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 .
Drawings
The amendment filed 17 April 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “ultrasonic atomizer.” While the term “atomizer” is recited in para. 0003 of the original specification, there is no support for “ultrasonic atomizer.” The term “ultrasonic” should be removed from the drawing.
Specification
The amendment filed 17 April 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “ultrasonic atomizer.” While the term “atomizer” is recited in para. 0003 of the original specification, there is no support for “ultrasonic atomizer.” The term “ultrasonic” should be removed from the specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2 and 4-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1, 2, 5, 6, and 8 have been amended to replace “atomization module” with “ultrasonic atomizer.” There is no support for the limitation “ultrasonic atomizer” in the original disclosure. While ultrasonic atomizers are generally known in the art, the is no clear indication in the original disclosure that “atomization module” as interpreted under 35 U.S.C. 112(f) incorporated this structure. It is noted, however, that the original disclosure does use the term “atomizer” (see para. 0002), and further one of ordinary skill in the art would understand that an “atomization module” is an atomizer. The Examiner thus suggests removing the term “ultrasonic” from the claims in order to maintain the scope of the original disclosure.
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 1-2 and 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.
Claim 1 recites the limitation “wherein the ultrasonic atomizer in the shutdown state detects whether the humidifier currently receives a manually input startup command, and reduces the vibration threshold based on preset amplitude.” As written, it is unclear whether the step “reduces the vibration threshold based on preset amplitude” is performed as a result of detecting “whether the humidifier currently receives a manually input startup command” or whether it is performed regardless of whether a manually input startup command is received or not. For clarity, the Examiner suggests amending the full limitation to read: “wherein the ultrasonic atomizer in the shutdown state detects whether the humidifier currently receives a manually input startup command, and, in response to detecting that the humidifier currently receives a manually input startup command, reduces the vibration threshold based on preset amplitude.”
Allowable Subject Matter
Claims 1-2 and 4-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) and (b) set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
As per independent claim 1, Applicant has properly incorporated the allowable subject matter of original claim 3 as indicated in the previous office action.
Response to Arguments
Applicant’s arguments regarding replacing “atomization module” with “ultrasonic atomizer” are not persuasive. See corresponding objections/rejections above.
Applicant has properly incorporated the allowable subject matter of original claim 3 into independent claim 1. Note however the corresponding rejection under 35 U.S.C. 112(b) set forth above, which must be addressed.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC E NORMAN whose telephone number is (571)272-4812. The examiner can normally be reached 8:00-4:30 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC E NORMAN/Primary Examiner, Art Unit 3763
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