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 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 2-6 and 9 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.
Regarding claim 2, on lines 11-12, the metes and bounds of the claim term “stadium-shaped hole” are unclear. If this claim term is intended to describe this particular “hole” as having a shape resembling a “stadium”, as it appears to be, known stadium structures can have a wide variety of shapes, and the originally-filed specification lacks a clear definition of “stadium-shaped” so as to understand the term. It is noted, should Applicant amend the claims in response to this issue in a reply to the instant Office action, the reply should include appropriate amendments to the specification which correspond with such claim amendments.
Regarding claim 9, on lines 14-15, the recitation, “a limiting plate is arranged on an end portion of the pin shaft opposite to the movable member” includes a term which lacks clear antecedent basis, and also (as understood) does not appear to be consistent with the originally-filed disclosure. First, the recitation, “the movable member” lacks clear antecedent basis. As understood, this “movable member” is intended to refer to the “movable part” introduced on line 12 of claim 9. Also, as understood, the “limiting plate” of the claimed device is the element shown in Figs. 5 and 10 which is integrally formed with “pin shaft 53a”, and designated with reference number “533” in Fig. 5; and the “movable part” of the claimed device is the element designated with reference number “53b” in Figs. 5 and 10. Thus, when viewing what is shown in Figs. 5 and 10, it is not understood how one could characterize element “533” as being “arranged on an end portion of the pin shaft opposite to the movable” part, as it is quite clear that element “533” is immediately adjacent to element “53b”. It is noted, should Applicant amend the claims in response to this issue in a reply to the instant Office action, the reply should include appropriate amendments to the specification which correspond with such claim amendments.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huber, USPN 4,340,177.
Huber shows an auto-swinging shower (see Figs. 1 and 2; and see column 2, lines 45-62) comprising: a water flow-through part (1), a water outlet assembly (3), an impeller (5) and a transmission assembly (12); the water flow-through part is provided with a water flow-through cavity (as defined within 1); a water inlet end (upstream end of 3) of the water outlet assembly is pivotally engaged with a water outlet end (downstream end of 1) of the water flow-through part and communicates with the water flow-through cavity (see again, Fig. 1); the impeller is rotatably engaged in the water flow-through cavity (see again, Fig. 1); an input end (region of 12, proximate 5) of the transmission assembly is in transmission connection to a rotating shaft (shaft element extending from 5, which is operatively connected with 12) of the impeller; an output end of the transmission assembly (at 13, 14 and 15) is in transmission connection to the water outlet assembly for driving the water outlet assembly to swing around a pivot shaft (shaft-like protuberance extending from the water outlet end of 1, which is coaxial with axis “L”) between the water outlet assembly and the water flow-through part (see again, Fig. 1).
Allowable Subject Matter
Claims 7, 8 and 10 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.
Claims 2-6 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patents to Brewer and Blessing et al., US Patent Application Publications to Desai, Yu et al. and Wang et al., and Foreign Patent Publications to Hao et al and Fu et al., are cited as of interest. It should be noted, it appears that one or more of the aforementioned publications which are hereby cited as of interest, also anticipate claim 1 of the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W GORMAN whose telephone number is (571)272-4901. The examiner can normally be reached Monday-Thursday 6:30-4:30.
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/DARREN W GORMAN/Primary Examiner, Art Unit 3752