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 .
Specification
The disclosure is objected to because of the following informalities:
[0114] of instant publication application recites “32—the sensor of the liquid (f) to be evaporated” should be changed to “32—a liquid sensor” because liquid sensor is the standard, technical terminology for a device that detect, monitor or measure the level of liquid.
Appropriate correction is required.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
“a sensor of the liquid” (claim 1 at lines 35 and 39) should be changed to “a liquid sensor” because liquid sensor is the standard, technical terminology for a device that detect, monitor or measure the level of liquid.
“the needle-type tube” (claim 8) should be changed to “the needle-like tube” to be consistent with “the needle-like tube” in claim 1.
“the four electrical heating elements (3), in particular, their main coils” (claim 3) should be changed to “the four electrical heating elements (3), and their main coils”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a transistor module (28) for controlling the evaporator” in claim 1 at line 32.
“a transistor unit (29) for controlling the pump” in claim 1 at line 33.
“a transistor unit (30) for controlling the air turbine” in claim 1 at line 34
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
“a transistor module” (claim 1) is interpreted as “[0110] of instant publication application 28—the transistor module (for example, a MOSFET module)”.
“a transistor unit (29)” (claim 1 at line 33) is interpreted as “[0111] 29—the transistor unit (for example, a MOSFET module) for controlling the pump 5”.
“a transistor unit (30)” (claim 1 at line 35) is interpreted as “[0112] 30—the transistor unit (for example, a MOSFET module) for controlling the air blower 34”.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 12 is 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.
Claim 12 recites “it comprises an exhaust” at line 1. It is unclear what “it” refers to.
Examiner’s Remark
(1) The closest prior arts are: Sugimoto (CN 1087738 A), Lombardo (WO 2017179080 A1), Gotoh (US 20160113062), Jackson et al. (US 2002/0113058), Kohl et al. (US 10,780,762), Vandoninck (US 20100133354).
(2) Sugimoto discloses a fog generator (1) comprising at least one evaporator (148) that is configured to evaporate a liquid ([0137], i.e., A storage container 142 for storing the liquid that generates smoke is disposed inside the main body of the smoke generator 104) and formed by “at least one electrical heating element” (148) that contacts with the liquid ([0137], i.e., The smoke-generating substance drawn from the storage container 142 by the fluid supply pump 149 is sprayed into a heating zone 147 consisting of a suitable heating component 146 (e.g., a ceramic heater)) to be evaporated, and having “a power supply” ([0142], i.e., when the power is turned on. It is inherently and necessarily there is a power supply connected thereto in order to operate the device) connected thereto, a main reservoir (4) for the liquid to be evaporated, a pump (fig.8, 149 and [0137]]) that is connected to “the main reservoir” (142) and to the evaporator (148) so as to pump the liquid to be evaporated from the main reservoir (142) to the evaporator (148), a
However, Sugimoto is silent regarding a switching connector for connecting to other external electronic devices, wherein the at least one electrical heating element is formed as at least one main coil made of a metal wire, the coil is winded with an additional winding made of an additional metal wire, and the electrical heating element formed by the metal wire and the additional metal wire in the form of the main coil having the additional winding is thermally treated, and a silica wrapping that is made of a fireproof silica filament is arranged around rounds of the coil having the additional winding, furthermore, the evaporator comprises a needle-like tube for supplying the liquid to be evaporated, the needle-like tube is cylindrically shaped and comprises a clogged hole on one side and an open hole on another side, and the needle-like tube comprises transverse slots, and a total sum of areas of all transverse slots equals to an area of the open hole of the needle-like tube, while a portion of the needle-like tube (11) is inserted inside the main coil of the electrical heating element with that portion of the needle-like tube which has the transverse slots and the clogged hole, furthermore, the fog generator comprises a general line having an inner pathway hole for supplying the liquid to be evaporated, and the needle-like tube is inserted with its side provided with the open hole into the general line in such a way that the open hole of the needle-like tube is connected to the inner pathway hole of the general line, and an inlet of the pathway hole of the general line is connected to the pump, furthermore, an additional reservoir for a remainder of the liquid to be evaporated is mounted under the evaporator and over the main reservoir, the additional reservoir is connected to the pump, and the additional reservoir and the main reservoir are connected between each other by their own corresponding holes, while a tube that is connected to the additional reservoir is mounted inside the main reservoir, furthermore, an air turbine is mounted in front of the electrical heating element of the evaporator, furthermore, the programmable electronic control unit comprises: a microcontroller having an uploaded and installed software in a form of a data and source codes, a transistor module for controlling the evaporator powering and operation, a transistor unit for controlling the pump powering and operation, a transistor unit for controlling the air turbine powering and operation; and the fog generator comprises a fog sensor and a sensor of the liquid to be evaporated, while the evaporator comprises a temperature sensor, and the microcontroller has established connections to the evaporator via the transistor module, to the pump via the transistor unit, to the air turbine via the transistor unit, to the fog sensor, to the sensor of the liquid to be evaporated and to the temperature sensor of the evaporator.
