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 .
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(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (CN 215806471) in view of Haubrich (US Patent 6,345,397).
Regarding Claim 11, Dong shows an ablutionary system comprising: a riser bar (51) assembly attached to a surface within an ablutionary setting, the riser bar assembly including: an adjustable riser bar with a telescopic arrangement (page 4 paragraph 5), the adjustable riser bar including: a first bar element (51) comprising an outer diameter; a second bar element (4) comprising an inner diameter, translatable relative to the first bar element along a length of the first bar element (page 4 paragraph 6); and a collet (12), wherein tightening of the collet fixes relative positions of the first bar element and the second bar element (page 4 paragraph 6); and a fluid delivery device (2) in fluid communication with a source of a flow of fluid having a user-desired temperature and/or flow rate. Dong fails to show wherein the outer diameter of the first bar element is less than the inner diameter of the second bar element. Haubrich teaches a faucet having a wherein the outer diameter of the first bar element (28) is less than the inner diameter of the second bar element (23) (Fig.1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the outer diameter of the first bar element is less than the inner diameter of the second bar element in order to allow height of the faucet to be adjusted.
Claim(s) 1-10 and 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (CN 215806471) in view of Fan (US Patent 5,749,552) in view of Haubrich (US Patent 6,345,397).
Regarding Claim 1, Dong shows a riser bar assembly comprising: an adjustable riser bar with a telescopic arrangement, the adjustable riser bar including: a first bar element (51) comprising an outer diameter; a second bar element (4) comprising an inner diameter, translatable relative to the first bar element along a length of the first bar element (page 4 paragraph 6); and a collet (12), wherein tightening of the collet fixes relative positions of the first bar element and the second bar element (page 2 paragraph 8). Dong fails to show a sleeve and the outer diameter of the first bar element is less than the inner diameter of the second bar element.
Fan teaches a shower having a sleeve (see annotated figure below) having a first aperture (see annotated figure below) through which either the first bar element (56) or the second bar element extends and a second aperture (see annotated figure below) configured to retain a hose. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a sleeve having two apertures in order to hold and adjust the height of the shower head.
Haubrich teaches a pole wherein the outer diameter of the first bar element (28) is less than the inner diameter of the second bar element (16) (Fig.1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the outer diameter of the first bar element is less than the inner diameter of the second bar element in order to allow the length of the bar to be adjusted.
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Regarding Claim 2, The riser bar assembly of claim 1 further comprising a sleeve (13) having a first aperture (near 14) through which either the first bar element (51) element extends (Fig.2).
Regarding Claim 3, Dong shows the riser bar assembly of claim 2, wherein the sleeve (13) is positionable to cover at least partially the collet (fig.4).
Regarding Claim 4, Dong shows the riser bar assembly of claim 2, wherein the sleeve is positionable to sit atop and at least partially cover the collet (Fig.4)
Regarding Claim 5, Dong shows the riser bar assembly of claim 2, further comprising at least one functional accessory (2) connected to the sleeve (through the bars (51) and holder (20)).
Regarding Claim 6, Dong shows the riser bar assembly of claim 5 further comprising a portion (19) extending away from the first bar element (51), wherein one or more of the at least one functional accessories (2) are connected to the portion (19) extending away from the first bar element (51) (Fig.1).
Regarding Claim 7, Dong shows the riser bar assembly of claim 1, further comprising a fixing element (1) holding a fluid delivery device (6) or a part thereof, the fixing element being attached to the first bar element (51) (Fig.1).
Regarding Claim 8, Dong shows the riser bar assembly of claim 1, wherein a wire (9) passes along (or next to) at least a portion of a length of the second bar element (4).
Regarding Claim 9, Dong shows the riser bar assembly claim 1, wherein a channel (above 8) for conveying fluid passes (provides water to both shower heads along the bars) along at least a portion of a length of the first bar element and the second bar element.
Regarding Claim 10, Dong shows the riser bar assembly of claim 1, further comprising one or more connectors (near 10) attaching the first bar element and/or the second bar element to a surface within an ablutionary setting (Fig.1).
Regarding Claim 12, Dong shows a method comprising: adjusting a total length of a riser bar assembly by sliding a first bar element (51) comprising an outer diameter telescopically relative to a second bar element (4) comprising an inner diameter; and tightening a collet (12) to fix the relative positions of the first bar element and the second bar element.
Dong fails to show a sleeve and wherein the outer diameter of the first bar element is less than the inner diameter of the second bar element.
Fan teaches a sleeve having a first aperture (see annotated figure below), wherein the sleeve comprises at least two apertures (see annotated figure below). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a sleeve having two apertures in order to hold and adjust the height of the shower head.
Haubrich teaches a faucet wherein the outer diameter of the first bar element (28) is less than the inner diameter of the second bar element (23) (Fig.1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the outer diameter of the first bar element is less than the inner diameter of the second bar element in order to allow the faucet height to be adjusted.
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Regarding Claim 13, Dong shows the method of claim 12 comprising at least partially covering the collet with a sleeve (13).
Regarding Claim 14, Dong shows the method of claim 13 comprising positioning the sleeve (13) such that the sleeve contacts and at least partially covers the collet (Fig.4).
Regarding Claim 15, Dong shows the method of claim 13, wherein at least one functional accessory (6) is connected to the sleeve (through the bar elements, Fig.1).
Regarding Claim 16, Dong shows the method of claim 13, wherein a fixing element (20) holds a fluid delivery device (2) or a part thereof, the fixing element being attached to the second bar element (4)(Fig.1).
Regarding Claim 17, Dong shows the method of claim 13, wherein a wire (9) passes along at least a portion of a length of the second bar element (4).
Regarding Claim 18, Dong shows the method of claim 13, wherein a channel (above 8) for conveying fluid passes along at least a portion of a length of the first bar element and/or the second bar element
Regarding Claim 19, Dong shows the method of claim 12 comprising attaching (10) the riser bar assembly to a surface in the ablutionary setting ( a shower room, page 2 paragraph 4).
Regarding Claim 20, Dong shows the method of claim 12, wherein one or more connectors (10) attach the first bar element and the second bar element to a surface within the ablutionary setting (Fig.1).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Further the examiner suggests adding limitations to detail how the sleeve interacts with the collet as described in paragraphs 12-14 of the originally filed specification.
Conclusion
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/LAUREN A CRANE/ Primary Examiner, Art Unit 3754
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