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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 27, 2026 has been entered.
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed on May 27, 2026. Claim 1 has been amended and Claim 9 has been canceled.
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
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: “control element” 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.
The specification is devoid to provide any corresponding structure associated to the limitation “control element”.
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, 4, 5, 7, and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qin (CN 207839214 U).
With regard to claim 1, Qin discloses a shower device (Fig. 5) for producing at least two water jet patterns (multiple nozzle groups 2 as seen in Fig 5), wherein the shower device comprises a nozzle arrangement for dispensing water with a first group of nozzles (2) for producing a first water jet pattern and a second group of nozzles (2) for producing a second water jet pattern, a first shower head (1), and a plurality of water supply lines (6/7), via which water can be supplied to the first shower head (1), wherein the first shower head (1, Fig. 5) comprises the first group of nozzles (2) and the second group of nozzles (2), wherein the first group of nozzles and the second group of nozzles are accommodated in a housing o the first shower head (1, Fig. 5), wherein each one of the water supply lines (6/7) extends from a common wall to the first shower head (1) and is designed as supply line and spacing units for supplying water to the first shower head (1) and for spacing and fastening the first shower head in relation to the wall, and wherein the first shower head (1) is held exclusively via the water supply lines (6/7), wherein the supply lines are secured to the wall directly or indirectly (Fig. 5 and Par. [0022]).
With regard to claim 2, the device of Qin discloses the invention as disclosed in the rejection of claim 1 above. Qin further discloses that the water supply lines (6/7) are designed as spatially separated water supply lines (Fig. 5), which are fastened at a distance from one another to the first shower head or are configured to be fastened at a distance from one another to the wall (Fig. 5 and Par. [0022]).
With regard to claim 4, the device of Qin discloses the invention as disclosed in the rejection of claim 1 above. Qin further discloses that the first group of nozzles comprises a plurality of first nozzles for dispensing water for the first water jet pattern and the second group of nozzles comprises a plurality of second nozzles for dispensing water for the second water jet pattern (multiple nozzle groups 2, see Fig. 5 and Par. [0023-0024]).
With regard to claim 5, the device of Qin discloses the invention as disclosed in the rejection of claim 1 above. Qin further discloses that the first shower head (1) comprises a distribution system for distributing water from the water supply lines to the first group of nozzles and second group of nozzles (see Fig. 5 and Par. [0023-0024]), which distribution system comprises a first distribution line for distributing water to the first nozzles and a second distribution line for distributing water to the second nozzles (each distribution line associated to one of the nozzle groups 2 is depicted in Figs. 1-4).
With regard to claim 7, the device of Qin discloses the invention as disclosed in the rejection of claim 1 above. Qin further discloses that the first shower head (1) comprises a modular main body, which is formed from a plurality of interconnected main body modules (seen in Figs. 1-4).
With regard to claim 14, the device of Qin discloses the invention as disclosed in the rejection of claim 1 above. Qin further discloses that a method for producing a water jet pattern with a shower device according to claim 1.
With regard to claim 15, the device of Qin discloses the invention as disclosed in the rejection of claim 14 above. Qin 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 cylindrica (see Fig. 5 and Par. [0023-0024]).
With regard to claim 16, the device of Qin discloses the invention as disclosed in the rejection of claim 1 above. Qin further discloses that a shower system with a shower device and a wall to which the shower device is fastened, wherein the shower device is designed according to claim 1 (Par. [0022]).
With regard to claim 17, the device of Qin discloses the invention as disclosed in the rejection of claim 2 above. Qin further discloses that the water supply lines (6/7) are arranged substantially parallel to one another and/or on a common first circular path or elliptical path (Fig. 5).
With regard to claim 18, the device of Allard discloses the invention as disclosed in the rejection of claim 3 above. Allard further discloses that the water supply lines (6/7) of the first water supply line group and the water supply lines of the second water supply line group are arranged substantially parallel to one another and/or on a common first circular path or elliptical path (Fig. 5).
