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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/12/2026 has been entered.
In the amendment filed on 01/12/26, applicants have amended claims 1-16 and added new claims 17-20. Amended claims have been examined as follow:
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 1-9 and 15-20 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.
In claim 1, line 5, the device lacks proper antecedent basis. For the purpose of examination, the phrase “the waterproofing/impregnation and drying device” is assumed.
In claim 4, line 4, the phrase “the air extractor” lacks proper antecedent basis. For the purpose of examination, the phrase in claim 1, line 5, the word “extractor” is replaced with “an air extractor” is assumed.
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.
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) Claim(s) 1-2, 4-9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over CN 1062374A in view of CN 203748930 and TW M364434 U.
As to claim 1, CN'374 teaches (see Figs 1-2 and English Translation pages 1-
17) a waterproofing/impregnation and drying device (1) for waterproofing/impregnating
and drying items (article 10, fabric article including shoes, see English Translation on page 8) wherein the waterproofing/impregnation and drying device comprises a closed chamber (housing 12) accessible through a door (16), one or more inlets (nozzles 3) for introducing waterproofing/impregnation fluid or mist into the chamber, an air supplier and an air extractor for supplying and extracting air to/from the chamber (recirculation fan assembly 32), an agitator (34 fan) for agitating the air inside the chamber (12) and where a drying device (a heating element) is provided comprising one or more heat generating units (heater 36), wherein the waterproofing/impregnation and drying device is configured to operate spraying/impregnating water-proof agent, and subsequent drying (see English Translation on page 6, for dying operated after applying charged liquid). CN'374 further teaches charged liquid comprises water and other agents (see claim 7) and drying period 10-180 minutes (10-15 minutes overlapping the claimed less than 15 minutes), but the device configured to operate for a total process for water-proofing/impregnation and drying of less than 10 minutes is not taught in CN’374. However, CN’930 teaches drying shoes with a UV dryer for 5-10 minutes for drying shoes (see para [0034]) TW”434 also teaches a leather substrate for shoes treated and dries for at least 3 minutes. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dry the substrate for less than 15 minutes in CN’374 as desired depending the types of the shoes material in order drying the fabric/material of the shoes does not damage the optimal temperature of the fabric as taught by CN’930 (see para [0034]).
As to claims 2 and 17, CN’374 teaches heat generating unit (36) capable of heating the air and/or the surface of the items arranged in the interior of the chamber (12) to a temperature above 50 (see for the overlapping temperatures of 50-100°C or 75-100°C in claim 8 for the article subjected to a temperature from about 20 degrees centigrade to about 100 degrees centigrade). In any event, CN'374 teaches a method including a drying step, wherein the treated article subjected to a temperature from about 20-100 degrees using a heat source (see claims 1, 8 and 9 and 14, the range comprises 50-100oC). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention was made to use one or more heat generating units (heater 36) configured to heat the air and/or the surface of the items arranged in the interior of the chamber (12) to a temperature from 50-100oC in CN'374 to dry the treated fabric article as desired, depending the type of material capable of withstanding a temperature of about 100oC, see English Translation on page 7).
Regarding claim 4, in CN'374 the heat generating unit (836) and means (32) for
supplying air to the chamber (2), agitating the air inside the chamber (2) and extracting the air from the chamber (2) is a single unit (see Fig 1).
As to claim 5, in CN'374 the single unit is an air conditioning unit (air recirculation
device).
Regarding claim 6, CN'374 teaches electrical means (controller 57) configured to
control the device (1) and thereby controlling the heat generating units (36) and the means (32) for supplying air to the chamber, agitating the air inside the chamber (12) and extracting the air (fan 34).
As to claim 7, in CN'374 the electrical means (controller 57) is remotely, either
wirelessly or cabled, controllable by a remote device, such as a phone, a tablet, a
computer, a cash register and the like ("active" controller is that the controller can read
the input and delivers feedback to the control device and the device according to the
received feedback value to be adjusted, see English Translation pages 14-15).
