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.
Claim 11 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 11 recites the limitation "the exterior threading" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tse (US 2004/0046067).
Regarding claim 1, Tse teaches a modular shower head (100), comprising:
a hollow shower head body (10) formed with a water channel (par. 20; figs. 3, 4);
a water dispensing tablet (50) within the hollow shower head body (fig. 3) and formed with an aperture aligned with the water channel (fig. 3);
a seal (59) placed onto the water dispensing tablet (figs. 3, 4; par. 26 – the collar 59 blocks the fluid opening between the first and second valve members 51 and 52, respectively);
a spray panel (30) adjacent the seal (fig. 3) and formed with a plurality of spray holes (par. 21); and
a cover (14) removably attachable to the hollow shower head body (fig. 3 – via the threaded fasteners shown) that secures the water dispensing tablet, the seal, and the spray panel inside the hollow shower head body (par. 21; figs. 3, 4).
Regarding claim 2, Tse teaches the modular shower head described regarding claim 1, and further wherein the hollow shower head body is shaped to be a wall mounted shower head (par. 19) having a circular protrusion on the exterior (see annotated figure).
Regarding claim 3, Tse teaches the modular shower head described regarding claim 2, and further comprising an O-ring placed into the circular protrusion (see annotated figure).
Regarding claim 4, Tse teaches the modular shower head described regarding claim 3, and further comprising a ball joint (24) placed onto the O-ring (see annotated figure).
Regarding claim 5, Tse teaches the modular shower head described regarding claim 4, and further comprising a nut (26) that encapsulates the ball joint by attaching onto the protrusion of the hollow shower head body (see annotated figure).
Regarding claim 6, Tse teaches the modular shower head described regarding claim 1, and further wherein the hollow shower head body is a handheld shower head and further comprises a handle portion (par. 32).
Regarding claim 7, Tse teaches the modular shower head described regarding claim 6, and further wherein the shower head body is configured to attach to a shower hose at the bottom of the handle portion (fig. 4 – at 22).
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Annotated Figure 4 of Tse
Regarding claim 8, Tse teaches a wall mounted modular shower head (100, see par. 19), comprising:
a hollow body (10) with a front, a back, and a circular protrusion extending from the back (see annotated figure);
a water dispensing tablet (50, which appears to be a similar structure to that disclosed in the instant invention even if it does not appear to be consistent with the plain and ordinary meaning of the term “tablet”) positioned within the interior of the hollow body (figs. 3, 4);
a seal (59) placed onto the water dispensing tablet (figs. 3, 4);
a spray panel (30) formed with a plurality of water-dispensing holes (par. 21) and positioned onto the seal (fig. 3, 4); and
a cover (14) that removably attaches (figs. 3, 4 – via the threaded fasteners shown) to the front of the hollow body to capture the spray panel between the seal and the cover (figs. 3, 4).
Regarding claim 9, Tse teaches the wall mounted modular shower head described regarding claim 8, and further comprising an O-ring placed onto the circular protrusion (see annotated figure).
Regarding claim 10, Tse teaches the wall mounted modular shower head described regarding claim 9, and further comprising a ball joint (24) placed onto the O-ring (see annotated figure).
Regarding claim 11, Tse teaches the wall mounted modular shower head described regarding claim 10, and further comprising a nut (26) that encases the ball joint and threads onto the exterior threading of the hollow body to establish a watertight seal between the circular protrusion and the O-ring, and between the O-ring and the ball joint (fig. 4).
Claims 8 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nordstrom (US 2011/0101132).
Regarding claim 8, Nordstrom teaches a wall mounted modular shower head (1, see fig. 14), comprising:
a hollow body (2) with a front (fig. 1, 2 – lower end), a back (fig. 1, 2 – upper end), and a circular protrusion extending from the back (fig. 1);
a water dispensing tablet (7, which appears to be a similar structure to that disclosed in the instant invention even if it does not appear to be consistent with the plain and ordinary meaning of the term “tablet”) positioned within the interior of the hollow body (par. 51; figs. 1, 2);
a seal (9) placed onto the water dispensing tablet (figs. 1, 2);
a spray panel (8) formed with a plurality of water-dispensing holes (33) and positioned onto the seal (fig. 1, 2); and
a cover (10) that removably attaches to the front of the hollow body to capture the spray panel between the seal and the cover (par. 52; figs. 1, 2).
Regarding claim 12, Nordstrom teaches the wall mounted modular shower head described regarding claim 8, and further comprising: the hollow body formed with interior threading (par. 52; fig. 2); the cover formed with external threads corresponding to the interior threading (fig. 16) wherein the cover can be threadably attached to the hollow body to establish a watertight seal between the water dispensing tablet and the seal, and between the seal and the spray panel (par. 52, 95).
Regarding claim 13, Nordstrom teaches a handheld modular shower head (1, see fig. 14 – a user can hold the shower head to adjust or install it), comprising:
a hollow body (2) having a circular top portion with interior threading (fig. 2 – lower end), the body narrowing down into a handle portion (fig. 1 – upper end);
a water dispensing tablet (7) inserted into the interior of the hollow body (par. 51; figs. 1, 2);
a seal (9) placed onto the water dispensing tablet (figs. 1, 2);
a spray panel (8) having multiple spray holes (33), the spray panel positioned onto the seal (figs. 1, 2); and
a removeable cover (10) formed with external threading (fig. 16) and removably threaded into the interior threading of the circular top portion of the hollow body to capture the spray panel between the seal and the cover (par. 52; figs. 1, 2).
Regarding claim 14, Nordstrom teaches the handheld modular shower head described regarding claim 13, and further wherein the hollow body is configured to attach to a shower hose at the bottom of the handle portion (figs. 1, 2, 14; par. 54 – rim 14 is threaded which configures it for attachment to a hose having corresponding threads).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Thong (US 2005/0263617), Leber (US 2008/0156897), Xu et al. (US 2011/0139904), Hou et al. (US 2017/0087565), Ramos De Barros (US 2015/0196927), and Joubran (US 5,398,872) all disclose shower heads having elements of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CODY J LIEUWEN whose telephone number is (571)272-4477. The examiner can normally be reached Monday - Thursday 8-5, Friday varies.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CODY J LIEUWEN/Primary Examiner, Art Unit 3752