With regard to claim 19, the device of Allard discloses the invention as disclosed in the rejection of claim 4 above. Allard further discloses that water can be dispensed in a first direction via the first nozzles and water can be dispensed in a second direction via the second nozzles, wherein the first direction is different from the second direction (Fig. 5 and Par. [0024]).
Claims 1-8, 11-12, and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Allard (WO 2015/003115 A2).
With regard to claim 1, Allard discloses a shower device (Fig. 12A) for producing at least two water jet patterns (multiple nozzle groups 284a/284b as seen in Fig. 14A), wherein the shower device comprises a nozzle arrangement for dispensing water with a first group of nozzles (at 284a) for producing a first water jet pattern and a second group of nozzles (at 284b) for producing a second water jet pattern, a first shower head (284), and a plurality of water supply lines (280/282), via which water can be supplied to the first shower head (284), wherein the first shower head (284) comprises the first group of nozzles (284a) and the second group of nozzles (284b), wherein the first group of nozzles and the second group of nozzles are accommodated in a housing of the first shower head (284), wherein each one of the water supply lines (280/282) extends from a common wall to the first shower head (Fig. 12A) and is designed as supply line and spacing units for supplying water to the first shower head (284) and for spacing and fastening the first shower head in relation to the wall, and wherein the first shower head (284) is held exclusively via the water supply lines (280/282), wherein the supply lines are secured to the wall directly or indirectly (Fig. 12A).
With regard to claim 2, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard further discloses that the water supply lines (280/282) are designed as spatially separated water supply lines (Fig. 12A), which are fastened at a distance from one another to the first shower head or are configured to be fastened at a distance from one another to the wall (Fig. 12A).
With regard to claim 3, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard further discloses that the water supply lines (280/282) are divided into water supply line groups, wherein water can be supplied to the first group of nozzles (284a) via a first water supply line group with at least two water supply lines (270/286a) and can be supplied to the second group of nozzles (284b) via a second water supply line group with at least two water supply lines (271/286b) and wherein the first water supply line group and the second water supply line group are separated from one another in terms of flow (Fig. 12A).
With regard to claim 4, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard further discloses that the first group of nozzles comprises a plurality of first nozzles for dispensing water for the first water jet pattern and the second group of nozzles comprises a plurality of second nozzles for dispensing water for the second water jet pattern (Figs. 12B/C).
With regard to claim 5, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard further discloses that the first shower head (284) comprises a distribution system for distributing water from the water supply lines to the first group of nozzles and second group of nozzles (Fig. 12A), which distribution system comprises a first distribution line (270/286a) for distributing water to the first nozzles (284a) and a second distribution line (271/286b) for distributing water to the second nozzles (284b).
With regard to claim 6, the device of Allard discloses the invention as disclosed in the rejection of claim 5 above. Allard further discloses that the first group of nozzles (284a) comprises a plurality of first nozzle connections, via which the first nozzles are connected in groups to the first distribution line (270/286a), and/or wherein the second group of nozzles (284b) comprises a plurality of second nozzle connections, via which the second nozzles are connected in groups to the second distribution line (271/286b).
With regard to claim 7, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard further discloses that the first shower head (284) comprises a modular main body, which is formed from a plurality of interconnected main body modules (284a/278a/278b/284b as seen in Fig. 12A).
With regard to claim 8, the device of Allard discloses the invention as disclosed in the rejection of claim 5 above. Allard further discloses that the distribution system comprises at least two first supply line connections (294a/286a), through each of which water from a water supply line of the first water supply line group can be supplied to the first distribution line (270), and wherein the distribution system comprises at least two second supply line connections (294b/286b), through each of which water from a water supply line of the second water supply line group can be supplied to the second distribution line (271), wherein the first supply line connections and/or the second supply line connections are formed as part of the main body, in each case as part of a main body module (Fig. 12A).
With regard to claim 11, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard further discloses that shower device comprises a second shower head (276) with a third group of nozzles for producing a third water jet pattern, which shower head comprises at least one third nozzle (Fig. 12A), and a third water supply line group (274) with at least one water supply line, wherein the first shower head (284a/284b) and the second shower head (276) are spaced apart from each other at a shower distance, wherein the water supply lines of the first water supply line group and the second water supply line group space the first shower head and the second shower head apart from each other (Fig. 12A).
