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.
Claim 13 is 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 13 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. The claim nor specification do not define what would be considered as the heating element positioned substantially centrally within the waterway. For examination purposes, it will be interpreted that the heating element is positioned centrally within the waterway.
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, 6, 9-10, 12-14, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Emery (US 20200208874 A1).
Regarding claim 1, Emery discloses a showerhead (101, Fig. 1) comprising:
a feed pipe (110, Fig. 1) coupled to a water input (coupling 110 allows water from a water supply line to enter into the showerhead assembly, Paragraph 0022);
a waterway (115, Fig. 2) connected at a first end to the feed pipe (114, bottom end of coupling 110, water flows from coupling 110 through top housing 102 to one or more orifices 114 and spiral channel 115, Figs. 1-2, Paragraphs 0022, 0025, 0027);
a heating element (107, Figs. 1-2) for heating water from the water input (Paragraph 0023); and
a sprayplate (103, Fig. 1) connected to a second end of the waterway (115, shown in Fig. 1, Paragraph 0030);
wherein water flows into the feed pipe (110, Fig. 1) via the water input (coupling 110 allows water from a water supply line to enter into the showerhead assembly, Paragraph 0022);
wherein water flows into the waterway (115, Fig. 2) via the feed pipe (water flows from coupling 110 through top housing 102 to one or more orifices 114 and spiral channel 115, Paragraphs 0022, 0025, 0027);
wherein heated water exits the showerhead (101, Fig. 1) via the sprayplate (103, heated water from spiral channel 115 flows through heater insert assembly 104 out of one or more orifices 116 and exits bottom housing 103 through orifices 111, Fig. 1, Paragraphs 0027, 0030).
Regarding claim 2, Emery discloses the showerhead of claim 1, the water input is one of a hot water line or a cold water line (water used for showerhead is hot water, Paragraphs 0006, 0010, 0014).
Regarding claim 3, Emery discloses the showerhead of claim 1, wherein water directly touches the heating element (107, Figs. 1-2, Paragraph 0025).
With respect to claim 6, Emery discloses the showerhead of claim 1, wherein the waterway (115, Fig. 2) is positioned along an outside edge of the sprayplate (103, shown in Figs. 1-2).
In regards to claim 9, Emery discloses a showerhead (101, Fig. 1) comprising:
a waterway (115, Fig. 2) coupled to a water input (110, coupling 110 allows water from a water supply line to enter into the showerhead assembly through top housing 102 to one or more orifices 114 and spiral channel 115, Fig. 1, Paragraphs 0022, 0025, 0027);
a heating element (107, Figs. 1-2) at least partially coupled to the waterway (115, shown in Fig. 2); and
a sprayplate (103, Fig. 1) connected to the waterway (115, shown in Fig. 1, Paragraph 0030);
wherein water flows into the waterway (115, Fig. 2) via the water input (110, Fig. 1, Paragraphs 0022, 0025, 0027);
wherein water is heated via the heating element (107, Figs. 1-2) in the waterway (115, Fig. 2, Paragraph 0025); and
wherein heated water exits the showerhead (101, Fig. 1) via the sprayplate (103, heated water from spiral channel 115 flows through heater insert assembly 104 out of one or more orifices 116 and exits bottom housing 103 through orifices 111, Fig. 1, Paragraphs 0027, 0030).
In regards to claim 10, Emery discloses the showerhead of claim 9, wherein the heating element (107, Figs. 1-2) is coupled to a microswitch actuator (113, Fig. 1) to activate or deactivate the heating element (107, power supply interrupter can provide one or more discrete intermediate power settings or a continuous regulation of power settings to heating element 107, Figs. 1-2, Paragraph 0023).
With respect to claim 12, Emery discloses the showerhead of claim 9, wherein the heating element (107, Figs. 1-2) extends out of a first end of the waterway (115, shown in Fig. 2).
Regarding claim 13, Emery discloses the showerhead of claim 9, wherein the heating element (107, Figs. 1-2) is positioned substantially centrally within the waterway (115, shown in Fig. 2).
Regarding claim 14, Emery discloses the showerhead of claim 9, wherein water directly touches the heating element (107, Figs. 1-2, Paragraph 0025).
With respect to claim 17, Emery discloses a showerhead (101, Fig. 1) comprising:
a water input (110, Fig. 1) providing water to the showerhead (coupling 110 allows water from a water supply line to enter into the showerhead assembly, Paragraph 0022);
a waterway (115, Fig. 2) connected at a first end to the water input (114, bottom end of coupling 110, Figs. 1-2), wherein water flows into the waterway via the water input (water flows from coupling 110 through top housing 102 to one or more orifices 114 and spiral channel 115, Paragraphs 0022, 0025, 0027); and
a heating element (107, Figs. 1-2) at least partially coupled to the waterway (115, shown in Fig. 2), wherein the heating element (107, Figs. 1-2) heats the water (Paragraph 0023).
In regards to claim 18, Emery discloses the showerhead of claim 17, further comprising a sprayplate (103, Fig. 1) with one or more nozzles (111, Fig. 1), wherein water exits the showerhead (101, Fig. 1) via the one or more nozzles (111, Fig. 1, Paragraph 0030).
With respect to claim 19, Emery discloses the showerhead of claim 17, wherein the water directly touches the heating element (107, Figs. 1-2, Paragraph 0025).
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Emery (US 20200208874 A1) in view of Penfold et al. (US 20230158522 A1).
With respect to claim 4, Emery discloses the showerhead of claim 1. However, Emery does not disclose the feed pipe is a coaxial pipe including a wet chamber and a dry chamber, wherein the wet chamber and the dry chamber are fluidly separated from one another.
Penfold teaches the feed pipe (190, 194, Figs. 47-48) is a coaxial pipe (shown in Figs. 47-48) including a wet chamber (190, Figs. 47-48) and a dry chamber (194, Figs. 47-48), wherein the wet chamber (190, Figs. 47-48) and the dry chamber (194, Figs. 47-48) are fluidly separated from one another (shown in Figs. 47-48).
Emery and Penfold are considered to be analogous art to the claimed invention because they are in the same field of showerheads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the feed pipe taught in Penfold’s showerhead to Emery’s showerhead. The substitution of one known element (the feed pipe in Emery) for another (the feed pipe as shown in Penfold) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the feed pipe shown in Penfold would have yielded predictable results, namely, a coaxial feed pipe including a wet chamber and a dry chamber in Emery to produce a more voluminous flow with an enhanced appearance (Penfold, Paragraph 0006).
With respect to claim 11, Emery discloses the showerhead of claim 10. However, Emery does not teach the microswitch actuator is coupled to a pressure switch for determining a pressure within the waterway and a pressure surrounding the heating element. Penfold teaches the microswitch actuator (7, Fig. 1) is coupled to a pressure switch (4, one or more control or sensing elements 4, can be water flow rate or pressure sensors, and/or any other means for producing or regulating or monitoring the flow of water, Fig. 1, Paragraph 0078) for determining a pressure within the waterway and a pressure surrounding the heating element (Paragraph 0078).
Emery and Penfold are considered to be analogous art to the claimed invention because they are in the same field of showerheads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the pressure switch taught in Penfold’s showerhead to Emery’s showerhead, to have the motivation to regulate water flow due to changes in flow or pressure (Penfold, Paragraph 0068).
Regarding claim 15, Emery discloses the showerhead of claim 9, further comprising a feed pipe (102, Fig. 1) housing at least a portion of the heating element (107, shown in Fig. 1). However, Emery does not disclose the feed pipe is a coaxial pipe including a wet chamber and a dry chamber, and wherein the wet chamber and the dry chamber are fluidly separated from one another.
Penfold teaches the feed pipe (190, 194, Figs. 47-48) is a coaxial pipe (shown in Figs. 47-48) including a wet chamber (190, Figs. 47-48) and a dry chamber (194, Figs. 47-48), and wherein the wet chamber (190, Figs. 47-48) and the dry chamber (194, Figs. 47-48) are fluidly separated from one another (shown in Figs. 47-48).
