Detailed 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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 accommodating through hole in claim 1 and the axis in a longitudinal direction of the nozzle body in claims 4-6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 and 4-9 are objected to because of the following informalities.
Regarding claim 1, recitation “wherein the nozzle body comprises a water inlet end and an opposite water outlet end” is believed to be in error for - - wherein the nozzle body comprises a water inlet end and a opposite to the water inlet end - -; term “the outer side of the nozzle core seat body” is believed to be in error for - - [[the]]an outer side of the nozzle core seat body - -
Regarding claims 4-6, term “the middle of the support plane” is believed to be in error for - - [[the]]a middle of the support plane - -
Regarding claims 7-9, term “an included angle” is believed to be in error for - - an [[included]]inclined angle - -
Appropriate correction is required.
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 2-3, 5-6, and 8-9 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.
Regarding claim 2 and its dependents, it is unclear whether term “a side of the nozzle core seat body” refers to the previously claimed outer side of the nozzle core seat body in claim 1; or a different side.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-3 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu 20210259908 in view of Perdreau 6123274.
Regarding claim 1, Liu teaches the invention as claimed: A bathtub massage nozzle (Fig. 1, title and [0002]), comprising a nozzle body (1 and 5, Fig. 6) and a nozzle core seat (comprising the nozzle core seat body in annotated Fig. 6 and nozzle surface cover 400 in Figs. 1-2), wherein the nozzle body (1 and 5, Fig. 6) comprises a water inlet end (1a) and an opposite water outlet end (1b, see Fig. 6), and the water inlet end (1a) is provided with a water inlet (100) and an air inlet (101);
the water inlet (100) and the air inlet (101) are staggeredly arranged with each other (see Fig. 6), and the water outlet end (1b) is formed with an accommodating through hole (form by cover 3, see annotated Fig. 6) for allowing insertion of the nozzle core seat (see Fig. 6);
an annular groove (per [0045] cover 3 is made by plastic and has a thin thickness with good elastic deformation capability, and thus, after the nozzle is tightly installed as shown in Fig. 6, 102 will press on cover 3 and form an annular groove on a surface of cover 3 that contacts 102, see Fig. 6) is formed on an inner surface (the surface of cover 3 that contacts 102 is an inner surface) of the accommodating through hole (form by cover 3, see annotated Fig. 6) by recessing toward (due to the pressing force from 102) an outer surface (an outer surface of cover 3 that contacts 7b, see Fig. 6) of the water outlet end (1b);
the nozzle core seat comprises a nozzle core seat body (annotated Fig. 6) and a nozzle surface cover (400 in Figs. 1-2) arranged at an end of the nozzle core seat body (annotated Fig. 6),
an annular accommodating groove (annotated Fig. 6) is arranged on the outer side (the annular accommodating groove in annotated Fig. 6 is located radially outer from the nozzle core seat body relative to an axis of nozzle, see annotated Fig. 6) of the nozzle core seat body (annotated Fig. 6), and an annular ring (sealing 6 and [0051]) adapted to the annular groove is arranged in the annular accommodating groove (see Fig. 6).
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Liu does not teach the annular ring is an annular rubber ring.
However, Perdreau teaches an annular ring (seal 22) is an annular rubber ring (col. 4, ll. 40-50).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Liu with Perdreau’s forming an annular ring with rubber because it is noted that selection a known material (or material compound), in this case, rubber, on the basis of its suitability for the intended use, in this case, forming an annual ring as taught by Perdreau, as a matter of obvious design choice, MPEP 2144.07.
Regarding claim 2, Liu further teaches wherein a nozzle core (annotated Fig. 6) is arranged on a side (where the nozzle core seat body threaded with 5 in Fig. 6) of the nozzle core seat body (annotated Fig. 6) close to the nozzle surface cover (400), and a water outlet (formed on 400, see Fig. 1 and annotated Fig. 6) is arranged on the nozzle surface cover (400) corresponding to the nozzle core (the nozzle core in annotated Fig. 6 comprising shaft 401, which is rotatable connected to cover 400, see Fig. 6 and [0039]).
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Regarding claim 3, Liu further teaches wherein the nozzle core (annotated Fig. 6 in claim 2) is a rotatory nozzle core ([0039]).
Regarding claim 10, Liu further teaches wherein the nozzle core seat body (annotated Fig. 6) is provided with a catch slot (annotated Fig. 6), and a side edge (where 400 matches with the nozzle core seat body, see annotated Fig. 6) of the nozzle surface cover (400) is provided with a catch (annotated Fig. 6) engaged in the catch slot (annotated Fig. 6).
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Regarding claim 11, Liu further teaches a fastener (2) provided with an internal thread (see Fig. 6), and an external thread (see Fig. 6) is provided on an outside of the nozzle body (1 and 5); and the fastener (2) cooperates with the nozzle surface cover (400) to clamp the nozzle body (1 and 5) for installation and fixation (per [0048], user needs to hold cover 400 to rotate the nozzle core seat body relative to the 5 part of the nozzle body, and per [0042] fastener 2 is tightly locked with the 1 part of the nozzle body, and thus, during installation and fixation, user needs to cooperatively rotate fastener 2 and cover 400, which tightly hold the nozzle body 1 and 5 as shown in Fig. 6).
Claims 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over Liu 20210259908 in view of Perdreau 6123274, and in further view of Peng 8458825.
