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 .
Response to Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The response filed on December 28, 2025 is acknowledged.
The listing of the claims fails to properly reflect the changes the made to the claims. The response fails to comply with 37 CFR 1.121(c). For example, the listing of the claims indicates that “and laterally” in line 7 was previously presented, i.e., not strike through or underlining. Yet, the prior version of the claims filed on July 7, 2025 does not recite “and laterally.” Additionally, the July 7, 2025 version recites “surrounds” after “completely” in line 7. Yet, the current version (filed December 28, 2025) does not recite “completely” or indicate that the term has been deleted. Applicant’s failure to comply with 37 CFR 1.121(c) merely hinders examination. In the interest of compact prosecution, this Office action considers the claims as filed on December 28, 2025. Any future amendments failing to strictly comply with 37 CFR 1.121(c) will be held non-responsive.
Claim Rejections - 35 USC § 112
Claims 1-12 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.
Claim 1 recites the limitation “…and an upper portion above the container with a top…” in lines 5-6. It is uncertain whether “with a top” is in reference to the “upper portion” or the “container.” This Office action considers the “container with a top.”
Claim 1 recites the limitation "portion" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “a lower of portion” in line 6. The recitation appears to be grammatically incorrect.
Claim 1 recites the limitation “laterally” in line 7. The claims fails to provide a reference to determine “laterally.”
Claim 1 recites the limitation "the length" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the top of the upper portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "said top of the wick" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation “a part” in line 2. It appears to the be a double inclusion of the “lower of portion” recited in claim 1, line 6.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with indefiniteness.
Claim Rejections - 35 USC § 102
Claim(s) 1-12 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cen et al. (2014/0209701).
Cen et al. disclose a device for diffusing volatile substances comprising:
a container 12 containing a liquid 20 with said volatile substances (paragraph 0034),
a wick 14, said volatile substances impregnating the wick, and the wick having a longitudinal axis and an upper portion (fanned portion above neck 34, see figure 2) above the container with a top (top of neck 34) and a lower of portion (portion of wick 14 in reservoir 12) in the container,
a support element 16 completely and laterally enclosing the length of the upper portion of the wick above the container (see figure 2, collar 16 completely surrounds, i.e., 360 degrees, the wick 14 above lower side 40 which is above reservoir 12), the support element supporting the upper portion of the wick (see figure 2, collar 16 and supports the wick 14), and the support element being removable (collar 16 can be removed from reservoir 12); and
a removable cover 102 of the support element enclosing a top of the support element (see figures 18 and 21 showing base 104 of screen 102 enclosing collar 16);
wherein said support element comprises a guide 90 for positioning the wick;
wherein the top of the upper portion of the wick is fixed to the removable cover of said support element (fixed via collar 16 and reservoir 12);
wherein said removable cover of said support element comprises a groove (space between side walls 108) in which a complementary tabular projection (expanded/fanned portion of wick 14) of said top of the wick is housed;
wherein the upper portion of the wick comprises first and second portions (30/A (wall segments 52 between the most outer wall segments) and 22, respectively), the first portion being wider than the second portion;
wherein a complementary projection (most outer wall segment 52 at either end) of said wick is positioned on said first portion of the upper portion of the wick;
wherein said support element comprises a plurality of evaporation holes 88;
wherein a part of the wick is housed in the container (see figure 2, lower end of wick 14 is within the container 12) and said support element comprises a cover portion 86 that surrounds the part of the wick housed inside the container;
wherein said cover portion comprises a plurality of through holes 88;
wherein the wick comprises a handle (expanded portion of wick 14);
wherein a handle (expanded/fanned portion of wick 14 can be grasped by a hand) is arranged on the complementary tabular projection (expanded/fanned portion of wick 14) of the top of the wick;
wherein the handle is housed in the groove of the removable cover.
Response to Arguments
Applicant's arguments filed December 28, 2025 have been fully considered but they are not persuasive.
Applicant argues that the “removable cover 39” does completely and laterally enclose the upper portion of the wick above the container. In Cen et al., the support element (collar 16) completely and laterally encloses (encircles 360 degrees in the horizontal plane) a length (length of the wick 14 above lower side 40 and below the upper side 39) of the upper portion of the wick above the container 12.
Applicant argue that elements 88 are not evaporation holes. Slits 88 constitute holes. The claims do not further “holes” to any shape. Additionally, slits 88 are evaporation holes because the volatile substances must evaporate prior to passing through slits 88.
Conclusion
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 CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached on (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK