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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/16/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1, 3, and 5 are objected to because of the following informalities:
In Claim 1 Line 12, “the water drainage” should be revised to “the drainage” to ensure using terminology that is consistent with what is used elsewhere throughout the claims.
In Claim 3 Line 3, “containing the micronized water” should be revised to “containing micronized water” in the claim to ensure clarity in the claim.
In Claim 3 Line 5, “equal to the humidity threshold” should be revised to “equal to a humidity threshold” to ensure clarity in the claim.
In Claim 5 Line 6, “during the micronization” should be revised to “during micronization” to ensure clarity in the claim.
In Claim 5 Line 9, “regardless of the determination result” should be revised to “regardless of a determination result” to ensure clarity in the claim.
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:
The “remaining water amount acquirer” in Claim 1, which is essentially equivalent to stating a “device for acquiring a remaining water amount” and thus is equivalent to using a generic placeholder coupled with functional language without reciting structure; and
The “transition determiner” in Claims 1-5, which is essentially equivalent to stating a “device for determining a transition” and thus is equivalent to using a generic placeholder coupled with functional language without reciting structure.
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.
However, a review of the specification shows that the written description fails to clearly link or associate the disclosed structure, material, or acts to the claimed function such that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function for the “remaining amount acquirer” in Claim 1 and the “transition determiner” in Claims 1-5.
Paragraph 0052 of the Specification merely states “Remaining water amount acquirer 30a acquires information of first water level sensor 18a and information of second water level sensor 18b as information on a remaining water amount of water storage 14. Remaining water amount acquirer 30a may acquire information of humidity sensor 21 instead of water level sensor 18 as information on the remaining water amount of water storage 14, or may acquire both water level sensor 18 and humidity sensor 21. Remaining water amount acquirer 30a outputs the acquired information to transition determiner 30b.”
Paragraph 0053 of the Specification merely states “Transition determiner 30b determines the transition of the remaining water amount of water storage 14 based on the information about the remaining water amount of water storage 14 acquired by remaining water amount acquirer 30a. For example, when the information acquired from first water level sensor 18a transitions from off to on, it is determined that the remaining water amount in water storage 14 has transitioned from less than the full water threshold to equal to or more than the full water threshold. In other words, it is determined that water storage 14 is in the full tank state. Further, when the information acquired from second water level sensor 18b transitions from on to off, it is determined that the water level of the remaining water amount of water storage 14 has transitioned from equal to or more than the remaining water amount threshold to less than the remaining water amount threshold. In other words, it is determined that water storage 14 is in the water-shortage state. Transition determiner 30b specifies control contents for water supply valve 15b or drain valve 16b based on the determination result, and outputs the control contents to drainage timer 30c and water supply/drain controller 30d”.
Figure 5 merely shows remaining water amount acquirer #30a and transition determiner #30b as blocks on a diagram that are part of controller #30. It is not clear if remaining water amount acquirer #30a is a component of a controller that is equivalent to an input or if it is something else. It is not clear if transition determiner #30b is a component of a controller that is equivalent to a processor or if it something else. For the purpose of examination, the examiner will interpret the remaining water amount acquirer in Claim 1 and the transition determiner in Claims 1-5 as best understood to be portions of a controller and equivalents thereof.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
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.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-6 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.
Claim 1 fails the written description requirement because the “remaining water amount acquirer” in Claim 1 and “transition determiner” in Claims 1-5 do not correspond to any specific structure that is disclosed in the Specification. The “remaining water amount acquirer” and “transition determiner” are shown in Fig. 5 as merely being blocks on a diagram that are part of controller #30, and the terms “acquirer” and “determiner” are not explicitly known as structures to one of ordinary skill in the art. Thus, the written description fails to disclose the corresponding structure, material, or acts for performing the entered claimed functions of the “remaining water amount acquirer” in Claim 1 and “transition determiner” in Claims 1-5 and to clearly link the structure, material, or acts to the claimed functions.
Claims 2-6 depend from Claim 1, therefore Claims 2-6 are also rejected under 35 U.S.C. 112(a) for failing the written description requirement.
