DETAILED ACTION
Priority
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a lamp post fixing member, which is sleeved on the lamp post assembly and abutted on the clamping table” in claim 2 (no corresponding structure see 112 rejections below).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 2 and 4-6 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 2 lacks written description for “a lamp post fixing member, which is sleeved on the lamp post assembly and abutted on the clamping table” because “fixing member” invokes 112(f) and the instant specification is devoid of any structure to perform the function of fixing. MPEP 2163.03 (VI) recites:
“A claim limitation expressed in means- (or step-) plus-function language "shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof." 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. If the specification fails to disclose sufficient corresponding structure, materials, or acts that perform the entire claimed function, then the claim limitation is indefinite because the applicant has in effect failed to particularly point out and distinctly claim the invention as required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. In re Donaldson Co., 16 F.3d 1189, 1195, 29 USPQ2d 1845, 1850 (Fed. Cir. 1994) (en banc). Such a limitation also lacks an adequate written description as required by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because an indefinite, unbounded functional limitation would cover all ways of performing a function and indicate that the inventor has not provided sufficient disclosure to show possession of the invention”
Here because no structure is disclosed to perform the fixing, the claim covers all ways of performing a function and thus does not provide sufficient disclosure to show possession of the claimed invention.
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 and 4-6 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 limitation “a lamp post fixing member, which is sleeved on the lamp post assembly and abutted on the clamping table” in claim 2 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of any structure to perform the function of fixing. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 4-6 are vague and indefinite by virtue of their dependencies on rejected claim 2.
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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piao et al . (CN211716745) (copy of publication and translation submitted herewith).
Regarding claim 1, Piao teaches a fixing structure (fig. 1) of an ultraviolet lamp tube of an air disinfection machine (title), comprising a bracket (chassis 3 or base 2) and a lamp post assembly (lamp 6 and ballast 10) provided on the bracket (when fully assembled 6 is on bracket 3), wherein a catalytic assembly (7) is provided on the bracket (via 4 buckling to 3 see paragraph [0052] teaching the filter pressure member 4 rotatably snapped together with the main shell 1, wherein the main shell and the base 2 are fixed together with chassis 3 (i.e. bracket) and photocatalytic device 7 is detachably mounted on the filter pressure member 4, thus 4 is on either 3 or 2) and covers the lamp post assembly (7 covers 6 as seen in figure 1), wherein the bracket (2 or 3) is provided with a first mounting table (5 when assembled see paragraph [0052] 2/3 is provided with 5), the lamp post assembly (6 and ballast 10) penetrates through the first mounting table (5 is a lamp fixing part, first paragraph on page 31 of the machine translation teaches insert the connecting wire of the UV germicidal lamp ballast 10 from inside the base purifier base 2 into the lamp head. Since the lamp 6 is fixed to 5, the wire of the ballast is through the lamp fixing part 5), and the catalytic assembly (7) comprises: a protective cover (as seen in figure 6, 7 is a cover) which covers the lamp post assembly (as seen in figure 1), wherein the protective cover (7) is further provided with a photocatalyst coating ([0054]), a mounting seat (4), wherein the protective cover (7) is provided on the mounting seat ([0052], 7 is detachably mounted on the filter pressure member 4), and the mounting seat (4) is provided on the first mounting table through threaded connection (4 is coupled to 5 via rotational engagement ([0061]), thus requiring a threaded connection, that is at least one thread is required to engage 4 to 5 via rotation on either element).
