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
Applicant’s claim for the benefit of a prior-filed U.S. Provisional Application No. 63/183,322 (filed on 05/03/2024) and 63270771 (filed on 10/22/2021) under 35 U.S.C. 119(e) is acknowledged.
This application discloses and claims only subject matter disclosed in prior Application No. 17/722,214 (filed 04/15/2022), and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation.
Election/Restrictions
Applicant’s election without traverse of Invention-I (directed to a hose retraction assembly and encompassing claims 1-6) in the reply filed on 03/02/2026 is acknowledged.
Claims 7-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention-II (directed to a retraction assembly with a bracket and without a spool), and there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/02/2026.
Examiner further notes that the applicant has chosen to cancel the nonelected claims 7-11 in the amendments filed on 03/02/2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference characters which are mentioned in the description: 800 (in paragraph 0124), 816 (in paragraph 0125), 836 (in paragraph 0127), 838 (in paragraph 0127), 900 (in paragraph 0134), 916 (in paragraph 0135), 936 (in paragraph 0137), and 938 (in paragraph 0137). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters which are not mentioned in the description: 1660 (in figure 40). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Carmody (Australian Patent Publication/Application AU2014101148 A4) in view of Kim et al. (U.S. PGPUB 2019/0045294 A1 hereinafter referred to as “Kim”).
In regards to claim 1, Carmody teach (Figures 1-7) a hose retraction assembly (extension and retraction assembly 10, which includes the extension/retraction portion 11, the connection portion 12, and the extendable member/wire 32) comprising: a housing (lower housing 15 and upper housing 16 of the extension/retraction portion 11); a spool (spool 23 of the extension/retraction portion 11) disposed within the housing (lower housing 15 and upper housing 16) and configured to rotate about an axis (central axis of the spool 23); a material (extendable member/wire 32 of the extension/retraction portion 11) disposed around the spool (spool 23), received (via the aperture 34) through the housing (lower housing 15 and upper housing 16), and coupled (via the connection portion 12) to a hose (shower hose 41); and a rotary damper (rotary damper 26 of the extension/retraction portion 11) coaxially coupled (via the shaft 24) to the spool (spool 23). Yet, Carmody fails to explicitly disclose, the rotary damper (rotary damper 26) configured to be selectively repositioned between an engaged state where the rotary damper (rotary damper 26) prevents free rotation of the spool (spool 23), and a disengaged state where the rotary damper (rotary damper 26) permits free rotation of the spool (spool 23) (see also paragraphs 0051-0069).
However, Kim teach (Figures 6-10b) a material retraction assembly (rotary module 350) comprising: a housing (brackets 3501 and 3502 of the stationary unit 350a); a spool (bobbin 353 of the rotary unit 350b) disposed within the housing (brackets 3501 and 3502) and configured to rotate about an axis (central axis of the bobbin 353); a material (cable 345) disposed around the spool (bobbin 353) and received through the housing (brackets 3501 and 3502); and a rotary damper (rotary guide formed by the track 357 and the guide plate 359; where said track 357 includes the circular tracks 3571/3572, the connection track 3573, and the fixing track 3574, and said guide plate 359 includes the guide slot 3591, the bump 3595, and the stopper boss 3597) coaxially coupled to the spool (bobbin 353); wherein the rotary damper (rotary guide formed by the track 357 and the guide plate 359) configured to be selectively repositioned between an engaged state (when the bump 3595 of the guide plate 359 is located/fixed within the corner part 3574c of the fixing track 3574 in the track 357) where said rotary damper (rotary guide formed by the track 357 and the guide plate 359) prevents free rotation of the spool (bobbin 353), and a disengaged state (when the bump 3595 of the guide plate 359 is not located/fixed within the corner part 3574c of the fixing track 3574 in the track 357) where said rotary damper (rotary guide formed by the track 357 and the guide plate 359) permits free rotation of the spool (bobbin 353) (see also paragraphs 0077-0104).
