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 1-21 are pending.
Drawings
The drawings are objected to under 37 CFR 1.84(l) because character of lines, numbers, and letters. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference number 70d. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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:
Heating element in claim 1.
Movable cartridge detecting element in claim 1.
Heating element source in claim 1.
Heating source in claim 1.
Biasing element in claim 13
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. All elements are disclosed through applicants’ specification and figures and will be understood as being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Examiner notes that the biasing element is not showing the correct element in figure 5 (see above drawing objection) and should indicate to the biasing elements of 70d, understood being springs.
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 § 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 1-21 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.
Claim 1 recites the limitation "the heating element source" in line 13. There is insufficient antecedent basis for this limitation in the claim. It appears that this could be referencing either the heating element or the power source, but it is unclear.
Claim 1 recites the limitation "the heating source" in line 14. There is insufficient antecedent basis for this limitation in the claim. It appears that this could be referencing either the heating element, the heating element source, or the power source, but it is unclear.
Claim 7 recites the limitation "the sidewalls" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "vaporized repellant" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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) 1-6, 9-16, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Westphal (U.S. 2017/0209612).
With respect to claim 1, Westphal discloses a portable insect repelling (figures 1-3 and 18, paragraph 0043 utilizing insecticide) device comprises:
a body (figures 1-3, the body of air freshener 30, having body 42, 70, and 34) including a top portion (lid 34) and a bottom portion (bottom of 70 (where 198 is) and below),
the top portion including an opening (the vents 58) in fluid communication with an interior of the body (fluid communication via airflow);
the bottom portion including:
a bottom wall (bottom wall of 42, see figure 10, with the recess going into the bottom wall) including a recess formed therein (figure 18, the recess within 42, as the body has a recess going down inside the body);
a cartridge adapter (the cartridge holder 118) configured to releasably secure a cartridge (cartridge 154 with cartridge holder 74) including insect repellant (paragraph 0043);
a heating element (202) positioned adjacent to the cartridge adapter (figure 18, positioned adjacent to 74);
a movable cartridge detecting element (figure 15, 198, paragraph 0052) configured to contact the cartridge (paragraphs 0052-0053, via insertion of the cartridge into the cartridge holder into the device) when the cartridge is mounted in the recess (as shown in figure 18);
a power source (paragraph 0046 and 0048, from 186) electrically connected to the heating element (paragraphs 0049 and 0052) and operable to selectively activate the heating element source (via the switch being engaged, paragraph 0052),
wherein the heating source is activated based on a position of the cartridge detecting element (paragraph 0052).
With respect to claim 2, Westphal discloses the top portion and the bottom portion are integrated (as shown in figure 1, where when assembled the two elements are integrated together into one body).
With respect to claim 3, Westphal discloses the top potion includes a top wall (figure 18, top wall of 34) and sidewall extending downward therefrom to the bottom wall (the sidewall of 34 extending down the sides thereof).
With respect to claim 4, Westphal discloses the opening is formed in the top wall (vents of 58).
With respect to claim 5, Westphal discloses the opening is formed in the sidewall (the vent
being in the sidewall).
With respect to claim 6, Westphal discloses the opening includes a plurality of slots formed in the sidewall (being the vents of 58).
With respect to claim 9, Westphal discloses a middle portion (the middle portion being at where 38 is located) positioned between the upper portion and the lower portion (see figure 18).
With respect to claim 10, Westphal discloses the lower portion includes a control circuit (PCB 190) configured to selectively activate the heating element (paragraphs 0046-0049).
With respect to claim 11, Westphal discloses at least one contact electrically connected to the control circuit (the contacts connected to the PCB 190, see figure 14).
With respect to claim 12, Westphal discloses the cartridge adapter includes a rod (rod of 210), movably mounted in the bottom portion (as shown in figure 18, being within the walls within 70) and movable from a closed position (where 198 engages 74), in which the rod is in contact with the cartridge (74 engages 198) and the at least one contact (the electrical contact that then goes to 190, see figure 14 and 18) and allows an electrical connection between the power source and the heating element (paragraphs 0046-0049 and 0052) and an open position (where 74 is not in contact) in which the rod is separated from the contact and prevents electrical connection between the power source and the heating element (paragraphs 0046-0049 and 0052).
