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 without traverse of Group I, Species 1 in the reply filed on 11/5/25 is acknowledged.
Claims 7-21 and 23-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and/or Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/5/25.
Claim Objections
Claims 1-6 are objected to because of the following informalities:
Regarding claim 1, the preamble indicates that a diverter valve is being claimed however the claim language (‘operatively couples with/to’)positively recites the inclusion of a rain showerhead and a handheld shower head which are coupled to the valve.
Claims 2-6 are objected to as well as their preambles also indicate only a diverter valve is being claimed.
Appropriate correction is required.
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 paragraph:
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.
Claims 2-6 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 2 recites the limitation "wherein the shower arm valve" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 depends from claim 1 which has a preamble reciting a diverter valve as well as claim language which positively recites a valve body and a rotary valve. As such it is unclear as to what applicant is referencing with the phrase “the shower arm valve”.
For the purpose of examination “the shower arm valve” is being interpreted as the overall invention of a ‘shower arm diverting valve’.
Claims 3-5 are rejected due to their dependency from claim 2.
Claim 6 is rejected due to its incorporation of the language of claim 2.
Claim 6 incorporates the limitations of claim 2, and as such the limitations of claim 1, before further defining the inclusion of a rain showerhead and a handheld shower head. As claim 1 already defines the inclusion of a rain showerhead and a handheld showerhead their repeated definition in claim 6 is an improper double inclusion. Where a claim directed to a device can be read to include the same element twice, the claim may be indefinite. See MPEP 2173.05(o).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over US 10,632,480 (Yu) in view of US 10,895,065 (Zhu) and US 9,067,225 (Zhou).
Regarding claim 1, Yu discloses a shower assembly (Fig. 7) comprising a three-port shower arm diverting valve (1) comprising:
a valve body (1);
an inlet port (11; annotated figure below) in the valve body for attaching to a shower water pipe (2) protruding from a piping wall to receive a flow of water therefrom;
a first outlet port (12; annotated figure below) in the valve body that operatively couples with an overhead showerhead to provide a flow of water to the overhead showerhead (Fig. 8);
a second outlet port (13; annotated figure below) in the valve body that operatively couples to a handheld showerhead to provide a flow of water to the handheld showerhead (10’’; Fig. 8) (C1 L60- C2 L5); and
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a valve disposed inside the valve body (C3 L15-16).
While Yu discloses that the valve is a three-port valve it doesn’t disclose how the valve operates. While Yu discloses that the first outlet port couples to an overhead showerhead it doesn’t specify that it is a ‘rain’ showerhead.
Zhu teaches a three-power shower arm diverting valve comprising a valve body (1) comprising a rotary valve (100) having an inlet port (11), a first outlet port (12) and a second outlet port (13). Zhu further teaches that the rotary valve is configured to direct water from the inlet port to the first outlet port in a first position, to direct water from the inlet port to the second outlet port in a second position and to direct water out of both the first outlet and the second outlet in a third position (C6 L43-C7 L37).
It would have been obvious to one of ordinary skill in the art to configure the valve as a rotary valve having at least three positions for directing water out of the first outlet port, the second outlet port or both outlet ports, as taught by Zhu, so as to provide a user with multiple operational shower modes to select from based on their preference or needs.
Zhou teaches a shower assembly comprising a rotary diverting valve (1) with an inlet port (115) coupled to a water supply pipe (4), a first outlet port (113) coupled to a rain showerhead (3) and a second outlet port (114) coupled to a lower second showerhead (2).
It would have been obvious to one of ordinary skill in the art to utilize a rain showerhead as an overhead showerhead of a shower assembly, as taught by Zhou, based on design choices such as user preference for such a water delivery configuration, cost or other design considerations.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Zhu and Zhou as applied to claim 1 above, and further in view of US 9,347,208 (Quinn).
Regarding claims 2-3, Yu states that the inlet port is disposed on a backside of the valve body (Fig. 7) and that the shower assembly comprises a bracket (51’’) that releasably holds the handheld showerhead however it is located distally from the valve body on a water pipe (4’’) (Fig. 8) instead of being on a front side of the valve body.
