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 .
Status of Claims
Currently claims 1-13 are pending.
Claim Objections
Claim 3 objected to because of the following informalities: “the the push button” which should read “the push button” in lines 10-11. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: adjusting mechanism in claim 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-2 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wright (U.S. 2017/0291181).
With respect to claim 1, Wright discloses an electrostatic generation device for an atomizer (abstract, title), comprising a housing (figure 1, #110), a water outlet pipe (figures 1-3, the pipe/conduit about 205/305 in which fluid is flowing within and sprayed from within), a fan (figure 2, #200) that blows air towards the water outlet pipe (as shown in the cut view of 2, as the fan blows air towards that of 205), a motor (paragraph 00037, being an electric motor powered by the battery) that drives the fan (paragraph 0037) to rotate, a water tank (125), and a power supply (paragraph 0037, the indicated battery) that supplies power to the motor (paragraph 0037), wherein a guide tube (305 itself) is fixedly installed inside the water outlet pipe (figure 2 and 3) for directing water away from the fan (200), an end of the guide tube (305 end away from 200) away from the fan (200) is provided with an air outlet (shown in figure 3 between 310 and 305), and a conductive valve core (core of valve 310 of 410) is movably set inside the guide tube (figure 3, movable via 315) that can and is configured to move along a length of the guide tube (305 has 410 and 310 moving within) and adjust a size of the air outlet (as shown in figure 3, as 310 moves relative to the end plate), an end of the conductive valve core (end of 310) away from the air outlet (being the outlet formed at the end of the 305) of the guide tube (305) is provided with a high voltage lead (figure 4, 405) that is electrically connected to the power supply (paragraph 0006-0007 discloses the use of only the one lithium ion battery, see also claim 1 of Wright).
With respect to claim 2, Wright discloses an end of the conductive valve core away from an outlet of the guide tube (as shown in figure 4, 405 being away from 310) is provided with a second spring that drives the conductive valve core to move towards a direction of the air outlet of the guide tube (figure 15, discloses an electrode assembly for the electrode that has a spring at the end, the noted electrodes being in the ring of the nozzle housing, paragraph 0054).
With respect to claim 11, Wright discloses the housing is provided with a grounding wire (paragraph 0049, noted placed in the handle)), the grounding wire is positioned so that when a user grasps the housing, the grounding wire contacts the user's hand (paragraph 0049).
With respect to claim 12, Wright discloses n electrostatic generation device for an atomizer (abstract, title), comprising a housing (figure 1, #110), a water outlet pipe (figures 1-3, the pipe/conduit about 205/305 in which fluid is flowing within and sprayed from within), a fan (#200) that blows air towards the water outlet pipe (as shown in figure 2), a motor (electric motor of the fan, paragraph 0037) that drives the fan (paragraph 0037) to rotate, a water tank (125), an electrostatic generator (paragraph 0007, the electrostatic module), and a power supply (battery paragraph 0037) that supplies power to the motor (paragraph 0037), characterized in that, wherein a guide tube (305) is fixedly installed inside the water outlet pipe (housing about 305) for directing water away from the fan (200), an end of the guide tube end of 305) away from the fan (200) is provided with an air outlet (the air outlet between the nozzle outlet and that of 305), and a water outlet (the nozzle outlet); one pole of the electrostatic generator (being the electrode shown in figure 15 of 1510, being in the ring 405 in figure 4) contacts the liquid to charge the liquid (paragraph 0040, being the charge ring), and a manner of contact with the liquid is at least one of the following:
one pole of the electrostatic generator is connected inside the water tank, contacting and charging the liquid;
one pole of the electrostatic generator is connected at the water outlet, contacting and charging the liquid (shown in figure 4 at the outlet); and
(3) one pole of the electrostatic generator is connected inside a pipe between the water tank and the water outlet, contacting and charging the liquid.
With respect to claim 13, Wright discloses n electrostatic generation device for an atomizer (abstract, title), comprising a housing (figure 1, #110), a water outlet pipe (figures 1-3, the pipe/conduit about 205/305 in which fluid is flowing within and sprayed from within), a fan (#200) that blows air towards the water outlet pipe (as shown in figure 2), a motor (electric motor of the fan, paragraph 0037) that drives the fan (paragraph 0037) to rotate, a water tank (125), an electrostatic generator (paragraph 0007, the electrostatic module), and a power supply (battery paragraph 0037) that supplies power to the motor (paragraph 0037), characterized in that, wherein a guide tube (305) is fixedly installed inside the water outlet pipe (housing about 305) for directing water away from the fan (200), an end of the guide tube end of 305) away from the fan (200) is provided with an air outlet (the air outlet between the nozzle outlet and that of 305), and a water outlet (the nozzle outlet); an electrode of the electrostatic generator (51) contacts the liquid (figure 4, paragraph 0040), the a second electrode of the electrostatic generator does not contact the liquid (being the grounding, paragraph 0049), and a connection location of the second electrode is at least one of the following: (1) the second electrode of the electrostatic generator is connected at a handle, contacting the a user (paragraph 0049); (2) the second electrode of the electrostatic generator is connected on a sharp needle in front of the water outlet; and (3) the second electrode of the electrostatic generator is connected on an electrostatic ring outside the water outlet.
Allowable Subject Matter
Claims 3-10 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. Note the above claim objection to claim 3.
The following is a statement of reasons for the indication of allowable subject matter: The prior art failed to disclose, the water outlet pipe is provided with a pressure tube that connects to the water tank, the guide tube is provided with an inlet pipe that connects to the water tank, the an end of the inlet pipe away from the guide tube is located at a bottom inside the water tank , the housing is provided with a control switch for controlling the opening and closing of the fan and the water outlet pipe , the control switch includes comprises a push button for controlling the opening and closing of the fan and a button for driving an adjusting mechanism to move, the housing is provided with a sliding slot for engaging the push button and allowing the push button to reciprocate along its a length direction of the push button, a rotating rod is fixedly installed inside the housing, the button is rotatably mounted on the rotating rod , a first end of the button is located below the push button , and a second end of the button abuts the adjusting mechanism , the a lower end of the push button is fixedly provided with a fixed rod , an upper end surface of the button away from the adjusting mechanism is provided with a notch for engaging the fixed rod , the push rod button is configured to move along a length direction of the sliding slot towards a direction of the button and, by pressing the button , allow the button to rotate around the rotating rod so that the notch on the button rotates upwards around the rotating rod and engages on the fixed rod.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752
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