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 .
Claims 1-20 are currently being examined.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “34” for a shell and “36” for a waterway per [0022] and other paragraphs in the specification. 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. 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 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 3, 10 and 17 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.
The term “minimum volume of water” and the term “maximum volume of water” in claims 3, 10 and 17 are relative terms which render the claims indefinite. The terms are each not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, i.e., no frame of reference is provided for which to compare volumes of water, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specification of Pub. No. 20240189838 of the instant application describes in [0027] the first volume of water is less than the second volume of water.
Therefore, for current examination purposes, the recitations are interpreted as the minimum volume of water is less than the maximum volume of water.
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 Yuan et al. 20180119395.
Regarding independent claim 1, Yuan teaches a wand (1 Fig. 1), comprising:
a shell (housing 10, i.e., shell, in Fig. 1), the shell operable to pull away from a body of a faucet (functional language limitation; [0041] describes wand 1, which includes shell 10 per [0044], can be adapted to be dismountable, and can be pulled away from faucet base 4, i.e., body of a faucet, while remaining coupled to water hose 2 to direct water to a location away from faucet base 4);
a waterway (per [0044] chamber 11 can be configured to be within wand 1 and include a first end 111 and a second end 112; first end 111 of chamber 11 can provide a water inlet coupled with water hose 2, and second end 112 of chamber 11 can provide a water and air outlet to discharge a mixture of water-and-air flow near second end 112 of chamber 11; i.e., interior of chamber 11 is a waterway), the waterway operable to be substantially disposed in the shell (waterway is disposed within shell 10, per [0044] chamber 11 may be an opening provided within shell 10), the waterway including a first flow passage (labeled in annotated Fig. 3) and a second flow passage (labeled in annotated Fig. 3);
a flow module (30 Fig. 3), the flow module operable to be disposed between the first flow passage and the second flow passage (30 is between first flow passage and second flow passage in annotated Fig. 3), the flow module including a flow control mechanism (control valve 301 shown in Fig. 11; [0049]), the flow control mechanism operable to move between a first position and a second position ([0051] describes driving member 31 can be driven to move control valve 301; [0052] describes control valve 301 may be moved each time driving member 31 is pressed and 301 has a resting position with no water flow which [0052] refers to as a second position, a first position allowing water flow and a third position allowing water flow more than in the first position; the first position described in [0052] corresponds to the claimed first position and the third position described in [0052] corresponds to the claimed second position),
in the first position, a first volume of water flows from the first flow passage through the flow control mechanism to the second flow passage (per [0052] in the first position, water flow through control valve 301 is enabled, i.e., a first volume of water flows from first passage through 301 to second passage), in the second position, a second volume of water flows from the first flow passage through the flow control mechanism to the second flow passage (per [0052] in a second position, other than the resting position, control valve 301 provides more water flow from first passage to second passage than water flow at first position, i.e., a second volume of water flows through control valve 301 at second position);
a flow actuator module (assembly including 40, 50 Fig. 3; [0054] describes control member 40 can actuate driving member 31 via pin 50), the flow actuator module including a flow actuation mechanism (40, 50 Fig. 3; [0051]), the flow actuation mechanism operable to move between a first position and a second position (per [0055] control member 40 can be movably coupled with wand 1 at or near a side of wand 1 or shell 10, to enable an operation of control valve 301 within water valve 30; control member 40 can be pivotally coupled with a side of wand 1 to convert a pressing of first surface 411 in a substantially-lateral direction to a substantially-upward movement of second surface 422, which is coupled with first surface 411 to cause control valve 301 to move from the resting position to the first position in a substantially-upward direction and accordingly move second surface 422 in a substantially-upward movement again to second position; per [0057] and as shown in Figs. 8-10 when pressing zone 413 of 40 is pressed, control member 40 can pivot about where first connection portion 23 and second connection portion 414 connect, and second surface 422 of lever 42 can be coupled with control valve 301 to cause the movement of control valve 301, such that when 413 of 40 is pressed, 42 moves upward from a first position to a second position),
as the flow actuation mechanism is moved from the first position to the second position, the flow control mechanism is moved from the first position to the second position (per [0056] second surface 422 of 42 can be adapted to engage with control valve 301 to move control valve 301 from the resting position to the first position when first surface 411 is pressed and accordingly to move 301 from first position to second position when first surface 411 is pressed again which causes 31 to be pressed per [0052]; per [0057] second surface 422 of 40 can be caused to contact/push driving member 31, via pin 50, to move; per [0052] each time driving member 31 is pressed, which is via pressing 40 which pivots and moves 42 upward which pushes 50 upward to press 31, flow control mechanism 301 is moved from first position to second position), as the flow actuation mechanism is moved from the second position to the first position, the flow control mechanism is moved from the second position to the first position (per [0056] second surface 422 can be adapted to engage with control valve 301 to restore control valve 301 from the first position to the resting position, i.e., in the downward direction, when first surface 411 is pressed again, and accordingly second surface 422 can be adapted to engage with control valve 301 to restore control valve 301 from the second position to the first position when first surface 411 is pressed again; and per [0060] flow actuation control member 40 can also include a spring to return control member 40 to an initial position, i.e., return 40 from second position to first position which moves 42 and 50 substantially downward which causes flow control valve 301 to move downward); and
a flow lock module (per [0052] the control valve may be coupled or equipped with a spring and a cam that moves or locks control valve in two or more different positions each time the driving member 31 is pressed), the flow lock module including a lock mechanism (spring and cam), the lock mechanism operable to move between a first position (unlocked position) and a second position (locked position), when the lock mechanism is in the first position, the flow control mechanism is operable to move between the first position and the second position (before being locked via spring and cam, flow control mechanism control valve 301 is able to move from first position to second position as driving member 31 is pressed), when the lock mechanism is in the second position, the flow control mechanism is not operable to move between the first position and the second position and is locked in the second position (when control valve 301 has moved to second position, the spring and cam are locked and 301 is locked in second position as described in [0052]);
wherein, when the lock mechanism is in the second position, the lock mechanism is operable to move from the second position to the first position by at least one of actuating the flow actuation mechanism and actuating the lock mechanism (each time driving member 31 is pressed which is via pressing 40, 301 may be moved to a different position such that the lock mechanism of the spring and cam in second locked position holding 301 in position is operable to move to unlocked position via actuating 40 which in turn actuates the lock mechanism to unlock such that lock mechanism is operable to move to unlocked position from locked position via both flow actuating mechanism 40 and via lock mechanism); and
wherein, when the lock mechanism is moved from the second position to the first position (when lock mechanism is moved to unlocked position), the flow control mechanism is operable to move from the second position to the first position (per [0066] compression spring 60 can be accommodated between water valve 30 and head 51 of pin 50 to push pin 50 and control member 40 back to their previous positions after control member 40 is released which in turn moves flow control valve 301 to previous positions, i.e., from second position to first position).
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Regarding independent claim 8, Yuan teaches a wand (1 Fig. 1), comprising:
a shell (housing 10, i.e., shell, in Fig. 1), the shell operable to pull away from a body of a faucet (functional language limitation; [0041] describes wand 1, which includes shell 10 per [0044], can be adapted to be dismountable, and can be pulled away from faucet base 4, i.e., body of a faucet, while remaining coupled to water hose 2 to direct water to a location away from faucet base 4);
a waterway (chamber 11 can be configured to be within wand 1 and include a first end 111 and a second end 112; first end 111 of chamber 11 can provide a water inlet coupled with water hose 2, and second end 112 of chamber 11 can provide a water and air outlet to discharge a mixture of water-and-air flow near second end 112 of chamber 11; i.e., interior of chamber 11 is a waterway), the waterway operable to be substantially disposed in the shell (waterway is disposed within shell 10, per [0044] chamber 11 may be an opening provided within shell 10), the waterway including a first flow passage (labeled in annotated Fig. 3) and a second flow passage (labeled in annotated Fig. 3);
a flow module (30 Fig. 3), the flow module operable to be disposed between the first flow passage and the second flow passage (30 is between first flow passage and second flow passage in annotated Fig. 3), the flow module including a flow control mechanism (control valve 301 shown in Fig. 11; [0049]), the flow control mechanism operable to move between a first position and a second position ([0051] describes driving member 31 can be driven to move control valve 301; [0052] describes control valve 301 may be moved each time driving member 31 is pressed and 301 has a resting position with no water flow which [0052] refers to as a second position, a first position allowing water flow and a third position allowing water flow more than in the first position; the first position described in [0052] corresponds to the claimed first position and the third position described in [0052] corresponds to the claimed second position),
in the first position, a first volume of water flows from the first flow passage through the flow control mechanism to the second flow passage (per [0052] in the first position, water flow through control valve 301 is enabled, i.e., a first volume of water flows from first passage through 301 to second passage), in the second position, a second volume of water flows from the first flow passage through the flow control mechanism to the second flow passage (per [0052] in a second position, other than the resting position, control valve 301 provides more water flow from first passage to second passage than water flow at first position, i.e., a second volume of water flows through control valve 301 at second position);
a flow actuator module (assembly including 40, 50 Fig. 3; [0054] describes control member 40 can actuate driving member 31 via pin 50), the flow actuator module including a flow actuation mechanism (40, 50 Fig. 3; [0051]), the flow actuation mechanism operable to move between a first position and a second position (per [0055] control member 40 can be movably coupled with wand 1 at or near a side of wand 1 or shell 10, to enable an operation of control valve 301 within water valve 30; control member 40 can be pivotally coupled with a side of wand 1 to convert a pressing of first surface 411 in a substantially-lateral direction to a substantially-upward movement of second surface 422, which is coupled with first surface 411 to cause control valve 301 to move from the resting position to the first position in a substantially-upward direction and accordingly move second surface 422 in a substantially-upward movement again to second position; per [0057] and as shown in Figs. 8-10 when pressing zone 413 of 40 is pressed, control member 40 can pivot about where first connection portion 23 and second connection portion 414 connect, and second surface 422 of lever 42 can be coupled with control valve 301 to cause the movement of control valve 301, such that when 413 of 40 is pressed, 42 moves upward from a first position to a second position),
as the flow actuation mechanism is moved from the first position to the second position, the flow control mechanism is moved from the first position to the second position (per [0056] second surface 422 of 42 can be adapted to engage with control valve 301 to move control valve 301 from the resting position to the first position when first surface 411 is pressed and accordingly to move 301 from first position to second position when first surface 411 is pressed again which causes 31 to be pressed per [0052]; per [0057] second surface 422 of 40 can be caused to contact/push driving member 31, via pin 50, to move; per [0052] each time driving member 31 is pressed, which is via pressing 40 which pivots and moves 42 upward which pushes 50 upward to press 31, flow control mechanism 301 is moved from first position to second position), as the flow actuation mechanism is moved from the second position to the first position, the flow control mechanism is moved from the second position to the first position (per [0056] second surface 422 can be adapted to engage with control valve 301 to restore control valve 301 from the first position to the resting position, i.e., in the downward direction, when first surface 411 is pressed again, and accordingly second surface 422 can be adapted to engage with control valve 301 to restore control valve 301 from the second position to the first position when first surface 411 is pressed again; and per [0060] flow actuation control member 40 can also include a spring to return control member 40 to an initial position, i.e., return 40 from second position to first position which moves 42 and 50 substantially downward which causes flow control valve 301 to move downward); and
a flow lock module (per [0052] the control valve may be coupled or equipped with a spring and a cam that moves or locks control valve in two or more different positions each time the driving member 31 is pressed), the flow lock module including a lock mechanism (spring and cam), the lock mechanism operable to move between a first position (unlocked position) and a second position (locked position), when the lock mechanism is in the first position, the flow control mechanism is operable to move between the first position and the second position (before being locked via spring and cam, flow control mechanism control valve 301 is able to move from first position to second position as driving member 31 is pressed), when the lock mechanism is in the second position, the flow control mechanism is not operable to move between the first position and the second position and is locked in the second position (when control valve 301 has moved to second position, the spring and cam are locked and 301 is locked in second position as described in [0052]);
wherein, when the lock mechanism is in the second position, the lock mechanism is operable to move from the second position to the first position by both of actuating the flow actuation mechanism and actuating the lock mechanism (each time driving member 31 is pressed which is via pressing 40, 301 may be moved to a different position such that the lock mechanism of the spring and cam in second locked position holding 301 in position is operable to move to unlocked position via actuating 40 which in turn actuates the lock mechanism to unlock such that lock mechanism is operable to move to unlocked position from locked position via both flow actuating mechanism 40 and via lock mechanism); and
wherein, when the lock mechanism is moved from the second position to the first position (when lock mechanism is moved to unlocked position), the flow control mechanism is operable to move from the second position to the first position (per [0066] compression spring 60 can be accommodated between water valve 30 and head 51 of pin 50 to push pin 50 and control member 40 back to their previous positions after control member 40 is released which in turn moves flow control valve 301 to previous positions, i.e., from second position to first position).
Regarding independent claim 15, Yuan teaches a wand (1 Fig. 1), comprising:
a shell (housing 10, i.e., shell, in Fig. 1), the shell operable to pull away from a body of a faucet (functional language limitation; [0041] describes wand 1, which includes shell 10 per [0044], can be adapted to be dismountable, and can be pulled away from faucet base 4, i.e., body of a faucet, while remaining coupled to water hose 2 to direct water to a location away from faucet base 4);
a waterway (chamber 11 can be configured to be within wand 1 and include a first end 111 and a second end 112; first end 111 of chamber 11 can provide a water inlet coupled with water hose 2, and second end 112 of chamber 11 can provide a water and air outlet to discharge a mixture of water-and-air flow near second end 112 of chamber 11; i.e., interior of chamber 11 is a waterway), the waterway operable to be substantially disposed in the shell (waterway is disposed within shell 10, per [0044] chamber 11 may be an opening provided within shell 10), the waterway including a first flow passage (labeled in annotated Fig. 3) and a second flow passage (labeled in annotated Fig. 3);
a flow module (30 Fig. 3), the flow module operable to be disposed between the first flow passage and the second flow passage (30 is between first flow passage and second flow passage in annotated Fig. 3), the flow module including a flow control mechanism (control valve 301 shown in Fig. 11; [0049]), the flow control mechanism operable to move between a first position and a second position ([0051] describes driving member 31 can be driven to move control valve 301; [0052] describes control valve 301 may be moved each time driving member 31 is pressed and 301 has a resting position with no water flow which [0052] refers to as a second position, a first position allowing water flow and a third position allowing water flow more than in the first position; the first position described in [0052] corresponds to the claimed first position and the third position described in [0052] corresponds to the claimed second position),
in the first position, a first volume of water flows from the first flow passage through the flow control mechanism to the second flow passage (per [0052] in the first position, water flow through control valve 301 is enabled, i.e., a first volume of water flows from first passage through 301 to second passage), in the second position, a second volume of water flows from the first flow passage through the flow control mechanism to the second flow passage (per [0052] in a second position, other than the resting position, control valve 301 provides more water flow from first passage to second passage than water flow at first position, i.e., a second volume of water flows through control valve 301 at second position), as the flow control mechanism is moved from the first position to the second position, a varying volume of water between the first volume of water and the second volume of water flows from the first flow passage through the flow control mechanism to the second flow passage (per [0052] as control valve 301 moves from first position to second position, the water flow is modulated, i.e., water volume is varied, by providing a bigger gap in the seal between control valve 301 and internal walls of water valve 30 to provide more water flow through 301 from first flow passage to second flow passage as 301 moves to the second position than water flow through 301 in the first position);
a flow actuator module (assembly including 40, 50 Fig. 3; [0054] describes control member 40 can actuate driving member 31 via pin 50), the flow actuator module including a flow actuation mechanism (40, 50 Fig. 3; [0051]), the flow actuation mechanism operable to move between a first position and a second position (per [0055] control member 40 can be movably coupled with wand 1 at or near a side of wand 1 or shell 10, to enable an operation of control valve 301 within water valve 30; control member 40 can be pivotally coupled with a side of wand 1 to convert a pressing of first surface 411 in a substantially-lateral direction to a substantially-upward movement of second surface 422, which is coupled with first surface 411 to cause control valve 301 to move from the resting position to the first position in a substantially-upward direction and accordingly move second surface 422 in a substantially-upward movement again to second position; per [0057] and as shown in Figs. 8-10 when pressing zone 413 of 40 is pressed, control member 40 can pivot about where first connection portion 23 and second connection portion 414 connect, and second surface 422 of lever 42 can be coupled with control valve 301 to cause the movement of control valve 301, such that when 413 of 40 is pressed, 42 moves upward from a first position to a second position),
as the flow actuation mechanism is moved from the first position to the second position, the flow control mechanism is moved from the first position to the second position (per [0056] second surface 422 of 42 can be adapted to engage with control valve 301 to move control valve 301 from the resting position to the first position when first surface 411 is pressed and accordingly to move 301 from first position to second position when first surface 411 is pressed again which causes 31 to be pressed per [0052]; per [0057] second surface 422 of 40 can be caused to contact/push driving member 31, via pin 50, to move; per [0052] each time driving member 31 is pressed, which is via pressing 40 which pivots and moves 42 upward which pushes 50 upward to press 31, flow control mechanism 301 is moved from first position to second position), as the flow actuation mechanism is moved from the second position to the first position, the flow control mechanism is moved from the second position to the first position (per [0056] second surface 422 can be adapted to engage with control valve 301 to restore control valve 301 from the first position to the resting position, i.e., in the downward direction, when first surface 411 is pressed again, and accordingly second surface 422 can be adapted to engage with control valve 301 to restore control valve 301 from the second position to the first position when first surface 411 is pressed again; and per [0060] flow actuation control member 40 can also include a spring to return control member 40 to an initial position, i.e., return 40 from second position to first position which moves 42 and 50 substantially downward which causes flow control valve 301 to move downward); and
