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 .
Response to Amendment
The Amendment filed 17 September 2025 has been entered. Claims 1-10 remain pending in the application. Applicant's amendments to the Claims have overcome each and every rejection previously set forth in the Non-Final Office Action dated 12 February 2025; however, upon further consideration new rejections are set forth as explained below.
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 1-10 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.
Regarding claim 1, the limitation of “a second light source” in line 17 renders the claim indefinite because a “second light source” was already positively recited in line 12. As a result, it is unclear if line 17 requires a second “second light source”, or if it is referring to the “second light source” that was already recited. For the purposes of examination, the latter interpretation will be assumed; this appears to be consistent with the drawings.
Claims 2-10 are rejected for depending from indefinite claim 1.
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 1-5, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (US 2020/0316620) in view of Reeves-Jackson et al. (US 2021/0102543) and Beidokhti (US 2002/0179728).
Regarding claim 1, Xu discloses a water floating-type light fountain (fig. 1), the light fountain comprising:
a light-transmitting casing (par. 58 – first section 131 is transparent) which floats on water (par. 22), a mounting cavity (151) being formed in the light-transmitting casing (fig. 3), the light-transmitting casing comprising an upper casing (132) and a bottom casing (133) that are integrally formed (fig. 3 – elements 132 and 133 form a complete housing), a size of the upper casing being larger than that of the bottom casing (fig. 3), a hollow annular cavity being formed between a top surface and a bottom surface of the upper casing (fig. 3 – the cavity formed by 132 extends the length of the element, from its top surface to its bottom surface), so that a band-shaped light-emitting surface being formed on an outer side surface of the upper case (fig. 3 – upper cylindrical portion of 132), and the top surface of the upper casing being further provided with an opening communicating with the mounting cavity (the opening is the portion corresponding to element 131);
a light-emitting assembly comprising a circuit board (500), and a first light source (141) and a second light source (142) arranged on the circuit board (par. 67), the circuit board being disposed in the opening (fig. 8), the first light source being located at a front of the circuit board facing the opening (figs. 3, 8), the second light source being located at a back of the circuit board (figs. 3, 8), the opening being also provided with a transparent cover plate (131, see par. 58) above the circuit board (fig. 3), the cover plate being sealedly connected with the upper casing (par. 50); and
a water-spraying assembly comprising a spray head (1311) and a water pipe (152) one end of the water pipe being connected to the spray head, and the other end of the water pipe passing through the mounting cavity of the light-transmitting casing (fig. 3).
Xu does not disclose that the spray head being arranged above the cover plate or wherein the first light source and the second light source are sealedly between the cover plate and the upper casing, with the first light source not extending out of the cover plate, and light emitted by the second light source is projected onto on the light-emitting surface of the upper casing.
Reeves-Jackson teaches a water floating-type light fountain (20, see par. 2) comprising a casing (22) with a cover plate (21) and a water-spraying assembly having a spray head (4) being arranged above the cover plate (fig. 1A).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fountain of Xu such that the spray head is arranged above the cover plate, as taught by Reeves--Jackson, since this was known to provide a convenient means to carry the unit (Reeves-Jackson, par. 91).
Beidokhti teaches a water floating-type light fountain (10, see fig. 1) comprising a casing (20) with a cover plate (21) and wherein a first light source (28, see par. 67, 69) and a second light source (28, see par. 67, 69) are sealedly between the cover plate and the upper casing (par. 69, fig. 2), with the first light source not extending out of the cover plate (fig. 2), and light emitted by the second light source is projected onto on a light-emitting surface (27) of the upper casing (fig. 2).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fountain of Xu such that the first light source and the second light source are sealedly between the cover plate and the upper casing, with the first light source not extending out of the cover plate, and light emitted by the second light source is projected onto on the light-emitting surface of the upper casing, as taught by Beidokhti, since this was known to produce upwardly directed light beams which illuminate fountain spray (par. 54).
Regarding claim 2, Xu in view of Reeves-Jackson and Beidokhti discloses the light fountain described regarding claim 1, and further wherein the bottom casing is provided with an accommodating groove which is open toward a bottom surface of the bottom casing (see annotated figure), the accommodating groove is provided with a through hole that communicates with the mounting cavity for the water pipe to pass through (see annotated figure), the through hole is tightly matched with the water pipe (fig. 3), the water-spraying assembly further comprises a water pump (110) disposed in the accommodating groove (fig. 3), and the water pipe is connected to the water pump (fig. 3).
Regarding claim 3, Xu in view of Reeves-Jackson and Beidokhti discloses the light fountain described regarding claim 2, and further wherein a filter plate (300) is provided at a mouth of the accommodating groove (fig. 3).
Regarding claim 4, Xu in view of Reeves-Jackson and Beidokhti discloses the light fountain described regarding claim 2, and further wherein the mounting cavity of the light-transmitting casing is provided with a rechargeable power source (120, see par. 67 and fig. 3) that is electrically connected to the circuit board and the water pump (par. 67).
Regarding claim 5, Xu in view of Reeves-Jackson and Beidokhti discloses the light fountain described regarding claim 4, and further wherein the water pump is provided with two exposed electrode contacts for controlling start/stop of the water pump, which are a cathode contact and an anode contact respectively (par. 11).
Regading claim 8, Xu in view of Reeves-Jackson and Beidokhti discloses the light fountain described regarding claim 1, and further wherein the water pipe is fixed on the cover plate to form a whole structure with the cover plate (fig. 3).
Regading claim 10, Xu in view of Reeves-Jackson and Beidokhti discloses the light fountain described regarding claim 1, and further wherein a transition surface between the upper casing and the bottom casing is arc-shaped (see annotated figure).
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Annotated Figure 3 of Xu
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Xu, in view of Reeves-Jackson and Beidokhti, and further in view of Chen et al. (US 2022/0008950).
Regading claim 6, Xu in view of Reeves-Jackson and Beidokhti discloses the light fountain described regarding claim 4, and Reeves-Jackson further teaches wherein the fountain may be solar powered (par. 79). Xu in view of Reeves-Jackson and Beidokhti does not disclose a solar panel is disposed above the cover plate in a sealed connection therewith, the solar panel is electrically connected to the rechargeable power source, and the solar panel is provided with a mounting hole for the spray head to pass through and a plurality of light-transmitting holes around the mounting hole.
Chen teaches a light fountain (par. 36; fig. 1) comprising a solar panel (13) disposed above a cover plate (111) in a sealed connection therewith (par. 38), the solar panel is electrically connected to a rechargeable power source (par. 36), and the solar panel is provided with a mounting hole (113) for a spray head to pass through (par. 38) and a plurality of light-transmitting holes (155) around the mounting hole (fig. 2).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the light fountain of Xu in view of Reeve-Jackson and Beidokhti to comprise a solar panel is disposed above the cover plate in a sealed connection therewith, the solar panel is electrically connected to the rechargeable power source, and the solar panel is provided with a mounting hole for the spray head to pass through and a plurality of light-transmitting holes around the mounting hole, since this was a known arrangement for incorporating solar power structures in a light fountain.
Regading claim 7, Xu in view of Reeves-Jackson, Beidokhti, and Chen discloses the light fountain described regarding claim 6, and Chen further teaches wherein the first light source on the circuit board is directly opposite to the light-transmitting holes on the solar panel (fig. 2).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Xu, in view of Reeves-Jackson and Beidokhti, and further in view of Hui et al. (US 2017/0159927).
Regading claim 9, Xu in view of Reeves-Jackson and Beidokhti discloses the light fountain described regarding claim 1, but not further wherein a sealing gasket is provided between the cover plate and the upper casing.
Hui teaches a light fountain comprising a casing (12) and a cover plate (14), wherein a sealing gasket (28) is provided between the cover plate and the upper casing (par. 21; fig. 5).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the light fountain of Xu in view of Reeve-Jackson and Beidokhti to further provide a sealing gasket between the cover plate and the upper casing, as taught by Hui, since this was known to prevent leakage between two parts (par. 21).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that Xu does not disclose wherein the light sources are located on opposite sides of the same circuit board. In response it is noted that light source 142 is located on one side of the circuit board 500 and light source 141 is located on the opposite side of the circuit board 500 (see fig. 8 – circuit board 500 is arranged between the lights sources 141, 142).
Applicant’s remaining arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CODY J LIEUWEN whose telephone number is (571)272-4477. The examiner can normally be reached Monday - Thursday 8-5, Friday varies.
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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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/CODY J LIEUWEN/Primary Examiner, Art Unit 3752