Emery and Penfold are considered to be analogous art to the claimed invention because they are in the same field of showerheads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the feed pipe taught in Penfold’s showerhead to Emery’s showerhead. The substitution of one known element (the feed pipe in Emery) for another (the feed pipe as shown in Penfold) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the feed pipe shown in Penfold would have yielded predictable results, namely, a coaxial feed pipe including a wet chamber and a dry chamber in Emery to produce a more voluminous flow with an enhanced appearance (Penfold, Paragraph 0006).
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Emery (US 20200208874 A1) in view of Penfold et al. (US 20230158522 A1), embodiment of Figs. 47-48, as applied to claim 4 above, and further in view of Penfold et al. (US 20230158522 A1), embodiment of Fig. 39.
In regards to claim 5, Emery, as modified by Penfold, discloses the showerhead of claim 4. Penfold teaches water flows in the wet chamber (190, water flows in water hose 190, Figs. 47-48, Paragraph 0344). However, Emery and Penfold do not teach at least one electrical component for the feed pipe is housed in the dry chamber.
In the embodiment of Fig. 39, Penfold teaches at least one electrical component (180, 180 is a fill mode control that can include electrical or mechanical user controls and/or control logic and/or output control signal components, e.g. embodied in user controls 7 and/or controller 6, Fig. 39, Paragraph 0312) for the feed pipe (10, 11, Fig. 39) is housed in the dry chamber (12, Fig. 39, Paragraph 0292).
Emery and Penfold are considered to be analogous art to the claimed invention because they are in the same field of showerheads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the at least one electrical component taught in Penfold’s showerhead to Emery’s showerhead, to have the motivation to provide user input and control to regulate water supply and/or other system components (Penfold, Paragraph 0312).
In regards to claim 16, Emery, as modified by Penfold, discloses the showerhead of claim 15, Penfold teaches water flows in the wet chamber (190, water flows in water hose 190, Figs. 47-48, Paragraph 0344). However, Emery and Penfold do not teach at least one electrical component for the feed pipe is housed in the dry chamber.
In the embodiment of Fig. 39, Penfold teaches at least one electrical component (180, 180 is a fill mode control that can include electrical or mechanical user controls and/or control logic and/or output control signal components, e.g. embodied in user controls 7 and/or controller 6, Fig. 39, Paragraph 0312) for the feed pipe (10, 11, Fig. 39) is housed in the dry chamber (12, Fig. 39, Paragraph 0292).
Emery and Penfold are considered to be analogous art to the claimed invention because they are in the same field of showerheads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the at least one electrical component taught in Penfold’s showerhead to Emery’s showerhead, to have the motivation to provide user input and control to regulate water supply and/or other system components (Penfold, Paragraph 0312).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Emery (US 20200208874 A1).
Regarding claim 7, Emery discloses the showerhead of claim 1. Emery discloses all aspects of the claimed invention except for the heating element has a diameter of 6.5 mm.
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to utilize a diameter of 6.5 mm for the heating element since the reviewing courts have held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Please note that in the instant application, the applicant has not disclosed any criticality for the claimed limitations in paragraph 0020 of the specification.
In regards to claim 8, Emery discloses the showerhead of claim 1. Emery discloses all aspects of the claimed invention except for the heating element has a length of 300 mm.
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to utilize a length of 300 mm for the heating element since the reviewing courts have held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Please note that in the instant application, the applicant has not disclosed any criticality for the claimed limitations in paragraph 0020 of the specification.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Emery (US 20200208874 A1) in view of Backus (US 20240384515 A1).
Regarding claim 20. Emery discloses the showerhead of claim 17. However, Emery does not disclose a diaphragm valve detecting a level of submergence of the heating element. Backus teaches a diaphragm valve (230, 324, Fig. 24A) detecting a level of submergence (Paragraphs 0168-0169, 0243)
Emery and Backus are considered to be analogous art to the claimed invention because they are in the same field of showerheads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the diaphragm valve taught in Backus’ showerhead to Emery’s showerhead, to have the motivation of offering light activation pressures and reliable operation (Backus, Paragraph 0173).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anna T Ho whose telephone number is (571)272-2587. The examiner can normally be reached M-F 8:00 AM-5:00 PM, First Friday of Pay Period off.
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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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/ANNA THI HO/Examiner, Art Unit 3752
/STEVEN M CERNOCH/Primary Examiner, Art Unit 3752
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