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 .
Election/Restrictions
Applicant’s election without traverse of species II, figures 8-14 in the reply filed on 9/14/2026 is acknowledged.
Claims 1-11 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/14/2026.
Claim Rejections - 35 USC § 112
Claims 15 and 20 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 “racetrack shape” in claims 15 and 20 is a relative term which renders the claim indefinite. The term “racetrack shape” 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 examiner notes that racetrack can be shaped differently and are not all oval.
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) 12 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leber et al. (8,020,787).
Regarding claim 12, Leber shows a showerhead assembly (10) configured to couple to a surface, the showerhead assembly comprising: a base portion (48) configured to couple to the surface, the base portion defining a water supply inlet (20) configured to receive a flow of water; an arm portion (14) coupled to the base portion, the arm portion comprising: a first arm (52) defining a first conduit (60, 58) fluidly coupled to the water supply inlet, the first conduit configured to receive a first portion of the flow of water from the water supply inlet, and a second arm (50) defining a second conduit (fig 2) fluidly coupled to the water supply inlet, the second conduit configured to receive a second portion of the flow of water from the water supply inlet; and a showerhead (24) coupled to the arm portion, the showerhead defining a showerhead conduit (36, 40, 62, 24) fluidly coupled to the first conduit and the second conduit, the showerhead conduit configured to receive the first portion of the flow of water from the first conduit and the second portion of the flow of water from the second conduit.
Regarding claim 16, wherein the showerhead defines a plurality of nozzles (fig 1) fluidly coupled to the showerhead conduit configured to output the flow of water from the showerhead assembly.
Claim(s) 12 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peel et al. (WO 2009022112 A1).
Regarding claim 12, Peel shows a showerhead assembly (fig 10) configured to couple to a surface, the showerhead assembly comprising: a base portion (24) configured to couple to the surface, the base portion defining a water supply inlet (24a) configured to receive a flow of water; an arm portion (26) coupled to the base portion, the arm portion comprising: a first arm (26 left side) defining a first conduit (28) fluidly coupled to the water supply inlet, the first conduit configured to receive a first portion of the flow of water from the water supply inlet, and a second arm (28 right side) defining a second conduit (30) fluidly coupled to the water supply inlet, the second conduit configured to receive a second portion of the flow of water from the water supply inlet; and a showerhead (32) coupled to the arm portion, the showerhead defining a showerhead conduit (54) fluidly coupled to the first conduit and the second conduit, the showerhead conduit configured to receive the first portion of the flow of water from the first conduit and the second portion of the flow of water from the second conduit.
Regarding claim 16, wherein the showerhead defines a plurality of nozzles (46) fluidly coupled to the showerhead conduit configured to output the flow of water from the showerhead assembly.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neibrook et al. (5,862,985)
Regarding claim 18, Neibrook et al. shows a showerhead assembly (fig 1) configured to couple to a supply conduit extending through a surface, the showerhead assembly comprising: a showerhead (5) configured to couple to the supply conduit, the showerhead defining: a showerhead conduit (16) fluidly coupled to the supply conduit and configured to receive a flow of water from the supply conduit, a plurality of nozzles (220) fluidly coupled to the showerhead conduit configured to output the flow of water from the showerhead assembly, and an outer groove (fig 3a, for 21) configured to selectively receive a plurality of outer bands (21) to facilitate selectively interchanging the plurality of outer bands.
Regarding claim 19, the examiner notes that the plurality of outer bands have not been positively recited therefore, the groove in the device of Neibrook et al. is fully capable of receiving the plurality of outer bands, each has a different physical characteristic such that selectively interchanging the plurality of outer bands changes an appearance of the showerhead assembly.
Regarding claim 20, wherein each of the plurality of outer bands has a racetrack shape (a racetrack can be circular).
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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leber et al. (8,020,787) in view of Lacher et al. (2008/0210777)
Regarding claim 17, Leber et al. shows all aspects of the applicant’s invention as in claim 12 above, including :a showerhead body (24) defining the showerhead conduit; and a spray plate (34)
But fail to disclose that the spray plate is pivotably coupled to the showerhead body, the spray plate defining the plurality of nozzles such that a user of the showerhead assembly may pivot the spray plate relative to the showerhead body to adjust a spray angle of the flow of water outputted by the showerhead assembly.
Lacher et al teaches a water outlet that includes a showerhead body (8) defining the showerhead conduit; and a spray plate (2) the spray plate is pivotably coupled to the showerhead body (fig 1), the spray plate defining the plurality of nozzles (6) such that a user of the showerhead assembly may pivot the spray plate relative to the showerhead body to adjust a spray angle of the flow of water outputted by the showerhead assembly.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to make the spray plate pivotable with respect to the showerhead body, in order to direct the spray from the nozzles easily.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leber et al. (8,020,787) in view of Neibrook et al. (5,862,985)
Regarding claim 13, Leber et al/ shows all aspects of the applicant’s invention as in claim 12 above, but fails to disclose wherein the arm portion and the showerhead collectively define an outer groove configured to selectively receive a plurality of outer bands to facilitate selectively interchanging the plurality of outer bands.
Neibrook et al teaches a showerhead that defines an outer groove configured to selectively receive a plurality of outer bands to facilitate selectively interchanging the plurality of outer bands (it is capable of this)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add an outer groove to the outer perimeter of the showerhead and arms of Leber et al. and have it be capable of receiving a plurality of outer bands to facilitate selectively interchanging the plurality of outer bands, in order to make the showerhead easier to grip with wet hands as taught by Neibrook et al (col 5, lines 60-67)
Regarding claim 14, the examiner notes that the plurality of outer bands have not been positively recited therefore, the groove in the device of Leber as modified above is fully capable of receiving the plurality of outer bands, each has a different physical characteristic such that selectively interchanging the plurality of outer bands changes an appearance of the showerhead assembly.
Regarding claim 15, wherein each of the plurality of outer bands has a racetrack shape (a racetrack can be circular).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 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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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 10/6/2026
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