DETAILED ACTION
Notice to Applicant
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. In the Response dated 05/06/2026, claims 1-20 are canceled, claims 21-33 are added, and claims 21-33 are pending.
Response to Arguments
3. The argument that Matsumoto in view of Johnson in further view of Deng does not teach the apparatus of claim 21 was found to be convincing. However, the application is not in condition for allowance due to the issues detailed below.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 21-33 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 21 states that the activation button is “formed of an elastomeric material” and describes the “elastomeric material of said activation button” being activated by water pressure. However, in light of the specification, it is unclear if these limitations imply that the activation button is composed of an elastomeric material, which is not described in the specification, or if these limitations imply that the activation button is configured to be in contact with an elastomeric material, which is described in the last paragraph of page 3 of the specification. Appropriate correction is required. Claims 22-33 are consequently rejected due to their dependence on claim 21.
Claim 22-24 describe the elastomeric material exerting pressure on said activation button. However, claim 21, from which claims 22-24 depend, describe the activation button as being “formed of an elastomeric material.” Therefore, it appears that claims 22-24 imply that the activation button exerts pressure on itself because the elastomeric material is part of the activation button. Appropriate correction is required. To note, as shown in Figure 1, it appears that the elastomeric material and activation button are separate components.
Claim 24 states that the cover has “a plurality of water passages.” However, it is unclear if said limitation refers to the limitation “a plurality of water passage holes” recited in claim 21, from which claim 24 depends. Appropriate correction is required. For the purpose of examination, said limitation in claim 24 is interpreted as implying “the plurality of water passage holes.”
Claim 27 states that “said activation button is adapted to be activated at the water pressure less than the water pressure required to activate the plurality of function buttons.” It is unclear if the activation of the plurality of function buttons described in claim 27 refers to the actuation of the plurality of function buttons described in claim 26, from which claim 27 depends. Appropriate correction is required. To note, if claim 27 implies that “said activation button is adapted to be activated at the water pressure less than the water pressure required to actuate the plurality of function buttons,” it would then appear that claim 27 would not further limit the subject matter claim 26.
Claim 29 states that “said activation button is adapted to be activated at the water pressure less than the water pressure required to activate the plurality of function buttons.” It is unclear if the activation of the plurality of function buttons described in claim 29 refers to the actuation of the plurality of function buttons described in claim 28, from which claim 29 depends. Appropriate correction is required. To note, if claim 29 implies that “said activation button is adapted to be activated at the water pressure less than the water pressure required to actuate the plurality of function buttons,” it would then appear that claim 29 would not further limit the subject matter claim 28.
Claim 31 states that “said activation button is adapted to be activated at the water pressure less than the water pressure required to activate the plurality of function buttons.” It is unclear if the activation of the plurality of function buttons described in claim 31 refers to the actuation of the plurality of function buttons described in claim 30, from which claim 31 depends. Appropriate correction is required. To note, if claim 31 implies that “said activation button is adapted to be activated at the water pressure less than the water pressure required to actuate the plurality of function buttons,” it would then appear that claim 31 would not further limit the subject matter claim 30.
Claim 33 states that “said activation button is adapted to be activated at the water pressure less than the water pressure required to activate the plurality of function buttons.” It is unclear if the activation of the plurality of function buttons described in claim 33 refers to the actuation of the plurality of function buttons described in claim 32, from which claim 33 depends. Appropriate correction is required. To note, if claim 33 implies that “said activation button is adapted to be activated at the water pressure less than the water pressure required to actuate the plurality of function buttons,” it would then appear that claim 33 would not further limit the subject matter claim 32.
Claim Objections
6. Claims 22-23, 26, 28, 30, and 32 are objected to due to the following informalities.
Per claim 22-23, it appears that the phrase “the plurality of water passages” should be revised to “the plurality of water passage holes” for consistency.
Per claim 26, it appears that the phrase “a water pressure require to actuate” should be revised to “a water pressure required to actuate.”
Per claim 28, it appears that the phrase “a water pressure require to actuate” should be revised to “a water pressure required to actuate.”
Per claim 30, it appears that the phrase “a water pressure require to actuate” should be revised to “a water pressure required to actuate.”
Per claim 32, it appears that the phrase “a water pressure require to actuate” should be revised to “a water pressure required to actuate.”
Conclusion
7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAS A. SANGHERA whose telephone number is (571)272-4787. The examiner can normally be reached M-Th, alt. Fri, 8-5 EST.
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/JAS A SANGHERA/Primary Examiner, Art Unit 2852