Claim(s) 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piao et al. (CN215295273) (copy of publication and translation submitted herewith) (first interpretation)
Regarding claim 1, Piao teaches a fixing structure (figs. 1-2) of an ultraviolet lamp tube of an air disinfection machine (title), comprising a bracket (7) and a lamp post assembly (4) provided on the bracket (when fully assembled 4 is on bracket 7 via couplings (see figure 2)),
wherein a catalytic assembly (5) is provided on the bracket (5 is provided on 7 when fully assembled via couplings see figure 2) and covers the lamp post assembly (5 covers 4 as seen in figure 2), wherein the bracket (7) is provided with a first mounting table (2), the lamp post assembly penetrates through the first mounting table (4 penetrates 2 to couple to 1), and the catalytic assembly (5) comprises:
a protective cover (as seen in figure 2, 5 covers 4) which covers the lamp post assembly (as seen in figure 2, 5 covers 4), wherein the protective cover is further provided with a photocatalyst coating ([n0014] photocatalyst 5 is covered on the outside of the ultraviolet lamp tube 4), a mounting seat (6), wherein the protective cover (5) is provided on the mounting seat (6 is a photocatalyst fixing component, thus 5 is mounted on the seat of 6) the mounting seat (6) is provided on the first mounting table (2) through threaded connection ([n0014] note 4 is inserted into 1 thus through fixing groove 2 (i.e. first table) and 6 is fixed on 7 via screws, therefore 6 is on 2 via a threaded connection (i.e. screws)).
Regarding claim 2, Piao teaches wherein the lamp post assembly (4) is provided with a clamping table (see annotated figures 1-2 below),
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the bracket (7) is provided with a second mounting table (3) located on the first mounting table (when assembled 3 is on 2, see figures 1 and 2), the cross-sectional area of the second mounting table is smaller than that of the first mounting table (2 is clearly a larger component than 3, therefore the cross-sectional area of 3 is smaller than 2),
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and the fixing structure further comprises: a lamp post fixing member (top surface of 2), which is sleeved on the lamp post assembly ([n0014] teaches UV lamp head 1 set in 2 and lamp 4 is inserted and fixed to the 1, thus 2 is sleaved on the lamp 4) and abutted on the clamping table (see annotated figure 2 below),
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and is provided on the second mounting table through threaded connection ([n0014] teaches screws to couple 3 and 6 to plate 7, since 2 is therebetween and 4 is coupled to 1 the clamping table is provided on the second mounting table 2 indirectly through a threaded connection (i.e. screws)).
Regarding claim 3, Piao teaches a clamping member which is provided at the top end in the protective cover and is provided with a plurality of elastic sheets, wherein the elastic sheets together encircle a clamping gap, and the lamp post assembly is clamped in the clamping gap (as indicated in annotated figure 2 below, note any material has a certain amount of elasticity, therefore the sheets are interpreted as elastic. Moreover, the instant drawings show a nearly identical mechanism).
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Regarding claim 4, Piao teaches wherein the lamp post assembly comprises: a lamp holder (1), which is provided on the bracket (when assembled 1 is on 7), a lamp tube (4), which is provided with a connecting end (end connected to 1), inserted on the lamp holder ([n0014]) and electrically communicated with the lamp holder (1 is connected to ballast 8 thus connected electrical with lamp), wherein the protective cover (5) covers the lamp tube (4), and the clamping table (see above in claim 2) is located on the lamp tube (as seen in annotated figure above in claim 2).
Regarding claim 6, Piao teaches a ballast (8), which is provided on the bracket (7) and is connected with the lamp holder (8 is connected to 1, see [n0014]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Piao et al . (CN211716745) and further in view of Dong (CN110663662) (copy of publication and machine translation submitted here with).
Regarding claim 2, while Piao teaches connection of the lamp to table 5, Piao is silent with the structure of the connection between the lamp and the lamp fixing member 5. Piao fails to disclose wherein the lamp post assembly is provided with a clamping table, the bracket is provided with a second mounting table located on the first mounting table, the cross-sectional area of the second mounting table is smaller than that of the first mounting table, and the fixing structure further comprises: a lamp post fixing member, which is sleeved on the lamp post assembly and abutted on the clamping table, and is provided on the second mounting table through threaded connection.
