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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Porchia et al. (US 20090162253 A1, “Porchia”) in view of Mullen (US 20030017178 A1).
For Claim 1, Porchia discloses a portable electric heating mosquito repelling apparatus (the device 30/130 of Porchia is capable of being transported, comprises a heater energized by an electric source, and repels mosquitoes, as further discussed below), comprising: an apparatus housing (32), a repellent drug (volatile materials 35a, 35b contained in containers 134a/134b as insect repellant, ¶0041), and a power supply element (“battery” ¶0044), the apparatus housing is provided with a heating unit (38a and/or 38b and/or 36a and/or 36b), the repellent drug is detachably arranged on the heating unit (via the replacement of containers 134a/134b, ¶0072), the heating unit is used to heat the repellent drug (as discussed in ¶¶0049-57), the working temperature of the heating unit is greater than 40°C and less than 120°C (Id. and/or as illustrated in Fig. 2 in light of ¶0044 and/or as illustrated in Fig. 29), the power supply element is detachably arranged on the apparatus housing (via the wires which provide power to the heaters, ¶0044), and the power supply element is used to provide electric energy to the heating unit (Id.).
Porchia is silent to the repellent drug comprises one or more of dimethyl phthalate and methyl nonyl ketone.
Mullen, like prior art above, teaches an insect repellent drug comprises one or more of dimethyl phthalate ¶0038.
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the composition of the repellent of Porchia with DMP as taught by Mullen, in order to use one of many well-known insect repellants, which would operate as intended by targeting specific population(s) over others, yielding predictable results.
For Claim 2, Porchia in view of Mullen teaches the portable electric heating mosquito repelling apparatus as claimed in claim 1, and Porchia further discloses wherein the apparatus housing is provided with an information display unit (PCB and/or one or more of the LEDs 186a, 186b and/or light source 187), and the information display unit is used to display one or more of electric quantity of the power supply element, remaining usage time, and the working temperature of the heating unit (the LEDs are capable of emitting light which conveys to the user information, Porchia discloses exemplary information in ¶¶0067-70, the capability of the light(s) to turn on and off is enough to satisfy the working temperature, since the device would be indicated as on).
For Claim 3, Porchia in view of Mullen teaches the portable electric heating mosquito repelling apparatus as claimed in claim 1, and Porchia further discloses wherein the apparatus housing is provided with a human-machine interaction unit, and the human-machine interaction unit is used to control on-off of the power supply element and is also used to adjust the working temperature of the heating unit (188/190, ¶0070).
Response to Arguments
Applicant’s arguments with respect to present claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Special attention is drawn to the disclosures of US 2611068 A, US 4163038 A, US 4467177 A, US 5644866 A, CN 1133119 A, CN 1192699 A, US 6478440 B1, US 8891947 B2, CN 215684440 U, US 20230011402 A1, US 20190008137 A1, and US 12089585 B2 as disclosing an invention or aspects of the invention which are similar to those claimed and/or disclosed in the instant invention.
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 Morgan T. Jordan whose telephone number is (571)272-8141. The examiner can normally be reached M-Th 8:30-5:30.
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/MORGAN T JORDAN/Primary Examiner, Art Unit 3643