ouDETAILED 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 .
This is the first Office action responsive to application 18424928 filed 1/29/2024. Claims 1-16 are pending.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “showerhead assembly further comprises a first assembly comprising a second fixing element corresponding to the first fixing element and a water outlet element, wherein the second fixing element is located on the water outlet element, and the first fixing element and the second fixing element matches with each other to make the handheld showerhead be installed on the water outlet element, or be removed from the water outlet element” (claim 8) in combination with the “third fixing element, wherein the first fixing element and the third fixing element matches with each other to make the third fixing element be installed in the through hole of the first main body, or be removed from the through hole of the first main body” (recited in claim 1). must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings (Fig. 2) are objected to because the lead line for reference numeral 2 is pointing in the wrong direction (pointing to the reference numeral as opposed to pointing to the depicted apparatus).
The drawings (Figs. 1-10) are objected to, in accordance with 37 CFR 1.84(l), because the weight, density, and darkness of all lines and letters (dashed lines, solid lines, and text within and outside of shaded areas) are not heavy enough to permit adequate reproduction.
In accordance with 37 C.F.R. 1.84(k), the drawings (Figs. 1-4) are objected to because the scale is not large enough to show the mechanism without crowding when the drawing is reduced in size to two-thirds in reproduction. The structural details of the depicted components in the drawings are not clear enough, in part based on the small size and in part based on the lack of appropriate line weight in the drawings. Fig. 4 is especially difficult to understand with all components assembled and depicted with very thin, somewhat blurry lines and very small size. It is unclear how the components, shown in Figs. 1-3, are actually assembled as shown in Fig. 4.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-16 are objected to because of the following informalities:
Regarding Claim 1:
The recitation “matches” (l. 6) is believed to be in error for - - match - -.
Regarding Claims 2-16:
The recitations “The water supply shower body” are believed to be in error for - - The showerhead assembly - -.
Regarding Claim 3:
The recitation “the at least one accessory is selected from a group of a massager… dispenser, and “ is believed to be in error for - - the at least one accessory is one of a massager… dispenser, or - -.
Regarding Claim 7:
The recitation “regular shapes or irregular shapes” is believed to be in error for - - a regular shape or an irregular shape - -.
Regarding Claim 8:
The recitation “matches” (l. 4) is believed to be in error for - - match - -.
Regarding Claim 9:
The recitation “is corresponding” (l. 3) is believed to be in error for - - corresponds - -.
Regarding Claim 10:
The recitation “round” (l. 4) is believed to be in error for - - about - -.
Regarding Claim 15:
The recitation “matches” (l. 2) is believed to be in error for - - match - -.
Regarding Claim 16:
The recitation “the water outlet element and the handheld showerhead is located on a same water outlet surface” is believed to be in error for - - the water outlet element and the handheld showerhead each define respective portions of the water outlet surface - -.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 8-16 are rejected under 35 U.S.C. 112(a).
Regarding Dependent Claim 8, the specification, while being enabling for “the first fixing element and the third fixing element matches with each other to make the third fixing element be installed in the through hole of the first main body… at least one accessory fixed in the through hole by the third fixing element” (recited in claim 1) and “the first fixing element and the second fixing element matches with each other to make the handheld showerhead be installed on the water outlet element” (claim 8) taken separately, does not reasonably provide enablement for “the first fixing element and the third fixing element matches with each other to make the third fixing element be installed in the through hole of the first main body” (recited in claim 1) and “the first fixing element and the second fixing element matches with each other to make the handheld showerhead be installed on the water outlet element” (claim 8) simultaneously. In other words, Applicant’s originally-filed specification is enabling for the accessory (Fig. 1, element 32a/b) being affixed to the handheld showerhead (1) or the handheld showerhead (1) being affixed to the first assembly (2), but the specification is not enabling for accessory (32a/b) to be affixed to the handheld showerhead (1) at the same time the handheld showerhead (1) is affixed to the first assembly (2). The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make or use the invention commensurate in scope with these claims. Applicant’s specification states “[t]he at least one accessory can be fixed in the through hole 111 of the first main body 11, when the handheld showerhead 1 separates from the first assembly 2” (para. [0042]). Applicant’s claim 1 positively recites the at least one accessory “fixed in the through hole by the third fixing element,” which requires the third fixing element to be installed in the through hole via installation of the third fixing element to the first fixing element. Applicant’s drawings show the third fixing element (31) as being a solid disk with a first buckle connecting part (311) projecting therefrom, with the third fixing element (31) intended to match with the first fixing element (12) (see Fig. 3). Applicant’s drawings also show the second fixing element (21) as being a ring intended to affix the first assembly (2) with the handheld showerhead (1) via the first fixing element (12) (see Fig. 1). The drawings don’t appear to show the third fixing element (31) and the second fixing element (21) both affixed to the first fixing element (12) simultaneously, though the drawings are not depicted with the appropriate size and line density to clearly see how Applicant intends the components to be fully assembled (Figs. 1 & 3 show the third fixing element 31 and the first assembly 2 with separate lines indicating how they are assembled to the handheld massager 1, though Fig. 4 shows the first assembly 2 affixed to the handheld showerhead 1 and it is unclear whether it is possible for the third fixing element 31 to be contained somewhere in the assembly of Fig. 4, especially given that the accessory 32b is shown aligning with the handheld showerhead 1 as though it is to be assembled thereto). Also note that Applicant’s Fig. 2 place the second fixing element (21) between the third fixing element (31) and the handheld showerhead (1) in the assembly, suggesting that these are assembled together, whereas Applicant’s other figures do not show this arrangement (Figs. 1 & 3 show the third fixing element 31 and second fixing element 21 distanced from the handheld showerhead 1 as though they are to be separately installed).
It is also noted that claim 8 does not expressly recite that the third fixing element and the second fixing element are installed on the first fixing element simultaneously, but the scope of claim 8 provides for that possibility (i.e. the recitations “installed” and “or be removed from” in claim 1 and claim 8 with respect to the first and third fixing elements and the first and second fixing elements, respectively, are not recited to make the installation or removal of one of the second and third fixing elements to/from the first fixing element contingent upon the installation status of the other of the second and third fixing elements relative to the first fixing element).
The factors as set forth in In Re Wands have been considered as follows:
Factor (A) -- Breadth of claims: The claims are directed to a showerhead assembly with elements for connecting components thereof. This is neutral with regard to enablement.
Factor (B) -- The nature of the invention: The invention is directed to improvements to showerhead assemblies to permit an accessory to be mounted to the showerhead as desired. This is neutral with regard to enablement.
Factor (C) – The state of the prior art: Showerhead assemblies were known, including showerhead assemblies with accessories attached thereto. This is neutral with regard to enablement.
Factor (D) – The level of ordinary skill in the art: The level of ordinary skill in the art is considered to be a working engineer with at least a Bachelor's Degree. This factor is considered neutral in regards to enablement.
Factor (E) – The level of predictability of the art: The level of predictability in the art is considered high as showerheads are well known, widely used, and modifications seeking improvements to them do not require extensive budgets or time, for the most part, for research and testing. This weighs against enablement.
Factor (F) – The amount of direction provided by the inventor needed: The inventor has provided no guidance concerning the first fixing element being installed to both the second fixing element and the third fixing element simultaneously. This weighs against enablement.
Factor (G) – The existence of working examples: Applicant’s third fixing element is a disc which would block the recited through hole in the main body whereas the second fixing element is for attaching an assembly that extends through the through hole in the main body. There are no known working examples of this. This weighs against enablement.
Factor (H) – The quantity of experimentation needed to make or use the invention based on the content of the disclosure: The quantity of experimentation is considered unreasonably high given the lack of direction by the inventor and the level of predictability in the art. This factor weighs against enablement.
In consideration of the above factors, while claim 8 is found to be enabled for non-simultaneous installation of the first fixing element with the second and third fixing elements, claim 8 is found to be non-enabled for simultaneous installation of the first fixing element with the second and third fixing elements. Applicant can obviate this rejection by reciting that the installation of one of the third fixing element or the second fixing element to the first fixing element is contingent upon the removal of the other of the third fixing element or the second fixing element from the first fixing element (or any other equivalent limitation reflecting the limitation of scope disclosed by Applicant at para. [0042]).
Dependent Claims 9-16 are rejected under 35 U.S.C. 112(a) for their dependence from claim 8.
Claims 4 & 8-16 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding Dependent Claim 4, the recitation “a back surface of the first main body” is vague and indefinite because it is unclear whether this is the same as the back surface of the first main body recited in claim 1 at lines 3-4.
