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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/29/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 2-8, 10-16, and 18-20 are objected to because of the following informalities: Claims 2-8, 10-16, and 18-20 should begin with the article “The.” Appropriate correction is required.
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.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rabin et al (US 2009/0220222).
Regarding claim 1, Rabin discloses a vaporization apparatus that is placed within a surrounding environment to vaporize liquid into the surrounding environment, comprising:
at least one liquid source (Fig. 6 #612 wick extension);
a plurality of vaporization ports (Fig. 6 #412 one or more orifices) formed at predetermined locations in a structure, each of the vaporization ports (Fig. 6 #412 one or more orifices) comprising a single through hole (The ports are shown to have a hole.), having predetermined lateral dimensions (Each port will have a general lateral dimension.), that is in fluid communication with the liquid source (Fig. 6 #612 wick extension) on a first side of the structure (Shown in the figure below) and the surrounding environment on a second side of the structure (Shown in the figure below), wherein fluid is transported from the first side of the structure (Shown in the figure below) to the second side of the structure (Shown in the figure below) through the through hole;
a plurality of heating elements (Fig. 6 #104 electric resistance heater) formed on the second side of the structure and disposed around the plurality of vaporization ports (Fig. 6 #412 one or more orifices), the plurality of heating elements (Fig. 6 #104 electric resistance heater) being electrically connected to enable one or more of the heating elements (Fig. 6 #104 electric resistance heater) to be powered when connected to a power supply (Fig. 8 #804 power supply), wherein sufficient heat from the heating elements (Fig. 6 #104 electric resistance heater) applied to the fluid transported through the structure releases vapor into the surrounding environment (Abstract).
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Regarding claim 9, Rabin discloses a vaporizing structure, for use with a vaporization apparatus that is placed within a surrounding environment to vaporize a liquid from a liquid source into the surrounding environment, the vaporizing structure comprising:
a plurality of vaporization ports (Fig. 6 #412 one or more orifices) formed at predetermined locations in a structure, each of the vaporization ports (Fig. 6 #412 one or more orifices) comprising a single through hole (The ports are shown to have a hole.), having predetermined lateral dimensions (Each port will have a general lateral dimension.), that is adapted to transport a fluid from a first side of the structure (Shown in the figure below) to a second side of the structure (Shown in the figure below);
a plurality of heating elements (Fig. 6 #104 electric resistance heater) formed on the second side of the structure and disposed around the plurality of vaporization ports (Fig. 6 #412 one or more orifices), the plurality of heating elements (Fig. 6 #104 electric resistance heater) being electrically connected to enable one or more of the heating elements (Fig. 6 #104 electric resistance heater) to be powered when connected to a power supply (Fig. 8 #804 power supply), wherein sufficient heat from the heating elements (Fig. 6 #104 electric resistance heater) applied to a fluid that is to be transported through the structure releases vapor into the surrounding environment (Abstract).
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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(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabin et al (US 2009/0220222) as applied to claim 1, in view of Gruenbacher et al (US 2015/0367356).
Regarding claim 2, Rabin teaches the apparatus as appears above (see the rejection of claim 1), but does not teach wherein one or more of the heating elements may be selectively powered for a time duration when connected to a power supply.
Nonetheless, Gruenbacher teaches wherein one or more of the heating elements may be selectively powered for a time duration when connected to a power supply ([0074] lines 1-6 ---" Referring to FIG. 10, the microprocessor supplies firing pulses having a fire time (denoted t.sub.FIRE) to a heating element 134. In some embodiments as shown in FIG. 10, a plurality of individual heating elements are fired sequentially (1, 2, 3, 4, etc), with an interposed delay time (denoted t.sub.DELAY), in a sequence referred to as a burst.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the selective powering of the one or more heaters of Rabin by incorporating the burst operation of the one or more heaters as taught by Gruenbacher for the benefit of delivering vapor at a desired frequency.
Regarding claim 3, Rabin in view of Gruenbacher teaches the apparatus as appears above (see the rejection of claim 1), and Gruenbacher teaches wherein one or more of the heating elements may be pulsed for a time duration when connected to a power supply ([0074] lines 1-6 ---" Referring to FIG. 10, the microprocessor supplies firing pulses having a fire time (denoted t.sub.FIRE) to a heating element 134. In some embodiments as shown in FIG. 10, a plurality of individual heating elements are fired sequentially (1, 2, 3, 4, etc), with an interposed delay time (denoted t.sub.DELAY), in a sequence referred to as a burst.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the selective powering of the one or more heaters of Rabin by incorporating the burst operation of the one or more heaters as taught by Gruenbacher for the benefit of delivering vapor at a desired frequency.
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabin et al (US 2009/0220222) as applied to claim 1, in view of Hierholzer, Jr. et al (US 3,846,726).
Regarding claim 4, Rabin teaches the apparatus as appears above (see the rejection of claim 1), but does not teach wherein at least some of the plurality of heating elements are thin-film resistive heating elements.
Nonetheless, Hierholzer, Jr. in the same field of endeavor being electric resistive heating devices teaches wherein at least some of the plurality of heating elements (Fig. 3 #22 electrical resistance heater) are thin-film resistive heating elements (Col. 2 lines 47-49 ---" Referring to FIG. 3, the electrical resistance heater 22 comprises a thin flexible film 40 and a thin flexible metallic resistance element 42 bonded to the film 40.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating element of Rabin by incorporating the thin-film resistive heating elements as taught by Hierholzer, Jr. for the benefit of providing an electrical resistance heater which is particularly economical to construct. (Hierholzer, Jr. Col. 1 para. 5)
Regarding claim 5, Rabin in view of Hierholzer, Jr. teaches the apparatus as appears above (see the rejection of claim 4), and Hierholzer, Jr. teaches wherein the thin-film resistive heating elements (Fig. 3 #22 electrical resistance heater) are connected by electrode leads (Fig. 1 #s 26 and 28 leads) that are adapted to be connected to the power supply.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating element of Rabin in view of Hierholzer, Jr. by incorporating the leads as taught by Hierholzer, Jr. for the benefit of providing an electrical connection to a power supply.
Regarding claim 6, Rabin in view of Hierholzer, Jr. teaches the apparatus as appears above (see the rejection of claim 5), and Hierholzer, Jr. teaches wherein the electrode leads (Show in the figure below) are connected to electrical connection pads (Show in the figure below) that are adapted to be connected to the power supply.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating element of Rabin in view of Hierholzer, Jr. by incorporating the electrical connection pads as taught by Hierholzer, Jr. for the benefit of providing an electrical connection to a power supply.
Regarding claim 7, Rabin in view of Hierholzer, Jr. teaches the apparatus as appears above (see the rejection of claim 5), and Hierholzer, Jr. teaches wherein at least some of the electrical leads have a lower electrical resistance compared to at least some of the heating elements (Claim 4 ---"A bimetal actuator comprising an elongated bimetal strip having a thin, flexible, electrical resistance heater bonded to the high expansion side thereof, said heater comprising a thin elongated strip of insulating film lying longitudinally along the high expansion side of said bimetal strip and a thin, flexible, metallic, electrical resistance element bonded to one side of said film, the other side of said film being bonded to said bimetal element, said flexible insulating film including end portions thereof extending laterally from said bimetal strip, said electrical resistance element having a high resistance portion comprising a thin, long, relatively narrow, metallic strip lying in a generally serpentine pattern with elongated transversely extending and closely spaced parallel portions joined by short portions, and relatively wide integral end portions extending laterally from said bimetal strip and bonded to said laterally extending film portions, thereby to provide integral flexible leads of relatively low resistance.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have at least some of the electrical leads having a lower electrical resistance compared to at least some of the heating elements, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabin et al (US 2009/0220222) as applied to claim 1, in view of Cooper et al (US 2001/0045424).
Regarding claim 8, Rabin teaches the apparatus as appears above (see the rejection of claim 1), but does not teach wherein the plurality of heating elements are connected in a series and parallel combination.
Nonetheless, Cooper in the same field of endeavor being electric resistive heating devices teaches wherein the plurality of heating elements (Fig. 6 #s12a-12c thin film heater conductor elements) are connected in a series and parallel combination (Shown in Fig. 6).
Nonetheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the plurality of heating elements being connected in a series and parallel combination, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 V. C.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabin et al (US 2009/0220222) as applied to claim 9, in view of Gruenbacher et al (US 2015/0367356).
Regarding claim 10, Rabin teaches the structure as appears above (see the rejection of claim 9), but does not teach wherein one or more of the heating elements may be selectively powered for a time duration when connected to a power supply.
Nonetheless, Gruenbacher teaches wherein one or more of the heating elements may be selectively powered for a time duration when connected to a power supply ([0074] lines 1-6 ---" Referring to FIG. 10, the microprocessor supplies firing pulses having a fire time (denoted t.sub.FIRE) to a heating element 134. In some embodiments as shown in FIG. 10, a plurality of individual heating elements are fired sequentially (1, 2, 3, 4, etc), with an interposed delay time (denoted t.sub.DELAY), in a sequence referred to as a burst.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the selective powering of the one or more heaters of Rabin by incorporating the burst operation of the one or more heaters as taught by Gruenbacher for the benefit of delivering vapor at a desired frequency.
