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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/02/2026 has been entered.
Response to Amendments
This office action is responsive to the amendment filed on 02/02/2026. As directed by the amendment: claims 146-147, 149, 152-153, 156, 160-162, and 165 have been amended, no claims have been canceled, and new claims 166-167 have been added. Thus, claims 146-167 are presently pending in the application.
Claim Interpretation
The term “user-presence sensor” is not defined in the specification and is reasonably understood according to its plain meaning as a sensor configured to detect the presence of a user and generate a signal indicative of that. The term by itself does not require a particular type of sensing mechanism.
The limitation “wherein the user-sensor region is not associated with the releasable component,” is not described in the specification and is reasonably understood according to its plain meaning as the sensor not being directly fixed to the releasable component.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The “user-sensor region” and “user-presence sensor”, first recited in lines 3 and 11 of claim 146 respectively, are not disclosed in the specification. Additionally, the limitation, “immediately generate a user-presence signal” set forth in line 12 of claim 146 is not disclosed in the specification. Lastly, the limitation, “wherein the user-sensor region is not associated with the releasable component” set forth in lines 4-5 of claim 156 is not disclosed in the specification.
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.
Claims 146-162 and 165-167 are rejected under 35 U.S.C. 103 as being unpatentable over Bath (WO-2015089582-A1) in view of Raches (US-20030168080-A1).
Regarding claim 146, Bath discloses an apparatus for supplying a flow of breathable gas at a positive pressure (FIG. 5d Pressure generator 4140) for respiratory therapy to a user (FIGS. 5-7 RPT device 4000 as set forth the Abstract), the apparatus comprising:
a housing (FIG. 5a-c External housing 4010 as well as the outer surface of muffler 4124) comprising an outlet (FIG. 8b and 8d Outlet tube 4006) and a user-sensor region (FIG. 7 Muffler lever 4124le shown in FIG. 7), the user-sensor region being located on an exterior surface of the housing that is accessible and exposed to the user when the apparatus is in an operable position (As shown best in FIG. 5b);
a pressure generator (FIG. 5d Pressure generator 4140 housed in FIG. 5a pneumatic block 4020 as set forth in [0270]) contained in the housing, the pressure generator configured to generate the flow of breathable gas and to supply the flow to the outlet (Pressure generator 4340 for producing a flow, or a supply, of air at positive pressure as set forth in [0291]);
a sensor (The outlet muffler 4124 can comprise a detection element, like a Hall Effect sensor as set forth in [0285]), the sensor being configured to generate a user-presence signal based on directly detecting that a user is in contact with the user-sensor region (Fig. 7b If muffler lever 4124le is actuated by the user, the detection element will directly detect the presence or absence of the outlet muffler 4124 as set forth in [0285], the direct contact of the user’s hand is sensed when the user lifts the lever 4124le and causes the one or more muffler clips 4124cl from the one or more complementary recesses in the dock 4130, the signal being the output of the hall-sensor that is then communicated to the controller);
a controller configured to receive the user-presence signal and to effect an action of the apparatus in accordance with the user-presence signal (The detection element may cause the controller to perform one more functions including: switch off on the heating element 5240, adjust the power output of the heating element 5240, switch off/on heating element in the circuit 4170, adjust the power output of the heating element in the air circuit 4170, adjust the pressure drop estimation between the pressure generator 4140 and the patient interface 3000, disable/enable use interface elements relating to operation of the humidifier 5000, or disable/enable data logging/data reporting relating to operation of the humidifier 5000 as set forth in [0285]).
Bath fails to explicitly disclose, a user-presence sensor positioned at the user-sensor region, the user-presence sensor being configured to immediately generate a user-presence signal based on directly detecting that a user is in contact with the user-sensor region.
However, Raches teaches a user-presence sensor (Raches: FIG. 2 Touch sensitive sensor 40 as set forth in [0018]) positioned at the user-sensor region (Raches: FIG. 2 Handle 24 as set forth in [0016]-[0017]), the user-presence sensor being configured to immediately generate a user-presence signal based on directly detecting that a user is in contact with or in proximity to the user-sensor region that also comprises, a controller configured to receive the user-presence signal and to effect an action of the apparatus in accordance with the user-presence signal (Raches: FIG. 4 The sensor 48 is electrically connected to a control circuit 50 as set forth in [0021], once the sensor 48 senses the user's intention to open the door 16, the operation of the device components are interrupted as set forth in [0021], and a sensor such as the touch sensitive sensor 40 shown is operatively attached to the handle 24 so that when a user makes contact with the touch sensitive sensor 40, operation of the dishwasher 10 is interrupted. Because the user must touch the handle 24 and thus the touch sensitive sensor 40 in order to open the door 16, the touch sensitive sensor 40 senses the presence and intention of the user to open the door 16 prior to the door 16 being opened as set forth in [0018], and the sensor can be a touch sensitive sensor 40, can include a light emitter 42 and light receiver 44, can include an infrared light emitter and an infrared light receiver or other variations such that the user's intention to open the door 16 or drawer is determined prior to the user's opening of the door 16 or drawer as set forth in [0020]), as it does in Bath as disclosed above.
Bath and Raches are both considered to be analogous to the claimed invention because they are in the same field of handles for opening compartments comprising detection elements to halt the operation of elements within the device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor configuration and handle of Bath with that of Raches and include, wherein, a user-presence sensor (Raches: FIG. 2 Touch sensitive sensor 40 as set forth in [0018]) positioned at the user-sensor region (Raches: FIG. 2 Handle 24 as set forth in [0016]-[0017]), the user-presence sensor being configured to immediately generate a user-presence signal based on directly detecting that a user is in contact with the user-sensor region that also comprises, a controller configured to receive the user-presence signal and to effect an action of the apparatus in accordance with the user-presence signal (Raches: FIG. 4 The sensor 48 is electrically connected to a control circuit 50 as set forth in [0021], once the sensor 48 senses the user's intention to open the door 16, the operation of the device components are interrupted as set forth in [0021], and a sensor such as the touch sensitive sensor 40 shown is operatively attached to the handle 24 so that when a user makes contact with the touch sensitive sensor 40, operation of the dishwasher 10 is interrupted. Because the user must touch the handle 24 and thus the touch sensitive sensor 40 in order to open the door 16, the touch sensitive sensor 40 senses the presence and intention of the user to open the door 16 prior to the door 16 being opened as set forth in [0018], and The sensor can be a touch sensitive sensor 40, can include a light emitter 42 and light receiver 44, can include an infrared light emitter and an infrared light receiver or other variations such that the user's intention to open the door 16 or drawer is determined prior to the user's opening of the door 16 or drawer as set forth in [0020]), as it does in Bath as disclosed above. Doing so would allow for the automatic interruption of operation of the device components prior to being opened (Raches: As set forth in [0010]). In the case of Bath as modified, the interruption of the operation being one of the effected operations of Bath as disclosed above (Bath: The detection element may cause the controller to perform one more functions including: switch off on the heating element 5240, adjust the power output of the heating element 5240, switch off/on heating element in the circuit 4170, adjust the power output of the heating element in the air circuit 4170, adjust the pressure drop estimation between the pressure generator 4140 and the patient interface 3000, disable/enable use interface elements relating to operation of the humidifier 5000, or disable/enable data logging/data reporting relating to operation of the humidifier 5000 as set forth in [0285]). The location of the user-presence sensor would be on the inside surface of the muffler lever/handle of Bath (Bath: FIG. 7 Muffler lever 4124le) as it is located on the inside surface of the handle 24 of Raches as seen in best in FIG. 2.
Regarding claim 147, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 146 above.
Bath as modified further discloses the apparatus, wherein the user-sensor region (FIG. 7 Muffler lever 4124le) includes a gripping portion (The inside surfaces and cavity formed by the muffler lever 4124le and the outer surface of the muffler 4124 as shown in FIG. 5b, 7d, and 9a) with one or more of: a handle, a cavity configured to receive at least a portion of the user's hand in use, and an outer surface of the housing (The muffler level 4124le as shown best in FIG. 5b is a handle that forms a cavity that the user’s hand fits in to engage with the lever formed by the inside surface of the lever and the outer surface of the housing).
Regarding claim 148, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 146 above.
Bath as modified further discloses the apparatus, wherein the action comprises disabling one of: an output device (The detection element may cause the controller to perform one or more functions including: switch off on the heating element 5240 as set forth in [0285]).
Regarding claim 149, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 146 above.
Bath as modified further discloses the apparatus, wherein as a result of receiving the user-presence signal, the controller is configured to alert the user of the presence of a releasable component (The user-presence sensor is configured to immediately generate a user-presence signal based on directly detecting that a user is in contact with the user-sensor region that is communicated to the controller configured effect an action of the apparatus in accordance with the user-presence signal, the action being, for example, turning off the heating element 5240 as set forth in [0285], as set forth above for modification for claim 146; The apparatus shutting off the heating element indicates to/alerts the user that a releasable component, specifically Muffler entry 4124in and muffler exit 4124ou conduits parts of outlet muffler 4124 of Bath, is present given that the handle is on the housing portion of muffler 4124).
Regarding claim 150, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 149 above.
Bath as modified further discloses the apparatus, wherein the releasable component is a water reservoir or conduit (FIG. 7 Muffler entry 4124in and muffler exit 4124ou; conduits part of outlet muffler 4124).
Regarding claim 151, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 149 above.
Bath as modified further discloses the apparatus, wherein the releasable component comprises a sensor configured to detect when a user is in proximity to the releasable component (FIG. 7 Muffler entry 4124in and muffler exit 4124ou are the conduits part of outlet muffler 4124, which comprises the detection element, Raches: FIG. 2 Touch sensitive sensor 40 as set forth in [0018] as taught by Raches).
Regarding claim 152, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 146 above.
Bath as modified further discloses the apparatus, wherein as a result of receiving the user-presence signal, the controller is configured to alert the user that the apparatus is active (The user-presence sensor is configured to immediately generate a user-presence signal based on directly detecting that a user is in contact with the user-sensor region that is communicated to the controller configured effect an action of the apparatus in accordance with the user-presence signal, the action being, for example, turning off the heating element 5240 as set forth in [0285], as set forth above for modification for claim 146; The apparatus shutting off the heating element indicates to/alerts the user that the apparatus is active given that if it weren’t, the sensor would have no effect on its operation).
Regarding claim 153, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 147 above.
Bath as modified further discloses the apparatus, wherein the gripping portion comprises a protrusion (FIG. 7d Muffler lever 41241e is protruding out from outlet muffler 4124 as shown in the figure below, meaning that the inside surfaces and cavity formed by the muffler lever comprise a protrusion).
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Regarding claim 154, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 153 above.
Bath as modified further discloses the apparatus, wherein the protrusion (Protrusion of Muffler lever 41241e) extends outwardly from a top surface of the housing (As shown in FIG. 7d).
Bath as modified does not explicitly disclose the protrusion extending at an acute angle.
However, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the protrusion extend outwardly from a top surface of the housing at an acute angle in the device of Bath because the applicant has not disclosed that the protrusion extending outwardly from a top surface of the housing at an acute angle provides an advantage, is used for a particular purpose, or solves a stated problem. The angle of the protrusion has no effect on any functions shown in the specification. One of ordinary skill in the art, furthermore, would have expected the degree of protrusion of modified Bath, and Applicant' s degree of protrusion in reference to the housing, to perform equally well because both mechanisms perform the same function of providing a handle for opening or removing a compartment of the device able to receive the user’s hand for interaction with the device.
Therefore, it would have been prima facie obvious to modify Bath as modified to obtain the invention as specified in claim 154 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired angle of the protrusion and to provide the same function of being able to receive the user’s hand for interaction with the device and thus fails to patentably distinguish over the prior art of Bath as modified.
Regarding claim 155, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 154 above.
Bath as modified does not explicitly disclose the apparatus, wherein the acute angle is between approximately 10 degrees and approximately 40 degrees.
However, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the acute angle between approximately 10 degrees and approximately 40 degrees in the device of Bath because the applicant has not disclosed that the protrusion extending outwardly from a top surface of the housing at an acute angle between approximately 10 degrees and approximately 40 degrees provides an advantage, is used for a particular purpose, or solves a stated problem. The angle of the protrusion has no effect on any functions shown in the specification. One of ordinary skill in the art, furthermore, would have expected the degree of protrusion of modified Bath, and Applicant' s degree of protrusion in reference to the housing, to perform equally well because both mechanisms perform the same function of providing a handle for opening or removing a compartment of the device able to receive the user’s hand for interaction with the device.
Therefore, it would have been prima facie obvious to modify Bath as modified to obtain the invention as specified in claim 155 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired angle of the protrusion and to provide the same function of being able to receive the user’s hand for interaction with the device and thus fails to patentably distinguish over the prior art of Bath as modified.
Regarding claim 156, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 146 above.
Bath as modified by Raches further teaches, the apparatus further comprising a releasable component (FIG. 7 Muffler entry 4124in and muffler exit 4124ou; conduits part of outlet muffler 4124), wherein the user-presence sensor is configured to directly detect the user contacting the user-sensor region regardless of whether the releasable component is released (Raches: FIG. 4 The sensor 48 is electrically connected to a control circuit 50 as set forth in [0021], once the sensor 48 senses the user's intention to open the door 16, the operation of the device components are interrupted as set forth in [0021], and a sensor such as the touch sensitive sensor 40 shown is operatively attached to the handle 24 so that when a user makes contact with the touch sensitive sensor 40, operation of the dishwasher 10 is interrupted. Because the user must touch the handle 24 and thus the touch sensitive sensor 40 in order to open the door 16, the touch sensitive sensor 40 senses the presence and intention of the user to open the door 16 prior to the door 16 being opened as set forth in [0018], and the sensor can be a touch sensitive sensor 40, can include a light emitter 42 and light receiver 44, can include an infrared light emitter and an infrared light receiver or other variations such that the user's intention to open the door 16 or drawer is determined prior to the user's opening of the door 16 or drawer as set forth in [0020]), wherein the user-sensor region is not associated with the releasable component (The sensor is not directly fixed to the releasable component, Muffler entry 4124in and muffler exit 4124ou).
Regarding claim 157, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 153 above.
Bath as modified further discloses the apparatus, wherein the protrusion provides an overhang or cavity configured to receive at least a portion of the user's hand in use (As shown in the annotated figure below).
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Regarding claim 158, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 153 above.
Bath as modified further discloses the apparatus, wherein protrusion includes an underside surface, and the gripping portion is provided as a rib on the underside surface (As shown in the annotated figure below).
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Regarding claim 159, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 158 above.
Bath as modified further discloses the apparatus, wherein the rib is provided on a distal part of the protrusion away from a body of the apparatus (As shown in the annotated figure below).
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Regarding claim 160, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 153 above.
Bath as modified further discloses the apparatus, wherein the protrusion further comprises the user-presence sensor (The location of the user-presence sensor would be on the inside surface of the muffler lever/handle of Bath (Bath: FIG. 7 Muffler lever 4124le) as it is located on the inside surface of the handle 24 of Raches as seen in best in FIG. 2 as set forth for claim 146 as modified above, which would be on the inside of the protrusion portion of the lever).
Regarding claim 161, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 158 above.
Bath as modified further discloses the apparatus, wherein the user-presence sensor is positioned within or on the rib (The location of the user-presence sensor would be on the inside surface of the muffler lever/handle of Bath (Bath: FIG. 7 Muffler lever 4124le) as it is located on the inside surface of the handle 24 of Raches as seen in best in FIG. 2 as set forth for claim 146 as modified above, which would be on the inside of the rib portion of the lever).
Regarding claim 162, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 153 above.
Bath as modified further discloses the apparatus, wherein the user-presence sensor is positioned underneath the protrusion (The location of the user-presence sensor would be on the inside surface of the muffler lever/handle of Bath (Bath: FIG. 7 Muffler lever 4124le) as it is located on the inside surface of the handle 24 of Raches as seen in best in FIG. 2 as set forth for claim 146 as modified above, which would be on the underneath the part of the protrusion portion of the lever).
Regarding claim 165, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 146 above.
Bath as modified further discloses the apparatus, wherein the user-presence sensor comprises one or more of a proximity sensor or a contact sensor (Raches: FIG. 4 The sensor 48 is electrically connected to a control circuit 50 as set forth in [0021], once the sensor 48 senses the user's intention to open the door 16, the operation of the device components are interrupted as set forth in [0021], and a sensor such as the touch sensitive sensor 40 shown is operatively attached to the handle 24 so that when a user makes contact with the touch sensitive sensor 40, operation of the dishwasher 10 is interrupted. Because the user must touch the handle 24 and thus the touch sensitive sensor 40 in order to open the door 16, the touch sensitive sensor 40 senses the presence and intention of the user to open the door 16 prior to the door 16 being opened as set forth in [0018], and the sensor can be a touch sensitive sensor 40, can include a light emitter 42 and light receiver 44, can include an infrared light emitter and an infrared light receiver or other variations such that the user's intention to open the door 16 or drawer is determined prior to the user's opening of the door 16 or drawer as set forth in [0020]; the contact sensor being the touch sensitive sensor and the proximity sensor being one that includes light emitter 42 and light receiver 44, wherein The step of sensing can include sensing that the user has broken a light curtain or beam of light or sensing that the user has touched a handle of the dishwasher as set forth in [0011]).
Regarding claim 166, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 146 above.
Bath as modified further discloses the apparatus, wherein the user-presence sensor is a proximity sensor that is configured to generate the user-presence signal based on the user being proximate to, but prior to making contact with, the sensor region (Raches: FIG. 4 The sensor 48 is electrically connected to a control circuit 50 as set forth in [0021], once the sensor 48 senses the user's intention to open the door 16, the operation of the device components are interrupted as set forth in [0021], and a sensor such as the touch sensitive sensor 40 shown is operatively attached to the handle 24 so that when a user makes contact with the touch sensitive sensor 40, operation of the dishwasher 10 is interrupted. Because the user must touch the handle 24 and thus the touch sensitive sensor 40 in order to open the door 16, the touch sensitive sensor 40 senses the presence and intention of the user to open the door 16 prior to the door 16 being opened as set forth in [0018], and the sensor can be a touch sensitive sensor 40, can include a light emitter 42 and light receiver 44, can include an infrared light emitter and an infrared light receiver or other variations such that the user's intention to open the door 16 or drawer is determined prior to the user's opening of the door 16 or drawer as set forth in [0020]; the contact sensor being the touch sensitive sensor and the proximity sensor being one that includes light emitter 42 and light receiver 44, wherein The step of sensing can include sensing that the user has broken a light curtain or beam of light or sensing that the user has touched a handle of the dishwasher as set forth in [0011], the proximity sensor would generate the user-presence signal based on the user being proximate to, but prior to making contact with, the sensor region).
Regarding claim 167, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 146 above.
Bath as modified further discloses the apparatus, wherein the user-presence sensor is a contact sensor that is configured to generate the user-presence signal only based on the user making direct contact with an exterior, exposed surface of the user-sensor region, whilst the apparatus is stationary and fully assembled and in the operable position (Raches: FIG. 4 The sensor 48 is electrically connected to a control circuit 50 as set forth in [0021], once the sensor 48 senses the user's intention to open the door 16, the operation of the device components are interrupted as set forth in [0021], and a sensor such as the touch sensitive sensor 40 shown is operatively attached to the handle 24 so that when a user makes contact with the touch sensitive sensor 40, operation of the dishwasher 10 is interrupted. Because the user must touch the handle 24 and thus the touch sensitive sensor 40 in order to open the door 16, the touch sensitive sensor 40 senses the presence and intention of the user to open the door 16 prior to the door 16 being opened as set forth in [0018], and the sensor can be a touch sensitive sensor 40, can include a light emitter 42 and light receiver 44, can include an infrared light emitter and an infrared light receiver or other variations such that the user's intention to open the door 16 or drawer is determined prior to the user's opening of the door 16 or drawer as set forth in [0020]; the contact sensor being the touch sensitive sensor, wherein The step of sensing can include sensing that the user has broken a light curtain or beam of light or sensing that the user has touched a handle of the dishwasher as set forth in [0011]).
Claims 163-164 are rejected under 35 U.S.C. 103 as being unpatentable over Andrew (WO-2015089582-A1) in view of Raches (US-20030168080-A1) as applied to claims 147 and 153, in view of Barker (WO-2016207838-A1).
Regarding claim 163, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 153 above.
Bath as modified fails to explicitly disclose, wherein the protrusion supports at least one input or output device.
However, Barker teaches an apparatus, wherein the protrusion supports at least one input or output device (Barker: The handle may be provided with an actuator such as a user actuated button as set forth in [00630]).
Bath and Barker are both considered to be analogous to the claimed invention because they are in the same field of breathing apparatuses. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the protrusion of Bath to incorporate the teaching of Barker and include wherein the protrusion supports at least one input or output device (Barker: The handle may be provided with an actuator such as a user actuated button as set forth in [00630]). Doing so would enable the user to urge movement of the protrusion (Barker: As set forth in [00630]).
Regarding claim 164, Bath as modified discloses the claimed invention substantially as claimed as set forth for claim 147 above.
Bath as modified does not explicitly disclose the apparatus, wherein the gripping portion comprises one or more markings or structures which indicate to the user that the device provides a movement sensitive region proximate to the apparatus.
However, Barker teaches an apparatus, wherein the gripping portion comprises one or more markings or structures which indicate to the user that the device provides a movement sensitive region proximate to the apparatus. (Barker: The button on the handle would indicate to a user that the handle is an interactive element)
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bath to incorporate the teaching of Barker and include wherein the gripping portion comprises one or more markings or structures which indicate to the user that the device provides a movement sensitive region proximate to the apparatus (Barker: The button on the handle would indicate to a user that the handle is an interactive element). Doing so would enable the user to urge movement of the protrusion (Barker: As set forth in [00630]).
Response to Arguments
Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive.
Applicant argues that the Final Rejection interprets "a sensor configured to directly detect a user contacting or in proximity to the gripping portion" to mean detecting the user's direct interaction with the gripping portion of the device, the interaction being the user causing the actuation of the gripping portion, and that this feature is disclosed in Andrew and that Applicant does not agree with the Examiner's interpretation or the application of Andrew to claim 146. Applicant considers that the sensor of the current application sensing the user directly is fundamentally different from Andrew where the contact with the user's hand is only sensed indirectly by detection of the presence or absence of the outlet muffler, and that given the difference in operation, it is difficult to understand how the Examiner objects based on Andrew.
However, Examiner would like to note that the claims are interpreted in light of the specification, and that limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims must be interpreted under their broadest reasonable interpretation, and based on the claim language responded to in the last Office Action, examiner believes the operation of Andrew (Bath) teaches the claimed limitation, "a sensor configured to directly detect a user contacting or in proximity to the gripping portion" given the user's direct interaction with the gripping portion of the device is being detected. Nonetheless, the new claim limitations added in the amendment for claim 146 are addressed above.
New grounds of rejection are made above to address the amendments and new claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEIRA EILEEN CALLISON whose telephone number is (571)272-0745. The examiner can normally be reached Monday-Friday 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEIRA EILEEN CALLISON/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights