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 information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment/Arguments filed 4/24/2026
The Amendment is seen to change the scope of the claim, necessitating new consideration over prior art. Upon the consideration:
The Amendment overcomes the previous rejections over Mueller (US 8061386);
The Amendment is seen to be further taught by Wang (US 6425149) as described in the updated 102 rejections below. The first base section is coupled to a mounting surface via static 120 (and while not shown it is understood that, as a shower, the right end is fixed to a vertical wall) and the base sections have the same cross-sectional shape and area as shown in the flush cylindrical coupling therebetween; and
Some dependent claims are found to be allowable for the Reasons below.
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.
Claim(s) 1-2, 6-7, 9, 11-12, 14, 16-17, and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (US 6425149).
Regarding claim 1, Wang (FIG 10) discloses “A directionally adjustable faucet, comprising:
a first base section (topmost 100’) configured to be coupled to a mounting surface (element 120 [and while not shown it is understood that, as a shower, the right end is fixed to a vertical wall]);
a second base section (middle 100’) coupled to the first base section (see FIG);
a base rotational interface (joint at the leftmost end of base section, rotatable in FIG) disposed between the first base section and the second base section along a first plane (plane between top/middle 100’), the base rotational interface configured to actuate the second base section relative to the first base section (allows relative rotation);
a plurality of conduit segments (lower 100’ and lower 120) operably coupled to the second base section (see FIG 10); and
at least one conduit rotational interface (joint between lower 100’ and lower 120) disposed between the plurality of conduit segments along a second plane, the at least one conduit rotational interface configured to actuate the plurality of conduit segments relative to each other (see rotation arrows in FIG 10), wherein the second plane is parallel with the first plane (FIG 10; all planes of rotation except the upper 120 about the static conduit are parallel planes of rotation at different heights), wherein the first base section and the second base section have the same cross-sectional shape and area (analogously shown in FIG 5).”
Regarding claim 2, Wang (FIG 10) discloses “wherein the plurality of conduit segments (lower 100’ and lower 120) comprises two conduit segments and the at least one conduit rotational interface comprises one conduit rotational interface disposed between the two conduit segments (as defined above), wherein one of the two conduit segments is directly coupled to the second base section (directly coupled at top end).”
Regarding claim 6, Wang (FIG 10) discloses “wherein the first plane is parallel to the mounting surface (plane is parallel to first horizontal longitudinal axis [it is an elbow] of 120).”
Regarding claim 7, Wang (FIG 10) discloses “wherein the first plane is perpendicular to the mounting surface (plane is perpendicular to second vertical longitudinal axis [it is an elbow] of 120).”
Regarding claim 9, Wang (FIG 10) discloses “further comprising a pull-down sprayer (130, capable of being pulled down via joints at 100’s , 120s) coupled to a free end of the plurality of conduit segments (at bottom).”
Regarding claim 11, Wang (FIG 10) discloses “A directionally adjustable primary or beverage faucet, comprising:
a base section (segment above top 120) configured to be coupled to a mounting surface (element 120 [and while not shown it is understood that, as a shower, the right end is fixed to a vertical wall]);
an outlet portion (top 100’) coupled to the base section (via 120);
a plurality of conduit segments (lower 100’ and middle 100’) operably coupled to the outlet portion;
a first rotational interface (joint at the leftmost end of outlet portion, rotatable in embodiments) disposed between the outlet portion and the plurality of conduit segments along a first plane (between 100’s), the first rotational interface configured to actuate the plurality of conduit segments relative to the base section (via rotation); and
a second rotational interface (between middle 100’ and lower 100’) disposed between the plurality of conduit segments along a second plane, the second rotational interface configured to actuate the plurality of conduit segments relative to each other, wherein the second plane is parallel with the first plane (FIG 10; all planes of rotation except the upper 120 about the static conduit are parallel planes of rotation at different heights); wherein the first base section and the second base section have the same cross-sectional shape and area (analogously shown in FIG 5).”.”
Regarding claim 12, Wang (FIG 10) discloses “wherein the outlet portion is coupled to the base section at a substantially right angle (coupling plane is perpendicular to the main longitudinal axes of 100’s).”
Regarding claim 16, Wang (FIG 10) discloses “wherein the first plane is parallel to the mounting surface (plane is parallel to first horizontal longitudinal axis [it is an elbow] of 120).”
Regarding claim 17, Wang (FIG 10) discloses “wherein the first plane is perpendicular to the mounting surface (plane is perpendicular to second vertical longitudinal axis [it is an elbow] of 120).”
Regarding claim 19, Wang (FIG 10) discloses “further comprising a pull-down sprayer (130, capable of being pulled down via joints at 100’s , 120s) coupled to a free end of a conduit segment of the plurality of conduit segments (at bottom).”
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) 10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Erickson et al (US 20100176328).
Regarding claims 10 and 13, Wang is silent regarding “wherein the [first] base section is coupled to a mounting plate.” While it is understood that 120 of Wang is a static part coupled to some kind of wall, there is no disclosure for a plate itself.
However, Erickson (FIG 1) teaches an articulated faucet extending from a vertical surface (analogous to Wang) having a “first base section” 18 coupled to a “mounting surface” 16 further comprising “a mounting plate” (unnumbered disk-shaped plate at right end of 16).
It would have been obvious, before the effective filing date, to modify the faucet assembly of Wang with the plate of Erickson such that the combination teaches “wherein the [first] base section is coupled to a mounting plate”, to provide more support between the faucet and the wall.
Allowable Subject Matter
Claims 3, 5, 8, 15, and 18 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, Wang is silent regarding “and wherein the conduit segment curves upwardly from the second base section.”
While this shape could be known in the art, it would not be obvious to modify Wang in this manner without undue hindsight reasoning.
Regarding claim 5, Wang is silent regarding “wherein the second base section further comprises a fluid control knob configured to control fluid flow from the faucet.”
While this isolated feature is shown in Mueller, it would not be obvious to modify Wang with Mueller in this context without undue hindsight reasoning.
Regarding claim 8, Wang is silent regarding “wherein the plurality of conduit segments comprises a first conduit segment and a second conduit segment, wherein the first conduit segment is coupled to a first fluid control knob and the second conduit segment is coupled to a second fluid control knob, the first fluid control knob and the second fluid control knob each configured to control fluid flow from the faucet.”
While this isolated feature is shown in Mueller, it would not be obvious to modify Wang with Mueller in this context without undue hindsight reasoning.
Regarding claim 15, Wang is silent regarding “wherein the base section further comprises a first fluid control knob configured to control fluid flow from the faucet.”
While this isolated feature is shown in Mueller, it would not be obvious to modify Wang with Mueller in this context without undue hindsight reasoning.
Regarding claim 18, Wang is silent regarding “further comprising a second fluid control knob coupled to a conduit segment of the plurality of conduit segments, the second control knob being configured to control fluid flow through the conduit segment.”
While this isolated feature is shown in Mueller, it would not be obvious to modify Wang with Mueller in this context without undue hindsight reasoning.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK C WILLIAMS whose telephone number is (571)431-0767. The examiner can normally be reached M-F 9:00-5:00 PM.
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/PATRICK C WILLIAMS/Primary Examiner, Art Unit 3753
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