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 .
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.
Claims 1-24 are 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.
Claim 1 recites the limitation “a valve…and a flow distributor” in line 8. The specification discloses a valve 120 and a flow distributor 124. The disclosure, as a whole, discloses that the valve 120 can only act as a valve when interacting with the flow distributor 124. See figure 3B. The valve 120 closes or opens, alternatively, the openings 124a or 124b in the flow distributor 124 to allow water flow through either the opening 124a or the opening 124b. The valve 120, alone, cannot be considered a valve or act as a valve. The dictionary defines the term valve as: any device for halting or controlling the flow of a liquid, gas, or other material through a passage, pipe, inlet, outlet, etc. Dictionary.com. The specification does not disclose a valve 120 that can halt or control a flow through a passage, because the valve 120 can only accomplish such function with its interaction with the flow distributor 124.
Claim 12 recites the limitation “a flow restrictor” in line 5 (and further a “flow distributor in claim 13). The disclosure, as a whole, discloses that the valve 120, also referred to as a flow restrictor, can only act as a valve when interacting with the flow distributor 124. See figure 3B. The valve/restrictor 120 closes or opens, alternatively, the openings 124a or 124b in the flow distributor 124 to allow water flow through either the opening 124a or the opening 124b. The valve/restrictor 120, alone, cannot be considered a valve or act as a valve. The dictionary defines the term valve as: any device for halting or controlling the flow of a liquid, gas, or other material through a passage, pipe, inlet, outlet, etc. Dictionary.com. The specification does not disclose a valve/restrictor 120 that can block a first flow path or a second flow path, because the valve/restrictor 120 can only accomplish such function with its interaction with the flow distributor 124
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 1-24 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 “a valve…and a flow distributor” in line 8. The specification discloses a valve 120 and a flow distributor 124. The disclosure, as a whole, discloses that the valve 120 can only act as a valve when interacting with the flow distributor 124. See figure 3B. The valve 120 closes or opens, alternatively, the openings 124a or 124b in the flow distributor 124 to allow water flow through either the opening 124a or the opening 124b. The valve 120, alone, cannot be considered a valve or act as a valve. The dictionary defines the term valve as: any device for halting or controlling the flow of a liquid, gas, or other material through a passage, pipe, inlet, outlet, etc. Dictionary.com. Therefore, it is uncertain what is limited by the term “valve.”
Claim 1 recites the limitation "flow" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "flow" in line 14. There is insufficient antecedent basis for this limitation in the claim.
In claim 8, the recitation “is arranged in a parallel to the first outlet” is grammatically and idiomatically incorrect.
Claim 12 recites the limitation “a flow restrictor” in line 5 (and further a “flow distributor in claim 13). The disclosure, as a whole, discloses that the valve 120, also referred to as a flow restrictor, can only act as a valve when interacting with the flow distributor 124. See figure 3B. The valve/restrictor 120 closes or opens, alternatively, the openings 124a or 124b in the flow distributor 124 to allow water flow through either the opening 124a or the opening 124b. The valve/restrictor 120, alone, cannot be considered a valve or act as a valve. The dictionary defines the term valve as: any device for halting or controlling the flow of a liquid, gas, or other material through a passage, pipe, inlet, outlet, etc. Dictionary.com. Therefore, it is uncertain what is limited by the term “flow restrictor.”
Claim 14 recites the limitation “water” in line 2 (second occurrence). It appears to be a double inclusion of the “water” recited in line 2 (first occurrence).
Claim 14 recites the limitation “water” in line 3. It appears to be a double inclusion of the “water” recited in line 2 (first and/or second occurrences).
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.
Claim(s) 1-14, 16-24 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo (5,690,282).
