DETAILED ACTION
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) 1-6 and 8-21 are rejected under 35 U.S.C. 103 as being unpatentable over Tayenaka (US 2016/0258144).
Regarding claim 1, Tayenaka discloses a showerhead assembly comprising:
a showerhead (100) comprising:
a fluid inlet (150) configured to fluidly connect to a fluid source (280) (Figure 2A) and receive fluid from the fluid source (Paragraph 67);
a face comprising a plurality of fluid outlets configured to dispense fluid out of the showerhead (Figure 2C depicts water spraying from the front face of the showerhead; the fluid outlets are inherent based upon the drawing);
a conduit (101) configured to direct fluid from the fluid inlet to the face (Paragraph 72);
a diverter (202) positioned in the conduit (Figure 3A) and configured to control a flow of fluid through the conduit by switching between each of a plurality of spray configurations (Paragraph 75); and
a temperature sensor (207) positioned in the conduit (Figure 3A) and configured to detect a fluid temperature of fluid that flows through the conduit to the face (Paragraph 79), and
a control system comprising:
a presence sensor configured to detect a user presence (Paragraph 8); and a control panel (Paragraph 87, user interface with control buttons 103) comprising a control configured to receive a user input (Paragraph 87), wherein the plurality of spray configurations comprises a low spray configuration configured to cause fluid to exit the plurality of fluid outlets at a first flow rate (Paragraph 79, “In some embodiments, the flow rate can be reduced rather than terminated if the water temperature satisfies and/or exceeds a temperature threshold”; This reduced flow rate is interpreted as the first flow rate) and a standard spray configuration configured to cause fluid to exit the plurality of fluid outlets at a second flow rate (Paragraph 79, The system can be configured to increase (“turn back on”) if the temperature falls by a threshold amount), wherein the second flow rate is greater than the first flow rate (Paragraph 79), wherein, when a user causes the showerhead assembly to assume an open configuration, the diverter initially causes the fluid to flow from the showerhead at the standard spray configuration until the temperature sensor detects the fluid temperature to be in a range of the desired fluid temperature, and, if the temperature sensor detects the fluid temperature to be within 3 degrees Fahrenheit of the desired fluid temperature (Paragraph 79; The device is configured in a manner where the temperature can be optimized to switch to a low profile spray if more than 2 degrees outside of a desired range, which encompasses 3 degrees) and the presence sensor does not detect the user presence the diverter is configured to switch to the low spray configuration (Paragraph 82, The spray switches to the standard flow rate if the user is detected by the proximity sensor, which implies that the user is not detected by the proximity sensor in switching to the low profile configuration), but fails to disclose wherein the plurality of spray configurations comprise an oscillating spray configuration configured to cause a flow rate of the fluid exiting the plurality of fluid outlets to oscillate between a third flow rate and a fourth flow rate while maintaining an average flow rate equal to the second flow rate, and the fourth flow rate is greater than the third flow rate.
Tayenaka discloses that the system includes a system that allows for input of desired flow rates and conservation rates (Paragraph 113). While the disclosure does not disclose the specific spray mode, it is apparent that the device is capable of being configured to perform as claimed. The device includes a spray mode where water may be repeatedly modulated between a higher flow rate and a lower flow rate (Paragraph, 79, “In some embodiments, reducing the water flow rather than terminating the water flow can prolong the battery life of the system 100 if maintaining the reduced flow rate consumes less energy than repeatedly initiating and terminating flow, whether 100% flow or any suitable flow between 0% and 100%. In some embodiments, the flow can be turned on and off at less than 100% flow, such as, for example, 20%, 30%, 40%, 50%, 60%, 70%, 80%, 90%, and the like. Repeatedly initiating and terminating the flow at less than 100% can also advantageously consume less energy in some embodiments”). In this mode, the modulation between the higher flow rate and the lower flow rate is capable of providing an average flow rate equal to the second flow rate, with the fourth flow rate greater than the third flow rate. Therefore, it would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the spray mode configured as claimed, as Applicant has not disclosed that the structure is for a stated purpose or solves a stated problem. Further, it appears the device would perform equally well including the structure disclosed by Tayenaka.
Regarding claim 2, Tayenaka discloses the showerhead assembly of claim 1, wherein the control panel comprises a user interface configured to receive one or more user inputs from the user during operation of the showerhead (Paragraph 87).
