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 .
Response to Amendment
Applicant’s reply filed September 17, 2026 is hereby acknowledged. Acknowledgement is also made to Applicant’s cancellation of claim 15, as well as the addition of “new” claim 21. Thus, claims 1-14 and 16-21 are pending and are addressed below.
Terminal Disclaimer
The terminal disclaimer filed on September 17, 2026, disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 12,157,129 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 (i.e., the general, open region surrounding the showerhead, as shown in at least Fig. 4, which includes the open region between element “11” and the elements within “30”) surrounding the showerhead, the flow distribution member comprising a base (e.g., element “50”) having a plurality of throughpassages (e.g., 54) and a substantially planar surface (upper surface of “50”, as shown in at least Fig. 5) that faces an outlet (lower end of “11”) of the flow device and is aligned with the flow device to receive, during operation, water discharged from the flow device through the region that is open to the atmosphere surrounding the showerhead to the flow distribution member (during operation of the Tsai showerhead, water is discharged from the outlet of “11”, which is subsequently received by the base, into and through throughpassages “54” of the base, after passing through each of “14”, which channels the water through the region that is open to the atmosphere); 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, element “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 element “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 element “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.
Claims 9, 13 and 16-20 are 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.
As to claim 13, Tsai shows a showerhead (see Figs. 1-6), comprising: a showerhead connector (upstream region of “11”, which defines “inner thread 13” for connecting purposes); a support member (10, 16 and 30); a flow device (downstream region of “11”, where it connects to “12”) coupled to the showerhead connector, a first end (upstream end of “10”) of the support member coupled to at least one of the showerhead connector or the flow device (see Fig. 4); and a flow distribution member (the construction of elements within “30”) coupled to a second end (downstream end of “10”, which also includes “16” and “30”) of the support member, the flow distribution member comprising a base (e.g., element “50”) having a plurality of throughpassages (e.g., 54) and a substantially planar surface (upper surface of “50”, as shown in at least Fig. 5) that faces an outlet (lower end of “11”) of the flow device and is aligned with the flow device to receive, during operation, water discharged from the flow device through a region that is open to the atmosphere surrounding the showerhead (i.e., the general, open region surrounding the showerhead, as shown in at least Fig. 4, which includes the open region between element “11” and the elements within “30”) to the flow distribution member (during operation of the Tsai showerhead, water is discharged from the outlet of “11”, which is subsequently received by the base, into and through throughpassages “54” of the base, after passing through each of “14”, which channels the water through the region that is open to the atmosphere), the support member covering a portion of the substantially planar surface (element “30” of the support member, and/or at least a portion of each of “16” of the support member, each cover a portion of the substantially planar surface defined by “50”). However, Tsai is silent as to the flow device including a flow regulator.
As discussed above, 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, as taught by Campbell, with the flow device of 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.
As to claim 16, modified Tsai shows the showerhead of claim 13, and wherein the showerhead connector is configured to fluidly couple the showerhead to a water source within a shower enclosure (see paragraph [0029] of Tsai). However, Tsai does not show or expressly describe that the flow device is pivotably coupled to the showerhead connector by a ball joint.
Campbell shows a showerhead (see Figs. 1 and 2) which includes a corresponding flow device (5), as well as a corresponding showerhead connector (at “9”), wherein the flow device is pivotably coupled to the showerhead connector by a ball joint (8). Campbell expressly discloses that the inclusion of the ball joint facilitates “swinging the shower head in any direction desired by the user” (see column 2, lines 48-53). It should be noted that the outlet portion of the showerhead of Tsai has the ability to swing only about an axis through the connection at “15”, as represented in Figs. 7 and 8, but the entire showerhead assembly cannot be swung universally in any direction. 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 showerhead of Tsai, to include a ball joint between the flow device and the showerhead connector, as taught by Campbell, thereby allowing for universal swinging of the entire showerhead assembly in any direction by the user.
