DETAILED ACTION
Claim Rejections - 35 USC § 102/103
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.
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) 1-2 and 4-11 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Nagata (EP 1672129) or, in the alternative, under 35 U.S.C. 103 as obvious over modified Nagata.
Regarding claims 1 and 4, Nagata discloses an aerator, comprising
a tubular shell (401, 420) and an inner container (28C, 32);
an inner wall of the tubular shell being provided with through slots (404) disposed to pass through the tubular shell along an axial direction of the inner wall (Figure 21), the through slots being arranged at intervals (the slots are arranged at intervals between the protruding portions of the serration); and
an outer wall (54c) of the inner container being integrally formed with limiting ribs (405) and a convex lip (Examiner’s Annotated Figure 2) (The interior protruding lip of 54c is convex relative to a central axis of the device), the limiting ribs being distributed along an axial direction of the inner container (Figure 21) and being matched with the through slots (Paragraph 123), and the convex lip being located on a water outlet end of the inner container (Examiner’s Annotated Figure 2) and being pressed against end surfaces in an axial direction of the tubular shell (The lip is pressed against the end surfaces of the tube member in an axial direction of the tubular shell); and
each of the limiting ribs provided with at least two first guide slopes symmetrically disposed along the axial direction of the inner container, and the first guide slopes being gradually protruded from a water inlet end to the water outlet end of the inner container (Examiner’s Annotated Figure 1, The upper portion of the protrusions include a triangular shape that protrudes from the inlet end toward the outlet end. The triangular shape includes two edges (first guide slopes) that meet at a point); and
As to claim 4, the aerator according to claim 1, wherein each of the limiting ribs is provided with at least two second guide slopes symmetrically disposed along the axial direction of the inner container, the second guide slopes and the first guide slopes are symmetrically disposed along a radial direction of the inner container, and the second guide slopes are gradually protruded from the water outlet end to the water inlet end of the inner container (Examiner’s Annotated Figure 1, the lower portion of the protrusions include a triangular shape that protrudes from the outlet end toward the inlet end. The triangular shape includes two edges (second guide slopes) that meet at a point).
Should it be found that the first and/or second guide slopes do not protrude downstream and/or upstream, Figure 8C discloses a limiting rib (86) that includes an upper and lower surface that is filleted to protrude downstream and upstream respectively.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nagata to include the upper and lower edges of the protrusions being filleted, thereby providing the guide slopes to protrude in a downstream and upstream direction, as claimed, as the shapes were known in the art before the effective filing date of the claimed invention, and the modification would have yielded predictable results, including cooperation between the inner container and shell, to ensure proper security of the spray head.
Regarding claim 2, Nagata alone or as modified discloses the aerator according to claim 1, wherein the limiting ribs are in transition or interference fit with the through slots (transition fit).
Regarding claim 5, Nagata alone, or as modified discloses the aerator according to claim 4, wherein the first guide slopes are in smooth transition connection with the second guide slopes by connecting surfaces (Examiner’s Annotated Figure 1), and the connecting surfaces are pressed against circumferential inner walls of the through slots (Figure 20).
Regarding claim 6, Nagata alone or as modified discloses the aerator according to claim 1, wherein the convex lip (54) is an annular convex lip (Figure 21).
Regarding claim 7, Nagata alone or as modified discloses the aerator according to claim 1, wherein the convex lip comprises at least two limiting bodies uniformly distributed on a circumferential outer wall of the inner container (The threading includes more than two notches).
Regarding claim 8, Nagata alone or as modified discloses the aerator according to claim 1, wherein each of the water inlet end and the water outlet end of the inner container is provided with the convex lip (Each end is provided with threading).
Regarding claim 9, Nagata alone or as modified discloses the aerator according to claim 1, wherein the inner container comprises a water inlet body (32) and a water outlet body (28C) coaxial with the water inlet body (Figure 20), the water inlet body is detachably connected to the water outlet body (The elements are detachable by nature), and an outer wall of each of the water inlet body and the water outlet body is provided with the convex lip (Each of the outer walls is provided with threading).
Regarding claim 10, Nagata alone or as modified discloses the aerator according to claim 8, wherein a gap is formed between at least one of the convex lips and one of the end surfaces in the axial direction of the tubular shell (Examiner’s Annotated Figure 1).
Regarding claim 11, Nagata alone or as modified discloses the aerator according to claim 9, wherein a gap is formed between at least one of the convex lips and one of the end surfaces in the axial direction of the tubular shell (Examiner’s Annotated Figure 1).
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Examiner’s Annotated Figure 1
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Examiner’s Annotated Figure 2
Response to Arguments
Applicant's arguments filed 10/27/2025 have been fully considered but they are not persuasive.
As to Applicant’s position that the slots of Nagata are not formed at intervals, Examiner disagrees. The slots are spaced by intervening protruding surfaces.
As to Applicant’s position regarding the claim language stating that the convex lip presses against the axial end surface of the tubular shell, Examiner disagrees. The claim language states that the lip is pressed against end surfaces in an axial direction of the tubular shell. The limitation provides end surfaces extending in an axial direction, but does not put forth the end surfaces as part of the tubular shell. Examiner recommends amending limitations to read “in an axial direction against end surfaces of the tubular shell.”
Applicant’s remaining arguments with respect to the convex lip have been considered but are moot because the new ground of rejection does not rely on any matter specifically challenged in the argument.
As to Applicant’s position that Nagata fails to disclose the guide slopes being gradually protruded, each of the slopes gradually increase from the exterior portion of the triangle to their central connecting point. Additionally, the orientation of the slope appears to extend in a downstream direction. Should it be found that this structure is not put forth, the chamfers are surfaces and are capable of performing a guiding function. Applicant puts forth no structure that specifies a structural distinction of the guiding surface.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752