a flow lock module (per [0052] the control valve may be coupled or equipped with a spring and a cam that moves or locks control valve in two or more different positions each time the driving member 31 is pressed), the flow lock module including a lock mechanism (spring and cam), the lock mechanism operable to move between a first position (unlocked position) and a second position (locked position), when the lock mechanism is in the first position, the flow control mechanism is operable to move between the first position and the second position (before being locked via spring and cam, flow control mechanism control valve 301 is able to move from first position to second position as driving member 31 is pressed), when the lock mechanism is in the second position, the flow control mechanism is not operable to move between the first position and the second position and is locked in the second position (when control valve 301 has moved to second position, the spring and cam are locked and 301 is locked in second position as described in [0052]);
wherein, when the lock mechanism is in the second position, the lock mechanism is operable to move from the second position to the first position by at least one of actuating the flow actuation mechanism and actuating the lock mechanism (each time driving member 31 is pressed which is via pressing 40, 301 may be moved to a different position such that the lock mechanism of the spring and cam in second locked position holding 301 in position is operable to move to unlocked position via actuating 40 which in turn actuates the lock mechanism to unlock such that lock mechanism is operable to move to unlocked position from locked position via both flow actuating mechanism 40 and via lock mechanism); and
wherein, when the lock mechanism is moved from the second position to the first position (when lock mechanism is moved to unlocked position), the flow control mechanism is operable to move from the second position to the first position (per [0066] compression spring 60 can be accommodated between water valve 30 and head 51 of pin 50 to push pin 50 and control member 40 back to their previous positions after control member 40 is released which in turn moves flow control valve 301 to previous positions, i.e., from second position to first position).
Regarding claims 2, 9 and 16, Yuan further teaches the flow control mechanism is biased to the first position (per [0066] compression spring 60 can be accommodated between water valve 30 and head 51 of pin 50 to push pin 50 and control member 40 back to their previous positions after control member 40 is released and accordingly flow control mechanism 301 moves back to previous position, i.e., to first position, via movement of 60 such that 301 is biased to first position); and the lock mechanism is biased to the first position (spring and cam are biased to unlocked position, i.e., first position, since when 40 is pressed, spring and cam unlock until movement of 301 to another position when spring and cam locks into position).
Regarding claims 3, 10 and 17, as best understood, Yuan further teaches the first volume of water is a minimum volume of water; and the second volume of water is a maximum volume of water (see 112(b): interpreted as minimum volume of water is less than the maximum volume of water: per [0052] first volume of water of first position is minimum volume of water which is less than second volume of water at second position).
Regarding claims 4, 11 and 18, Yuan further teaches the flow control mechanism is a flow piston (301 includes a flow piston coupled to 31 in Fig. 11).
Regarding claims 5, 12 and 19, Yuan further teaches the lock mechanism is a lock pin (locking mechanism of spring and cam couple with pin 50 which at least partially supports 301 in open position as seen in Fig. 10 such that lock mechanism includes a lock pin).
Regarding claims 6, 13 and 20, Yuan further teaches the flow actuation mechanism is a flow lever (flow actuation mechanism 40 includes lever 42 per [0057]).
Regarding claims 7 and 14, Yuan further teaches the shell and the waterway are any one of separately formed, unitarily formed, and partially separately formed and partially unitarily formed ([0044] describes waterway 11 may be an opening provided within wand 1 or within shell 10 and wand 1 may provide waterway 11 therein, such as through a uni-body construction or a multiple-part construction; with a uni-body or integrated construction, a substantially-cylindrical space (cylinder) 20 within shell 10 may serve as a portion of waterway 11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of the following prior art are water wands/sprayers including a locking feature:
Tang 20210222409
Hui-Chen 6173911
Wang 6007003
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON JOAN HARRINGTON whose telephone number is (571)272-2359. The examiner can normally be reached M-F 9 am - 5 pm EST.
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/A.J.H./Examiner, Art Unit 3741
/LORNE E MEADE/Primary Examiner, Art Unit 3741