Accordingly, based on the suggestions in Kim reference, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rotary damper in Carmody’s hose retraction assembly, with the capability to be selectively repositioned between an engaged state (where the rotary damper prevents free rotation of the spool) and a disengaged state (where the rotary damper permits free rotation of the spool, as suggest by (i.e. by configuring the rotary damper taught by Carmody with the detent and spiral track features of the rotary damper proposed by Kim). Such a modification enables the hose to remain temporally locked in an extended position (which occurs when the material is unwound from the spool and withdrawn from the housing) without a user having to continuously exert a pulling force on the hose, at least until the user decides to store the hose in reattracted position (which occurs when the material is allowed to be retracted into the housing a wound around the spool). In other words, arranging a rotary damper, which can selectively allow or block the rotation of the spool, in the hose retraction assembly would yield a simple and effective means to easily hold the hose at a desirable extended position when needed (or to temporally lock the length of the hose in place without being urged back towards a retracted/stored position, after said hose has been extended/pulled out to a preferred length); thereby optimizing the overall operative functionality of the hose retraction assembly, while providing a simple means to effortlessly hold the hose in the extended position.
In regards to claims 2-3, Carmody in view of Kim teach all intervening claim limitations as shown above. Carmody further teach (Figures 1-7), the rotary damper (rotary damper 26) being configured to apply a first force (forced applied to the extendable member/wire 32 when the extension and retraction assembly 10 is in the storage condition, where the extendable member/wire 32 is substantially wound around the spool 23 and substantially housed within the extension/retraction portion 11; see also see also paragraphs 0055 and 0065-0066) that maintain the material (extendable member/wire 32) taut (i.e. wound around the spool 23 though the biasing force of the spiral spring 25) when the hose (shower hose 41) is in a retracted position, thereby statically holding the hose (shower hose 41); and the rotary damper (rotary damper 26) being configured to apply a second force (forced applied to the extendable member/wire 32 when the extension and retraction assembly 10 is in the use condition where a length of the extendable member/wire 32 extends from the extension/retraction portion 11 due to a user pulling on the shower hose 41; see also see also paragraphs 0055 and 0065-0066) that retracts the material (extendable member/wire 32) when the hose (shower hose 41) is in an extended position, thereby biasing (via the spiral spring 25) the hose (shower hose 41) toward a retracted position.
In regards to claim 4, Carmody in view of Kim teach all intervening claim limitations as shown above. Kim further teach (Figures 6-10b), the material retraction assembly (rotary module 350) additionally comprising a spiral track (circular tracks 3571/3572, the connection track 3573, and the fixing track 3574 of the track 357) positioned within the housing (brackets 3501 and 3502), and a detent (bump 3595 of the guide plate 359) at least partially received within the spiral track (circular tracks 3571/3572, the connection track 3573, and the fixing track 3574 of the track 357); wherein the detent (bump 3595 of the guide plate 359) is selectively repositionable within the spiral track (circular tracks 3571/3572, the connection track 3573, and the fixing track 3574 of the track 357) when the spool (bobbin 353) is rotated.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to configure Carmody’s hose retraction assembly, with a spiral track positioned within the housing and a detent that is selectively repositionable within the spiral track during the rotation of the spool, as proposed by Kim. Arranging such a spiral track and a detent in the hose retraction assembly would provide a simple and effective means to effortlessly hold the hose at a desirable extended position (or to temporally lock the length of the hose in place without being urged back towards a retracted/stored position, after said hose has been extended/pulled out to a preferred length); which would also be advantageous for reason set forth above in the claim 1 rejection statement.
In regards to claims 5-6, Carmody in view of Kim teach all intervening claim limitations as shown above. further teach (Figures 1-7), the hose retraction assembly (extension and retraction assembly 10) additionally comprising a biasing member (spiral spring 25) positioned between the housing (lower housing 15 and upper housing 16) and the spool (spool 23); and the biasing member (spiral spring 25) configured to bias the spool (spool 23) towards the rotary damper (rotary damper 26); wherein the biasing member (spiral spring 25) applies a counterforce onto the rotary damper (spiral spring 25) for retracting the hose (shower hose 41) when said hose (shower hose 41) is in an extended position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See the attached PTO-892 for complete list of pertinent prior art references made of record by the examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEEN J DIAS whose telephone number is (571) 272-2195. The examiner can normally be reached on Monday-Thursday 8:00AM - 4:30PM, Alternate Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, VICTORIA P AUGUSTINE can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.J.D./Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
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