Regarding Dependent Claim 8, the recitation “the first fixing element and the second fixing element matches with each other to make the handheld showerhead be installed on the water outlet element” in combination with “the first fixing element and the third fixing element matches with each other to make the third fixing element be installed in the through hole of the first main body… at least one accessory fixed in the through hole by the third fixing element” (recited in claim 1) is vague and indefinite because it is unclear whether the claim requires or permits the first fixing element to be installed to the second fixing element and the third fixing element at the same time or whether the first fixing element can only be installed to one of the second fixing element or the third fixing element at a time. Applicant’s specification states “[t]he at least one accessory can be fixed in the through hole 111 of the first main body 11, when the handheld showerhead 1 separates from the first assembly 2” (para. [0042]). Applicant’s drawings show the third fixing element (31) as being a solid disk with a first buckle connecting part (311) projecting therefrom, with the third fixing element (31) intended to match with the first fixing element (12) (see Fig. 3). Applicant’s drawings also show the second fixing element (21) as being a ring intended to affix the first assembly (2) with the handheld showerhead (1) via the first fixing element (12) (see Fig. 1). The drawings don’t appear to show the third fixing element (31) and the second fixing element (21) both affixed to the first fixing element (12) simultaneously, though the drawings are not depicted with the appropriate size and line density to clearly see how Applicant intends the components to be fully assembled (Figs. 1 & 3 show the third fixing element 31 and the first assembly 2 with separate lines indicating how they are assembled to the handheld massager 1, though Fig. 4 shows the first assembly 2 affixed to the handheld showerhead 1 and it is unclear whether it is possible for the third fixing element 31 to be contained somewhere in the assembly of Fig. 4, especially given that the accessory 32b is shown aligning with the handheld showerhead 1 as though it is to be assembled thereto). Also note that Applicant’s Fig. 2 place the second fixing element (21) between the third fixing element (31) and the handheld showerhead (1) in the assembly, suggesting that these are assembled together, whereas Applicant’s other figures do not show this arrangement (Figs. 1 & 3 show the third fixing element 31 and second fixing element 21 distanced from the handheld showerhead 1 as though they are to be separately installed).
Dependent Claims 9-16 are rejected under 35 U.S.C. 112(b) for their dependence from claim 8.
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.
Claims 1-2, 4, & 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu 20210211792.
Regarding Independent Claim 1, Liu teaches a showerhead assembly (Figs. 27-32), comprising:
a handheld showerhead (600) comprising a first main body (614/642) and a first fixing element (628), wherein the first main body comprises a through hole (see Fig. 30, through hole in which accessory 200 is positioned), the first main body comprises a water outlet surface (646) and a back surface (back surface of 614) opposite to the water outlet surface, and the through hole penetrating through the water outlet surface and the back surface (through hole extends through 646 and the back surface of 214 as shown by the positioning of accessory 200 therethrough in Fig. 30);
a third fixing element (208), wherein the first fixing element and the third fixing element matches with each other to make the third fixing element be installed in the through hole of the first main body (see Fig. 30, fixing elements 628 and 208 match with each other such that 208 is installed in the through hole discussed above), or be removed from the through hole of the first main body (208 can be removed from the through hole when 200 is removed; para. [0114]); and
at least one accessory (200) fixed in the through hole by the third fixing element (by 208) and protruding out of the water outlet surface (200 protrudes outward relative to 646).
Regarding Dependent Claim 2, Liu further teaches the first fixing element and the third fixing element matches with each other to form a first magnetic attraction structure (paras. [0097] & [0120]).
Regarding Dependent Claim 4, Liu further teaches the first fixing element is located on a back surface of the first main body or a wall surface of the through hole (628 located on wall surface of the through hole, see Fig. 30).
Regarding Dependent Claim 7, Liu further teaches a shape of the through hole is round, square, regular shapes or irregular shapes (the through hole shape is substantially round, see Fig. 31).
Claims 1-4 & 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Woodard 20160287034.
Regarding Independent Claim 1, Woodard teaches a showerhead assembly (Fig. 2A), comprising:
a handheld showerhead (20A-20B) comprising a first main body (all of Fig. 20A except 810/970/972/976/978) and a first fixing element (884), wherein the first main body comprises a through hole (hole through 822/874, note that 874 is mislabeled as 894 in Fig. 20A, but see ends 900 and 898 and compare with Fig. 24A with 900 and 878 as part of 874), the first main body comprises a water outlet surface (surface at 812; para. [0119]) and a back surface opposite to the water outlet surface (back surface of 822), and the through hole penetrating through the water outlet surface and the back surface (hole through 822/874 penetrates the water outlet surface defined along 812 and the back surface of 822);
a third fixing element (978), wherein the first fixing element and the third fixing element matches with each other to make the third fixing element be installed in the through hole of the first main body (884 and 978 match each other to make 884 be installed in the hole through 822/874), or be removed from the through hole of the first main body (978 can be removed from the hole through 822/874 by decoupling 884 and 978; para. [0162]); and
at least one accessory (810/970/972/976/978) fixed in the through hole by the third fixing element (fixed in the hole through 822/874 via 978) and protruding out of the water outlet surface (protrudes out of the surface defined along 812).
