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, species I, figures 1-6b, claims 1-12, in the reply filed on 3/3/2026 is acknowledged.
Claims 13-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/3/2026.
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.
Claim(s) 1 and 4-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ye et al. (2021/0170427).
Regarding claim 1, Ye et al. shows a fluid delivery device (fig 1) comprising: an inlet (100); one or more fluid delivery outlets (21 and 22 both have multiple outlets) in fluid communication with the inlet; and a switching device ( the channels in between 100 and 21/22) disposed between the inlet and the one or more fluid delivery outlets, the switching device controlling fluid flow to the fluid delivery outlet(s); wherein the switching device has a first operating mode in which there is a first fluid flow from the inlet to a first chamber (61 or 12) leading to one or more of the fluid delivery outlets (fig 5), and a second operating mode in which there is a second fluid flow from the inlet to a second chamber (62) leading to one or more of the fluid delivery outlets (fig 6); wherein for a given fluid delivery outlet when the switching device is in the first operating mode, the first fluid flow enters the given fluid delivery outlet from the first chamber in a first direction and/or at a first location (fig 5), and when the switching device is in the second operating mode, the second fluid flow enters the given fluid delivery outlet from the second chamber in a second direction and/or at a second location (fig 6); wherein the second direction is different from the first direction and/or the second location is different from the first location (fig 5 and 6); and wherein the switching device cycles between the first operating mode and the second operating mode (fig 5 and 6).
Regarding claim 4, wherein the first chamber leads to two or more of the fluid delivery outlets (21) and/or the second chamber leads to two or more of the fluid delivery outlets (22).
Regarding claim 5, further comprising a spray face (the very bottom face of 100) which includes the fluid delivery outlets
Regarding claim 6, wherein the first chamber is further from the spray face than the second chamber (if 12 of Ye is considered the first chamber and 62 is considered the second chamber, the limitations of claim 6 are met)
Regarding claim 7, wherein the switching device includes: a switching device inlet (11, 16); at least two switching device outlets (outlet of 12 and 13), which each feed a respective one of the first chamber and second chamber (fig 1); and a switching mechanism (10, 31, 32, 34, 36) cycling between the first operating mode and the second operating mode, wherein in the first operating mode, flow is directed from the switching device inlet, through the switching mechanism to a first switching device outlet of the at least two switching device outlets to form the first fluid flow (fig 5), and in the second operating mode, flow is directed from the switching device inlet, through the switching mechanism to a second switching device outlet of the at least two switching device outlets to form the second fluid flow (fig 6).
Regarding claim 8, wherein the switching device includes an antechamber (10) fluidically connected to the first chamber by a first channel (12) and fluidically connected to the second chamber by a second channel (13).
Regarding claim 9, wherein the switching device includes a first feedback loop (31) which provides a path for fluid flow from the first channel to the antechamber and a second feedback loop (32) which provides a path for fluid flow from the second channel to the antechamber.
Regarding claim 10, wherein fluid flow from the first feedback loop disrupts fluid flow to the first channel, thereby switching the switching device from its first operating mode into its second operating mode (fig 6); and fluid flow from the second feedback loop disrupts fluid flow to the second channel, thereby switching the switching device from its second operating mode into its first operating mode (fig 7).
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) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (2021/0170427).
Regarding claim 2, Ye et al. shows all aspects of the applicant’s invention as in claim 1,
but fails to disclose wherein the second direction is different from the first direction by an angle of greater than or equal to 2 deg and/or less than or equal to 75deg.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ye et al. so that the second direction is different from the first direction by an angle of greater than or equal to 2 deg and/or less than or equal to 75deg, since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC., Inc., 725 F.2d 1338, 220 USPQ 77 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984).
In this case, the device of Ye et al. would not operate differently with the second direction being different from the first direction by an angle of greater than or equal to 2 deg and/or less than or equal to 75deg, since the device of Ye et al. and the claimed device are identical in every other way including showing a very similar angle to the claimed range, in figure 1. Further, it appears that applicant places no criticality in the claimed range.
