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 amendment filed October 22nd, 2025 has been entered. Claims 1-4, 6-14, and 16-20 remain pending in the application. Claims 5 and 15 have been canceled by the applicant.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (EP 4079416 A1) in view of Leckner (US 20180085763 A1).
With respect to claim 1, Chen teaches an adjustable handle (entire structure, Fig. 1) comprising:
a body (1, Figs. 1-14) having a connecting member (4, Fig. 2) extending therefrom (shown in Fig. 2), a first end (left end of nozzle body 1, shown in Fig. 1), a second end (right end of nozzle body 1, shown in Fig. 1), and an interior channel (internal channel within nozzle body 1, shown in Figs. 1-2, 6-7, 10-11) extending from the first end (shown in Fig. 1) to the second end (shown in Fig. 1);
a nozzle (11, Figs. 1-2) that is attached to the first end (left end of nozzle body 1, shown in Fig. 1) of the body (1, Figs. 1-14), the nozzle (11, Figs. 1-2) being configured to discharge a fluid that exits from the first end of the body (Paragraph 0012);
a grip (3, Figs. 1-14) having a central opening (hollow opening at the center of the handle 3, shown in Fig. 1) and a cavity (61, Fig. 2) for receiving the connecting member (4, shown in Fig. 2) of the body (1, Figs. 1-14) to connect the body (1, Figs. 1-14) with the grip (3, shown in Figs. 1-14); and
a grip position adjuster (5, Figs. 1-2) at least partially disposed in the cavity (61, shown in Fig. 2) of the grip (101, Figs. 1-3, 5), the grip position adjuster (11, Figs. 1-3, 5) including a button (51, 52, Figs. 2, 6-7, 11) extending into the central opening (hollow opening at the center of the handle 3, shown in Fig. 1) of the grip (3, Figs. 1-14),
wherein adjustment of the grip position adjuster (5, Figs. 1-2) by depressing of the button (51, 52, Figs. 2, 6-7, 11) of the grip position adjuster (5, Figs. 1-2) permits rotational movement of the grip (3, Figs. 1-14) from being locked a first position to being locked in a second position (handle 3 can be turned to various positions parallel and perpendicular to the nozzle body 1 when the positioning member 5 is pushed creating rotational movement, shown in Figs. 12-13, Paragraphs 0017-0019).
However, Chen does not disclose a nozzle that is removably attached to the first end of the body, the nozzle being configured to discharge a fluid that exits from the first end of the body. Leckner teaches an adjustable handle (1, Fig. 1) comprising a nozzle (2, Fig. 1) that is removably attached to the first end (end of shell 3 connecting to nozzle head 2, nozzle head 2 is removable from housing shell 3, shown in Fig. 1, Paragraph 0184) of the body (3, Fig. 1).
Chen and Leckner are considered to be analogous art to the claimed invention because they are in the same field of adjustable handles. 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 nozzle taught in Leckner’s adjustable handle to Chen’s adjustable handle, to have a nozzle that is removably attached to the first end of the body, the nozzle being configured to discharge a fluid that exits from the first end of the body. Doing so provides interchangeability and easier replacement of parts (Leckner, Paragraph 0020).
Regarding claim 2, Chen, as modified by Leckner, discloses the adjustable handle according to claim 1. Chen further discloses the grip position adjuster (5, Figs. 1-2) further includes one or more side protrusions (wavy side surfaces adjacent to the positioning member 5, shown in Figs. 1-2) capable of assisting the grip in locking in the first position or the second position (Paragraphs 0004, 0019-0020).
Regarding claim 3, Chen, as modified by Leckner, discloses the adjustable handle according to claim 1. Chen further discloses the first position of the grip (3, shown in Fig. 12) is parallel to the channel (internal channel within nozzle body 1, shown in Figs. 1-2, 6-7, 10-11) of the body (1, shown in Fig. 12), and wherein the second position of the grip (3, shown in Fig. 14) is perpendicular to the channel (internal channel within nozzle body 1, shown in Figs. 1-2, 6-7, 10-11) of the body (1, shown in Fig. 14).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (EP 4079416 A1) in view of Leckner (US 20180085763 A1) as applied to claim 1 above, and further in view of Pacht (US Patent 3,765,607).
With respect to claim 4, Chen, as modified by Leckner, discloses the adjustable handle according to claim 1. However, Chen and Leckner do not teach the second end of the body is configured for reversible connection to a hose capable of providing a fluid such the fluid traverses the body from the first end to the second end via the channel. Pacht teaches an adjustable handle (entire structure, Fig. 2) comprising the second end (17, Fig. 2) of the body (10, Fig. 2) is configured for reversible connection to a hose capable of providing a fluid such the fluid traverses the body from the first end to the second end via the channel (outlet 17 could be reversely and symmetrically connected to a hose to dump water away from the operator to reverse the inlet and outlet connections, shown in Fig. 3, Col. 4, Ln. 59-62).
