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 .
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.
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 1-10 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 term “far away” in claims 1, 7 and 8 is a relative term which renders the claim indefinite. The term “far” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear where on the device the elements must be located in order to be considered far away? Do they need to be at opposite ends? Do they need to have elements between them? Clarification is required.
Claims 2-10 are necessarily rejected as being dependent on rejected claim 1.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over of CN 211157290 U to Gu et al. (Gu; see provided machine translation) in view of CN 214499511 U to Chen et al. (Chen; see provided machine translation) and US 9,314,261 B2 to Bales, Jr. et al. (Bales).
Regarding claims 1-3, Gu teaches a suspended moxibustion device (Fig. 1), comprising a mounting base (mounting head 2), a suspended moxibustion head (hanging moxibustion head 3) comprising a suspended moxibustion body (thermal radiation circular arc cover 20), wherein the suspended moxibustion body is provided with a mounting piece (moxa fixing device 11) for mounting a moxa stick, and the suspended moxibustion head is rotatably connected to mounting base, a motor (first motor 7) fixedly connected to one end of the suspended moxibustion head away from the suspended moxibustion body (Fig. 2). However, Gu does not teach the specifics of a first mounting position and a second mounting position spaced apart from the first mounting position on the mounting base, an output shaft of the motor being parallel to a rotating axis of the suspended moxibustion head, a link lever rotatably connected to the second mounting position and a crank perpendicular to the output shaft, wherein one end of the crank is connected with the output shaft, so that the motor is capable of driving the crank to rotate, and the other end of the crank is rotationally connected to one end of the link level close to the motor, wherein the mounting base comprises a first boss and a second boss, a wear-reducing piece connected above the first boss and the second boss, the first and second mounting position arranged on the wear-reducing piece, or the first mounting position is a first mounting hole and the second mounting position is second connecting hole.
Chen teaches an analogous device to that of Gu (i.e. reasonably pertinent to the problem being solved of achieving reciprocal rotation) which discloses a fan moving head assembly (Figs. 1-4) including a crank (151) of a swing motor (15) connected in rotation to a connecting rod (12), the swing motor (15) and the primary motor (14) are relatively fixed in the direction of the moving head, and when the swing motor (15) swings is operated, the connecting rod (12) is turned relative to a support column (111), whereby the swing motor (15) swings relative to the support column (111). A primary motor (14), which is relative fixed to the swing motor (15) in the moving direction, rotates with the axis of supporting shaft (141) allowing the main shaft (142) to oscillate with respect to the connection (11). The crank is perpendicular to the output shaft and one end of the crank is connected to the output shaft to enable the motor to rotate the crank and the other end of the crank is connected to the end of the connecting rode close to the motor (Figs. 1 and 2). The connector (11) is provided with the support column (111) and the connecting rod (12) is provided with a blind hole (121). The support column (111) is inserted into blind hole (121), such that the connecting rod (12) is rotatable with respect to the connector (11) on the axis of the support column (111), a first support cylinder (112) is provided on the connector (11), a cantilever (131) on shaft sleeve (13) which is inserted into the first cylinder support (112), the end surface of the support column (111) is inserted into the blind hole (121) groove (1112), the support shaft (141) of the primary motor (14) is inserted into the shaft sleeve (13), and the connecting rod (12)and the crank (151) are rotationally connected together. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Gu with the motor configuration of Chen to allow for the device to rotate left and right as taught by Chen to allow for greater flexibility of placement.
While Chen is silent with respect to the connection mechanisms themselves (i.e. screws, bulges, etc.), it is asserted that it would have been obvious to utilize such connection mechanisms as an obvious selection of one known connection mechanism for another, since it has been held to be within the general skill of worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Bales teaches an analogous (i.e. reasonably pertinent to the problem being solved of reducing wear between mated surfaces) device to that of Gu including lubricating mating surfaces to permit smoother articulation and reduce wear between the mating surfaces (Col. 80, lines 51-54). It is asserted that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Gu to include the lubricant of Bales to permit smoother articulation and reduce wear between the mating surface as taught by Bales.
