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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/27/26 has been entered.
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 container and the receptacle (cl 10) 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.
Claims 10,12-14, and 18-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The usage of the terms “receptacle” and “container” throughout claim 1 are not consistent with the instant specification. The instant specification clearly recites the receptacle as the dish 3 (para. 0041) and the container as the housing 2 that receives the receptacle (para. 0018). In contrast to applicant’s remark filed 4/28/26, the container is not the device 1. There is no support for the structural relationship between “receptacle” and “container” as found in the claims since the instant specification clearly recites the receptacle arranged within the container rather than the receptacle comprising the container and lid. It is suggested that the terms (device 1, housing 2, dish 3, lid 4, etc) found in paragraphs 0041-0044 be used in the instant claims rather than “the receptacle” and “the container” in order to provide consistency and remove ambiguity.
Applicant’s arguments with respect to claim(s) 10,12-14, and 18-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
However, it should be noted that applicant’s arguments concerning the drawings are inaccurate and unsupported by the instant specification. The claimed container cannot be the device 1. See paragraphs 0018 and 0041-0044 of the instant specification. It is suggested that the terms (device 1, housing 2, dish 3, lid 4, etc) found in paragraphs 0041-0044 be used in the instant claims rather than “the receptacle” and “the container” in order to provide consistency and remove ambiguity.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP3-105984 teaches a ultrasound cleaner comprising a container, lid, and a countdown timer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao (Sam) Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744
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