Regarding claim 3, Ye et al. shows all aspects of the applicant’s invention as in claim 1,
but fails to disclose wherein the second location is different from the first location by a distance of 2 cm or less and/or the second location is different from the first location by a distance of at least 0.05 cm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ye et al. so that the second location is different from the first location by a distance of 2 cm or less and/or the second location is different from the first location by a distance of at least 0.05 cm, since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC., Inc., 725 F.2d 1338, 220 USPQ 77 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984).
In this case, the device of Ye et al. would not operate differently with the second location being different from the first location by a distance of 2 cm or less and/or the second location being different from the first location by a distance of at least 0.05 cm, since the device of Ye et al. and the claimed device are identical in every other way. Further, it appears that applicant places no criticality in the claimed range.
In the alternative, claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (2021/0170427) in view of Ko (7,055,767)
Regarding claim 5, Ye et al. shows all aspects of the applicant’s invention as in claim 1, but fails to disclose a spray face which includes the fluid delivery outlets.
Ko teaches a showerhead including a spray face that includes separate, movable outlet members with multiple outlets each (fig 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to put the outlet members 21 and 22 of Ye et al. in a spray face such as that of Ko, and make them individually adjustable, in order to spray fluid in different directions.
Regarding claim 6, wherein the first chamber is further from the spray face than the second chamber (if 12 of Ye is considered the first chamber and 62 is considered the second chamber, the limitations of claim 6 are met)
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (2021/0170427) in view of Briad (159,142)
Regarding claim 11, Ye et al. shows all aspects of the applicant’s invention as in claim 1,
but fails to disclose: a conduit assembly including: a conduit; a flow constrictor constricting flow of a fluid stream along the conduit, thereby producing, in use, a pressure drop in the fluid stream downstream of the flow constrictor; one or more air induction channels conveying a stream of air from outside the conduit into the conduit at one or more locations downstream of the flow constrictor; and an air induction channel closure having a first state in which one or more of the air induction channels are open, and having a second state in which one or more of the air induction channels are closed; wherein: when the air induction channel closure is in the first state, the pressure drop in the fluid stream downstream of the flow constrictor causes one or more streams of air to be drawn along the open one or more air induction channels, wherein the one or more streams of air mix with the fluid stream in the conduit to form an aerated fluid stream; and when the air induction channel closure is in the second state, no streams of air are conveyed along the closed one or more air induction channels from outside the conduit into the conduit.
Briad shows a conduit assembly (fig 1) including: a conduit (A), a flow constrictor (B, B has a smaller inner diameter than A) constricting flow of a fluid stream along the conduit, thereby producing, in use, a pressure drop in the fluid stream downstream of the flow constrictor (a pressure drop will occur in Briad due to the constriction and expansion after the constriction of the conduit); one or more air induction channels (c) conveying a stream of air from outside the conduit into the conduit at one or more locations downstream of the flow constrictor (the air enters the flow downstream of the constrictor B); and an air induction channel closure (D) having a first state in which one or more of the air induction channels are open (shown), and having a second state (rotated from what is shown) in which one or more of the air induction channels are closed; wherein: when the air induction channel closure is in the first state, the pressure drop in the fluid stream downstream of the flow constrictor causes one or more streams of air to be drawn along the open one or more air induction channels (this will occur in Braid due to the geometry), wherein the one or more streams of air mix with the fluid stream in the conduit to form an aerated fluid stream; and when the air induction channel closure is in the second state, no streams of air are conveyed along the closed one or more air induction channels from outside the conduit into the conduit (the air induction holes are closed so no air mixes).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use the conduit assembly of Baird, upstream of the device of Ye et al., in order to control the aeration of the fluid entering the device of Ye et al.
Regarding claim 12, the air induction channel closure translates relative to the conduit (the closure rotates or translates in a radial direction).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 3/31/20267