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 § 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 1,2 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by KR reference(KR0143844B1).
KR reference in figure 1 teaches a humidifier comprising a heating water tank(water tank 102 with heater humidifier 120) which heats water, a humidifying water tank(ultrasonic humidifier 140) which is connected to the heating water tank, and generates humidified air by using water supplied from the heating water tank, a connection pipe(flow passage 130) which sends water stored in the heating water tank to the humidifying water tank, and a blowing fan(blowing fan 190) which forms airflow around the connection pipe.
With regards to claim 2, KR reference further teaches a water tank cover(bottom of overall humidifier housing in figure 1) in which a heat exchange chamber where the connection pipe(130) is disposed is formed, wherein air flowing by the blowing fan flows to the heat exchange chamber(noting airflow by blowing fan 190 provides heat exchange to flow passage 130).
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.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Chinese reference(CN108105926A) taken together with KR reference(KR10-2013-0092093A).
Chinese reference in figure 1 teaches a humidifier comprising a heating water tank(heating chamber 6 filled with water, noting heating plate 4) which heats water, a humidifying water tank(atomizing chamber 16 with ultrasonic oscillator 17) which is connected to the heating water tank(connection through filter valve 5), and generates humidified air by using water supplied from the heating water tank, and a blowing fan(fan 1) which forms airflow. Chinese reference is silent as to a connection pipe which sends water stored in the heating water tank to the humidifying water tank. KR reference in figure 1 teaches a humidifier including a water tank(3), the water tank supplying water to a humidifying water tank(atomization tank 8), the humidifying water tank connected to the water tank, and a connection pipe(water flow path 6) which sends water stored in the water tank to the humidifying water tank. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a connection pipe in place of the filter valve(5) of Chinese reference in order to provide a water pipe for transferring water stored in the heating water tank(6) of Chinese reference to the humidifying water tank(16) of Chinese reference. Examiner further notes the limitations “which forms airflow around the connection pipe” is an intended function for the claimed blowing fan and are not given patentable weight for prior art analysis.
Allowable Subject Matter
Claims 3-16 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.
Claim 3 recites “wherein the air flowing by the blowing fan flows into the humidifying water tank.”. .”. Chinese reference (CN108105926A) taken together with KR reference(KR10-2013-0092093A) teaches a blowing fan for blowing air into a humidification chamber above a humidifying water tank, however Chinese reference (CN108105926A) taken together with KR reference(KR10-2013-0092093A) does not teach or suggest wherein the air flowing by the blowing fan flows into the humidifying water tank . Claims 4-10 depend on claim 3 and hence would also be allowable upon incorporation of claim 3 into claim 1.
Claim 11 recites “further comprising an air supply pipe which supplies air flowing by the blowing fan to the humidifying water tank, wherein a heat exchange chamber in which a portion of the connection pipe is disposed is formed inside the air supply pipe.”. Chinese reference (CN108105926A) taken together with KR reference(KR10-2013-0092093A) teaches an air supply pipe(10 in Chinese reference) which supplies air by a blowing fan to a humidification chamber above a humidifying water tank, however Chinese reference (CN108105926A) taken together with KR reference(KR10-2013-0092093A) does not teach or suggest further comprising an air supply pipe which supplies air flowing by the blowing fan to the humidifying water tank, wherein a heat exchange chamber in which a portion of the connection pipe is disposed is formed inside the air supply pipe.
Claim 12 recites “wherein the blowing fan that forms air flow is disposed in one side of the air supply pipe, and the other side of the air supply pipe is connected to the inside of the humidifying water tank.”. Chinese reference (CN108105926A) taken together with KR reference(KR10-2013-0092093A) teaches a blowing fan that forms air flow is disposed in one side of an air supply pipe, however Chinese reference (CN108105926A) taken together with KR reference(KR10-2013-0092093A) does not teach or suggest the other side of the air supply pipe is connected to the inside of the humidifying water tank. Claims 13-16 depend on claim 12 and hence would also be allowable upon incorporation of claim 12 into claim 1.