Regarding claim 8, CN'374 teaches the heat generating units (36) configured to
be controlled individually by the electronic display and input device or by remote control
of the electrical means ("active" controller is that the controller can read the input and
delivers feedback to the control device and the device according to the received
feedback value to be adjusted, see English Translation pages 14-15).
As to claim 9, CN'374 teaches the inlets (10) for introducing waterproofing/impregnation fluid into the chamber is controlled by the electronic display
and input device (61) or by remote control of the electrical means (see English
Translation pages 14-15 for "active" controller is that the controller can read the input
and delivers feedback to the control device and the device according to the received
feedback value to be adjusted).
Claim(s) 1, 3, 6-9, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over CN105142452A in view of RU 2684085 C1, CN203748930, CN 1062374A and TW M364434 U.
As to claim 1, CN'452 teaches (see Figs 1-3 and English Translation) a
waterproofing/impregnation and drying device (1) for waterproofing/impregnating and
drying items (shoes 10) wherein the waterproofing/impregnation and drying device
comprises a closed chamber (20) accessible through a door (31), one or more inlets
(nozzles 26,27,28 and 29) for introducing waterproofing/impregnation fluid or mist into
the chamber (20), an air extractor to/from the chamber (extraction unit 50) and a drying device comprising one or more heat generating units (UV lamp) for drying, wherein the waterproofing/impregnation and drying device is configured to operate spraying /impregnating water-proof agent routine and subsequent drying (see claims 12-13). CN'452 lacks specifically teaching the device using a water-based fluid, the device configured to operate for a total process for water-proofing/impregnation and drying of less than 15 minutes, an air supplier to the chamber and an agitator for agitating the air inside the chamber, although the extraction chamber is capable of agitating the air inside the chamber. In any event, RU'085 teaches (see Figs 1-2) means (hot air outlet 9) for supplying and extracting air to/from the chamber (see Fig 2), an agitator (device for pumping pressure 8) for agitating the air inside the chamber and a drying device (a heating element) comprising one or more heat generating units (IR heater, see para [0053]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include hot air supply and an agitator in CN'452 to minimize the amount of particles of the impregnating agent that enters the environment during processing as taught by RU'085 (see English Translation on para [0029]). As to the impregnating material being a water-based fluid, CN'374 further teaches charged liquid comprises water and other agents (see claim 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a water-based fluid in CN’452 to minimize shrinkage by applying proper amount of water vapor (see English Translation on pages 14-15). With respect to drying of less than 15 minutes, CN'374 teaches charged liquid comprises water and other agents (see claim 7) and drying period 10-180 minutes (10-15 minutes overlapping the claimed less than 15 minutes). CN’930 also teaches drying shoes with a UV dryer for 5-10 minutes for drying shoes (see para [0034]). TW’434 also teaches a leather substrate for shoes treated and dries for at least 3 minutes. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dry the substrate for less than 15 minutes in CN’452 as desired depending the types of the shoes material in order drying the fabric/material of the shoes does not damage the optimal temperature of the fabric as taught by CN’930 (see para [0034]).
As to claims 2 and 17, CN'452 lacks specifically teaching the heating element heating the air and the surface of the shoes to a temperature above 50 degrees. CN’374 teaches heat generating unit (36) capable of heating the air and/or the surface of the items arranged in the interior of the chamber (12) to a temperature above 50 (see for the overlapping temperatures of 50-100°C or 75-100°C in claim 8 for the article subjected to a temperature from about 20 degrees centigrade to about 100 degrees centigrade). CN'930 also teaches a heater heating the shoe at 55 degrees centigrade. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to heating the item to above 50 degrees (55 degrees) in CN'452 as modified for warm-keeping, deodorizing and sterilizing efficacy as taught by CN'930 (see para [0034]).
As to claim 3, in CN'452 the heat generating unit (6) is an infrared light emitting
unit, an ultraviolet light emitting unit, a microwave unit, an electrical heater, a fluorescent
tube, a heat pump or any combination thereof (see claims 12-13 for UV lamp).
