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 .
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
INFORMATION ON HOW TO EFFECT DRAWING CHANGES
Replacement Drawing Sheets
Drawing changes must be made by presenting replacement sheets which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments section, or remarks, section of the amendment paper. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). A replacement sheet must include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and within the top margin.
Annotated Drawing Sheets
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheet(s) must be clearly labeled as “Annotated Sheet” and must be presented in the amendment or remarks section that explains the change(s) to the drawings.
Timing of Corrections
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
Specification
The disclosure is objected to because of the following informalities: Paragraph [0053], lines 2 and 4, reference numerals “210” should be replaced by --212--, after “water tank”.
Appropriate correction is required.
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 19 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.
In claim 19, line 7, “the cartridge” lacks antecedent basis.
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 and 7 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Buck.
Buck (Fig. 2; page 1, col. 1, lines 47-55; page 1, col. 2, lines 31-34, 46-55; page 2, col. 1, line 6) discloses an evaporative humidifier having a power unit having an air entrance (23) and an air exit (near element 13) forming a channel therethrough which air is drawn through in an upward direction (claim 7) by a blower assembly (A,B) arranged therein, with a water tank (12) that contains wick elements (17) positioned therein to raise water from the tank by capillary action to be added to the air flowing through the device by evaporation to humidify the upflowing air stream prior to its exit from the device through air outlet (at 21) (claim 1).
Claims 1, 7, and 21 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Lee ‘142.
Lee ‘142 (Fig. 15; col. 11, line 55 through col. 12, line 3) discloses an evaporative humidifier having a power unit having an air entrance (left side of Fig. 15) and an air exit (at the blower outlet in Fig. 15) forming a channel therethrough which air is drawn through in an upward direction (claim 7) by a blower assembly arranged therein (from the lower inlet of Fig. 15 to the blower outlet), with a removable (claim 21) water tank (20) that contains wick elements (21) positioned therein to raise water from the tank by capillary action to be added to the air flowing through the device by evaporation to humidify the upflowing air stream prior to its exit from the device through air outlet (at 41) (claim 1).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over either of Buck or Lee ‘142, as applied to claim 1 above, taken together with Pankhurst et al.
Buck or Lee ‘142, as applied to claim 1 above, each substantially discloses applicant’s invention as recited by instant claim 2, except for a heater being disposed in the power unit housing.
Pankhurst et al (Fig. 39; col. 11, lines 60-65) disclose an evaporative moisture dissemination device similar to either of the alternative primary references, wherein wicking elements extend out of the top of liquid tanks to deliver vapor of the liquid to the surrounding atmosphere by evaporation, the wicking elements delivering the vapors under influence of heater elements (106a or 106b), which are controlled by onboard processor means. It would have been obvious for an artisan at the time of the filing of the application, to modify either of the alternative primary references, to include heater means, in view of Pankhurst et al, since such would provide convenient, well known means for delivering a highly vapor loaded air flow from the device, thereby conditioning the ambient air in an efficient manner.
Allowable Subject Matter
Claims 22-37 are allowed.
The prior art of record fails to disclose or suggest an evaporative humidifier, as set forth by independent claim 22, including a wick within a water tank, and a blower for moving air through the wick, with a controller configured to determine the wick condition based on a temperature and humidity of air entering the humidifier, an amount of heat added to the air upstream of the wick, a volumetric flow rate of air traveling through the wick, and at least one of a water level in the tank and a temperature and humidity of air leaving the wick. Claims 23-37 would be allowable based upon their dependency upon an allowable claim 22.
Claims 3-6, 8-18, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record fails to disclose or suggest the discontinuity structure within the channel through the power unit housing, as set forth by claim 3; the cartridge structure as set forth by claim 8, and the heater, sensors and control scheme as set forth by instant claim 20. Claims 4-6, and 9-18 would be allowable based upon their dependency upon an allowable claim 3 and 8, respectively.
Claim 19 would be allowable if rewritten to overcome the rejection 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 571-270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.S.B/1-5-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776