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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by ZHADANOV 20240116776.
Examiner Note: the effectively filled date of ZHADANOV is the filled date of its Provisional Application 63/379,034, which is Oct. 11, 2022.
Regarding claim 1, ZHADANOV teaches the invention as claimed: A shower apparatus (title), comprising:
a water passing pipeline (comprising 510 in Fig. 23 and a connecting arm, such as 903 in Figs. 31A-31B, connected with a water source per [0151]),
wherein a water inlet end (a water inlet end of the connecting arm per [0151] receives water from the water source, such as the water inlet end of 903 in annotated Fig. 31A) of the water passing pipeline (comprising 510 in Fig. 23 and the connecting arm, such as 903 in Figs. 31A-31B) is configured to be connected with a water inlet pipe disposed on a wall (such water inlet pipe disposed on a wall as the water source per [0151], which is required to be connected to the connecting arm, such as the 903 in Fig. 31A, for providing water);
a filter assembly (508 in Fig. 23, and per [0149], 508 in Fig. 23 has similar structures of 308 in Figs. 13-21), wherein a water inlet end of the filter assembly (a water inlet end of 508 is the 342 in Fig. 18 where water enters filter per [0143]) is connected to a water outlet end (512 in Fig. 23) of the water passing pipeline (the 510 part in Fig. 23; and 512 in Fig. 23 is fluidly connected to the water inlet 342 in Fig. 18 of the filter assembly 508 in Fig. 23 in order to provide the filtered water received from 508 to a hose, see [0150 and 0153]), and a water outlet end of the filter assembly (a water outlet end of 508 in Fig. 23, which is 346 in Fig. 18, where water exits filter, see [0135, 0150, and 0153]) is connected to a water inlet end of a hose (a water inlet end of the hose per [0150 and 0153] to receive the filtered water from 512 in Fig. 23, such as the water inlet end of hose 985 in annotated Fig. 31A); and
a water outlet assembly (the hand shower per [0150], such as 905 in Figs. 31A-31B), wherein a water inlet end of the water outlet assembly (a water inlet end of the hand shower per [0150 and 0153] receives water from the hose, such as the water inlet end of hand shower 905 in annotated Fig. 31A) is connected to a water outlet end of the hose (a water outlet end of the hose per [0150 and 0153] provides water to the hand shower, such as the water outlet end of hose 985 in annotated Fig. 31A), and the water outlet assembly (the hand shower per [0150], such as 905 in Figs. 31A-31B) is hung on the water passing pipeline (per [0150] and Fig. 23, 510, comprising a pair of 554s to hold the hand shower).
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Regarding claim 2, ZHADANOV further teaches wherein the water passing pipeline comprises a connecting arm (the connecting arm per [0151] that connects with the water source, such as the 903 in Figs. 31A-31B) and a water passing body (510 in Fig. 23), wherein a water inlet end of the connecting arm (such as the water inlet end of 903 in annotated Fig. 31A in claim 1) is configured as the water inlet end of the water passing pipeline (see annotated Fig. 31A in claim 1), and a ball joint (516 in Fig. 23 and [0151]) is connected between a water outlet end of the connecting arm (a water outlet end of the connecting arm per [0151] that inserts into 518 of 516 in Fig. 23, such as the water outlet end of 903 at where 914 is in Fig. 31A) and a water inlet end (510A in Fig. 23) of the water passing body (510 in Fig. 23); and
a water outlet end (512 in Fig. 23) of the water passing body (510 in Fig. 23) is configured as the water outlet end of the water passing pipeline (in order to provide water to the hose per [0150 and 0153], such as the 983 in Fig. 31A), and the water passing body (510 in Fig. 23) is connected to (via 554 in Fig. 23) the water outlet assembly (the hand shower per [0153], such as the 905 in Fig. 31A).
Regarding claim 3, ZHADANOV further teaches wherein the water outlet end of the connecting arm (the water outlet end of the connecting arm per [0151] that insets into the 518 in Fig. 23, such as such as the water outlet end of 903 at where 914 is in Fig. 31A) is connected to a connecting part (518 in Fig. 23) of the ball joint (516 in Fig. 23), a ball head (517, see Fig. 23 and [0151]) of the ball joint (516 in Fig. 23) is received in a connecting nut (514 in Fig. 23) and rotatably connected to the connecting nut ([0151]), and the connecting nut (514 in Fig. 23) is in threaded connection with ([0151]) the water inlet end (510A in Fig. 23) of the water passing body (510 in Fig. 23).
