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 .
Information Disclosure Statement
The information disclosure statement(s) filed on the record are in compliance with the content requirements of 37 CFR 1.97 and 37 CFR 1.98 and have been considered.
Response to Amendment
The preliminary amendment to the claims filed on 03/27/2024 has been entered. Claims 1, 9 and 16 were amended; claims 17-20 were canceled; and claim 21 was newly added.
Accordingly, claims 1-16 and 21 are currently pending.
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 para:
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.
Claim 1 and all claims depending therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second para, 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 is indefinite for not clearly expressing whether the steps in the claim are intended to construe a specific order, since the steps of the method do not actually recite an order. For this reason, a skilled artisan would not know what constitutes prior art or infringement of the claim.
For example, claim 1 requires a step of “pressurizing the water using a water pressurizing device…with the water pressurizing device comprising one or more of a powered fluid pump and a source adapter…”. It is not clear whether this step occurs before or after passing the water through an infuser.
Claim 1 is also unclear because the method steps appear to recite redundant stages of the method. For instance, claim 1 recites a step of “passing the water through a supply line…” and “passing the water from the supply line and through the applicator tip”; it is unclear how the same water passes both from a supply line and through a supply line in two different steps.
Claim 1 also lacks antecedent basis for the step of “the passing of the water from the supply spout through the applicator tip”.
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 paras 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, 5, 10-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Longyuan (CN202515816U, hereinafter “Longyuan”; see English translation, submitted by Applicant on 01/25/2023).
Regarding claim 1, Longyuan discloses a method of using a water fluid distribution system, the method comprising:
receiving water from a supply spout 1 (see Fig.1) through an inlet (such as a source adapter 2), with the supply spout being one of a water faucet spout or a shower head (water faucet spout shown in Fig. 1);
passing the water through a supply line 3 (see Fig. 1) connected to a personal hygienic flushing applicator tip 7 (see Fig. 1);
passing the water from the supply line and through the applicator tip, with the water that is passed through the applicator tip exiting the water fluid distribution system at the same time as the receiving of the water from the supply spout through the inlet (see “Summary of the invention”, disclosing to continuous water flow to a water pump and continuous delivery to a sprayer, i.e., applicator 7);
passing the water through an infuser 4 (see Fig. 3), the infuser being structured to introduce matter to the water before the water passes through the applicator tip (infuser is used for discharging various auxiliary agents, for example toothpaste and medicament); and
pressurizing the water using a water pressurizing device 5 or 2 (see Fig. 1 showing a pump 5 and a pressure flow donor 2), with the passing of the water from the supply spout through the applicator tip comprising passing the pressurized water through the applicator tip (i.e., the water is pressurized before it passes through the applicator tip, regardless of whether the water pressurizing device is 5 or 2), with the water pressurizing device comprising one or more of a powered fluid pump 5 (see Fig. 1) and a source adapter 2 that is fluidly sealed (see Fig. 1 and “Detailed Description of the Embodiments” section disclosing that water flowing out of the device 2 enters the pump 5 in a sealed manner).
Regarding claim 3, Longyuan discloses the method of claim 1, wherein the applicator tip is a personal hygienic flushing applicator tip (i.e., a sprayer, which would have been known to perform a hygienic function by virtue of the infuser being able to infuse medicaments or toothpaste) and wherein the method comprises utilizing the applicator tip in a personal hygienic flushing operation (i.e., using the device according to the method causes the water and the infused material to exit from the applicator tip to perform the hygienic function).
Regarding claim 5, Longyuan discloses the method of claim 1, wherein the water pressurizing device comprises the source adapter 2 (see Fig. 1) and wherein the pressurizing of the water comprises conveying pressurized water to the supply line from the supply spout while maintaining water pressure that is present in the supply spout (see “Summary of the invention”, disclosing water flowing out from the faucet at a certain pressure; when such water flows, it is both maintained at the supply spout itself and conveyed to the supply line from the spout).
Regarding claim 10, Longyuan discloses the method of claim 5, wherein the inlet comprises the source adapter 2 (see Fig. 1).
Regarding claim 11, Longyuan discloses the method of claim 1, wherein the water pressurizing device comprises the fluid pump 5 (see Fig. 1), and wherein the pressurizing of the water comprises engaging the water via the fluid pump (i.e., the water flows through the pump).
Regarding claim 12, Longyuan discloses that that the fluid pump receives and pressurizes water from a non-pressurized fluid reservoir 4 (see Fig. 1; the reservoir may contain medicament or toothpaste but is not disclosed to be pressurized), with the non-pressurized fluid reservoir continuously receiving water from the supply spout (see “Summary of the invention”, disclosing to continuous water flow to a water pump and continuous delivery to a sprayer, i.e., applicator 7).
Regarding claim 13, Longyuan discloses the method of claim 1, wherein the receiving of the water from the supply spout, the passing of the water through the supply line, and the passing of the water through the applicator tip comprise continuously passing the water from the supply spout through the supply line and the applicator tip while the applicator tip is being used to apply the water to a human body part (see “Summary of the invention”, disclosing to continuous water flow to a water pump and continuous delivery to a sprayer, i.e., applicator 7).
Regarding claim 15, Longyuan discloses the method of claim 1, and further shows that the inlet has been connected to the supply spout via the source adapter (see Fig. 1); and since Longyuan does not disclose that any tools are necessary to perform this step, it is understood that the connection occurs without the use of tools (see MPEP 2173.05(i)).
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 2, 6-8, 16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Longyuan in view of Oliveira (BRPI1102182A2, hereinafter “Oliveira; see English translation, submitted by Applicant on 01/25/2023).
Regarding claim 2, Longyuan discloses the method of claim 1, but does not appear to disclose that the source adapter has a conformable adapter sealing surface that is conformable to multiple different shapes of supply spout sealing surfaces. Similarly, regarding claim 21, Longyuan discloses the method of claim 1, wherein the source adapter is fluidly sealed to the supply spout (see Fig. 1 and “Detailed Description of the Embodiments” section disclosing that water flowing out of the device 2 enters the pump 5 in a sealed manner), but does not appear to disclose that the source adapter is conformable to match multiple different shapes of corresponding supply spouts.
Oliveira teaches a source adapter has a conformable adapter sealing surface (e.g., 2; see Fig. 1) that is conformable to multiple different shapes of corresponding supply spout sealing surfaces (see pg. 2, para 11, and pg. 3, para 20).
It would have been obvious to one of ordinary skill in the art at the time of filing to have included the source adapter conformable to multiple different shapes of supply spout sealing surfaces in order to allow the user to use the device of Longyuan on a variety of supply spouts without having to purchase or use multiple adapters.
Regarding claim 6, Longyuan discloses the method of claim 5, but does not appear to disclose that the source adapter comprises a clamp, with the clamp pressing an adapter sealing surface against a corresponding source sealing surface of the supply spout; and as per claim 7, the clamp is an air clamp, wherein the method comprises receiving pressurized air in the air clamp to inflate a bladder of the air clamp, with the bladder pressing the adapter sealing surface against the source sealing surface when the bladder is inflated; and as per claim 8, the source sealing surface is around one or more of a neck of the water faucet spout or a neck of the shower head (see Fig. 1, showing the source sealing surface being around the neck of the water faucet spout).
Oliveira teaches a source adapter has a conformable adapter sealing surface that is conformable to multiple different shapes of corresponding supply spout sealing surfaces (see pg. 2, para 11, and pg. 3, para 20), and the source adapter comprises a clamp 2 (see Fig. 1) pressing an adapter sealing surface against a corresponding source sealing surface (see pg. 3, para 20). In some cases the clamp may be an air clamp which receives pressurized air 15 (see Fig. 4) in the air clamp to inflate a bladder of the air clamp, with the bladder pressing the adapter sealing surface against the source sealing surface when the bladder is inflated (see Fig. 4).
It would have been obvious to one of ordinary skill in the art at the time of filing to have included the source adapter comprising a clamp, with the clamp pressing an adapter sealing surface against a corresponding source sealing surface of the supply spout; and as per claim 7, the clamp is an air clamp, wherein the method comprises receiving pressurized air in the air clamp to inflate a bladder of the air clamp, with the bladder pressing the adapter sealing surface against the source sealing surface when the bladder is inflated—doing so would have permitted a user to use the device of Longyuan on a variety of supply spouts without having to purchase or use multiple adapters. In this combination, the source sealing surface would be located around one or more of a neck of the water faucet spout or a neck of the shower head (see Fig. 1, showing the adapter 2 being fitted around the neck of the water faucet spout; a skilled artisan would have found it obvious to place the source sealing surface in this location with a reasonable expectation of success).
Regarding claim 16, Longyuan discloses the method of claim 1, wherein the supply spout is a first supply spout 1 (see Fig. 1), the water is water from the first supply spout (see pg. 2, para 10), and wherein the method further comprises:
fluidly sealing the inlet to the first supply spout via the source adapter, with an adapter sealing surface of the source adapter sealing to a spout sealing surface of the first supply spout (see pg. 3, para 10);
discontinuing receiving the water from the first supply spout or connecting to a second supply spout (see pg., para 12, where the on-fixed mode where the device can be taken off, such that the water has to be off in order to depressurize to facilitate the removal);
passing the water from the second supply spout through the supply line (pg. 3, para 10);
passing the water from the second supply spout from the supply line and through the applicator tip (pg. 3, para 10), with the water from the second supply spout that is passed through the applicator tip exiting the water fluid distribution system at the same time as the receiving of the water from the second supply spout through the inlet (see pg. 3, para 10, 14; and see “Summary of the invention”, disclosing to continuous water flow to a water pump and continuous delivery to a sprayer, i.e., applicator 7); and pressurizing the water from the second supply spout (see pg. 3, paras 10 and 14), with the passing of the water from the second supply spout through the applicator tip comprising passing the pressurized water through the applicator tip (see pg. 3, para 10).
