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 .
Response to Arguments
Applicant’s responses, see section “IN THE DRAWINGS” on page 6 of “REMARKS”, filed 02/02/2026, with respect to Drawings Objection have been fully considered and are PARTIALLY persuasive because there are no references numbers for the claimed features. See the Drawings Objection below.
Applicant’s responses, see section “Claim Objections” on page 7 of “REMARKS”, filed 02/02/2026, with respect to Claim Objections have been fully considered and are persuasive. The objection of claims 1, 3-6 and 8-9 has been withdrawn.
Applicant’s responses, see section “35 U.S.C. §112 (Second Paragraph)” on page 7 of “REMARKS”, filed 02/02/2026, with respect to Claim Rejections 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 have been fully considered and are persuasive. The rejection of claims 5 and 6 has been withdrawn.
Applicant’s arguments:
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Examiner’s responses: In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the aeration means comprising a body that forms two nozzles that extend from a lower portion that can be coupled to air propulsion means comprising a motor driven fan. each of the two nozzles having a final ending that is inclined with respect to a horizontal and vertical plane, such that an outlet flow exiting through the air outlet is oriented downward, wherein the hand dryer device is enabled for installing and positioning on a wall in the rear region of the casing) were not recited in the rejected independent claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). However, in this case, these new limitations are from the canceled limitations of the canceled dependent claims 5 and 9. Therefore, the references of Hsu, Tatsutani, Jarosch and De Barbeyrac still read on the amended claims.
In response to the applicant’s arguments about Jarosch reference, the applicant asserted that the entire teaching of Jarosch emphasizes adjustability and user control, not a fixed structural configuration. In this case, it should be noticed that the applicant argues about the limitations not found in the claims. There is no requirement in the claims that the nozzles are a fixed structural configuration. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Therefore, the applicant’s arguments are not persuasive. Moreover, the applicant argues “Jarosch is directed to shower stalls, not hand dryers, and provides no motivation to apply its adjustable spray nozzle technology to the entirely different technical field of hand drying devices.” In response to applicant's argument that Jarosch is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Jarosch recites “An assembly for efficiently supplying heated air to an enclosed area for drying the body of a person after bathing. …”, Abstract. Indeed, the body of the person includes hands of the person. Thus, Jarosch’s assembly supplies heated air to the enclosed area for drying the body of the person or the hands of the body of the person after bathing. Therefore, the reference of Jarosh is in the same field of endeavor. One of ordinary skill in the art would be motivated to modify the nozzles of Hsu with the nozzles of Jarosh for effectively blowing the water from the user’s hands away from the user’s body during a drying process. Thus, the applicant’s arguments are not persuasive. Furthermore, regarding to the applicant’s arguments about Tatsutani, the previous Office Action relies on Tatsutani to teach the limitation “detection means for detecting the presence of the hands of the user in the drying chamber” of the independent claim 1. Therefore, the applicant’s arguments are not persuasive.
Drawings
The drawings are objected to because there are no reference numbers for “WATER EVACUATION MEANS”, “WATER EVACUATION CONDUIT” and “AIR PROPULSION MEANS (MOTOR DRIVEN FAN)” (Figs. 9 & 10). 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.
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 “an electric motor” (claim 6) 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 Objections
Claims 1, 4 and 6 are objected to because of the following informalities:
Claim 1 recites the limitation “a horizontal and vertical plane” in lines 19-20. Please amend to --- horizontal and vertical planes ---.
Claim 4 recites the limitation “each outlet holes” in line 2. Please amend to --- each outlet hole ---.
Claim 4 recites the limitation “downwards” in line 3. Please amend to --- downward ---.
Claim 6 recites the limitation “a body” in line 2. Please amend to --- the body ---.
Claim 6 recites the limitation “a lower portion” in line 2. Please amend to --- the lower portion ---.
Claim 6 recites the limitation “a fan” in line 3. Please amend to --- the motor driven fan ---.
Claim 6 recites the limitation “a final ending” in line 4. Please amend to --- the final ending ---.
Claim 6 recites the limitation “horizontal and vertical planes” in lines 4-5. Please amend to --- the horizontal and vertical planes ---.
Claim 6 recites the limitation “an outlet” in line 5. Please amend to --- the outlet ---.
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.
Claims 1, 4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 2013/0042494) in view of Tatsutani et al. (US 5,459,944; hereinafter Tatsutani) and Jarosch (US 5,099,587).
