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 .
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed on June 11, 2026. Claims 1-20 have been canceled. Claims 21-40 are pending.
Election/Restrictions
Applicant’s election without traverse of Species II (Figures 15-26) in the reply filed on June 11, 2026 is acknowledged.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,042,808 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because Independent claim 21 recites a quick connect assembly including:
(1) a male adapter having a first end with interior threading and at least one lug, and a second end having a fluid aperture, at least one outer circumferential seal, and an outer circumferential shoulder; and
(2) a water dispenser having a female adapter releasably engageable to the male adapter, wherein the female adapter includes a longitudinal channel, a spring-biased retention clip having a retention edge engaging the shoulder of the male adapter, and a sleeve having at least one interior axial channel engaging the lug to limit relative rotation.
Patent claim 1 recites substantially the identical quick-connect structure, including the same male adapter, the same female adapter, the same longitudinal channel, the same spring-biased retention clip with a retention edge engaging the shoulder of the male adapter, and the same sleeve having an interior axial channel engaging a lug to limit rotational movement. The only material distinction is that patent claim 1 recites the female adapter as part of a "showerhead" assembly, whereas claim 21 broadly recites a "water dispenser." Such substitution of a generic water dispensing device for the specifically recited showerhead represents an obvious matter of intended use and field of application that does not impart patentable distinction to the claimed quick-connect structure.
Claims 22–37 are likewise not patentably distinct from the patented claims.
Claim 22 corresponds to patent claim 2, differing only in that the claimed ball-joint female adapter is connected to a generic water dispenser rather than a showerhead.
Claim 23 corresponds to patent claim 3.
Claim 24 corresponds to patent claim 4.
Claim 25 corresponds to patent claim 18.
Claim 26 corresponds to patent claim 5.
Claims 27 and 28 correspond respectively to patent claims 6 and 7.
Claims 29–32 correspond respectively to patent claims 8–11.
Claim 33 corresponds to patent claim 12.
Claim 34 corresponds to patent claim 13.
Claim 35 corresponds to patent claim 14.
Claims 36 and 37 correspond respectively to patent claims 19 and 20.
Claim 38 recites that the water dispenser may be selected from a group consisting of a showerhead, handheld shower, cleaning accessory, handheld brush/comb, pet cleaning accessory, filter attachment, and bathtub spout. Patent claim 1 already claims the identical quick-connect assembly in connection with a showerhead. Extending the use of the same connector assembly to other known water-dispensing fixtures would have been an obvious matter of design choice and intended use and therefore does not render the claim patentably distinct.
Independent claim 39 recites a plumbing fixture including a water dispenser and the same quick-connect assembly recited in claim 21. The quick-connect assembly limitations are substantially identical to those recited in patent claim 1. Reciting the connector assembly as part of a plumbing fixture rather than as a showerhead assembly merely changes the statutory class and environment of use while claiming the same inventive concept. Such a variation would have been obvious to one of ordinary skill in the art.
Claim 40 depends from claim 39 and recites the same list of water dispensers as claim 38. For the reasons set forth above with respect to claim 38, claim 40 is not patentably distinct from the patented claims.
Accordingly, claims 21–40 are rejected under the doctrine of nonstatutory obviousness-type double patenting over claims 1–20 of U.S. Patent No. 12,042,808.
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.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/Primary Examiner, Art Unit 3752
Prosecution Insights