DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/26/2026 has been entered.
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.
Claim(s) 1-2 and 4-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sasabe (JP 2008018130).
Regarding claim 1, Sasabe discloses a mist device for use in water section equipment, the mist device comprising:
a mist generation unit (Examiner’s Annotated Figure 1) that generates mist from stored water (Paragraphs 32-33), and a mist supply unit (Examiner’s Annotated Figure 2) that supplies the mist generated by the mist generation unit to a retaining part (51) that forms a retaining space (S) having an upper part opened (Figure 4, the open top is covered by a lid 52 that has a hole receiving a head; The hole must be opened to prevent suffocation of a user), wherein the mist supplied from the mist supply unit is retained in the retaining space (Paragraph 42, the mist is released to the sauna space, where it is diffused), wherein the mist generation unit comprises a mist supply flow rate decrease suppression part (4) that suppresses a decrease in amount of mist generated (By admission of Applicant, heating of the water suppresses a decrease in the amount of mist generated),
wherein the mist generation unit comprises a water storage part (6, 21) that stores water (Paragraph 28), and an ultrasonic vibrator (24) that is directly exposed to the stored water and directly oscillates ultrasonic waves to the water to generate mist (Paragraphs 28 and 33, the resin member of the vibrator is directly exposed to the stored water; The ultrasonic wave generated by the transducer of the vibrator is issued through the propagation liquid and resin of the vibrator to the stored water to generate mist),
wherein the water storage part is divided by a wall part (Examiner’s Annotated Figure 2) into a mist generation side part (23), where the ultrasonic vibrator is disposed (Examiner’s Annotated Figure 2), and a water supply part (6) to which a water supply passage (5) is connected (Figure 1), and
wherein the mist generation side part is in fluid communication with the supply side part through an opening (opening within the wall), but fails to disclose the opening provided below the wall part, positioned beneath a water level in the water storage part.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sasabe to include the opening positioned as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Placement of the opening, whether in the wall, potentially about the junction of passage 22, or at another location does not change the function of the device, as the component will still perform the function of supplying fluid to the chamber for discharge. Further, it appears the device will perform equally well, with the inlet located as currently constructed.
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Examiner’s Annotated Figure 1
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Examiner’s Annotated Figure 2
Regarding claim 2, Sasabe discloses the mist device according to claim 1, wherein the mist generation unit comprises a heater (4) that functions as the mist supply flow rate decrease suppression part to suppress a drop in temperature of the water in the water storage part (Paragraphs 32-33).
Regarding claim 4, Sasabe discloses the mist device according to claim 1, wherein the wall part of the mist generation unit is provided at a position at which a volume of water in the mist generation side part is larger than a volume of water in the water supply side part, when the water level in the water storage part is at a water supply prescribed water level (Figure 3 depicts the claimed structure).
Regarding claims 5-6, Sasabe discloses the mist device according to claim 2, but fails to disclose wherein the heater of the mist generation unit is provided in at least the mist generation side part, or as to claim 6 wherein the heater of the mist generation unit extends from the mist generation side part to the water supply side part.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the heater as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 7, Sasabe discloses the mist device according to claim 5, but fails to disclose wherein a plurality of ultrasonic vibrators are arranged.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of ultrasonic vibrators since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis, 193 USPQ 8.
Sasabe discloses a device wherein the heater extends in an arrangement direction of the plurality of ultrasonic vibrators (Figures 3 and 4, the vibrator extends vertically, similar to the heater).
Regarding claim 8, Sasabe discloses the mist device according to claim 1, wherein the mist generation unit comprises the wall part (Examiner’s Annotated Figure 2) provided between the mist generation side part in which the ultrasonic vibrator (24) is disposed in the water storage part (6, 21) and the water supply side part (6, 5) in which the water supply device (6) that supplies water into the water storage part is disposed (Paragraph 29), the wall part being configured to communicate water between the mist generation side part and the water supply side part (Water is communicated through the opening of the wall part), the wall part functioning as the mist supply flow rate decrease suppression part (The widening of the space in which the water enters provides for a decrease in flow rate), the wall part being formed so that rippling due to the water supplied to the water supply side part is less likely to be transmitted to the mist generation side part (The widening of the opening into which the water is supplied provides for a decrease in rippling/turbulence, and therefore minimizes chances of transfer to generation part).
Regarding claim 9, Sasabe discloses a water section equipment comprising: the mist device according to claim 1 (See claim 1), and the retaining part that forms the retaining space accepting mist supplied from the mist supply unit of the mist device (Paragraph 42).