Claims 17-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 17 recites “A humidifier , comprising: a cover having a suction port at one side and a discharge port above the suction port; a filter which is disposed inside the cover, and filters air flowing into the suction port; a water tank which is disposed inside the cover, and forms a space in which water is stored; a heating water tank which is disposed below the water tank, and heats water received from the water tank; a humidifying water tank which is disposed in one side of the heating water tank, and receives water from the heating water tank to generate humidified air; a water tank cover which is disposed spaced apart to the inside of the cover, and forms a space where the heating water tank and the humidifying water tank are disposed therein; a connection pipe which supplies water from the heating water tank to the humidifying water tank; and a blowing fan which is disposed below the water tank cover in the inside of the cover, and sends air flowing into the suction port to the discharge port, wherein a blowing passage through which air rising by the blowing fan flows is formed between the water tank cover and the cover, wherein a cover inlet into which a portion of air flowing in the blowing passage is flowed is formed in the water tank cover.”.
Chinese reference in figure 1 teaches a humidifier comprising a cover having a suction port and a discharge port, a water tank(water storage tank 14) disposed inside the cover, and forms a space in which water is stored, a heating water tank(heating chamber 6 filled with water, noting heating plate 4) disposed within the water tank which heats water, a humidifying water tank(atomizing chamber 16 with ultrasonic oscillator 17) disposed on one side of the heating water tank, which is connected to the heating water tank(connection through filter valve 5), and generates humidified air by using water supplied from the heating water tank, and a blowing fan(fan 1) which forms airflow. Chinese reference is silent as to a connection pipe which sends water stored in the heating water tank to the humidifying water tank. KR reference in figure 1 teaches a humidifier including a water tank(3), the water tank supplying water to a humidifying water tank(atomization tank 8), the humidifying water tank connected to the water tank, and a connection pipe(water flow path 6) which sends water stored in the water tank to the humidifying water tank. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a connection pipe downstream of the filter valve(5) of Chinese reference in order to provide a water pipe for transferring water stored in the heating water tank(6) of Chinese reference to the humidifying water tank(16) of Chinese reference.
However Chinese reference (CN108105926A) taken together with KR reference(KR10-2013-0092093A) does not teach or suggest a water tank cover which is disposed spaced apart to the inside of the cover, and forms a space where the heating water tank and the humidifying water tank are disposed therein, and a blowing fan which is disposed below the water tank cover in the inside of the cover, and sends air flowing into the suction port to the discharge port, wherein a blowing passage through which air rising by the blowing fan flows is formed between the water tank cover and the cover, wherein a cover inlet into which a portion of air flowing in the blowing passage is flowed is formed in the water tank cover. Claims 18 and 19 depend on claim 17 and hence are also allowed.
Claim 20 recites “a humidifier , comprising : a water tank; a heating water tank which heats water supplied from the water tank; a humidifying water tank which generates humidified air by using water supplied from the heating water tank; a connection pipe connecting the heating water tank and the humidifying water tank; an air supply pipe which is connected to one side of the humidifying water tank, and supplies air to the humidifying water tank; and a blowing fan which is disposed in one side of the supply pipe , and forms an air flow inside the supply pipe, wherein a portion of the connection pipe is disposed to penetrate the inside of the supply pipe.”.
Chinese reference in figure 1 teaches a humidifier comprising a water tank(water storage tank 14) , a heating water tank(heating chamber 6 filled with water, noting heating plate 4) disposed within the water tank which heats water, a humidifying water tank(atomizing chamber 16 with ultrasonic oscillator 17) which is connected to the heating water tank(connection through filter valve 5), and generates humidified air by using water supplied from the heating water tank, an air supply pipe connected to a humidifcation chamber , and a blowing fan(fan 1) disposed in one side of the supply pipe. Chinese reference is silent as to a connection pipe which sends water stored in the heating water tank to the humidifying water tank. KR reference in figure 1 teaches a humidifier including a water tank(3), the water tank supplying water to a humidifying water tank(atomization tank 8), the humidifying water tank connected to the water tank, and a connection pipe(water flow path 6) which sends water stored in the water tank to the humidifying water tank. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a connection pipe downstream of the filter valve(5) of Chinese reference in order to provide a water pipe for transferring water stored in the heating water tank(6) of Chinese reference to the humidifying water tank(16) of Chinese reference.
However Chinese reference (CN108105926A) taken together with KR reference(KR10-2013-0092093A) does not teach or suggest an air supply pipe connected to one side of the humidifying water tank, and supplies air to the humidifying water tank, and wherein a portion of the connection pipe is disposed to penetrate the inside of the supply pipe.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 18/537,047 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because current claim 1 includes limitations identical to limitations of claim 1 of 18/537,047, with a difference of a blowing fan, wherein a blowing fan is common in the humidifier art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT A HOPKINS whose telephone number is (571)272-1159. The examiner can normally be reached Mon-Thurs 6am-4pm.
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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
March 10, 2026