DETAILED ACTION
The communication dated 09/09/2025 has been entered and fully considered.
Claims 1-2, 4-14 are currently pending. Claim 3 was previously cancelled.
Claims 1 and 5 are currently amended. Claims 9-14 are new.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/09/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 5 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.
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 1-2, 4, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nunomura JP3938129 (henceforth referred to as Nunomura) in view of Kim et al. U.S. Publication 2006/0283488 (henceforth referred to as Kim).
As to claim 1, (Currently amended) Nunomura teaches an ultrasonic shower cleaning device of a stream spot shower type configured to clean an object to be cleaned through a cleaning liquid to which an ultrasonic vibration has been applied, the ultrasonic shower cleaning device comprising:
a liquid supply port configured to allow supply of the cleaning liquid (FIG. 13 paragraph [0004] pipeline 20 reads on the claimed liquid supply port);
a flow passage, which is continuous from the liquid supply port, and is configured to allow flow of the cleaning liquid (FIG. 13 shows a flow passage continuous from pipeline 20 as indicated by the dashed arrow);
a vibrating body, which defines a part of the flow passage, and is configured to apply an ultrasonic vibration to the cleaning liquid (FIG. 13 paragraph [0010] ultrasonic transmitter 46); and
a discharge port configured to allow discharge of the cleaning liquid flowing from the flow passage (FIGS. 11 and 13 paragraph [0003] discharge port 12),
wherein the vibrating body is provided so as to be continuous from an inside of the flow passage (FIG. 13 the vibrating body is within the flow passage), and
the cleaning liquid flows from the discharge port along a direction in which the vibrating body projects while being in contact with the vibrating body, the ultrasound vibration is then applied to the cleaning liquid from the vibration surface (FIG. 13 paragraph [0010] pipeline 20 supplies cleaning liquid along the vibrating body so that ultrasound vibration can be applied to it), and
the cleaning liquid to which the ultrasound vibration is applied is ejected to the object to be cleaned (FIG. 13 paragraph [0010] cleaning liquid 13 is sprayed from a nozzle shower type ultrasonic cleaning device 41) while the vibration surface is spaced apart from the object to be cleaned by a distance in which the cleaning liquid that leaves the vibration surface is ejected as a beam stream to the object to be cleaned (FIG. 13 the cleaning liquid leaving the vibration surface is ejected as a beam stream).
Nunomura differs from the instant claim in failing to teach a rectifying portion which defines a part of the flow passage and is configured to temporarily store the cleaning liquid supplied from the liquid supply port; the cleaning liquid is flowed over from the rectifying portion; the vibrating body is projecting to the outside of the discharge port; the vibrating body comprises a distal end projecting to the outside of the discharge port.
Nunomura teaches the vibrating body that projects to an outside of the discharge port (FIG. 12 paragraph [0007] vibrating surface 35), the vibrating body comprises a distal end projecting to the outside of the discharge port (FIG. 12 the vibrating body projects to the outside of the a port), and a vibration surface that vibrates longitudinally at the distal end (FIG. 12 paragraph [0007] vibrating surface 35).
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 ultrasonic shower cleaning device with an extended nozzle as shown in Figure 12. One skilled in the art would have the reasonable expectation that the vibrating body would be capable of supplying ultrasonic vibrations to a cleaning liquid, even when the vibrating body is projected to an outside of the discharge port. Additionally, the protruding vibrating body would be capable of supplying ultrasonic waves to the cleaning liquid without touching the object to be cleaned when combined with the spraying embodiment as shown in figure 13.
Examiner regards the operation of the claimed ultrasonic shower cleaning device as intended use of the apparatus’ structure. The combination of a shower cleaning device with a nozzle with a longer ultrasonic transmitter would be capable of cleaning an object while spaced apart from the object to be cleaned (FIG. 13 paragraph [0010] ultrasonic cleaning device 41 can be used to clean at a distance). Apparatus claims cover what a device is, not what a device does. An apparatus claim may be unobvious even if it operates in the same way as the prior art, as long as there are structural differences. Hewlett-Packard Co. v. Bausch & Lomb Inc. 15 USPQ 2d 1525 (Fed. Cir. 1990).
