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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/24/2023 is being considered by the examiner.
Claim Objections
Claim 5 is objected to because of the following informalities: Claim 5 recites “further comprising and on/off switch connected with said motor for turning said motor on and off” and should read “further comprising an on/off switch connected with said motor for turning said motor on and off”. Appropriate correction is required.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20230301315 A1 - Guan.
Regarding claim 1, Guan is directed towards an electric smoke curing device. Guan does teach a sealing base having a top major surface and a bottom major surface (Figure 4, [0008] the mounting channel forms an upper mounting opening and a lower mounting opening on a top end surface and a bottom end surface and [0022] Further, a sealing member is arranged at the rotating hole.), a smoke transfer opening located at said bottom major surface ([0045] a pumping device 3 is arranged in the smoke discharging device 13 to pump out smoke produced in the burning seat via the first smoke discharging port 12.), a chimney stack having an upper end, a lower end, and a central opening extending from said upper end to said lower end of said chimney stack (Figure 4, element 2 (top) and 11 (bottom).), wherein said central opening of said chimney stack is in fluid communication with said smoke transfer opening formed in said bottom major surface of said sealing base (Figure 4, it can be seen that element 13 flows into the element 11 into the base.), a porous screen disposed inside said central opening of said chimney stack (Figure 4, element 23.), adjacent said upper end of said chimney stack that is configured for holding wood chips or wood powder that are burned for generating smoke ([0052] The burning seat 2 further includes a filter net 23, and the filter net 23 is arranged in the burning part 21. During use, the wood chips are placed on the filter net 23), a source of positive air pressure in communication with said central opening of said chimney stack for creating a vacuum within said central opening that draws said smoke from said screen and forces said smoke to flow toward said lower end of said chimney stack and toward said smoke transfer opening formed in said bottom major surface of said sealing base (Figure 4, and [0059] - [0060]).
Regarding claim 2, Guan does teach the limitations of claim 1. Guan does teach said source of positive air pressure is a fan ([0059] an exhaust fan 32).
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 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over US 20230301315 A1 - Guan as applied to claim 1 above, and further in view of US 20220192255 A1 - Khachatryan.
Regarding claim 3, Guan does teach the limitations of claim 1. Guan does teach a lid overlying said sealing base to define a charging power supply compartment between said lid and said sealing base (figure 4, a charging power supply is shown in a case formed by the top and bottom element) and a charging power supply disposed within said charging power supply compartment that is coupled with said fan ([0062] the charging power supply 14 is electrically connected to the control circuit board 15 and the driving device 31.).
Guan does not expressly teach a battery.
Khachatryan is directed towards a hookah system. Khachatryan does teach a battery as the power source. ([0028] the rechargeable battery 219).
Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of rechargeable battery of Khachatryan, for the charging power supply of Guan. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Person having ordinary skill in the art (PHOSITA) would have understood that the battery of Khachatryan could be predictably used in a variety of systems, including the well-known system of Guan in a manner which would have predictably drive the motor. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the battery of Khachatryan with the well-known system of Guan.
Regarding claim 4, Guan and Khachatryan does teach the limitations of claim 3. Guan does teach a motor coupled with said charging power supply and said fan, wherein said charging power supply provides electrical energy for operating said motor and said motor is configured to rotate said fan. ([0062] the charging power supply 14 is electrically connected to the control circuit board 15 and the driving device 31.)
Guan does not expressly teach a battery.
Khachatryan is directed towards a hookah system. Khachatryan does teach a battery as the power source. ([0028] the rechargeable battery 219).
Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of rechargeable battery of Khachatryan, for the charging power supply of Guan. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Person having ordinary skill in the art (PHOSITA) would have understood that the battery of Khachatryan could be predictably used in a variety of systems, including the well-known system of Guan in a manner which would have predictably drive the motor. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the battery of Khachatryan with the well-known system of Guan.
Regarding claim 5, Guan and Khachatryan does teach the limitations of claim 4. Guan does teach an on/off switch connected with said motor for turning said motor on and off. ([0062] the power button and the charging insertion slot are electrically connected to the control circuit board 15, respectively; the charging power supply 14 is electrically connected to the control circuit board 15 and the driving device 31.).
Conclusion
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/KEITH BRIAN ASSANTE/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761