DETAILED ACTION
Allowable Subject Matter
Claims 5-10 and 14-16 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.
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 .
Status of Claims
Amendment to the Claims was filed on 6/18/2026.
Claims 13 was canceled.
Claims 1-12 and 14-20 are currently pending.
Information Disclosure Statement
The information disclosure statements filed on 6/22/2026 is acknowledged by the examiner.
Drawings
The drawings were received on 6/18/2026. These drawings are acceptable.
Specification
Replacement drawings filed on 6/18/2026 obviates the necessity of the Objection to the Specification raised in the office action mailed on 3/18/2026.
Claim Objections
Amendment to the Claims filed on 6/18/2026 obviates the necessity of the Objection to the Claims raised in the office action mailed on 3/18/2026.
Claim Rejections - 35 USC § 112
Amendment to the Claims filed on 6/18/2026 obviates the necessity of the 112(b) or 112 Second Paragraph raised in the office action mailed on 3/18/2026.
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 3 and 4 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.
Claim 3 recites “the three different outlets” while claim 1 recites “three outlets”. It is unclear is these are the same three outlets.
Claim 4 is dependent on claim 3.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 11, 12, and 17-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lin et al. US PG PUB 20250153201 (“Lin”).
Regarding Claim 1, Lin discloses a spray diverter (10, see figs. 1 and 2) configured to modify a spray mode of a spray head assembly (fig. 1), comprising: a shutter (30, fig. 4) with a plurality of openings (301a fig. 12, 301b fig. 17, and 301c fig. 301c, fig. 22) configured to align with different sections (ann. fig. 3 illustrates three different sets of 500 sections that include seals 300; each set of 500 section communicates with a respective opening 301a-b in shutter 30) of a channel divider (11) fluidically coupled to one or more outlets (fig. 13 illustrates openings in first water outlet chamber 201a with multiple outlets, second water outlet chamber 201b with multiple outlets, and third water outlet chamber 201c with multiple outlets)(Fig. 11 illustrates three openings 301a-c each communicating with first openings 501a and first water outlet chamber 201a which has multiple outlets; Fig. 16 illustrates three openings 301a-c each communicating with second openings 501b and second water outlet chamber 201b which has multiple outlets; and Fig. 21 illustrates three openings 301a-c each communicating with third openings 501c and third water outlet chamber 201c which has multiple outlets) and a shaft assembly (30) coupled to a switch (50, 523 is a switching member for rod 524) and the shutter (31) and configured to translate a movement (rod 524 has a linear movement described in para 0077) of the switch (50) into rotational movement (para 0077) of the shutter (31) about a longitudinal axis (ann. fig. 4) of the shaft assembly (30, rotation about shaft 32), wherein the rotational movement aligns the plurality of openings (301a fig. 12, 301b fig. 17, and 301c fig. 301c, fig. 22) with the different sections of the channel divider (11) to modify a fluid passage to the one or more outlets (fig. 13 illustrates openings in first water outlet chamber 201a with multiple outlets, second water outlet chamber 201b with multiple outlets, and third water outlet chamber 201c with multiple outlets).
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LIN – FIGURES 12 and 13 and ANNOTATED FIGURES 3, 4, 6, 8, and 9
Regarding Claim 2, Lin discloses the different sections of the channel divider (11) comprise at least three sections (ann. fig. 3 illustrates 3 different sets of 500 sections that include seals 300; each set of 500 section communicates with a respective opening 301a-b in shutter 30) fluidically coupled to three outlets (Fig. 11 illustrates three openings 301a-c each communicating with first openings 501a and first water outlet chamber 201a which has multiple outlets; Fig. 16 illustrates three openings 301a-c each communicating with second openings 501b and second water outlet chamber 201b which has multiple outlets; and Fig. 21 illustrates three openings 301a-c each communicating with third openings 501c and third water outlet chamber 201c which has multiple outlets).
Regarding Claim 3, Lin discloses the switch (50) is configured to move between three operating positions (the switch 523 actuates the rod to move the shutter to rotate in 3 positions where the supply water communicates with openings, see figs. 11, 16, and 21) and to selectively align the plurality of openings with the at least three sections fluidically coupled to the three different outlets (Fig. 11 illustrates three openings 301a-c each communicating with first openings 501a and first water outlet chamber 201a which has multiple outlets; Fig. 16 illustrates three openings 301a-c each communicating with second openings 501b and second water outlet chamber 201b which has multiple outlets; and Fig. 21 illustrates three openings 301a-c each communicating with third openings 501c and third water outlet chamber 201c which has multiple outlets).
Regarding Claim 4, Lin discloses the switch (50) comprises a switch body (523) with angled portions (ann. fig. 8) meeting in a center (middle) of the switch body (523). (the claim is broad as to the meaning of meeting in a center”. The claims do not state that the angled portions intersect in a center. The claims do not state that the angled portions are meeting in a center. The claims merely state that the switch body and the angled portions meet in a center. Thus, broadest reason able interpretation can mean the switch body and the angled portions do not meet at an edge of the switch body.)
Regarding Claim 11, Lin discloses spray head assembly (10), comprising: a body (ann. fig. 6) defining an internal cavity (ann. fig. 6) configured to transport a flow of liquid (water) from an inlet (ann. fig. 6) to a plurality of outlets (ann. fig. 6) along one or more fluid paths; a spray diverter (shutter 31) coupled to the internal cavity of the body configured to selectively divert the flow of liquid to one of the plurality of outlets (ann. fig. 6) along the one or more fluid paths; the spray diverter (31) including: a shutter (31) with at least one opening (400) configured to selectively align with different sections of a channel divider to divert the flow of liquid to one of the plurality of outlets; and a shaft assembly (30) within the internal cavity and coupled to the shutter (31); and a switch (52) coupled to the body and the shaft assembly (30), the switch configured to, based on a received user input, modify an operating position of the diverter by causing the shutter (31) to rotate about a longitudinal axis (ann. fig. 4) of the shaft assembly (30, rotation about shaft 32) to selectively divert the flow of liquid to one of the plurality of outlets (Fig. 11 illustrates three openings 301a-c each communicating with first openings 501a and first water outlet chamber 201a which has multiple outlets; Fig. 16 illustrates a second position of diverter 30 where the three openings 301a-c each communicating with second openings 501b and second water outlet chamber 201b which has multiple outlets; and Fig. 21 illustrates a third position of diverter 30 where the three openings 301a-c each communicating with third openings 501c and third water outlet chamber 201c which has multiple outlets).
Regarding Claim 12, Lin discloses the spray diverter (31) is configured to divert the flow of liquid to at least one of three outlets along one or more fluid paths (Fig. 11 illustrates a first position of diverter 30 where the three openings 301a-c each communicating with first openings 501a and first water outlet chamber 201a which has multiple outlets; Fig. 16 illustrates a second position of diverter 30 where the three openings 301a-c each communicating with second openings 501b and second water outlet chamber 201b which has multiple outlets; and Fig. 21 illustrates a third position of diverter 30 where the three openings 301a-c each communicating with third openings 501c and third water outlet chamber 201c which has multiple outlets).
Regarding Claims 17-20 , if a prior art device as disclosed by Lin, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed that the device will perform the claimed process. See MPEP 2112.02.
Lin discloses a spray diverter (10, see figs. 1 and 2) configured to modify a spray mode of a spray head assembly (fig. 1), comprising: a shutter (30, fig. 4) with a plurality of openings (301a fig. 12, 301b fig. 17, and 301c fig. 301c, fig. 22) configured to align with different sections (ann. fig. 3 illustrates three different sets of 500 sections that include seals 300; each set of 500 section communicates with a respective opening 301a-b in shutter 30) of a channel divider (11) fluidically coupled to one or more outlets (fig. 13 illustrates openings in first water outlet chamber 201a with multiple outlets, second water outlet chamber 201b with multiple outlets, and third water outlet chamber 201c with multiple outlets)(Fig. 11 illustrates three openings 301a-c each communicating with first openings 501a and first water outlet chamber 201a which has multiple outlets; Fig. 16 illustrates three openings 301a-c each communicating with second openings 501b and second water outlet chamber 201b which has multiple outlets; and Fig. 21 illustrates three openings 301a-c each communicating with third openings 501c and third water outlet chamber 201c which has multiple outlets) and a shaft assembly (30) coupled to a switch (50, 523 is a switching member for rod 524) and the shutter (31) and configured to translate a movement (rod 524 has a linear movement described in para 0077) of the switch (50) into rotational movement (para 0077) of the shutter (31) about a longitudinal axis (ann. fig. 4) of the shaft assembly (30, rotation about shaft 32), wherein the rotational movement aligns the plurality of openings (301a fig. 12, 301b fig. 17, and 301c fig. 301c, fig. 22) with the different sections of the channel divider (11) to modify a fluid passage to the one or more outlets (fig. 13 illustrates openings in first water outlet chamber 201a with multiple outlets, second water outlet chamber 201b with multiple outlets, and third water outlet chamber 201c with multiple outlets).
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 Daphne Barry whose telephone number is (571)272-9966 and fax number is (571) 273-9966. The examiner can normally be reached on Monday through Friday 9 AM-6 PM (eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor either Kenneth Rinehart can be reached at (571) 272-4881 or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAPHNE BARRY/Primary Examiner, Art Unit 3753
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