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)(5) because they do not include the following reference signs mentioned in the description: “2032”, as mentioned at paragraph [0027], line 4. 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.
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: 1) paragraph [0004], line 5, --have-- should be inserted between “air” and “become”; 2) paragraph [0004], line 6, “versions has developed” should be replaced by --versions have developed--; 3) paragraph [0025], line 6, “2022” should be replaced by --1022--; 4) paragraph [0031], line 3, --be-- should be inserted before “locked”; 5) paragraph [0034], line 2, “liquid tube 30” should be replaced by --liquid drawing part 30--; 6) paragraph [0034], line 12, “air” should be deleted before “container 60”.
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.
Claims 1-8 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 claim 1, lines 14-16 are confusing and unclear. Therefore, it is suggested that the passage, “airflow hole penetrating the central hole and the outside, the installation sleeve being connected to the extension tube, so that the airflow hole corresponding to the airflow channel” be replaced by --airflow hole fluidically connecting the central hole with an outside surface of the installation sleeve, the installation sleeve being connected to the extension tube, so that the at least one airflow hole is in fluid communication with the at least one airflow channel--, which would be considered to clarify the claim passage and obviate the rejection under 112(b).
Also in claim 1, line 18, --a-- should be inserted before “second position” for clarity of the claim.
On line 25 of claim 1, “to the body, so that one end of the valve stem passing” should be replaced by --to the valve body, so that one end of the valve stem passes--, for clarity of the claim and to differentiate the “body” from the “valve body”.
On line 27 of claim 1, “the end of the valve stem that passing” should be replaced by --the one end of the valve stem that passes-- for clarity of the claim.
On line 28 of claim 1, “the rotation of the valve stem” lacks antecedent basis” and therefore “the” should deleted before “rotation”.
On the penultimate line of claim 1, “wine liquid” is redundant and should therefore be replaced by “liquid”.
In claim 2, line 1, --plurality of-- should be inserted before “protruding ribs” to maintain consistency of language throughout the claims.
Claim 3 is worded awkwardly and “the circumference” lacks antecedent basis since the extension tube has not been defined as a cylindrical element, that would inherently have a circumference. Accordingly, it is suggested that the phrase, “wherein the number of airflow holes is plural and the airflow holes are arranged around the circumference of the extension tube”, be replaced by --wherein the at least one airflow hole further comprises a plurality of airflow holes arranged around a circumference of the extension tube--.
Claim 4 is vague and indefinite as the claim lacks clarity. It is suggested that the phrase, “at the same position of each of the fins, and the notches form a groove along the longitudinal direction”, on lines 2-3 of the claim be replaced by --at a same circumferential position of each of the fins, to form a groove along a longitudinal direction of the installation sleeve--.
Claim 5, line 1, “he” should be replaced by --the at least one-- to provide clarity to the claim.
In claim 7, on the penultimate line, “rotated to sense the opening size” does not make sense, and apparently should be changed to read, --rotated to change the opening size--.
In claim 8, line 7, “the liquid outlet end” lacks antecedent basis. It is suggested that applicant amend line 6 of the claim from “the liquid outlet of the body” to --a liquid outlet end of the body--, to obviate the antecedent basis rejection. Also, on the last line of claim 8, it is suggested that “to form a tight fit” be changed to read --to form a fluid tight fit--, to improve clarity of the claim.
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The prior art of record fails to disclose or suggest the electric wine aerator as set forth by independent claim 1, including the extension tube formed on the lower end of the body, the extension tube having a liquid inlet connected to the liquid flow path inside the body and forming at least one airflow channel extending longitudinally on a peripheral surface of the body, with an installation sleeve connected to the extension tube so that an airflow hole in a side wall of the installation sleeve corresponds to the airflow channel so as to provide fluid communication between the airflow hole and the airflow channel.
Claims 2-8 would be allowable based upon their dependency on an allowable independent claim 1.
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.
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, 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.
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.
/C.S.B/2-3-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776