DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The response filed on February 26, 2026 is acknowledged.
Election/Restrictions
Applicant elected with traverse Group I in the reply filed on August 18, 2025.
The requirement was still deemed proper and was therefore made FINAL in the Office action mailed on September 26, 2025.
Applicant elected with traverse Species A (figure 2) in the reply filed on August 18, 2025.
The requirement was still deemed proper and was therefore made FINAL in the Office action mailed on September 26, 2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 and 10-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation “an electrical light source” in line 8. The disclosure, as originally filed, fails to disclose the lighting assembly 8 comprising an electrical light source.
Claims 1-5 and 10-20 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 1 recites the limitation “the creating at least one water jet pattern” in lines 12-13. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “emerging water” in line 14. It appears to be a double inclusion of the “emergence of the water” recited in lines 9-10.
Claim 3 recites the limitation "the entirety" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation ”at least two different directions” in line 2. At least one of the “at least two different directions” appears to be a double inclusion of the “direction” recited in claim 1.
In claim 5, line 4, the recitation “is less than 50% of a total area” is grammatically incorrect when read in light of the entirety of the claim.
Claim 10 recites the limitation “an encircling storage channel” in line 2. It appears to be a double inclusion of the “structural assembly” recited in claim 1, because the encircling storage channel 22 appears to be an element of the structural assembly 4.
Claim 10 recites the limitation “water” in line 3. It appears to be a double inclusion of the “water” recited in claim 1.
Claim 11 recites the limitation “a portion of the edge” in line 3. It appears to be a double inclusion of the “portion of the edge” recited in claim 1.
In claim 12, the recitation “is/are” is grammatically incorrect.
Claim 12 recites the limitation "the mounted condition" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation “at least one light source” in line 2. It appears to be a double inclusion of the “electrical light source” recited in claim 1.
Claim 18 recites the limitation "the mounted condition" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the funnel-shaped segment" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the mounted condition" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the arrangement" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the smallest clear internal dimension" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is uncertain what constitutes “clear.”
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document. The above listing is only exemplary. Limited time for examination precludes a complete editorial review. Applicant is required to review and amend all of the claims in their entirety to ensure full compliance with 35 U.S.C. 112(b).
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.
Claim(s) 1-5 and 10-20 (as best understood) is/are rejected under 35 U.S.C. 103 as being unpatentable over Andersen (9,221,070).
Andersen discloses a shower device for creating at least one water jet pattern comprising:
a structural assembly 105, a nozzle assembly 140, 145, a lighting assembly 215, and a water supply connection 210;
wherein the water supply connection is coupled to the nozzle assembly, wherein the water supply connection is configured to (the recitation “configured to” merely requires some undefined characteristic that has the capability to perform the function) provide water from an external water supply 200 to the nozzle assembly;
wherein the structural assembly provides an exit opening 165 (opening of scupper 155) for an emergence of the water discharged by the nozzle assembly and has an outer edge region (top surface region of scupper 155) running about an edge (inner edge of scupper 155) of the exit opening;
wherein the exit opening is configured such that at any time during the creating at least one water jet pattern, the exit opening is occupied with emerging water (see figure 1);
wherein the nozzle assembly is arranged distributed along at least a portion of the edge of the exit opening at the edge region (see figures 2 and 3);
wherein a path of the water discharged by the nozzle assembly during the creating at least one water jet pattern runs from the edge region in a direction towards the exit opening and then through the exit opening (see figure 1); and
wherein the structural assembly is configured to (merely requires some undefined structural characteristic that possesses the capability to perform the function) mount the shower device in or on a ceiling (the structural assembly of Andersen has the capability to mount the shower device in or on a ceiling by attaching the upper basin 105 on a ceiling).
Andersen discloses the limitations of the claimed invention with the exception of the lighting assembly comprising an electrical light source. Andersen discloses that the lighting assembly 215 is a fire fixture such as a lit candle or gas lamp (col. 2, l. 57). Electrical light source such as modern day lighting is well known. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have replaced the candle or gas lamp of Andersen with an electrical light source, such as a light bulb or LED bulb, in the device of Andersen to increase safety and decrease potential for fire.
Andersen further discloses:
wherein light generated by the lighting assembly emerges at least in part from the exit opening (skyward);
wherein the nozzle assembly is arranged and distributed along the entirety of the edge of the exit opening (see figures 2 and 3);
wherein the path of the water discharged by the nozzle assembly runs from at least two different directions from the edge region to the exit opening (see figure 1);
wherein a portion of an area (any portion less than half of the opening of scupper 155) through with the water discharged by the nozzle assembly during the creating at least one water jet pattern passes through a passage area of the exit opening is less than 50%;
wherein the nozzle assembly is coordinated with an encircling storage channel (channel formed by bottom 110, inner wall 125 and outer wall 115), into which the nozzle assembly channels water;
wherein the nozzle assembly is actuatable by a valve assembly (not positively recited; the fountain of Andersen is actuatable by a valve assembly to initiate flow) so that the water jet pattern produces a plurality of single jets (shown in figure 1) across at least a portion of the edge of the exit opening, a path of which is a trajectory from the nozzle assembly across the edge region into the exit opening;
wherein the nozzle assembly comprises a plurality of nozzles, wherein at least a portion of the plurality of nozzles 145 of the nozzle assembly is/are tilted upward (as seen when the fountain is inverted in figure 1) in the mounted condition relative to the horizontal;
wherein the lighting assembly comprises at least one light source (inherent), which is arranged in the edge region (in the plan view the light assembly is within the edge region, i.e., at the center of the exit opening) of the exit opening, wherein the light source is arranged along at least a segment (360 degrees) of the edge of the exit opening;
wherein the lighting assembly has a reflector arrangement 200 and that the light of the lighting assembly is reflected by the reflector arrangement and then emerges through the exit opening, wherein the reflector arrangement comprises a hood-shaped reflector;
wherein the exit opening is round in configuration;
wherein the exit opening is a polygon (polygon is defined as: a figure having three or more sides; the exit opening has a left side, right side, far side and near side in figure 1);
wherein the exit opening is multi-sided (a left side, right side, far side and near side in figure 1);
wherein the edge region is funnel-shaped (at prescupper 170 or at figure 5C) at least for a portion and wherein in the mounted condition the funnel-shaped segment of the edge region tapers downward;
wherein the nozzle assembly and/or the lighting assembly are/is arranged so that in the mounted condition when looking at the exit opening (looking upward from above lighting assembly 215), the nozzle assembly and the lighting assembly are not visible due to the arrangement in the edge region of the exit opening;
wherein the smallest clear internal dimension of the exit opening is at least 150 mm (see continuous scupper circumference at exit in Table at col. 10).
Response to Arguments
Applicant's arguments filed February 26, 2026 have been fully considered but they are not persuasive.
Applicant argues the Andersen does not disclose a water supply connection configured to provide water from an external water supply. Andersen discloses a water supply connection 210 configured to provide water from an external water supply 200. External water supply 200 (lower basin 200) is external to upper basin 105.
Regarding Applicant’s argument to the lighting assembly comprising an electrical light source, Applicant’s argument is moot in light of the new grounds of rejections under 35 U.S.C. 112(a) and 35 U.S.C. 103.
Applicant argues that Applicant’s shower device is configured to be mounted in or on a room ceiling. The recitation “configured to” merely requires some undefined characteristic that possesses the capability to perform the function. The upper basin 105 of Andersen has the capability of being mounted to a ceiling by physically attaching the upper basin 105, via brackets and screws, to a ceiling.
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 CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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 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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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK