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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No.10-2022-0177796, filed on 12/19/2022.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show:
41 (inner shell) of paragraph 0050 - 0055, 0067, 0108, 0141, 0142
21 (tank peripheral wall) of paragraph 0074, 0080 – 0089, 0105, 0106
As described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 111 and 120 found in figure 8. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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.
Claim Objections
Claims 4, 6 are objected to because of the following informalities:
In claim 4, line 1, “are-shape and rotatably attached” should read “arc-shape and rotatably attached”
In claim 6, line 1, “the bottom surface of the tank holder” should read “the bottom of the tank holder”
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 3 and 6 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.
Claim 3 recites the limitation “the outlet” in line 1. There is insufficient antecedent basis for this limitation in the claim. Although claim 3 later states that “an outlet defined between an upper end of the tank holder and an upper end of the shell,” the outlet is introduced after it is first referenced, which does not provide proper antecedent basis.
Claim 6 recites the limitation “the bottom surface” in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes examiner has interpreted "the bottom surface" to be the bottom of the tank holder.
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 non-obviousness.
Claims 1, 2, 5, 6, 7, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pi CN 211600985 U, September 29, 2020 (hereinafter “Pi”) in view of Funatsu et al. JP 2009232940 A, October 15, 2009 (hereinafter “Funatsu”).
Regarding claim 1, Pi teaches a humidifier (fig. 1) comprising: a tank (fig. 2, water tank 6, paragraph 0027) configured to store water; a humidification unit located at the bottom of the outer casing (paragraph 0027) configured to connect the upper water tank to a base of the humidifier; a tank holder disposed above the humidification unit; a and a shell (fig. 2 – outer casing 1) disposed above the humidification unit and spaced outward from the tank, wherein a discharge flow path (fig. 2, airflow path 11, paragraph 0033) is defined between the tank and the outer casing.
However, Pi fails to teach a tank holder disposed above the humidification unit, and covering an outer periphery of the tank to define a space where the tank is inserted. Funatsu teaches a water tank 22 (fig. 3, water tank 22), and a water tank holder 22a (fig. 3, paragraph 0028) to allow water supplied excessively into the tank holder 22a to overflow. It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide a tank holder structure corresponding to the surrounding annular arrangements of Funatsu, such as a wall or collar covering the outer periphery of the tank, in order to support, position, and stabilize the water tank relative to the humidification unit, as such supporting structures are well known and routinely used in humidifier designs.
Regarding claim 2, Pi discloses a cover 10 (figure 1, paragraph 0032) can be installed on the top of the outer casing 1, with the water tank 6 positioned directly below the cover 10. Water can be added to the water tank 6 by opening the cover 10 or through the through hole on the cover 10 (paragraph 0032). Pi fails to disclose a tank holder that has open top, and wherein the tank is inserted into or taken out through the open top. However, Funatsu discloses a tank holder 22a formed so as to open on the top surface 12 of the main body 11 (see fig. 3). The water supply tank 22 is configured to be popped up (discharged) upward by an urging means when pushed with the main body lid 13 open, and fixed to the hook 22d when pushed again (paragraph 0028). The water supply tank 22 can be easily attached and detached so that the user can remove the tank from the humidifier to add water and reinserts the tank after refilling.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to utilize the open top tank holder of Pi to permit insertion and removal of the water tank as taught by Funatsu, in order to facilitate refilling and maintenance of the water tank.
Regarding claim 5, Funatsu discloses that the outer periphery of the tank is close to an inner side of the tank holder (see figures 3, 7 and 9). See figure 10 below.
Regarding claim 6, both prior arts disclose the tank/tank holder has an opening penetrating the bottom surface of the tank holder. Pi discloses that the water storage tank 2 opens the water inlet 8 at the bottom, to allow the water in the water tank 6 to flow into the water storage tank 2 (see fig. 4, paragraph 0036). Funatsu also discloses an opening at the bottom of the tank holder. See figure 10 below.
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Regarding claim 7, Pi discloses a water inlet 8 (fig. 2, paragraph 0034) configured to receive water from the tank 2, wherein the water inlet penetrates through a tank opening. Funatsu also discloses that the water supplied to the storage chamber 61a flows into the damper portion 65 from the inlet 65a and is kept at the water level W (fig. 9, paragraph 0110).
Regarding claim 20, Pi discloses a tank having a feeder positioned at the bottom of the tank for supplying water to the humidification unit but Pi fails to disclose that the tank comprises: a protruding surface protruding downward from a portion of the bottom of the tank where the feeder is positioned; and a protruding guide connecting the rest of the bottom of the tank and the protruding surface obliquely, wherein, when the tank is inserted into the tank holder, the protruding guide is inserted into the holder opening. Funatsu discloses a humidifier including a water tank having downwardly protruding portion (see fig. 7) formed at the bottom region associated with a water outlet, and a sloped surface connecting the protruding portion to the surrounding bottom surface of the tank (see bottom tank configuration in fig. 5 above). Funatsu also discloses that the tank is inserted into the tank holder by an urging means (paragraph 0028). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the tank of Pi to include the downwardly protruding surface and obliquely extending protruding guide as taught by Funatsu, in order to facilitate guided insertion of the tank into a tank holder and ensure proper alignment of the feeder with the holder opening.
Claims 3, 8, 9, 10, 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Pi CN 211600985 U, September 29, 2020 (hereinafter “Pi”) and Funatsu in further view of Lee et al. U.S. Pub. No. 2017/0122595 A1, May 04, 2017 (hereinafter “Lee”).
Pi is relied upon as above.
Regarding claim 3, Pi discloses an open top, wherein an air outlet (fig. 2, paragraph 0027) is defined between an upper end of the water tank 6 (fig. 2) and an upper end of the housing 6, through which the mist generated from the humidification unit is discharged. However, Pi fails to disclose a discharge grille disposed at the outlet; and a tank cap covering an open top of the tank. Lee discloses a top cover grill 232 (figure 8, paragraph 0196), a grille port 231 (figure 8, paragraph 0197) covering an open top of the water tank 300. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pi to include the top cover grille and grille port as taught by Lee in order to cover the open top of the water tank while permitting discharge of mist through the outlet, because such grill and cover arrangements are well known in humidifiers for directing airflow, preventing foreign object intrusion, and improving user safety and aesthetics.
Regarding claim 8, Pi fails to disclose a sub guide disposed below the tank holder, and guiding the mist generated from the humidification unit. However, Lee discloses an air guide 170 (fig. 4, paragraph 0092) disposed below the water tank 300, may guide air supplied through the clean connection flow passage 104 to the upper inlet 121 (paragraph 0096 – 0101).
Regarding claim 9, Lee discloses the air guide 170 (fig. 4, paragraph 0096) may guide air supplied through the clean connection flow passage 104 to the upper inlet 121. The passages represent a sub intake hole through which air is admitted.
Regarding claim 10, Pi fails to disclose that a lower surface of the tank holder is spaced upward from the sub guide and defines a sub flow path through which the mist admitted through the sub intake hole flows. However, Lee discloses lower surface of the tank holder is spaced upward from the sub guide and defines a sub flow path through which the mist admitted through the sub intake hole flows. See figure 5 below.
Regarding claim 14, Pi discloses a water inlet 8 (fig. 2, paragraph 0034) configured to receive water from the tank 2, wherein the water inlet penetrates through a tank opening, wherein the water inlet 8 includes a sealable plug and a mechanical valve 9 corresponding to the position of the water inlet 8 (paragraph 0031), wherein the sub guide has a sub opening through which the feeder or the intake unit penetrates. Lee discloses that an air guide includes an opening permitting passage of functional components associated with water delivery and airflow (see figure 5 above), and that such openings are positioned to allow cooperation between guide structures and intake components without obstructing mist flow. It would be obvious to one of ordinary skill in the art at the time of the invention to modify Pi’s humidifier to provide a sub guide with a sub opening as taught by Lee, through which the feeder or intake unit penetrates, in order to allow proper water delivery from the tank to the humidification unit while preserving the guiding function of the sub guide.
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Regarding claim 15, Pi discloses a tank has an opening penetrating the bottom of the tank, and wherein an outer periphery of the water tank opening is positioned horizontally outward from the outer periphery of the sub opening. Funatsu discloses a humidifier including a water tank holder 22a configured to receive a water tank 22(fig. 3, paragraph 0028), Funatsu further teaches that the tank holder includes an opening formed in a bottom portion of the tank holder to allow water supplied from the tank to pass downward into the humidification region (paragraph 0028). Funatsu further discloses that the opening formed in the tank holder is positioned laterally offset from openings in lower guide structures, such that the outer periphery of the holder opening is located horizontally outward relative to the opening below (fig. 9, paragraph 0053), thereby preventing vertical alignment while allowing component penetration and fluid communication.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Pi’s humidifier to include the tank holder in order to support the tank above the humidification unit while permitting water delivery through an offset opening, to provide predictable results of improved alignment, leakage prevention, and structural stability.
Regarding claim 16, Pi discloses a humidifier having a tank and a humidification unit, but does not disclose a sub guide having an opening peripheral wall protruding upward around a sub opening. Lee discloses an air guide 170 (fig. 4, paragraph 0092) coupling the upper inner body 140, wherein the air guide includes an opening through which mist or air passes, and further includes a peripheral wall surrounding the opening that extends upward from the guide surface (fig. 5, paragraph 0096-0098). Lee also discloses that the upwardly extending peripheral wall functions to confine and guide air passing through the opening, thereby maintain directional flow towards an upper discharge region. Therefore, it would be obvious to one of ordinary skill in the art at the time the invention was made to modify Pi to include the upwardly protruding opening peripheral wall as taught by Lee, in order to guide and confine mist passing through the sub opening while preventing lateral dispersion.
Regarding claim 17, Pi discloses that the upper edges of walls surrounding openings are formed as planar surfaces, suitable for engagement with adjacent structures and for defining stable termination of the flow passage. (fig. 2, paragraph 0033). It would be obvious to configure the upper end of the opening peripheral wall to be horizontal, because forming a horizontal upper edge is a routine structural choice that facilitates predictable airflow behavior, structural compatibility, and ease of manufacture.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Pi CN 211600985 U, September 29, 2020 (hereinafter “Pi”) and Funatsu in further view of Ahn et al. U.S. Pub. No. 20070062370 A1, March 22, 2007 (hereinafter “Ahn”).
Pi is relied upon as above.
Regarding claim 4, Pi fails to disclose a tank handle having arc-shape and rotatably attached to an upper part of a peripheral wall of the tank; and a handle rest protruding from the peripheral wall of the tank, and wherein the tank handle is placed on the handle rest when rotated and laid down. However, Ahn discloses a tank handle 72 (figure 4) for easy placing in and taking out of water tank 71 (paragraph 0071). Ahn further discloses that the water tank 171 has a handle 172 rotatably mounted thereon (paragraph 0095), and the rear frame 112 has a top portion cut away to form a handle recess 112b for receiving the handle 172 of the water tank 171. Therefore, if the water tank 171 is placed in the case 110, and the handle 172 is put backward, the handle 172 is placed in the handle recess 112b, to close the handle slot 112b, completely (paragraph 0096). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the rotatable handle of Ahn to have an arc-shape and to provide a handle rest protruding from the peripheral wall of the tank, in order to allow the handle to be rotated and laid down into a resting position that conforms to the curvature of the tank wall, thereby reducing protrusion, improving compactness, and facilitating stable placement of the tank within the housing.
Claims 11, 12, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Pi CN 211600985 U, September 29, 2020 (hereinafter “Pi”), Funatsu and Lee, in view of claim 9, in further view of Jeong KR 101805814 B1, December 07, 2017 (hereinafter “Jeong”).
Regarding claim 11, Pi fails to disclose a sub guide is slanted upward toward an outside thereof, and allows the mist admitted through the sub intake hole to move upward. However, Jeong discloses an air guide 600 (fig. 3) slanted towards an outside, so that humidified air can be guided to the upper case 20, to be discharged to the outside as shown in fig. 5 (paragraph 0054). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the sub guide of Pi to be slanted upward toward an outside thereof, as taught by Jeong, in order to facilitate upward movement of the mist admitted through the sub intake hole and to guide the mist towards an upper discharge region, because slanted guide surfaces are well known in humidifier and air-handling devices for directing airflow and entrained mist toward an outlet while reducing stagnation and backflow.
Regarding claim 12, Pi fails to disclose a tank holder comprises a holder rib protruding outward from a peripheral wall of the tank holder, along the periphery of the tank holder, and wherein the holder rib guides the mist flowing from the sub guide. However, Jeong discloses a projecting portion 110 (fig. 3) that protrudes outward from an upper end of a water tub and extends circumferentially along an outer circumferential surface of the water tub (paragraph 0034). Jeong further teaches that the projecting portion forms a circumferential protruding structure that interfaces with airflow introduced into the humidifier and guides air and mist along a defined flow path toward an upper region (paragraph 0035). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the tank of Pi to include a tank holder with a protruding circumferential rib as taught by Jeong, in order to guide mist flowing from the sub guide along the periphery toward an upper discharge region, because circumferential protrusions formed on peripheral walls provide the predictable result of improved flow guidance and reduced lateral dispersion.
Regarding claim 13, Pi fails to disclose the holder rib extends longer toward the sub intake hole. However, Jeong discloses that the projection portion 110 (fig. 3) extends from the peripheral wall towards regions adjacent to where air is introduced into the humidifier, and that the extent of the projecting portion along the circumference is selected to interact with incoming air flow and guide it upwards (fig. 5). It would have been obvious to one of ordinary skill in the art at the time the invention was made to configure the protruding holder rib of Pi, as modified by Jeong, to extend longer toward the sub intake hole in order to more effectively intercept and guide mist admitted through the sub intake hole, because adjusting the length or extent of a protruding guide structure toward an intake region is a routine design optimization that yields predictable result of improved mist capture and directional control.
Claims 18, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Pi CN 211600985 U, September 29, 2020 (hereinafter “Pi”), Funatsu and Lee, in view of claim 8, in further view of Ediger et al. U.S. Pub. No. 20200378635 A1, December 03, 2020 (hereinafter “Ediger”).
Pi is relied upon as above.
Regarding claim 18, Pi fails to discloses a downwardly extending holder support formed on the lower surface of the tank holder. Ediger discloses a humidifier including a support structure 306 (fig 5) extending downward from a tank (paragraph 0026), wherein the support structure functions to support and stabilize the holder relative to a lower guide or base structure. It would be obvious to one of ordinary skill in the art at the time the invention was made to modify the tank of Pi to include a downwardly extending holder support, in order to support the tank relative to the sub guide or lower structure, to improve stability and component alignment.
Regarding claim 19, Pi fails to disclose that the sub guide comprises a support rest recessed downward, allowing the holder support to be placed thereon. Ediger discloses a humidifier including a support interface formed as a recessed portion 210 (fig. 2, paragraph 0026) in a guide or base structure, wherein the recessed portion 210 is configured to receive and support a downwardly extending support member of an upper component (fig. 5, paragraph 0032). Ediger further discloses that such recessed support rests are provided to securely set and stabilize a support member while maintaining alignment (paragraph 0006). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the sub guide of Pi to include a downwardly recessed support rest in order to receive and support the holder support extending downward from the tank holder to improve alignment and resistance to lateral movement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRIAM N EZELUOMBA whose telephone number is (571)272-0110. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 5712707872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.N.E./Examiner, Art Unit 1776
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776