is constructed such that it is capable of being removed and mounted to #3 with either a first side or a second side facing away from #3 such that the spray of #1 depends on which direction #5 is mounted).
As to Claim 19, in reference to the modular assembly of Naito as applied to Claim 18 above, Naito further discloses wherein when a first side of the shower face is directed away from the shower head base, the shower face is configured to deliver the spray in a pressure boosting mode (See Annotated Fig. 2 and Annotated Fig. 16B. If #1 is assembled with a first side of the shower face shown in Fig. 16B directed away from #3, a pressure of fluid coming out of #H will be boosted due to #H narrowing per Col. 9 Lines 9-13), and when a second side of the shower face opposite the first side is directed away from the shower head base, the shower face is configured to deliver the spray in coverage boosting mode (See Annotated Fig. 2 and Annotated Fig. 16B. If #1 is assembled with a second side of the shower face shown in Fig. 15B directed away from #3, a spray coverage of fluid coming out of #H will be increased due to #H widening).
As to Claim 20, Naito discloses a shower head modular assembly (See #1 in Fig. 1. Per Col. 3 Lines 30-32, #6 can be removed and #5 can be replaced, thus #1 is modular as it is made up of different replaceable components), comprising:
a shower head base (#3);
a shower face (See #5 in Fig. 2 and See Figs. 15A-16C showing different types of shower faces. #5 in Fig. 2 can be the shower face shown in Annotated Fig. 16C, which can be flat with an even thickness as disclosed in Col. 4 Lines 19-21) comprising a shower plate (See Annotated Fig. 16C) that comprises a plurality of channels (#H) for passing water (See Col. 4 Lines 5-10);
one or more exchangeable intermediate pieces (See Annotated Fig. 16C showing an intermediate piece that is capable of being exchanged in #1) comprising a plurality of nozzles (See Annotated Fig. 16C, holes in the intermediate piece are equivalent to nozzles that distribute fluid) that align with the plurality of channels of the shower face (See Annotated Fig. 16C and See Col. 9 Lines 14-20), each exchangeable intermediate piece is configured to be removably mounted to the shower plate (See Fig. 2, Fig. 16C, and See Col. 3 Lines 30-32 disclosing that #6 can be removed to replace #5, thus #6 can be unscrewed from #3 to remove the intermediate piece from #1 and for the intermediate piece to be replaced with another component); and
a user-activated mechanism (#6, which is shown in Fig. 2 with threads, thus #6 is equivalent to a rotary dial that can be rotated when screwed to #3 or unscrewed from #3) for removing the shower face from the shower head base to allow customization of the spray exiting the shower face (See Col. 3 Lines 30-32 disclosing that #6 can be removed to replace #5, thus #6 can be unscrewed from #3 to remove #5 from #1 to replace #5 with another component shown in Figs. 15A, 15B, 15C, 16A, and 16B to customize a spray from #1).
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.
Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over Naito.
Regarding Claim 3, in reference to the shower head of Naito as applied to Claim 2 above, Naito does not specifically disclose wherein the pressure boosting spray is configured to increase water pressure across the shower face by about 10% to about 50% compared to a pressure of the spray (See Fig. 5 showing outlet pressure compared to pressure inside #1 and Col. 5 Lines 1-20 disclosing an increase in pressure, however a specific pressure increase percentage due to using #16B is not disclosed).
However, Naito does disclose wherein water pressure increases as a function of a size of the plurality of channels (See Col. 9 Lines 9-13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shower head of Naito as applied to Claim 2 above such that the pressure boosting spray is configured to increase water pressure across the shower face by 10% to 50% compared to a pressure of the spray by setting the plurality of channels #H of #16B at a desired size, since doing so would yield the predictable result of spurting fluid from the shower head with a desired intensity (See Naito Col. 9 Lines 9-13).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Naito in view of US PGPUB 2021/0138487 A1 to Bobusch et al. (“Bobusch”).
Regarding Claim 9, in reference to the shower head of Naito as applied to Claim 8 above, Naito does not specifically disclose wherein the coverage boosting mode is configured to increase spread of water across the shower surface by about 10% to about 50% compared to an incoming spread at the first openings (See Annotated Fig. 15B of Naito. The channels #H are constructed to increase spread of water across #72 when #H expands from the first opening to the second opening, however a specific spread is not disclosed).
However Bobusch discloses, in the same field of endeavor of fluid spraying (See Paragraphs 0001-0002) a fluid sprayer (See #1 in Fig. 17) comprising a face (See a portion over l108) that is configured to diverge fluid flow from a first opening (#107) towards a second opening (See an upper end of #1) for achieving a coverage boosting mode (See Fig. 17 and Paragraph 0143), wherein the coverage boosting mode is configured to increase spread of fluid across the face by a varied percentage depending on size of the second opening (See Fig. 17 and Paragraph 0143, a outlet angle of fluid spray, and thus an increase in spread of fluid, can be adjusted to a desired amount based on an angle between #53a and #53b).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shower head of Naito as applied to Claim 8 above such that the coverage boosting mode is configured to increase spread of water across the shower surface by 10% to 50% compared to an incoming spread at the first openings by adjusting a width of the second openings as taught by Bobusch, since doing so would yield the predictable result of providing fluid covering a desired width on a target to be cleaned (See Bobusch Paragraph 0143).
