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 .
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 (cl 10:15) 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 10,12-14,18, and 19-24 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.
The phrase “a closed interior…with respect to surrounding are” (cl 10:17-18) is indefinite because it is unclear what is meant.
Correction is required.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 10,12-14,18 and 19-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN206997235 (English machine translation; short specification) in view of JPH06238247 (English machine translation; short specification).
It should be noted that apparatus claims are examined for its structure rather than the material worked upon. See MPEP 2115.
Applicant is reminded that apparatus claims are examined for its recited structure rather than how the apparatus is used or what the apparatus does. MPEP 2114.
Regarding claim 10, CN206997235 teaches:
10. (currently amended) A device (CN206997235: portable cleaning machine; figs 1-3) for heating an orthodontic correction device with a known critical temperature (Tkrit) and known glass transition temperature to a temperature that lies above the critical temperature and below the known glass transition temperature, comprising:
a receptacle for the orthodontic correction device (CN206997235: together top cover 13 and movable cylinder 32 that will hold the articles to be washed constitute the receptacle; figs 1-3);
means for heating (CN206997235: heaters are within the fixed cylinders that contain water; figs 1-3); and
a control unit for receiving sensor signals, wherein the receptacle comprises a container and a lid which are mobile and movable relative to each other to define, in a closed position, a closed interior of the correction device with respect to surrounding are (CN206997235: timing switch constitutes the control unit; together top cover 13 and movable cylinder 32 that will hold the articles to be washed constitute the receptacle; figs 1-3),
the receptacle further comprising an integrated control device as the control unit (CN206997235: timing switch an integrated control device; figs 1-3), and wherein the means for heating, a means for cleaning, and at least one energy store are in either the container or the lid (CN206997235: the heater is within the cylinder 37, which is within the container; ultrasonic wave generator 36 is within the cylinder 37; the outlet constitutes the energy store since energy is run through the outlet to power the motor, generators, and movable cylinders; together top cover 13 and movable cylinder 32 that will hold the articles to be washed constitute the receptacle; figs 1-3).
However, CN206997235 does not teach a means for capturing the presence of the orthodontic correction device in the device for heating, said means for capturing comprising a sensor for directly detecting the presence of the orthodontic correction device, wherein the sensor is an optical, acoustic or contact sensor. JPH06238247 teaches an ultrasonic cleaner having an infrared ray emitting sensor for sensing when articles are placed within the cleaner, wherein using the sensor reduces cleaning solution consumption and increase the life of the ultrasonic vibrator/generator. Since CN206997235 and JPH06238247 are analogous with respect to ultrasonic cleaners, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the sensor of JPH06238247 into the container or lid of CN206997235 in order to lengthen the life of the ultrasonic generator of CN206997235 and reduce consumption of cleaning solution.
Regarding claim 12, such is taught by CN206997235 since the cylinder of CN206997235 constitutes a frame (CN206997235: figs 1-3).
Regarding claim 13, such is taught by CN206997235 (CN206997235: heaters are within the fixed cylinders that contain water; figs 1-3
Regarding claim 14, such is taught by CN206997235 (CN206997235; timer switch; figs 1-3).
Regarding claim 18, such is taught by CN206997235 since the timer switch control the time interval between repeated cleanings (CN206997235: short specification; figs 1-3).
Regarding claim 19, such is taught by CN206997235 since it is possible for the portable cleaner to be attached to a docking station.
Regarding claim 20, CN206997235 does not teach linking a docking station to an alternating current. Since it is well-known in the cleaner art to link a cleaner to a docking station connected to an alternating current, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to link the docking station of CN206997235 (modified) to an alternating current in order to efficiently power the cleaner.
Regarding claim 21, CN206997235 does not teach a cooling means. Since it is well-known in the cleaner art to cool water within the cleaner in order to reduce color fading of articles, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate cooling means into the cleaner of CN206997235 in order to reduce color fading.
Regarding claim 22, such is taught by CN206997235 (CN206997235: short specification; figs 1-3).
Regarding claim 23, such is taught by CN206997235 since the timer switch controls how long the articles are cleaned (CN206997235: short specification; figs 1-3).
Regarding claim 24, such is taught by CN206997235 since the timer switch controls how long the articles are cleaned and turns off the cleaner after a specified time (CN206997235: short specification; figs 1-3).
Applicant’s arguments with respect to claim(s) 10,12-14,18, and 19-24 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN105319111 and CN205120458 teach portable units having ultrasonic cleaning means, control units, heating means, receptables, lids, and energy sources like alternating currents.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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