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 1-12 are pending and claim 1, 4, 6-8, and 11 are amended.
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 9-10 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 9 recites the limitation "the central body” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the gripping elements" in line 2. 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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vieira (U.S. 2003/0132308).
With respect to claim 1, Vieira discloses a device for evaporating volatile substances (figures 1-7), comprising:
a container (2) in which the volatile substances are contained (abstract);
a wick (10), which absorbs volatile substances, through which the volatile substances evaporate; and
a stopper (7) which is attachable to the container (shown in figure 7) and can be placed in a closed position (when threaded onto the threads of 6), in which the evaporation of the volatile substances is prevented (i.e. closed), and an evaporation position (when 7 is threaded up), in which the wick (10) is exposed to the environment and the evaporation of the volatile substances is allowed (abstract),
wherein in that the device for evaporating volatile substances also comprises a clamping element (8), movable between a clamping position (inserted within the neck 3), in which the clamping element (8) clamps the wick (10, shown in figure 7), and a release position (when 8 is removed, see figure 4, prior to instillation), in which the clamping element (8) is separated from the wick (10).
With respect to claim 2, Vieira discloses the clamping element (8) comprises a central body (upper base having 11) and two elastic arms (2 of the arms 17), each elastic arm (17) comprising a gripping element (inner side of 17 that grips the wick, see figure 7) on its side furthest from the central body (shown in figures 4 and 7), so that pressure on the central body (when 11 is pushed down) causes the gripping elements (17) to move towards each other (see figure 7 when 8 is moved down 17 is pushed in b the neck of the bottle).
With respect to claim 3, Vieira discloses the clamping element are curved (see figures 4-6).
With respect to claim 4, Vieira discloses the clamping element (8) also comprises a connecting portion (21) between the elastic arms (shown in figures 4-6, being between elements 17).
With respect to claim 5, Vieira discloses said connecting portion (21) is U-shaped (seen in figure 4-6, the elements between 17 are rounded between respective 17’s and thus are “U” shaped, being wide U’s).
With respect to claim 6, Vieira discloses said connecting portion (21) is elastic (as shown in figure 7, bending inwards along with 17 when the inert 8 is inserted).
With respect to claim 7, Vieira discloses the ends of the connecting portion (21) are attached to the ends of the elastic arms (17) further away from the central body (11, as they are connected at t lower portion of the body).
With respect to claim 8, Vieira discloses the stopper (7) comprises a central hole (hole within 7), in which the clamping element is housed (8 is housed at its upper end within 7).
With respect to claim 9, Vieira discloses the central body (11) of the clamping element (8) is at the same level as the upper part of the stopper (7) in its release position (taking 7 off would reveal 8, within 7 still as its unthreaded, i.e. some part of 11 would still be within that of 7 as its unthreaded upwards).
With respect to claim 10, Vieira discloses the container (2) comprises a neck (3), the gripping elements (17) of the clamping element (8) being in contact with said neck (33) in their release position (as 8 would be within 3 when 7 is moved up/removed).
With respect to claim 11, Vieira discloses the stopper (7) comprises an inner body (being the inner prongs of 7 that are between 11 and 10), which is located between the wick (10) and the clamping element (at 11).
With respect to claim 12, Vieira discloses the inner body (being the inner downward part of 7) of the stopper (7) is cylindrical in shape (as understood from figures 1-7, the various elements/components of 7 would all be cylinders).
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
