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 Interpretation
The use of the terms “substantially” and “generally” in the claims are being interpreted as defined in the Specification.
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.
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Claims 1, 3, 6-7, 10-11, 17 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6 and 10-12 of U.S. Patent No. 12,059,102. Although the claims at issue are not identical, they are not patentably distinct from each other for the following reasons:
Regarding claims 1, 3 and 6, claim 6 of ‘102, which depends from claims 3 and 1, discloses the invention as claimed.
Regarding claim 7, claim 7 of ‘102 further defines the additional claim limitations.
Regarding claim 10, claim 11 of ‘102, which depends from claim 10, discloses the invention as claimed.
Regarding claim 11, claim 12 of ‘102 further defines the additional claim limitations.
Regarding claims 17 and 19-20, claim 7 of ‘102 discloses the invention as claimed.
Allowable Subject Matter
Claims 2, 4-5, 8-9, 12-16 and 18 are 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:
The prior art of record does not disclose a showerhead comprising an inlet supplying an inner spray portion with a first outlet discharging in a first direction and an outer spray portion with a second spray outlet discharging in a second direction and third spray outlet discharging in a third direction opposite the second direction, the outer portion pivotable relative the inner portion, with diversion/supply of water being controlled by pivoting the outer spray portion relative the inner through a flow control member which is coupled to and pivots together with the outer spray portion as claimed.
The prior art of record does not disclose a showerhead comprising an inlet supplying an inner spray portion with a first outlet discharging in a first direction and an outer spray portion with a second spray outlet discharging in a second direction and third spray outlet discharging in a third direction, the outer portion pivotable relative the inner portion, with diversion/supply of water being controlled by pivoting the outer spray portion relative the inner through a first flow control member and second control member both of which are coupled and pivot together with the outer spray portion as claimed.
The prior art of record does not disclose a showerhead comprising an inlet supplying a first spray portion with a first outlet discharging in a first direction and a second spray portion with a second spray outlet discharging in a second direction and third spray outlet discharging in a third direction, the second portion pivotable relative the first portion, with diversion/supply of water being controlled by pivoting the second spray portion relative the first through a flow control member which is coupled to and pivots together with the outer spray portion relative the first as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0206757 (Wu) teaches a showerhead having a first, second and third outlet as well as a flow control valve configured to rotate to selectively direct water to the different outlets however the valve doesn’t rotate with a pivotable portion of the showerhead structure.
US 9,757,742 (Alcamo) teaches a showerhead with first and second outlets on first and second portions, wherein the second portion is rotatable in relation to the first which stops or permits flow of water to the second outlet however the second showerhead portion does not rotate relative to the first portion and there is not a flow control device rotating with the pivoting movement of the second showerhead portion.
US 11,179,735 (Wu) discloses a showerhead having first and second portions pivotable with each other and having first and second outlets respectively however it doesn’t teach a third outlet discharging in a third direction or a flow control valve that rotates with the pivoting showerhead part and outlet to control flow through the showerhead as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754