Kim teaches a similar ultrasonic shower cleaning device (FIGS. 4 and 7 paragraph [0077] injector module 200). Kim teaches a rectifying portion (FIG. 7 paragraph [0088] trapezoidal partitions 242 read on the claimed rectifying portion) which defines a part of the flow passage and is configured to temporarily store the cleaning liquid supplied from the liquid supply port (FIG. 7 paragraph [0088] When the partitions 242 are provided in the fluid passage housing 220, the raw water first gradually fills the interior space 222 from a bottom surface 221 of the fluid passage housing 220.); and the cleaning liquid is flowed over from the rectifying portion (FIG. 7 paragraph [0088] the water fills the interior space 222, then overflows the partitions 242 to thereby be supplied into the injection nozzles 260).
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 ultrasonic shower cleaning device as taught by Nunomura with a rectifying portion as taught by Kim. The rectifying portions can allow for the raw water to be uniformly treated by the ultrasonic vibrators and also uniformly distributed from the upper ends of the partitions 242 into the injection nozzles (paragraph [0089]).
As to claim 2, (Original) Nunomura further teaches the cleaning liquid is allowed to flow out in a direction in which the vibrating body projects (FIG. 13 paragraph [0012] cleaning liquid 13 flows out in the direction in which the vibrating body projects).
As to claim 4, (Previously presented) Nunomura further teaches the vibrating body includes a vibration transmitting portion having an inverted truncated conical outer peripheral surface (FIG. 13 paragraph [0011] ultrasonic transmitter body 46 is formed in an approximately truncated cone shape), the outer peripheral surface defines a flow passage configured to allow flow of the cleaning liquid toward the distal end portion (FIG. 13 the cleaning liquid 13 passes through the defined flow passage toward the distal end portion).
As to claim 9, (New) The combination of Nunomura and Kim further teaches a casing (Kim FIG. 5 paragraph [0071] vibrator gasket 162 reads on the claimed casing) in which the vibrating body (Nunomura FIG. 13 paragraph [0010] ultrasonic transmitter 46) is accommodated and fixed, wherein
the rectifying portion comprises a bottom portion located at a lower part of the casing (FIG. 7 paragraph [0082] lower housing 240 has a bottom portion), and a projection portion formed on the bottom portion and projecting upward from the bottom portion (FIG. 7 trapezoidal partitions 242 project upward from the lower housing 240).
As to claim 10, (New) Kim further teaches the rectifying portion is configured to cause the cleaning liquid temporarily stored in the rectifying portion to flow over an upper surface of the projection portion (FIG. 7 paragraph [0088] the water fills the interior space 222, then overflows the partitions 242 to thereby be supplied into the injection nozzles 260), and rectify the cleaning liquid into a uniform flow that is to be guided along the vibrating body (paragraph [0089] as a result of allowing the raw water to overflow the partitions 242 to thereby be uniformly distributed from the entire upper ends of the partitions 242, the water can be supplied to the nozzles 260 in a substantially laminar flow form and also can allow the vibrational energy, generated in the ultrasonic vibrators 120, to be uniformly applied to the raw water).
As to claim 11, (New) The combination of Nunomura and Kim teach the vibrating body projects to an outside of the rectifying portion (Nunomura FIG. 12 paragraph [0007] vibrating surface 35 would extend to an outside of the rectifying portion of Kim).
Claims 5-8, 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Nunomura JP3938129 (henceforth referred to as Nunomura) in view of Kim et al. U.S. Publication 2006/0283488 (henceforth referred to as Kim) and Kitaori et al. JP2001310165 (henceforth referred to as Kitaori).
As to claim 5, (Currently amended) Nunomura teaches an ultrasonic shower cleaning device of a stream line shower type configured to clean an object to be cleaned through a cleaning liquid to which an ultrasonic vibration has been applied, the ultrasonic shower cleaning device comprising:
a liquid supply port configured to allow supply of the cleaning liquid (FIG. 13 paragraph [0004] pipeline 20 reads on the claimed liquid supply port);
a flow passage, which is continuous from the liquid supply port, and is configured to allow flow of the cleaning liquid (FIG. 13 shows a flow passage continuous from pipeline 20 as indicated by the dashed arrow);
a vibrating body, which defines a part of the flow passage, and is configured to apply an ultrasonic vibration to the cleaning liquid (FIG. 13 paragraph [0010] ultrasonic transmitter 46); and
a discharge port configured to allow discharge of the cleaning liquid flowing from the flow passage (FIG. 11 and 13 paragraph [0003] discharge port 12),
wherein the vibrating body is provided so as to be continuous from an inside of the flow passage (FIG. 13 the vibrating body is within the flow passage), and
the cleaning liquid flows from the discharge port along a direction in which the vibrating body projects while being in contact with the vibrating body, the ultrasound vibration is then applied to the cleaning liquid from the vibration surface (FIG. 13 paragraph [0010] pipeline 20 supplies cleaning liquid along the vibrating body so that ultrasound vibration can be applied to it), and
the cleaning liquid to which the ultrasound vibration is applied is ejected to the object to be cleaned (FIG. 13 paragraph [0010] cleaning liquid 13 is sprayed from a nozzle shower type ultrasonic cleaning device 41) while the vibration surface is spaced apart from the object to be cleaned by a distance.
Nunomura differs from the instant claim in failing to teach a rectifying portion which defines a part of the flow passage and is configured to temporarily store the cleaning liquid supplied from the liquid supply port; the cleaning liquid is flowed over from the rectifying portion; the vibrating body is projecting to the outside of the discharge port; the vibrating body comprises a distal end projecting to the outside of the discharge port; a vibration surface that vibrates longitudinally at the distal end; and the cleaning liquid that leaves the vibration surface is ejected in a linear fashion to the object to be cleaned.
Nunomura teaches the vibrating body that projects to an outside of the discharge port (FIG. 12 paragraph [0007] vibrating surface 35), the vibrating body comprises a distal end projecting to the outside of the discharge port (FIG. 12 the vibrating body projects to the outside of the a port), and a vibration surface that vibrates longitudinally at the distal end (FIG. 12 paragraph [0007] vibrating surface 35).
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 ultrasonic shower cleaning device with an extended nozzle as shown in Figure 12. One skilled in the art would have the reasonable expectation that the vibrating body would be capable of supplying ultrasonic vibrations to a cleaning liquid, even when the vibrating body is projected to an outside of the discharge port. Additionally, the protruding vibrating body would be capable of supplying ultrasonic waves to the cleaning liquid without touching the object to be cleaned when combined with the spraying embodiment as shown in figure 13.
Kim teaches a similar ultrasonic shower cleaning device (FIGS. 4 and 7 paragraph [0077] injector module 200). Kim teaches a rectifying portion (FIG. 7 paragraph [0088] trapezoidal partitions 242 read on the claimed rectifying portion) which defines a part of the flow passage and is configured to temporarily store the cleaning liquid supplied from the liquid supply port (FIG. 7 paragraph [0088] When the partitions 242 are provided in the fluid passage housing 220, the raw water first gradually fills the interior space 222 from a bottom surface 221 of the fluid passage housing 220.); and the cleaning liquid is flowed over from the rectifying portion (FIG. 7 paragraph [0088] the water fills the interior space 222, then overflows the partitions 242 to thereby be supplied into the injection nozzles 260).
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 ultrasonic shower cleaning device as taught by Nunomura with a rectifying portion as taught by Kim. The rectifying portions can allow for the raw water to be uniformly treated by the ultrasonic vibrators and also uniformly distributed from the upper ends of the partitions 242 into the injection nozzles (paragraph [0089]).
Kitaori teaches a similar ultrasonic shower cleaning device (FIG. 10 paragraph [0047] ultrasonic cleaning device). Kitaori teaches the cleaning liquid that leaves the vibration surface is ejected in a linear fashion to the object to be cleaned (FIG. 10 paragraph [0048] tip surface 20C has an elongated rectangular shape, which reads on the claimed linear fashion).
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 ultrasonic shower cleaning device as taught by Nunomura a way for the cleaning liquid to leave the ejection port in a linear fashion as taught by Kitaori to clean a wider area of a surface (Kitaori paragraph [0048]).
Examiner regards the operation of the claimed ultrasonic shower cleaning device as intended use of the apparatus’ structure. The combination of a shower cleaning device with a nozzle with a longer ultrasonic transmitter would be capable of cleaning an object while spaced apart from the object to be cleaned (FIG. 13 paragraph [0010] ultrasonic cleaning device 41 can be used to clean at a distance).
As to claim 6, (Previously presented) Nunomura further teaches the cleaning liquid is allowed to flow out in a direction in which the vibrating body projects (FIG. 13 paragraph [0012] cleaning liquid 13 flows out in the direction in which the vibrating body projects).
As to claim 7, (Previously presented) The combination of Nunomura and Kitaori further teach the discharge port is formed in a rectangular shape (Kitaori FIG. 10 paragraph [0048] tip surface 20C has an elongated rectangular shape),
wherein the vibrating body (Nunomura FIGS. 12 or 13 paragraphs [0010] or [0012] ultrasonic transmitter 46 or 36) is arranged so as to be spaced apart by a predetermined distance from inner surfaces comprising a longitudinal direction defining the discharge port (Nunomura FIGS. 12 and 13 show the ultrasonic transmitter is spaced apart from the inner peripheral surface of the discharge port), and
wherein the flow passage is defined by the inner surfaces and the vibrating body (Nunomura FIG. 13 shows the flow passage defined by the inner peripheral surface and the vibrating body).
As to claim 8, (Previously presented) Nunomura further teaches the outer peripheral surface defines a flow passage configured to allow flow of the cleaning liquid toward the distal end portion (FIG. 13 the cleaning liquid 13 passes through the defined flow passage toward the distal end portion).
Nunomura and Kitaori do not teach that the vibrating body includes a vibration transmitting portion including an outer peripheral surface and a distal end portion and having an inverted isosceles trapezoidal shape. However, Kitaori shows that the ultrasonic horn can be modified in shape to accommodate for the difference in shape of the cover portion (paragraph [0048]). Therefore, absent the demonstration of any new or unobvious results, the claimed shape is considered by Examiner to be prima facie obvious as a change in shape. It is old and well known to change shapes, with no change in their respective functions, as a matter of choice which a person of ordinary skill in the art would have found obvious. See MPEP § 2144.04, IV, B. Changes in Shape.
As to claim 12, (New) The combination of Nunomura and Kim further teach a casing (Kim FIG. 5 paragraph [0071] vibrator gasket 162 reads on the claimed casing) in which the vibrating body (Nunomura FIG. 13 paragraph [0010] ultrasonic transmitter 46) is accommodated and fixed, wherein
the rectifying portion comprises a bottom portion located at a lower part of the casing (FIG. 7 paragraph [0082] lower housing 240 has a bottom portion), and a projection portion formed on the bottom portion and projecting upward from the bottom portion (FIG. 7 trapezoidal partitions 242 project upward from the lower housing 240).
As to claim 13, (New) Kim further teaches the rectifying portion is configured to cause the cleaning liquid temporarily stored in the rectifying portion to flow over an upper surface of the projection portion (FIG. 7 paragraph [0088] the water fills the interior space 222, then overflows the partitions 242 to thereby be supplied into the injection nozzles 260), and rectify the cleaning liquid into a uniform flow that is to be guided along the vibrating body (paragraph [0089] as a result of allowing the raw water to overflow the partitions 242 to thereby be uniformly distributed from the entire upper ends of the partitions 242, the water can be supplied to the nozzles 260 in a substantially laminar flow form and also can allow the vibrational energy, generated in the ultrasonic vibrators 120, to be uniformly applied to the raw water).
As to claim 14, (New) The combination of Nunomura and Kim teach the vibrating body projects to an outside of the rectifying portion (Nunomura FIG. 12 paragraph [0007] vibrating surface 35 would extend to an outside of the rectifying portion of Kim)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN G ORTA whose telephone number is (703)756-5455. The examiner can normally be reached Monday - Friday 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.G.O./Examiner, Art Unit 1711
/LEVON J SHAHINIAN/Primary Examiner, Art Unit 1711