DETAILED ACTION
This is a non-final rejection in response to application filed 1/16/2024. Claims 1-20 are currently pending.
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.
Claim(s) 1,3-6 and 9-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomazetich US 2018/0221785.
Regarding independent claim 1 and 9, Tomazetich teaches a fog distribution system comprising a fog generation device configured to produce a fog from a fluid [0012], the fog distribution system further comprising: a collection chamber 20 having an enclosed interior cavity configured to receive, capture, and accumulate the fog produced by the fog generation device, the collection chamber including a bottom wall, a first sidewall, a second sidewall, and a top wall (see figs. 3 and 4); a diverter 21 within the collection chamber, the diverter defining a first space within the enclosed interior cavity of the collection chamber, a larger second space within the enclosed interior cavity, and a channel between and fluidically interconnecting the first and second spaces, the channel being located at an upper end of the diverter (fig. 3); an outlet 22 of the collection chamber fluidly connected to the second space of the collection chamber; and a mechanical blower 10 configured to draw the fog from the second space of the collection chamber and flow the fog through a distribution tube for distribution of the fog to a desired location.
Regarding dependent claim 3 and 14, Tomazetich teaches wherein the diverter comprises a wall extending from the first sidewall to the second sidewall and extending from the bottom wall towards the top wall to create the channel between the top wall and the upper end of the diverter [0013].
Regarding dependent claim 4 and 15, Tomazetich teaches wherein the wall forms fluid-tight seals with the bottom wall, the first sidewall, and the second sidewall [0013].
Regarding dependent claim 5, Tomazetich teaches wherein the collection chamber receives the fog produced by the fog generation device 1 through an output of the fog generation device that conducts the fog directly at the diverter [0013].
Regarding dependent claim 6 and 17, Tomazetich teaches wherein the wall is a solid gas-impervious wall [0013].
Regarding dependent claim 10, Tomazetich teaches wherein the fog has a velocity that decreases while flowing from the output of the fog generation device to the first space within the collection chamber and while flowing through the channel to the second space within the collection chamber. This will be the case as the fog moves from the chamber to the outlet.
Regarding dependent claim 11, Tomazetich teaches wherein the fog has a temperature that decreases while flowing from the output of the fog generation device to the first space within the collection chamber and while flowing through the channel to the second space within the collection chamber [0013].
Regarding dependent claim 12, Tomazetich teaches wherein the fog becomes denser while flowing from the output of the fog generation device to the first space within the collection chamber and while flowing through the channel to the second space within the collection chamber [0004].
Regarding dependent claim 16, Tomazetich teaches wherein the collection chamber receives the fog produced by the fog generation device through an output of the fog generation device that conducts the fog directly at the diverter [0013].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomazetich in view of Zosel DE10022381.
Regarding dependent claims 2 and 13, Tomazetich teaches the invention as claimed but is silent to a second outlet and a second mechanical blower.
However, Zosel teaches a similar fog machine which teaches further comprising a second outlet 7 of the collection chamber 3 including a second mechanical blower 15 configured to draw the fog from the second space of the collection chamber and flow the fog through a second distribution tube 20 for distribution of the fog to a second desired location.
It would have been obvious to one of ordinary skill in the art at the time of filing to provide the fog machine of Tomazetich with the additional outlet, blower, and tubes of Zosel, as Zosel teaches using such a system for additional effects (col. 5, ll. 55-64)
Allowable Subject Matter
Claims 7-8 and 18-20 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.
Claims 7 and 18 in particular are indicated as allowable as the prior art of record fails to show a tube used as a diverter that extends horizontally into the enclosed interior cavity and extends vertically towards the top wall and creates the channel between the top wall and the diverter.
Rosario teaches a vertical tube but does not have the tube as claimed by claim 7 and 18. It would not have been obvious to modify Rosario in the manner claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Li, Tomazetich (US 2021/0162312), Peeples, Xe, Scully, and Rosario, are cited for teaching fog machines with collection chambers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CRAIG SANG KIM whose telephone number is (571)270-1418. The examiner can normally be reached 7:00 AM - 3:00 PM.
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/CRAIG KIM/
Primary Examiner
Art Unit 3741