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 9-15 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.
The term “substantially” in claim 9 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What amount of deviation allows for a value to still be considered substantially equal?
Claim 9 recites the limitation “media” the limitation appears to be an improper double inclusion of previously recited media. Does the limitation refer back to a previously recited media, or put forth a different media?
Claim 11 is unclear as to whether the limitations require a first and second inlet. The claim puts forth at least one first inlet or second inlet, and then requires the first and second inlet being in communication with the channel. Does the device require a first and second inlet?
The remaining claims are rejected due to dependency from claim 9.
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) 1-8 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Penfold (GB 2612790).
Regarding claim 1, Penfold discloses a showerhead comprising:
a plurality of nozzles (11), wherein each of the plurality of nozzles comprises:
a first chamber (the central area of chamber 70) defined by a first housing (70); and
a second chamber (16) defined by the first housing and a second housing (70”);
at least two inlets (20, 30), wherein a first inlet (30) of the at least two inlets provides a first media to the first chamber (Page 6, lines 28-33), and wherein a second inlet (20) of the at least two inlets provides a second media to the second chamber (Page 6, lines 28-33);
wherein the first media and the second media mix in air after exiting a first outlet of the first chamber and a second outlet of the second chamber, respectively (Page 7, lines 6-11 and Abstract).
Regarding claim 2, Penfold discloses the showerhead of claim 1, further comprising a partition (100) that divides each of the plurality of nozzles into the first chamber and the second chamber (Figure 7A, the housing from the partition protrudes into each of the nozzles).
Regarding claim 3, Penfold discloses the showerhead of claim 1, wherein the first chamber is adjustable relative to the second chamber between a first position and a second position (Page 11, lines 14-16, the lining 80 forming the second chamber may flex, adjusting the relative position between a first and second position; Page 12, lines 12-16, the outlet of tube 70 may be flexible, allowing the position of the relative position of the first and second chamber).
Regarding claim 4, Penfold discloses the showerhead of claim 3, wherein when the first chamber is in the first position, the second chamber has a first width, and wherein when the first chamber is in the second position, the second chamber has a second width (Page 11, lines 14-16, the lining 80 forming the second chamber may flex, adjusting the relative position between a first and second position; Page 12, lines 12-16, the outlet of tube 70 may be flexible, allowing the position of the relative position of the first and second chamber; Adjustment of the position of the first chamber alone or along with the second chamber will provide for changing of the width of the second chamber).
Regarding claim 5, Penfold discloses the showerhead of claim 4, wherein the first width is less than the second width (The structure provides for the claimed change in width).
Regarding claim 6, Penfold discloses the showerhead of claim 3, wherein when the first chamber is in the first position, the second chamber has a first cross-sectional area, and wherein when the first chamber is in the second position, the second chamber has a second cross-sectional area (Page 11, lines 14-16, the lining 80 forming the second chamber may flex, adjusting the relative position between a first and second position; Page 12, lines 12-16, the outlet of tube 70 may be flexible, allowing the position of the relative position of the first and second chamber).
Regarding claim 7, Penfold discloses the showerhead of claim 6, wherein the first cross-sectional area is less than the second cross-sectional area (The first tube may be narrowed to provide for a wider second area).
Regarding claim 8, Penfold discloses the showerhead of claim 1, wherein the second chamber is adjustable relative to the first chamber (Page 11, lines 14-16, the lining 80 forming the second chamber may flex, adjusting the relative position between a first and second position; Page 12, lines 12-16, the outlet of tube 70 may be flexible, allowing the position of the relative position of the first and second chamber).
Regarding claim 16, Penfold discloses a showerhead comprising:
a plurality of nozzles (11), wherein each of the plurality of nozzles comprises:
a first chamber (the central area of chamber 70); and
a second chamber (16);
at least two inlets (20, 30), wherein a first inlet (30) of the at least two inlets provides a first media to the first chamber (Page 6, lines 28-33), and wherein a second inlet (20) of the at least two inlets provides a second media to the second chamber (Page 6, lines 28-33);
wherein the first chamber is adjustable relative to the second chamber between a first position and a second position (Page 11, lines 14-16, the lining 80 forming the second chamber may flex, adjusting the relative position between a first and second position; Page 12, lines 12-16, the outlet of tube 70 may be flexible, allowing the position of the first chamber relative to the second chamber is adjustable between a first and second position).
