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 .
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 1-10 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 claims are indefinite because it is not clear what structure of the claimed “plumbing fixture” is limited by the recitation of the structure of the shower system, which is not claimed as a part of the claimed “fixture”.
Please, note that the claim 1 recites “a plumbing fixture for a shower system”.
Please, also note that “the shower system” is not recited by the claims as structural part of the claimed “plumbing fixture”.
The claims are further indefinite because it is not clear from claim 1 where “the liquid is configured to be circulated”.
The claims are further indefinite because it is not clear from claim 1 whether or not the recited liquid is a part of the claimed fixture.
Claim 10 is further indefinite because it is not clear what structure is required by the recitation of the intended use of “stagnant water” and “compressed air” recited by the claim.
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.
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.
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.
Claim(s) 1-6, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2002-054199.
As to claim 1:
JP 2002-054199 teaches a fixture at least with respect to a previously known device of Figure 1.
A supply line (part of line 9 connected with outlets/faucets/taps 10);
A first connection 5 for switchable connecting the supply line 9 to a compressed air line (a line between air compressor 6 and the connection 5).
The fixture is disclosed as capable of performing the intended use recited by claim 1.
Further as to claim 1:
JP 2002-054199 also teaches a fixture as claimed at least with respect to Figures 2-4.
The fixture comprises:
A supply line (part of line 9 connected with outlets 10;
A first connection 13 for switchable connecting the supply line 9 to a compressed air line (a line between air compressor 6 and the connection 13).
The fixture is disclosed as capable of performing the intended use recited by claim 1.
See at least Figures 2-4 and the related description.
See at least Figures 2-4 and the related description.
Thus, JP 2002-054199 teaches the fixture as claimed except for the specific recitation of a collecting device configured to collect liquid that exited faucets/taps 10.
However, providing water systems comprising taps/faucets with water collecting devices such as sinks, tubs, showers, etc. is well known to collect and use water in residential and commercial buildings.
It would have been obvious to an ordinary artisan at the time the invention was filed to utilize the fixture of JP 2002-054199 in any known water system with taps/faucets and sinks/tubs/showers in order to use the benefits disclosed by JP 2002-054199 and in order to use a known device for its known purpose.
As to the limitation “fluidly connected”: the supply line of the modified fixture of JP 2002-054199 will be fluidly connected to the collecting devices (sinks/tubs/showers, etc.) through the outlets (taps/faucets).
As to the limitation “the liquid is configured to be circulated”.
Please, note that the claims do not require any specific circulation.
Further, it is well known that the water used in residential and commercial buildings is collected processed by the water municipal cleaning facilities and reused. Such is readable on the limitation “the liquid is configured to be circulated” recited by claim 1. Thereby, what is claimed is obviously present in JP 2002-054199.
As to claim 2:
The fixture of JP 2002-054199 further comprises a second connection 15 for switchably connecting the supply line 9 to the water line 1.
See at least Figure 1.
As to claim 3:
The fixture of JP 2002-054199 further comprises valve 2 configured as claimed.
As to claim 4:
The first connection 13 is disclosed as comprising a valve 19.
As to claim 5:
The recited common valve is readable at least on valve 29.
As to claim 6
The claimed pump is readable at least on the compressor 6.
As to claim 8:
The claimed third connection is readable at least on the connections of either of valves 25, 26 with pipe 9. The claimed second water line is readable on the line between ports 22 and 23.
As to claim 9:
The claimed valve is readable on either of valves 25 and 26.
As to claim 10:
Since, the structure of the modified fixture of JP 2002-054199 will be the same as claimed, the fixture will be capable of the recited intended functioning or the invention is not disclosed/claimed in the correspondence with the requirements of 35 USC 112(a).
Claim(s) 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2002-054199 in view of any of Betgem (US 2016/0153180) and Wiens (US 5,206,963).
JP 2002-054199.
For claim 6 this is an alternative rejection.
JP 2002-054199 as applied above teaches a fixture as claimed except for the pump for supplying a liquid (claim 6), the pump arranged as claimed (claim 7) and the collection device as claimed (claim 10).
However, the shower systems with the pumps and the collecting devices as claimed were known in the art as evidenced by Betgem and Wiens.
See at least Figures 1 and 2 and the related description of Betgem and Figures 1-3 and the related description of Wiens.
It would have been obvious to an ordinary artisan at the time the invention was filed to utilize the fixture of JP 2002-054199 in the known systems of Betgem or Wiens in order to use the known device of JP 2002-054199 for its known purpose in the known systems of Betgem or Wiens to obtain benefits disclosed by JP 2002-054199.
Response to Arguments
Applicant's arguments filed 05/19/2026 have been fully considered but they are not persuasive.
The applicants amended the claims and allege that the claims are allowable.
This is not persuasive for the reasons provided in the rejections above.
The amended claims have been examined and addressed in the rejections above.
The amended claims are indefinite for the reasons provided in the rejection under 35 USC 112.
The newly introduced limitations are addressed in the rejections under 35 USC 103.
The applicants’ arguments have been considered but not found persuasive at least because the referenced arguments are more specific than the claims.
Further, JP 2002-054199 teaches the fixture as claimed except for the specific recitation of a collecting device configured to collect liquid that exited faucets/taps 10.
However, providing water systems comprising taps/faucets with water collecting devices such as sinks, tubs, showers, etc. is well known to collect and use water in residential and commercial buildings.
It would have been obvious to an ordinary artisan at the time the invention was filed to utilize the fixture of JP 2002-054199 in any known water system with taps/faucets and sinks/tubs/showers in order to use the benefits disclosed by JP 2002-054199 and in order to use a known device for its known purpose.
As to the limitation “fluidly connected”: the supply line of the modified fixture of JP 2002-054199 will be fluidly connected to the collecting devices (sinks/tubs/showers, etc.) through the outlets (taps/faucets).
As to the limitation “the liquid is configured to be circulated”.
Please, note that the claims do not require any specific circulation.
Further, it is well known that the water used in residential and commercial buildings is collected processed by the water municipal cleaning facilities and reused. Such is readable on the limitation “the liquid is configured to be circulated” recited by claim 1. Thereby, what is claimed is obviously present in JP 2002-054199.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALEXANDER MARKOFF whose telephone number is (571)272-1304. The examiner can normally be reached 9:00 am - 5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER MARKOFF/Primary Examiner, Art Unit 1711
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