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 .
Claim Objections
Claims 1-14 are objected to because of the following informalities:
Claim 1 recites the limitation “the air” in line 2. Please amend to --- an air ---.
Claims 2-9 recite the limitation “Water ion generation device” in line 1. Please amend to --- The water ion generation device ---.
Claim 10 recites the limitation “a water ion generation device” in lines 1-2. Please amend to --- the water ion generation device ---.
Claims 11-14 recite the limitation “Personal care appliance” in line 1. Please amend to --- The personal care appliance ---.
Claim 12 recites the limitation “an absorption threshold” in lines 2-3. Please amend to --- the absorption threshold ---.
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 for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) 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:
The limitation “heater device” in claim 11 which has been interpreted to mean or include two or more heating coils 31. (Page 5, lines 20-24 of the Specification)
The limitation “an air displacement device” in claim 13 which has been interpreted to mean or include a ventilator. (Page 4, lines 25-26 of the Specification)
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.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
Claims 1, 6 and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takaaki (JP2019111157A).
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Regarding claim 1, Takaaki shows water ion generation device (130, fig. 5, ref. figs. 4, 7), comprising:
at least one absorption body (150, fig. 5) comprising water absorption material (Takaaki recites “… one or more materials selected from the group consisting of silica gel, silica alumina gel, zeolite, calcium chloride, calcium oxide, magnesium chloride and magnesium oxide can be used.”, paragraph [0037], UNDERLINE emphasis added) that is configured to absorb water from the air at temperatures (at normal temperature, [0032]; in other words, well-known in the art, the normal temperature is a room temperature which is about 20°C-22°C) below an absorption threshold (well-known in the art, the absorption threshold temperature of zeolite is about 60°C as evidenced by Santoso et al. (CN104213967 A); more specifically, see paragraph [0035] of Santoso et al.) and to release water to the air at temperatures above the absorption threshold (well-known in the art, the absorption threshold temperature of zeolite is about 60°C as evidenced by Santoso et al. (CN104213967 A); more specifically, see paragraph [0035] of Santoso et al.), and
an electrode arrangement (134, 132, fig. 5, ref. figs. 4, 7) configured to perform an ionizing action on water in the air for generating water ions (i), the electrode arrangement (134, 132, fig. 5, ref. figs. 4, 7) including a discharge electrode (134, fig. 5, ref. figs. 4, 7) and an electric circuit (fig. 6, [0030]) configured to apply a high voltage (high voltage negative pulse, [0030]) to the discharge electrode (134, fig. 5, ref. figs. 4, 7),
wherein the discharge electrode (134, fig. 5, ref. figs. 4, 7) is generally shaped like a pin (as shown in fig. 5, ref. fig. 4) and the at least one absorption body (150, fig. 5) is arranged in the vicinity of a tip portion of the discharge electrode (134, fig. 5, ref. figs. 4, 7), wherein the water absorption material (Takaaki recites “… one or more materials selected from the group consisting of silica gel, silica alumina gel, zeolite, calcium chloride, calcium oxide, magnesium chloride and magnesium oxide can be used.”, paragraph [0037], UNDERLINE emphasis added) of the at least one absorption body (150, fig. 5) has an absorption threshold (well-known in the art, the absorption threshold temperature of zeolite is about 60°C as evidenced by Santoso et al. (CN104213967 A); more specifically, see paragraph [0035] of Santoso et al.) higher than room temperature (well-known in the art, the room temperature is about 20°C-22°C).
Regarding claim 6, Takaaki shows wherein the at least one absorption body (150, fig. 5) is generally block-shaped (as shown in fig. 5) and is arranged at least partially alongside the tip portion of the discharge electrode (134, fig. 5, ref. figs. 4, 7).
Regarding claim 10, Takaaki shows personal care appliance (100, fig. 1), comprising a housing (116, fig. 1) and a (the) water ion generation device (130, fig. 5, ref. figs. 4, 7) according to claim 1 (see the rejection of claim 1 above) accommodated in the housing (116, fig. 1).
Regarding claim 11, Takaaki shows comprising a heater device (121, ref. fig. 7) configured to heat the air inside the housing (116, fig. 1).
