DETAILED ACTION
This is responsive to the amendment dated 8/13/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Drawings
The drawings were received on 8/13/26. The drawings are accepted.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 13, “road” should be –rod--. Appropriate correction is required.
Claim Rejections - 35 USC § 103
Claim(s) 1-8 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Micciche (US 5,732,420) in view of van den Bosch (US 2006/0218717).
Regarding claim 1, Micciche discloses a shower curtain retainer for controlling a position of a shower curtain or shower liner bordering a shower (1), the shower curtain retainer comprising: an elongate rod member (14, 12); a base member (18’); a pivot hinge (38) connecting the elongate rod member to the base member, wherein the pivot hinge allows the elongate rod member to rotate between an in-use position (see fig. 1) and a non-use position (see fig. 3) in a first plane (vertical plane extending through 38, indicated at 3’); and wherein in the in-use position with the base member attached to a shower wall, the elongate rod member is oriented substantially perpendicular to the shower wall to restrain the shower curtain or the shower liner (see fig. 1)(col. 3, ln. 38-62) and in the non-use position, the elongate rod member is substantially aligned with the shower wall (see fig. 3)(col. 6, ln. 31-37), and wherein the elongate rod member comprises a main rod section (14) and an extension rod section (12) pivotally (at 21) coupled with the main rod section, and the extension rod section being rotatable about the man rod section in a second plane (vertical plane extending through 21, indicated at dotted line in fig. 1).
Micciche does not show that the second plane is orthogonal to the first plane, instead showing that the two planes are parallel vertical planes. Attention is turned to van den Bosch which teaches a similar shower curtain apparatus having a base member (206), an elongate rod member (208), and a pivot hinge (para. [0040]) that enables the elongate rod member to rotate between a use and deployed position in a horizontal plane/about a y-axis. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided a base member with a vertical hinge pin/bolt such that the elongate member rotates horizontally about the pivot hinge instead of vertically dropping down in order to allow for a different storage configuration, depending on the size of the shower stall or user preference. Under the proposed modification, the main rod section will rotate about a y-axis, or in a horizontal plane which is orthogonal to the vertical plane extending through the hinge 21 connecting the extension rod to the main rod.
Regarding claim 2, Micciche also shows a means for attaching (col. 5, ln. 47-51) the base member (18) to the shower wall (3’).
Regarding claim 3, Micciche as modified shows all of the instant invention as discussed above, and under the proposed modification, further shows that to be deployed to the in-use position, the elongate rod member is rotatable horizontally about the pivot hinge to extend substantially perpendicular to the shower wall to control the position of the curtain and increase a usable interior space of the shower. See rejection of claim 1 above, and curved arrows of fig. 2 in van den Bosch.
Regarding claim 4, Micciche as modified shows all of the instant invention as discussed above, and shows that to be deployed into the non-use position, the rod member is rotatable horizontally about the pivot hinge to lie substantially flush against the shower wall. See rejection of claim 1 above, and curved arrows of fig. 2 in van den Bosch.
Regarding claim 5, Micciche shows that the elongate rod member (12, 14) is cylindrical in cross section (see fig. 3 in particular) and is made from plastic (col. 2 ln. 39-48).
Regarding claim 6, Micciche shows that the pivot hinge comprises a bolt (38, securing rod member) and is mechanically configured to constrain the elongate rod member to rotate only between the in use and non-use positions (see fig. 1, fig. 3; note that there are no intermediate rotational positions).
Regarding claim 7, Micciche shows that the base member is attachable to the shower wall using hardware (col. 5, ln. 47-51; note: fasteners).
Regarding claim 8, Micciche as modified shows all of the instant invention as discussed above, and further that the base member is incorporated into a pre-fabricated wall, but it is not clear if it is the shower stall or not. Attention is again turned to van den Bosch, which teaches that it is known to incorporate the base member (204) of an elongate rod member into a pre-fabricated shower stall (218). It would have been obvious to one having ordinary skill in the art to have applied the base to the prefabricated shower wall in order to avoid attachment to the non-water contacting surface.
Regarding claim 12, Micciche shows that extension rod section is rotatable about the main rod section in a vertical plane when attached to the shower wall to switch between a retracted position and a projected position. See fig. 3, extension section 12 rotates about a vertical plane defined through hinge structure 2, see dotted line in fig. 1.
Regarding claims 13 and 14, Micciche shows extension rod section and the main rod section comprise paired attachment elements (19b, 19a), the paired attachment elements keeping the extension rod section in parallel with the main rod section when the extension rod section is in the retracted position (see fig. 3); wherein the pair attachment mechanism are latch mechanisms (col. 5, ln. 11; note clip) or snap fit connectors (col. 5, ln. 12-18; semi cylindrical clip members having diameters substantially equal to the diameter or the rod elements).
Allowable Subject Matter
Claims 15 - 19 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.
Claim 21 is allowed.
Response to Arguments
Applicant' s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Heidebrink (US 12,207,770) and Chen (US 11,839,337) show pivoting and rotatable shower curtain devices of interest to the instant invention.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
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/ERIN DEERY/Primary Examiner, Art Unit 3754
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