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 .
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the portion of the pressurized water" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recite the limitation “the supply flow rate is approximately between 0.8 and 2.0 gallons per minute”. Claim 13 recite the limitation “the supply flow rate of the pressurized water is approximately 1.2 gallons per minute”. Claim 14 recites the limitation “the total flow rate is approximately between 1.2 and 4.5 gallons per minute”. Claim 15 recites the limitation “the total flow rate is approximately 3 gallons per minute”
Claim 16 recites the limitation “wherein the flow ratio is between approximately 1.2 and 4”. Claim 17 recites the limitation “the flow ratio is approximately 3.5”. These claims include the limitation “approximately”. The specification does not provide an adequate definition of what constitutes "approximately." For example, it is +/- 0.1%, 1%, 10%, etc.? Because the specification does not give a clear indication of what falls under the umbrella of "approximately" the scope of the claims is indefinite.
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) 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henkin et al (US Patent 5,309,582 herein after Henkin).
Regarding Claim 18, Henkin shows a method of recirculating bathing water comprising: providing a venturi pump (84; column 4 lines 33-54) with an inlet (86) capable of receiving pressurized water (from pipe 30), an intake (98) capable of drawing water from a reservoir of bathing water into the flow of pressurized water passing through the venturi pump (column 5 lines 1-9), and an outlet (96) capable of expelling a combination of mixed water and reservoir water from the venturi pump (column 5 lines 1-10).
Regarding Claim 19, Henkin shows the method of claim 18 further comprising providing a showerhead fixture (68) comprising a recirculation portion (124) to be fluidly connected downstream from the outlet of the venturi pump (Fig.1), out of which water expelled from the venturi pump can be expelled in a shower (column 5 lines 25-30).
Regarding Claim 20, Henkin shows the method of claim 18 further comprising providing a diverter (41) to be upstream from the inlet of the venturi pump (Fig. 1a) which is capable of receiving pressurized water and selectively diverting the pressurized water between two outlets (32,68) one of which outlets (68) is to be fluidly connected to the inlet of the venturi pump (Fig.1).
Allowable Subject Matter
Claims 1-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the combination including limitation the base including a venturi pump receiving the at least a portion of the pressurized water at its inlet and drawing water from around the base on the shower floor through an intake in the base and whereby, in operation, the portion of the pressurized water and the venturi pump are used to draw water from the shower floor and thus mix the drawn water with the at least a portion of pressurized water, to thereby produce an increased volume of water expelled through the showerhead jets in the invention as claimed is neither disclosed nor rendered obvious by the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Freedman (US Patent 4,934,000) teaches a shower head that includes shower head (18) and a diverter (24) and a second inlet (26) for received recirculated water, a base (14) having an inlet (Fig.3) and an outlet (28; Fig.3). The system fails to show a venturi pump located in the base and the pump being used to draw water from the shower floor to mix with drawn water from the pressurized water source to thereby increase the volume of water expelled through the showerhead.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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/LAUREN A CRANE/ Primary Examiner, Art Unit 3754