DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of claims 1-9, 11, 16, 17, 19-21 and 24-25 in the reply filed on 5/13/2026 is acknowledged.
Claims 10, 12-15, 18, 22 and 23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/13/2026.
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 first selection of the plurality of outlets or the second selection of the plurality of outlets consists of a single outlet; and at least one of the plurality of outlets is/are common to both the first selection of the plurality of outlets and the second selection of the plurality of outlets 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
Claim 1 is objected to because of the following informalities: “suppling” is believed to be in error for --supplying--. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: “claim 1further” is believed to be in error for --claim 1 further--. 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.
Claim 21 is 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.
Claim 21 recites the limitation "the three or more chambers". There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the limitation is meant to be “three or more chambers”, or the claim is supposed to be dependent upon claim 20 instead of claim 19, rendering the claim vague and indefinite.
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.
Claims 1, 2, 4, 5, 7, 11, 16, 17 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Quinn 2022/0168758.
In regards to Independent Claim 1, Quinn teaches a fluid delivery device (100) comprising: an inlet (104) for receiving fluid from a fluid supply pipe (paragraph [0077]); a plurality of outlets (122 and 132) in fluid communication with the inlet (paragraphs [0078-0079]); two or more chambers including a first chamber (162) and a second chamber (164), the first chamber supplying fluid to a first selection of the plurality of outlets (paragraph [0083]), and the second chamber suppling fluid to a second selection of the plurality of outlets (paragraph [0084]); and a switching device (180) disposed between the inlet and the two or more chambers (as shown in figure 3), the switching device controlling fluid flow to the plurality of outlets (paragraph [0087]); wherein the switching device has a first operating mode in which there is a first fluid flow rate from the inlet to the first chamber (shutter 182 alternately connects inlet with 162 and 164, paragraph [0087]) and a second operating mode in which there is a second fluid flow rate from the inlet to the second chamber (shutter 182 alternately connects inlet with 162 and 164, paragraph [0087]); wherein, in the first operating mode, a fluid flow rate from the inlet to the second chamber is not equal to the second fluid flow rate (shutter 182 alternately connects inlet with 162 and 164, paragraph [0087]); and wherein during use of the fluid delivery device the switching device cycles between the first operating mode and the second operating mode (paragraph [0088]).
Regarding Dependent Claim 2, Quinn teaches at least one of the first selection of the plurality of outlets and the second selection of the plurality of outlets comprises a plurality of outlets (plurality of outlets for both 122 and 132 as shown in figure 2).
Regarding Dependent Claim 4, Quinn teaches in the second operating mode, a fluid flow rate from the inlet to the first chamber is not equal to the first fluid flow rate (when flow is only passing to chamber 164, there is no flow to 162, which is less than in the first mode, paragraph [0087]).
Regarding Dependent Claim 5, Quinn teaches in the first operating mode, there is no fluid flow (paragraph [0087]) from the inlet (104) to the second chamber (164).
Regarding Dependent Claim 7, Quinn teaches in the second operating mode, there is no fluid flow (paragraph [0087]) from the inlet (104) to the first chamber (162).
Regarding Dependent Claim 11, Quinn teaches two or more channels (330 and 332), each fluidically connecting the switching device to a respective one of the two or more chambers (paragraph [0099]), wherein the two or more channels include: a first channel (330) between the switching device and the first chamber (paragraph [0099]); a second channel (332) between the switching device and the second chamber (paragraph [0099]).
Regarding Dependent Claim 16, Quinn teaches a movable element (180) selectively blocking at least partially, in a cycle fluid flow, the inlet to the first chamber and fluid flow from the inlet to the second chamber such that, in use, the switching device cycles between the first operating mode and the second operating mode (paragraph [0087]).
Regarding Dependent Claim 17, Quinn teaches movement of the movable element is driven only by fluid flow from the inlet (flow turns turbine 184 of 180, paragraph [0094]).
In regards to Independent Claim 24, Quinn teaches a plumbing system (100) comprising: an inlet (104); a plurality of outlets (122, 132) in fluid communication with the inlet (paragraphs [0078-0079]); a first chamber (162) in fluid communication with a first selection of the plurality of outlets (paragraph [0083]), and a second chamber (164) in fluid communication with a second selection of the plurality of outlets (paragraph [0084]); and a switching device (180) between the inlet and the two or more chambers (as shown in figure 3), the switching device controlling fluid flow to the plurality of outlets (paragraph [0086]); wherein the switching device has a first operating mode in which there is a first fluid flow rate from the inlet to the first chamber (shutter 182 alternately connects inlet with 162 and 164, paragraph [0087]) and a second operating mode in which there is a second fluid flow rate from the inlet to the second chamber (shutter 182 alternately connects inlet with 162 and 164, paragraph [0087]), wherein in the first operating mode, a fluid flow rate from the inlet to the second chamber is not equal to the second fluid flow rate (shutter 182 alternately connects inlet with 162 and 164, paragraph [0087]); and wherein the switching device cycles between the first operating mode and the second operating mode (shutter 182 alternately connects inlet with 162 and 164, paragraph [0087]); and a fluid supply pipe configured to connect fluidically the inlet to a fluid source (paragraph [0077]).
Claims 1, 3, 6 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ye CN 109847959 A.