Chen, Leckner, and Pacht are considered to be analogous art to the claimed invention because they are in the same field of adjustable handles. 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 teaching of the body taught in Pacht’s adjustable handle to Chen’s adjustable handle, as modified by Leckner, to have the second end of the body is configured for reversible connection to a hose capable of providing a fluid such the fluid traverses the body from the first end to the second end via the channel. Doing so provides interchangeability (Pacht, Col. 4, Ln. 62-64).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (EP 4079416 A1) in view of Leckner (US 20180085763 A1) as applied to claim 1 above, and further in view of Chen (US Patent 7,000,855, herein referenced to as “Chen ‘855”).
In regards to claim 6, Chen, as modified by Leckner and Pacht, discloses the adjustable handle according to claim 1. However, Chen and Leckner do not teach the nozzle includes one or more spray modes permitting a user of the adjustable handle to select a manner in which to discharge the fluid from the nozzle. Chen ‘855 teaches an adjustable handle (entire structure, Figs. 1-2) comprising the nozzle (13, Figs. 1-2) includes one or more spray modes permitting a user of the adjustable handle to select a manner in which to discharge the fluid from the nozzle (user can adjust the pattern of watering by rotating the pattern member 14, Col. 1, Ln. 23-28).
Chen, Leckner, and Chen ‘855 are considered to be analogous art to the claimed invention because they are in the same field of adjustable handles. 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 teaching of the nozzle taught in Chen ‘855’s adjustable handle to Chen’s adjustable handle, as modified by Leckner, to have the nozzle includes one or more spray modes permitting a user of the adjustable handle to select a manner in which to discharge the fluid from the nozzle. Doing so provides an adjustable mechanism for the user to adjust the way of watering (Chen ‘855, Col. 1, Ln. 31-33).
Regarding claim 7, Chen, as modified by Leckner and Chen ‘855, discloses the adjustable handle according to claim 6. Chen ‘855 further teaches the nozzle (13, Figs. 1-2) includes a rotational mechanism (14, pattern member is rotatably mounted to nozzle member 13, Figs. 1-2, Col. 1, Ln. 15-27) that allows the user of the adjustable handle to select the spray mode by operating the rotational mechanism (user can adjust the pattern of watering by rotating the pattern member 14, Col. 1, Ln. 23-28).
With respect to claim 8, Chen, as modified by Leckner and Chen ‘855, discloses the adjustable handle according to claim 6. Chen ‘855 further teaches the nozzle (13, Figs. 1-2) includes one or more discharge openings (131, Figs. 1-2) that discharge the fluid according to the spray mode selected by the user (Col. 1, Ln. 12-33).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (EP 4079416 A1) in view of Leckner (US 20180085763 A1) as applied to claim 1 above, and further in view of Chen (US 20190240684 A1, herein referenced to as Chen ‘684).
Regarding claim 9, Chen, as modified by Leckner, discloses the adjustable handle according to claim 1. However, Chen and Leckner do not teach the body includes a valve that controls the flow of a fluid from the second end of the body to the first end of the body. Chen ‘684 teaches an adjustable handle (entire structure, Fig. 1) comprising the body (10, Fig. 1) includes a valve (11, Fig. 1) that controls the flow of a fluid from the second end of the body to the first end of the body (valve 11 controls on/off operation of the water within the water spray gun, Paragraph 0016).
Chen, Leckner, and Chen ‘684 are considered to be analogous art to the claimed invention because they are in the same field of adjustable handles. 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 teaching of the valve taught in Chen ‘684’s adjustable handle to Chen’s adjustable handle, as modified by Leckner, to have the body includes a valve that controls the flow of a fluid from the second end of the body to the first end of the body. Doing so provides improved control of water flow in the system (Chen ‘684, Paragraph 0016).
In regards to claim 10, Chen, as modified by Leckner and Chen ‘684, discloses the adjustable handle according to claim 9. Chen ‘684 further teaches the valve (11, Fig. 1) includes a selection member that is operable by a user of the adjustable handle to block the fluid from flowing from the second end of the body to the first end of the body (user controls on/off operation of the water within the water spray gun by pulling the water control valve 11, Paragraph 0016).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (EP 4079416 A1) in view of Rogers (US 20050252994 A1) and Leckner (US 20180085763 A1).
