DETAILED ACTION
Allowable Subject Matter
Claims 5-9 and 14-18 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.
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 .
Status of Claims
Claims were filed on 9/10/2024. Claims 1-18 are currently pending.
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:
Position-limiting member and elastic member is configured to be moved along an axial direction in claims 1 and 10. The Specification para 0048 states “movable member 131 comprises a positioning plate 1311 and a Y-shaped sealing ring 1312, which are sleeved outside the switching shaft 22. Due to the water pressure, the positioning plate 1311 will move relative to the switching shaft 22. The position-limiting member 222 does not move relative to the switching shaft 22.”
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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1- 4 and 10-13 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Yean US 6155729 (“Yean”).
Regarding Claim 1, Yean discloses a water outlet device with a light switching force (ann. fig. 2 and figs. 1, 3, and 4), comprising: a water outlet device body (40), and a water outlet mode switching assembly (ann. fig. 1), wherein: the water outlet device body (40) has a water inlet channel (506), a first water outlet channel (60), and a second water outlet channel (72), the water outlet mode switching assembly comprises a first operating member (403) and a switching shaft (51), the first operating member (403) is configured to drive (col. 3 lines 25-40) the switching shaft (51) to move to a first position (fig. 4), when the switching shaft (51) is in the first position (fig. 4), the first water outlet channel (60) is in communication with the water inlet channel (506), when the switching shaft (51) is in the second position (fig. 3), the second water outlet channel (72) is in communication with the water inlet channel (506), a movable member (514) is disposed in the second water outlet channel (72), the movable member (514) is configured to be moved along an axial direction (ann. fig. 2) of the switching shaft (514) due to water pressure (col. 2 lines 51-57 and col. 4 lines 7-12), the switching shaft (51) is disposed with a position-limiting member (limiting plates and C retaining rings, col. 2 lines 51-57) and an elastic member (513), a movable end of the elastic member (end of elastic member 513 adjacent to movable member 514) is located between the position-limiting member (limiting plates and C retaining rings) and the movable member (514), when the movable member (514) moves due to the water pressure (col. 4 lines 7-12) to be in contact with the movable end of the elastic member (513), the water pressure acting on the movable member (514) is counteracted by an elastic resetting force of the elastic member (513), and when the movable member (514) moves due to the water pressure to be in contact with the position-limiting member (limiting plates and C retaining rings), the water pressure acting on the movable member (514) is transmitted to the switching shaft (51) through the position-limiting member (limiting plates and C retaining rings).
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YEAN – ANNOTATED FIGURE 2, ENLARGED FIGURE 3 and ENLARGED FIGURE 4
Regarding Claims 2 and 11, Yean discloses the movable member (514) comprises a positioning plate (limiting plates located between movable member 514 and C retaining rings, see col. 2 lines 51-57)) sleeved outside the switching shaft (51).
Regarding Claims 3 and 12, Yean discloses a sidewall of the switching shaft (51) comprises a buckling groove extending along a circumferential direction of the switching shaft, and the position-limiting member (C retaining rings, see col. 2 lines 51-57, not illustrated) is a retaining ring that is buckled to the buckling groove.
Regarding Claims 4 and 13, Yean discloses the first operating member (403, col. 3 lines 25-40) is a rocker switch, and a distal end of the switching shaft (51) has a spherical head (511, col. 2 lines 51-52) that cooperates with the rocker switch in a linkage manner.
Regarding Claim 10, Yean discloses a water outlet device with a light switching force (ann. fig. 2 and figs. 1, 3, and 4), comprising: a water outlet device body (40), and a water outlet mode switching assembly (ann. fig. 1), wherein: the water outlet device body (40) has a water inlet channel (506), a first water outlet channel (60), and a second water outlet channel (72), the water outlet mode switching assembly comprises a first operating member (403) and a switching shaft (51), the first operating member (403) is configured to drive (col. 3 lines 25-40) the switching shaft (51) to move to a first position (fig. 4), when the switching shaft (51) is in the first position (fig. 4), the first water outlet channel (60) is in communication with the water inlet channel (506), when the switching shaft (51) is in the second position (fig. 3), the second water outlet channel (72) is in communication with the water inlet channel (506), a movable member (514) is disposed in the second water outlet channel (72), the movable member (514) is configured to be moved along an axial direction (ann. fig. 2) of the switching shaft (514) due to water pressure (col. 2 lines 51-57 and col. 4 lines 7-12), the switching shaft (51) is disposed with a position-limiting member (limiting plates and C retaining rings, col. 2 lines 51-57) and an elastic member (513), a movable end of the elastic member (end of elastic member 513 adjacent to movable member 514) is located between the position-limiting member (limiting plates and C retaining rings) and the movable member (514), a difference in wetted areas at two ends of the switching shaft (511) is S1I , when the movable member (514) moves due to the water pressure to be in contact with the position-limiting member, the difference in the wetted areas at the two ends of the switching shaft is S2, and the S1 > the S2 (see ann. enlarged figs. 3 and 4 for the first end and second end of movable member).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Erickson et al. US 10625278, Wang et al. US 10610874, Erickson et al. US 10124349, Rosko et al. US 8424781, and Benstead et al. US PG PUB 20020185553.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daphne Barry whose telephone number is (571)272-9966 and fax number is (571) 273-9966. The examiner can normally be reached on Monday through Friday 9 AM-6 PM (eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor either Kenneth Rinehart can be reached at (571) 272-4881 or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAPHNE M BARRY/Primary Examiner, Art Unit 3753