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 .
Specification
The disclosure is objected to because of the following informalities: 1) on line 1 of paragraph [0008], applicant should insert “KR” before the prior art document number to clarify the citation; 2) on line 1 of paragraph [0009], applicant should insert “KR” before the prior art document number to clarify the citation; and 3) on line 2 of paragraph [0009], “mummified” should apparently be replaced by --humidified--.
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 1-13 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.
In claim 1, line 6, “a air flow path” does not make grammatical sense. As such, “a” should be replaced by --an-- before “air flow path”.
Also, in claim 1, on line 9 of the claim, “downstream” should apparently be replaced by --upstream-- to clarify that the humidified air stream is separated from the air flow path prior to the point of humidification and well upstream of the point of discharge from the device.
In claim 10, the phrase, “a bucket cover between which and the case the discharge opening is formed” does not make sense.
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, 7, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Tamaru et al.
Tamaru et al (Figs. 1 and 7; Abstract) disclose a humidifier having a case with an intake opening in communication with a fan (3) that provides an unhumidified air flow through air flow path (17) that surrounds a humidified air flow that flows through humidified flow path (16), the unhumidified air flow and the humidified air flows being combined at a discharge outlet grill (15 in Fig. 7) (claims 1-3, 7, 17, and 18). The humidified air flow is formed by an atomizing ultrasonic oscillator (12) that sprays water mist into the humidified air flow path (16).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Tamaru et al.
Tamaru et al (Figs. 1 and 7; Abstract) as applied above substantially disclose applicant’s invention as set forth in instant claim 8, except for the discharge grille wing extending slantingly downward toward the center of the case. Wherein the discharge grille (15) of the reference clearly includes inner and outer wing portions that extend from the plane of the discharge opening toward the center of the casing of the apparatus, it would have been obvious for an artisan at the time of the filing of the application, to modify the shape of the discharge grille of the reference, to be downwardly slanting, if desired, since such would provide for point that would allow for easy disengagement of any droplets that collect on the discharge grille, thereby facilitating a clear flow path for the outlet streams from the grille.
Allowable Subject Matter
Claims 14-16 are allowed.
The prior art of record fails to disclose or suggest the apparatus as recited by independent claim 14, including the humidification flow path that is formed between the case and the water reservoir to surround at least part of the water reservoir and extend toward the discharge opening along the direction in which the water reservoir extends. Claims 15 and 16 would be allowable based upon their dependency upon an allowable claim 14.
Claims 19 and 20 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 prior art of record fails to disclose the humidified air path surrounding the water reservoir and the air flow path surrounding the humidified air path of claim 19. The prior art also fails to disclose or suggest the auxiliary fan and controller of instant claim 20.
Claims 4-6, and 9-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art of record fails to disclose or suggest the flow paths surrounding the water reservoir, as recited by dependent claims 4 and 11; the reservoir and bucket cover of claims 9 and 10; and the auxiliary fan of claim 12.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 571-270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.S.B/1-10-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776