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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 2/5/2024. It is noted, however, that applicant has not filed a certified copy of the Chinese application as required by 37 CFR 1.55.
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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2022/0314264).
With regards to claim 1, Lee teaches a split-type microporous direct-injection aromatherapy machine, comprising a base (104), a shell (106) and an atomizing module (102) arranged between the base and the shell (partially inside both), wherein a connecting mechanism (upper part of 104 with notch) is arranged on the base, and the shell and the base are connected with each other through the connecting mechanism (bottom part of 106 with notch/post; also connect using these through the atomizer 102 which sits on the base); and the base is provided with a slot (opening at top of 104 with a shelf near 118/120 where the atomizing module 102 goes in and sits on), and the atomizing module is detachably inserted into the slot (removable); the atomizing module is electrically connected with the base (using connectors 118 and 120; para [0035])), and the shell can cover a lower part of the atomizing module (covers most of the atomizer and includes covering a lower part when the lower part is so defined as a part that is covered); (fig 2 and 5; abstract).
With regards to claim 2, the atomizing module includes a liquid storage bottle (110) and a liquid guide tube (111) that is positioned below and communicated with the bottle (supplies the liquid to the outlet); the base comprises an upper mounting stand (upper compartment of 104 with the slot opening), the slot is arranged in the upper mounting stand (opening at top), and the liquid guide tube can be inserted into the slot (into 108 which sits in the slot) (fig 2).
With regards to claim 3, the liquid guide tube comprises a connecting part (upper part of 102 with threads) and a liquid guide part (bottom part of tube 111) which are connected with each other; the liquid guide part protrudes from a side of the connecting part (bottom side), and the connecting part is communicated with the interior of the liquid guide part (connects bottle to tube to outlet); an inner wall of the connecting part is provided with an internal thread (see fig 2), a bottle mouth of the liquid storage bottle is provided with an external thread (see fig 2 showing threads), and the liquid storage bottle is screwed into the connecting part through the external thread (fig 2).
Allowable Subject Matter
Claims 4-10 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art is Lee as discussed above.
With regards to claim 4, Lee does not teach the snap ring arrangement as claimed. There is no teaching or motivation to arrive at the claimed arrangement within the claim environment.
Wit regards to claim 5, Lee does not teach the claimed arrangement of components. There is no teaching or motivation to arrive at the claimed arrangement within the claim environment.
Claims 6-8 depend on claim 4 and are indicated for at least the same reasons.
With regards to claim 9, Lee teaches the shell (106) and the base (104) with the upper mounting stand both individually attach to the atomizing module (102). This allows the shell to move between an open dispensing position (when protrusion 154 is in groove 156) to a closed position (when in groove 158) while the atomizer remains firmly seated in the base (see corresponding ridges and grooves at bottom of 102/top of 104; fig 5). Claim 9 differs in that it requires the shell directly attaching to the base via protrusion and grooves. This would not allow the taught open and closing function of Lee. There is no teaching or motivation to arrive at the claimed arrangement within the claim environment.
Claim 10 depends from claim 9 and is indicated for at least the same reasons.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at (571)272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799
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