With respect to claim 11, Chen discloses a system (entire structure, Fig. 1) for transporting a fluid (Paragraph 0002), the system (entire structure, Fig. 1) comprising:
a hose (11, Fig. 1); and
an adjustable handle (1, 3, Figs. 1-14) that is connected to the hose (11, shown in Fig. 1), the adjustable handle (1, 3, Figs. 1-14) comprising:
a body (1, Figs. 1-14) having a connecting member (4, Fig. 2) extending therefrom (shown in Fig. 2), a first end (left end of nozzle body 1, shown in Fig. 1), a second end (right end of nozzle body 1, shown in Fig. 1), and an interior channel (internal channel within nozzle body 1, shown in Figs. 1-2, 6-7, 10-11) extending from the first end (shown in Fig. 1) to the second end (shown in Fig. 1);
a nozzle (11, Figs. 1-2) that is attached to the first end (left end of nozzle body 1, shown in Fig. 1) of the body (1, Figs. 1-14), the nozzle (11, Figs. 1-2) being configured to discharge a fluid that exits from the first end of the body (Paragraph 0012);
a grip (3, Figs. 1-14) having a central opening (hollow opening at the center of the handle 3, shown in Fig. 1) and a cavity (61, Fig. 2) for receiving the connecting member (4, shown in Fig. 2) of the body (1, Figs. 1-14) to connect the body (1, Figs. 1-14) with the grip (3, shown in Figs. 1-14); and
a grip position adjuster (5, Figs. 1-2) at least partially disposed in the cavity (61, shown in Fig. 2) of the grip (101, Figs. 1-3, 5), the grip position adjuster (11, Figs. 1-3, 5) including a button (51, 52, Figs. 2, 6-7, 11) extending into the central opening (hollow opening at the center of the handle 3, shown in Fig. 1) of the grip (3, Figs. 1-14),
wherein adjustment of the grip position adjuster (5, Figs. 1-2) by depressing of the button (51, 52, Figs. 2, 6-7, 11) of the grip position adjuster (5, Figs. 1-2) permits rotational movement of the grip (3, Figs. 1-14) from being locked a first position to being locked in a second position (handle 3 can be turned to various positions parallel and perpendicular to the nozzle body 1 when the positioning member 5 is pushed creating rotational movement, shown in Figs. 12-13, Paragraphs 0017-0019).
However, Chen does not teach an adjustable handle that is reversibly connected to the hose as claimed. Rogers teaches a system (entire system, Fig. 1) comprising an adjustable handle (111, Fig. 1) that is reversibly connected to the hose (not explicitly shown, but an end of the handle 111 is reversibly attached to a hose, Paragraph 0024).
Chen and Rogers are considered to be analogous art to the claimed invention because they are in the same field of systems for transporting fluids. 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 teaching of the adjustable handle taught in Rogers’ system to Chen’s system, to have an adjustable handle that is reversibly connected to the hose. Doing so provides interchangeability (Rogers, Paragraphs 0023-0024).
However, Chen and Rogers do not teach a nozzle that is removably attached to the first end of the body, the nozzle being configured to discharge a fluid that exits from the first end of the body. Leckner teaches an adjustable handle (1, Fig. 1) comprising a nozzle (2, Fig. 1) that is removably attached to the first end (end of shell 3 connecting to nozzle head 2, nozzle head 2 is removable from housing shell 3, shown in Fig. 1, Paragraph 0184) of the body (3, Fig. 1).
Chen, Rogers, and Leckner are considered to be analogous art to the claimed invention because they are in the same field of systems for transporting fluids. 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 nozzle taught in Leckner’s adjustable handle to Chen’s adjustable handle, as modified by Rogers, to have a nozzle that is removably attached to the first end of the body, the nozzle being configured to discharge a fluid that exits from the first end of the body. Doing so provides interchangeability and easier replacement of parts (Leckner, Paragraph 0020).
Regarding claim 12, Chen, as modified by Rogers and Leckner, discloses the system according to claim 11. Chen further discloses the grip position adjuster (5, Figs. 1-2) further includes one or more side protrusions (wavy side surfaces adjacent to the positioning member 5, shown in Figs. 1-2) capable of assisting the grip in locking in the first position or the second position (Paragraphs 0004, 0019-0020).
With respect to claim 13, Chen, as modified by Rogers and Leckner, discloses the system according to claim 11. Chen further discloses the first position of the grip (3, shown in Fig. 12) is parallel to the channel (internal channel within nozzle body 1, shown in Figs. 1-2, 6-7, 10-11) of the body (1, shown in Fig. 12), and wherein the second position of the grip (3, shown in Fig. 14) is perpendicular to the channel (internal channel within nozzle body 1, shown in Figs. 1-2, 6-7, 10-11) of the body (1, shown in Fig. 14).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (EP 4079416 A1) in view of Rogers (US 20050252994 A1) and Leckner (US 20180085763 A1) as applied to claim 11 above, and further in view of Pacht (US Patent 3,765,607).