Longyuan does not appear to disclose connecting the adapter to multiple different supply spouts with an adapter sealing surface of the adapter sealing to a spout sealing surface of the second supply spout where fluidly sealing the inlet to a supply spout via the source adapter, with the spout sealing surface of the second supply spout being a different shape from the spout sealing surface of the first supply spout, and with the second supply spout being one of a water faucet spout or a shower; and receiving water from the second supply spout through the inlet.
Oliveira teaches connecting the adapter to multiple different supply spouts (abstract, Page 3, para 1, and 9) with an adapter sealing surface of the adapter sealing to a spout sealing surface of the second supply spout where fluidly sealing the inlet to a supply spout via the source adapter (see pg. 3, para 20), with the spout sealing surface of the second supply spout being a different shape from the spout sealing surface of the first supply spout (see pg. 3, paras 2, 9, 10), and with the second supply spout being one of a water faucet spout or a shower head (see Fig. 3 and pg. 4, para 1); and receiving water from the second supply spout through the inlet (see pg. 4, para 1).
It would have been obvious to one of ordinary skill in the art at the time of filing to have included shutting off the water to the first supply spout in order to allow the user to disconnect the device from the faucet and to have included the second supply spout in order to allow the user to utilize a different type of tip applicator or allow a secondary user to have a new supply and applicator for use.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Longyuan in view of Taylor et al (U.S. Pub. 2011/0302709, hereinafter “Taylor”).
Regarding claim 4, Longyuan discloses the method of claim 1, but does not appear to disclose that applicator tip is an enema applicator tip and wherein the method comprises utilizing the applicator tip in an enema operation.
Taylor teaches an enema applicator tip attached to a water faucet, such that the applicator tip is an enema applicator tip and the method comprises utilizing the applicator tip in an enema operation (see paras [0015], [0016], [0043], [0045]).
It would have been obvious to one of ordinary skill in the art at the time of filing to have included the enema applicator tip of Taylor in order to allow the user to be able to irrigate an anal cavity during use with a temperature controlled device.
Regarding claim 14, it is noted that Longyuan discloses the method of claim 1, and the applicator tip is a first applicator tip of a first type for applying water to a first type of body part, but does not appear to disclose that the method comprises exchanging the first applicator tip for a second applicator tip of a second type that is different from the first type for applying water to a second type of body part that is different from the first type of body part; and passing pressurized water through the second applicator tip to the second type of body part via the supply spout, the supply line, and the second applicator tip while performing the pressurizing of the water.
Taylor teaches a method of using an applicator tip, comprising the steps of exchanging a first applicator tip for a second applicator tip of a second type that is different from the first type for applying water to a second type of body part that is different from the first type of body part (See Abstract and paras [0015], [0016], [0043]), and passing pressurized water through the second applicator tip to the second type of body part via the supply spout, the supply line, and the second applicator tip while performing the pressurizing of the water (See Abstract and paras [0015], [0016], [0043] and [0045]).
It would have been obvious to one of ordinary skill in the art at the time of filing to have included the multiple applicator tips of Taylor in order to allow the user to be able to utilize a variety of spray attachments and to prevent cross contamination between uses of the tips in different locations in the body.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Longyuan in view of Gorrien (U.S. Pat. 2,326,213 A, hereinafter “Gorrien”).
Regarding claim 9, Longyuan discloses the method of claim 5, but does not appear to disclose that the source adapter comprises a stopple, wherein a source sealing surface is on a nozzle of the water faucet spout, wherein an adapter sealing surface is a stopple surface of the stopple, and wherein the adapter sealing surface is pressed against the source sealing surface to seal the source adapter to the supply spout.
Gorrien discloses a device for connecting an adapter of a hose to a faucet, comprising a source adapter and a stopple, such that a source sealing surface is on a nozzle of the faucet spout, wherein an adapter sealing surface is a stopple surface of the stopple, and wherein the adapter sealing surface is pressed against the source sealing surface to seal the source adapter to the supply spout (see faucet stopple 43 which has an external surface (i.e., adapter sealing surface), that seals against a faucet sealing member 53 (i.e., source sealing surface) to seal the adapter to the source).
It would have been obvious to one of ordinary skill in the art at the time of filing to have provided a have provided a stopple, wherein a source sealing surface is on a nozzle of the water faucet spout, wherein an adapter sealing surface is a stopple surface of the stopple, and wherein the adapter sealing surface is pressed against the source sealing surface to seal the source adapter to the supply spout, in order to prevent leakage therefrom and maintain an appropriate water pressure during the continuous flow method.
Conclusion
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/SCOTT J MEDWAY/ Primary Examiner, Art Unit 3783
01/07/2025