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 .
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-4, 6-8, 10, 12-13, are 15-17 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding the claim 1 limitation “each of the plurality of water guiding members comprising a first end passing through each of the plurality of water draining holes”:
(A) The breadth of the claims: claim 1 claims where a plurality of water guiding members in one-to-one correspondence with a plurality of water draining holes and where each of the plurality of water guiding members comprises a first end passing through each of the plurality of water draining holes;
(B) The nature of the invention: the invention describes where a plurality of water guiding members in one-to-one correspondence with a plurality of water draining holes and where each of the plurality of water guiding members comprises a first end, each first end passing through one of the plurality of water draining holes (see ¶5, Fig 2);
(D) The level of one of ordinary skill: one of ordinary skill in the art would not know how to make the invention with all of 1) a plurality of water guiding members in one-to-one correspondence with a plurality of water draining holes, 2) where each of the plurality of water guiding members comprises a first end, and 3) where each of the first ends passings through each of the plurality of water draining holes;
(E) The level of predictability in the art: the art would not know how to arrange the first ends to both conform to the specification and the claimed inventions;
(F) The amount of direction provided by the inventor: the inventor describes each first end passing through one water draining hole (see ¶5, Fig 2); the inventor does not provide direction as to how each first end passes through each water draining hole;
(G) The existence of working examples: the inventor describes working examples of where the each first end passing through one water draining hole (see ¶5, Fig 2); the inventor does not provide working examples of each first end passing through each water draining hole;
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure: the content of the disclosure would render undue experimentation necessary to determine how each first end could pass through each water draining hole without altering the principle of operation.
Regarding the claim 1 limitation “wherein the peripheral wall of each of the plurality of water guiding members comprises a rib, the rib extends along a length direction of each of the plurality of water guiding members”:
(A) The breadth of the claims: claim 1 claims where the rib extends along a length direction of each of the plurality of water guiding members;
(B) The nature of the invention: the invention describes where each peripheral wall comprises a rib and where each rib extends along a length direction of one of the plurality of water guiding members (see ¶30, Fig 2);
(D) The level of one of ordinary skill: one of ordinary skill in the art would not know how to make the invention with one rib extending along a length direction of each of the plurality of water guiding members;
(E) The level of predictability in the art: the art would not know how to arrange the rib along a length direction of each of the plurality of water guiding members to both conform to the specification and the claimed inventions;
(F) The amount of direction provided by the inventor: the inventor describes each rib along a length direction of one of the plurality of water guiding members (see ¶30, Fig 2); the inventor does not provide direction as to how the rib extends along a length direction of each of the plurality of water guiding members;
(G) The existence of working examples of each rib extending along a length direction of one of the plurality of water guiding members (see ¶30, Fig 2); the inventor does not provide working examples of the rib extends along a length direction of each of the plurality of water guiding members;
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure: the content of the disclosure would render undue experimentation necessary to determine how the rib could extend along a length direction of each of the plurality of water guiding members without altering the principle of operation.
Regarding the claim 1 limitation “each of the plurality of water draining holes is in a bottom wall of each of the plurality of water guiding recesses”:
(A) The breadth of the claims: claim 1 claims each water draining hole is in each of the water guiding recesses;
(B) The nature of the invention: the invention describes where each of the plurality of water draining holes is in a bottom wall of one of the plurality of water guiding recesses (¶43, Fig 2);
(D) The level of one of ordinary skill: one of ordinary skill in the art would not know how to make each of the plurality of water draining holes in a bottom wall of each of the plurality of water guiding recesses;
(E) The level of predictability in the art: the art would not know how to arrange each of the plurality of water draining holes in a bottom wall of each of the plurality of water guiding recesses to both conform to the specification and the claimed inventions;
(F) The amount of direction provided by the inventor: the inventor describes each of the plurality of water draining holes in a bottom wall of one of the plurality of water guiding recesses (see ¶43, Fig 2); the inventor does not provide direction as to how each of the plurality of water draining holes are in a bottom wall of each of the plurality of water guiding recesses;
(G) The existence of working examples of each of the plurality of water draining holes in a bottom wall of one of the plurality of water guiding recesses (see ¶43, Fig 2); the inventor does not provide working examples of each of the plurality of water draining holes in a bottom wall of each of the plurality of water guiding recesses;
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure: the content of the disclosure would render undue experimentation necessary to determine how each of the plurality of water draining holes could be in a bottom wall of each of the plurality of water guiding recesses without altering the principle of operation.
Claims 3-4 and 6-8 depend upon claim 1.
Regarding the claim 10 limitation “each of the plurality of water guiding members comprising a first end passing through each of the plurality of water draining holes”:
(A) The breadth of the claims: claim 10 claims where a plurality of water guiding members in one-to-one correspondence with a plurality of water draining holes and where each of the plurality of water guiding members comprises a first end passing through each of the plurality of water draining holes;
(B) The nature of the invention: the invention describes where a plurality of water guiding members in one-to-one correspondence with a plurality of water draining holes and where each of the plurality of water guiding members comprises a first end, each first end passing through one of the plurality of water draining holes (see ¶5, Fig 2);
(D) The level of one of ordinary skill: one of ordinary skill in the art would not know how to make the invention with all of 1) a plurality of water guiding members in one-to-one correspondence with a plurality of water draining holes, 2) where each of the plurality of water guiding members comprises a first end, and 3) where each of the first ends passings through each of the plurality of water draining holes;
(E) The level of predictability in the art: the art would not know how to arrange the first ends to both conform to the specification and the claimed inventions;
(F) The amount of direction provided by the inventor: the inventor describes each first end passing through one water draining hole (see ¶5, Fig 2); the inventor does not provide direction as to how each first end passes through each water draining hole;
(G) The existence of working examples: the inventor describes working examples of where the each first end passing through one water draining hole (see ¶5, Fig 2); the inventor does not provide working examples of each first end passing through each water draining hole;
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure: the content of the disclosure would render undue experimentation necessary to determine how each first end could pass through each water draining hole without altering the principle of operation.