Regarding claim 6, CN'452 as modified teaches electrical means (computer) configured to control the device (1) and thereby capable of controlling the heat generating units (UV lamp) and the extraction chamber/unit 50 (see claims 10-14 for a communication device communicating with a remote computer server controlling the impregnating device).
As to claim 7, CN'452 teaches the electrical means is remotely, either wirelessly or cabled, controllable by a remote device, such as a phone, a tablet, a computer, a
cash register and the like (see claims 10-14 for a communication device communicating
with a remote computer server controlling the impregnating device).
Regarding claim 8, in CN'452 heat generating units (UV lamp) are configured to
be controlled individually by the electronic display and input device or by remote control
of the electrical means (see claims 11-14 for preprogrammed control unit, communication devices of the remote computer server communication controlling the
impregnating device).
As to claim 9, in CN'452 the inlets (nozzles 26,27,28 and 29) for introducing
waterproofing/impregnation fluid into the chamber is controlled by the electronic display and input device or by remote control of the electrical means (see claims 11-14 for preprogrammed control unit controlling the nozzle, communication devices of the
remote computer server communication controlling the impregnating device).
Regarding claims 19-20 CN’452 teaches the one or more inlets comprises at least one movable nozzle (see claim 4).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over CN 1062374A in view of CN 203748930 and TW M364434 U as applied to claim 1 and further in view of KR 102230674 B1 and CN 109203743.
CN'374 lacks teaching an impregnation and drying device configured to heat the
fabric to a temperature above 100 or 150 degrees. KR’674 teaches direct heating of various types of shoes more than 100 degrees causing the deformation of shoes (see page 2 under Background). However, CN’743 teaches in treating shoes to different temperatures drying under the temperature of 150-160 degrees centigrade, wherein the shoes are manufactured with three-dimensionally patten layer method, wherein water-based (aqueous) coating applied and dried (see English Translation claims 1-3, specifically claim 3 for the temperature of 150-160 degrees centigrade). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to heat the fabric to a temperature above 100 or 150 degrees in CN'374 depending the type of shoes treated, having strong stereoscopic vision effect but also has the function of light and buffer protection (see Abstract).
Claim(s) 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over CN105142452A in view of RU 2684085 C1, CN203748930, CN 1062374A and TW M364434 U as applied to claim 1 and further in view of KR 102230674 B1 and CN 109203743.
CN'452 lacks teaching an impregnation and drying device configured to heat the
fabric to a temperature above 100 or 150 degrees. KR’674 teaches direct heating of various types of shoes more than 100 degrees causing the deformation of shoes (see page 2 under Background). However, CN’743 teaches in treating shoes to different temperatures drying under the temperature of 150-160 degrees centigrade, wherein the shoes are manufactured with three-dimensionally patten layer method, wherein water-based (aqueous) coating applied and dried (see English Translation claims 1-3, specifically claim 3 for the temperature of 150-160 degrees centigrade). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to heat the fabric to a temperature above 100 or 150 degrees in CN'452 depending the type of shoes treated, having strong stereoscopic vision effect but also has the function of light and buffer protection (see Abstract).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over CN105142452A in view of RU 2684085 C1, CN203748930, CN 1062374A and TW M364434 U as applied to claim 1 and further in view of as applied to claim 1 and further in view of GB 2125319A.
CN’452 lacks teaching the device comprises at least one rotatable shelf configured to rotate the shoes. However, it is known in the art to rotate shoes article relative the treatment device as taught by GB’319 (see Fig 3 and page 2, lines 92-105 for the rotating device 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include at least one rotatable shelf in CN’452 to evenly distribute the coating material onto the shoe article.
Applicant’s arguments 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YEWEBDAR T TADESSE whose telephone number is (571)272-1238. The examiner can normally be reached 7.00-3:30 PM.
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YEWEBDAR T. TADESSE
Primary Examiner
Art Unit 1717
/YEWEBDAR T TADESSE/