Regarding Dependent Claim 2, Woodard further teaches the first fixing element and the third fixing element matches with each other to form a first magnetic attraction structure (para. [0162]).
Regarding Dependent Claim 3, Woodard further teaches the at least one accessory is selected from a group of a massager (para. [0159]), a comb, a soap dispenser, and a perfume brush.
Regarding Dependent Claim 4, Woodard further teaches the first fixing element is located on a back surface of the first main body or a wall surface of the through hole (884 is located on a wall of the hole through 822/874).
Regarding Dependent Claim 7, Woodard further teaches a shape of the through hole is round, square, regular shapes or irregular shapes (Fig. 24A, hole through 874 includes a round shape as shown at end 900).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Woodard, as applied to claim 1 above, and further in view of Li 20250135474.
Regarding Dependent Claim 5, Woodard teaches the invention as claimed and as discussed above for claim 1, but Woodard fails to teach the third fixing element further comprises a first buckle connecting part protruding out of a surface, and the at least one accessory comprises a second buckle connecting part corresponding to the first buckle connecting part.
Li teaches a handheld showerhead (Fig. 11) with an accessory (brush 3000) attached, the showerhead having a first fixing element with a first buckle connecting part protruding out of a surface (Fig. 12B, buckle connecting part 2003 with buckle 2024 protruding out of a surface), and the at least one accessory comprises a second buckle connecting part corresponding to the first buckle connecting part (brush head provided with a limiting groove and clamping hole 3006 into which the buckle 2024 is inserted and matched; para. [0068]). Li further teaches the buckle connection can be used in combination with magnets (para. [0070]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Woodard’s showerhead assembly such that the third fixing element further comprises a first buckle connecting part protruding out of a surface, and the at least one accessory comprises a second buckle connecting part corresponding to the first buckle connecting part, as taught by Li, in order to make the brush head easy to install and disassemble and to ensure the stable connection with the buckle connection (Li; paras. [0068] & [0070]). The proposed modification of Woodard with Li results in the shape of the fixing elements taught by Woodard being modified to accommodate Li’s buckles. Note that Li’s buckle/magnet fixing elements are intended for the same use as Woodard’s fixing elements (i.e. to be used to removably connect a rotating brush to a showerhead).
Allowable Subject Matter
Claim 6 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Dependent Claim 6, the prior art fails to teach, in combination with the remaining limitations of the claim, a length of the first buckle connecting part along an axis of the first buckle connecting part is longer than or equal to a length of the through hole along an axis of the through hole.
The closest prior art is Woodard and Li above, which teach the fixing elements including the buckle connecting parts. Given that the through hole taught by Woodard includes the first fixing element inside the through hole, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Woodard in view of Li to arrive at the claimed length because that would require the buckle connecting part to pass through the first fixing element magnet in Woodard and extend to the front of the handheld showerhead at the surface at 812, potentially disrupting Woodard’s magnetic connection and modifying the remainder of the brush structure in a nonsensical way (i.e. modifying 970 to define buckle structure rather than forming a bristle base; Woodard, para. [0158]). It is also noted that the recitation is not a mere change in dimensions, rather the recited length is directly related to Applicant’s disclosed aim of ensuring the accessory can be installed and removed easily (Applicant’s specification at para. [0043]).
Examiner Comment
While claims 8-16 are not rejected over prior art, allowable subject matter is not indicated above given the rejection of claim 8 under 35 U.S.C. 112(a). It is noted, however, that should Applicant amend the claims to obviate the rejections under 35 U.S.C. 112(a) by limiting the scope of the claims to that which is enabled by Applicant’s originally-filed disclosure, the current rejection under 35 U.S.C. 112(b) would also be overcome and claim 8 would be allowable. The prior art fails to teach, in combination with the other limitations of claim 8, a second fixing element corresponding to the first fixing element and a water outlet element, wherein the second fixing element is located on the water outlet element, and the first fixing element and the second fixing element matches with each other to make the handheld showerhead by installed on the water outlet element, or be removed from the water outlet element under the condition that, per Applicant’s specification at para. [0042], the handheld showerhead cannot be simultaneously connected to both the accessory and the first assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT J WALTHOUR whose telephone number is (571)272-4999. The examiner can normally be reached Monday-Friday, 10 a.m.-6 p.m. Eastern.
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/SCOTT J WALTHOUR/Primary Examiner, Art Unit 3741