As to claim 17, modified Tsai shows the showerhead of claim 13, and wherein the flow distribution member is spaced apart from the flow device by the region that is open to the atmosphere surrounding the showerhead (see Fig. 4).
As to claim 18, modified Tsai shows the showerhead of claim 16, and wherein the flow distribution member further comprises a lip (52) disposed along a perimeter of the base, wherein together the base and the lip define a hollow cavity (51) forming a cup-shape (see Fig. 4; and see the first sentence of paragraph [0033]).
As to claim 19, modified Tsai shows the showerhead of claim 13, and wherein the support member comprises a retaining ring (30) that extends along an entire perimeter of the base (see Fig. 5).
As to claim 20, modified Tsai shows the showerhead of claim 13, and wherein the support member comprises a retaining ring (30) that is fastened to the base by a plurality of fasteners (retaining ring element “30” of the support member is directly attached to portions “16” of the support member, and portions “16” are directly attached to each of “70”, which are fastened to base element “50” by fasteners “75” and “77”; see Figs. 4 and 5).
Claims 13, 14, 16 and 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 and 12) having a plurality of throughpassages (as depicted in Fig. 1 , the outlet end of portion “12” clearly defines a plurality of throughpassages) and a substantially planar surface (rear surface of “10”; see again, Fig. 2) that faces an outlet of the flow device and is aligned with the flow device to receive, during operation, water discharged from the flow device through a region that is open to an atmosphere surrounding the showerhead to the flow distribution member (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 the flow device including a flow regulator.
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, as taught by Campbell, with the flow device of 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), and wherein the flow distribution member is configured to produce a second fluid flow (as partially represented by the lower “26”) over a second coverage area, with the second coverage area being larger than the first coverage area (as shown in Fig. 1, the maximum first coverage area of Ojea is limited to the point just before where the upper “26” effluent flow contacts the flow distribution member, however the lower “26” effluent flow is capable of continuing to expand outwardly for an indefinite distance, until its second coverage area would necessarily be larger than the maximum first coverage area discussed above), and the first fluid flow being visible to a user during operation of the showerhead (see again, Fig. 1).
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 again, 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 the region that is open to the atmosphere surrounding the showerhead (see Fig. 1).
Allowable Subject Matter
Claim 21 is allowed.
Claims 4, 10 and 12 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.
Response to Arguments
Applicant's arguments, see pages 7-8 of the “Remarks” portion of the response filed September 17, 2026, have been fully considered but they are not persuasive.
Applicant essentially asserts that the prior art to Tsai (US 2008/0295242) fails to show or describe the feature of “...a plurality of throughpassages” of the “base”, in combination with the limitations regarding “to receive, during operation, water discharged from the flow device through the region that is open to the atmosphere surrounding the showerhead to the flow distribution member”, as set forth in amended claim 1. As articulated in paragraph 5 of the instant Office action, this Office does not agree. It is respectfully submitted that not only does base element “50” include a plurality of throughpassages (at “54”), but, “to receive, during operation, water discharged from the flow device through the region that is open to the atmosphere surrounding the showerhead to the flow distribution member”, is also stated in a broad enough manner whereby Tsai can also reasonably be said to meet this limitation, as such does not preclude what is shown by Tsai, as explained in paragraph 5 of the instant Office action. The rejection is therefore maintained.
Applicant’s arguments (see page 9 of the “Remarks” portion of the aforementioned response) with respect to claim 13 have been considered but are moot because the new ground of rejection set forth in paragraph 7 of the instant Office action does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Also, as to the broadly stated assertion regarding the applicability of the prior art to Tsai with respect to amended claim 13 (which now recites similar limitations as compared to amended claim 1), Applicant’s attention is hereby directed to paragraph 11 of the instant Office action. Further, it should be noted that Applicant’s response does not set forth any specific argument(s) with respect to the applicability of the prior art to Ojea, as modified by Campbell, and applied to (at least) independent claim 13. The rejection is therefore maintained.
Conclusion
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.
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/DARREN W GORMAN/Primary Examiner, Art Unit 3752
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