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 Amendment
Applicant’s submission of a response was received on 11 March 2026. Presently, claims 1-4, 7-8, 10-12, 14, 16-17, 20-24, and 32-33 are pending.
The previous objections to the specification, drawings, and/or claims are withdrawn as moot in light of corrections made by Applicant.
Response to Arguments
In the Remarks filed 11 March 2026, Applicant states, with regard to the rejection over Sheng, that Sheng fails to teacht he limitations of claim 1, as amended. No specific fault is pointed out. This conclusory statement is not persuasive. More information si included in the rejection below. Notably, the “volume” is now defined as the interior of 18 only.
Rejections over Tomono, Tawaki, and Stanifort are withdrawn because Applicant’s argument regarding the claims, as amended, is persuasive.
Claim Interpretation
No claim limitations are interpreted under 112(f).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
[AltContent: textbox (leg)]Claims 1-2, 7, 20, and 22-24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sheng (US 2022/0003371).
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[AltContent: textbox (central air passage)]
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Regarding claim 1, Sheng discloses:
A humidifier apparatus comprising:
a centerpiece (inner cylinder cover 18) being tubular and defining part of a volume (interior of 18 and recess between top of 18 and top of 2) forming a central air passage (see annotated portion of Fig 1 above, the central air passage includes the interior of 18 as well as the recessed area between the top of 2 and the top of 18 up to the dashed lines at flame outlet 5) of the humidifier apparatus,
at least one reservoir (water storage tank 7, see Fig 1, ¶46) configured for holding a liquid and located outside of the volume,
at least one device (ultrasonic atomization sheet 9, ¶50) for creating vapour from the liquid,
at least one ventilator (ventilator 14 in Fig 1, ¶49) for causing a movement of the vapour having exited the at least one reservoir toward the at least one opening, and
at least one light source (light source 17, ¶48) to project light on the movement of vapour, the at least one light source being within the volume (light 17 is inside cylinder 18) and positioned relative to the vapour exiting the reservoir for rays of light emitted by the at least one light source (17) to cross the vapour exiting the at least one opening (at 5) into the central air passage (when the vapor exits at 5, it is above the cylinder 18, and thus illuminated by light 17. ¶45 “light emission direction thereof is toward the flame outlet 5, and the light beam radiates from the flame outlet 5, such that the light beam from the light emitting mechanism radiates on the mist emitted from the flame outlet 5, and the refraction of the light beam off the mist forms a dynamic flame 6.”).
Regarding claim 2, Sheng discloses:
the at least one reservoir includes a first reservoir defined by a first reservoir compartment (interior of 2, 7, and 8) being annular and surrounding the volume (interior of 18).
Regarding claim 7, Sheng discloses:
the centerpiece defines a chimney (at barrel cover 18) configured to direct vapour exiting the reservoir upwardly (vapour passes between outer cover 2 and inner barrel cover 18).
Regarding claim 20, Sheng discloses:
the device for creating vapour is an ultrasound device (10, ¶50).
Regarding claim 22, Sheng discloses:
the ultrasound device is the only device for creating vapour in the humidifier apparatus (see Fig 1).
Regarding claim 23, Sheng discloses:
a controller (10) for controlling a projection of light by the at least one light source (¶45 “an electric control board 10 connected to the light emitting mechanism”).
Regarding claim 24, Sheng discloses:
at least one leg (see annotated Fig 1) supporting a remainder of the humidifier apparatus from a ground or support surface.
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 21 is rejected under 35 U.S.C. 103 as being unpatentable over Sheng (US 2022/0003371) in view of Tawaki (JP H02238237 A).
Regarding claim 21, Sheng does not disclose:
the device for creating vapour includes a heating element to pre-heat the water.
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Tawaki teaches a humidifier with a heater 12 and an ultrasonic device 3 for creating vapour. The heater sterilizes the water to eliminate micro-organisms (see last paragraph before ¶2).
COMBINATION
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the humidifier of Sheng to include a preheater, as taught by Tawaki, to sterilize the water.
Allowable Subject Matter
Claims 32 and 33 are allowed.
Claims 3-4, 8, 10-12, 14, and 16-17 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.
Regarding claim 3, Sheng does not teach “at least one ventilator in the volume configured to cause a generally upward air flow in the volume.” Although the fan protrudes into 15, 15 can no longer be considered part of the central air passage together with 18 because air cannot pass directly from 15 to 18. Similarly, Sheng does not teach the limitations of claim 10.
Claim 32 is allowable over the prior art for the same reasons as claim 3.
Regarding claim 8, Sheng teaches away from “the centerpiece has a cylindrical tubular portion and/or an inverted frusto conical tubular portion flaring upwardly.” Sheng teaches “an inner barrel cover 18 used to converge light beams from the light source; the inner barrel cover 18 gradually tapers in the direction of the flame outlet 5” (¶48).
Claim 33 is allowable for the same reasons as claim 8.
Regarding claim 11, Sheng does not disclose:
a second reservoir defined by a second reservoir compartment being annular and surrounding the volume.
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 TOPAZ L. ELLIOTT whose telephone number is (571)270-5851. The examiner can normally be reached Monday-Friday 9 a.m. - 4 p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571)270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761
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