DETAILED ACTION
Allowable Subject Matter
Claims 7, 8, and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 .
Drawings
The drawings are objected to because there are numerous errors in the drawings, such as numerous hidden lines that are not broken or dashed. An example on Fig. 4:
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ANNOTATED FIGURE 4 ILLUSTRATING HIDDEN LINE
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Objections
There are numerous claim objections. Below are a few claim rejections because of the following informalities:
Claim 1 line 7 “with different sections should state with the different sections to avoid lack of antecedent basis 112b or 112 second paragraph rejection.
Claim 10 line 2 “drive linear movement” should state drive the linear movement.
Claim 11 line 5 “along one of more fluid paths” should state along the one of more fluid paths.
Claim 11 line 6 “spray diverter” should state the spray diverter.
Appropriate correction is required.
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 1-16 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 1 lines 7-8 recite “a fluid passage to one or more different outlets”. It is unclear if one or more different outlets are the same as the “one or more outlets”.
Claim 2 line 2 recite “at least three sections fluidically coupled to three different outlets”. It is unclear is the “at least three sections: are part of the “different sections”. It is unclear if the “three different outlets” are part of the “one or more outlets”.
Claims 2-10 are rejected based on their dependency on Claim 1.
Claim 11 line 9 and Claim 13 line 3 recite “one of the plurality of outlets”. It is unclear if this is the same “one of the plurality of outlets” as stated in Claim 11 line 5.
Claims 12-16 are rejected based on their dependency of Claim 11.
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 1-6 and 9-15 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 (51 and 52, fig. 10) coupled to a switch (50, 523 is a switching member for rod 524) and the shutter (30) configured to translate a linear movement (rod 524 has a linear movement described in para 0077) of the switch (50) into rotational movement (para 0077) of the shutter (30), wherein translation of the linear movement into rotational movement aligns the plurality of openings (301a fig. 12, 301b fig. 17, and 301c fig. 301c, fig. 22) with different sections of the channel divider (11) to modify a fluid passage to one or more different 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, 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 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 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 5, Lin discloses the shaft assembly (500) comprises: a shaft housing (ann. fig. 9) coupled to the switch (523) configured to shift linearly (5252 is a non-rotational connector) to different operating positions based on the linear movement of the switch (523)(para –87); and a shaft (524) coupled (525 couples the shaft 524 to the switch 523 and housing ann. fig. 9 to the shaft 524) to the shaft housing (ann. fig. 9) and the shutter (30) with one or more fins (521 and configured to translate the linear movement of the shaft housing into rotational movement of the shutter (para 0077 and 0084-0087).
Regarding Claim 6, Lin discloses the one or more fins (521) extend partially circumferentially (partially circumferentially could mean in a radial direction and not extending “around” the shaft) along an exterior surface of the shaft (524).
Regarding Claim 9, Lin discloses the shaft (524) further comprises one or more openings (ann. fig. 9) configured to receive a pin (ann. fig. 9).
Regarding Claim 10, Lin discloses the shaft housing further comprises one recesses (525) configured to couple to and leverage one tabs (5231) of the switch (523) to drive linear movement of the housing (illustrated ann. fig. 8).
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 30)) 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 one or more fluid paths; and a switch (52) coupled to the body and spray diverter (shutter 30) configured to, based on a received user input, modify an operating position of the diverter to selectively divert the flow of liquid to one of the plurality of outlets (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 Claim 12, Lin discloses the spray diverter (30) 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 Claim 13, Lin discloses the spray diverter (shutter 30) comprises: a shutter (30) with at least one opening (301a fig. 12, 301b fig. 17, and 301c fig. 301c, fig. 22) configured to selectively align with different sections of a channel divider (11) to divert the flow of liquid to one of the plurality of 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 (524, 525) coupled to the switch (523) within the internal cavity (ann. fig. 6) configured to transfer linear movement of the switch into rotational movement of the shutter (para 0077).
Regarding Claim 14, Lin discloses the shaft assembly (524, 525) comprises: a shaft housing (524) coupled to the switch (523) configured to linearly move (para 0077) between a plurality of operating positions based on the received user input (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); and a shaft (524) with at least one fin (521) coupled to the shutter (30) and shaft housing (524) configured to transfer the linear movement (para 0077) of the shaft housing (524) into the rotational movement of the shutter (30).
Regarding Claim 15, Lin discloses the switch (523) comprises one or more tabs (5231) configured to couple to one or more recesses (525) of the shaft housing (524).
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 (51 and 52, fig. 10) coupled to a switch (50, 523 is a switching member for rod 524) and the shutter (30) configured to translate a linear movement (rod 524 has a linear movement described in para 0077) of the switch (50) into rotational movement (para 0077) of the shutter (30), wherein translation of the linear movement into rotational movement aligns the plurality of openings (301a fig. 12, 301b fig. 17, and 301c fig. 301c, fig. 22) with different sections of the channel divider (11) to modify a fluid passage to one or more different 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chan et al. US 5433384, Yang et al. US PG PUB 20200001314, Fan US 6076743, Lin et al. US 10875037,
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 M BARRY/Primary Examiner, Art Unit 3753