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 response filed on November 21, 2025 is acknowledged. One page specification and one page of drawing were received on November 21, 2025. The specification and the drawing are acceptable to correct the obvious scrivener’s errors in the original disclosure.
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 spray head is configured to slidably displace toward the spray core in response to a force being applied against the spray head cover and wherein the spray head is configured to slidably displace away from the spray core in response to the spray head cover being released such that the force is not applied against the spray head cover as recited in new claim 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. In fact, only a frictional force of the rotation of the spray head cover 30 is discussed in paragraph [0068]. Clarification is respectfully requested.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
rotation mechanism in claim 2, where “mechanism” is a place holder and “rotation” is the functional language;
damping mechanism in claim 8, where “mechanism” is a place holder and “damping” is the functional language;
anti-slip structure in claim 17, where “structure” is a place holder and “anti-slip” is the functional language; and
indicating structure in claim 18, where “structure” is a place holder and “indicating” is the functional language.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The disclosure, as originally filed, does not disclose that the spray head is configured to slidably displace toward the spray core in response to a force being applied against the spray head cover and wherein the spray head is configured to slidably displace away from the spray core in response to the spray head cover being released such that the force is not applied against the spray head cover as recited in new claim 20. Clarification is respectfully requested.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bochmann (US 3901449).
With respect to claim 1, Bochmann discloses a spray device (Figs. 1-5), comprising: a housing (14, 12); a spray head assembly (elements providing fluid passage from 70 to 40 and 30 and 28); and a spray head cover (42, 38, 40. Fig. 1), wherein a liquid storage cavity (defined by 12) is provided inside the housing, wherein the spray head assembly partially protrudes from the housing (Fig. 3) and is in communication with the liquid storage cavity, the spray head assembly comprising a spray nozzle (fluid constriction between 38 and 42. Fig. 6), wherein the spray head cover is rotatably arranged on the housing and covers the spray head assembly, a spray hole (at 40) being provided on the spray head cover, wherein, when the spray head cover is rotated to a first position (second position. shown in phantom in Fig, 1), the spray hole is correspondingly in communication with the spray head assembly, and when the spray head assembly is pressed (when 30 is press to move/slide left or right), a liquid vaporization medium (fluid pressurized by 20) in the liquid storage cavity is configured to (capable of) be sprayed out from the spray hole, wherein, when the spray head cover is rotated to a second position (first inoperative position), the spray head cover covers the spray nozzle and is locked with the housing to block the liquid vaporization medium in the liquid storage cavity from being sprayed out (in the inoperative position, it overlies switch 30 thereby shielding the switch from accidentally being pushed when the discharge equipment is in the storage position. Col. 2, lines 43-46), and wherein the spray head assembly comprises a spray head (left half of 42) and a spray core (right half of 42), the spray head is slidably sleeved on the spray core along an axial (horizontal) direction of the spray core.
With respect to claim 2, Bochmann discloses wherein the spray head assembly is rotatably connected to the spray head cover using a rotation mechanism (pivotal fitting 42).
With respect to claim 3, Bochmann discloses wherein the spray head assembly comprises a spray head (right half of 42 or outlet of 42 connecting 38 in Fig. 3), and the rotation mechanism comprises a rotating shaft (See Fig. 6 with additional annotations below), wherein through holes are provided on the two opposite (left and right) sides of the spray head cover, and wherein the (hollowed) rotating shaft passes through (fluidly) the through holes and is connected to the spray head assembly for a rotation of the spray head cover.
With respect to claim 4, Bochmann discloses wherein the rotation mechanism further comprises a cover body arranged at an (left) end of the rotating shaft (Fig. 6), a (diameter) size of the cover body being greater than a (inner diameter) size of the through hole (right through hole in Fig. 6) to (capable of) restrict the spray head cover from detaching from the rotating shaft.
With respect to claim 5, Bochmann discloses wherein the rotating shaft is of a hollow structure (See Fig. 6 with additional annotations below) with a sleeve connection (See Fig. 6 with additional annotations below) at an end, wherein a connection structure is arranged between the rotation mechanism and the spray head, the connection structure comprising a connection positioning hole (encasing the unmarked O-ring in Fig. 6. See Fig. 6 with additional annotations below) and a connection positioning column (surrounded by unmarked O-ring in Fig. 6), and wherein the connection positioning column is arranged in (within) the rotating shaft and extends toward the sleeve connection, and the connection positioning hole is arranged on a (left) side wall of the spray head.
With respect to claim 6, Bochmann discloses wherein a limiting structure is arranged between the rotation mechanism and the spray head, the limiting structure comprising a limiting boss (surrounded by unmarked O-ring in Fig. 6) and a limiting notch (encasing the unmarked O-ring in Fig. 6. See Fig. 6 with additional annotations below), and wherein the limiting boss is arranged on a (left) side wall of the spray head, the limiting notch being arranged on a (left) side wall of the rotating shaft and arranged corresponding to the limiting boss to engage with the limiting boss.
With respect to claim 7, Bochmann discloses wherein the spray head assembly comprises the spray head, and the spray head comprises a spray head body (body of the right half of 42) and a connecting tube (in the right half of 42) arranged at an (downstream) end of the spray head body, wherein a positioning shaft (surrounded by unmarked O-ring in Fig. 6) is arranged at a joint (of 42) between the (left end of) spray head body and the (outlet opening of) connecting tube, the positioning shaft extending toward (in the direction of) an inner side wall of the housing (Fig. 4), and wherein the rotating shaft is sleeved on the positioning shaft.
With respect to claim 8, Bochmann discloses wherein a damping mechanism (unmarked O-ring in Fig. 6 and the frictional surfaces between the two halves of 42) is arranged on the rotation mechanism.
With respect to claim 9, Bochmann discloses wherein the spray head assembly comprises a spray head (two halves of 42 in Fig. 3), and the spray head comprises a spray head body (body of the two halves of 42) and a connecting tube (in the right half of 42) arranged at an (downstream) end of the spray head body, wherein an angle greater than 90 degrees and less than 180 degrees is formed between the connecting tube and the spray head body (at least the left half of 42), and wherein the spray nozzle is arranged at an (upstream) end of the spray head body away from the connecting tube.
With respect to claim 10, Bochmann discloses wherein the spray core is in communication with the liquid storage cavity (Fig. 6).
With respect to claim 11, Bochmann discloses wherein the housing comprises an opening (recess slot for 38 and 42), the spray head assembly partially protrudes from the opening, and the spray head cover is rotatably arranged at the opening.
With respect to claim 12, Bochmann discloses wherein a limiting guide mechanism (42) is arranged between the spray head cover and the housing, the limiting guide mechanism comprising a guide limiting groove (encasing the unmarked O-ring in Fig. 6 and the groove for the unmarked O-ring. See Fig. 6 with additional annotations below) and a (rotatably) slide block (surrounded by unmarked O-ring in Fig. 6), and wherein the guide limiting groove is arranged on an inner side wall (recess slot for 38 and 42) of the housing, and the slide block is arranged on the spray head cover and configured to (capable of) slide in the guide limiting groove.
With respect to claim 13, Bochmann discloses wherein the guide limiting groove comprises a first guide limiting portion (the groove for the unmarked O-ring. Figs. 4 and 6) and a second guide limiting portion (encasing the unmarked O-ring), wherein the first guide limiting portion extends along (annually aligned or paralleled with) a pressing direction (when 30 is press to move/slide left or right) of the spray head cover, and an end of the first guide limiting portion is connected to the second guide limiting portion (Fig. 6), and wherein the second guide limiting portion extends along a (horizontal) direction in which the spray head cover rotates relative to the housing.
With respect to claim 14, Bochmann discloses wherein a limiting locking mechanism (42) is arranged between the spray head cover and the housing, the limiting locking mechanism comprising a limiting groove (encasing the unmarked O-ring in Fig. 6 and the groove for the unmarked O-ring. See Fig. 6 with additional annotations below), a lock block (right half of 42), and a lock rod (encasing the unmarked O-ring), wherein the limiting groove is arranged on an inner side wall (recess slot for 38 and 42) of the housing, and the lock block is arranged in the limiting groove, and wherein the lock rod is arranged on the spray head cover, is configured to (capable of) slide in the limiting groove, and configured to engage with the lock block.
With respect to claim 15, Bochmann discloses wherein the housing comprises an opening (recess slot for 38 and 42); wherein the spray head cover comprises a cover portion (38 and 40) that is rotatable at the opening and (partially) covers the opening, wherein the cover portion comprises a cover surface (of 38), the cover surface being of a curved-surface (cylindrical) structure, and wherein the spray hole is arranged on (sleeved over) the cover portion.
With respect to claim 16, Bochmann discloses wherein the spray head cover further comprises connection portions (42 and pivot at 40. Fig. 2) arranged on two opposite sides of the cover portion, and the connection portions protrude into (rested within the recess slot for 38 and 42) the housing from the opening and are rotatably connected to the spray head assembly.
With respect to claim 17, Bochmann discloses wherein an anti-slip structure (the unmarked O-ring. See Fig. 6 with additional annotations below) is arranged on the spray head cover.
With respect to claim 18, Bochmann discloses wherein an indicating structure (40 and the pivot at 40. Fig. 2) is arranged on the spray head cover, and the indicating structure and the spray hole are arranged at an interval (solid and phantom lines nozzle 40) on a rotation track of the spray head cover to indicate a position of the spray hole.
With respect to claim 19, Bochmann discloses wherein the spray head is configured to (capable of) slidably displace along the axial direction relative to the spray core while remaining sleeved on the spray core (left half of 42 is capable of being partially separated/pulled-away, yet still connected, from right half of 42 exposing the unmarked O-ring in Fig. 6).
With respect to claim 20, Bochmann discloses wherein the spray head is configured to (capable of) slidably displace toward (abutting) the spray core (after the partial separated/pulled-away stage in claim 19) in response to a (axial directional) force being applied against the spray head cover and wherein the spray head is configured to (capable of) slidably displace away from the spray core in response to the spray head cover being released such that the (axial directional) force is not applied against the spray head cover.
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Response to Arguments
Applicant's arguments filed on November 21, 2025 have been fully considered but they are not persuasive. The Applicant argues that the left half of 42 of Bochmann is not slidably sleeve on the right half of 42.
The Examiner respectfully disagrees. First, element 42 is named as “pivotal fitting,” and Fig. 1 shows that the pivotal fitting 42 permits the wand 38 to be shifted from a first inoperative position wherein the wand overlies the top surface of the housing as shown to a second position wherein the wand is pivoted away from the housing as shown in phantom. Col. 2, lines 36-42. Therefore, it is clear that the two halves rotatably “slidable” relative to one another. Second, as shown in enlarged Fig. 6 above, outer potion of the left half of 42 “sleeve on” the right half 42 enclosing an unmarked O-ring to seal the ratably slidable fluid passages in the left and right halve of 42. Third, it appears that the Applicant is narrowly imposing “slidably sleeved” as only limited to a linear sliding. Therefore, Applicant's argument is not commensurate in scope with the claimed invention. No such limitations (linear slidably sleeved) can be found in the claimed invention.
As for the new claims 19 and 20. The claim limitations are met, as long as the two halves of 42 are capable of performing the recited functions in claim 19 and 20. Furthermore, claim 20 violates drawings requirements under 37 CFR 1.83(a) and written description requirement under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph. See detailed rejections elaborated above.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHEE-CHONG LEE whose telephone number is (571)270-1916. The examiner can normally be reached Monday-Friday 8am -5pm.
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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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/CHEE-CHONG LEE/Primary Examiner, Art Unit 3752 December 4, 2025