In regards to Independent Claim 1, Ye teaches a fluid delivery device (figure 4E) comprising: an inlet (inlet at top of showerhead in figure 4E) for receiving fluid from a fluid supply pipe (threading for connecting to pipe at top of showerhead in figure 4E); a plurality of outlets in fluid communication with the inlet (nozzles shown in figure 4D); two or more chambers including a first chamber and a second chamber (plurality of chambers 41 and 42 in figure 4D), the first chamber supplying fluid to a first selection of the plurality of outlets (outlets associated with 41 in figure 4D), and the second chamber supplying fluid to a second selection of the plurality of outlets (outlets associated with 42 in figure 4D); and a switching device (shown in figure 5) disposed between the inlet (at 11) and the two or more chambers (as shown in figure 4E), the switching device controlling fluid flow to the plurality of outlets (paragraph [0025]); wherein the switching device has a first operating mode in which there is a first fluid flow rate from the inlet to the first chamber and a second operating mode in which there is a second fluid flow rate from the inlet to the second chamber (paragraph [0025], two outlets from each mechanism A in figure 5); wherein, in the first operating mode, a fluid flow rate from the inlet to the second chamber is not equal to the second fluid flow rate (alternation to different outlets of switching device, paragraph [0025]); and wherein during use of the fluid delivery device the switching device cycles between the first operating mode and the second operating mode (paragraph [0025], where each device A alternates between outlets).
Regarding Dependent Claim 3, Ye teaches the second fluid flow rate is less than the first fluid flow rate (combined flow to 41 and 42 will be different based upon the lengths of each flow channel from each device A as shown in figure 5, wherein the definition of which chamber is first or second is arbitrary).
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Figure 5 of Ye
Regarding Dependent Claim 6, Ye teaches the second operating mode, there is non-zero fluid flow from the inlet to the first chamber (different lengths of channels from each device A in figure 5 will result in non-zero flow in opposing chambers during alternating of flow, paragraph [0025]).
Regarding Dependent Claim 19, Ye teaches one or more further selections of the plurality of outlets (multiple sets of rings 41 and 42 as shown in figure 4D), wherein: the fluid delivery device includes one or more further chambers (multiple rings of chambers 41 and 42 as shown in figure 4D), wherein each of the one or more further chambers provides fluid flow from the switching device to one of the one or more further selections of the plurality of outlets (outlets of devices A are at different radii in figure 5, such that each outlet goes to a different ring of 41 or 42 in figure 4D).
Claim(s) 1 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ye 2021/0170427.
In regards to Independent Claim 1, Ye teaches a fluid delivery device (figure 10) comprising: an inlet (11) for receiving fluid from a fluid supply pipe (threading of 100 for connecting to pipe); a plurality of outlets in fluid communication with the inlet (two outlets through which fan shaped flow exits in figure 10); two or more chambers including a first chamber (61) and a second chamber (62), the first chamber supplying fluid to a first selection of the plurality of outlets (left fan shaped outlet in figure 10), and the second chamber supplying fluid to a second selection of the plurality of outlets (right fan shaped outlet in figure 10); and a switching device disposed between the inlet and the two or more chambers (10 between 11 and 61 and 62), the switching device controlling fluid flow to the plurality of outlets (paragraph [0033]); wherein the switching device has a first operating mode in which there is a first fluid flow rate from the inlet to the first chamber and a second operating mode in which there is a second fluid flow rate from the inlet to the second chamber (paragraph [0033] and shown in figure 10); wherein, in the first operating mode, a fluid flow rate from the inlet to the second chamber is not equal to the second fluid flow rate (paragraph [0033]); and wherein during use of the fluid delivery device the switching device cycles between the first operating mode and the second operating mode (paragraph [0033] and shown in figure 10).
Regarding Dependent Claim 8, Ye teaches both the first and second selections of the plurality of outlets consists of a single outlet (as shown in figure 10, paragraph [0033]).
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.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quinn as applied to claim 24 above, and further in view of Badanes 1,033,225.
Regarding Dependent Claim 25, Quinn teaches the invention as claimed and discussed above. However, Quinn does not teach that a mixer valve is upstream of the showerhead. Badanes teaches using a mixer valve (4) upstream of a showerhead (5, as shown in figure 2). It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to use the mixer valve of Badanes upstream of the showerhead of Quinn, in order to control the temperature of the flow of water to the showerhead (Col. 1, ll. 9-13).
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Quinn as applied to claim 1 above.
Regarding Dependent Claims 19-21, Quinn teaches the invention as claimed and discussed above, where there are two chambers and the switching device selects between two operating modes with different amounts of flow to each chamber dependent upon mode (see rejection of claim 1 above). However, Quinn does not teach that there are three chambers and three operating modes. It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to use an additional chamber and operating mode for the fluid delivery device of Quinn, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). MPEP 2144.04 VI B.
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: prior art fails to teach, in combination with the other limitations of dependent claim 9, that at least one of the plurality of outlets is/are common to both the first and section selections of the plurality of outlets.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M SUTHERLAND whose telephone number is (571)270-1902. The examiner can normally be reached M-F 8-5.
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/STEVEN M SUTHERLAND/Primary Examiner, Art Unit 3752
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