With respect to claim 13, Westphal discloses a biasing element (figure 15, between the base of 198 and that of 210, understood being by the hinge so that the switch can reset without 74 being moved off the top of it, though not specifically disclosed it is understood the switch has some element that returns it to its open position when no pressure is applied) mounted in the lower portion and configured to bias the rod in the open position (as shown in figure 15’s open position).
With respect to claim 14, Westphal discloses an input device operably connected to the control circuit (the input from 108 to 190), wherein the control circuit activates the heating element based on input information provided by the input device (based on the input sent from the switches electrical contact to the PCB).
With respect to claim, Westphal discloses the cartridge adapter includes a rod (210), movably mounted in the bottom portion and movable from a closed position (paragraphs 0046-0049 and 0052), in which the rod is in contact with the cartridge and the at least one contact and allows an electrical connection between the power source and the heating element (paragraphs 0046-0049 and 0052) and an open position in which the rod is separated from the contact and prevents electrical connection between the power source and the heating element (paragraphs 0046-0049 and 0052) and the control circuit activates the heating element based on the input information and position of the rod (being that the rod has completed the circuit and told the PCB to activate the heater).
With respect to claim 16, Westphal discloses an indicator mounted in the body (194) and configured to indicate activation of the heating element (paragraph 0046).
With respect to claim 19, Westphal discloses a charging circuit (where 186 plugs into) electrically connected to the power source (186) and configured to recharge the power source (bringing charge to 186).
With respect to claim 20, Westphal a charging port (the port formed by 174) configured for connection to an external power source (when the device is inserted to be powered) and electrically connected to the charging circuit (allowing the device to charge and be powered).
Claim(s) 1, 17-18, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown (U.S. 2002/0181946).
With respect to claim 1, Brown discloses a portable insect repelling device (figure 1, paragraph 0015) comprises:
a body (figure 1, the body of 1, having 1 and 9) including a top portion (top portion of 1) and a bottom portion (bottom portion of 1),
the top portion including an opening (opening at 6) in fluid communication with an interior of the body (as shown in figure 1, as 6 opens up into the interior of 1);
the bottom portion including:
a bottom wall (bottom wall of 1 about 3) including a recess formed therein (the recess being the space within 1 and 9);
a cartridge adapter (8) configured to releasably secure a cartridge (50) including insect repellant (paragraph 0015); a heating element (2) positioned adjacent to the cartridge adapter (being adjacent and above 8); a movable cartridge detecting element (20) configured to contact the cartridge when the cartridge is mounted in the recess (paragraphs 0062-0066);
a power source electrically connected to the heating element (paragraph 0057) and operable to selectively activate the heating element source (paragraph 0057 and 0062-0066), wherein the heating source is activated based on a position of the cartridge detecting element (paragraphs 0073-0076, where the selecting means acts as a switch, where the container contacts them activated the heating unit).
With respect to claim 17, Brown discloses wherein the heating element is positioned adjacent a top of the cartridge (as shown in figure 1) and configured to heat repellant from the cartridge to vaporize the repellant (abstract).
With respect to claim 18, Brown discloses a passage formed in the top portion (passageway within the top of 1) to provide fluid communication from the cartridge to the opening which is formed in a top wall of the top portion to allow vaporized repellant to exit the housing (allowing the fluid from 2 to pass through 1 and out through 6).
With respect to claim 21, Brown discloses the heating element is ring shaped (figure 1, as 2 is a ring about the wick 52) and configured to receive a wick (52) extending from a top of the cartridge to heat repellant in the wick (as shown in figure 1).
Claim Rejections - 35 USC § 103
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 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(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westphal.
With respect to claim 7, Westphal discloses the body, having a sidewall, a top wall, a bottom wall, and the body, but fails to disclose the body includes four sides and the sidewalls extend from the top wall to the bottom wall on four sides of the body.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the housing of Westphal to a square instead of circular (and thus having 4 sidewalls), since the change of a shape is a matter of design choice which a person of ordinary skill in the art would have found obvious absent any persuasive evidence that the particular configuration of the claimed structure was significant. MPEP 2144.04.
With respect to claim 8, Westphal as modified discloses the slots are formed in each sidewall of the four sidewalls (as the slots are spaced about all sides of the housing, about its entire perimeter).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752