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 .
Response to Amendment
Amendments submitted on 1/16/26 include amendments to the claims. Claims 1-20 are pending. Claims 1-13, 15-17 have been amended. Claims 18-20 are newly added.
Response to Arguments
Applicant's arguments filed 1/16/26 have been fully considered and are found to be persuasive. However, a new ground of rejection is made in view of Lai (US20210277589).
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.
Claim 3 is 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.
The term “near a top of the flow chamber” in claim 3 is a relative term which renders the claim indefinite. The term “near a top of the flow chamber” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what distance to the top of the flow chamber is being claimed.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3-11, 13, 15-16, 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lai (US20210277589).
Regarding claims 1, 3, 5 and 15, Lai teaches a steamer is provided for creating steam from a liquid (see abstract), the steamer comprising: a reservoir 28 capable of storing the liquid (see paragraph [0089], figure 6); a pump 40 capable of pumping the liquid from the reservoir 28 (see paragraph [0089], figure 6); a steam generation assembly, the steam generation assembly comprising (i) a film heating element 58/60 (see abstract, paragraph [0068], figures 9-10); and (ii) a flow chamber 80, 82 positioned adjacent to the film heating element, 58/60 where the flow chamber 80, 82 including a liquid inlet 72 capable of receiving the liquid pumped by the pump 40 (see abstract, paragraphs [0068]-[0070], figures 12-21) and at least one winding, or back-and-forth fluid pathways (reads on claim 5) extending from the liquid inlet 72, wherein the pump 40 pumps the liquid through the at least one winding, or back-and-forth fluid pathway such that the liquid is heated by the adjacent film heating element 58/60 and converted to steam (see figures 12, 17-18, paragraphs [0068]-[0070]) (reads on claim 1); one or more steam outlets 48 positioned adjacent to a top of the flow chamber 80, 82 and configured to discharge steam produced in the winding, or back-and-forth fluid pathway (see paragraphs [0074]-[0076], figures 1-4, 6-8, 12, 26, 29-30) (reads on claim 3); a temperature control regulator 68 capable of regulating a temperature of the film heating element 58/60 (see paragraph [0079], figure 9); a power supply 22, 26 configured to provide power to the film heating element 58/60 (see paragraphs [0066], [0068], figures 1-4) (reads on claim 15).
Regarding claims 4 and 16, Lai teaches the limitations of claims 1 and 15. Lai also teaches in paragraphs [0069]-[0070], figures 12-21 that substantially an entire length of the at least one fluid pathway is positioned adjacent to the film heating element 58/60 such that liquid flowing through the at least one fluid pathway is heated along substantially the entire length of the at least one fluid pathway.
Regarding claim 6, Lai teaches the limitations of claim 1. Lai also teaches that the winding, or back-and-forth fluid pathway includes dual pathways (see e.g. flow in opposing directions, as shown in figure 12) extending from the liquid inlet 72 such that liquid flows in opposing directions through the dual pathways while being heated by the film heating element 58/60 and converted to steam (see figures 12, 17-18, paragraphs [0068]-[0070]).
Regarding claims 8-11, 18-20, Lai teaches a steam generation assembly (see abstract), the steam generation assembly comprising: a film heating element 58/60 (see abstract, paragraph [0068], figures 9-10); a flow chamber 80, 82 positioned adjacent to the film heating element 58/60, the flow chamber 80, 82 including a liquid inlet 72 and a winding, or back-and-forth fluid pathway (reads on claim 10) extending from the liquid inlet 72 through which liquid is able to flow while being heated by the film heating element 58/60 and converted to steam, wherein substantially an entire length of the fluid pathway is positioned adjacent to the film heating element (see abstract, paragraphs [0068]-[0070], figures 12-21); and one or more steam outlets 48 fluidly coupled to the winding, or back-and-forth fluid pathway (see paragraphs [0074]-[0076], figures 1-4, 12, 26, 29-30) (reads on claims 8 and 18); a temperature control regulator 68 capable of regulating a temperature of the film heating element 58/60 (see paragraph [0079], figure 9) (reads on claim 9); substantially an entire length of the winding, or back-and-forth fluid pathway is positioned adjacent to the film heating element 58/60 (see paragraphs [0069]-[0070], figures 12-21) (reads on claim 19); the winding, or back-and-forth fluid pathway includes dual pathways (see e.g. flow in opposing directions, as shown in figure 12) extending from the liquid inlet 72 such that liquid flows in opposing directions through the dual pathways while being heated by the film heating element 58/60 and converted to steam (see figures 12, 17-18, paragraphs [0068]-[0070]) (reads on claims 11 and 20).
Regarding claims 7 and 13, Lai teaches the limitations of claims 1 and 9. Lai also teaches in figures 13-19, 21, paragraph [0068], a mounting member 62 coupled with the flow chamber 80, 82 and the film heating element 58/60 and the temperature control regulator 68 secured against the mounting member 62 on the side opposing the film heating element 58/60.
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.
Claims 2, 12, 14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lai (US20210277589) as applied to claims 1 and 8, and further in view of Chen et al. (EP3613895A1).
Regarding claims 2, 12, Lai teaches the limitations of claims 1 and 8. Lai teaches in figures 13-16 and paragraph [0069] that the flow chamber 80, 82 is a flat metal plate having the at least one fluid pathway therein. Lai does not explicitly teach that the fluid pathway is stamped on the metal plate. Chen et al. teaches a steamer (see abstract, paragraph [0003]) and that the bottom plate 103 may be of a metal material and that stamping on the metal plate allows for easy and cost-effective manufacturing (see paragraphs [0022], [0043]-[0044]). Since both Lai and Chen et al. teach steamers it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention that the flow chamber in the system by Lai may be of metal material with the fluid pathway stamped thereon so as to allow for easy and cost-effective manufacturing, as shown to be known and conventional by Chen et al.
Regarding claims 14 and 17, Lai teaches the limitations of claims 8 and 15. Lai teaches in figures 1-2, 4, 6, paragraph [0066], a handle 20 and a layer (see e.g. 18 or any of the parts disposed between 44 and 20, as shown in figure 6) positioned on at least one side of the steam generation assembly capable of preventing heat loss and heat transfer to the handle 20 of the steamer. Lai does not teach the sheet of insulation comprising silicone. Chen et al. teaches a steamer (see abstract, paragraph [0003]) and a sheet of silicone 106 positioned on a side of the steam generation assembly capable of preventing heat loss (see paragraphs [0006] and [0049]). Since both Lai and Chen et al. teach steamers it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention that silicone may be used as insulation material on a side of the steam generation assembly in the system by Lai so as to provide the expected reduction in heat transfer, as shown to be known and conventional by Chen et al. Furthermore, it has been determined that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TINSAE B AYALEW/EXAMINER, Art Unit 1711