Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
In the amendment filed on 01/07/26, applicants have amended claims 2, 5, 9, and 11. The art rejections described in the non-final action sent on 10/7/25 have been withdrawn in view of the amendment.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 2-5 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over WO-2017154937A1 in view of Namihira et al (US 2019/0165190A1).
As to claim 2, WO’937 teaches (see Fig 12) a mist generator comprising: a container (33A) that stores a liquid; a misting unit (34a) configured to transmit vibration to the liquid in the container and to turn the liquid into mist within the container; a gas supply unit (GT) that supplies a first gas from a gas supply opening into the container; the gas supply opening of the gas supply unit does not face a liquid level (see Fig 12); and wherein the mist generator is capable of including an electrode (see English Translation on page 25 under Modification 1 for a plasma processing apparatus including an electrode in the mist processing unit). In any event, Namihira et al teaches (see Fig 1 and para [0035]) a mist generating unit including electrodes (111A, 111B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an electrode that generates plasma between the electrode and the liquid in WO’937 to generate mist of nanoparticles containing solution as taught by Namihira et al (see para [0004]).
As to claim 3, WO’937 teaches (see Fig 12) a member (33B) provided in the container, wherein the member is disposed between the gas supply opening of the gas supply unit and the liquid level of the liquid.
Regarding claim 4, in WO’937 the member (33B) appears to be a plate shape (see Fig 12).
As to claim 5, WO’937 teaches (see Fig 12) a mist generator comprising: a container (33A) that stores a liquid; a misting unit (34a) configured to transmit vibration to the liquid in the container and to turn the liquid into mist within the container; a gas supply unit (GT) that supplies a first gas from a gas supply opening into the container; wherein the gas supply unit (GT) supplies the first gas from the gas supply opening such that a liquid level of the liquid is not brought into contact with the electrode (see Fig 12); and wherein the mist generator is capable of including an electrode (see English Translation on page 25 under Modification 1 for a plasma processing apparatus including an electrode in the mist processing unit). In any event, Namihira et al teaches (see Fig 1 and para [0035]) a mist generating unit including electrodes (111A, 111B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an electrode that generates plasma between the electrode and the liquid in WO’937 to generate mist of nanoparticles containing solution as taught by Namihira et al (see para [0004]).
Allowable Subject Matter
Claims 9-12 and 14-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: prior art of record including WO’937 and does not disclose or suggest a mist generator comprising, among others, a container, a misting unit configured to transmit vibration to the liquid in the container and to turn the liquid into mist within the container, a gas supply unit; and a plasma generation unit including an electrode that generates plasma between the electrode and a liquid level of the liquid, and a hollow body surrounding the electrode, wherein one tip of the hollow body is located below the liquid level of the liquid (as shown in applicants’ Fig 25).
Response to Arguments
Applicants’ arguments with respect to claim(s) 2-5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
THIS ACTION IS MADE FINAL. Applicants are 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 YEWEBDAR T TADESSE whose telephone number is (571)272-1238. The examiner can normally be reached 7.00-3:30 PM.
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YEWEBDAR T. TADESSE
Primary Examiner
Art Unit 1717
/YEWEBDAR T TADESSE/
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