Regarding claim 5, ZHADANOV further teaches wherein the water passing body (510 in Fig. 23) is provided with a C-shaped hole (formed by the pair of 554, see Fig. 23) for placing the water outlet assembly (the hand shower, per [0150]).
Regarding claim 6, ZHADANOV further teaches wherein the water outlet assembly is a shower head (the hand shower per [0150], such as the 905 in Figs. 31A-31B), wherein the shower head comprises a handle (such as handle 987 in Fig. 31A), a shower head body (such as the shower head body in annotated Fig. 31A) and a water outlet panel (such as the water outlet panel in annotated Fig. 31A); a water inlet end of the shower head body (such as the water inlet end of the shower head body in annotated Fig. 31A) is connected to a first end of the handle (such as the first end of 987 in annotated Fig. 31A) and a water outlet end of the shower head body (such as the water outlet end of the shower head body in annotated Fig. 31A) is connected to the water outlet panel (such as the water outlet panel in annotated Fig. 31A); and a second end of the handle (such as the second end of 987 in annotated Fig. 31A) is configured as the water inlet end of the water outlet assembly (where water is provided from the hose to the hand shower per [0150 and 0153] see annotated Fig. 31A in claim 1), and the hose (such as the 985 in Fig. 31A) is inserted into the C-shaped hole (formed by the pair of 554s in Fig. 23; in Fig. 31A hose 985 inserts into handle 987, and when handle 987 is inserted into the c-shaped hole formed by the pair of 554s in Fig. 23, a portion of hose 985 is also inserted into the c-shaped hole).
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Regarding claim 7, ZHADANOV further teaches wherein the filter assembly (508 in Fig. 23, which per [0149] has similar structures of 308 in Figs. 13-21) comprises a housing (comprising 522 in Fig. 23 and a connector per [0152], which is also the 322 and 320 in Figs. 14-17) and a filter element (the filter cartridge per [0152], which is also the 324 in Figs. 14 and 18-21) disposed in the housing (see Figs. 14 and 18-21 and [0132]), wherein a water inlet end (342 in Fig. 18) of the housing (the 320 part; and per [0135] and Figs. 14 and 18, said water inlet end 342 is formed by an enlarged diameter portion 330 of the connector 320) is configured as the water inlet end of the filter assembly (342 is interpreted as the claimed water inlet end of the filter assembly; see rejection in claim 1), and a water outlet end (346 in Fig. 8) of the housing (the 320 part; and per [0135] and Figs. 14 and 18, said water outlet end 346 is formed by the enlarged diameter portion 330 of the connector 320) is as the water outlet end of the filter assembly (346 is interpreted as the claimed water outlet end of the filter assembly; see rejection in claim 1).
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Leavitt 20230311034.
Regarding claim 1, Leavitt teaches the invention as claimed: A shower apparatus (100 in Fig. 1C), comprising:
a water passing pipeline (122 and 124, note: the water pipe part of 124), wherein a water inlet end (the water inlet end of 122 in annotated Fig. 1C) of the water passing pipeline (the 122 part) is configured to be connected with a water inlet pipe (per [0030] and Fig. 1C, a water source configured to provided water to 122; thus, the water source is require to have a water inlet pipe connected to 122) disposed on a wall (the wall having the surface 160, see Fig. 1C and [0028]);
a filter assembly (110 in Fig. 1C, which comprising housing 112 and filter cartridge 210, see Fig. 2C and [0037-0038]), wherein a water inlet end of the filter assembly (a water inlet end of 110 at where the threaded ring 140 is, see annotated Fig. 1C) is connected to a water outlet end of the water passing pipeline (a water outlet end of 124 part at where the threaded ring 140 is, see annotated Fig. 1C), and a water outlet end of the filter assembly (a water outlet end of 110 at where the connector 150 is, see annotated Fig. 1C) is connected to (at the connector 150, see Fig. 1C) a water inlet end of a hose (a water inlet end of 130 at where the connector 150, see annotated Fig. 1C); and
a water outlet assembly (126, Fig. 1C), wherein a water inlet end of the water outlet assembly (a water inlet end of 126, see annotated Fig. 1C) is connected to a water outlet end of the hose (a water outlet end of hose 130 as marked in annotated Fig. 1C), and the water outlet assembly (126) is hung on the water passing pipeline (the 124 part of the claimed water passing pipeline, see Fig. 1C).