Regarding claims 3 and 14, Tayenaka discloses the showerhead assembly of claim 2 and 13, but fails to disclose wherein a first user input of the one or more user inputs is configured to cause the diverter to switch between a first spray configuration of the plurality of spray configurations to a second spray configuration of the plurality of spray configurations.
Tayenaka discloses that the user interface may control any of the valve openings and closings. It would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the buttons of the user interface configured as claimed, as Applicant has not disclosed that the structure is for a stated purpose or solves a stated problem. Further, it appears the device would perform equally well as disclosed by Tayenaka.
Regarding claim 4, Tayenaka discloses the showerhead assembly of claim 1, wherein the control panel comprises a user interface comprising one or more buttons (103), each button of the one or more buttons corresponding to a spray configuration of the plurality of spray configurations (Paragraph 82).
Regarding claims 5-6, 16-18, and 21, Tayenaka discloses the showerhead assembly of claims 1, 12 and 20, but fails to disclose wherein the second flow rate is between 1.5 and 3.5 gallons per minute, or wherein the first flow rate is less than 1 gallon per minute, or wherein the seventh flow rate is between 1.5 and 3.5 gallons per minute, or wherein the fifth flow rate is between 1 gallon and 2.5 gallons per minute, or wherein the sixth flow rate is between 3 and 5 gallons per minute, or wherein the eighth flow rate is less than 1 gallon per minute.
Tayenaka discloses the flow rate as a result effective variable (Paragraph 144, “For example, in some embodiments, users can enter one or more future goals, such as, for example, 5 minutes and/or 8 gallons. If the user is currently taking 8 minute showers and using 14 gallons of water, the system 100 can gradually decrease the daily goal over a period of time until the 5 minute or 8 gallon goal is achieved”), as optimizing the flow rates provides for a desired amount of water usage. Further it appears one of ordinary skill in the art would have a reasonable expectation of success in modifying the flow rates of Tayenaka, to be in the desired range, it involves adjusting a value disclosed to require adjustment. Therefore, 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 Tayenaka by making the second flow rate between 1.5 and 3.5 gallons per minute, and/or the first flow rate less than 1 gallon per minute, wherein the seventh flow rate is between 1.5 and 3.5 gallons per minute, or wherein the fifth flow rate is between 1 gallon and 2.5 gallons per minute, or wherein the sixth flow rate is between 3 and 5 gallons per minute, or wherein the eighth flow rate is less than 1 gallon per minute, as a matter of routine optimization, since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claims 8-9, Tayenaka discloses the showerhead assembly of claim 1, but fails to disclose wherein the third flow rate is between 1 and 2.5 gallons per minute or wherein the fourth flow rate is between 3 and 5 gallons per minute.
Tayenaka discloses the flow rate as a result effective variable (Paragraph 144, “For example, in some embodiments, users can enter one or more future goals, such as, for example, 5 minutes and/or 8 gallons. If the user is currently taking 8 minute showers and using 14 gallons of water, the system 100 can gradually decrease the daily goal over a period of time until the 5 minute or 8 gallon goal is achieved”), as optimizing the flow rates provides for a desired amount of water usage. Further it appears one of ordinary skill in the art would have a reasonable expectation of success in modifying the flow rates of Tayenaka, to be in the desired range, it involves adjusting a value disclosed to require adjustment. Therefore, 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 Tayenaka by making the third flow rate between 1 and 2.5 gallons per minute and the fourth flow rate between 3 and 5 gallons per minute, as a matter of routine optimization, since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 10, Tayenaka discloses the showerhead assembly of claim 1, wherein the presence sensor (106) is attached to the control panel (Figure 3B).
Regarding claim 11, Tayenaka discloses the showerhead assembly of claim 1, but fails to disclose wherein the presence sensor is configured to attached to the showerhead.
