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 .
Election/Restrictions
Applicant’s election of Species I in the reply filed on December 12, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 13 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 12, 2025.
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:
“switch-off unit” in claim 1, where the “unit” is the placeholder and “switch-off” is the functional language; and
“actuating element” in claim 6, where the “element” is the placeholder and “actuating” 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 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 8 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.
Claim 8 recites the limitation "said actuating element" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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) 1-12, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kloepfer et al. (US20170282219. Kloepfer hereinafter).
With respect to claim 1, Kloepfer discloses a pressure washer (10. Figs. 1-12) comprising:
a connection (18) for a fluid source;
a high pressure pump (16);
a motor (14) configured to (capable of) drive said high pressure pump, wherein the motor has an on (spraying) state and an off (non-spraying) state;
a main line (from 18 to 40) through which fluid is conveyable from said connection to a spray opening (of 40) of said main line via said high pressure pump;
a switch-off unit (valve plunger 72 can actuate a switch element, not illustrated in the drawing, which may be a microswitch for example. [0082]);
said main line having a suction chamber (50) between said connection and said high pressure pump, wherein said main line has a pressure chamber (56) between said high pressure pump and said spray opening;
said pressure chamber being fluidically connected to said suction chamber via a bypass line (92), wherein the pressure washer is configured (designed) so that, in order to regulate a pressure in said pressure chamber, a free cross-sectional surface of said bypass line is configured to be adjusted by a user ([0091], [0113]- [0115]);
wherein the pressure washer is configured (designed) such that said switch-off unit causes, as a result of the pressure which prevails in said pressure chamber, said motor to be in said off state if the pressure in the pressure chamber corresponds at least to a pressure threshold value ([0080]- [0082]);
a pressure build-up valve (106) arranged in said bypass line; and,
wherein the pressure washer is configured (designed) such that said pressure build-up valve reduces said free cross-sectional surface of said bypass line at least to such an extent when a volume threshold value of a volumetric flow through said bypass line is exceeded, that the pressure in said pressure chamber corresponds at least to said pressure threshold value ([0119], [0125]- [0126]).
With respect to claim 2, Kloepfer discloses wherein said pressure build-up valve is configured to (capable of) close said bypass line (Figs. 9 and 11) when said volume threshold value of the volumetric flow (set in 28) through said bypass line is exceeded so that a throughflow of fluid through said bypass line is prevented.
With respect to claim 3, Kloepfer discloses the pressure washer of claim 1 further comprising:
a bypass valve (106, 132) arranged in said bypass line; and,
said free cross-sectional surface of the bypass line being adjustable by the user via said bypass valve in order to regulate the pressure in said pressure chamber ([0105]- [0106], [0120]).
With respect to claim 4, Kloepfer discloses the pressure washer of claim 1 further comprising:
a main line valve (68) arranged in said main line;
said main line valve being configured to (capable of) prevent a throughflow of fluid through said main line in a closed state;
said main line valve being configured to (capable of) allow the throughflow of fluid through said main line in an open state ([0080]- [0082]); and,
wherein the pressure washer is configured such that the pressure in said pressure chamber corresponds at least to said pressure threshold value (six modes set in Fig. 3) once said main line valve has been switched from said open state into said closed state.
With respect to claim 5, Kloepfer discloses wherein said switch-off unit is configured to (capable of) switch said motor into said off state during or after a transition of said main line valve from said open state into said closed state ([0080]- [0082]).
With respect to claim 6, Kloepfer discloses wherein said motor has a switch (at 76) for switching said motor between said on state and said off state; said switch-off unit has an actuating element (72), wherein the fluid in said pressure chamber acts on said actuating element so that said actuating element actuates said switch of said motor so that said motor is in said off state if the pressure in said pressure chamber (pressure surge via the high-pressure line 22 and into the pressure chamber 56. [0081]) corresponds at least to said pressure threshold value ([0080]- [0082]).
With respect to claim 7, Kloepfer discloses the pressure washer of claim 1 further comprising:
a pressure relief line (92 and 130) configured to (capable of) connect said pressure chamber fluidically to said suction chamber;
a pressure relief valve (132. [0105]) arranged in said pressure relief line; and,
said pressure relief valve is configured such that said pressure relief valve opens if the pressure in said pressure chamber corresponds at least to said pressure threshold value ([0105]- [0106], [0120]).
With respect to claim 8, Kloepfer discloses wherein said pressure relief valve has a valve member (134) and said valve member is movable jointly with said actuating element (via 72 and 76. [0080]- [0082]).
With respect to claim 9, Kloepfer discloses wherein said switch-off unit is only acted upon with a single pressure value (one of the six modes set in Fig. 3) of said pressure chamber.
With respect to claim 10, Kloepfer discloses wherein the pressure washer is configured such that there is a fluidic connection (52 to 60 to 62) between the pressure chamber and said suction chamber if the pressure in said pressure chamber corresponds at most to a starting (operating) pressure value (one of the six modes set in Fig. 3); and, said starting pressure value is smaller than said pressure threshold value.
With respect to claim 11, Kloepfer discloses the pressure washer of claim 10 further comprising:
a start valve (68); and,
wherein the pressure washer is configured such that said start valve closes (72 moving downward) when a starting volume threshold value of the volumetric flow through said start valve is exceeded (via 72 and 76. [0080]- [0082]).
With respect to claim 12, Kloepfer discloses wherein said start valve is formed separately from said pressure build-up valve (Fig. 7).
With respect to claim 15, Kloepfer discloses wherein said switch-off unit is connected fluidically to said pressure chamber (via 66).
With respect to claim 16, Kloepfer discloses the pressure washer of claim 15 further comprising:
a check valve (64); and,
said check valve being arranged in said pressure chamber downstream of said bypass line and upstream of said switch-off unit (Fig. 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to show the art with respect to a pressure washer: Schmalz ‘943, Gansebom, Hasegawa, Gilpatrick, Schmalz ‘253, Schmalz ‘726 and Qiao.
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 23, 2025