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 Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The response filed on January 2, 2026 is acknowledged.
Claim Rejections - 35 USC § 112
Claims 1-17 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.
The term “adjacent” in claim 1 is a relative term which renders the claim indefinite. The term “adjacent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “adjacent” is defined as: near. Dictionary.com. What may be considered near to one of ordinary skill in the art may not be considered near to another of ordinary skill in the art. The interpretation/determination of “adjacent” is subjective.
In claim 1, lines 22-24, the recitation “wherein a portion of the spray head extending toward the nozzle is formed a first shrinkage conduit with a first triangle shape in cross-section” is grammatically and idiomatically incorrect.
In claim 1, lines 25-26, the recitation “a portion of the tube extending towards the suction mouth is formed a second shrinkage conduit” is grammatically and idiomatically incorrect.
In claim 1, line 29, the recitation “a portion of the lid extending toward the orifice is formed a third shrinkage conduit” grammatically and idiomatically incorrect.
Claim 2 recites the limitation "the air flow axis" in line 3. There is insufficient antecedent basis for this limitation in the claim.
The term “adjacent” in claim 4 is a relative term which renders the claim indefinite. The term “adjacent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “adjacent” is defined as: near. Dictionary.com. What may be considered near to one of ordinary skill in the art may not be considered near to another of ordinary skill in the art. The interpretation/determination of “adjacent” is subjective.
The term “adjacent” in claim 5 is a relative term which renders the claim indefinite. The term “adjacent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “adjacent” is defined as: near. Dictionary.com. What may be considered near to one of ordinary skill in the art may not be considered near to another of ordinary skill in the art. The interpretation/determination of “adjacent” is subjective.
Claim 11 recites the limitation “wherein the spray head and the tube are integrated in one.” The recitation is grammatically and idiomatically incorrect.
Claim 12 recites the limitation "essential oil" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "fragrance essential oil" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "flower essential oil" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "fragrance oil" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "detergent" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "alcohol" in line 5. There is insufficient antecedent basis for this limitation in the claim.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 10-17 have been considered but are moot based on the new grounds of rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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, Arthur O Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK