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 .
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 1-19 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 1 is vague and indefinite wherein it recites “a heating water tank which is disposed below the water tank, and heats water supplied from the water tank”, but provides no “means” by which heating of the water can occur. While the statute may not require a specific type of heating means be specified, within an apparatus claim there should at least be a “heating means” commensurate in scope with the disclosure that will provide for the function set forth in the claim.
Claim 1 is also vague and indefinite wherein it recites “a humidifying water tank which is disposed below the water tank, and generates humidified air by using water supplied from the heating water tank”, but provides no “means” by which the generation of the humidified air can occur. While the statute may not require a specific type of humidifying means be specified, within an apparatus claim there should at least be a “humidifying means” commensurate in scope with the disclosure that will provide for the function set forth in the claim.
In claim 8, “the heating chamber” and “the humidification chamber” both lack antecedent basis.
In claim 17, the second line of the claim does not make sense based on the dependency of the claim on claim 16. Apparently, the phrase, “water level of the humidifying water tank” should be replaced by --a water level of the heating water tank--.
Claim 18 is vague and indefinite wherein it recites “a heating water tank which forms a heating chamber for heating water therein”, but provides no “means” by which heating of the water can occur. While the statute may not require a specific type of heating means be specified, within an apparatus claim there should at least be a “heating means” commensurate in scope with the disclosure that will provide for the function set forth in the claim.
Claim 18 is also vague and indefinite wherein it recites “a humidifying water tank which is disposed in one side of the heating water tank, is connected to the heating water tank, and generates humidified air by using water supplied from the heating water tank”, but provides no “means” by which the generation of the humidified air can occur. While the statute may not require a specific type of humidifying means be specified, within an apparatus claim there should at least be a “humidifying means” commensurate in scope with the disclosure that will provide for the function set forth in the claim.
Claim 19 is vague and indefinite wherein it recites “a heating water tank which is disposed below the water tank, and heats water supplied from the water tank”, but provides no “means” by which heating of the water can occur. While the statute may not require a specific type of heating means be specified, within an apparatus claim there should at least be a “heating means” commensurate in scope with the disclosure that will provide for the function set forth in the claim.
Claim 19 is also vague and indefinite wherein it recites “a humidifying water tank which is disposed below the water tank, and generates humidified air by using water supplied from the heating water tank”, but provides no “means” by which the generation of the humidified air can occur. While the statute may not require a specific type of humidifying means be specified, within an apparatus claim there should at least be a “humidifying means” commensurate in scope with the disclosure that will provide for the function set forth in the claim.
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.
Claims 1-3, 6, 7, 9, 10, and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by KR 0143844 B1.
KR 0143844 B1 (Fig. 1; the entire English machine translation) discloses a humidifier including a water storage tank (110), a heating water tank (120) with heating means (121), humidifying water tank (140) with humidifying (atomizing) means (141), a connecting pipe (130) providing water flow from the heating water tank to the humidifying water tank, and a floating valve (170,171) within the heating water tank, the floating valve controlling the water levels within the heating water tank and humidifying water tank via switch means (sw2) in conjunction with valve means (A) in the connection pipe (claims 1, 9, and 17). The apparatus also includes an air flow pipe at the top of the heating water tank that connects the gaseous regions of the heating water tank and the humidifying water tank (claim 18). An exhaust pipe (150) extends from the top side of the humidifying water tank to allow for discharge of the humidified air (claim 19), the lower end of the exhaust pipe being above the floating valve and the highest level of the water in the humidifying water tank (claims 6 and 7). The connection pipe (130) is disposed below the floating valve (170,171) (claim 2) with the holes in the water heating tank and the water humidifying tank that connect to the ends of the connection pipe are disposed lower than the floating valve (claim 3). A temperature sensor is disposed within the heating water tank to control the operation of the valve within the connection pipe (claim 10) (see Abstract of English machine translation). The interior wall to the right of the floating valve anticipates applicant’s inner wall, in which the floating valve is movable up and down, the downward movement restricted by the inner horizontal, lower wall (claims 14 and 15), and the walls to the outside of the heating water tank anticipate applicant’s outer wall, as recited by instant claim 12. The water storage tank is above the inner wall (claim 16). The heater (121) is within the lower portion of the outer wall of the water heating tank, with the inner wall extending above the level of the heater (claim 13).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, 5, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over KR 0143844 B1.
KR 0143844 B1 (Fig. 1; the entire English machine translation) substantially discloses applicant’s invention as recited by instant claims 4, 5, 8, and 11, except for specific elevations of the discharge and inlet holes from the heating water tank and to the humidifying water tank, the slope of the connection pipe and the placement of the temperature sensor within the heating water tank. One having an ordinary level of skill in the art at the time of the filing of the application, would have found the specific placements of the ends of the connection pipe, and its requisite slope, and the placement of the temperature sensor within the heating water tank relative to the discharge hole therefrom, to have been entirely obvious engineering design choices, that would have been dictated by the spatial confines within the overall housing of the device, the skilled artisan being fully cognizant of differential pressure heads within the apparatus that would influence such placements during the design and construction of the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00.
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/C.S.B/1-9-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776