Regarding claims 4 and 5, the combination teaches the device of claim 1 as well as Chen teaching that a support column (111) is provided with a connector (11). Fig. 3 shows the connecting rod (12) is provided with a blind hole (121) so that the support column is inserted into the blind hole (121) allowing the connecting rod (12) to rotate with respect to the connector (11) with the axis of support of support column (11) as the rotational axis, a first supporting cylinder (112) is also provided on the connector (11) and coaxially arranged with the support column (111). The supporting shaft (141) of the main motor (14) is inserted into shaft sleeve (13), and when the swing motor (15) swings, the main motor (14) indirectly connected to the swing motor (15) rotates with the axis of the supporting shaft (114). While Chen is silent with respect to the connection mechanisms themselves (i.e. screws, bulges, etc.), it is asserted that it would have been obvious to utilize such connection mechanisms as an obvious selection of one known connection mechanism for another, since it has been held to be within the general skill of worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 6, the combination teaches the device of claim 1 as well as Gu teaching wherein the suspended moxibustion body (thermal radiation circular arc cover 20) is provided with a combustion chamber (Fig. 3 where the moxa column fixing device 11 is located), an inner wall (inside surface of thermal radiation circular arc cover 20) of the combustion chamber provided with a first mounting port (Fig. 3 where 11 is connected to 20), and the mounting piece (moxa column fixing device 11) is connected to the first mounting port (Fig. 3).
Regarding claim 7, the combination teaches the device of claim 6 as well as Gu teaching wherein the mounting price (moxa column fixing device 11) is arranged at one end of the suspended moxibustion body close to the motor (Fig. 3), the mounting piece comprising a storage barrel (Fig. 3) provided with an accommodation hole (Fig. 3) for accommodating the moxa stick along a length direction, the accommodation hole communicating with the combustion chamber (Fig. 3) through the first mounting port, and the motor is fixedly connected to one end of the storage barrel away from the suspended moxibustion body (Figs. 1-3).
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gu, Chen, and Bales as applied to claim 6 above, and further in view of CN 109875880 A to Wang et al. (Wang; see provided machine translation).
Regarding claims 8 and 9, Gu in view of Chen teaches the device of claim 7, but not wherein the mounting piece further comprises a connecting rod with an external thread, one end of the storage barrel away from the combustion chamber provided with a second mounting port, the second mounting port is provided with an internal thread, the connecting rod is arranged to penetrate through the second mounting port and is screwed with the second mounting port, one end of the connecting rod close to the suspended moxibustion body is configured for connecting the moxa stick, or an ash cover connected to the suspended moxibustion body and covering the combustion station. Wang teaches an analogous device to that of Gu (title) including a suspension moxibustion part (3) comprising a back cover (31), a middle cylinder (32), a combustion chamber (33), an ash pocket (34), the back cover is moveably connected to and covers one end of the middle cylinder (32), a through hole is provided on the back cover (31), the middle cylinder (32) is configured to receive an adjusting rod (35) in line with an axial direction of the middle cylinder (32), the combustion chamber (33) has a hollow cylindrical shape, one end of the combustion chamber (33) is moveably connected to the other end of the middle cylinder (32), the other end being movably attached to the ash pocket (34), the adjusting rod (35) extends through a hole in the back cover (31) into the middle cylinder (32) and the combustion chamber (33). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Gu to include the configuration of Wang to allow for adjustment of the moxa stick and collect the ash from the moxa as taught by Wang. It is asserted that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have used a threaded connection as an obvious matter of engineering design choice. This is especially true as one of ordinary skill in the art would have been reasonably apprised of the connection mechanism available.
Allowable Subject Matter
Claim 10 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art (see rejections above) fails to teach or fairly suggest the combination of elements in claim 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLYN E SMITH whose telephone number is (571)270-5845. The examiner can normally be reached Monday-Friday 9am-5pm.
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/KAITLYN E SMITH/Primary Examiner, Art Unit 3794