DETAILED ACTION
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: “liquid outlet member” in claims 1, 11, 12, 18 and 19.
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 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 1-20 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.
Claim 1 recites the limitation “the liquid outlet opening is exposed to the outer housing assembly”. The disclosure shows that the liquid outlet opening 300 is adjacent to 111, which is disclosed as part of housing 10. It is unclear from the claim whether exposed to means the opening is adjacent to the housing assembly, as disclosed in the figures of the instant application, or whether the opening contacts or interacts to a degree beyond mere proximity, rendering the claim vague and indefinite.
Claims 2-20 are rejected based upon their dependence upon claim 1.
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.
Claims 1-5 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen CN 105413898 A.
In regards to Independent Claim 1, Chen teaches a liquid outlet device (figure 3) comprising: an outer housing assembly (1 and 2) provided with a liquid inlet flow channel (inlet receiving head 3), wherein the liquid inlet flow channel is capable of forming a liquid discharge opening on the outer housing assembly (41 in figure 4); and a liquid outlet member installed to the outer housing assembly (22, which is installed with 1 as shown as an assembly in figure 4), wherein the outer housing assembly is enclosed with the liquid outlet member to form a liquid outlet flow channel (channel extending from 3 to outlet 21 of 22), a liquid outlet opening communicated with the liquid outlet flow channel is provided on the liquid outlet member (opening of outlet jet 21 in figure 4), and the liquid outlet opening is exposed to the outer housing assembly (where 21 is adjacent to 2 in figure 4); wherein the liquid outlet member is provided with a protrusion part (52), the outer housing assembly is capable of clamping and holding a circumferential outer side of the protrusion part (52 held by 7 at its circumference as shown in figure 4, where 7 is pressed to some degree and held in place by 2 in figure 4), and the protrusion part is disposed opposite to the liquid discharge opening and elastically abuts against the outer housing assembly to seal the liquid discharge opening (52 extends towards 41, and abuts against baffle 4, that acts as part of the housing assembly and is connected directly to 1); the protrusion part is configured to elastically deform when a liquid pressure of the liquid inlet flow channel exceeds a preset value (paragraph [0029], where impact force of water opens seal 52 by pressing it downwards), so that the liquid discharge opening communicates with the liquid outlet flow channel (paragraph [0029]), and the protrusion part is capable of resetting against the liquid pressure less than or equal to the preset value (position shown in figure 4, paragraph [0028]).
Regarding Dependent Claim 2, Chen teaches a cavity (cavity in figure 4 below) is provided on a side of the protrusion part (52) facing away from the liquid discharge opening (41).
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Figure 4 of Chen
Regarding Dependent Claim 3, Chen teaches the outer housing is provided with an accommodation groove (wave of 4 forms a groove to allow passage of fluid when 52 is pushed downwards), the liquid outlet flow channel is communicated with the accommodation groove (paragraph [0029]), the protrusion part (52) is at least partially accommodated in the accommodation groove (52 extends into wave portion of 4 in figure 4 above), and the protrusion part is configured to elastically deform when the liquid pressure of the liquid inlet flow channel exceeds the preset value (paragraph [0029]), so that the liquid discharge opening is communicated with the accommodation groove (paragraph [0029]).
Regarding Dependent Claim 4, Chen teaches the protrusion part (52) is at least partially accommodated in the liquid discharge opening (52 extends into a portion of 41 in figure 4).
Regarding Dependent Claim 5, Chen teaches the liquid outlet flow channel is communicated with the cavity (cavity in figure 4 above is part of channel extending from 3 to 21).
Regarding Dependent Claim 20, Chen teaches a liquid outlet system (figure 3) comprising: the liquid outlet device according to claim 1 (see rejection of claim 1 above); and a liquid inlet assembly communicated with the liquid inlet flow channel (inlet assembly 3 coupled to 1 and 2 in figure 3).
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) 1, 2, 6-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sansum WO 2016203270 A1 in view of Chen.
