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 .
Information Disclosure Statement
The IDS filed on March 3, 2025 is hereby acknowledged and has been placed of record. Please find attached a signed copy of the IDS.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9, 10, 14 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 9, on line 2, the recitation, “the flow of water provided to the flow distribution member” lacks clear antecedent basis.
Regarding claim 10, particularly in combination with what is recited in claim 9 (from which claim 10 directly depends), the claim is thoroughly confusing, particularly in light of the originally-filed specification. As per (at least) specification paragraph [0036], the “flow device” is configured to produce the “first fluid flow”, while the “flow distribution member” is configured to produce the “second fluid flow”, with the “coverage area” of the “second fluid flow” being the “second coverage area”, which is larger than the “coverage area” of the “first fluid flow” being the “first coverage area”. Thus, the recitation, “wherein the flow device is configured to produce a second fluid flow over a second coverage area, the first coverage area being larger than the second coverage area” does not make logical sense, in combination with the limitations recited in claim 9, as well as the originally-filed specification.
Regarding claim 14, on line 2, the recitation, “the flow of water provided to the flow distribution member” lacks clear antecedent basis.
Regarding claim 15, particularly in combination with what is recited in claim 14 (from which claim 15 directly depends), the claim is thoroughly confusing, particularly in light of the originally-filed specification. As per (at least) specification paragraph [0036], the “flow device” is configured to produce the “first fluid flow”, while the “flow distribution member” is configured to produce the “second fluid flow”, with the “coverage area” of the “second fluid flow” being the “second coverage area”, which is larger than the “coverage area” of the “first fluid flow” being the “first coverage area”. Thus, the recitation, “wherein the flow device is configured to produce a second fluid flow over a second coverage area, the first coverage area being larger than the second coverage area” does not make logical sense, in combination with the limitations recited in claim 14, as well as the originally-filed 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3 and 6-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5 and 9-11 of U.S. Patent No. 12,157,129. Although the claims at issue are not identical, they are not patentably distinct from each other because the above-listed claims of the aforementioned patent essentially include all of the recited limitations of the above-listed “showerhead” claims of the instant application, as follows:
As to claim 1, see patented claim 9. Also, regarding the limitation that the “retaining element” extends “radially across at least a portion of a surface of the base”, such is met by the fact that the aforementioned patented claim recites that the “retaining ring” is “disposed along a perimeter of the base and inboard from the lip”.
As to claim 2, see patented claim 9
As to claim 3, see patented claim 9; and with the inclusion of the “retaining ring” (meeting the “retaining element” of the instant application claim(s)) in the manner recited, it follows that some kind of fasteners are employed for fastening the retaining ring to the base of the device recited in the patented claim(s).
As to claim 6, see patented claim 10
As to claim 7, see patented claim 11
As to claim 8, see patented claim 9
As to claim 9, see patented claim 9, in view of the limitations recited in patented claim 1, which essentially recite a functional result of the claimed structure, when in use.
As to claim 10, see patented claim 9, in view of the limitations recited in patented claims 1 and 5, which essentially recite a functional result of the claimed structure, when in use.
As to claim 11, see patented claim 9
As to claim 12, see patented claim 9
As to claim 13, see patented claim 9, in view of the limitations recited in patented claim 2, which would clearly be an obvious modification to the showerhead of claim 9, so as to provide an essentially universal flow-conducting joint with inclusion of the “showerhead connector” element. Also, regarding the limitation, “the support member covering a portion of the substantially planar surface”, such is met by the limitations regarding the “retaining ring” and “support post” of patented claim 9.
As to claim 14, see patented claim 9, in view of the limitations recited in patented claim 1, which essentially recite a functional result of the claimed structure, when in use.
As to claim 15, see patented claim 9, in view of the limitations recited in patented claims 1 and 5, which essentially recite a functional result of the claimed structure, when in use.
As to claim 16, see patented claim 9, as well as the discussion above with respect to claim 13 of the instant application, in light of patented claim 2.
As to claim 17, see patented claim 9
As to claim 18, see patented claim 9
As to claim 19, see patented claim 9
As to claim 20, see patented claim 9; and with the inclusion of the “retaining ring” and “support post” (meeting the “support member” of the instant application claim(s)) in the manner recited, it follows that some kind of fasteners are employed for fastening at least the retaining ring to the base of the device recited in the patented claim(s).
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 5-8 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsai, US Patent Application Publication No. 2008/0295242.