Regarding the claim 10 limitation “wherein the peripheral wall of each of the plurality of water guiding members comprises a rib, the rib extends along a length direction of each of the plurality of water guiding members”:
(A) The breadth of the claims: claim 10 claims where the rib extends along a length direction of each of the plurality of water guiding members;
(B) The nature of the invention: the invention describes where each peripheral wall comprises a rib and where each rib extends along a length direction of one of the plurality of water guiding members (see ¶30, Fig 2);
(D) The level of one of ordinary skill: one of ordinary skill in the art would not know how to make the invention with one rib extending along a length direction of each of the plurality of water guiding members;
(E) The level of predictability in the art: the art would not know how to arrange the rib along a length direction of each of the plurality of water guiding members to both conform to the specification and the claimed inventions;
(F) The amount of direction provided by the inventor: the inventor describes each rib along a length direction of one of the plurality of water guiding members (see ¶30, Fig 2); the inventor does not provide direction as to how the rib extends along a length direction of each of the plurality of water guiding members;
(G) The existence of working examples of each rib extending along a length direction of one of the plurality of water guiding members (see ¶30, Fig 2); the inventor does not provide working examples of the rib extends along a length direction of each of the plurality of water guiding members;
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure: the content of the disclosure would render undue experimentation necessary to determine how the rib could extend along a length direction of each of the plurality of water guiding members without altering the principle of operation.
Regarding the claim 10 limitation “each of the plurality of water draining holes is in a bottom wall of each of the plurality of water guiding recesses”:
(A) The breadth of the claims: claim 10 claims each water draining hole is in each of the water guiding recesses;
(B) The nature of the invention: the invention describes where each of the plurality of water draining holes is in a bottom wall of one of the plurality of water guiding recesses (¶43, Fig 2);
(D) The level of one of ordinary skill: one of ordinary skill in the art would not know how to make each of the plurality of water draining holes in a bottom wall of each of the plurality of water guiding recesses;
(E) The level of predictability in the art: the art would not know how to arrange each of the plurality of water draining holes in a bottom wall of each of the plurality of water guiding recesses to both conform to the specification and the claimed inventions;
(F) The amount of direction provided by the inventor: the inventor describes each of the plurality of water draining holes in a bottom wall of one of the plurality of water guiding recesses (see ¶43, Fig 2); the inventor does not provide direction as to how each of the plurality of water draining holes are in a bottom wall of each of the plurality of water guiding recesses;
(G) The existence of working examples of each of the plurality of water draining holes in a bottom wall of one of the plurality of water guiding recesses (see ¶43, Fig 2); the inventor does not provide working examples of each of the plurality of water draining holes in a bottom wall of each of the plurality of water guiding recesses;
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure: the content of the disclosure would render undue experimentation necessary to determine how each of the plurality of water draining holes could be in a bottom wall of each of the plurality of water guiding recesses without altering the principle of operation.
Claims 12-13 and 15-17 depend upon claim 10.
Claim Rejections - 35 USC § 112(b)
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 4 and 13 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 4 recites “a plurality of ribs”. It is unclear if the ribs are the same or different than the claim 1 rib of each of the plurality of water guiding members.
Claim 4 recites “a plurality of water leakage slots”. It is unclear if the slots are the same or different than the claim 3 water leakage slot of the wall defining of each of the plurality of water guiding members.
Claim 13 recites “a plurality of ribs”. It is unclear if the ribs are the same or different than the claim 10 rib of each of the plurality of water guiding members.
Claim 13 recites “a plurality of water leakage slots”. It is unclear if the slots are the same or different than the claim 12 water leakage slot of the wall defining of each of the plurality of water guiding members.
Response to Arguments
The following is a response to Applicant’s arguments filed 15 Jul. 2025:
Applicant argues that the specification objections are overcome by amendment.
Examiner agrees and the objections are withdrawn.
Applicant argues that the 112b rejections are overcome by amendment.
Examiner agrees and the 112b rejections are withdrawn.
Applicant argues that Kim does not teach the limitation of “the bottom wall of each of the plurality of water guiding recesses is a part of a bottom wall of the water collecting tray, and is depressed relative to another part of the bottom wall of the water collecting tray”.
Examiner agrees. However the limitation is obvious in view of Harrel, Park, Dickison, and Kim, where Park teaches the bottom wall each of the plurality of water guiding recesses is a part of a bottom wall of the tray, and is depressed relative to another part of the bottom wall of the tray.
The water supply chamber 38 is a water collecting tray as the tray collects water then distributes the water onto water guiding members, similar to how Harrel and Park distributes water onto water guiding members.
Further, in response to applicant's argument that Kim does not teach the claimed features, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant argues that Park does not teach the ring holes arranged circumferentially.
Examiner agrees, however the modification of Harrel with Park would result in the claimed feature because Harrel teaches circumferential holes 170.
Further, in response to applicant's argument that Park does not teach circumferential holes, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant argues that the cited references are in different fields.
Examiner disagrees. The references are in the field of water distribution and water evaporation.
The claimed inventions are not enabled such that Examiner cannot determine the structure of the inventions. Therefore, a prior art rejection cannot be presented until the structure of the invention is clearly defined and enabled.
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 STEPHEN HOBSON whose telephone number is (571)272-9914. The examiner can normally be reached 9am-5pm.
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/STEPHEN HOBSON/Examiner, Art Unit 1776