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 .
Status of Claims
Currently claims 1-9 and 12-19 are pending, claims 1, 8, and 14 are amended, claims 10-11 and 20 are cancelled.
Drawings
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 threads between the mouthpiece and the second end of the tube 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.
Claim Rejections - 35 USC § 103
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.
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) 1-3, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over VanTiem (U.S. 2022/0026067) in view of Dunbar (U.S. 2022/0047898).
With respect to claims 1-2 VanTiem discloses a birthday cake blower device (figures 2-3, #100) for minimizing a spread of bacteria, pathogens, viruses and germs that cause infection, the birthday cake blower device comprising:
a body component comprising a tube (tube of 102), an enlarged circular base (base at 114), and a mouthpiece (130, 128);
wherein the enlarged circular base is secured to a first end of the tube (as seen in figures 2-5), and the mouthpiece is secured to a second end of the tube (as seen in figures 2-5);
a built-in filter positioned on the mouthpiece (as the filter of 110 is position on the mouthpiece at 128);
wherein the mouthpiece is threadedly attachable to the second end of the tube (as shown in figure 7, paragraph 0026)
the body component comprising handgrip component comprising a textured outer surface to facilitate gripping by a user (as seen being the outer surface of 102 where the user grips the device, see figures 1 and 2; understood having a surface and a texture and a user gripping the surface)
VanTiem fails to disclose an internal ultraviolet (UV) light.
Dunbar, abstract, discloses the use of an onboard UV light being used in a handheld device for treating air being used by a user, where the system can be activated by a button 144 or external system control via a communications interface as desired (paragraph 0061), the noted UV light helps reduce airflow pathogens such as viruses and bacteria (paragraph 0047).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further include a UV light as disclosed by Dunbar into the system of VanTiem, as this would allow the reduction of viruses, bacteria, and other airflow pathogens being blown out of the device, further assisting the filter already in VanTiem. Further noting Dunbar discloses an external button for switching on and off the light as desired.
With respect to claim 3, VanTiem discloses the built-in filter comprises an inlet and an outlet (see figure 3), and further wherein the inlet receives air through the built-in filter and the outlet is positioned in a direction of a plurality of candles on a birthday cake to be extinguished (as seen in figure 3).
With respect to claim 12 a VanTiem as modified discloses the birthday cake blower device is disposable and designed for a single use (being the intended use of the device, a user could throw it away when they are done as it is disposable).
With respect to claim 13, VanTiem as modified discloses the birthday cake blower device is a multi-use device (as this is the intended use of the device, and it can be used multiple times).
Claim(s) 14 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over VanTiem (U.S. 2022/0026067) in view of Dunbar (U.S. 2022/0047898) and Roccograndi (U.S. 2006/0093976).
With respect to claims 1-2 VanTiem discloses a birthday cake blower device (figures 2-3, #100) for minimizing a spread of bacteria, pathogens, viruses and germs that cause infection, the birthday cake blower device comprising:
a body component comprising a textured outer surface to facilitate gripping by a user (tube 102 outer surface, with a surface that is gripped, the texture being a material property of the tube itself)
a tube (tube of 102),
an enlarged circular base (base at 114), and
a mouthpiece (130, 128), wherein the enlarged circular base is secured to a first end of the tube (as seen in figures 2-5), and the mouthpiece is secured to a second end of the tube (as seen in figures 2-5);
a built-in filter positioned on the mouthpiece (as the filter of 110 is position on the mouthpiece at 128) wherein the inlet receives air through the built-in filter and said air is discharged through the outlet (see figures 2-5);
wherein the mouthpiece is threadedly attachable to the second end of the tube (as shown in figure 7, paragraph 0026).
VanTiem fails to disclose an internal ultraviolet (UV) light, the UV light is controlled via an external switch, or the body component is a flame resistant coated body component (disclosing various materials being used but none being coated materials).
