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
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters “010” and “10” (which both represent the number 10) have been used to designate both “the mounting hole” and “the liquid storage bottle.” Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. 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). 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “020” and “20” (which both represent the number 20) have been used to designate both “the clamping portion” and “the charging interface.” Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. 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). 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.
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.
Claims 1-9 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.
In regard to claims 1-3 and 6, the use of the phrase “can be” in lines 11-12, line 14 and line 24 of claim 1; line 16 and line 17 of claim 2; line 3 of claim 3 and line 6, line 8 and line 9 of claim 6 renders the claims as indefinite as it is unclear how to interpret the limitations which use the phrase. It is unclear if the use of “can be” intends for the limitation to be optional as “can be” also implies that the opposite by be true or if the phrase is reciting a capability of the preceding structure. For the purpose of examination, the limitations will be given the broadest reasonable interpretation.
In regard to claim 1, it is unclear how to interpret the limitation of “the power supply (06) is limited in the housing” as the meaning of the word “limited” is unclear as it is not a common way to use the word.
In regard to claim 1, it is unclear how to interpret the limitation of “the mist outlet (070), the atomizing nozzle (08) and the connecting pipe (09) are limited in the liquid storage bottle (10)” as the meaning of the word “limited” is unclear as it is not a common way to use the word.
In regard to claim 2, it is unclear how to interpret the limitation of “the mist outlet hole (180) is limited at an inner side of the pipe body (181)” as the meaning of the word “limited” is unclear as it is not a common way to use the word.
In regard to claim 3, it is unclear how to interpret the limitation of “the lifting handle (19) can be limited into the groove (182)” as the meaning of the word “limited” is unclear as it is not a common way to use the word.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to teach, suggest or render obvious the claimed structure of a limiting pipe having an integrally formed cover body on the lower end thereof which buckles to a mounting seat and an atomizing pipe with one open end and another closed end in combination with the other recited structural limitations. The closest prior art of record was determined to be Lee (US 2021/0180801) which discloses structure analogous to the recited limiting pipe (the structure forming accommodation chamber 6 as depicted in Figure 4) but is silent in regard to the integrally formed cover body which can be buckled to a mounting seat and to an atomizing pipe with one open and one closed end. The structure of Lee which is analogous to the atomizing pipe (atomizing hood 52) has two open ends as best seen in Figure 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY C CLEVELAND whose telephone number is (571)270-5041. The examiner can normally be reached M-F 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY C CLEVELAND/Primary Examiner, Art Unit 1774