Regarding claim 12, Takaaki shows wherein the water absorption material (Takaaki recites “… one or more materials selected from the group consisting of silica gel, silica alumina gel, zeolite, calcium chloride, calcium oxide, magnesium chloride and magnesium oxide can be used.”, paragraph [0037], UNDERLINE emphasis added) of the at least one absorption body (150, fig. 5) of the water ion generation device (130, fig. 5, ref. figs. 4, 7) has an (the) absorption threshold (well-known in the art, the absorption threshold temperature of zeolite is about 60°C as evidenced by Santoso et al. (CN104213967 A); more specifically, see paragraph [0035] of Santoso et al.) higher than room temperature (well-known in the art, the room temperature is about 20°C-22°C) and lower than temperatures related to operation of the heater device (121, ref. fig. 7) (in order to dry user’s hair, the temperatures related to operation of the heater device 121 of Takaaki should inherently be greater than 60°C which is well-known in the art as evidenced by Carlucci et al. (US 2004/0159002); more specifically, Carlucci et al. recites “… A typical hairdryer has sufficient energy transferred with the readily available surface area to keep wire temperatures at black heats, approximately 800 degrees C., and to still heat the air column to about 100 degrees C., the maximum temperature allowed by Underwriters Laboratories Inc. and similar regulating agencies.”, paragraph [0004]).
Regarding claim 13, Takaaki shows comprising an air displacement device (123, ref. fig. 7) configured to generate a flow of air through the housing (116, fig. 1).
Regarding claim 14, Takaaki shows wherein the water ion generation device (130, fig. 5, ref. figs. 4, 7) is located in the same area of the housing (116, fig. 1) (ref. fig. 7) as the heater device (121, ref. fig. 7) or downstream of the heater device, seen in the direction of the flow of air.
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 2, 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over as applied to claim 1 above, and in view of Nobumoto (CN202982717U).
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Regarding claims 2 & 5, Takaaki discloses wherein the at least one absorption body (150, fig. 5) is generally shaped like a block (as shown in fig. 5).
Takaaki does not disclose the at least one absorption body is generally shaped like a hollow cylinder and encompasses the tip portion of the discharge electrode at close range; (Application claim 2) and
wherein the at least one absorption body is at a position that is substantially coaxial with the discharge electrode. (Application claim 5)
Nobumoto teaches the at least one absorption body (Nobumoto, 2, fig. 4) is generally shaped like a hollow cylinder (Nobumoto, as shown in fig. 4) and encompasses the tip portion of the discharge electrode (Nobumoto, 3, fig. 4) at close range (Nobumoto, as shown in fig. 4); (Application claim 2) and
wherein the at least one absorption body (Nobumoto, 2, fig. 4) is at a position that is substantially coaxial with the discharge electrode (Nobumoto, 3, fig. 4). (Application claim 5)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the water ion generation device of Takaaki with the at least one absorption body is generally shaped like a hollow cylinder and encompasses the tip portion of the discharge electrode at close range; (Application claim 2) and wherein the at least one absorption body is at a position that is substantially coaxial with the discharge electrode (Application claim 5), as taught by Nobumoto, for effectively forming heavier and longer-lived cluster ions which would result in effectively stabilizing the generated ion species. Thus, the water ion generation device operates more efficiently and thus benefits the consumer.
Regarding claim 8, Takaaki discloses wherein the tip portion of the discharge electrode (134, fig. 5, ref. figs. 4, 7) has a generally triangle shape (as shown in ref. fig. 4).
Takaaki does not disclose the tip portion of the discharge electrode has a generally conical shape.
Nobumoto teaches the tip portion of the discharge electrode (Nobumoto, 3, fig. 4) has a generally conical shape (Nobumoto, as shown in fig. 4).
It would have been obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claim invention to modify water ion generation device of Takaaki with the tip portion of the discharge electrode has a generally conical shape, since it has been held that changing in shape of an invention involves only routine skill in the art. See MPEP §2144.04(IV)(B) (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)). Please note that in the instant application applicant has not disclosed any criticality for the shape of the tip portion of the discharge electrode. Therefore, it would have been obvious to change the shape of the tip portion of the discharge electrode to provide a flexibility in designing the discharge electrode.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over as applied to claim 1 above, and in view of Yuanhui et al. (CN208272363U; hereinafter Yuanhui).
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Regarding claim 3, Takaaki discloses wherein the at least one absorption body (150, fig. 5) is generally shaped like a block (as shown in fig. 5) and is located right at front of the tip portion of the discharge electrode (134, fig. 5, ref. figs. 4, 7).
Takaaki does not disclose the at least one absorption body is generally shaped like a hollow cylinder and is located right in front of the tip portion of the discharge electrode.
Yuanhui teaches the at least one absorption body (Yuanhui, 5, 5, fig. 2) is generally shaped like a hollow cylinder (Yuanhui, as shown in fig. 2) and is located right in front of the tip portion of the discharge electrode (Yuanhui, 1, fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the water ion generation device of Takaaki with the at least one absorption body is generally shaped like a hollow cylinder and is located right in front of the tip portion of the discharge electrode, as taught by Yuanhui, for effectively increasing an amount of nano-water ions which would result in improving an ionization rate of the water. Thus, the water ion generation device operates more efficiently and thus benefits the consumer.