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 1 is indefinite because the claim limitations “remaining water amount acquirer” in Claim 1 and “transition determiner” in Claims 1-5 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Paragraph 0052 of the Specification merely states “Remaining water amount acquirer 30a acquires information of first water level sensor 18a and information of second water level sensor 18b as information on a remaining water amount of water storage 14. Remaining water amount acquirer 30a may acquire information of humidity sensor 21 instead of water level sensor 18 as information on the remaining water amount of water storage 14, or may acquire both water level sensor 18 and humidity sensor 21. Remaining water amount acquirer 30a outputs the acquired information to transition determiner 30b.”
Paragraph 0053 of the Specification merely states “Transition determiner 30b determines the transition of the remaining water amount of water storage 14 based on the information about the remaining water amount of water storage 14 acquired by remaining water amount acquirer 30a. For example, when the information acquired from first water level sensor 18a transitions from off to on, it is determined that the remaining water amount in water storage 14 has transitioned from less than the full water threshold to equal to or more than the full water threshold. In other words, it is determined that water storage 14 is in the full tank state. Further, when the information acquired from second water level sensor 18b transitions from on to off, it is determined that the water level of the remaining water amount of water storage 14 has transitioned from equal to or more than the remaining water amount threshold to less than the remaining water amount threshold. In other words, it is determined that water storage 14 is in the water-shortage state. Transition determiner 30b specifies control contents for water supply valve 15b or drain valve 16b based on the determination result, and outputs the control contents to drainage timer 30c and water supply/drain controller 30d”.
Figure 5 merely shows remaining water amount acquirer #30a and transition determiner #30b as blocks on a diagram that are part of controller #30. It is not clear if remaining water amount acquirer #30a is a component of a controller that is equivalent to an input or if it is something else. It is not clear if transition determiner #30b is a component of a controller that is equivalent to a processor or if it something else.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
For the purpose of examination, the examiner will interpret the remaining water amount acquirer in Claim 1 and the transition determiner in Claims 1-5 as best understood to be portions of a controller and equivalents thereof.
Claims 2-6 depend from Claim 1, therefore Claims 2-6 are also rejected under 35 U.S.C. 112(b) for being indefinite since Claim 1 is indefinite.
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 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO-2020209130-A1 to Fukumoto et al. (“Fukumoto”).
As to Claim 1, Fukumoto discloses a liquid micronization apparatus (See #1 in Figs. 1-2) comprising:
a water storage (#14) that stores water to be micronized (See Page 4 Paragraph 5);
a water supplier (#15) that supplies water to the water storage (See Page 4 Paragraph 6);
a drainage (#16) that drains water stored in the water storage (See Page 5 Paragraph 2);
a remaining water amount acquirer (#30a, which is an input of controller #30) that acquires a remaining water amount of the water storage (See Page 8 Paragraph 6 and See Fig. 5. #30a is an input of controller #30 that acquires signals from #31, #18, #32, #33, and #34. #18 is a water level detection unit having a float switch #18a, therefore #30a acquires a remaining water amount in #14.);
a transition determiner (#30d, which is a processor of controller #30) that determines a transition from a value greater than or equal to a remaining water amount threshold to a value less than the remaining water amount threshold based on the remaining water amount acquired by the remaining water amount acquirer (See Fig. 5 and Page 8 Paragraphs 6-10. #30d is a processor that gets information from input #30a, including a determination of #18a turning between an on and off setting per Page 4 Paragraph 7. The threshold is a full water level where the switch is on, and a transition below the threshold is a non-full water level when the switch is off.); and
a water supply/drain controller (#30e, which is an output of controller #30) that drains all water stored in the water storage by the water drainage (See Page 5 Paragraph 6 disclosing that the controller controls the drainage operation, therefore output #30e of #30 operates to drain water stored in #14 via #16) and supplies water to the water storage by the water supplier in a state where the water storage does not have water when the transition determiner determines the transition (See Page 11 Paragraph 1 disclosing water being surely drained and returning to step S02 and See Page 9 Paragraphs 5-6 disclosing filling water in #14 by the controller, therefore #30e operates to supply water to #14 by #15 when #14 is empty and the water switch is in an off state).
