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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-8) in the reply filed on June 8, 2026 is acknowledged.
Claims 9-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 8, 2026.
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed on June 8, 2026. Claims 9-20 have been canceled. Claims 21-32 have been added.
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 7 and 27 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.
The term “substantially perpendicular” in claims 7 and 27 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear whether the claimed relationship encompasses orientations that are exactly perpendicular, nearly perpendicular, or orientations deviating by a greater amount. Absent an objective boundary in the claim language or a definition in the specification that provides reasonably certainty as to the scope of the term, the limitation “substantially perpendicular” renders the claims indefinite.
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, 6-8, 21-24 and 26-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vartanian et al. (US 2014/0117178 A1).
With regard to claim 1, Vartanian discloses an articulating shower assembly (Fig. 1), comprising: a linkage assembly (30) pivotally coupled to a spray head (by rotating joint 50, see Fig. 4A); and a handle (40) pivotally coupled upstream to the linkage assembly (30) and configured to cause both the spray head and the linkage assembly to transition between a plurality of operating positions responsive to a force applied to the handle (Fig. 4A-4B).
With regard to claim 2, the assembly of Vartanian discloses the invention as disclosed in the rejection of claim 1 above. Vartanian further discloses that the spray head (shower head) is configured to transition between the plurality of operating positions responsive to a force applied to the spray head (Fig. 4A-4B and Par. [0023]).
With regard to claim 3, the assembly of Vartanian discloses the invention as disclosed in the rejection of claim 1 above. Vartanian further discloses that the linkage assembly comprises a first link arm (30a), a second link arm (30b), and a pivot body (50), the pivot body fluidly coupled to the spray head (shower head); and the first link arm and the second link arm (30a/30b) are configured to cause the pivot body (50) to rotate about an axis to cause the spray head to transition between the plurality of operating positions (Fig. 4A-4B).
With regard to claim 4, the assembly of Vartanian discloses the invention as disclosed in the rejection of claim 1 above. Vartanian further discloses that a first link arm (30a) of the linkage assembly is configured to pivotally couple to a wall at a first position (by rotating joint 20); a second link arm of the linkage assembly (30b) is configured to pivotally couple to the wall at a second position (by rotating joint 20); and the first position is located at a constant distance apart from the second position (constant distance is defined by the length of 30a and 30b) while the spray head transitions between the plurality of operating positions (Fig. 4A-4B).
With regard to claim 6, the assembly of Vartanian discloses the invention as disclosed in the rejection of claim 1 above. Vartanian further discloses that the spray head (shower head) is configured to remain in position by friction responsive to being moved into one of the plurality of operating positions by the force applied to the handle (engagement friction between showerhead and holder 40).
With regard to claim 7, the assembly of Vartanian discloses the invention as disclosed in the rejection of claim 1 above. Vartanian further discloses that a central axis extending through the handle is substantially perpendicular to a central axis extending through a link arm of the linkage assembly in at least one operating position of the plurality of operating positions (see annotated figure below).
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With regard to claim 8, the assembly of Vartanian discloses the invention as disclosed in the rejection of claim 1 above. Vartanian further discloses that the handle (40) is separable into a first portion and a second portion by a quick release connector (60).
With regard to claim 21, Vartanian discloses an articulating shower assembly (Fig. 1), comprising: a linkage assembly (30) pivotally coupled to a spray head (by rotating joint 50, see Fig. 4A); and a handle (40) pivotally coupled upstream to the linkage assembly (30) and configured to cause both the spray head and the linkage assembly to transition between a plurality of operating positions responsive to a force applied to the spray head (Fig. 4A-4B).
With regard to claims 22-24 and 26-28, the assembly of Vartanian discloses the invention as disclosed in the rejection of claims 1-8 and 21 above.
With regard to claim 29, Vartanian discloses an articulating shower assembly (Fig. 1), comprising: a linkage assembly (30) pivotally coupled to a spray head (by rotating joint 50, see Fig. 4A); and a handle (40) pivotally coupled upstream to the linkage assembly (30) and configured to cause both the spray head and the linkage assembly to transition between a plurality of operating positions responsive to a force applied to the spray head or the handle (Fig. 4A-4B).
With regard to claims 30 and 31, the assembly of Vartanian discloses the invention as disclosed in the rejection of claims 3, 4 and 29 above.
Claims 1-4, 6-7, 21-24, 26-27, and 29-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailey (US 192,728).
With regard to claim 1, Bailey discloses an articulating shower assembly (Fig. 1), comprising: a linkage assembly (e) pivotally coupled to a spray head (g, Fig. 1)); and a handle (hose H is capable of being grabbed) pivotally coupled upstream to the linkage assembly (e) and configured to cause both the spray head and the linkage assembly to transition between a plurality of operating positions responsive to a force applied to the handle (Fig. 1).
