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 .
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.
Claims 1, 3 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin et al. (US Pub No 2019/0283049 A1).
Re claim 1, Lin et al. show a shower head sprinkler, comprising a mounting housing (Fig. 13), a water passing member (1), a water spray head (8), a shower head disc (inside 8), and a water distribution member (2), wherein the water passing member (9) is disposed in the mounting housing (Fig. 13), one end of the water passing member (9) is provided with a water inlet (9) and a water inlet channel (1011) that are in communication with each other, the other end of the water passing member is provided with a water outlet (1022) and a water outlet channel (1017) that are in communication with each other, a water inlet hole (1014) that is in communication with the water inlet channel (between 1011 & 1014) and the water outlet channel (1017) is formed in the water passing member (1), and the water spray head (8) is located at one end of the mounting housing (Fig. 13) and is in communication with the water outlet (1022); one side of the water passing member (1) is provided with a first water outlet cavity (1012), a first water outlet hole (1015) that is in communication with the water outlet channel (1017) and the first water outlet cavity (1012) is formed in the water passing member (1), the shower head disc (inside 8) is located on one side of the mounting housing (Fig. 13) and is in communication with the first water outlet cavity (1012); and the water distribution member (2) is slidably connected to the water outlet channel (1017) and is configured to block (Fig. 7) the water inlet hole (1014), a communication hole (see annotated figure) is formed in one end of the water distribution member (2) close to the water outlet (1022), a first communication groove (between 21 & 22) and a second communication groove (between 21 & 23) are formed in a peripheral side of the water distribution member (2) at intervals along a length direction of the water distribution member, the first communication groove (between 21 & 22) is in communication with the communication hole (see annotated figure) and is configured to be in communication with the water inlet hole (1014), and the second communication groove (between 21 & 23) is configured to be in communication with the water inlet hole (1014) and the first water outlet hole (1015) simultaneously (Fig. 6).
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Re claim 3, Lin et al. show the shower head sprinkler further comprises a sliding assembly (3/4), the sliding assembly (3/4) comprises a connecting seat (5) and a sliding button (31), the connecting seat (5) is slidably connected to the water passing member (1) and one side of the connecting seat close to the water passing member (1) is snap-fitted (paragraph 0069) to one end (24) of the water distribution member (2) away from the water outlet (1022), and the sliding button (31) is disposed on the connecting seat (5) and movably penetrates through the mounting housing (Fig. 13).
Re claim 4, Lin et al. Show the sliding button (31) is detachably connected to the connecting seat (5).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US Pub No 2019/0283049 A1) in view of Lu et al. (US Pub No 2011/0133003 A1).
Re claim 2, Lin et al. show the water passing member (1) is provided with a second water outlet cavity (1013) in the first water outlet cavity (1012), a second water outlet hole (1016) that is in communication with the water outlet channel (1017) and the second water outlet cavity (1013) is formed in the water passing member (1), the first water outlet hole (1015) and the second water outlet hole (1016) are disposed at intervals along a length direction of the water passing member (1), the shower head sprinkler further comprises outlets (in 8), and the outlets are disposed on one side of the mounting housing (Fig. 13) located on the shower head disc (8) is in communication with the second water outlet cavity (1013).
Lin et al. does not teach the shower head sprinkler further comprises a blade water seat, and the blade water seat is disposed on one side of the mounting housing.
However, Lu et al. show a shower head sprinkler including multiple separate outlets and a mounting housing (50) which includes a blade water seat (Fig. 2, 504), and the blade water seat (504) is disposed on one side of the mounting housing (50).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a blade water seat, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23. Further, no criticality is apparent for the claimed outlet shape.
Allowable Subject Matter
Claims 5-8 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN MICHAEL CERNOCH whose telephone number is (571)270-3540. The examiner can normally be reached Mon-Fri; 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN MICHAEL CERNOCH
Primary Examiner
Art Unit 3752
/STEVEN M CERNOCH/Primary Examiner, Art Unit 3752
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