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 .
Election/Restrictions
Applicant’s election of Species I, Fig. 9 in the reply filed on August 5, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the subject matter “flow guide surface 213” in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “water distribution mechanism” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
In light of the specification, the corresponding structure of the “water distribution mechanism” has been interpreted as water distribution disk 41 in paragraph 0012.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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, 2, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin et al. (US 2018/0318853 A1).
With regard to claim 1, Lin discloses a shower head with rotary jet water, comprising a shower head body (1), wherein the shower head body (1) is provided with a water distribution mechanism (3) and a plurality of first water outlet holes (cavity for 14), and the water distribution mechanism (3) is used to control a water delivery state of the first water outlet hole; a water partition disk (13) and a plurality of rotary mechanisms (41) are fixedly disposed in the shower head body (1), a plurality of pressurizing mechanisms (133) are disposed on the water partition disk (13), the pressurizing mechanism (133) comprises a plurality of water guide holes (133) annularly arranged, a flow guide surface (oblique structure of 133) inclined toward the first water outlet hole (P. 0037 and Fig. 2) is disposed inside the water guide hole (133), and the inclination direction of the flow guide surfaces of each pressurizing mechanism (133) is co-directionally disposed in a circumferential direction (shown in Fig. 6); the rotary mechanism (41) comprises a rotor (411) and a drive gear (412) in transmission connection with the rotor (411), the rotor is disposed below the pressuring mechanism (133), a rotary shaft (shaft of 412) corresponding to the first water outlet hole (14) is disposed on the drive gear (412), and the rotary shaft (shaft of 412) is rotatably mounted in the first water outlet hole (cavity for 14) and axially provided with an outlet water passage with two ends in communication (Fig. 2).
With regard to claim 2, the device of Lin discloses the invention as disclosed in the rejection of claim 1 above. Lin further discloses a pinion (Fig. 2) is coaxially disposed on the rotor (411) and the pinion is in engagement transmission with the drive gear (412).
With regard to claim 4, the device of Lin discloses the invention as disclosed in the rejection of claim 1 above. Lin further discloses the outlet water passage (see annotated figure below) comprises a flow guide portion (see annotated figure below), a water outlet (see annotated figure below) and a flow expanding portion (see annotated figure below) sequentially connected, the water outlet (see annotated figure below) has a cross sectional area smaller than a cross sectional area of the flow guide portion (see annotated figure below), and the flow expanding portion is horn-shaped (see annotated figure below).
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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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. in view of Leber (US 2008/0272591 A1).
With regard to claim 3, the device of Lin discloses the invention as disclosed in the rejection of claim 1 above. Lin does not disclose that the rotary mechanism further comprises a water partition piece embedded in an end of the outlet water passage away from the first water outlet hole, and a plurality of small holes are uniformly disposed on the water partition piece.
Leber teaches a shower head comprising a water partition piece (1102) embedded in an end of an outlet water passage (Fig. 7) away from the first water outlet hole, and a plurality of small holes (structure of screen) are uniformly disposed on the water partition piece (1102).
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 rotary mechanism of Lin, by employing a water partition piece (1102) as taught by Leber in an end of the outlet water passage away from the first water outlet hole of Lin, doing it would prevent debris entering to the water outlet hole.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. in view of Grohe et al. (US 2011/0108640 A1).
With regard to claim 8, the device of Lin discloses the invention as disclosed in the rejection of claim 1 above. Lin does not disclose that the first water outlet holes are disposed to have several groups of different hole sizes.
Grohe teaches a shower head comprising water outlet holes are disposed to have several groups of different hole sizes (P. 0031).
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 first water outlet holes of Lin, by forming several groups of different hole sizes as taught by Grohe, doing it would generate differently acting massage jets (P. 0031).
Allowable Subject Matter
Claims 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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.
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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.
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JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/Primary Examiner, Art Unit 3752