Regarding claims 4-6, Liu further teaches wherein a support plane (a top surface of 5 where the nozzle core seat body is placed on, see annotated Fig. 6 and [0043]) is arranged at a middle part of an inside of the nozzle body (1 and 5, see annotated Fig. 6); the support plane (the top surface of 5 where the nozzle core seat body is placed on, see annotated Fig. 6 and [0043]) is perpendicular to an axis (annotated Fig. 6) in a longitudinal direction of the nozzle body (1 and 5), and a water through hole (annotated Fig. 6) is arranged on the support plane (annotated Fig. 6; in order to provide water from inlet 100 to outlet on cover 400); the water through hole (annotated Fig. 6) runs through the middle of the support plane (see annotated Fig. 6).
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Liu in view of Perdreau does not teach a protrusion is arranged on the support plane, and the protrusion extends toward the nozzle surface cover, and a surface of the nozzle core seat body opposite to the support plane is provided with a cam corresponding to the protrusion.
However, Peng teaches a support plane (a top surface of 3, where nozzle core seat body 21 is placed, see Figs. 1-3) is arranged at a middle part of an inside of the nozzle body (1 and 3, see Fig. 2); a protrusion (34 in Fig. 3, which may be the 34a in Fig. 7, col. 2, ll. 49-59 and col. 3m ll. 43-66) are arranged on the support plane (the top surface of 3, where nozzle core seat body 21 is placed, see Figs. 1-3); and the protrusion (34 in Fig. 3, which may be the 34a in Fig. 7, col. 2, ll. 49-59 and col. 3, ll. 43-66) extends toward the nozzle surface cover (5, because 34a protruding upwardly, see Figs. 2-3 and 7); and a surface (a bottom surface) of the nozzle core seat body (21) opposite to the support plane (the top surface of 3, where nozzle core seat body 21 is placed, see Figs. 1-3) is provided with a cam (211 in Figs. 1 and 6) corresponding to the protrusion (34a; from col. 2, l. 58 to col. 3, l. 5 and col. 3, ll. 43-66).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Liu in view of Perdreau with Peng’s protrusion arranged on the support plane and cam provided on a surface of the nozzle core seat body, such that
a protrusion is arranged on the support plane, and the protrusion extends toward the nozzle surface cover, and a surface of the nozzle core seat body opposite to the support plane is provided with a cam corresponding to the protrusion
in order to prevent nozzle core body from popping out of the nozzle body over time due to vibration, chemical corrosion, and misposition, etc. (Peng, col. 1, ll. 50-28 and col. 4, ll. 10-15).
Regarding claims 7-9, Liu in view of Perdreau and Peng further teaches wherein an included angle (interpreted as inclined angle, per Peng’s col. 4, ll. 1-15 and Fig. 7, Peng’s protrusion 34a comprising a ramp or slop for Peng’s cam 211 to slip on and pass Peng’s protrusion 34a, and thus the claimed inclined angle is an angle between Peng’s ramp/slop and Liu’s top surface of 5 where Liu’s nozzle core body seat in Liu’s annotated Fig. 6 in claim 4 is placed) between one side of the protrusion (Peng’s ramp/slop per Peng’s col. 4, ll. 1-15) and the support plane (Liu’s top surface of 5 where Liu’s nozzle core body seat in Liu’s annotated Fig. 6 in claim 4 is placed) is an acute angle (in order to form Peng’s ramp/slop as taught by Peng’s col. 4, ll. 1-15 and Fig. 7).
The motivation of the combination is the same with the reason for the rejections of claims 4-6 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Holtsnider 20070033725 teaches a bathtub nozzle, comprising a nozzle body and a nozzle core seat, wherein the nozzle body comprises a water inlet end and an opposite water outlet end, and the water inlet end is provided with a water inlet and an air inlet; the water inlet and the air inlet are staggeredly arranged with each other, and the water outlet end is formed with an accommodating through hole for allowing insertion of the nozzle core seat; the nozzle core seat comprises a nozzle core seat body and a nozzle surface cover arranged at an end of the nozzle core seat body; an annual ring is adapted between an inner surface of the accommodating through hole and an outer surface of the nozzle core seat body.
BACKER 20200038287 teaches a support plane is arranged at a middle part of an inside of the nozzle body the support plane is perpendicular to an axis in a longitudinal direction of the nozzle body, and a water through hole and a protrusion are arranged on the support plane; the water through hole runs through the middle of the support plane, and the protrusion extends toward the nozzle surface cover.
Marty 7246760 teaches a bathtub nozzle, comprising a nozzle body and a nozzle core seat, wherein the nozzle body comprises a water inlet end and an opposite water outlet end, and the water inlet end is provided with a water inlet and the water outlet end is formed with an accommodating through hole for allowing insertion of the nozzle core seat; an annular groove is formed on an inner surface of the accommodating through hole by recessing toward an outer surface of the water outlet end; the nozzle core seat comprises a nozzle core seat body and a nozzle surface cover arranged at an end of the nozzle core seat body, an annular accommodating groove is arranged on the outer side of the nozzle core seat body, and an annular rubber ring adapted to the annular groove is arranged in the annular accommodating groove.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JINGCHEN LIU whose telephone number is (571)272-6639. The examiner can normally be reached 9:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JINGCHEN LIU/Examiner, Art Unit 3741
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