In regards to Independent Claim 1 and Dependent Claim 2, Sansum teaches a liquid outlet device (figure 4) comprising: an outer housing assembly (106 and 104) provided with a liquid inlet flow channel (inlet at 130), wherein the liquid inlet flow channel is capable of forming a liquid discharge opening on the outer housing assembly (opening into 106 at 130 in figure 5); and a liquid outlet member installed to the outer housing assembly (passage from outlet of 310 to outlets 110 in figure 5), wherein the outer housing assembly is enclosed with the liquid outlet member to form a liquid outlet flow channel (channel extending from inlet at 130 to outlets of 110 in figure 5), a liquid outlet opening (openings 110) communicated with the liquid outlet flow channel is provided on the liquid outlet member (as shown in figure 5), and the liquid outlet opening is exposed to the outer housing assembly (openings 110 pass through 104 in figure 4); wherein the liquid outlet member is provided with a protrusion part (310); the protrusion part is configured to elastically deform when a liquid pressure of the liquid inlet flow channel exceeds a preset value (deflection positions of 310 shown in figures 6A and 6B), so that the liquid discharge opening communicates with the liquid outlet flow channel (open position of 310 shown in figure 4), and the protrusion part is capable of resetting against the liquid pressure less than or equal to the preset value (closed position of 300 shown in figure 5). However, Sansum does not teach the outer housing assembly is capable of clamping and holding a circumferential outer side of the protrusion part, and the protrusion part is disposed opposite to the liquid discharge opening and elastically abuts against the outer housing assembly to seal the liquid discharge opening. Chen teaches a device (figure 3) where an outer housing assembly (1 and 2) is capable of clamping and holding a circumferential outer side of the protrusion part (spherical crown 52 with bent part 53 that forms a portion of guide channel or groove between 52 and 4, held by 7 at its circumference as shown in figure 4, where 7 is pressed to some degree and held in place by 2 in figure 4), and the protrusion part is disposed opposite to the liquid discharge opening and elastically abuts against the outer housing assembly to seal the liquid discharge opening (52 extends towards 41, and abuts against baffle 4, that acts as part of the housing assembly and is connected directly to 1, where a cavity is formed on the side of the protrusion part 52 facing away from 41, see cavity in figure 4 above). It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to replace the protrusion part and connection of Sansum with the protrusion part and connection of Chen, because it is no more than the simple substitution of one known element for another or mere application of a known technique to a piece of prior art ready for improvement, in this case, replacing one valve with another to prevent dripping from a shower outlet. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143 B.
It is noted that the limitations such as assembly, flow channel, opening, part, etc., do not limit the structure beyond their broadest reasonable interpretation and the claimed interconnection between each part. "reading a claim in light of the specification, to thereby interpret limitations explicitly recited in the claim, is a quite different thing from ‘reading limitations of the specification into a claim,’ to thereby narrow the scope of the claim by implicitly adding disclosed limitations which have no express basis in the claim." The court found that applicant was advocating the latter, i.e., the impermissible importation of subject matter from the specification into the claim.). See also In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997).
Regarding Dependent Claims 6 and 13, Sansum in view of Chen teaches the invention as claimed and discussed above, and Sansum further teaches a plurality of liquid outlet flow channels (flow channels 110) are provided, the plurality of liquid outlet flow channels are provided around the protrusion part (110 openings positioned around 310 as shown in figure 5), a plurality of liquid outlet openings are provided (openings at the outlet of each channel 110 in figures 4 and 5), and each of the liquid outlet flow channels is communicated at least with one of the liquid outlet openings (as shown in figures 4 and 5). Regarding Dependent Claims 7 and 14, Sansum in view of Chen teaches the invention as claimed and discussed above, and further teaches a side of the protrusion part facing the liquid discharge opening has a guide surface, and the guide surface is configured to be capable of being elastically deformed with the protrusion part to guide the liquid to the liquid outlet flow channel (see Chen in the rejection of claim 1 above for further limitations of the protrusion part 52 of Chen).
Regarding Dependent Claims 8 and 15, Sansum in view of Chen teaches the invention as claimed and discussed above, and further teaches the guide surface is a spherical crown (see rejection of claim 1 above where Chen discloses a spherical crown shape of guide surface of 52).
Regarding Dependent Claims 9 and 16, Sansum in view of Chen teaches the invention as claimed and discussed above, and further teaches the protrusion part comprises a circumferential wall and a connection wall (see portions 52 and 53 of 5 of Chen in the rejection of claim 1 above), the circumferential wall is bent toward the connection wall and is connected to a periphery of the connection wall to form the guide surface on a side of the circumferential wall facing away from the connection wall (see Chen in the rejection of claim 1 above).
Regarding Dependent Claims 10 and 17, Sansum in view of Chen teaches the invention as claimed and discussed above, and further teaches the circumferential wall is capable of being enclosed with the connection wall to form a groove, and the groove is disposed opposite to the liquid discharge opening (see groove formed between 4 and 52 that is opposite 41 when closed as shown in figure 4 of Chen and described in the rejection of claim 1 above).
Regarding Dependent Claims 11 and 18, Sansum in view of Chen teaches the invention as claimed and discussed above, and further teaches the liquid outlet member is made of an elastic material (52 of Chen is elastic as described in the rejection of claim 1 above), and the outer housing assembly is capable of clamping and holding the liquid outlet member from a side of the liquid outlet member facing the liquid outlet flow channel and a side of the liquid outlet member facing away from the liquid outlet flow channel, and the side of the liquid outlet member facing the liquid outlet flow channel fits with the outer housing assembly (clamping of 52 with 4 and 7 of Chen in figure 4 described in the rejection of claim 1 above).
Regarding Dependent Claims 12 and 19, Sansum in view of Chen teaches the invention as claimed and discussed above, and Sansum further teaches the liquid outlet flow channel extends at least partially away from a radial direction of the liquid outlet member (flow channel extends in both axial and radial directions between 310 and outlets 110 in figures 4 and 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M SUTHERLAND whose telephone number is (571)270-1902. The examiner can normally be reached M-F 8-5.
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/STEVEN M SUTHERLAND/Primary Examiner, Art Unit 3752