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 .
Election/Restrictions
Applicant’s election of Claims 1-10 in the reply filed on 4/20/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 1-10 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.
Re Claim 1, it is unclear what “lifting a front part” and “lifting a rear part” means. Lifting usually means raising, in the context of structural support, but it is unclear how a fluid jet would perform this.
Claims 2-10 are rejected as they depend from Claim 1 without curing the deficiency.
Re Claims 2-3 and 7, it is unclear what the angles are with respect to.
Further examination on the merits is precluded in light of the unascertainable claim scope. However, it is noted that WO 2013/178935 teaches a pool related platform with two fluid jet portions 22b and 23b and a housing, and having these on the sides as opposed to a front and rear would be an obvious rearrangement of parts, depending on what the “lifting” as detailed above means.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON Y KO whose telephone number is (571)270-7451. The examiner can normally be reached M-F: 9:00-6:00.
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JASON Y. KO
Primary Examiner
Art Unit 1711
/JASON Y KO/Primary Examiner, Art Unit 1711
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