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 .
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed on December 22, 2025. Claim 1 has been amended. Claim 11 has been canceled.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the reference to Delepine still reads on all the claimed feature based on the Examiner’s new interpretation regarding the first shower head.
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, 3, 8, 9, 12, 14-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Delepine (US 5,060,322).
With regard to claim 1, Delepine discloses a shower device (40) for producing at least two water jet patterns (see Fig. 6), wherein the shower device (8) has comprises a nozzle arrangement (27 in conjunction with 28, Fig. 3) for dispensing water with a first group of nozzles (27) for producing a first water jet pattern and/or a second group of nozzles for producing a second water jet pattern (the examiner interprets the feature “second group of nozzles” followed by the term “or”, as a result, the reference does not need to read on the feature), a first shower head (45 in conjunction with 49), which comprises the first and/or the second group of nozzles (Fig. 6), and a plurality of water supply lines (42 and 43), via which water can be supplied to the first shower head (45 and 49), wherein the nozzle arrangement (27 and 28) comprises a third group of nozzles for producing a third water jet pattern (28), wherein the shower device (Fig. 6) comprises a second shower head (8), which comprises the third group of nozzles (28) and with respect to which the first shower head (45 and 49) in the mounted state is arranged, and at least one further water supply line (41), via which water can be supplied to the second shower head (8), and wherein the first shower head (45 and 49) and the second shower head (8) are spaced apart from each other at a shower head distance along a geometric main axis (vertical axis) of the shower device (40); wherein each of the plurality of water supply lines (42 and 43), via which water can be supplied to the first shower head (45 and 49), extends from a wall (7) to the first shower head and is configured as a supply line and a spacing unit for supplying water to the first shower head (45 and 49) and for spacing and fastening the first shower head in relation to the wall (Fig. 6 shows the supply lines 42 and 43 are acting a spacing and supplying unit).
With regard to claim 3, the device of Delepine discloses the invention as disclosed in the rejection of claim 1 above. Delepine further discloses that the first group of nozzles (27) comprises a plurality of first nozzles for dispensing water for the first water jet pattern and/or the second group of nozzles comprises a plurality of second nozzles for dispensing water for the second water jet pattern, and wherein the third group of nozzles (28) comprises at least one third nozzle for dispensing of water for the third water jet pattern.
With regard to claim 8, the device of Delepine discloses the invention as disclosed in the rejection of claim 1 above. Delepine further discloses that wherein the first group of nozzles and/or the second group of nozzles and/or the third group of nozzles (27 and 28) are/is rotationally symmetrical, and/or wherein the first water jet pattern and/or the second water jet pattern and/or the third water jet pattern are/is rotationally symmetrical (Fig. 3).
With regard to claim 9, the device of Delepine discloses the invention as disclosed in the rejection of claim 1 above. Delepine further discloses that wherein the shower device (40) comprises a mounting arrangement (7) with a mounting body (20) for mounting on the wall, on which the second shower head (8) is arranged and which at least partially surrounds the second shower head (Fig. 2).
With regard to claim 12, the device of Delepine discloses the invention as disclosed in the rejection of claim 9 above. Delepine further discloses that wherein the mounting body (20) comprises at least one water connection for a connecting supply line (10/44), which is laid in the wall (Fig. 1), and a water distribution structure (connector for 41/42), and wherein the water distribution structure (connector for 41/42) in the mounting body (40) divides the supply of water between the first shower head and the second shower head (Fig. 6).
With regard to claim 14, the device of Delepine discloses the invention as disclosed in the rejection of claim 1 above. Delepine further discloses that wherein the shower device (40) comprises an illumination arrangement (16) for illuminating at least one of the water jet patterns by light with at least one light source (Fig. 1).
With regard to claim 15, the device of Delepine discloses the invention as disclosed in the rejection of claim 1 above. Delepine further discloses that a method for producing a water jet pattern with a shower device according to claim 1.
With regard to claim 16, the device of Delepine discloses the invention as disclosed in the rejection of claim 15 above. Delepine further discloses that a first water jet pattern produced with the shower device is conical, and/or wherein a second water jet pattern produced with the shower device is formed in a sinking manner, and/or wherein a third water jet pattern produced with the shower device is cylindrical (produced by nozzles 27).
With regard to claim 17, the device of Delepine discloses the invention as disclosed in the rejection of claim 1 above. Delepine further discloses that a shower device and a wall (Fig. 1), to which the shower device is fastened, wherein the shower device is designed according to Claim 1.
With regard to claim 20, the device of Delepine discloses the invention as disclosed in the rejection of claim 8 above. Delepine further discloses that the axes of the rotational symmetries are identical (Fig. 3).
Allowable Subject Matter
Claims 2, 4-7, 10, 13, 18, and 19 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
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 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