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 with traverse of Group I in the reply filed on December 15, 2025 is acknowledged. The traversal is on the ground(s) that the application does not describe the first bracket /second bracket and the cover being mutually exclusive. This is not found persuasive because Applicant argues the specification rather than the claims.
The requirement is still deemed proper and is therefore made FINAL.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on December 15, 2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 132. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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 9-11 and 13 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 9 recites the limitation “a controller” in line 2. The preamble of claim 9 is directed to a laminar device 100. The body of the claim recites a controller 218. The preamble is directed to a subcombination of a laminar device. Yet, the body of the claim is directed to a combination of a laminar device 100 and a controller 218. The body of the claim exceeds the scope of the preamble.
Claim 13 recites the limitation “the laminar body is rotated and tilted simultaneously” in lines 1-2. The claim fails to recite structure to accomplish the function. The structure recited by the claim is not commensurate in scope with the function required by the claim.
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, 8, 12 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hagaman (2010/0155498).
Hagaman discloses a laminar device for an aquatic application, comprising:
a substantially cylindrical housing 110 forming an enclosure and having an opening at a top end thereof;
a collar 112 designed to releasably engage the opening of the housing;
an arm lid plate 105 rotatably enclosed in the collar;
a first bracket 135A opposite a second bracket 135B, the first bracket and the second bracket extending downwardly in a same direction from the arm lid plate; and
a laminar body 115 rotatably coupled to the first bracket and the second bracket, wherein the laminar body rotates and tilts to create one or more water features;
wherein a first water feature of the one or more water features is produced when the laminar body is in a first orientation;
wherein the laminar body includes a laminar light engine 220 to generate one or more light patterns;
wherein the laminar body is rotated and tilted simultaneously to create the one or more water features (function of rotated and tilted merely requires the capability to so perform).
Allowable Subject Matter
Claims 2-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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