(3) Lombardo discloses a fog generator (abstract, i.e., a device for generating fog (1)) comprising at least one evaporator (abstract, i.e., at least one heat exchanger (10) electrically heated to be able to vaporize at least one pressurized fluid) that is configured to evaporate a liquid (on page 1, i.e., a heat exchanger to allow taking to the vapour phase the liquid contained in the tank) and formed by at least one electrical heating element (abstract, i.e., tubular elements in contact with the pressurized fluid, each tubular element being subjected to an electric potential difference to thermally control the pressurized fluid before and during the vaporizing step of the pressurized fluid. An operating method to allow optimizing heating times and maximizing thermal power transferred to a fluid of a device for generating fog (1)) that contacts with the liquid to be evaporated, and having “a power supply” (60) connected thereto,
a main reservoir (at least one tank 30) for the liquid to be evaporated, a pump (pressurizing means 20 comprising a pump) that is connected to the main reservoir (4) and to the evaporator (2) so as to pump the liquid to be evaporated from the main reservoir (30) to the evaporator (abstract, i.e., tubular elements), a programmable electronic control unit (at least one electronic unit 40) having a power connector (it is inherently and necessarily that the processor unit have a connector in order to connect the electrical line to another device); wherein the at least one electrical heating element is formed as at least one main coil made of a metal wire; the coil is winded with an additional winding made of an additional metal wire, and the electrical heating element formed by the metal wire and the additional metal wire in the form of the main coil having the additional winding is thermally treated (on page 4, i.e., portions111, 121 operating as resistor, and in series through the portions 112, 122 operating as fluid super-heater. Examiner noted that the coil can be divided into multiple segments and each segment of the coil can be additional winding. Examiner also takes official notice that the wire can be metal resistor which is well known in the art and the use of metal as resistor is used to control electrical current with high precision and stability). However, Sugimoto is silent regarding the rest of claim 1 limitations.
(4) Gotoh teaches “a silica wrapping that is made of
(5) Jackson et al. teaches the material of silica is “a fireproof silica filament” ([0011-0014], i.e., 65 to 98 weight percent fumed silica. [0014], i.e., 1 to 15 weight percent reinforcing filaments).
(6) Kohl et al. teaches furthermore, the evaporator (1) comprises a needle-like tube (23) for supplying the liquid (The coolant-based heating device is not very spontaneous and efficient in its heating effect, because the electrical energy is first used to heat up the fluid, for example, in a small water circuit. In a separate coolant/air heat exchanger, like in a motor vehicle with an internal combustion engine, the heated fluid or water is used) to be evaporated, the needle-like tube is cylindrically shaped and comprises a clogged hole (3) on one side and an open hole (4) on another side, and the needle-like tube (23).
(7) Vandoninck teaches a fog generator includes “an evaporator” (b) comprises “a temperature sensor” (f).
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 1-11 and 13 are allowed.
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761