With regard to claim 2, the assembly of Bailey discloses the invention as disclosed in the rejection of claim 1 above. Bailey further discloses that the spray head (g) is configured to transition between the plurality of operating positions responsive to a force applied to the spray head (Fig. 1).
With regard to claim 3, the assembly of Bailey discloses the invention as disclosed in the rejection of claim 1 above. Bailey further discloses that the linkage assembly comprises a first link arm, a second link arm, and a pivot body (Fig. 1), the pivot body fluidly coupled to the spray head (g); and the first link arm and the second link arm (30a/30b) are configured to cause the pivot body to rotate about an axis to cause the spray head to transition between the plurality of operating positions (Fig. 1).
With regard to claim 4, the assembly of Bailey discloses the invention as disclosed in the rejection of claim 1 above. Bailey further discloses that a first link arm of the linkage assembly is configured to pivotally couple to a wall at a first position; a second link arm of the linkage assembly is configured to pivotally couple to the wall at a second position; and the first position is located at a constant distance apart from the second position while the spray head transitions between the plurality of operating positions (Fig. 1).
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With regard to claim 6, the assembly of Bailey discloses the invention as disclosed in the rejection of claim 1 above. Bailey further discloses that the spray head is configured to remain in position by friction responsive to being moved into one of the plurality of operating positions by the force applied to the handle (engagement by set screw I, Fig. 2).
With regard to claim 7, the assembly of Bailey discloses the invention as disclosed in the rejection of claim 1 above. Bailey further discloses that a central axis extending through the handle (H) is substantially perpendicular to a central axis extending through a link arm of the linkage assembly in at least one operating position of the plurality of operating positions (see dash lines in the annotated figure above).
With regard to claim 21, Bailey discloses an articulating shower assembly (Fig. 1), comprising: a linkage assembly (e) pivotally coupled to a spray head (g, see Fig. 1); and a handle (hose H is capable of being grabbed) pivotally coupled upstream to the linkage assembly (e) and configured to cause both the spray head and the linkage assembly to transition between a plurality of operating positions responsive to a force applied to the spray head (Fig. 1).
With regard to claims 22-24 and 26-27, the assembly of Bailey discloses the invention as disclosed in the rejection of claims 1-7 and 21 above.
With regard to claim 29, Bailey discloses an articulating shower assembly (Fig. 1), comprising: a linkage assembly (e) pivotally coupled to a spray head (g, see Fig. 1); and a handle (40) pivotally coupled upstream to the linkage assembly (e) and configured to cause both the spray head and the linkage assembly to transition between a plurality of operating positions responsive to a force applied to the spray head or the handle (Fig. 1).
With regard to claims 30 and 31, the assembly of Bailey discloses the invention as disclosed in the rejection of claims 3, 4 and 29 above.
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.
Claims 5, 25, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Bailey in view of Clarke et al. (US 2019/0106866 A1).
With regard to claim 5, the assembly of Bailey discloses the invention as disclosed in the rejection of claim 1 above. Bailey does not disclose that a first link arm of the linkage assembly comprises a fixed length and a second link arm of the linkage assembly is configured to vary in length as the linkage assembly transitions between the plurality of operating positions.
Clarke teaches an articulating shower assembly comprising a linkage assembly (305), a first link arm of the linkage assembly (351) comprises a fixed length and a second link arm of the linkage assembly (352) is configured to vary in length as the linkage assembly transitions between the plurality of operating positions (Fig. 12 and 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the linkage assembly of Bailey, by replacing the linkage assembly with the linkage assembly (305) as taught by Clarke with the first link arm mounted on the wall and the second link arm connected the showerhead, since this arrangement advantageously allows for the arm to support loads from the showerhead when the showerhead is in different positions (Par. [0054]).
Claims 8 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Bailey in view of Heisterhagen (US 8,122,528 B2).
With regard to claims 8 and 28, the assembly of Bailey discloses the invention as disclosed in the rejection of claims 1 and 21 above. Bailey does not disclose that the handle is separable into a first portion and a second portion by a quick release connector.
Heisterhagen discloses an articulating shower assembly comprising a handle (5) is separable into a first portion and a second portion by a quick release connector (Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle (H) of Bailey, by incorporating the handle (5) with the quick release connect (Fig. 5 and 6) as taught by Heisterhagen, for the benefit of providing additional showerhead that can be handled together with the hand-held showerhead, or also feature its own handle that can be used to operate the additional hand-held showerhead and the hand-held showerhead (Col. 1 lines 49-51).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL ZHOU whose telephone number is (571)270-1163. The examiner can normally be reached Mon-Fri 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR HALL can be reached at 5712701814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/Primary Examiner, Art Unit 3752
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