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 .
Claim Rejections - 35 USC § 112
Claim 18 recites the limitations:
“the air pump” in line 1
“the housing” in line 2
“the cylinder” in line 2
There is insufficient antecedent basis for these limitations 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7, 10-12, 16, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 20210347554 A1).
Regarding claim 1, Lee discloses a leak-proof atomizing component (¶ [0004]), the characteristic is: it comprises an atomizing head (item 20, figure 3) for connecting with a peripheral bottle body (item 30, figure 1);
the atomizing head is provided with an atomizing core for atomizing the liquid in the bottle body and producing spray (items 22 and 12, figure 1; ¶ [0095]);
the atomizing head is provided a return liquid hole with a peripheral bottle body (item 50a, figure 1);
except the atomizing core, the liquid return hole is the only channel for the peripheral bottle body to connect with the external atmosphere (figure 1);
the liquid return hole is one or more (¶ [0083]);
when the return liquid hole is only one, the diameter of the return liquid hole is the first preset value, so that the liquid in the peripheral bottle cannot continuously flow out from the return liquid hole when the peripheral bottle is poured (¶ [0087]);
when the return liquid hole is multiple, the diameter of the return liquid hole is the second preset value, so that when the peripheral bottle body is poured, the liquid in the peripheral bottle body cannot continuously flow out of the return liquid hole due to the existence of liquid tension (¶ [0092]).
Regarding claim 2, Lee discloses the leak-proof atomizing component described in claim 1 is characterized in that the first preset value is less than or equal to 2mm (¶ [0087]).
Regarding claim 3, Lee discloses the leak-proof atomizing component described in claim 1 is characterized in that the first preset value is less than or equal to 1.5mm (¶ [0087]).
Regarding claim 4, Lee discloses the leak-proof atomizing component described in claim 1 is characterized in that the first preset value is 0.2~1.2mm (¶ [0087]).
Regarding claim 5, Lee discloses the leak-proof atomizing component described in claim 1 is characterized in that the first preset value is less than or equal to 0.5~1mm (¶ [0087]).
Regarding claim 7, Lee discloses the leak-proof atomizing assembly described in claim 1 is characterized in that the atomizing head is provided with an atomizing chamber (item 21, figure 1);
the atomizing head is provided with a fog outlet (item 25, figure 1), and the atomizing chamber is conductive to the atmosphere through the fog outlet (¶ [0075]).
Regarding claim 10, Lee discloses the leak-proof atomizing assembly described in claim 1 is characterized in that the liquid return hole is connected with a duct extending to the middle or lower part of the peripheral bottle body (¶ [0085]).
Regarding claim 11, Lee discloses the leak-proof atomizing assembly described in claim 1 is characterized in that the atomizing head is provided with a concave part on one side of the peripheral bottle body; the liquid return hole is arranged in the concave part (¶ [0091]; claim 4).
Regarding claim 12, Lee discloses the leak-proof atomizing assembly described in claim 11, the leak-proof atomizing component is characterized in that the atomizing core is arranged in the concave part, the liquid return hole is arranged at the lowest place of the concave part, and the top of the concave part is arranged at the lowest place of the corresponding surface of the atomizing head (figure 2; ¶ [0091]).
Regarding claim 16, Lee discloses the leak-proof atomizing assembly described in claim 1, includes a bottle body (item 30, figure 1) and an air source (item 10, figure 1);
the atomizing head is fixedly connected with the bottle body (¶ [0079]);
the bottle body is used to provide the liquid required for spraying to the atomizing core (¶ [0077]);
the gas source is used to provide compressed gas required for spraying to the atomizing core (¶ [0076] – [0077]).
Regarding claim 18, Lee discloses the atomizing device referred to in claim 16 is characterized in that the air pump is located in the housing and below the cylinder (figure 1).
Regarding claim 20, Lee discloses the atomizing device referred to in claim 16 is characterized by the fact that the liquid in the bottle is an essential oil or a disinfectant or a mosquito repellent used to produce a fragrance (¶ [0003] and ¶ [0077]).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20210347554 A1) in view of Tong (US 20200205474 A1).
Regarding claim 6, Lee discloses the leak-proof atomizing component described in claim 1.
However, Lee is silent on the measurements of the diameter of the return liquid hole when there is multiple.
Tong teaches a device for atomizing liquid with multiple return liquid holes (item 1130B, figure 5b) that have a diameter less than 0.2mm (¶ [0043]).
It would have been obvious to one of ordinary skill in the art at the time of the invention
was made to have sized the multiple return holes of Lee as less than 0.2mm in diameter as taught by Tong because both Lee and Tong describe preventing liquid from escaping a liquid atomizing device; and Tong teaches that multiple passages at a diameter of less than 0.2mm retain liquid using capillary effect.
