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 .
Response to Arguments
Applicant's arguments filed 17 November 2025 have been fully considered but they are not persuasive.
Regarding independent claims 1, 9, and 13, Applicant argues that “the ultrasonic cleaning module performs washing by ultrasonic cavitation and mechanical vibration in a thin water film supported by a porous foam substrate”. This is not persuasive because the only structure being recited is a “module” and a supporting “porous foam substrate”. The remainder of the recitation is intended use devoid of any particular structure and/or configurations. It is noted that merely recited “configured to” followed by intended use operations are not adequate structural limitations in an apparatus claim. There is still no water source or structural applicator recited, leaving the claim vague and indefinite as to what structures of the apparatus claim provide/apply water for cleaning. Applicant is reminded that claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function (In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959)) and that “apparatus claims cover what a device is, not what a device does” (Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)). (emphasis in original)
Additionally regarding claim 9, “configured to perform…” is an intended use operation merely requiring a structural configuration capable of performing the recitation. There are no positively recited structures or configurations recited to perform such operations, thus the claim remains vague and indefinite for failing to particularly pointing out and distinctly claiming the inventive apparatus. What structural features perform washing by cavitation and provide a confined water layer?
Finally, regarding claim 13, “configured to operate…” is an intended use operation merely requiring a structural configuration capable of performing the recitation. There are no positively recited structures or configurations recited to perform such operations, thus the claim remains vague and indefinite for failing to particularly pointing out and distinctly claiming the inventive apparatus. What structural features perform cleaning by cavitation? Moreover, is this a dry cleaning? The claim recites an ultrasonic cleaning module but only drying plate structural features in the claim, which is confusing. Is this a wet cleaning with ultrasonics? Or merely a drying device? Similarly, claim 20 recites collecting moisture and recycling water, but there is no structural source of any water in claim 20 or 13 to be collected and/or recycled. Clarification and correction are required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding independent claims 1 and 13, the claimed range “between about 20 kHz and 50kHz” is new matter. The original disclosure as filed recites a pizioelectric module operating at 20-50 kHz but not the broader range of “between about 20 kHz and 50 kHz” as claimed.
Regarding independent claim 9, the newly introduced recitation of “port” and “configured to introduce washing water manually or automatically” is new matter, with the original disclosure as filed silent with respect to such recitations. Correction is required.
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.
Claims 1-20 are 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.
Regarding claims 1-20, it is unclear how the cleaning is performed based on the current structural features, configurations, and functions as claimed. As best understood in light of the original disclosure as filed, the device is directed to washing and drying but there is no structural features/configuration/functions for the washing. What is the water source and configuration for performing the washing functions that requires the claimed drying? It is noted that drying and water capture are recited in some claims, but no water source or water application is claimed. Clarification and correction are required.
Conclusion
THIS ACTION IS MADE FINAL. 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 JOSEPH L PERRIN whose telephone number is (571)272-1305. The examiner can normally be reached M-F 7:30-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael E. Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Joseph L. Perrin, Ph.D.
Primary Examiner
Art Unit 1711
/Joseph L. Perrin/Primary Examiner, Art Unit 1711
Prosecution Insights