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 .
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 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.
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 3 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 3 discloses “a magnetic plate”. However, independent claim 1 also discloses “a magnetic plate”. This is considered double inclusion, which renders the claim indefinite because it is unclear if there are one or more than one magnetic plates in the device. For examination purposes and based on disclosure, Examiner will interpret these as the same limitation, i.e. the device comprises one magnetic plate.
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 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sharratt (U.S. 2016/0236118).
Regarding claim 19, Sharratt teaches a shower head (100), comprising:
a shroud assembly (210) including an inner shroud (defined by inner surface 223) and female quick release (defined by first part 520 which has latching means and receives cartridge 500 and cartridge housing 510, as seen in Fig 37; therefore it is considered a female quick release);
a spout assembly (300) including a male quick release (defined by cylinder housing 330 which has corresponding latching means and is inserted into the female quick release 520, as seen in Fig 1-9; as such it is considered a male quick release),
wherein the male quick release and female quick release are configured to allow the spout assembly to removably attach to the shroud assembly (as disclosed in Par 0071, slots 598 of the male quick release match with snaps 544/545 of the female quick release in order to prevent detachment of the spout assembly from the shroud assembly; these can be unattached, as disclosed in Par 0071; note that the snaps 544/545 snap into place into the ridges of the slots 598) via one or more snaps (544/545) disposed on the female quick release and configured to interface with one or more ridges (defined on the side walls of slots 598, shown below) disposed on the male quick release (as seen in Figs 8 and 9, the snaps 544/545 are disposed on the female quick release 520, which interface with ridges of slots 598 of the male quick release; see also Par 0071).
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Regarding claim 20, Sharratt teaches the shower head of claim 19, further including a ball joint (defined by swivel connection 230 and ball 232) configured to be coupled to the shroud assembly (230 couples to the shroud assembly 210, see Figs 2 and 6) via a ball joint interface (interface defined by portion of the shroud assembly that contacts the ball 232, seen in Fig 6).
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.
Claims 1, 2, 4-6 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Sharratt (U.S. 2016/0236118) in view of Hawkins (U.S. 2016/0325292).
Regarding claim 1, Sharratt teaches a shower head (100), comprising:
a shroud assembly (210) including an inner shroud (defined by inner surface 223) and female quick release (defined by first part 520 which has latching means and receives cartridge 500 and cartridge housing 510, as seen in Fig 37; therefore it is considered a female quick release), wherein the inner shroud includes one or more nubs (tracks defined by rib portions 545 of latch 544, see Fig 8 and 9);
a spout assembly (300) including a male quick release (defined by cylinder housing 330 which has corresponding latching means and is inserted into the female quick release 520, as seen in Fig 1-9; as such it is considered a male quick release), one or more alignment tracks (slots 598), a filter assembly housing (filter cartridge 550), and a faceplate (310),
wherein the faceplate includes one or more openings (311),
wherein the male quick release and female quick release are configured to allow the spout assembly to removably attach to the shroud assembly (as seen in Figs 6-7, the quick releases attach the spout assembly 300 to the shroud assembly 210; and as seen in Fig 8-9, the quick releases detach the two assemblies; see also Par 0071), and
wherein the one or more alignment tracks (598) are configured to interface with the one or more nubs (544/545) to temporarily prevent full detachment of the spout assembly from the shroud assembly (as disclosed in Par 0071, tracks 598 match with nubs 544/545 in order to prevent detachment of the spout assembly from the shroud assembly; these can be unattached, as disclosed in Par 0071, as such these structures temporarily prevent full detachment, as claimed).
However, Sharratt does not teach the female quick release of the shroud assembly having the alignment tracks and the male quick release of the spout assembly having the snubs; the face plate having a magnet configured to interface with a magnetic plate.
Regarding the female quick release of the shroud assembly having the alignment tracks and the male quick release of the spout assembly having the snubs, Sharratt teaches the opposite - the female quick release of the shroud assembly has nubs (544/545) and the male quick release of the spout assembly has alignment tracks (598). It would've been obvious to one having ordinary skill in the art at the time the invention was made to reverse the parts of Sharratt such that the female quick release has the alignment tracks and the male quick release has the snubs, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, as it was determined in In re Gazda (see MPEP 2144.04 VI A). Therefore, since Applicant did not disclose particular criticality for the claimed configuration, this is considered an obvious modification.
