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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2002-054199.
As to claim 1:
JP 2002-054199 teaches a fixture as claimed at least with respect to a previously known device of Figure 1.
A supply line (part of line 9 connected with outlets 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.
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.
See at least Figures 2-4 and the related description.
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) 6, 7 and 10 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).
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The documents listed on the attached PTO 892 are cited to show the state of the art with respect to plumbing fixtures.
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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