As to Claim 2, in reference to the liquid micronization apparatus of Fukumoto as applied to Claim 1 above, Fukumoto further discloses comprising a water level sensor (#18) that detects a water level of the water storage (See Page 4 Paragraph 7),
wherein when the water level detected by the water level sensor has transitioned from a value greater than or equal to the remaining water amount threshold to a value less than the remaining water amount threshold, the transition determiner determines that the water level has transitioned from a value greater than or equal to the remaining water amount threshold to a value less than the remaining water amount threshold (See Fig. 5 and See Page 5 Paragraph 8 and Page 8 Paragraphs 6-10. When #18a transitions from an on state to an off state, the processor #30d determines that the transition has occurred).
As to Claim 3, in reference to the liquid micronization apparatus of Fukumoto as applied to Claim 1 above, Fukumoto further discloses the liquid micronization apparatus comprising a humidity sensor (#32) that detects humidity of air blown out from an outlet (#3) through which air containing the micronized water is blown out (See Page 8 Paragraph 6. #32 senses air a humidity in indoor air, and indoor air includes air containing micronized water blown out from #3),
wherein when the humidity detected by the humidity sensor has transitioned from a value greater than or equal to the humidity threshold to a value less than the humidity threshold, the transition determiner determines that a water level has transitioned from a value greater than or equal to the remaining water amount threshold to a value less than the remaining water amount threshold (See Page 3 Paragraphs 1-4, Page 10 Paragraph 1, and Page 12 Paragraphs 1-4. When #32 detects a humidity below a target humidity, the processor #30d subsequently can determine a state of the water level switch during feedback control steps).
As to Claim 4, in reference to the liquid micronization apparatus of Fukumoto as applied to Claim 1 above, Fukumoto further discloses the liquid micronization apparatus comprising a drainage timer (#30c, which is a timekeeping unit of #30 shown in Fig. 5) that measures a time elapsed from a start of the drainage (See Page 8 Paragraphs 9-10),
wherein when the time measured by the drainage timer is longer than or equal to a time threshold, the water supply/drain controller stops the drainage and supplies water to the water storage by the water supplier regardless of a determination result of the transition determiner (See Page 10 Paragraph 5 – Page 11 Paragraph 4. When time a threshold of time T8 has been exceeded, drainage is stopped when water is surely drained, and water is subsequently supplied to #14).
As to Claim 5, in reference to the liquid micronization apparatus of Fukumoto as applied to Claim 4 above, Fukumoto further discloses wherein the drainage includes
a drain hole (#16a) for draining water from the water storage (See Page 6 Paragraph 1) and
a drain valve that opens and closes the drain hole (See Page 6 Paragraph 6 disclosing a vortex that causes a gap #25 that acts to open and close #16a. The gap #25 shown in Fig. 3 is equivalent to a drain valve)
wherein the water supply/drain controller,
when the transition determiner determines the transition during the micronization, always brings the drain valve into an open state (See Page 11 Paragraph 1 disclosing that when T8 has not elapsed, the drainage occurs, thus #25 is in an open state. See Page 15 Paragraphs 1-4 disclosing that when the water supply process is completed, motor #11 begins rotating, which closes the drain valve, therefore the drain valve is open during states when the transition has been determined during micronization), and
when the time measured by the drainage timer is longer than or equal to the time threshold, brings the drain valve into a closed state regardless of the determination result of the transition determiner (See Page 11 Paragraph 1 disclosing that when T8 passes and water is surely drained, the drainage is ended, thus gap #25 acts to close #16a) .
As to Claim 6, in reference to the liquid micronization apparatus of Fukumoto as applied to Claim 5 above, Fukumoto further discloses the liquid micronization apparatus comprising:
a cylindrical water pumping pipe (#9) that has a vertically downward water pumping port (#9a) and discharges water suctioned from the water storage at the water pumping port in a centrifugal direction in accordance with rotation (See Page 6 Paragraphs 1-2); and
a collision wall (#8) to which the water discharged from the water pumping pipe collides to be micronized (See Page 6 Paragraph 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O 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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/KEVIN EDWARD SCHWARTZ/Primary Examiner, Art Unit 3752 July 28, 2026
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