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Regarding claims 1 & 6-7, Hsu discloses a hand dryer device (fig. 4, ref. figs. 1, 2) comprising:
a casing (10, fig. 4, ref. figs. 1, 2) defined by a front region (as shown in ANNOTATED fig. 4, ANNOTATED Ref. figs. 1, 2), a rear region (as shown in ANNOTATED Ref. fig. 1) and two lateral regions (left region, right region, ANNOTATED fig. 4, ANNOTATED Ref. figs. 1, 2),
a drying chamber (11, fig. 4, ref. figs. 1, 2) superiorly open formed in an upper portion of the an insertion of
aeration means (airflow guide or body, 15, ANNOTATED Ref. fig. 2, fig. 4) provided for orienting an air flow rate towards air outlets (15, fig. 4, Ref. fig. 2) located in an area of the drying chamber (11, fig. 4, ref. figs. 1, 2),
wherein the drying chamber (11, fig. 4, ref. figs. 1, 2) runs transversely from the front region (as shown in ANNOTATED fig. 4, ANNOTATED Ref. figs. 1, 2) to the rear region (as shown in ANNOTATED Ref. fig. 1) of the casing (10, fig. 4, ref. figs. 1, 2), said drying chamber (11, fig. 4, ref. figs. 1, 2) presenting a U-shaped general geometry (as shown in fig. 4) and the
wherein the air outlets (15, fig. 4, Ref. fig. 2) are located on faces of the two arms (left arm, right warm, ANNOTATED fig. 4) that extend in such a way that the air flow rate is laterally oriented towards the hands of the user, the aeration means (airflow guide or body, 15, ANNOTATED Ref. fig. 2, fig. 4) comprising a body (airflow guide or body, ANNOTATED Ref. fig. 2) that forms two nozzles (15, fig. 4, Ref. fig. 2) that extend from a lower portion (as shown in Ref. fig. 2) that can be coupled to air propulsion means (20, Ref. fig. 2) comprising a motor driven fan (Hsu recites “… the high-pressure airflow generation device 20 can be a blower to generate high-pressure airflow …”, [0018]; thus, the blower of Hsu inherently has a motor and a fan or motor driven fan in order to generate high-pressure airflow), each of the two nozzles (as shown in ANNOTATED Ref. fig. 2, fig. 4) having a final ending (ending at item 15, ANNOTATED Ref. fig. 2, fig. 4), wherein the hand dryer device (fig. 4, ref. figs. 1, 2) is enabled for installing and positioning on a wall in the rear region of the casing (the hand dryer device of Hsu is enable for installing and positioning on a wall in the rear region of the casing by screws, or brackets, or clamps, or hand dryer device holder(s), or glue, or epoxy, or etc. ...; furthermore, it is well-known in the art that the hand dryer device is enable for installing and positioning on a wall in the rear region of the casing as evidenced by Tatsutani, see Fig. 6, column 4, lines 42-58 of Tatsutani, and Liu et al. (US 2013/0232808), see Figs. 4, 5, [0028] of Liu et al.); (Application claim 1) and
wherein the aeration means (airflow guide or body, 15, ANNOTATED Ref. fig. 2, fig. 4) comprise a body (the body) (airflow guide or body, ANNOTATED Ref. fig. 2) that forms two nozzles (15, fig. 4, Ref. fig. 2) that extend from a lower portion (the lower portion) (as shown in Ref. fig. 2) that can be coupled to an electric motor that drives a fan (the motor driven fan) (Hsu recites “… the high-pressure airflow generation device 20 can be a blower to generate high-pressure airflow …”, [0018]; thus, the blower of Hsu inherently has a motor and a fan or motor driven fan in order to generate high-pressure airflow). (Application claim 6)
Hsu does not disclose detection means for detecting a presence of the hands of the user in the drying chamber; (Application claim 1) and
wherein the detection means comprise at least one infrared sensor located on the internal face of one of the arms. (Application claim 7)
Tatsutani teaches detection means (Tatsutani, 25, fig. 2) for detecting a presence of the hands of the user in the drying chamber (Tatsutani, 5, fig. 2); (Application claim 1) and
wherein the detection means (Tatsutani, 25, fig. 2) comprise at least one infrared sensor (Tatsutani, infrared light emitting elements, col. 5, lines 47-55) located on the internal face of one of the arms (Tatsutani, left arm, right arm, ANNOTATED fig. 2). (Application claim 7)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to modify the hand drying device of Hsu with the detection means for detecting a presence of the hands of the user in the drying chamber; (Application claim 1) and wherein the detection means comprise at least one infrared sensor located on the internal face of one of the arms (Application claim 7), as taught by Tatsutani, for providing an automatic operating hand drying device which would result in preventing the user’s hands from being contaminate by manually pressing an operating button of the hand drying device and thus a user’s satisfaction is promoted. Thus, the hand drying device is safety to use and thus benefits the consumer.