Quinn teaches a shower assembly (100) comprising a rotary valve (132), a valve body (116), an inlet port (118) on a back side and an outlet port (114) for connecting a handheld showerhead (102). Quinn further teaches a bracket (110/510) for releasably coupling the handheld shower arm which can be located on a front side of the valve body (110, Fig. l) or on a side of the valve body (510, Fig. 20) and that repositioning components on the valve body is known (Figs. 14A-14D).
It would have been obvious to one of ordinary skill in the art to locate the mounting bracket at other locations including on a front side of the valve body, as taught by Quinn, for user preference regarding the spray of water from the handheld showerhead when mounted (orientation/angle), convenience/ergonomic preference of removing and attaching the handheld shower head or other design considerations such as available shower space or design.
Regarding claim 4, Yu states that the first outlet port is located on a topside of the valve body (Fig. 7).
Regarding claim 5, Yu states that the second outlet port is located on a bottom of the valve body (Fig. 7).
Claims 6 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Zhu, Zhou and Quinn.
Regarding claim 6, Yu discloses a shower assembly (Fig. 7) comprising a three-port shower arm diverting valve (1) comprising:
a valve body (1);
an inlet port (11; annotated figure below) arranged at a back of the valve body for attaching to a shower water pipe (2) protruding from a piping wall to receive a flow of water therefrom;
a first outlet port (12; annotated figure below) in the valve body that operatively couples with an overhead showerhead to provide a flow of water to the overhead showerhead (Fig. 8);
a second outlet port (13; annotated figure below) in the valve body that operatively couples to a handheld showerhead to provide a flow of water to the handheld showerhead (10’’; Fig. 8) (C1 L60- C2 L5);
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a valve disposed inside the valve body (C3 L15-16); and
a bracket (51’’) that releasably holds the handheld showerhead.
While Yu discloses that the valve is a three-port valve it doesn’t disclose how the valve operates. While Yu discloses that the first outlet port couples to an overhead showerhead it doesn’t specify that it is a ‘rain’ showerhead. While Yu discloses a handheld shower bracket the bracket is located distally from the valve body on a water pipe (4’’) (Fig. 8) instead of being on the valve body.
Zhu teaches a three-power shower arm diverting valve comprising a valve body (1) comprising a rotary valve (100) having an inlet port (11), a first outlet port (12) and a second outlet port (13). Zhu further teaches that the rotary valve is configured to direct water from the inlet port to the first outlet port in a first position, to direct water from the inlet port to the second outlet port in a second position and to direct water out of both the first outlet and the second outlet in a third position (C6 L43-C7 L37).
It would have been obvious to one of ordinary skill in the art to configure the valve as a rotary valve having at least three positions for directing water out of the first outlet port, the second outlet port or both outlet ports, as taught by Zhu, so as to provide a user with multiple operational shower modes to select from based on their preference or needs.
Zhou teaches a shower assembly comprising a rotary diverting valve (1) with an inlet port (115) coupled to a water supply pipe (4), a first outlet port (113) coupled to a rain showerhead (3) and a second outlet port (114) coupled to a lower second showerhead (2).
It would have been obvious to one of ordinary skill in the art to utilize a rain showerhead as an overhead showerhead of a shower assembly, as taught by Zhou, based on design choices such as user preference for such a water delivery configuration, cost or other design considerations.
Quinn teaches a shower assembly (100) comprising a rotary valve (132), a valve body (116), an inlet port (118) on a back side and an outlet port (114) for connecting a handheld showerhead (102). Quinn further teaches a bracket (110/510) for releasably coupling the handheld shower arm which can be located on a front side of the valve body (110, Fig. l) or on a side of the valve body (510, Fig. 20) and that repositioning components on the valve body is known (Figs. 14A-14D).
It would have been obvious to one of ordinary skill in the art to locate the mounting bracket at other locations including on the valve body, as taught by Quinn, for user preference regarding the spray of water from the handheld showerhead when mounted (orientation/angle), convenience/ergonomic preference of removing and attaching the handheld shower head or other design considerations such as available shower space or design.