Regarding claim 11, Rabin in view of Gruenbacher teaches the structure as appears above (see the rejection of claim 10), and Gruenbacher teaches wherein one or more of the heating elements may be pulsed for a time duration when connected to a power supply ([0074] lines 1-6 ---" Referring to FIG. 10, the microprocessor supplies firing pulses having a fire time (denoted t.sub.FIRE) to a heating element 134. In some embodiments as shown in FIG. 10, a plurality of individual heating elements are fired sequentially (1, 2, 3, 4, etc), with an interposed delay time (denoted t.sub.DELAY), in a sequence referred to as a burst.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the selective powering of the one or more heaters of Rabin by incorporating the burst operation of the one or more heaters as taught by Gruenbacher for the benefit of delivering vapor at a desired frequency.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabin et al (US 2009/0220222) as applied to claim 9, in view of Hierholzer, Jr. et al (US 3,846,726).
Regarding claim 12, Rabin teaches the structure as appears above (see the rejection of claim 9), but does not teach wherein at least some of the plurality of heating elements are thin-film resistive heating elements.
Nonetheless, Hierholzer, Jr. in the same field of endeavor being electric resistive heating devices teaches wherein at least some of the plurality of heating elements (Fig. 3 #22 electrical resistance heater) are thin-film resistive heating elements (Col. 2 lines 47-49 ---" Referring to FIG. 3, the electrical resistance heater 22 comprises a thin flexible film 40 and a thin flexible metallic resistance element 42 bonded to the film 40.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating element of Rabin by incorporating the thin-film resistive heating elements as taught by Hierholzer, Jr. for the benefit of providing an electrical resistance heater which is particularly economical to construct. (Hierholzer, Jr. Col. 1 para. 5)
Regarding claim 13, Rabin in view of Hierholzer, Jr. teaches the structure as appears above (see the rejection of claim 12), and Hierholzer, Jr. teaches wherein the thin-film resistive heating elements (Fig. 3 #22 electrical resistance heater) are connected by electrode leads (Fig. 1 #s 26 and 28 leads) that are adapted to be connected to the power supply.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating element of Rabin in view of Hierholzer, Jr. by incorporating the leads as taught by Hierholzer, Jr. for the benefit of providing an electrical connection to a power supply.
Regarding claim 14, Rabin in view of Hierholzer, Jr. teaches the structure as appears above (see the rejection of claim 13), and Hierholzer, Jr. teaches wherein the electrode leads (Show in the figure below) are connected to electrical connection pads (Show in the figure below) that are adapted to be connected to the power supply.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating element of Rabin in view of Hierholzer, Jr. by incorporating the electrical connection pads as taught by Hierholzer, Jr. for the benefit of providing an electrical connection to a power supply.
Regarding claim 15, Rabin in view of Hierholzer, Jr. teaches the structure as appears above (see the rejection of claim 13), and Hierholzer, Jr. teaches wherein at least some of the electrical leads have a lower electrical resistance compared to at least some of the heating elements (Claim 4 ---"A bimetal actuator comprising an elongated bimetal strip having a thin, flexible, electrical resistance heater bonded to the high expansion side thereof, said heater comprising a thin elongated strip of insulating film lying longitudinally along the high expansion side of said bimetal strip and a thin, flexible, metallic, electrical resistance element bonded to one side of said film, the other side of said film being bonded to said bimetal element, said flexible insulating film including end portions thereof extending laterally from said bimetal strip, said electrical resistance element having a high resistance portion comprising a thin, long, relatively narrow, metallic strip lying in a generally serpentine pattern with elongated transversely extending and closely spaced parallel portions joined by short portions, and relatively wide integral end portions extending laterally from said bimetal strip and bonded to said laterally extending film portions, thereby to provide integral flexible leads of relatively low resistance.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have at least some of the electrical leads having a lower electrical resistance compared to at least some of the heating elements, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabin et al (US 2009/0220222) as applied to claim 9, in view of Cooper et al (US 2001/0045424).
Regarding claim 16, Rabin teaches the structure as appears above (see the rejection of claim 9), but does not teach wherein the plurality of heating elements are connected in a series and parallel combination.
Nonetheless, Cooper in the same field of endeavor being electric resistive heating devices teaches wherein the plurality of heating elements (Fig. 6 #s12a-12c thin film heater conductor elements) are connected in a series and parallel combination (Shown in Fig. 6).
Nonetheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the plurality of heating elements being connected in a series and parallel combination, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 V. C.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabin et al (US 2009/0220222) as applied to claim 9, in view of Gruenbacher et al (US 2015/0367356).
Regarding claim 17, Rabin discloses a vaporization apparatus that is placed within a surrounding environment to vaporize liquid into the surrounding environment, comprising:
at least one liquid source (Fig. 6 #612 wick extension);
a plurality of vaporization ports (Fig. 6 #412 one or more orifices) formed at predetermine locations in a structure, each of the vaporization ports (Fig. 6 #412 one or more orifices) comprising a single through hole (The ports are shown to have a hole.), having predetermined lateral dimensions (Each port will have a general lateral dimension.), that is in fluid communication with the liquid source (Fig. 6 #612 wick extension) on a first side of the structure (Shown in the figure below) and the surrounding environment on a second side of the structure (Shown in the figure below), wherein fluid is transported from the first side of the structure (Shown in the figure below) to the second side of the structure (Shown in the figure below) through the through hole;
at least one heating element (Fig. 6 #104 electric resistance heater) formed on the second side of the structure (Shown in the figure below) and disposed around the plurality of vaporization ports (Fig. 6 #412 one or more orifices), and wherein sufficient heat from the heating element (Fig. 6 #104 electric resistance heater) applied to the fluid transported through the structure releases vapor into the surrounding environment (Abstract).
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However, Rabin does not disclose wherein the at least one heating element may be selectively powered for a time duration.
Nonetheless, ([0074] lines 1-6 ---" Referring to FIG. 10, the microprocessor supplies firing pulses having a fire time (denoted t.sub.FIRE) to a heating element 134. In some embodiments as shown in FIG. 10, a plurality of individual heating elements are fired sequentially (1, 2, 3, 4, etc), with an interposed delay time (denoted t.sub.DELAY), in a sequence referred to as a burst.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the selective powering of the one or more heaters of Rabin by incorporating the burst operation of the at least one heater as taught by Gruenbacher for the benefit of delivering vapor at a desired frequency.
Regarding claim 18, Rabin in view of Gruenbacher teaches the apparatus as appears above (see the rejection of claim 17), and Gruenbacher teaches wherein the at least one heating element may be pulsed for a time duration when connected to a power supply ([0074] lines 1-6 ---" Referring to FIG. 10, the microprocessor supplies firing pulses having a fire time (denoted t.sub.FIRE) to a heating element 134. In some embodiments as shown in FIG. 10, a plurality of individual heating elements are fired sequentially (1, 2, 3, 4, etc), with an interposed delay time (denoted t.sub.DELAY), in a sequence referred to as a burst.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the selective powering of the at least one heater of Rabin by incorporating the burst operation of the one or more heaters as taught by Gruenbacher for the benefit of delivering vapor at a desired frequency.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabin et al (US 2009/0220222) in view of Gruenbacher et al (US 2015/0367356) as applied to claim 17, further in view of Hierholzer, Jr. et al (US 3,846,726).
Regarding claim 19, Rabin in view of Gruenbacher teaches the apparatus as appears above (see the rejection of claim 17), but does not teach wherein the at least one heating element is a thin-film resistive heating element.
Nonetheless, Hierholzer, Jr. teaches wherein at least one heating element (Fig. 3 #22 electrical resistance heater) is a thin-film resistive heating element (Col. 2 lines 47-49 ---" Referring to FIG. 3, the electrical resistance heater 22 comprises a thin flexible film 40 and a thin flexible metallic resistance element 42 bonded to the film 40.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating element of Rabin in view of Gruenbacher by incorporating the thin-film resistive heating element as taught by Hierholzer, Jr. for the benefit of providing an electrical resistance heater which is particularly economical to construct. (Hierholzer, Jr. Col. 1 para. 5)
Regarding claim 20, Rabin in view of Gruenbacher and Hierholzer, Jr. teaches the apparatus as appears above (see the rejection of claim 19), and Hierholzer, Jr. teaches wherein the thin-film resistive heating element (Fig. 3 #22 electrical resistance heater) is connected by at least one electrode lead (Fig. 1 #s 26 and 28 leads) that is adapted to be connected to the power supply.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating element of Rabin in view of Gruenbacher and Hierholzer, Jr. by incorporating the leads as taught by Hierholzer, Jr. for the benefit of providing an electrical connection to a power supply.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOE E MILLS JR./Examiner, Art Unit 3761