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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “water flow mesh screens have gradually increased mesh numbers in the water flow direction” of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: Line 19 recites “screen;” however for consistency and grammatical correctness this should read --screens;--. Appropriate correction is required.
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 1 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 “gradually” in claim 1 is a relative term which renders the claim indefinite. The term “gradually” 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 amount of increase in the “mesh numbers” is rendered indefinite.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Hagaman (US Pub No 2010/0155497 A1) in view of D’Andrade (US Pat No 5,779,099).
Re claim 1, Hagaman shows a light-emitting water outlet structure (Figs. 2A & 2B), comprising a water outlet connector (115), a light emitter (220) and a water outflow stabilizer (237A-E), wherein
the water outlet connector is connected (at 122) to a water source to introduce water flow from a water inflow end (at 215) and make the water flow toward a water outflow end (at 123);
the light emitter (220) is arranged between the water inflow end (at 215) and the water outflow end (at 123) in the water outlet connector (115) and can emit light toward the water outflow end (at 123) of the water outlet connector; a water flow guide space (230 and see annotated figure 2A) is arranged between an outer wall of the light emitter (220) and an inner wall of the water outlet connector (115) to guide the water flow to the water outflow end (at 123) of the water outlet connector;
the water outflow stabilizer (237A-E) is arranged on the water outflow end (at 123) of the water outlet connector and configured to stabilize the water flow before the water flows out;
wherein the water outlet connector (115) introduces water flow and makes the water flow toward the water outflow stabilizer (237A-E) through the water flow guide space (230 and see annotated figure 2A); and the water outflow stabilizer (237A-E) stabilizes the water flow before the water flows out (paragraph 0043), so that the emitted light is totally reflected in the flowing water;
wherein the water outflow stabilizer comprises a water outflow end cap (see annotated figure 2B) and two water flow mesh screens (237C/237D & E); the water outflow end cap is mounted on the water outflow end (at 123) of the water outlet connector (115); and the two water flow mesh screens (237C/237D & E) are arranged on a surface of the water outflow end cap (see annotated figure 2B) facing the light emitter (220), so as to guide the water to flow through a plurality of meshes of the two water flow mesh screen (237C/237D & E);
the two water flow mesh screens (237C/237D & E) are provided and arranged at an interval in the water flow direction (see Fig. 2A); the water flow mesh screens have gradually increased mesh numbers in the water flow direction (mesh screen 237D & E has a “gradually increased mesh number” compared with mesh screen 237C as there are two screens compared to one).
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Hagaman disclose all aspects of the claimed invention but do not teach a plurality of water flow guide bars distributed at an interval on the inner wall of the water outlet connector, and the water flow guide bars extend from the water inflow end of the water outlet connector toward the water outflow end of the water outlet connector.
However, D’Andrade shows a plurality of water flow guide bars (Fig. 4, 57, 59, 61) distributed at an interval on an inner wall of the water outlet connector (51), and the water flow guide bars extend from a water inflow end (at 55) of the water outlet connector toward a water outflow end (at 53) of the water outlet connector.
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have the motivation to modify the water outlet connector of Hagaman with the water flow guide bars of D’Andrade for maximum turbulence control (D’Andrade – col. 3, lines 43-44).
Response to Arguments
Applicant's arguments filed 1/5/2026 have been fully considered but they are not persuasive. Regarding applicant’s argument that the “filers 237A-E is used to make the water flow exiting the laminar jet be substantially laminar in form” (sic) and “filers 237A-E and the water outflow stabilizer have different functions,” however the claims in no way demonstrate a different function and merely recites that the water outflow stabilizer “comprises a water outflow end cap and two water flow mesh screens” for which Hagaman directly demonstrates.
Further, applicant’s argument that D’Andrade “does not have a water outflow end cap and two water flow mesh screens” however the D’Andrade reference was not relied upon for these components.
Lastly, in regards to the new limitation “the water flow mesh screens have gradually increased mesh numbers in the water flow direction,” applicant’s specification does not equip one having ordinary in the art with a way to ascertain how much equates to the term “gradually” nor does applicant’s specification appear to define what exactly a “mesh number” is and as such, Hagaman appears to demonstrate the limitation as demonstrated above.
In light of these remarks, all prior art rejections shall be maintained.
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 STEVEN MICHAEL CERNOCH whose telephone number is (571)270-3540. The examiner can normally be reached Mon-Fri; 8am-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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/STEVEN M CERNOCH/Primary Examiner, Art Unit 3752
STEVEN MICHAEL CERNOCH
Primary Examiner
Art Unit 3752