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 § 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 6-9 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 6 recites the limitation "water distribution cover" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "water outlet channels" in line 2. There is insufficient antecedent basis for this limitation in the claim.
The remaining claims are rejected due to dependency from claim 6.
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) 1-3, 6-12 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US 2020/0001314).
Regarding claim 1, Yang discloses a stepless switching top spray shower, comprising
a driving mechanism (3, 4) and a switching mechanism (5, 6), the driving mechanism being used for driving the switching mechanism to switch water channels (Paragraphs 38-40), wherein the switching mechanism (5, 6) comprises:
a rack (5) connected to the driving mechanism (Figure 4);
a gear (6, 7) meshing with the rack (Figure 3);
a connecting shaft (9a) fixedly connected to the gear (Paragraph 42); and
a switching disk (9) fixedly connected to the connecting shaft (Figure 1);
the top spray shower further comprises a sealing cover (10);
the switching disk (9) is provided with a water hole (9b), the sealing cover (10) is provided with two or more water distribution holes (10a), and each water distribution hole (10a) is in communication with a different water outlet channel (The distribution holes are in communication with different outlet channels on the cover; the driving mechanism (3, 4) drives the rack (5) to move, the rack (5) drives the gear (6, 7) to rotate, and the gear (6, 7) drives the switching disk (9) to rotate through the connecting shaft (9a), so that the water hole (10a) is in communication with one of the water distribution holes (10a) (Paragraphs 41-42).
Regarding claim 2, Yang discloses the stepless switching top spray shower according to claim 1, further comprising a shower body (Examiner’s Annotated Figure 1), wherein the shower body is provided with a fixing seat (1); the rack (5) is mounted on the fixing seat in a sliding manner (Figure 3) (Paragraph 41, the rack slides up and down), and the gear (6, 7) is rotatably mounted on the fixing seat (Paragraph 41).
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Examiner’s Annotated Figure 1
Regarding claim 3, Yang discloses the stepless switching top spray shower according to claim 2, wherein the fixing seat (1, 2, 13) is provided with a sliding rail or a sliding groove (Examiner’s Annotated Figure 1, a first side of the rack (5) is connected to the driving mechanism (3, 4), and a second side of the rack is connected to the sliding rail or the sliding groove by sliding fit (Examiner’s Annotated Figure 1, the rack is slide into the sliding rail).
Regarding claim 6, Yang discloses the stepless switching top spray shower according to claim 1, wherein the water distribution cover (Examiner’s Annotated Figure 3) is provided on the water outlet channels (Examiner’s Annotated Figure 3) (Figure 10), and a first water distribution chamber (Examiner’s Annotated Figure 3) and a second water distribution chamber (Examiner’s Annotated Figure 3) are formed on an upper side and a lower side of the water distribution cover respectively (Examiner’s Annotated Figure 3);
when the rack (5) and the gear (6, 7) are in a first meshing position, water flows into the first water distribution chamber (Examiner’s Annotated Figure 3) via one of the water distribution holes (one of the holes 10a) and then flows out via a water outlet hole (an outlet hole of the front cover) to form first state water (The configuration provides for a first state water);
when the rack (5) and the gear (6, 7) are in a second meshing position, water flows into the second water distribution chamber (Examiner’s Annotated Figure 3) via other one of the water distribution holes (another hole 10a) and then flows out via the water outlet hole to form second state water (The configuration provides for a second state water).
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Examiner’s Annotated Figure 3
Regarding claim 7, Yang discloses the stepless switching top spray shower according to claim 6, wherein the water distribution cover (Examiner’s Annotated Figure 3)) is provided with a water hole (Examiner’s Annotated Figure 3), and the water from the first water distribution chamber enters the second water distribution chamber via the water hole (Examiner’s Annotated Figure 3).
