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 4-10 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.
With regards to claim 4, “the second portion” in the second to last line lacks antecedent basis.
Dependent claims are rejected for the same reasons as the claims from which they depend.
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) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshikawa et al. (JP2019/30030)(English machine translation).
With regards to claim 1, Yoshikawa et al. teaches a diffuser (X) comprising a body forming an exterior (decorative cover 8); a base (formed by first case 5, second case 6, and fan case 7) inserted and fixed into the body (as shown in fig 1 and 2) and having a through portion formed on one surface thereof (a flow path shown by XA and XB; fig 1 and 2); and an aroma container coupled to the base (aroma tank 1), wherein the base includes a cover (valve 4) rotatably provided on the through portion, and an internal space of the body (inside between the tank 1 and the valve 4) and an internal space of the base (inside; through the blow out port 3) are selectively communicated with each other as the cover is rotated (the function of the valve) (abstract; fig 1 and 2; see whole document).
With regards to claim 2, the base further comprises a coupling portion (cap portion 52 and shaft holding portion 53; where the base part 5 connects with the tank 1; fig 1, 2, 8; para [0022]), the coupling portion is formed at a position facing the through portion (faces the flow path), and the aroma container is coupled to the base through the coupling portion.
With regards to claim 3, Yoshikawa et al. teaches a fan module (fan 2 in fan case 7) coupled to a position corresponding to at least a portion of a first portion of the through portion on one surface of the base to form flow of air (right side portion at XA)(fig 1 and 2).
With regards to claim 4, the diffuser further has a flow path member (side wall narrowed potion 56 and/ or tubular portion 62, blowout passage portion 63) provided inside the body to guide the flow of air formed by the fan module, wherein the flow path member is provided at a position in communication with the second portion of the (left side at XB) of the through portion on one surface of the base (para [0023]; [0026]-[0027]; fig 1 and 2).
With regards to claim 5, the cover includes a first cover (42), a second cover (43), and a rotating shaft (41), the first cover is provided at a position to the second portion or a remaining portion of the second portion and the first portion (as part of the device it corresponds in some way), and the rotating the rotating shaft is between the first cover and the second cover (fig 1 and 2; para [0021]).
With regards to claim 7, a weight of the first cover (42) is less than a weight of the second cover (43) (to allow the autoclose when no air flow is occurring; para [0023]; fig 1 and 2).
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.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa et al. (JP2019/30030)(English machine translation).
With regards to claim 6, Yoshikawa et al. does not address the area covered by the first and second covers. A person having ordinary skill in the art would have found it obvious to have sized the flow paths and thus the covers as desired in order to get the desired flow volume, rate, and other flow characteristics as desired.
With regards to claim 9, Yoshigawa et al. teaches a protrusion (rib not shown) provided at an appropriate location to restrict the opening direction and angle range of the open valve (para [0021]). Yoshigawa et al. does not specify that the protrusion is on the second cover. A protrusion on either an inner wall of the flow path member (56) or on the second cover (43) would restrict the opening angle range. A person having ordinary skill in the art would have found it obvious to have placed the protrusion (rib) in either location motivated by an expectation of limiting the open angle range as desired.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa et al. (JP2019/30030)(English machine translation) as applied to claim 5 and further in view of Verdelet (US 4,601,459).
With regards to claim 8, Yoshigawa et al. does not teach the claimed structure of the second cover and a rotation preventing portion. Verdelet teaches an improved valve that includes a rabbet (peripheral groove) on the edge of the cover that mates with a stop (valve seat 6) to form a valve seal in a rotating valve (column 8, lines 7-26 and 43-45; fig 4 and 5).
A person having ordinary skill in the art would have found it obvious to have used a step (peripheral rabbet) and a rotation preventing portion contacting the step (directly or indirectly via seals) to limit rotation motivated by an expectation of successfully allowing a rotational or butterfly valve to properly seat and seal.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa et al. (JP2019/30030)(English machine translation) as applied to claim 4 and further in view of Hanai et al. (WO 2019/038949).
With regards to claim 10, Yoshikawa et al. teaches that the body further includes a discharge port (air outlet 3 and cylindrical potion 62; para [0026; fig 1 and 2) connecting the outside of the body and the flow path member through one surface of the body.
Yoshigawa et al. does not teach an opening and closing member as claimed. Hanai et al. teaches an airflow vapor addition device (humidifier) and teaches that the flow path can be opened and closed by means of a front louver (7) installed in a front outlet (3) and a rear louver (8) installed in a rear outlet (4) (see paragraphs [0024]-[0026], and figure 5). A person having ordinary skill in the art would have found it obvious to have added louvers in order to control the airflow. The combination results in an opening and closing member as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD R SPAMER whose telephone number is (571)272-3197. The examiner can normally be reached Monday to Friday from 9-5.
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799