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 .
Election/Restrictions
Claims 6-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species and sub-species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/12/2026.
Applicant’s election without traverse of Species A drawn to Figs. 1-9 and Sub-species A1 drawn to Figs. 2-5 in the reply filed on 01/12/2026 is acknowledged.
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 - 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yada et al. JP 2002238793, citations are per English translation provided by Applicant with IDS filed 01/07/2026.
Regarding independent claim 1, Yada teaches a shower device (1 Fig. 1) fixed to enable a user to be showered from above with shower spouting water (as seen in Fig. 5, shower device 1 is fixed above user which enables user to be showered with spouting water streams), the shower device comprising:
a shower head main body (2 Fig. 1); and
a plurality of nozzle units (nozzle ports 6, i.e., nozzle units, in Fig. 1) provided in the shower head main body at intervals (as seen in Fig. 1, nozzle units 6 are provided in 2 at intervals) so as to form the shower spouting water surrounding a head of the user standing below the shower head main body (as shown in Fig. 5, nozzle units 6 provided in shower head main body 2 are capable of forming shower spouting water surrounding a head of the user standing below the shower head main body), wherein
each of the nozzle units is configured so that the spouted water falls while spreading downward (as shown in Fig. 1, each of nozzle units 6 is configured so that spouted water falls in a downward direction from shower head main body 2 while a spouted water stream falling from each 6 widens as the spouted water stream falls, i.e., spouted water falls downward while spreading).
Regarding claim 2, Yada further teaches each of the nozzle units is configured so that the spouted water joins with each other at a position falling a predetermined distance from each of the nozzle units (as seen in Fig. 1, spouted water from each of nozzle units 6 falls downward and spreads and joins with spouted water from adjacent nozzle units 6 at a position labeled in annotated Fig. 1 in the downward direction from shower head main body 2 a predetermined distance labeled in annotated Fig. 1), and a water film is formed around a body of the user (as shown in Fig. 5, a water film forms around a body of the user).
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Regarding claim 3, Yada further teaches each of the nozzle units is oriented so that a space (labeled in annotated Fig. 1) surrounded by the spouted water is formed to narrow downward (as seen in annotated Fig. 1, each of nozzle units 6 is oriented so a respective space surrounded by spouting water from each of a pair of adjacent nozzle units 6 is formed to narrow in the downward direction).
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Regarding claim 4, Yada further teaches the shower head main body is formed into a ring shape (as seen in Fig. 1, shower head main body 2 is formed into a ring shape).
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 Yada et al. JP 2002238793 in view of Ukigai et al. US 20170087570.
Regarding claim 5, Yada teaches all that is claimed above and teaches the spouted water falls while spreading downward as described above in claim 1, but is silent on each of the nozzle units is configured so that the spouted water vibrates reciprocatingly in a sine-wave pattern, whereby the spouted water falls while spreading downward.
Ukigai teaches in Figs. 4A-4B a nozzle unit 4 similar to a nozzle unit 10 in instant application Figs. 4A-5, and Ukigai teaches nozzle unit 4 may be used in a shower head of Figs. 1-3 and per [0030]. Ukigai teaches each of the nozzle units 4 is configured so that spouted water vibrates reciprocatingly in a sine-wave pattern (as seen in Fig. 4A of Ukigai, spouted water from nozzle unit 4 vibrates reciprocatingly in a sine-wave pattern; [0059] also describes spouting water from nozzle unit 4 oscillates with a reciprocal motion, i.e., vibrates reciprocatingly; and per [0067]: as shown in Fig. 7A, in a stroboscopic photograph showing the flow of hot or cold water discharged from an oscillation inducing nozzle unit 4, a clean sinusoidal flow is obtained because the spout direction moves smoothly back and forth), whereby the spouted water spreads in a spouting direction (as shown in Figs. 4A and 7A of Ukigai, the spouted water spreads in a spouting direction away from the nozzle unit 4).
Modifying the nozzle units of Yada to have each of the nozzle units configured so that spouted water vibrates reciprocatingly in a sine-wave pattern as taught by Ukigai, also has the spouted water falls while spreading downward as claimed.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Yada to have each of the nozzle units is configured so that the spouted water vibrates reciprocatingly in a sine-wave pattern, whereby the spouted water falls while spreading downward as taught by Ukigai to have an appropriately large spout area that can be obtained with a relatively broad range of flow volumes (Ukigai [0066]) and a shower spouting can be obtained which provides a good shower sensation and with which large liquid droplets are discharged uniformly over a wide area (Ukigai [0067]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stouffer US 4151955 teaches a nozzle unit configured so that spouted water vibrates reciprocatingly in a sine-wave pattern (see at least Figs. 2-4 and 39-40) while also spreading in the spray direction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON JOAN HARRINGTON whose telephone number is (571)272-2359. The examiner can normally be reached M-F 9 am - 5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached at (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.J.H./Examiner, Art Unit 3741
/LORNE E MEADE/Primary Examiner, Art Unit 3741