Regarding claim 17, Penfold discloses the showerhead of claim 16, wherein the first media and the second media mix in air after exiting a first outlet of the first chamber and a second outlet of the second chamber, respectively (Page 7, lines 6-11 and Abstract).
Regarding claim 18, Penfold discloses the showerhead of claim 16, wherein when the first chamber is in the first position, the second chamber has a first width, and wherein when the first chamber is in the second position, the second chamber has a second width (The first chamber may be adjusted in position, while the width of the second chamber is widened, through the flexible operation of the second chamber).
Regarding claim 19, Penfold discloses the showerhead of claim 18, wherein the first width is less than the second width (The first chamber may be adjusted in position, while the width of the second chamber is widened, through the flexible operation of the second chamber).
Regarding claim 20, Penfold discloses the showerhead of claim 16, wherein when the first chamber is in the first position, the second chamber has a first cross-sectional area, and wherein when the first chamber is in the second position, the second chamber has a second cross-sectional area, and wherein the first cross- sectional area is less than the second cross-sectional area (The first chamber may be adjusted in position, while the width of the second chamber is widened, through the flexible operation of the second chamber).
Claim(s) 9-11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gungor (US 8,955,547).
Regarding claim 9, Gungor discloses a showerhead comprising:
a substantially spiral-shaped channel (402), wherein the channel comprises a first end (422) and a second end (404), and wherein a first width of the channel proximate to the first end is greater than a second width of the channel proximate to the second end (The width of the channel at 422 is greater than a channel at the narrowaed in 404);
at least one inlet (414) for providing a media to the channel (The valve is capable of performing the claimed function); and a plurality of nozzles (408) aligned along the channel (Figure 4);
wherein a first pressure of media exiting a first nozzle of the plurality of nozzles is substantially equal to a second pressure of media exiting a second nozzle of the plurality of nozzles (Column 8, lines 3-7; The spacing is adjusted to provide for uniform flow along the channel).
Regarding claim 10, Gungor discloses the showerhead of claim 9, wherein each of the plurality of nozzles is arranged in a pattern of radial spokes extending between a center point of a body of the showerhead and an outer edge of the body (Figure 7).
Regarding claim 11, Gungor discloses the showerhead of claim 9, wherein the at least one inlet comprises at least one of:
a first inlet coupled to a first external source of a first media; and
a second inlet coupled to a second external source of a second media;
wherein the first inlet and the second inlet are each in fluid communication with the channel (As best understood, the device includes a source of first media in fluid communication with the channel).
Regarding claim 15, Gungor discloses the showerhead of claim 9, further comprising a heated conduit (302) which heats the media entering the channel (Column 7, lines 6-9).
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) 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gungor.
Regarding claim 12, Gungor discloses the showerhead of claim 11, but fails to disclose wherein the first media and the second media mix within the channel before being dispensed by the plurality of nozzles.
Gungor discloses that the device may be configured such that the inlets are intermixed (Column 15, lines 5-7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gungor to include the first media and the second media mix within the channel before being dispensed by the plurality of nozzles, in order to provide for known benefits, such as a stronger gas curtain, as disclosed by Gungor (Column 20, lines 1-4).
Regarding claims 13-14, Gungor discloses the showerhead of claim 11, but fails to disclose wherein the first media is water and the second media is air or wherein the first media is air and the second media is water. 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 provide the first or second media as water and the first or second media as air, as Applicant has not disclosed that the structure is for a particular purpose or solves a stated problem, and it appears the device would perform equally well with both fluids being gases. Examiner also notes that Applicant puts forth that both media may be gas, as an alternative to a configuration featuring water and gas.
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
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