Regarding claim 22, Yu discloses a shower assembly (Fig. 7) comprising a three-port shower arm diverting valve (1) comprising:
a valve body (1);
an inlet port (11; annotated figure below) arranged at a back of the valve body for attaching to a shower water pipe (2) protruding from a piping wall to receive a flow of water therefrom;
a first outlet port (12; annotated figure below) located off the front of the valve body that operatively couples with an overhead showerhead to provide a flow of water to the overhead showerhead (Fig. 8);
a second outlet port (13; annotated figure below) located off the front of the valve body that operatively couples to a second showerhead to provide a flow of water to the second showerhead (10’’; Fig. 8) (C1 L60- C2 L5);
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a valve disposed inside the valve body (C3 L15-16); and
a bracket (51’’) that releasably holds the handheld showerhead.
While Yu discloses that the valve is a three-port valve it doesn’t disclose how the valve operates. While Yu discloses that the first outlet port couples to an overhead showerhead it doesn’t specify that it is a ‘rain’ showerhead. While Yu discloses a mounting bracket for the second showerhead the bracket is located distally from the valve body on a water pipe (4’’) (Fig. 8) and as such the second showerhead is not located on a front of the valve body.
Zhu teaches a three-power shower arm diverting valve comprising a valve body (1) comprising a rotary valve (100) having an inlet port (11), a first outlet port (12) and a second outlet port (13). Zhu further teaches that the rotary valve is configured to direct water from the inlet port to the first outlet port in a first position, to direct water from the inlet port to the second outlet port in a second position and to direct water out of both the first outlet and the second outlet in a third position (C6 L43-C7 L37).
It would have been obvious to one of ordinary skill in the art to configure the valve as a rotary valve having at least three positions for directing water out of the first outlet port, the second outlet port or both outlet ports, as taught by Zhu, so as to provide a user with multiple operational shower modes to select from based on their preference or needs.
Zhou teaches a shower assembly comprising a rotary diverting valve (1) with an inlet port (115) coupled to a water supply pipe (4), a first outlet port (113) coupled to a rain showerhead (3) and a second outlet port (114) coupled to a lower second showerhead (2).
It would have been obvious to one of ordinary skill in the art to utilize a rain showerhead as an overhead showerhead of a shower assembly, as taught by Zhou, based on design choices such as user preference for such a water delivery configuration, cost or other design considerations.
Quinn teaches a shower assembly (100) comprising a rotary valve (132), a valve body (116), an inlet port (118) on a back side and an outlet port (114) for connecting a handheld showerhead (102). Quinn further teaches a bracket (110/510) for releasably coupling the handheld shower arm which can be located on a front side of the valve body (110, Fig. l) or on a side of the valve body (510, Fig. 20) and that repositioning components on the valve body is known (Figs. 14A-14D).
It would have been obvious to one of ordinary skill in the art to locate the mounting bracket at other locations including a front of the valve body thereby mounting the second showerhead on the front of the valve body, as taught by Quinn, for user preference regarding the spray of water from the handheld showerhead when mounted (orientation/angle), convenience/ergonomic preference of removing and attaching the handheld shower head or other design considerations such as available shower space or design.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 1,193,302 (Seltner) teaches a shower assembly comprising a rotary valve with an inlet port, a first outlet port connected to a rain showerhead and a second outlet port connected to a handheld showerhead.
US 4,901,927 (Valdivia) teaches a shower assembly comprising a rotary valve with an inlet port and two outlet ports coupled to two separate showerhead assemblies.
US 7,299,510 (Tsai) teaches a shower assembly comprising a handheld showerhead, an overhead shower head and a rotary diverter valve configured to direct water to either showerhead or both at the same time.
US 7,373,954 (Zhadanov) teaches a three port rotary valve assembly.
US 8,191,185 (Tsai) teaches a shower assembly comprising a four port diverter valve comprising a showerhead fixedly mounted to a front of the valve body, an overhead shower head coupled to a first outlet port and a handheld showerhead coupled to a second outlet port, the first and second outlet ports being located off the front of the valve body.
US 8,720,799 (Tseng) teaches a shower assembly comprising a rotary valve, a fixed showerhead and a handheld showerhead coupled to a mounting bracket on the front of the valve body.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754