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
This Office Action is in response to the Applicant’s amendment filed on July 15, 2026. Claims 1 and 18 have been amended. Claims 4-5, 11-12, and 19-20 have been canceled. Claim 25 has been added.
Response to Arguments
Applicant’s arguments with respect to claim 1 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 § 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 1-3, 6-10, 14, 17, 18, 21, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (US 2021/0277637 A1).
With regard to claim 1, Wu discloses a jet regulator (Fig. 1) comprising: - a first spray plate (see annotated figure below) configured to dispense a liquid as a laminar jet having an annular cross-section (Fig. 6); and - a second spray plate (see annotated figure below) configured to dispense the liquid as a mist jet (Fig. 3), wherein the first spray plate (see annotated figure below) has a plurality of flow channels (221) extending in parallel to a longitudinal axis of the second spray plate (see annotated figure below) such that the liquid exits a first liquid dispensing opening (22) of the first spray plate (see annotated figure below) as the laminar jet (Fig. 6), wherein the second spray plate (see annotated figure below) comprises a nozzle element (see annotated figure below) and a feed element (see annotated figure below), wherein the first spray plate (see annotated figure below) has a cylindrical or tubular mount, and wherein the nozzle element and the feed element are inserted into the cylindrical or tubular mount of the first spray plate (3) from opposite directions.
PNG
media_image1.png
844
1217
media_image1.png
Greyscale
With regard to claim 2, the device of Wu discloses the invention as disclosed in the rejection of claim 1 above. Wu further discloses that the first spray plate (see annotated figure above) is annular and at least partially encompasses the second spray plate (see annotated figure above).
With regard to claim 3, the device of Wu discloses the invention as disclosed in the rejection of claim 1 above. Wu further discloses that the second spray plate (see annotated figure above) is configured to be a nozzle (see annotated figure above).
With regard to claim 6, the device of Wu discloses the invention as disclosed in the rejection of claim 1 above. Wu further discloses that a sanitary faucet (10), comprising at least: a faucet body (12); and the jet regulator according to claim 1.
With regard to claim 7, the device of Wu discloses the invention as disclosed in the rejection of claim 6 above. Wu further discloses that a liquid can be routed to a second spray plate (see annotated figure above) of the jet regulator via an inlet channel (141) that opens into an inlet chamber (213) of the second spray plate (see annotated figure above) at an angle to a longitudinal axis of the second spray plate (Fig. 3).
With regard to claim 8, the device of Wu discloses the invention as disclosed in the rejection of claim 6 above. Wu further discloses that a valve (30), which can be used to route the liquid either to the first spray plate of the jet regulator (Fig. 4) or to the second spray plate of the jet regulator (Fig. 3).
With regard to claim 9, the device of Wu discloses the invention as disclosed in the rejection of claim 6 above. Wu further discloses that a changeover element (34) for actuating the valve (30).
With regard to claim 10, the device of Wu discloses the invention as disclosed in the rejection of claim 9 above. Wu further discloses that the changeover element (34) is disposed at the faucet body or a shower head of the sanitary faucet body (Fig. 1).
With regard to claim 14 and 21, the device of Wu discloses the invention as disclosed in the rejection of claims 1 and 6 above. Wu does further discloses that the second spray plate configured to atomize the liquid thereby producing a plurality of droplets (“aerator”, see Par. [0053]).
With regard to claim 17, the device of Wu discloses the invention as disclosed in the rejection of claim 1 above. Wu further discloses that the second spray plate (see annotated figure above) is configured to be a single nozzle.
With regard to claim 18, the device of Wu discloses the invention as disclosed in the rejection of claim 3 above. Wu further discloses that the nozzle tapers toward a second liquid dispensing opening of the second spray plate (see annotated figure above).
With regard to claim 25, the device of Wu discloses the invention as disclosed in the rejection of claim 1 above. Wu further discloses that the feed element (see annotated figure above) at least partially delimits an inlet chamber (see annotated figure above) of the second spray plate (see annotated figure above) and wherein the inlet chamber is configured such that the liquid flows through the inlet chamber as an eddy current to the nozzle element (“aerator”, see Par. [0053], it is well known in the art that an aerator creates eddy currents and fluid turbulence to mix gas and liquid).
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 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wu.
With regard to claim 13, the device of Wu discloses the invention as disclosed in the rejection of claim 1 above, except for the first spray plate is configured such that the liquid exits the first spray plate at a liquid pressure of 3 bar at a first liquid volume of 7 1/min to 11 1/min.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the first spray plate of Wu by having the liquid exits the first spray plate at a liquid pressure of 3 bar at a first liquid volume of 7 1/min to 11 1/min, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In the instant case, changing spray plate dimension, which achieves the recognized result of controlling fluid flow characteristics such as spray performance, and as such the spray plate dimension is recognized in the art as a result effective variable. Further, a one of ordinary skill in the art would have had a reasonable expectation of success at modifying the first spray plate of Wu as changes to spray plate design, including dimensions, are well within the level of skill of the art. Finding the optimal maximum dimension would therefore be simply a matter of routine experimentation.
With regard to claim 16, the device of Wu discloses the invention as disclosed in the rejection of claim 1 above, except for the second spray plate is configured such that the liquid exits the second spray plate at a liquid pressure of 3 bar at a second liquid volume of 0.1 1/min to 0.6 1/min.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the second spray plate of Wu by having the liquid exits the second spray plate at a liquid pressure of 3 bar at a second liquid volume of 0.1 1/min to 0.6 1/min, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In the instant case, changing spray plate dimension, which achieves the recognized result of controlling fluid flow characteristics such as spray performance, and as such the spray plate dimension is recognized in the art as a result effective variable. Further, a one of ordinary skill in the art would have had a reasonable expectation of success at modifying the second spray plate of Wesley as changes to spray plate design, including dimensions, are well within the level of skill of the art. Finding the optimal maximum dimension would therefore be simply a matter of routine experimentation.
Claims 15 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Wesley (WO 2016/156884).
With regard to claims 15 and 22, the device of Wu discloses the invention as disclosed in the rejection of claims 1 and 21 above. Wu does not disclose that the plurality of droplets has an average droplet diameter of 10 µm to 500 µm.
Wesley teaches a sanitary faucet comprising the plurality of droplets has an average droplet diameter of 10 µm to 500 µm (Page 6 line 5).
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 second spray plate of Wu, by employing the atomization mechanism as taught by Wesley, for the benefit of ensuing that there is relatively minimal splashing compared to a tap without the nozzle, when the first flow path is in operation.
Claims 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Zhen et al. (US 7,331,536 B1).
With regard to claims 23 and 24, the device of Wu discloses the invention as disclosed in the rejection of claims 1 and 6 above, except the second spray plate longitudinally extends from the jet regulator beyond the plurality of flow channels of the first spray plate.
Zhen teaches a sanitary faucet comprising a first spray plate and a second spray plate, the second spray plate (142) longitudinally extends from the jet regulator beyond the plurality of flow channels of the first spray plate (141a).
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 faucet of Wu, by employing the arrangement of the second spray plate (142) longitudinally extends from the jet regulator beyond the plurality of flow channels of the first spray plate (141a) as taught by Zhen, since the rearrangement would not have modified the operation of the faucet and was held to be an obvious matter of design choice (see MPEP 2144.04 VI).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 JOEL ZHOU whose telephone number is (571)270-1163. The examiner can normally be reached Mon-Fri 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR HALL can be reached at 5712701814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/Primary Examiner, Art Unit 3752
Prosecution Insights