Regarding claim 8, Yang discloses the stepless switching top spray shower according to claim 7, further comprising a water outlet body (Examiner’s Annotated Figure 3), wherein the water outlet hole (Examiner’s Annotated figure 3) is formed on the water outlet body (Examiner’s Annotated Figure 3), and the water outlet hole (Examiner’s Annotated Figure 3) is misaligned with the water hole (Examiner’s Annotated Figure 3), so that the water in the water hole enters the water outlet hole after rotation (Water in the water hole enters the outlet hole after rotation of the sealing disk).
Regarding claim 9, Yang discloses the stepless switching top spray shower according to claim 8, further comprising a decorative cover (Examiner’s Annotated Figure 3), wherein the decorative cover is provided with a water outlet yield hole (Examiner’s Annotated Figure 3), the quantity and position of the water outlet yield hole correspond to those of the water outlet hole (Examiner’s Annotated Figure 3), and the diameter of the water outlet yield hole is greater than that of the water outlet hole (Examiner’s Annotated Figure 3).
Regarding claim 10, Yang discloses a sanitary ware, comprising the stepless switching top spray shower according to claim 1 (See claim 1).
Regarding claim 11, Yang discloses a sanitary ware, comprising the stepless switching top spray shower according to claim 2 (See claim 2).
Regarding claim 12, Yang discloses a sanitary ware, comprising the stepless switching top spray shower according to claim 3 (See claim 3).
Regarding claim 15, Yang discloses a sanitary ware, comprising the stepless switching top spray shower according to claim 6 (See claim 6).
Regarding claim 16, Yang disclosed a sanitary ware, comprising the stepless switching top spray shower according to claim 7 (See claim 7).
Regarding claim 17, Yang discloses a sanitary ware, comprising the stepless switching top spray shower according to claim 8 (See claim 8).
Regarding claim 18, Yang discloses a sanitary ware, comprising the stepless switching top spray shower according to claim 9 (See claim 9).
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) 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Zhou (US 9,795,974).
Regarding claim 4, Yang discloses the stepless switching top spray shower according to claim 3, wherein the driving mechanism (3, 4) is a push button (Element 3 of the mechanism is a button), the rack (5) is provided with an insertion hole (Examiner’s Annotated Figure 2), and an insertion rod (4) of the push button, but fails to disclose that the push button is insertion fit with the insertion hole.
Zhou discloses a device wherein a rod (222) of a push button is insertion fit within an insertion hole (235).
It would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yang with the disclosures of Zhou, providing a device wherein the insertion rod is insertion fit with the insertion hole, as Applicant has not disclosed that the structure solves a stated problem, or is for a particular purpose. Further, it appears the device would perform equally well with the abutting structure put forth by Yang.
Regarding claim 13, Yang in view of Zhou discloses a sanitary ware, comprising the stepless switching top spray shower according to claim 4 (See claim 4).
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Examiner’s Annotated Figure 2
Claim(s) 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Quinn (US 9347208).
Regarding claim 5, Yang discloses the stepless switching top spray shower according to claim 2, wherein a water outlet chamber is provided at a water outlet end (Examiner’s Annotated Figure 1, The area about holes 10a), and a sealing piece (Examiner’s Annotated Figure 1) is provided in the water outlet chamber (Examiner’s Annotated Figure 1);
the water hole (9b) of the switching disk is in communication with the water outlet chamber (Paragraphs 41-42), but fails to disclose a ball is provided at a water inlet end of the fixing seat (1, 2, 13).
Quinn discloses a device that includes a ball (126) provided at a water inlet end (112) of a fixing seat (Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yang with the disclosures of Quinn, providing a ball (Quinn, 126, along with the bracket body) at a water inlet end of the fixing seat (Yang, 1, 2 13), in order to provide for a known structure that secures position of the showerhead for operation.
Regarding claim 14, Yang in view of Quinn discloses a sanitary ware, comprising the stepless switching top spray shower according to claim 5 (See claim 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. 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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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752