Tayenaka discloses that the sensor may be positioned at any suitable location (Paragraph 73).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the sensor attached to the showerhead, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 12, Tayenaka discloses a showerhead assembly comprising:
a showerhead (100) comprising:
a fluid inlet (150) configured to fluidly connect to a fluid source (280) (Figure 2A) and receive fluid from the fluid source (Paragraph 67);
a face comprising a plurality of fluid outlets configured to dispense fluid out of the showerhead (Figure 2C depicts water spraying from the front face of the showerhead; the fluid outlets are inherent based upon the drawing);
a conduit (101) configured to direct fluid from the fluid inlet to the face (Paragraph 72);
a diverter (202) positioned in the conduit (Figure 3A) and configured to control a flow of fluid through the conduit by switching between each of a plurality of spray configurations (Paragraph 75); and
a temperature sensor (207) positioned in the conduit (Figure 3A) and configured to detect a fluid temperature of fluid that flows through the conduit to the face (Paragraph 79), and
a control system comprising:
a control panel (Paragraph 87, user interface with control buttons 103) comprising a control configured to receive a user input (Paragraph 87), but fails to disclose wherein the plurality of spray configurations comprises:
an oscillating spray configuration configured to cause a flow rate of the fluid exiting the plurality of fluid outlets to oscillate between a fifth flow rate and a sixth flow rate while maintaining an average flow rate equal to a seventh flow rate, wherein the sixth flow rate is greater than the fifth flow rate; wherein, when a user causes the showerhead assembly to assume an open configuration, the diverter initially causes the fluid to flow from the showerhead at the seventh flow rate until the temperature sensor detects the fluid temperature to be in a range of the desired fluid temperature, and, if the temperature sensor detects the fluid temperature to be within 3 degrees of the desired fluid temperature and the control receives the user input, the diverter is configured to switch to the oscillating spray configuration.
Tayenaka discloses a device Tayenaka discloses that the system includes a system that allows for input of desired flow rates and conservation rates (Paragraph 113). While the disclosure does not disclose the specific spray mode, it is apparent that the device is capable of being configured to perform as claimed. Therefore, it would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the spray modes configured as claimed, as Applicant has not disclosed that the structure is for a stated purpose or solves a stated problem. Further, it appears the device would perform equally well as disclosed by Tayenaka.
As modified, Tayenaka further discloses an assembly wherein when a user causes the showerhead assembly to assume an open configuration, the diverter initially causes the fluid to flow from the showerhead at the seventh flow rate (as modified) until the temperature sensor detects the fluid temperature to be in a range of the desired fluid temperature, and, if the temperature sensor detects the fluid temperature to be within 3 degrees Fahrenheit of the desired fluid temperature (Paragraph 79; The device is configured in a manner where the temperature can be optimized to switch to a desired profile spray if more than 2 degrees outside of a desired range, which encompasses 3 degrees) and the presence sensor does not detect the user presence the diverter is configured to switch to the oscillating spray configuration (Paragraph 82, The spray switches to the standard flow rate if the user is detected by the proximity sensor, which implies that the user is not detected by the proximity sensor in switching to the additional profile configuration).
Regarding claim 13, as modified, Tayenaka discloses the showerhead assembly of claim 1, wherein the control panel comprises a user interface configured to receive one or more user inputs from the user during operation of the showerhead (Paragraph 87).
Regarding claim 15, Tayenaka discloses the showerhead assembly of claim 12, wherein the control panel comprises a user interface comprising one or more buttons (103), each button of the one or more buttons corresponding to a spray configuration of the plurality of spray configurations (Paragraph 82).
Regarding claim 19, Tayenaka discloses the showerhead assembly of claim 12, wherein the control system further comprises a presence sensor configured to detect a user presence (Paragraph 8).
Regarding claim 20, Tayenaka discloses the showerhead of claim 19, wherein the plurality of spray configurations comprise a low spray configuration configured to cause fluid to exit the plurality of fluid outlets at an eighth flow rate, wherein the eighth flow rate is less than the seventh flow rate (Paragraph 79, “In some embodiments, the flow rate can be reduced rather than terminated if the water temperature satisfies and/or exceeds a temperature threshold”; This reduced flow rate is interpreted as the first flow rate), wherein, when the showerhead assembly is in the open position and the presence sensor does not detect the user presence, the diverter is configured to cause the fluid to flow in the low spray configuration (Paragraph 82).
Response to Arguments
Applicant's arguments filed 6/29/2026 have been fully considered but they are not persuasive.
Tayenaka discloses a spray that fluctuates repeatedly between a higher and lower flow rate (see above). The spray is interpreted as an oscillating spray pattern.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. 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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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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