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Naito in view of US PGPUB 2021/0086205 A1 to Downey (“Downey”).
Regarding Claim 12, in reference to the shower head of Naito as applied to Claim 1, Naito does not specifically disclose wherein a plurality of nozzles extend through the plurality of channels, outward from a first side of the shower face, and outward from a second side opposite the first side of the shower face (See Annotated Fig. 2 and Figs. 15A-16C, none of the shower faces shown have nozzles extending through channels #H).
However, Downey discloses, in the same field of endeavor of fluid spraying (See Paragraph 0002), a shower head (See #10 in Figs. 1-6) comprising a plurality of nozzles (#22, which are on #14) that extend through a plurality of channels (#28, which are on #12), outward from a first side (See a top side of #12 in Fig. 6) of a shower face (#12), and outward from a second side opposite the first side of the shower face (See a bottom side of #12 at #34 in Fig. 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shower head of Naito as applied to Claim 1 above such that a plurality of nozzles extend through the plurality of channels, outward from a first side of the shower face, and outward from a second side opposite the first side of the shower face, but utilizing #14 of Downey sized for the shower head #1 of Naito adjacent to the shower face #5 of Naito, since doing so would yield the predictable result of allowing water to be dispensed from the shower head as a stream (See Downey Paragraph 0019).
As to Claim 13, in reference to the shower head of Naito in view of Downey as applied to Claim 12 above, Naito as modified by Downey further discloses wherein the shower face comprises a shower plate (See #5 of Naito in Fig. 2 and See #12 of Downey in Fig. 6) and one or more exchangeable intermediate pieces removably mounted to the shower plate (See #14 of Downey in Fig. 6. When #14 of Downey is used and sized for the shower head of Naito, the intermediate piece will be removable when #6 of Naito is unscrewed from #1 of Naito such that the intermediate piece can be exchanged.), the shower plate comprises the plurality of channels (See Fig. 2 of Naito and See Fig. 6 of Downey) and the one or more exchangeable intermediate pieces comprise the plurality of nozzles (See Figs. 1 and 6 of Downey), wherein the plurality of nozzles of each exchangeable intermediate piece comprise a pattern for changing spray characteristics across the shower face (See Figs. 1 and 6 of Downey and See Paragraph 0019 of Downey).
As to Claim 14, in reference to the shower head of Naito in view of Downey as applied to Claim 13 above, Naito as modified by Downey further discloses wherein the one or more exchangeable intermediate pieces are dual-sided and configured to be mounted to the shower plate with either side facing the shower plate (See Fig. 2 of Naito and See Figs. 1 and 6 of Downey. The exchangeable intermediate piece #14 has a top side and a bottom side. The intermediate piece #14 of Downey is constructed such that it is capable of being mounted to the shower plate with either the top side or the bottom side facing the shower plate in the shower head #1 of Naito.).
As to Claim 15, in reference to the shower head of Naito in view of Downey as applied to Claim 13 above, Naito as modified by Downey further discloses wherein the one or more exchangeable intermediate pieces are made of one or more of polyoxymethylene, acrylonitrile butadiene styrene, and nylon (See Paragraph 0021 of Downey disclosing that #22 is made of ABS, which is equivalent to acrylonitrile butadiene styrene. Thus at least a portion at #22 of the exchangeable intermediate piece #14 is made of acrylonitrile butadiene styrene) and the shower plate is made of one or more of acrylonitrile butadiene styrene, thermoplastic elastomer/thermoplastic rubber, silicone, and stainless steel (See Col. 3 Lines 33-50 of Naito disclosing that #5 is made of silicone, elastomer, or rubber).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Naito in view of US Patent 5,964,415 to Hadar (“Hadar”).
Regarding Claim 16, in reference to the shower head of Naito as applied to Claim 1 above, Naito does not specifically disclose wherein the user-activated mechanism is a push button (See Fig. 2 showing #6 with threads, thus #6 is equivalent to a rotary dial that can be rotated when screwed to #3 or unscrewed from #3).
However, Hadar discloses, in the same field of endeavor of fluid spraying (See Col. 1 Lines 5-20), a shower head (See the dispenser shown in Figs. 1-5, which has a shower feature #24 as shown in Fig. 3) comprising a user-activated mechanism (#30) configured to remove a shower face (#8) from a shower head base (#2) to allow customization of a spray from the shower head (See Fig. 5 and Col. 4 Lines 13-30, when #30 is pressed to remove #8 from #2, spray from the dispenser is capable of being customized by changing components in the dispenser), wherein the user-activated mechanism is a push button (See Col. 4 Lines 25-30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shower head of Naito as applied to Claim 1 above such that the user-activated mechanism is a push button taught by Hadar instead having the user-activated mechanism being the rotatable dial of Naito, since doing so would yield the predictable result of allowing the shower face to be removed from the shower face with a single manual depression (See Hadar Col. 4 Lines 25-30) instead of by rotation.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
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/KEVIN EDWARD SCHWARTZ/Examiner, Art Unit 3752 November 21, 2025