DETAILED ACTION
This is a final rejection in response to amendments filed 1/14/24. Claims 1-18 are currently pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 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 Rejections - 35 USC § 102
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.
Claim(s) 1 and 5-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. US 2023/0311135.
Regarding independent claim 1, Liu teaches a handheld showerhead, comprising:
a water passing component, a first water outlet component, a second water outlet component, and a switching component; wherein
the water passing component comprises a first body 1 having a water inlet end, a water outlet end, a first channel located between the water inlet end and the water outlet end, and a first cavity located on the water outlet end [0029]; the water passing component further comprises a second body 2 located in the first cavity and connected to the water outlet end [0030]; the second body 2 comprises a first water passing channel 22 connecting to the second water outlet component, and a second water passing channel 21 connecting to the first water outlet component;
the water passing component further comprises an upper component located near the second body, a lower component located farther from the second body relative to the upper component and fixed on the upper component, and a water separating element [0030-0031]; the upper component comprises a third opening 31 connected to the second water passing channel, the lower component comprises a fourth opening 3331 connected to the third opening, and a first cylinder 334; the water separating element comprises an installing hole 23 for accommodating the first cylinder and a plurality of water separating holes uniformly distributed on an arc centered of the axis of the installing hole (see fig. 3); the switching component comprises a handle 3342 fixed on the first cylinder;
wherein the lower component and the upper component are combined to form a rotatable switching element [0031], the first cylinder of the lower component is rotatably disposed in the installing hole of the water separating element, and the handle is configured to drive the rotatable water switching element to rotate relative to the water separating element, the first water outlet component and the second body to switch between the plurality of water separating holes [0031,0036].
Regarding dependent claim 5, Liu teaches wherein a distance between an axis of the fourth opening and an axis of the first cylinder is equal to a distance between an axis of the installing hole and an axis of the water separating holes [0031].
Regarding dependent claim 6, Liu teaches wherein the lower component further comprises a second cylinder located on a side of the lower component (see fig. 3, [0031]); the second cylinder comprises a cylindrical cavity located on a surface away from the upper component (water outlet panel assembly 33 with internal chambers [0031]); an axis of the first cylinder, an axis of the forth opening, and an axis of the cylindrical cavity are located on the same straight line [0031]; the lower component comprises a movable element 416 located in the cylindrical cavity; the movable element comprises a movable pillar 416 and a spring 417 sleeved on an end of the movable pillar [0032];the spring is located between the cylindrical cavity and the movable pillar [0032], and pushes the movable pillar towards the water separating element [0032]; the water separating element further comprises a plurality of positioning hole corresponding to the water separating holes respectively [0031]; an axis of the positioning hole, an axis of the water separating holes, and an axis of the installing hole are located on the same straight line [0031,0036].
Regarding dependent claim 7, Liu teaches wherein the second body comprises a switching hole located at the intersection of the first water passing channel and the second water passing channel [0032], and a switching valves 416 further locates at the switching hole 4141 [0032]; the first body 1 and further comprises a first opening corresponding to the switching hole [0032], and the switching valves protrudes through the first opening of the first body and connects to a button [0032].
Regarding dependent claim 8-9, Liu teaches wherein, the lower component 33 further comprises a containment groove located on a surface of the lower component away from the upper component (3331, [0031]), the containment groove is connected with the fourth opening [0031]; an irregular sealing pad 323, is located in the containment groove, a shape of the irregular sealing pad fits with a shape of the containment groove [0032-0033]; and, wherein the irregular sealing pad is a circular arc structure with lower sides and higher middle [0029-0030], and has a fifth opening corresponding to the forth opening (there are multiple openings 3331,31,3341,3343,23, 0031]).
Regarding dependent claim 10, Liu further teaches wherein the handheld showerhead comprises a filtering component 323 located in the water passing component.
Claim Rejections - 35 USC § 103
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(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu.
Regarding dependent claim 2 and 4, Liu teaches the invention as claimed and discussed above. Liu shows the distance between adjacent water separating holes is small but is silent to wherein a distance between adjacent two water separating holes ranges from 1.2mm-2.5mm or 4.5mm-6mm.
Examiner notes that it has been held where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); MPEP 2144.04(IV)(A).