Regarding claim 4, Takaaki discloses wherein the at least one absorption body (150, fig. 5) is generally shaped like a block (as shown in fig. 5).
Takaaki does not disclose the at least one absorption body is generally shaped like a hollow cylinder, wherein a first portion of the at least one absorption body encompasses the tip portion of the discharge electrode at close range, and wherein a second portion of the at least one absorption body is located right in front of the tip portion of the discharge electrode.
Yuanhui teaches the at least one absorption body (Yuanhui, 5, 5, fig. 2) is generally shaped like a hollow cylinder (Yuanhui, as shown in fig. 2), wherein a first portion (Yuanhui, 5, fig. 2) of the at least one absorption body (Yuanhui, 5, 5, fig. 2) encompasses the tip portion of the discharge electrode (Yuanhui, 1, fig. 2) at close range, and wherein a second portion (Yuanhui, 5, fig. 2) of the at least one absorption body (Yuanhui, 5, fig. 2) is located right in front of the tip portion of the discharge electrode (Yuanhui, 1, fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the water ion generation device of Takaaki with the at least one absorption body is generally shaped like a hollow cylinder, wherein a first portion of the at least one absorption body encompasses the tip portion of the discharge electrode at close range, and wherein a second portion of the at least one absorption body is located right in front of the tip portion of the discharge electrode, as taught by Yuanhui, for effectively increasing an amount of nano-water ions which would result in improving an ionization rate of the water. Thus, the water ion generation device operates more efficiently and thus benefits the consumer.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over as applied to claim 6 above, and in view of Feng et al. (CN106038231A; hereinafter Feng).
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Regarding claim 7, Takaaki discloses the limitations of water ion generation device according to claim 6 above, but does not disclose comprising at least two absorption bodies which are generally block-shaped, wherein each of the at least two absorption bodies is arranged at least partially alongside the tip portion of the discharge electrode, and wherein the at least two absorption bodies are located at different sides of the tip portion of the discharge electrode.
Feng teaches at least two absorption bodies (Feng, 42, 46, figs. 1, 2) which are generally block-shaped (Feng, as shown in figs. 1, 2), wherein each of the at least two absorption bodies (Feng, 42, 46, figs. 1, 2) is arranged at least partially alongside the tip portion of the discharge electrode (Feng, 43, figs. 1, 2) (Feng, 45, figs. 1, 2), and wherein the at least two absorption bodies (Feng, 42, 46, figs. 1, 2) are located at different sides of the tip portion of the discharge electrode (Feng, 43, figs. 1, 2) (Feng, 45, figs. 1, 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the water ion generation device of Takaaki with the at least two absorption bodies which are generally block-shaped, wherein each of the at least two absorption bodies is arranged at least partially alongside the tip portion of the discharge electrode, and wherein the at least two absorption bodies are located at different sides of the tip portion of the discharge electrode, as taught by Feng, for effectively producing a large amount of negative ions which would result in achieving better beauty and health care effects. Thus, the water ion generation device operates more efficiently and thus benefits the consumer.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over as applied to claim 1 above, and in view of Feng et al. (CN106038231A; hereinafter Feng).
Regarding claim 9, Takaaki discloses wherein the electrode arrangement (134, 132, fig. 5, ref. figs. 4, 7) further includes a counter electrode (132, fig. 5, [0020]), and wherein the counter electrode (132, fig. 5, [0020]) is generally shaped like a plate (as shown in fig. 5) and is located at front of the tip portion of the discharge electrode (134, fig. 5, ref. figs. 4, 7), at a distance from the tip portion of the discharge electrode (134, fig. 5, ref. figs. 4, 7).
Takaaki does not disclose the counter electrode is generally shaped like a ring and is located in front of the tip portion of the discharge electrode, at a distance from the tip portion of the discharge electrode.
Feng teaches the counter electrode (Feng, 44, figs. 1, 2) is generally shaped like a ring (Feng, ring shape, [0053]) and is located in front of the tip portion of the discharge electrode (Feng, 43, figs. 1, 2) (Feng, 45, figs. 1, 2), at a distance from the tip portion of the discharge electrode (Feng, 43, figs. 1, 2) (Feng, 45, figs. 1, 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the water ion generation device of Takaaki with the counter electrode is generally shaped like a ring and is located in front of the tip portion of the discharge electrode, at a distance from the tip portion of the discharge electrode, as taught by Feng, for effectively producing a large amount of negative ions which would result in achieving better beauty and health care effects. Thus, the water ion generation device operates more efficiently and thus benefits the consumer.
Conclusion
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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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