Hawkins teaches a showerhead comprising a face plate (43, seen in Fig 5) having a magnet (55) configured to interface with a magnetic plate (45, Par 0030 discloses the plate 45 as magnetic in order to attach to face plate 43 via magnets 55).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sharratt to incorporate the teachings of Hawkins to provide the faceplate with a magnet to interact with a magnetic plate in order to have the capability to interchange faces on the showerhead for aesthetic purposes (as taught by Par 0013 of Hawkins). This would provide customization to the shower head which would add commercial appeal.
Note: References made in parenthesis hereafter are referencing Sharratt, unless otherwise stated.
Regarding claim 2, Sharratt and Hawkins teach the shower head of claim 1, wherein the filter assembly housing includes a filter assembly (500) disposed within an interior cavity (555) defined by the filter assembly housing (as seen in Fig 6 and disclosed in Par 0049, the filter assembly 500 includes an interior cavity 555 which houses a filter media 578).
Regarding claim 4, Sharratt and Hawkins teach the shower head of claim 1, wherein the female quick release includes one or more snaps (ribs 524) configured to interface with one or more ridges (576) disposed on the male quick release (as seen in Figs 8-9 and disclosed in Par 0074).
Regarding claim 5, Sharratt and Hawkins teach the 1, wherein at least one shelf member (shown below) is disposed within the one or more alignment tracks (as shown below). As modified by reversal of parts in the rejection of claim 1, the inner shroud of the shroud assembly includes these features.
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Regarding claim 6, Sharratt and Hawkins teach the shower head of claim 1, further including a ball joint (defined by swivel connection 230 and ball 232) configured to be coupled to the shroud assembly (230 couples to the shroud assembly 210, see Figs 2 and 6) via a ball joint interface (interface defined by portion of the shroud assembly that contacts the ball 232, seen in Fig 6).
Regarding claim 8, Sharratt and Hawkins teach the shower head of claim 6, wherein the ball joint includes a protrusion (portion of 230 that protrudes from the shroud, as seen in Fig 6-7) extending radially outward from an outside surface of the ball joint (the portion extends radially outwards from ball 232, as seen in Fig 6-7; Examiner notes that the same configuration as Applicant’s drawings is seen in Figs 6-7 of Sharratt. That is swivel connection 230 and ball 232 are the exact same structures as Applicant’s disclosure).
Regarding claim 9, Sharratt and Hawkins teach the shower head of claim 1, further including an adjustor (rotation finger 313) operatively connected to the faceplate (as seen in Fig 3 and disclosed in Par 0057).
Regarding claim 10, Sharratt and Hawkins teach the shower head of claim 9, wherein the adjustor is configured to selectively allow a passage of liquid through one or more openings located on the faceplate (as disclosed in Par 0057).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sharratt (U.S. 2016/0236118) in view of Hawkins (U.S. 2016/0325292); further in view of Ajagbe (U.S. 2012/0091231).
Regarding claim 3, Sharratt and Hawkins teach the shower head of claim 1. However, the do not teach the shower head further including an aroma puck, wherein the aroma puck is magnetically attached to the faceplate via a magnetic plate.
Ajagbe teaches a showerhead comprising an aroma puck (fragrance releasing device 24a, seen in Fig 3) that attaches to face plate (120, as seen in Figs 3 and 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sharratt and Hawkins to incorporate the teachings of Ajagbe to provide an aroma puck on the face plate of the showerhead in order to provide the shower head with the ability to diffuse a scent (as disclosed in the abstract of Ajagbe), which is an appealing feature of domestic showerheads.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Sharratt (U.S. 2016/0236118) in view of Hawkins (U.S. 2016/0325292); further in view of Douglas et al (U.S. 2004/0056123).
Regarding claim 7, Sharratt and Hawkins teach the shower head of claim 6, wherein the ball joint interface defines an inner circumference (inner circumference that makes contact with the ball 232). However, Sharratt does not teach the ball joint interface including a gasket disposed around the inner circumference .
Douglas teaches a showerhead with a filtering system comprising a ball joint (seen in Fig 2) having an interface (portions that interact with the outer surface of ball 54), wherein the interface includes a gasket (washer 76) disposed around an inner circumference of the interface (as seen in Fig 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sharratt to incorporate the teachings of Douglas to provide a gasket in the ball joint interface in order to assure stability of the ball joint whilst providing movability and fluid integrity (as disclosed in Par 0036 of Douglas).
Claims 11-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sharratt (U.S. 2016/0236118)
Regarding claim 11, Sharratt teaches a shower head (100), comprising:
a shroud assembly (210) including an inner shroud (defined by inner surface 223) and female quick release (defined by first part 520 which has latching means and receives cartridge 500 and cartridge housing 510, as seen in Fig 37; therefore it is considered a female quick release), wherein the inner shroud includes one or more nubs (tracks defined by rib portions 545 of latch 544, see Fig 8 and 9);
a spout assembly (300) including a male quick release (defined by cylinder housing 330 which has corresponding latching means and is inserted into the female quick release 520, as seen in Fig 1-9; as such it is considered a male quick release) and one or more alignment tracks (slots 598),
wherein the one or more alignment tracks are configured to interface with the one or more nubs to temporarily prevent full detachment of the spout assembly from the shroud assembly (as disclosed in Par 0071, tracks 598 match with nubs 544/545 in order to prevent detachment of the spout assembly from the shroud assembly; these can be unattached, as disclosed in Par 0071, as such these structures temporarily prevent full detachment, as claimed).
However, Sharratt does not teach the female quick release of the shroud assembly having the alignment tracks and the male quick release of the spout assembly having the snubs.
Sharratt teaches the opposite - the female quick release of the shroud assembly has nubs (544/545) and the male quick release of the spout assembly has alignment tracks (598). It would've been obvious to one having ordinary skill in the art at the time the invention was made to reverse the parts of Sharratt such that the female quick release has the alignment tracks and the male quick release has the snubs, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, as it was determined in In re Gazda (see MPEP 2144.04 VI A). Therefore, since Applicant did not disclose particular criticality for the claimed configuration, this is considered an obvious modification.
Regarding claim 12, Sharratt teaches the shower head of claim 11, further including a filter assembly housing (filter cartridge 550), wherein the filter assembly housing includes a filter assembly (500) disposed within an interior cavity (555) defined by the filter assembly housing (as seen in Fig 6 and disclosed in Par 0049, the filter assembly 500 includes an interior cavity 555 which houses a filter media 578).
Regarding claim 13, Sharratt teaches the shower head of claim 12, wherein the filter assembly housing includes a plurality of passages (572, seen in Fig 8).
Regarding claim 14, Sharratt teaches the shower head of claim 11, wherein the female quick release includes one or more snaps (ribs 524) configured to interface with one or more ridges (576) disposed on the male quick release (as seen in Figs 8-9 and disclosed in Par 0074).
Regarding claim 15, Sharratt teaches the 11, wherein at least one shelf member (shown below) is disposed within the one or more alignment tracks (as shown below). As modified by reversal of parts in the rejection of claim 1, the inner shroud of the shroud assembly includes these features.
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Regarding claim 16, Sharratt teaches the shower head of claim 11, further including a ball joint (defined by swivel connection 230 and ball 232) configured to be coupled to the shroud assembly (230 couples to the shroud assembly 210, see Figs 2 and 6) via a ball joint interface (interface defined by portion of the shroud assembly that contacts the ball 232, seen in Fig 6).
Regarding claim 18, Sharratt teaches the shower head of claim 16, wherein the ball joint includes a protrusion (portion of 230 that protrudes from the shroud, as seen in Fig 6-7) extending radially outward from an outside surface of the ball joint (the portion extends radially outwards from ball 232, as seen in Fig 6-7; Examiner notes that the same configuration as Applicant’s drawings is seen in Figs 6-7 of Sharratt. That is swivel connection 230 and ball 232 are the exact same structures as Applicant’s disclosure).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Sharratt (U.S. 2016/0236118) in view of Douglas et al (U.S. 2004/0056123).
Regarding claim 17, Sharratt teaches the shower head of claim 16, wherein the ball joint interface defines an inner circumference (inner circumference that makes contact with the ball 232). However, Sharratt does not teach the ball joint interface including a gasket disposed around the inner circumference .
Douglas teaches a showerhead with a filtering system comprising a ball joint (seen in Fig 2) having an interface (portions that interact with the outer surface of ball 54), wherein the interface includes a gasket (washer 76) disposed around an inner circumference of the interface (as seen in Fig 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sharratt to incorporate the teachings of Douglas to provide a gasket in the ball joint interface in order to assure stability of the ball joint whilst providing movability and fluid integrity (as disclosed in Par 0036 of Douglas).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN C BARRERA whose telephone number is (571)272-6284. The examiner can normally be reached on M-F Generally 10am-4pm and 6-8pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR O. HALL can be reached on 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
If there are any inquiries that are not being addressed by first contacting the Examiner or the Supervisor, you may send an email inquiry to TC3700_Workgroup_D_Inquiries@uspto.gov.
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/JUAN C BARRERA/
Examiner, Art Unit 3752
/ARTHUR O. HALL/Supervisory Patent Examiner, Art Unit 3752