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Regarding claim 7, Leavitt teaches the invention as claimed and as discussed above.
Leavitt further teaches wherein the filter assembly (110 in Fig. 1C) comprises a housing (112) and a filter element (210) disposed in the housing (best seen Fig. 2C and [0037-0038]), wherein a water inlet end of the housing is configured as the water inlet end of the filter assembly (the water inlet end of housing 112 is the inlet end of the filter assembly 110, see annotated Fig. 1C in claim 1), and a water outlet end of the housing is configured as the water outlet end of the filter assembly (the water outlet end of housing 112 is the outlet end of filter assembly 110, see annotated Fig. 1C in claim 1).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over ZHADANOV 20240116776 in view of Quinn 20130340854.
Regarding claim 4, ZHADANOV teaches the invention as claimed and as discussed above.
ZHADANOV does not teach wherein a spherical sleeve is arranged between the ball head of the ball joint and the connecting nut, and a spherical pad is arranged between the ball head of the ball joint and the water inlet end of the water passing body.
However, Quinn teaches a shower apparatus (100 as shown in Fig. 1), comprising: a ball joint (comprising 126, best seen in Figs. 3-4) is connected between a water outlet end of the connecting arm (a water outlet end of 104 that inset into a connecting part of the ball joint, see annotated Figs. 1 and 4) and a water inlet end (134) of the water passing body (116, best seen in Figs. 3-4),
wherein the water outlet end of the connecting arm (the water outlet end of 104 that insets into the connecting part of the ball joint, see annotated Figs. 1 and 4) is connected to a connecting part (annotated Fig. 4) of the ball joint (comprising the connecting part marked in annotated Fig. 4 and 126 in Fig. 4), a ball head (126) of the ball joint (comprising the connecting part marked in annotated Fig. 4 and 126 in Fig. 4) is received in a connecting nut (118, best seen in Figs. 3-4) and rotatably connected to the connecting nut ([0082]), and the connecting nut (118) is in threaded connection with (via wall 160 at thread 162 and 168, see Fig. 4 and [0090]) the water inlet end (the base 134 where the water passing body 116 receives the ball head 126, best seen in Figs. 3-4) of the water passing body (116),
wherein a spherical sleeve (ring 142, best seen in Figs. 3-4) is arranged between the ball head (126) of the ball joint and the connecting nut (118), and a spherical pad (ring 140) is arranged between the ball head (126) of the ball joint and the water inlet end (134) of the water passing body (116, best seen in Figs. 3-4).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide ZHADANOV with Quinn’s spherical sleeve and spherical pad, such that
a spherical sleeve is arranged between the ball head of the ball joint and the connecting nut, and a spherical pad is arranged between the ball head of the ball joint and the water inlet end of the water passing body
in order to prevent water from leaking around and between particular elements (Quinn, [0115]).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Leavitt 20230311034 in view of Genin 20200247700.
Regarding claim 8, Leavitt teaches the invention as claimed and as discussed above.
Leavitt does not teach wherein the filter element comprises a residual chlorine removal filter element, a bacteriostatic filter element, a VC filter element, a KDF filter element, a mineralization filter element, a hydrogen- rich filter element, a fluorine removal filter element, a metasilicic acid filter element, a scale inhibition filter element, an alkaline filter element, and a fragrance filter element.
However, Genin teaches a filter assembly (as shown in Fig. 1) for a shower apparatus (title) comprising a filter element (the filter cartridge 19 comprising a plurality of filter elements 21, see Fig. 2 and [0041]) disposed in the housing (see Fig. 2),
wherein the filter element (the filter cartridge 19 comprising a plurality of filter elements 21, see Fig. 2 and [0041]) comprises a residual chlorine removal filter element, a bacteriostatic filter element, a VC filter element, a KDF filter element, a mineralization filter element, a hydrogen-rich filter element, a fluorine removal filter element, a metasilicic acid filter element, a scale inhibition filter element, an alkaline filter element, and a fragrance filter element (per [0004, 0010-0011 and 0015], the plurality of elements 21 forming the multi-staged filter cartridge 19, wherein the plurality of elements comprises: granulated activated coconut carbon, which is the claimed residual chlorine removal filter element; kinetic degradation fluxion process media, which is the claimed KDF filter element, see top of [0011] in p. 1; tourmaline ceramic balls, maifan stone, potassium metasilicate ceramic balls, vitamin C ceramic balls which mineralize water, which are the claimed VC filter element, mineralization filter element, and metasilicic acid filter element; hydrogen water ceramic balls, which is the claimed hydrogen-rich filter element; alkaline ceramic balls, which is the claimed alkaline filter element, see middle of [0011] in p. 1; fluorine removal property, which is the claimed fluorine removal filter element, see top of [0011] in p. 2; volatile organic chemicals configured to remove sediments and bacteria, which is the claimed bacteriostatic filter element and scale inhibition filter element, see top of [0011] in p. 1 and [0015]; deodorant, which is the claimed fragrance filter elements, see top of [0011] in p. 2).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Leavitt with Genin’s multi-staged filter element, such that
wherein the filter element comprises a residual chlorine removal filter element, a bacteriostatic filter element, a VC filter element, a KDF filter element, a mineralization filter element, a hydrogen- rich filter element, a fluorine removal filter element, a metasilicic acid filter element, a scale inhibition filter element, an alkaline filter element, and a fragrance filter element
in order improve water quality and stability by a process, e.g., soften the water, remove contaminants, irritants, bacteria, heavy metals, and unpleasant odors, etc. (Genin, [0002-0003]).
Regarding claim 9, Leavitt teaches the invention as claimed and as discussed above.
Leavitt does not teach wherein the housing is provided as a first housing and a second housing, wherein the first housing is in threaded connection with the second housing, a water inlet end of the first housing is configured as the water inlet end of the housing, and a water outlet end of the second housing is configured as the water outlet end of the housing.
However, Genin teaches a filter assembly (as shown in Figs. 1-2) for a shower apparatus (title) comprising a housing (comprising 1-3 and 9-11) a filter element (the filter cartridge 19 comprising a plurality of filter elements 21, see Fig. 2 and [0041]) disposed in the housing (see Figs. 1-2), wherein the housing is provided as a first housing (1-3) and a second housing (9-11, see Figs. 1-2), wherein the first housing is in threaded connection with the second housing (at threaded part 15 and 16, see Fig. 2), a water inlet end (1) of the first housing (1-3) is configured as the water inlet end of the housing (water enters filter via water inlet end 1, see [0037]), and a water outlet end (11) of the second housing (9-11) is configured as the water outlet end of the housing (water exits filter via the water outlet end 11, see [0037]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Leavitt with Genin’s teaching of forming the housing with a first housing and a second housing, such that
wherein the first housing is in threaded connection with the second housing, a water inlet end of the first housing is configured as the water inlet end of the housing, and a water outlet end of the second housing is configured as the water outlet end of the housing
because it is noted that a simple substitution of one known element, in this case, using a single-piece housing, for another, in this case, using a joined two-piece housing, to obtain predictable results, in this case, forming a housing for placing a filter therein, was an obvious extension of prior art teachings, MPEP 2141 III(B).
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered.
Applicant argues, “… the effective filing date of the claimed invention is April 20, 2023 and April 25, 2023. Thus, ZHADANOV 20240116776 with a publication date of April 11, 2024 later than the claimed priority date of the claimed invention is disqualified as prior art”.
Examiner does not agree because claim 1 is rejected by ZHADANOV under 35 U.S.C 102 (a)(2), which relies on the effective filled date of ZHADANOV, and ZHADANOV’s effective filled date is the filled date of its Provisional Application 63/379,034, i.e., Oct. 11, 2022 that is earlier than the effective filling date of the instant application. Therefore, ZHADANOV is qualified as prior art and the rejection for claim 1 based on ZHADANOV is maintained.
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 JINGCHEN LIU whose telephone number is (571)272-6639. The examiner can normally be reached 9:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JINGCHEN LIU/ /GERALD L SUNG/ Primary Examiner, Art Unit 3741 Examiner, Art Unit 3741