Regarding dependent claim 3, Liu teaches the invention as claimed and discussed above. While Liu does not explicitly teach the angular spacing between holes, based on the drawing below, one can assume with consistent spacing 10-12 holes could be added at most. Based on that information, the spacing between the holes is between 30 to 40 degrees.
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Claim(s) 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Genord et al. US 2009/0007330.
Regarding independent claim 11, Liu teaches a showerhead assembly, comprising:
a handheld showerhead; the handheld showerhead, comprising:
a water passing component, a first water outlet component, a second water outlet component, and a switching component;
the water passing component comprises a first body 1 having a water inlet end, a water outlet end, a first channel located between the water inlet end and the water outlet end, and a first cavity located on the water outlet end [0029];
the water passing component further comprises a second body 2 located in the first cavity and connected to the water outlet end [0030];
the second body 2 comprises a first water passing channel 22 connecting to the second water outlet component, and a second water passing channel 21 connecting to the first water outlet component;
the water passing component further comprises an upper component located near the second body, a lower component located farther from the second body relative to the upper component and fixed on the upper component, and a water separating element [0030-0031];
the upper component comprises a third opening 31 connected to the second water passing channel, the lower component comprises a fourth opening 3331 connected to the third opening, and a first cylinder 334;
the water separating element comprises an installing hole 23 for accommodating the first cylinder and a plurality of water separating holes uniformly distributed on an arc centered of the axis of the installing hole (see fig. 3);
the switching component comprises a handle 3342 fixed on the first cylinder.
Liu fails to teach a top spray showerhead, wherein the top spray showerhead comprises a storage groove for accommodating the handheld showerhead without additional socket.
Genord teaches it was known to have a top spray showerhead with a storage groove for accommodating the handheld showerhead without additional socket [0027-0030].
It would have been obvious to one of ordinary skill at the time of filing to provide Liu with the top spray showerhead of Genord, as Genord teaches a more secure connection, and one that is simple, easy to install and clean [0005].
Regarding dependent claim 12, Liu in view of Genord teaches the invention as claimed and discussed above. Genord further teaches wherein the top spray showerhead 218 comprises a water outlet panel, a water passing unit located in the water outlet panel, a top cover covered on the water outlet panel (see figures 4A-5B), a switching member 264 located on a side of the water outlet panel [0037]; the water passing unit comprises a water outlet path, a water inlet member and a water passing member located in the water outlet path; the top cover comprises a first through-hole, and the water inlet member protrudes through the first through-hole [0034].
Regarding dependent claim 13, Liu in view of Genord teaches the invention as claimed and discussed above. Genord further teaches wherein the top spray showerhead further comprises a positioning assembly located a surface of the storage groove, to enable the handheld showerhead to be stably installed in the storage groove [0036].
Regarding dependent claim 14, Liu in view of Genord teaches the invention as claimed and discussed above. Genord further teaches wherein a surface of the water outlet panel is 1.5-3 times greater than a surface of the first water outlet component (see fig. 2B and 5B).
Regarding dependent claim 15, Liu in view of Genord teaches the invention as claimed and discussed above. Genord further teaches wherein the surface of the water outlet panel and the surface of the first water outlet component are located on the same plane (fig. 3A).
Regarding dependent claim 16, Liu in view of Genord teaches the invention as claimed and discussed above. Genord further teaches wherein the surface of the first water outlet component are lower than the surface of the water outlet panel. As seen in figure 2A and 3A of Genord, the surfaces of the first water outlet component and the water outlet panel are curved. Therefore, it is possible to select a portion of the first water outlet component that is located lower than the surface of the water outlet panel at a raised area.
Regarding dependent claim 17, Liu in view of Genord teaches the invention as claimed and discussed above. Genord further teaches wherein the positioning assembly further comprises a plurality of elastic blocks 262 scattered located on the surface of the storage groove.
Regarding dependent claim 18, Liu in view of Genord teaches the invention as claimed and discussed above. Genord further teaches wherein the showerhead assembly further comprises a flexible pipe 121 connected between the water passing member and the handheld showerhead, and provides the water to the handheld showerhead [0027].
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 CRAIG SANG KIM whose telephone number is (571)270-1418. The examiner can normally be reached 7:00 AM - 3:00 PM.
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/CRAIG KIM/
Primary Examiner
Art Unit 3741