Regarding claim 14, Chen, as modified by Rogers and Leckner, discloses the system according to claim 11. However, Chen, Rogers, and Leckner do not teach the second end of the body is configured for reversible connection to the hose such the fluid traverses the body from the first end to the second end via the channel. Pacht teaches a system (entire structure, Fig. 2) comprising the second end (17, Fig. 2) of the body (10, Fig. 2) is configured for reversible connection to a hose capable of providing a fluid such the fluid traverses the body from the first end to the second end via the channel (outlet 17 could be reversely and symmetrically connected to a hose to dump water away from the operator to reverse the inlet and outlet connections, shown in Fig. 3, Col. 4, Ln. 59-62).
Chen, Rogers, Leckner, and Pacht are considered to be analogous art to the claimed invention because they are in the same field of systems for transporting fluids. 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 teaching of the body taught in Pacht’s system to Chen’s system, as modified by Rogers and Leckner, to have the second end of the body is configured for reversible connection to a hose capable of providing a fluid such the fluid traverses the body from the first end to the second end via the channel. Doing so provides interchangeability (Pacht, Col. 4, Ln. 62-64).
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (EP 4079416 A1) in view of Rogers (US 20050252994 A1) and Leckner (US 20180085763 A1) as applied to claim 11 above, and further in view of Chen (US Patent 7,000,855, herein referenced to as “Chen ‘855”).
Regarding claim 16, Chen, as modified by Rogers and Leckner, discloses the system according to claim 11. However, Chen, Rogers, and Leckner do not teach the nozzle includes one or more spray modes permitting a user of the adjustable handle to select a manner in which to discharge the fluid from the nozzle. Chen ‘855 teaches a system (entire structure, Figs. 1-2) comprising the nozzle (13, Figs. 1-2) includes one or more spray modes permitting a user of the adjustable handle to select a manner in which to discharge the fluid from the nozzle (user can adjust the pattern of watering by rotating the pattern member 14, Col. 1, Ln. 23-28).
Chen, Rogers, Leckner, and Chen ‘855 are considered to be analogous art to the claimed invention because they are in the same field of systems for transporting fluids. 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 teaching of the nozzle taught in Chen ‘855’s system to Chen’s system, as modified by Rogers and Leckner, to have the nozzle includes one or more spray modes permitting a user of the adjustable handle to select a manner in which to discharge the fluid from the nozzle. Doing so provides an adjustable mechanism for the user to adjust the way of watering (Chen ‘855, Col. 1, Ln. 31-33).
In regards to claim 17, Chen, as modified by Rogers, Leckner, and Chen ‘855, discloses the system according to claim 16. Chen ‘855 further teaches the nozzle (13, Figs. 1-2) includes a rotational mechanism (14, pattern member is rotatably mounted to nozzle member 13, Figs. 1-2, Col. 1, Ln. 15-27) that allows the user of the adjustable handle to select the spray mode by operating the rotational mechanism (user can adjust the pattern of watering by rotating the pattern member 14, Col. 1, Ln. 23-28).
With respect to claim 18, Chen, as modified by Rogers, Leckner, and Chen ‘855, discloses the system according to claim 16. Chen ‘855 further teaches the nozzle (13, Figs. 1-2) includes one or more discharge openings (131, Figs. 1-2) that discharge the fluid according to the spray mode selected by the user (Col. 1, Ln. 12-33).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (EP 4079416 A1) in view of Rogers (US 20050252994 A1) and Leckner (US 20180085763 A1) as applied to claim 11 above, and further in view of Chen (US 20190240684 A1, herein referenced to as Chen ‘684).
In regards to claim 19, Chen, as modified by Rogers and Leckner, discloses the system according to claim 11. However, Chen, Rogers, and Leckner do not teach the body includes a valve that controls the flow of a fluid from the second end of the body to the first end of the body. Chen ‘684 teaches a system (entire structure, Fig. 1) comprising the body (10, Fig. 1) includes a valve (11, Fig. 1) that controls the flow of a fluid from the second end of the body to the first end of the body (valve 11 controls on/off operation of the water within the water spray gun, Paragraph 0016).
Chen, Rogers, Leckner, and Chen ‘684 are considered to be analogous art to the claimed invention because they are in the same field of systems for transporting fluids. 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 teaching of the valve taught in Chen ‘684’s system to Chen’s system, as modified by Rogers and Leckner, to have the body includes a valve that controls the flow of a fluid from the second end of the body to the first end of the body. Doing so provides improved control of water flow in the system (Chen ‘684, Paragraph 0016).
Regarding claim 20, Chen, as modified by Rogers, Leckner, and Chen ‘684, discloses the system according to claim 19. Chen ‘684 further teaches the valve (11, Fig. 1) includes a selection member that is operable by a user of the adjustable handle to block the fluid from flowing from the second end of the body to the first end of the body (user controls on/off operation of the water within the water spray gun by pulling the water control valve 11, Paragraph 0016).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 6-14, and 16-20 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
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 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
/ARTHUR O. HALL/Supervisory Patent Examiner, Art Unit 3752
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