However, Dong teaches the lamp post assembly (fig. 2, 501) is provided with a clamping table (end of thread on 501 that stops the rotation of the lamp into the fixing member hole 610 in figure 4), the bracket (fig. 2, 1) is provided with a second mounting table (fig. 4, 609) located on the first mounting table (604), the cross-sectional area of the second mounting table is smaller than that of the first mounting table (609 has a smaller cross-sectional area than 604 as evident by the smaller diameter), and the fixing structure further comprises: a lamp post fixing member (hole 610 in 604), which is sleeved on the lamp post assembly and abutted on the clamping table (when 501 is spirally connected to connecting hole 610 (see figures 2 and 4), the last thread in 501 will abut the top of hole 610), and is provided on the second mounting table through threaded connection (the hole is threaded to receive threaded lamp end, thus provided on 609 via a threaded connection to lamp 501).
Dong modifies Piao by suggesting how to couple a lamp to the fixing table 5 (via a second table having a threaded fixing member).
Since both inventions are directed towards lamp fixing structures, it would have been obvious to one of ordinary skill in the art to include the lamp fixing arrangement of Dong in the device of Piao because it would be a simpler structure so as to facilitate easy disassembly for cleaning (see paragraph following “summary of invention” in machine translation).
Regarding claim 3, Piao in view of Dong teaches a clamping member (fig. 5 of Dong) which is provided at the top end in the protective cover (fig. 5 shows clamp 3 of figure 1, wherein a portion of the clamp 3 is shown to be at the top of the protective cover 5) and is provided with a plurality of elastic sheets (fig. 5, rubber halves 304), wherein the elastic sheets (304) together encircle a clamping gap (when assembled the rubber sheets 304 encircle the gap that is clamped), and the lamp post assembly (501) is clamped in the clamping gap (by clamping of 5, the lamp 501 is clamped in the cavity. Note there is no requirement that the clamp is in contact or clamps the lamp post only that it is clamped in the gap).
Regarding claim 4, Piao in view of Dong teaches wherein the lamp post assembly comprises: a lamp holder (Dong, fig. 4), which is provided on the bracket (Dong, as seen in figures 1-2 on bracket 1), a lamp tube (501), which is provided with a connecting end (connecting end of 609), inserted on the lamp holder and electrically communicated with the lamp holder (when 501 is screwed into 610), wherein the protective cover covers the lamp tube, and the clamping table is located on the lamp tube (as seen in figures 1-2, cover 502 covers lamp 501 (including interpreted clamping table on the lamp tube)).
Regarding claim 5, Piao in view of Dong teaches a lamp holder fixing member (Dong, fig. 5), wherein the lamp holder (fig. 4) is provided on the bracket (1) through the lamp holder fixing member (fig. 1 shows shade 5 (which is coupled to 611 of lamp holder of figure 4) connected to 3 (i.e. fixing member of figure 5) provided on the bracket (1). Thus figure 4 (interpreting the shade to be part of the lamp holder of figure 4 once assembled) is provided on bracket 1 via 3 (i.e. figure 5)), and the lamp holder fixing member (fig. 5) comprises: a first fixing block (301) and a second fixing block (302), which are oppositely provided (as seen in figure 5) and are both provided with a clamping end (306), a clamping groove (grooves in gear 305), a limiting protrusion (protrusion in 305) and a limiting groove (opening in 306 to receive 305), wherein the clamping ends (306) of both of the first fixing block and the second fixing block are configured to be clamped with the opposite clamping grooves (grooves in 305), the limiting protrusions (protrusions in 305) of the first fixing block and the second fixing block are configured to extend into the opposite limiting grooves (grooves in 306), the first fixing block (301) and the second fixing block (302) are clamped to encircle a clamping cavity (when clamped in figure 5 see figure 1 showing cavity), and the lamp holder (figure 4) is provided in the clamping cavity (as seen in figure 1).
Regarding claim 6, Piao in view of Dong teaches a ballast (10), which is provided on the bracket (2/3, see paragraph [0059] which teaches inserting a connecting wire of the UV lamp ballast 10 from inside the base 2, thus requiring the ballast to be provided on the base 2/3) and is connected with the lamp holder (as modified by Dong, the ballast would necessarily connect with the modified lamp holder of Piao in order to provide electric current to the lamp).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J LOGIE whose telephone number is (571)270-1616. The examiner can normally be reached M-F: 7:00AM-3:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at (571)272-2293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J LOGIE/Primary Examiner, Art Unit 2881
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