Claims 8-9, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20210347554 A1) in view of Xia (CN 214807113 U; translation attached).
Regarding claim 8, Lee discloses the leak-proof atomizing component described in claim 7, but does not teach an atomizing cover.
Xia discloses an atomizing component with an atomizing cover (item 24, figure 3);
the atomizing cover divides the atomizing chamber (interior of item 2, figure 3) into two connected chambers, and the atomizing mouth (item a, figure 3) and the atomizing core (item 26, figure 3) are located on both sides of the atomizing cover.
It would have been obvious to one of ordinary skill in the art at the time of the invention
was made to have provided the atomizing chamber of Lee with an atomizing cover as taught by Xia because Xia teaches the cover arrangement causes large droplets to fall back into the bottle and only fine mist is discharged, improving atomizing/diffusion efficiency. Applying the cover arrangement of Xia to the atomizing chamber of Lee is the use of a known technique to improve a similar device yielding predictable results.
Regarding claim 9, Lee discloses the leak-proof atomizing assembly mentioned in claim 1 is characterized in that the atomizing head and atomizing core is provided with a gas channel (item 11, figure 1) and a liquid channel (item 40a, figure 1) that leads to the atomizing core;
the liquid channel is connected to the peripheral body through a pipeline (¶ [0081]);
the gas channel is connected with a peripheral gas source (¶ [0076]).
However, Lee does not teach an atomizing seat.
Xia discloses an atomizing head (item 2, figure 3) is provided with an atomizing seat (item 23, figure 3), and the atomizing core is fixed on the atomizing seat;
the atomizing head and the atomizing seat are provided with a gas channel (item 21, figure 3) and a liquid channel (item B, figure 3) that leads to the atomizing core;
the liquid channel is connected to the peripheral bottle body (item 3, figure 2) through a pipeline (item B, figure 3);
the gas channel is connected with a peripheral gas source (item A, figure 2).
It would have been obvious to one of ordinary skill in the art at the time of the invention
was made to have provided the atomizing head of Lee with an atomizing seat as taught by Xia in order to yield the predictable result of a secure mounting of the atomizing core.
Regarding claim 17, Lee discloses the atomizing device in accordance with claim 16, but is silent on a shell in which the bottle body is placed.
Xia discloses a shell (item 1, figure 1) in which the bottle body is placed.
It would have been obvious to one of ordinary skill in the art at the time of the invention
was made to have provided the bottle body of Lee with a shell as taught by Xia in order to protect the bottle body and internal components.
Regarding claim 19, Lee discloses the atomizing equipment described in claim 17, but is silent on a base of the shell.
Xia discloses the bottom of the shell is also provided with a base (figure 1);
the base is provided with an electronic control assembly for controlling the air pump (item 42, figure 1).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to have placed the electronic control assembly of Lee in a base of the atomizing equipment as taught by Xia in order to keep the electronics clear of any liquid, keeps the atomizing equipment’s center of gravity low and stable, and easily accessible.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20210347554 A1) in view of Zhang (CN 216094338 U; translation attached).
Regarding claim 13, Lee discloses the leak-proof atomizing assembly described in claim 7, but is silent on a baffle ring part.
Zhang teaches an atomizing head provided with a baffle ring part (item 9, figure 1);
the baffle ring part is arranged on a path where the liquid flows from the return liquid hole to the exit fog gate (item 4, figure 1; ¶ [0048]).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to have provided the atomizing head of Lee with a baffle ring part as taught by Zhang in order to remove large droplets of liquid before they reach the fog outlet.
Regarding claim 14, Lee discloses the leak-proof atomizing assembly, but is silent on the baffle ring and its position.
Zhang discloses the baffle ring is arranged on the inside of the atomizing head and near the fog outlet (figure 1).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to have positioned the baffle ring on the atomizing head and near the fog outlet of Lee as taught by Zhang because it is the position where liquid can be removed right before it would be discharged.
Regarding claim 15, Lee discloses the leak-proof assembly, but is silent on the baffle ring and its position.
Zhang discloses the baffle ring is raised inward to form a circular platform (item 13, figure 6);
the fog outlet is located in the center of the circular platform (item 4, figure 4);
the half section of the retaining ring and the half section of the top wall of the atomizing head constitute a “7” font structure (figures 1 and 6).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to have formed the baffle ring of Lee as modified with the geometry as taught by Zhang because the specific geometry captures large droplets before they reach the fog outlet and return them to the bottle body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited on PTO-892 disclose subject matter related to various types of atomizing assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH J ARIF whose telephone number is (571)272-9620. The examiner can normally be reached 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R Durand can be reached at (571)272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAH JACOB ARIF/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 August 18, 2026
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