As to claim 1, Tsai shows a showerhead (see Figs. 1-6) comprising: a flow device (11); a flow distribution member (the construction of elements within 30) coupled to the flow device and spaced apart from the flow device by a region that is open to an atmosphere surrounding the showerhead, the flow distribution member comprising a base (50) having a substantially planar surface (upper surface of 50, as shown in at least Fig. 5) that faces an outlet of the flow device; a retaining element (in one interpretation, 30 can be the retaining element; and in another interpretation, either or both of 70 can be the retaining element) disposed along at least a portion of a perimeter of the base and extending radially across at least a portion of a surface of the base (for each aforementioned interpretation regarding 30 and 70, they each clearly include at least a portion which extends radially across a portion of a surface of the base; see Fig. 5); and a support post (either or both sides of 10) coupled to the flow device and the retaining element (see again, Fig. 5).
As to claim 2, Tsai shows the showerhead of claim 1, and wherein the retaining element is a ring that extends along an entire perimeter of the base (in the first interpretation discussed above with respect to the retaining element of claim 1, 30 defines a ring that extends along an entire perimeter of the base; see again, Fig. 5).
As to claim 3, Tsai shows the showerhead of claim 1, and wherein the retaining element is fastened to the base by a plurality of fasteners (in the second interpretation discussed above with respect to the retaining element of claim 1, each of 70 is fastened to the base by fasteners 75 and/or 77; see again, Fig. 5).
As to claim 5, Tsai shows the showerhead of claim 1, and wherein (in the second interpretation discussed above with respect to the retaining element of claim 1 being 70) the retaining element defines a plurality of openings (as defined through 74 and/or 76; see Fig. 5) along a perimeter thereof, wherein the flow distribution member further comprises a plurality of posts (53 and/or 55; see again, Fig. 5) extending from the surface of the base that are engaged with the openings.
As to claim 6, Tsai shows the showerhead of claim 1, and wherein the flow distribution member is a flow distribution plate (each of 50, 60, 56 and 40 of the flow distribution member is a plate) that is configured to be positioned beneath the flow device during operation.
As to claim 7, Tsai shows the showerhead of claim 1, and wherein the support post extends between the flow device and the flow distribution member, and the flow distribution member is thus suspended away from the flow device by the support post (see Figs. 2 and 4).
As to claim 8, Tsai shows the showerhead of claim 1, and wherein the support post extends at an angle relative to the substantially planar surface of the base (see Figs. 2 and 4).
As to claim 11, Tsai shows the showerhead of claim 1, and wherein the flow distribution member further comprises a lip (for example, at 36; or alternatively, the lip element defined by 52), and wherein the retaining element (for example, when 70 is applied to the retaining element of claim 1) is nestably engaged with the flow distribution member at the lip.
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tsai, in view of Campbell, USPN 2,680,043.
As to claim 9, Tsai shows all of the recited limitations as set forth in claim 1, and further, the flow device (11) of Tsai is clearly going to provide a flow of water to the flow distribution member to produce a first fluid flow over a first coverage area that is circumscribed by the base. However, Tsai is silent as to inclusion of a flow regulator coupled to the flow device, which is configured to meter the flow of water provided to the flow distribution member.
It should be noted that it was old and well known in the art of showerheads prior to the earliest effective filing date of the instant application, to include a flow regulator generally in the upstream region of such showerheads, for the well-known purpose of compensating for various water supply pressures on the inlet side of the showerhead, so that the rate of flow can be maintained in a constant manner. Indeed, Campbell shows a showerhead (see Figs. 1 and 2) which includes a flow regulator (25) coupled to the corresponding flow device (5), whereby the flow regulator is configured to meter a flow of water provided to the corresponding distribution member (6), and the flow regulator is specifically described so as to provide the well-known advantage thereof (see column 3, lines 60-65). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a flow regulator coupled to the flow device, as taught by Campbell, with the showerhead shown by Tsai, thus including a provision of compensating for various water supply pressures on the inlet side of the showerhead, so that the rate of flow provided for discharge can be maintained in a constant manner.
Claims 13, 14, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Paget, US Patent Application Publication No. 2011/0089259, in view of Campbell.
As to claim 13, Paget shows a showerhead (100; see Figs. 1-6), comprising: a showerhead connector (420 and 430); a support member (500); a flow device (300 and 440) coupled to the showerhead connector, a first end (upstream end of 500, relative to the direction of flow through the showerhead) of the support member coupled to at least one of the showerhead connector or the flow device (at 340); and a flow distribution member (200) coupled to a second end (downstream end of 500, relative to the direction of flow through the showerhead) of the support member, the flow distribution member comprising a base (200) having a substantially planar surface (204 and 240; see Fig. 5) that faces an outlet (at 350) of the flow device, the support member covering a portion of the substantially planar surface. However, Paget is silent as to inclusion of a flow regulator coupled to the flow device, which is configured to meter the flow of water provided to the flow distribution member.
It should again be noted that it was old and well known in the art of showerheads prior to the earliest effective filing date of the instant application, to include a flow regulator generally in the upstream region of such showerheads, for the well-known purpose of compensating for various water supply pressures on the inlet side of the showerhead, so that the rate of flow can be maintained in a constant manner. Indeed, Campbell shows a showerhead (see Figs. 1 and 2) which includes a flow regulator (25) coupled to the corresponding flow device (5), whereby the flow regulator is configured to meter a flow of water provided to the corresponding distribution member (6), and the flow regulator is specifically described so as to provide the well-known advantage thereof (see column 3, lines 60-65). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a flow regulator coupled to the flow device, as taught by Campbell, with the showerhead shown by Paget, thus including a provision of compensating for various water supply pressures on the inlet side of the showerhead, so that the rate of flow provided for discharge can be maintained in a constant manner.
As to claim 14, modified Paget shows the showerhead of claim 13, and wherein the flow regulator, in such a modification, would be configured to meter a flow of water provided to the flow distribution member to produce a first fluid flow over a first coverage area (at 410/350) that is circumscribed by the base.
As to claim 16, modified Paget shows the showerhead of claim 13, and wherein the flow device is pivotably coupled to the showerhead connector by a ball joint (430; see Fig. 6), and wherein the showerhead connector is configured to fluidly couple (at 420) the showerhead to a water source within a shower enclosure.
As to claim 18, modified Paget shows the showerhead of claim 16, and wherein the flow distribution member further comprises a lip (portion defining 240) disposed along a perimeter of the base, wherein together the base and the lip define a hollow cavity forming a cup-shape (see Figs. 2 and 5).
As to claim 19, modified Paget shows the showerhead of claim 13, and wherein the support member comprises a retaining ring (500) that extends along an entire perimeter of the base. It should be noted that the term “ring” is not defined in the originally-filed specification of the instant application so as to preclude a square-shaped ring. Further, in the unlikely event that the square-shaped ring (500) shown by Paget cannot reasonably be considered a “ring”, it should also be noted, Paget discloses that the showerhead could be constructed so as to exhibit other shapes, including one having a “circular geometry” (see paragraphs [0014] and [0046]), in which case, the support member would necessarily comprise a circular/round retaining ring.
As to claim 20, modified Paget shows the showerhead of claim 13, and wherein the support member comprises a retaining ring (500) that is fastened to the base by a plurality of fasteners (600; see Figs. 2, 4 and 5). Also, as previously discussed, the term “ring” is not defined in the originally-filed specification of the instant application so as to preclude a square-shaped ring. And, in the unlikely event that the square-shaped ring (500) shown by Paget cannot reasonably be considered a “ring”, it is again noted that Paget discloses the showerhead could be constructed so as to exhibit other shapes, including one having a “circular geometry” (see paragraphs [0014] and [0046]), in which case, the support member would necessarily comprise a circular/round retaining ring.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Paget, as modified by Campbell and applied to claim 14 above, and further in view of Li, US Patent Application Publication No. 2011/0216526.
As to claim 15, modified Paget shows all of the recited limitations as set forth in claim 14, and further (as well as the claim can be understood, particularly in light of the disclosure - see paragraph 4 of the instant Office action), the distribution member of Paget is configured to produce a second fluid flow over a second coverage area (the coverage area from the combination of all of 220), with the second coverage area being larger than the first coverage area. However, Paget does not show or describe that the first fluid flow is visible to a user during operation of the showerhead.
Li shows a showerhead (see Fig. 1) having a similar design, function and effect as compared to that of Paget, and Li teaches forming elements (41 and 42) of the showerhead from a transparent material (see paragraphs [0019] and [0020]), including the element (41) which forms the corresponding flow device of the Li showerhead (note, the position of 411 in Fig. 1, where the corresponding first fluid flow of Li would be formed). Li teaches that making these elements from a transparent material allows for the inclusion of a lighting system (5), so as to create an aesthetically-pleasing shower experience, whereby it would follow that the corresponding first fluid flow would be visible to a user during operation of the showerhead. Therefore, should one desire to create a more aesthetically-pleasing showerhead having a lighting system, like that shown by Li, it would thus have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the showerhead of Paget, so as to form (at least) elements “200” and “300” of the Paget showerhead from a transparent material, as taught by Li, so that (in combination with an inclusion of a lighting system, as also taught by Li), a user may have more aesthetically-pleasing shower experiences, whereby the first fluid flow would be visible to a user during operation of the showerhead.
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ojea, US Patent Application Publication No. 2013/0219613, in view of Campbell.
As to claim 13, Ojea shows a showerhead (see Figs. 1 and 2), comprising: a showerhead connector (30); a support member (14 and 18); a flow device (24) coupled to the showerhead connector, a first end (at 14) of the support member coupled to at least one of the showerhead connector or the flow device; and a flow distribution member (10 and 12) coupled to a second end (defined by 18; see Fig. 2) of the support member, the flow distribution member comprising a base (10) having a substantially planar surface (see again, Fig. 2) that faces an outlet of the flow device (see again, Fig. 1), the support member covering a portion of the substantially planar surface (see again, Fig. 2). However, Ojea is silent as to inclusion of a flow regulator coupled to the flow device, which is configured to meter the flow of water provided to the flow distribution member.
It should again be noted that it was old and well known in the art of showerheads prior to the earliest effective filing date of the instant application, to include a flow regulator generally in the upstream region of such showerheads, for the well-known purpose of compensating for various water supply pressures on the inlet side of the showerhead, so that the rate of flow can be maintained in a constant manner. Indeed, Campbell shows a showerhead (see Figs. 1 and 2) which includes a flow regulator (25) coupled to the corresponding flow device (5), whereby the flow regulator is configured to meter a flow of water provided to the corresponding distribution member (6), and the flow regulator is specifically described so as to provide the well-known advantage thereof (see column 3, lines 60-65). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a flow regulator coupled to the flow device, as taught by Campbell, with the showerhead shown by Ojea, thus including a provision of compensating for various water supply pressures on the inlet side of the showerhead, so that the rate of flow provided for discharge can be maintained in a constant manner.
As to claim 14, modified Ojea shows the showerhead of claim 13, and wherein the flow regulator, in such a modification, would be configured to meter a flow of water provided to the flow distribution member to produce a first fluid flow (the upper “26”) over a first coverage area that is circumscribed by the base (see Fig. 1).
As to claim 15, modified Ojea shows the showerhead of claim 14, and wherein the flow distribution member is configured to produce a second fluid flow (the lower “26”) over a second coverage area, the first coverage area being larger than the second coverage area, and the first fluid flow being visible to a user during operation of the showerhead (see Fig. 1). It is noted, based on the configuration shown by Ojea, it is without question that some of the water from the first fluid flow will not reach “12” of Ojea, and will necessarily spread out into a larger coverage area than that of the upper “26” shown in Fig. 1 of Ojea. In this case, and with claim 15 being treated on the merits as well as the claim can be understood, particularly in light of the disclosure (see paragraph 4 of the instant Office action), the distribution member of Paget is thus also configured to produce a second fluid flow over a second coverage area (the coverage area formed from the water that does not reach “12” of Ojea), with the second coverage area being larger than the first coverage area.
As to claim 16, modified Ojea shows the showerhead of claim 13, and wherein the flow device is pivotably coupled to the showerhead connector by a ball joint (a standard, and well-known ball joint arrangement is shown in at least Figs. 1 and 2 of Ojea, proximate where the arrow for “24” is directed), and wherein the showerhead connector is configured to fluidly couple the showerhead to a water source within a shower enclosure (see Fig. 1).
As to claim 17, modified Ojea shows the showerhead of claim 13, and wherein the flow distribution member is spaced apart from the flow device by a region that is open to an atmosphere surrounding the showerhead (see Fig. 1).
Allowable Subject Matter
Claim 4 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication to Cristina is cited as of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W GORMAN whose telephone number is (571)272-4901. The examiner can normally be reached Monday-Thursday 6:30-4:30.
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/DARREN W GORMAN/Primary Examiner, Art Unit 3752
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