DETAILED ACTION
This Office Action is responsive to the application filed on February 06, 2024, which claims priority to foreign patent application CN202323054964.8 filed on 11/10/2023 . Claims 1-10 are pending.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in PEOPLE’S REPUBLIC OF CHINA on 11/10/2023. It is noted, however, that applicant has not filed a certified copy of the CN202323054964.8 application as required by 37 CFR 1.55.
An attempt by the Office to electronically retrieve, under the priority document exchange program, the foreign application CN202323054964.8 to which priority is claimed has FAILED on 04/10/2025. See mailing on April 10, 2025.
Specification
The abstract of the disclosure is objected to because it uses phrases which can be implied, such as, “The present disclosure relates to” “The present disclosure addresses”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Prior Art Relied Upon
This action references the following issued US Patents and/or Patent Application Publications:
US PATENT or PUBLICATION NUMBER
HEREINAFTER
US-20250302173-A1
“LAM”
US-20220175107-A1
“HSU”
US-20190315538-A1
“CHENG”
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.
Claims 1-3 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over LAM in view of HSU.
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Re Claim 1, LAM teaches an essential oil spray device 10 (¶¶0002-0003, 0020, 0035), comprising:
a box assembly [40, 50, 60] comprising a liquid storage part 40 (¶¶0016, 0036);
a cover assembly [20, 21, 22], sealingly connected to the liquid storage part (¶¶0015, 0036), the cover assembly being provided with a spray port 22, and the spray port being provided with an atomizing member [vibrating mesh of piezoelectric nebulizer outlet] (¶0035);
a switch assembly [including inter alia electrodes 55, 56 and connecting plate thereof as shown in Figures 4 & 6], provided on the box assembly and electrically connected to the atomizing member (¶¶0018, 0022, 0035, 0037, 0038; this assembly electrically connects / disconnects, i.e., switches on and off, the electrical pathway for the piezoelectric nebulizer with respect to a power supply of the device 100 when unit 10 is connected and disconnected and therefore is a switch assembly). LAM further notes the device may be refillable (¶¶0016), but fails to expressly teach a liquid filling port being provided in the liquid storage part and a plug provided at the liquid filling port.
HSU teaches an essential oil spray device (¶¶0021, 0023) wherein a liquid filling port 322 is provided in a liquid storage part [21, 22, 32] and a plug provided at the liquid filling port (¶¶0027-0028). It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to provide the essential oil spray device of LAM such that it includes a liquid filling port that is provided in the liquid storage part, for filling the chamber with an essential oil, and a plug provided at the liquid filling port, in order to provide a container that is sealable and refillable in place for receiving hair care products in a reusable manner, such as essential oil and/or water containing essential oil (LAM ¶¶0003, 0016-0020; HSU ¶¶0002-0004, 0027-0028).
Re Claim 2, LAM in view of HSU teaches the essential oil spray device according to claim 1. LAM further teaches wherein the box assembly further comprises a connecting part [51, 60], and the connecting part is arranged around the liquid storage part and connected with the liquid storage part (Figures 2-6 and ¶¶0037-0038).
Re Claim 3, LAM in view of HSU teaches the essential oil spray device according to claim 2. However, LAM in view of HSU as discussed so far fails to teach wherein the connecting part has an annular groove, and a magnetic component is arranged in the annular groove.
LAM further teaches wherein a magnetic connecting part [51, 60] may be formed by a single piece (¶0040) wherein the connecting part has a groove, and a magnetic component 57 is arranged in the groove. See Figures 7-8; ¶¶0019, 0038-0040. HSU teaches a connecting part that has an annular groove and that a magnetic component 131 is arranged in the annular groove (Fig. 2, ¶¶0021-002). It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to provide the device wherein the connecting part of LAM has an annular groove, and a magnetic component is arranged in the annular groove, in order to facilitate easy removal of the container (LAM ¶0040; HSU ¶¶0021-0022).
Re Claim 9, LAM in view of HSU teaches the essential oil spray device according to claim 2 as discussed above. LAM further teaches a hair dryer 100, comprising the essential oil spray device according to claim 2, wherein the essential oil spray device is arranged in a body 101 of the hair dryer, and the spray port faces towards an air-out side of the body of the hair dryer (LAM Figures 1-3, ¶¶0033-0035).
Re Claim 10, LAM in view of HSU teaches the hair dryer according to claim 9 as discussed above. However, LAM in view of HSU as discussed so far fails to teach wherein the essential oil spray device is magnetically connected to the body of the hair dryer through a magnetic component in the connecting part of the box assembly.
LAM further teaches wherein the essential oil spray device may be magnetically connected to the body of the hair dryer through a magnetic component (¶0019), and also teaches a magnetic connecting part 51, 60 formed by a single piece (¶0040) and wherein the connecting part of the box assembly is the part which thereby connects to the body of the hair dryer (¶¶0039, 0038). See Figures 7-8; ¶¶0019, 0038-0040). It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to provide the hair dryer wherein the essential oil spray device is magnetically connected to the body of the hair dryer through a magnetic component in the connecting part of the box assembly, in order to provide easily removable alternative attachments to the hair dryer (LAM ¶¶0019-0020, 0022).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over LAM in view of HSU as applied above and further in view of CHENG.
Re Claim 8, LAM in view of HSU teaches the essential oil spray device according to claim 1, but as discussed so far fails to teach wherein the plug is made of fluorosilicone material.
CHENG teaches a plug 301 made of fluorosilicone material (¶0101). It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to provide the plug made of fluorosilicone material, in order to provide an elastomer plug that can be installed and uninstalled by hand (CHENG ¶0101) and since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Allowable Subject Matter
Claims 4-7 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 following is a statement of reasons for the indication of allowable subject matter:
As to Claims 4-5, prior art fails to teach or fairly suggest, in combination with the other limitations of the dependent claim 4, the base claim and any intervening claims, the spray port is provided on the outer cover, the inner cover is arranged inside the outer cover and connected with the outer cover.
As to Claim 6, prior art fails to teach or fairly suggest, in combination with the other limitations of the dependent claim 6, the base claim and any intervening claims, a first switch and a second switch provided on the connecting part.
As to Claim 7, prior art fails to teach or fairly suggest, in combination with the other limitations of the dependent claim 7, a charging port disposed in the annular groove of the connecting part.
NOTE: with respect to claim 6, while the arrangement of a disconnectable plate and electrode pair (in series) forms a single switch assembly that is disconnectable when device 10 is removed (thus opening or closing one circuit), one of ordinary skill would not consider this assembly to form a first switch and a second switch provided on the connecting part, the first switch is electrically connected to the second switch, and the second switch is electrically connected to the atomizing member.
Conclusion
The following prior art made of record, but not relied upon above is considered pertinent to applicant's disclosure.
DOCUMENT
PERTINENCE
US-20060064892-A1
Electrostatic essential oil spray device for hair dryer
US-20230009980-A1
Electric essential oil spray device for hair dryer
US-20200237950-A1
Essential oil spray device
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON H DUGER whose telephone number is (313) 446-6536. The examiner can normally be reached on 8:30a to 4:30p Monday through Friday.
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JASON H DUGER
PRIMARY EXAMINER, ART UNIT 3741
PHONE (313) 446 6536
FAX (571) 270 9083
DATE
February 18, 2026
/JASON H DUGER/Primary Examiner, Art Unit 3741