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
Claims 2-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species I-III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 5, 2025.
Applicant’s election without traverse of Species IV, Fig. 6 in the reply filed on November 5, 2025 is acknowledged.
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed on November 5, 2025. Claims 2-5 have been withdrawn. Claims 6-10 have been canceled. Claim 11 has been added.
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: “first control device”, “second control device”, “third control device” and “fourth control device” in claims 1 and 11 because the claim limitation(s) uses a generic placeholder “device” that is coupled with functional language “control” without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
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.
The specification (paragraphs 0012-0014) is devoid to provide any corresponding structure to allow one of ordinary skill in the art to interpret the limitation “control device.”
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 and 11 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 limitations “first control device”, “second control device”, “third control device” and “fourth control device” in claims 1 and 11 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification (paragraphs 0012-0014) is devoid to provide any corresponding structure to allow one of ordinary skill in the art to interpret the limitation “control device.” Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Trager (US 8,366,021 B2) in view of Kargilis (US 8,973,208 B2).
With regard to claim 1, Trager discloses a windshield washer reservoir (120), comprising: a first tank (120) for containing first liquid (121), comprising a first front pump (122), wherein the first front pump (122) comprises a first front power connector (ECU 150) and is connected to a first front washer hose (124); a second tank (130) for containing second liquid (131), comprising a second front pump (132), wherein the second front pump (132) comprises a second front power connector (ECU 150) and is connected to a second front washer hose (134), wherein the first front washer hose and the second front washer hose are merged to be connected to a windshield washer nozzle apparatus (140, Fig. 1); a first control device (162), electrically connected to the first front power connector, for controlling the first front pump to output the first liquid (Fig. 1); a second control device (164), electrically connected to the second front power connector (ECU 150), for controlling the second front pump to output the second liquid (131).
Trager does not disclose that a first input port and a second input port.
Kargilis teaches a windshield washer comprising a first tank (50) and a second tank (60), wherein the first tank (50) comprising a first input port (“the front fluid reservoir 50 may contain a volume of washer fluid and may supply the washer fluid to the front nozzles 52” in Col. 4 lines 45-47. Accordingly, in order to perform this function during normal operation, the front reservoir must necessarily include an input port for adding washer fluid) and the second tank (60) comprising a second input port (64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Trager, by incorporating the input port (64) as taught by Kargilis to the first and second tanks of Trager, doing it would provide refill capability to replenish the reservoirs (Col. 5 lines 17-24).
With regard to claim 11, the device of Trager as modified by Kargilis discloses the invention as disclosed in the rejection of claim 1 above. However, Trager does not disclose that a first rear pump, a first rear washer hose, a second rear pump, a second rear washer hose, a third control device, and a fourth control device. It is noted by the Examiner that having a first rear pump, a first rear washer hose, a second rear pump, a second rear washer hose, a third control device, and a fourth control device are merely duplication of the front pump, front hose, first control device, and second control device to provide cleaning to the rear glass/windshield.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Trager, by employing a first rear pump, a first rear washer hose, a second rear pump, a second rear washer hose, a third control device and a fourth control device in communication to the first tank and the second tank respectively. Since the modification is merely duplication of...Duplication of Parts], the court held that mere duplication of parts has no patentable significance unless a... duplication of parts that would have yielded predictable results, namely, providing more fluid reservoirs to... contain a larger variety of hygienic fluids. In accordance with [MPEP 2144.04 VI. B Duplication of Parts... ], the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL ZHOU whose telephone number is (571)270-1163. The examiner can normally be reached Mon-Fri 9AM-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 5712701814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/Primary Examiner, Art Unit 3752