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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “three-way valve connected to the bubble outlet ring” of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-7 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 1, it is unclear how the fan is fixed in the housing. The fan rotates and is therefor not fixed. The claim requires “wherein the fan is fixed in the housing.” This is not true. Later the claim requires the bubble outlet ring to be rotationally connected to the housing. The examiner suggests similar language for the fan. The fan is being interpreted as rotating.
Further in claim 1, it is unclear what is meant by “the bubble outlet ring is oppositely arranged.” Oppositely arranged to what? Limitations like “fan faces the outlet” and “oppositely arranged” should have a frame of reference in order to make sense within the claim.
Further claim 1 requires “one end of the trigger passes through the housing and the other end is connected to the housing” then later requires “one end of the trigger extending into the housing” it is unclear which end this refers. If applicant means that one end of the trigger extends outside of the housing, the limitation should be reflected to say such and then further amended to “the one end of the trigger extending into the housing”
Lastly in claim 1, it is unclear how a three-way valve has only one inlet and one outlet as claimed. From the specification it appears the three-way valve must have “two outlets directly connected to the bubble outlet ring.” Correction is required.
Claims 2-7 are rejected due to dependency.
Allowable Subject Matter
Claim 1 would be allowable (and therefor 2-7) if rewritten or amended 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.
Reasons for Allowance
Regarding claim 1, The closest prior art is Thai (US 10,434,433). Thai shows an electric bubble box structure (20) for generating big bubbles, comprising a housing (22, 24 fig 3), a power structure (40,42), a bubble outlet structure (64,28,110,112) and a valve (200), wherein the power structure is fixedly connected to the housing (fig 8), the power structure is configured to provide power, and the housing is provided with a bubble outlet (fig 2, space/opening in housing where bubbles leave the outlet structure),the bubble outlet structure comprises a fan (64), a trigger (28) and a bubble outlet ring (112), wherein the fan is fixed in the housing (fig 8) and connected to the power structure (please note that all elements are “connected” in the unit even if connected indirectly via other elements), the fan faces towards the bubble outlet (fig 8), the bubble outlet ring is oppositely arranged and is located in the housing (fig 8), the bubble outlet ring is rotationally connected to the housing, the bubble outlet ring is arranged between the fan and the bubble outlet (fig 8), one end of the trigger passes through the housing (fig 8 shows 28 in the housing with one end outside of the housing- please note that “through the housing” does not require the trigger to be outside of the housing) and the other end is connected to the housing (figure 8 the pivot of the trigger is in the housing), one end of the trigger extending into the housing is connected to the bubble outlet ring (connected indirectly column 7 lines 7-30) and is configured to drive the bubble outlet ring (the trigger engages electrical contacts that drive the motor to rotate the outlet ring) to rotate, and the valve is fixedly connected to the housing ( at 34 figures 8 and 16), an inlet of the valve is connected (indirectly) to the power structure and is configured to extract a bubble liquid (from 32; see arrows of flow in fig 8). Thai fails to show a three way valve having two outlets directly (see 112 above) connected to the bubble outlet ring and is configured to deliver the bubble liquid to the bubble outlet ring.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTINA ROSE FULTON whose telephone number is (571)272-7376. The examiner can normally be reached M-F 8-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Namrata Boveja can be reached at 571-272-8105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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