Regarding claims 1-11, Guo discloses a tilting waterfall system comprising:
a tilting body 40, 48 configured to be in fluid connection with a source of water, the tilting body rotatable along an axis (rotation axis of knob 23) between a first position (up position in figure 3) and a second position (down position in figure 3);
a first outlet 62 positioned on the tilting body, the first outlet configured to output water in a first pattern;
a second outlet 72 positioned on the tilting body, the second outlet configured to output water in a second pattern different from the first pattern;
a valve 10 comprising a first opening 13 and a second opening 14; and
a flow distributor 50 comprising a first opening 51 and a second opening 52;
wherein in the first position, the first opening of the valve and the first opening of the flow distributor are aligned thereby allowing flow of the water through the first outlet; and
wherein in the second position, the second opening of the valve and the second opening of the flow distributor are aligned thereby allowing flow of the water through the second outlet;
wherein the first outlet comprises a slit (at least one of the outlets 62 is a slit; see figure 2);
wherein the second outlet comprises a plurality of holes (holes 72);
wherein in the first position, the tilting body is configured to be arranged at an angle between 0[Symbol font/0xB0] and 45[Symbol font/0xB0] relative to a top surface of a spa unit (the spa unit is not positively recited; the configuration of Guo can be arranged at an angle between 0[Symbol font/0xB0] and 45[Symbol font/0xB0] relative to a top surface of a spa unit);
wherein in the second position, the tilting body is configured to be arranged at an angle between 45[Symbol font/0xB0] and 90[Symbol font/0xB0] relative to a top surface of a spa unit (the spa unit is not positively recited; the configuration of Guo can be arranged at an angle between 45[Symbol font/0xB0] and 90[Symbol font/0xB0] relative to a top surface of a spa unit);
wherein the tilting body is rotatable to a third position (where passage 13 is between openings 51) in which the first opening and the second opening of the valve are not aligned with either of the first opening and the second opening of the flow distributor (passage 13 is not aligned with opening 51 and passage 14 is not aligned with opening 51) thereby restricting the flow of water through the first outlet and the second outlet;
wherein the tilting body comprises: a first chamber 42 in fluid communication with the first opening of the valve and the first outlet; a second chamber 45, 46 (and gap between lid 44 and plate 48) in fluid communication with the second opening of the valve and the second outlet; and a plate 44 positioned between the first and second chambers and configured to seal the first and second chambers from each other;
wherein the second outlet is arranged in a parallel to the first outlet;
wherein the tilting body comprising a face (front face in figure 1) having the first outlet and the second outlet;
wherein the valve is positioned within the tilting body;
wherein the valve is positioned on an opposite side of the tilting body from the first outlet and the second outlet, the flow distributor positioned between the valve and the first and second outlets (see figures 2 and 3).
Regarding claims 12-24, Guo discloses a waterfall system for a spa unit, the waterfall system comprising:
a housing 40, 48 comprising a first outlet 62 and a second outlet 72, the housing adjustable between at least a first position (up position in figure 3) and a second position (down position in figure 3);
a flow restrictor 30, 10 positioned inside the housing;
wherein the flow restrictor blocks a first flow path 42 toward the first outlet when the housing is in the second position (with valve 30 blocking passage 13); and
wherein the flow restrictor blocks a second flow path 45, 46 (and gap between lid 44 and plate 48) toward the second outlet when the housing is in the first position (with valve 30 blocking passage 14);
further comprising a flow distributor 50 comprising a first opening 51 and a second opening 52, wherein the flow restrictor comprises a first opening 13 and a second opening 14, wherein the first opening of the flow restrictor and the first opening of the flow distributor are at least partially aligned when the housing is in the first position, and wherein the second opening of the flow restrictor and the second opening of the flow distributor are at least partially aligned when the housing is in the second position;
wherein the housing is in fluid communication with a source of water, wherein the first outlet is configured to spray water in a first pattern, and wherein the second outlet is configured to spray water in a second pattern different than the first pattern;
wherein in the first position, the housing is configured to be arranged at an angle between 0[Symbol font/0xB0] and 45[Symbol font/0xB0] relative to a top surface of the spa unit (the spa unit is not positively recited; the configuration of Guo can be arranged at an angle between 0[Symbol font/0xB0] and 45[Symbol font/0xB0] relative to a top surface of a spa unit);
wherein in the second position, the housing is configured to be arranged at an angle between 45[Symbol font/0xB0] and 90[Symbol font/0xB0] relative to a top surface of the spa unit (the spa unit is not positively recited; the configuration of Guo can be arranged at an angle between 45[Symbol font/0xB0] and 90[Symbol font/0xB0] relative to a top surface of a spa unit);
further comprising a flow distributor 50 comprising at least one stopper (top and bottom edges in figure 3), wherein the flow restrictor comprises at least one tab (non curved portion of casing 10, i.e., the rear portion), wherein the at least one stopper is configured to restrict movement of the stopper so that the housing is not movable beyond a position where the housing is arranged at a first angle relative to a top surface of the spa unit;
wherein the first angle comprises 0[Symbol font/0xB0];
wherein the first angle comprises 90[Symbol font/0xB0];
wherein the first outlet comprises a slit (at least one of the outlets 62 is a slit; see figure 2);
wherein the second outlet comprises a plurality of holes (holes 72);
wherein the housing is adjustable to a third position wherein the flow restrictor blocks the first flow path and the second flow path (intermediate position where valve 30 blocks passages 13 and 14);
wherein the first outlet is arranged in a parallel to the second outlet.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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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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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK