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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in JP on 08/29/2023. It is noted, however, that applicant has not filed a certified copy of the JP2023-138611 application as required by 37 CFR 1.55. An attempt to retrieve the documents electronically was unsuccessful on 01/29/2025.
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.
Claim(s) 1, 3-4, 6-7, and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 8,769,733 (hereinafter Galyean).
Regarding claim 1, Galyean discloses a water discharge device comprising: a first water discharge unit (504) configured to discharge hot water toward a first discharge range corresponding to a neck of a user who is to be at a predetermined position (shoulders are below a neck); and a second water discharge unit (506) configured to discharge hot water toward a second discharge range to the user below the first discharge range (upper torso is below shoulders), wherein a temperature of the hot water when the hot water reaches the user after having been discharged from the first water discharge unit is lower than a temperature of the hot water when the hot water reaches the user after having been discharged from the second water discharge unit (“Each of the sources 202-208 can be connected to a zone by opening one of solenoid valves S1-S16 to each of zones 210-216. For example, opening solenoid valve S1 connects 70.degree. F. water from source 202 to zone 1 (210). Similarly, opening solenoid valve S2 connects 70.degree. F. water from source 202 to zone 2 (213). Opening solenoid valve S3 connects 70.degree. F. water from source 202 to zone 3 (214). Finally, opening solenoid valve S4 connects 70.degree. F. water from source 202 to zone 4 (216). In a like manner, opening valve S5 connects 98.degree. F. water from source 204 to zone 1 (210). etc.” col. 4, ln. 26-35).
Regarding claim 3, Galyean discloses the first water discharge unit and the second water discharge unit are disposed facing each other with the predetermined position being located between the first water discharge unit and the second water discharge unit (see annotated fig. 7C below).
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Regarding claim 4, Galyean discloses wherein the first water discharge unit and the second water discharge unit are configured to discharge hot water such that the hot water is spread out (see fig. 7C shows a spread out pattern of fluid dispensed).
Regarding claim 6, Galyean discloses wherein the second water discharge unit is configured to discharge the hot water toward a front side, a left side and a right side of the user (a user can turn or rotate their body to face the second discharge unit such that each of a front, left, and right side is contacted by water).
Regarding claim 7, Galyean discloses further comprising: an operation unit (500) configured to perform an operational input to the first water discharge unit and/or the second water discharge unit, wherein the first water discharge unit and the operation unit are disposed facing each other with the predetermined position being located between the first water discharge unit and the operation unit (see annotated fig. 7C above regarding button location).
Regarding claim 10, Galyean discloses further comprising: a mixing valve (“thermostatic mixing valve” col. 3, ln. 66-67) connected to a cold water supply pipe (222) and a hot water supply pipe (220) to generate the hot water; a first flow channel portion connecting the mixing valve and the first water discharge unit (see annotated fig. 2 – shows flow path channel that connects mixing valve at 204 to zone 2/212); and a second flow channel portion connecting the mixing valve and the second water discharge unit (see annotated fig. 2 – show flow path channel that connects mixing valve at 204 to zone 3/214) (col. 4, ln. 26-35), wherein the first flow channel portion and the second flow channel portion branch off from a branch portion provided downstream of the mixing valve (see annotated fig. 2), a flow velocity of the hot water discharged from the second water discharge unit after having been flown through the second flow channel portion is slower than a flow velocity of the hot water discharged from the first water discharge unit after having been flown through the first flow channel portion (col. 4, ln. 52-64), and a length of the second flow channel portion is longer than a length of the first flow channel portion (see annotated fig. 2).
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Regarding claim 11, Galyean discloses further comprising: a mixing valve (“thermostatic mixing valve” col. 3, ln. 66-67) connected to a cold water supply pipe (222) and a hot water supply pipe (220) to generate the hot water; a first flow channel portion connecting the mixing valve and the first water discharge unit (see annotated fig. 2 – shows flow path channel that connects mixing valve at 204 to zone 2/212); a second flow channel portion connecting the mixing valve and the second water discharge unit (see annotated fig. 2 – show flow path channel that connects mixing valve at 204 to zone 3/214) (col. 4, ln. 26-35); and a temperature lowering device (solenoid valves) provided to actively lower a temperature of the hot water discharged from the first water discharge unit after having been flown through the first flow channel portion (col. 4, ln. 52-64), wherein the first flow channel portion and the second flow channel portion branch off from a branch portion provided downstream of the mixing valve (see annotated fig. 2 above), and a length of the second flow channel portion is longer than a length of the first flow channel portion (see annotated fig. 2 above).
Claim Rejections - 35 USC § 103
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 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, 5, 8-9, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galyean in view of US Patent Application Publication 2016/0000273 (hereinafter Shah).
Regarding claim 2, Galyean shows different zones for different parts of the body but fails to show the first discharge range is configured to be variably set to accommodate a height of the user (par. 26, par. 76). Attention is turned to Shah in the same field of endeavor of hydrotherapy systems which shows providing vertical adjustability for a spray nozzle to accommodate the height of a user. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the water discharge device of Galyean to such that the first discharge range is configured to be variably set to accommodate a height of the user as evidenced by the teachings above.
Regarding claim 5, Galyean fails to show an angle formed by a discharge center direction of the first water discharge unit with respect to a vertical direction is larger than an angle formed by a discharge center direction of the second water discharge unit with respect to the vertical direction. Attention is again turned to Shah which shows allowing a user to make angle adjustments for a nozzle depending on a user’s needs and preferences (par. 76; fig. 2). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the angle formed by a discharge center direction of the first water discharge unit with respect to a vertical direction is larger than an angle formed by a discharge center direction of the second water discharge unit with respect to the vertical direction to allow a user to direct the spray at a desired location as evidenced by the teachings above.
Regarding claim 8, Galyean shows further comprising: a mixing valve (“thermostatic mixing valve” col. 3, ln. 66-67) connected to a cold water supply pipe (222) and a hot water supply pipe (220) to generate the hot water; a first flow channel portion connecting the mixing valve and the first water discharge unit (see annotated fig. 2 – shows flow path channel that connects mixing valve at 204 to zone 2/212); and a second flow channel portion connecting the mixing valve and the second water discharge unit (fig. 2 – shows flow path channel that connects mixing valve at 204 to the second water discharge unit zone 3/214) (col. 4, ln. 26-35), but is silent as to particle size and thus fails to show wherein a particle size of the hot water discharged from the first water discharge unit after having been flown through the first flow channel portion is smaller than a particle size of the hot water discharged from the second water discharge unit after having been flown through the second flow channel portion. Attention is turned again to Shah which teaches configuring a spray nozzle selectively as a mist allows for a quick shower and comfortable for a user (par. 14, 15). Shah further teaches that the nozzle sprays can have different internal diameters (par. 43, 44) to optimize the desired effect of the mist spray. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the system of Galyean such that a particle size of the hot water discharged from the first water discharge unit after having been flown through the first flow channel portion is smaller than a particle size of the hot water discharged from the second water discharge unit after having been flown through the second flow channel portion to allow a user different affects from sized droplets as evidenced by the teachings above.
Regarding claim 9, Galyean shows further comprising: a mixing valve (“thermostatic mixing valve” col. 3, ln. 66-67) connected to a cold water supply pipe (222) and a hot water supply pipe (220) to generate the hot water; a first flow channel portion connecting the mixing valve and the first water discharge unit (see annotated fig. 2 – shows flow path channel that connects mixing valve at 204 to zone 2/212); and a second flow channel portion connecting the mixing valve and the second water discharge unit (see annotated fig. 2 – shows flow path channel that connects mixing valve at 202 to the second water discharge unit zone 3/214) (col. 4, ln. 26-35), wherein the first flow channel portion and the second flow channel portion branch off from a branch portion provided downstream of the mixing valve (see annotated fig. 2 above), and a length of the second flow channel portion is longer than a length of the first flow channel portion (note annotated fig. 2 above) but is silent as to particular size and relative flow channel lengths and thus fails to show a particle size of the hot water discharged from the second water discharge unit after having been flown through the second flow channel portion is larger than a particle size of the hot water discharged from the first water discharge unit after having been flown through the first flow channel portion. Attention is turned again to Shah which teaches configuring a spray nozzle selectively as a mist allows for a quick shower and comfortable for a user (par. 14, 15). Shah further teaches that the nozzle sprays can have different internal diameters (par. 43, 44) to optimize the desired effect of the mist spray. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the system of Galyean such that a particle size of the hot water discharged from the first water discharge unit after having been flown through the first flow channel portion is smaller than a particle size of the hot water discharged from the second water discharge unit after having been flown through the second flow channel portion to allow a user different affects from sized droplets as evidenced by the teachings above.
Regarding claim 12, under the modification set forth above, Shah shows wherein the first water discharge unit is configured to discharge the hot water in a mist form (par. 14, 15).
Regarding claim 13, Galyean discloses a plurality of second water discharge units are provided (see fig. 7C), and one or a plurality of second branch portions are provided between the plurality of second water discharge units and the branch portion (see annotated fig. 2 above and fig. 7C).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 8,091,158 is directed to the state of the art of shoulder and neck showers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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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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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754