Furthermore, Hsu does not disclose each of the two nozzles having a final ending that is inclined with respect to a horizontal and vertical plane, such that an outlet flow exiting through the air outlet is oriented downward; (Application claim 1) and
each of the two nozzles having a final ending that is inclined with respect to planes, such that an outlet flow exiting through the air outlet is oriented downward and toward the rear region of the casing. (Application claim 6)
Jarosch teaches each of the two nozzles (Jarosch, 14, figs. 1, 13) having a final ending (Jarosch, ending at item 14c of item 14, figs. 1, 13) that is inclined (Jarosch, as shown in figs. 13, 1) with respect to a horizontal and vertical plane (horizontal and vertical planes ) (Jarosch, as shown in fig. 13), such that an outlet flow exiting through the air outlet (Jarosch, air outlets at item 14c of item 14, figs. 1, 13) is oriented downward (Jarosch, as shown in figs. 13, 1, the item 14 is inclined with respect to the horizontal plane; therefore, the outlet flow exiting through the air outlet at item 14c of item 14 would be oriented downward); (Application claim 1) and
each of the two nozzles (Jarosch, 14, figs. 1, 13) having a final ending (the final ending) (Jarosch, ending at item 14c of item 14, figs. 1, 13) that is inclined (Jarosch, as shown in figs. 13, 1) with respect to a horizontal and vertical planes (the horizontal and vertical planes) (Jarosch, as shown in figs. 13), such that an (the) outlet flow exiting through the air outlet (Jarosch, air outlets at item 14c of item 14, figs. 1, 13) is oriented downward (Jarosch, as shown in fig. 13) and toward the rear region (Jarosch, 11c, figs. 1, 13) of the casing (Jarosch, 11a, 11b, 11c, fig. 1) (Jarosch, as shown in figs. 13, 1, the item 14 is inclined with respect to the horizontal and vertical planes and is also rotatable 360 degree at item 14b; so, the item 14 can be configured to rotate toward the rear side 11c; therefore, the outlet flow exiting through the air outlet at item 14c of item 14 would be oriented downward and toward the rear side or region 11c). (Application claim 6)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to further modify the hand drying device of Hsu with each of the two nozzles having a final ending that is inclined with respect to a horizontal and vertical plane, such that an outlet flow exiting through the air outlet is oriented downward; (Application claim 1) and each of the two nozzles having a final ending that is inclined with respect to horizontal and vertical planes, such that an outlet flow exiting through the air outlet is oriented downward and toward the rear region of the casing (Application claim 6), as taught by Jarosch, for blowing water from the user’s hands away from the user’s body during a drying process which would result in preventing or minimizing the blew off water from wetting the user and thus a user’s satisfaction is promoted. Thus, the hand drying device is a more user-friendly and thus benefits the consumer.
Regarding claim 4, Hsu as modified discloses wherein the air outlets (15, fig. 4, Ref. fig. 2) are defined by two outlet holes (outlet holes of items 15, Ref. figs. 1, 2) facing each other (as shown fig. 4, Ref. figs. 1, 2), each the respective arm (as shown fig. 4, Ref. figs. 1, 2) and configured to orient the outlet flow downwards (after Jarosch taught above, each outlet hole would be configured to orient the outlet flow downwards).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu, Tatsutani and Jarosch as applied to claim 1 above, and further in view of De Barbeyrac et al. (WO 2013/114056 A1; hereinafter De Barbeyrac).
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Regarding claims 2 & 3, Hsu as modified discloses the limitations of the hand dryer device according to claim 1 above, but does not disclose further comprising a water evacuation means intended for evacuating water from the hands of the user; (Application claim 2) and
wherein the water evacuation means comprise a cage located on the rear region of the casing, which has a sunken section superiorly with a curved-concave shape having at its bottom at least one drainage outlet linked with a water evacuation conduit. (Application claim 3)
De Barbeyrac teaches a water evacuation means (De Barbeyrac, 7, 7a, fig. 3) intended for evacuating water from the hands of the user (De Barbeyrac, [0067]); (Application claim 2) and
wherein the water evacuation means (De Barbeyrac, 7, 7a, fig. 3) comprise a cage (De Barbeyrac, cage at item 7, fig. 3) located on the rear region of the casing (De Barbeyrac, outer housing or casing of item 2, figs. 1, 3), which has a sunken section (De Barbeyrac, 7, fig. 3) superiorly with a curved-concave shape (De Barbeyrac, as shown in fig. 3) having at its bottom at least one drainage outlet (De Barbeyrac, drainage outlet at bottom of item 7, ANNOTATED fig. 3) linked with a water evacuation conduit (De Barbeyrac, 7a, fig. 3). (Application claim 3)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to further modify the hand drying device of Hsu with the water evacuation means intended for evacuating water from the hands of the user; (Application claim 2) and wherein the water evacuation means comprise a cage located on the rear region of the casing, which has a sunken section superiorly with a curved-concave shape having at its bottom at least one drainage outlet linked with a water evacuation conduit (Application claim 3), as taught by De Barbeyrac, for collecting water droplets from the user’s hands during a drying process which would result in preventing or minimizing the water droplets from dropping on the floor. Consequently, the user is prevented from getting slippery. Thus, the hand drying device is further safety to use and thus benefits the consumer.
Conclusion
THIS ACTION IS MADE FINAL. 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 BAO D NGUYEN whose telephone number is (571)270-5141. The examiner can normally be reached Monday-Friday, 8:00am - 5:00pm EST.
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/BAO D NGUYEN/Patent Examiner, Art Unit 3762
/MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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