DETAILED ACTION
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) 1-3, 5, and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Wang (US 2014/0093326 A1).
Regarding claim 1, Wang discloses a control device (see Fig. 6), comprising:
a head portion (10, 20); and
a body portion (30) movably fitted to the head portion (see Figs. 6-8), wherein lateral buoyancy level, vertical buoyancy level (see Figs. 6-8) or rotational buoyancy level between the head portion and the body portion enables shifting (see Figs. 6-8), tightening, restrictive abutment or rotational abutment between the head portion and the body portion;
wherein the head portion has an axial portion (10, 20) such that the axial portion is movably fitted to the body portion (see Fig. 6);
wherein the axial portion has a stopping portion (C in annotated Figure 6 below) protruding outward at one end thereof (see annotated Figure 6 below); and the body portion has a variable portion (A in annotated Figure 6 below) deformable under an applied force so as to be folded inward (see NOTE below), such that the variable portion abuts against and restricts movement of the stopping portion (see Fig. 6) within the body portion (see NOTE below), thereby allowing the body portion to be movably fitted to the head portion (see Fig. 6 and NOTE below).
NOTE: The claim recites deformable and therefore only requires the prior art to be capable of being deformed in the manner claimed. Accordingly, the variable portion is capable of being deformed and folded inward under an applied force. Further, the stopping portion interacts with the body portion within the outermost bounds of the body portion and therefore the interaction of the variable portion and the stopping portion is within the body portion as claimed.
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Figure 1. Annotated Figure 6.
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Figure 2. Annotated Figure 6.
Regarding claim 2, Wang discloses wherein a resilient component (40) is disposed between the head portion (10, 20) and the body portion (30) and adapted to abut against the head portion (see Fig. 6) or the body portion and thereby cause the head portion (see Fig. 6) or the body portion to undergo a lateral, vertical (see Figs. 6-8) or rotational movement, or a restoring movement performed after motion and intended to restore to a pre-motion position.
Regarding claim 3, Wang discloses wherein the resilient component (40) laterally, vertically (see Fig. 6), or rotationally abuts against the head portion (10, 20) or the body portion.
Regarding claim 5, Wang discloses wherein the variable portion (A in annotated Figure 6 above) of the body portion (30) is an upward-protruding element (see A in annotated Figure 6 above) or a downward-protruding element with a hole portion (B in annotated Figure 6 below) such that, as soon as a corresponding structure (10, 20) of the axial portion (10, 20) passes through the hole portion and thus is subjected to pressure under an applied force (see Fig. 7), the hole portion of the variable portion is smaller than the corresponding structure of the axial portion (see NOTE below), thereby allowing the body portion to be movably fitted to the head portion (see Figs. 6-8).
Applicant is reminded that "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Accordingly, all the process limitations of “as soon as a corresponding structure of the axial portion passes through” and “subjected to pressure” are given limited patentable weight, all that is required of claim 5 is that the axial portion is capable of being passed through and being subjected to pressure.
NOTE: See in Fig. 6 that the axial portion (10, 20) passes through the hole portion and further has a portion (22) that is larger in size than the hole portion.
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Figure 3. Annotated Figure 6.
Regarding claim 7, Wang discloses wherein forward or lateral (see Fig. 6) rotational buoyancy displacement occurs between the body portion (30) and the head portion (10, 20, see Figs. 6-8).
Regarding claim 8, Wang discloses wherein the rotational buoyancy level is defined as a variation in an angle between the head portion (10, 20) and the body portion (30) to thereby vary a distance between different positions thereof (see Figs. 6-8 for example), wherein the distance resulting from the angular variation equals a difference in the distance variation between different parts of the head portion or equals a difference in the distance variation between different parts of the head portion and different parts of the body portion (see Figs. 6-8 for example).
Regarding claim 9, Wang discloses wherein the axial portion (10, 20) is a cylindrical element, raised element, dented element, hole element, slot element, fitting element (see Fig. 6), engaging element or resilient element.
Response to Arguments
Applicant's arguments filed 08 June 2026 have been fully considered but they are not persuasive.
Applicant's arguments filed 08 June 2026, page 5, recites: “…Based on these passages, a person having ordinary skill in the art would understand that the floating displacement limiting section 32/32' serves as a reinforcing structure that prevents the second stop section 31 from deforming, and would therefore understand that the second stop section 31 and the floating displacement limiting section 32/32' are not capable of being deformed in the manner as recited in amended claim 1 of the present application…”. Examiner respectfully disagrees. Claim 1 only requires that the variable portion be capable of deforming under applied force. Accordingly, it is understood that with enough force applied, the variable portion of Wang can deform.
Applicant's arguments filed 08 June 2026, page 6, recites: “…Moreover, as illustrated in FIGS. 21-22 (see above) in the present application, the variable portion 124 of the body portion 12 is deformed under a force applied by the head portion 11, and abuts against the stopping portion 1143 of the axial portion 114, thereby restricting the movement of the axial portion 114 and enabling the body portion 12 to be movably fitted to the head portion 11. This technical feature is neither disclosed nor taught by Wang…”. Examiner respectfully disagrees. The claim language requires the “…variable portion deformable under an applied force…such that the variable portion abuts against and restricts movement of the stopping portion within the body portion, thereby allowing the body portion to be movably fitted to the head portion…”. Accordingly, Wang discloses the claimed features as seen in the rejection of claim 1 above.
Applicant's arguments filed 08 June 2026, page 6, recites: “…Wang fails to disclose or teach…recited in the amended claim 1…”. Examiner respectfully disagrees. Wang discloses all of the claimed subject matter of newly amended claim 1 as seen above in the rejection. Applicant’s arguments are not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY A HALL whose telephone number is (571)272-5907. The examiner can normally be reached Monday through Thursday 8:00am to 4:00pm.
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/ZAH/Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678
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