Dunbar, abstract, discloses the use of an onboard UV light being used in a handheld device for treating air being used by a user, where the system can be activated by a button 144 or external system control via a communications interface as desired (paragraph 0061), the noted UV light helps reduce airflow pathogens such as viruses and bacteria (paragraph 0047).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further include a UV light as disclosed by Dunbar into the system of VanTiem, as this would allow the reduction of viruses, bacteria, and other airflow pathogens being blown out of the device, further assisting the filter already in VanTiem. Further noting Dunbar discloses an external button for switching on and off the light as desired.
Roccograndi, paragraph 0030, discloses coating the device with a fireproofing chemical to minimize danger inherent in bringing the device into close proximity to burning candles.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a fireproofing coating such as disclosed by Roccograndi into the system of VanTiem, to prevent the device from the dangers of bringing it into close proximity to burning candles.
With respect to claim 18, VanTiem as modified discloses the birthday cake blower device is disposable and designed for a single use (being the intended use of the device, a user could throw it away when they are done as it is disposable).
With respect to claim 19, VanTiem as modified discloses the birthday cake blower device is a multi-use device (as this is the intended use of the device, and it can be used multiple times).
Claim(s) 4-9 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over VanTiem and Dunbar as applied to claims 1 and with VanTiem, Dunbar, and Roccograndi in claim 14 above, and further in view of Gatling (U.S. 2011/0048748).
With respect to claims 4 and 15, VanTiem discloses the built-in-filter, but fails to disclose a sound generator positioned in front of the built-in filter for playing a song.
Gatling, figure 2, discloses a filter 110 with a sound generator 150 in front of it, allowing for a song to be played (paragraph 0021) such as happy birthday while blowing out candles.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a sound generator that plays a song such as disclosed by Gatling Infront of the filter of VanTiem, allowing for a desired song such as happy birthday to be played while blowing out birthday candles.
With respect to claims 5-9 and 16-17, VanTiem discloses the body, but fails to disclose the body component comprises indicia, the body component comprises a decorative cover, wherein the decorative cover and the body component share a similar shape, wherein the decorative cover is a plastic sleeve, wherein the decorative cover comprises indicia.
Gatling, figures 12-14, discloses a cover of the body 540, which is made from plastic (paragraph 0026), having a similar shape as the body in which it covers, includes indicia and is itself a decorative cover. Gatling discloses such a cover allows for a variety of themes and occasions to be celebrated and displayed on the cover to allow the device to be used for multiple occasions without buying a whole new device but rather changing the cover (paragraph 0026).
It would have been obvious to one having ordinary skill in the art before ethe effective filing date of the claimed invention to utilize the cover as shown by Gatling into the system of VanTiem, allowing their system to have a decorative cover with indica that can be interchanged and used for a variety of different occasions.
Response to Arguments/Amendments
The Amendment filed (11/19/2025) has been entered. Currently claims 1-9 and 12-19 are pending, claims 1, 8, and 14 are amended, claims 10-11 and 20 are cancelled. Applicants’ amendments to the claims have failed to overcome each and every rejection previously set forth in the Office Action dated (05/19/2025).
Applicant's arguments filed 11/19/2025 have been fully considered but they are not persuasive. Applicants’ arguments with regards to the mouthpiece being threadedly attachable to the end of the tube is shown in the prior art (see figure 7). Applicant further argues VanTiem fails to disclose a handgrip component and a textured outer surface to facilitate gripping by a user, examiner respectfully disagrees. Figure 1 discloses the user gripping the device at what is understood at the corresponding handgrip competent (being the textured outer surface of the middle portion) which allows the user to grip and hold the device. Paragraph 0052 discloses the use of plastic and metal being used, both of which by definition of textured, have some level of a textured surface. With respect to the flame resistant coating, please see above rejection as a reference was found utilizing such coating on devices coming into close contact with candles.
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 JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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, Arthur Hall can be reached at 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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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752