With regard to claim 12, the device of Allard discloses the invention as disclosed in the rejection of claim 11 above. Allard further discloses that the shower device comprises a mounting arrangement with a mounting body for mounting on the wall (Fig. 12A) on which the first shower head (284) is arranged via the water supply lines (280/282) of the first water supply line group and the second water supply line group (274) and on which the second shower head (276) is arranged (Fig. 6) .
With regard to claim 14, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard further discloses that a method for producing a water jet pattern with a shower device according to claim 1.
With regard to claim 15, the device of Allard discloses the invention as disclosed in the rejection of claim 14 above. Allard 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 cylindrica (see Figs. 12B/C).
With regard to claim 16, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard further discloses that a shower system with a shower device and a wall to which the shower device is fastened, wherein the shower device is designed according to claim 1 (Fig. 12A).
With regard to claim 17, the device of Allard discloses the invention as disclosed in the rejection of claim 2 above. Allard further discloses that the water supply lines (280/282) are arranged substantially parallel to one another and/or on a common first circular path or elliptical path (Fig. 12A).
With regard to claim 18, the device of Allard discloses the invention as disclosed in the rejection of claim 3 above. Allard further discloses that the water supply lines (280/282) of the first water supply line group and the water supply lines of the second water supply line group are arranged substantially parallel to one another and/or on a common first circular path or elliptical path (Fig. 12A).
With regard to claim 19, the device of Allard discloses the invention as disclosed in the rejection of claim 4 above. Allard further discloses that water can be dispensed in a first direction via the first nozzles and water can be dispensed in a second direction via the second nozzles, wherein the first direction is different from the second direction (Figs. 12B/C and Par. [00112]).
20. (Previously Presented) The shower device according to claim 19, wherein the first direction is different from the second direction by at least 30° (Figs. 12B/C and Par. [00112]).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Allard.
With regard to claim 10, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard further discloses that the first shower head (284) comprises a jet passage opening (Fig. 12A), which is surrounded by the housing, wherein water from the second group of nozzles passes through the jet passage opening in the shower mode (as taught in the different embodiment as seen in Figs. 2A and 12C).
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 shower device of Allard, by incorporating the nozzle arrangement as taught in the embodiment (Fig. 2A and 12C), doing it would provide a different spraying pattern to please the user.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Qin in view of Delepine (US 5,060,322).
With regard to claim 13, the device of Qin discloses the invention as disclosed in the rejection of claim 1 above. Qin does not disclose that the shower device comprises an illumination arrangement for illuminating at least one of the water jet patterns by light with at least one light source.
Delepine teaches a shower device comprises an illumination arrangement (16) for illuminating at least one of the water jet patterns by light with at least one light source.
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 shower device of Qin, by incorporating the illumination arrangement (16) as taught by Delepine, for the benefit of providing a genuine aesthetic effect when the water, derived from the inlet pipe and in transit in the cavity, is projected in the form of a plurality of fine pressurized squirts through the orifices (Col. 3 line 66 – Col. 4 line 2).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Allard in view of Delepine (US 5,060,322).
With regard to claim 13, the device of Allard discloses the invention as disclosed in the rejection of claim 1 above. Allard does not disclose that the shower device comprises an illumination arrangement for illuminating at least one of the water jet patterns by light with at least one light source.
Delepine teaches a shower device comprises an illumination arrangement (16) for illuminating at least one of the water jet patterns by light with at least one light source.
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 shower device of Allard, by incorporating the illumination arrangement (16) as taught by Delepine, for the benefit of providing a genuine aesthetic effect when the water, derived from the inlet pipe and in transit in the cavity, is projected in the form of a plurality of fine pressurized squirts through the orifices (Col. 3 line 66 – Col. 4 line 2).
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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JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/Primary Examiner, Art Unit 3752
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