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 2-4, 12, 13, 19, and 20 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, the limitation of “the water flow in the water division chamber is configured to drive the sealing gasket to move towards the water outlet hole” is indefinite. Claim 1 introduces “at least two water outlet holes”. It is not clear which water outlet hole of the at least two water outlet holes is being referenced. Please amend the claim accordingly.
Claims not specifically referenced are rejected as being dependent upon a rejected base claim.
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)(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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hughes (US 2005/0205143).
Regarding claim 1, Hughes discloses an effortless resettable engine switching structure (10), comprising a main body (12, 24, 26), wherein a water division chamber (the fluid flow chamber defined within 12) is provided in the main body; the main body is further provided with at least two water outlet holes (16, 18) configured to communicate with the water division chamber (Figs. 3 and 4); a switching bracket (32 and 36) is provided in the water division chamber and configured to rotate (at least 36 is configured to rotate; a first end (the left end with reference to Fig. 3) of the switching bracket is provided with a sealing gasket (44); and the sealing gasket is cooperatively connected to each of the at least two water outlet holes and block a water outlet hole of the at least two water outlet holes, wherein the water outlet hole cooperates with the sealing gasket. (Figs. 3 and 4; para. [0020] – [0022])
Regarding claim 2, Hughes further discloses the effortless resettable engine switching structure according to claim 1, wherein an end of the sealing gasket is configured to seal the water outlet hole; the sealing gasket is further cooperatively connected to a water flow in the water division chamber (Figs. 3 and 4; para. [0020] – [0022]); and the water flow in the water division chamber is configured to drive the sealing gasket to move towards the water outlet hole (the system of Hughes is at least capable of meeting this limitation as best understood).
Regarding claim 3, Hughes further discloses the effortless resettable engine switching structure according to claim 2, wherein the first end of the switching bracket faces the water outlet hole and is provided with a groove (the groove that 44 is fit within); the sealing gasket is located in the groove (Figs. 3 and 4); the switching bracket is further provided with a water inlet gap (the space formed within 40); and the water inlet gap is configured to communicate the water division chamber with the groove (Figs. 3 and 4), allowing the water flow from the water division chamber to enter the groove and act on the sealing gasket, thereby driving the sealing gasket to block the water outlet hole (Figs. 3 and 4; para. [0020] – [0022]; the water will necessarily enter at least a portion of the groove and act on the gasket to allow for proper sealing as desired).
Allowable Subject Matter
Claims 5-11 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.
Claims 4, 12, 13, 19 and 20 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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/PAUL J GRAY/Primary Examiner, Art Unit 3753
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