Regarding claim 10, Sasabe discloses the mist device according to claim 1, further comprising: a water supply valve (29) that controls supply and stop of water to the water storage part (Paragraph 35, water is supplied through the electromagnetic valve to the heater, and into the water storage part), and
a controller (28) that controls the water supply valve (29) (Paragraphs 29-30) and the ultrasonic vibrator (Paragraphs 19 and 32-33, The float switch alerts the atomizer that the water level is at an appropriate level for atomization, which starts the atomizer), wherein the mist generation unit includes an overflow portion, (22) the overflow portion further functions as the mist supply flow rate decrease suppression part (The overflow portion supplies water to the heater for heating, which functions as the suppression part), and the controller controls the water supply valve so that water introduced through the water supply valve flows out from the overflow portion, to thereby set a water level in the water storage part to an overflow water level (Paragraph 29).
Regarding claim 11, Sasabe discloses the mist device according to claim 10, wherein the controller (28) maintains the water level in the water storage part at the overflow water level for a predetermined period of time, by keeping water flowing out from the overflow portion for the predetermined period of time, in a state where the ultrasonic vibrator is operated to generate mist in the mist generation unit (Paragraph 29).
Regarding claim 12, Sasabe discloses the mist device according to claim 10, wherein the controller opens the water supply valve, to control water to flow out from the overflow portion, at a time of activation of the ultrasonic vibrator, or before the activation of the ultrasonic vibrator (Paragraph 29).
Regarding claim 13, Sasabe discloses the mist device according to claim 10, wherein the controller is configured to execute overflow control to keep water flowing out from the overflow portion, and maintenance control to maintain the water level in the water storage part in a predetermined range from the overflow water level to a water level less than the overflow level, and the controller executes the overflow control for a predetermined period of time in a state where the ultrasonic vibrator is operated, and then executes the maintenance control (Paragraph 29, the controller opens the valve for a period of time necessary to discharge water above a particular level which Examiner interprets as overflow control, and closes the valve when the water is within a desired range, which Examiner interprets as maintenance control).
Regarding claim 14, Sasabe discloses the mist device according to claim 13, but fails to disclose the device including a water level sensor and a controller. Examiner interprets the water level sensor as the controller, and there is no controller that controls the water level sensor. It appears the device would perform equally well as put forth by Sasabe, or with the inclusion of a controller connected to the sensor, and components controlled by the sensor. Therefore, it would have been an obvious matter of design choice to further provide a controller, as Applicant has not disclosed that the further inclusion of a controller performs a critical function, and it appears the device would perform equally well whether the device includes a float switch alone or a float switch and controller.
Modified Sasabe discloses a device further comprising: a water level sensor that detects the water level in the water storage part, wherein in the maintenance control, the controller opens the water supply valve for a predetermined time, to raise the water level in the water storage part, when the water level sensor detects that the water level in the water storage part lowers to a predetermined water level (Paragraph 29).
Regarding claim 15, Sasabe discloses the mist device according to claim 10, wherein the controller is configured to set a preparation mode, and when the preparation mode is set, the controller opens the water supply valve in a state where the ultrasonic vibrator is not operated, controls water to flow out from the overflow portion and sets the water level in the water storage part to the overflow water level (Paragraph 29).
Regarding claim 16, Sasabe discloses a mist generation system comprising:
the mist device according to claim 10, and water section equipment including a retaining space (S) in which mist discharged from the mist device is retained (Paragraph 42).
Response to Arguments
Applicant's arguments filed 1/26/2026 have been fully considered but they are not persuasive.
As to Applicant’s position that the position of the opening is a critical element, Examiner disagrees. As highlighted by Applicant, the test is whether a proposed modification would make the prior art unsatisfactory for its intended purpose. Applicant provides no evidence of such. Applicant highlights that changing of the position of the opening will affect the amount of mist generated. This is not equivalent to being unsatisfactory for an intended purpose. While the device may not operate at optimal capacity, the device will still operate satisfactory for the purpose of generating mist. As such, the proposed modification does not render the device unsatisfactory for its intended purpose.
As to Applicant’s position that the mist is not retained in the sauna space, see the interpretation above.
As to Applicant’s position that the vibrator is not directly exposed to the stored water, as interpreted, the water is exposed to the resin portion of the vibrator.
Allowable Subject Matter
Claims 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. 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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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752