DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of Species 8 (Fig. 8 as shown) in the reply filed on 9/11/2026 without traverse is acknowledged. Claims 3, 4, 10-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Claim 4 is not drawn to the elected species because the elected species does not have a side wall height of the second trough (13) same as the first trough (12). Claims 10, 13 are not drawn to the elected species because the elected species has a hole (see Fig. 8) and does not have a top height higher than a passage bottom height.
Examiner Request
The applicant is requested to provide line numbers to each claim in all future claim submissions to aide in examination and communication with the applicant about claim recitations. The applicant is thanked for aiding examination.
Drawings
The drawings are objected to because the reference number used in the specification and the reference number used in Fig. 6 and Fig. 3, for the refrigerating element is not consistent. 24 and 25 are not pointing at the correct structures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 2, 6-9 is/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 pre-AIA the applicant regards as the invention.
In regard to claim 2, the recitation, “the volume of one of the first” is indefinite for lacking proper antecedent basis for “the volume”.
The recitation, “less than the volume of the other one” is indefinite for lacking proper antecedent basis for “the volume” and for “the other one”.
In regard to claim 6, the recitation, “close to the drain hole” is indefinite as there is no way to discern what distance is required or excluded.
In regard to claim 7, the recitation, “close to the first water collecting trough” is indefinite as there is no way to discern what distance is required or excluded.
In regard to claim 8, the recitation, “the width of the guiding portion” is indefinite for lacking proper antecedent basis for “the width”.
The recitation, “the width of the first” is indefinite for lacking proper antecedent basis for “the width”.
The recitation, “the width of an end” is indefinite for lacking proper antecedent basis for “the width”.
The recitation, “the width of another end” is indefinite for lacking proper antecedent basis for “the width”.
The recitation, “close to the guiding portion” is indefinite as there is no way to discern what distance is required or excluded.
In regard to claim 9, the recitation, “the extension direction of the extension portion” is indefinite for lacking proper antecedent basis for “the extension direction”.
The recitation, “the extension direction of the guiding portion” is indefinite for lacking proper antecedent basis for “the extension direction”.
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.
Claim limitation “refrigerating assembly” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph and is interpreted as a refrigerating element, a circulating fan, and a heat dissipation fan (pg. pub. para. 51).
Claim limitation “humidifying assembly” does not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph since the recitation describes structure that is capable of performing the function of humidifying.
Claim limitation “water collecting portion” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, 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. The disclosure merely uses the term and never defines what structure is necessary and sufficient. 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.
Claim limitation “guiding portion” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, 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. The disclosure merely uses the term and never defines what structure is necessary and sufficient. 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.
Claim limitation “refrigerating element” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph and is interpreted as a thermoelectric cooler (pg. pub. para. 51).
Claim limitation “heating assembly” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, 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. The disclosure merely uses the term and never defines what structure is necessary and sufficient. 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.
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, 2, 5, 7-9, 14-16, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gong (CN 116725230). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted. Further note the interpretation of the claim language as outlined in the rejection below.
In regard to claim 1, Gong teaches a cigar cabinet (page 2, “storage box” “maintenance storage cabinet”)(see whole disclosure and all figures), comprising: a shell (page 2 “storage cabinet main body”) comprising an accommodation chamber (page 3 “storage cavity”; 101) configured for storing cigars (page 2 “storing the cigar”), a side wall (page 7, “side wall”) and a bottom wall (page 12, “bottom wall”), a refrigerating assembly (4; page 3, 8; see all features identified in claim 14 below); and a humidifying assembly (103, 104 as identified herein) comprising a first water collecting trough (first depressed region of 104, see Fig. 2), a second water collecting trough (second depressed region or second depressed region with right half of 101 when viewing Fig. 2) and a guide trough (103), a partition (right ledge of first depressed region when viewing Fig. 2) being arranged between the first water collecting trough (first depressed region) and the second water collecting trough (second depressed region); wherein the first water collecting trough (first depressed region) is connected to the guide trough (103), the guide trough (103) is arranged in the side wall (side wall) of the shell (storage cabinet main body) and located under the refrigerating assembly (4), the guide trough (103) is configured to guide condensed water (page 8 “water vapour therein is condensed into liquid beads”) generated during refrigeration process of the refrigerating assembly (4) into the first water collecting trough (first depressed region), and the first water collecting trough (first depressed region) and the second water collecting trough (second depressed region) are both arranged in the bottom wall of the cigar cabinet (storage cabinet); the partition (right ledge of first depressed region) defines a passage (into channels) connecting the first water collecting trough (first depressed region) and the second water collecting trough (second depressed region), and a bottom height of the passage (height to bottom of channels) is less than a side wall height (is not as high as front and back of the first depressed region) of the first water collecting trough (first depressed region); and the first water collecting trough (first depressed region) defines a drain hole (see drain hole in Fig. 2) for discharging water therein.
In regard to claim 2, Gong teaches that a volume of the first water collecting trough (first depression region) is less than a volume of the second water collecting trough (second depressed region with right half of 101).
In regard to claim 5, Gong teaches that the partition (ledge of first depression) defines the passage (channels) connecting the second water collecting trough (second depressed region) and the first water collecting trough (first depression region); and the passage is configured as connecting notches (see channel entrances on ends) arranged at two ends (either end – see Fig. 1) of the partition (ledge of first depression region).
In regard to claim 7, Gong teaches that the guide trough (103) comprises a water collecting portion (upper part of 103) and a guiding portion (lower portion of 103) arranged in the side wall (side wall) of the shell (storage cabinet main body), center lines of the water collecting portion (upper part of 103) and the guiding portion (lower portion of 103) are arranged on a same straight line in a height direction (see they are vertically in line with each other) of the shell (storage cabinet main body), and the guiding portion (lower portion of 103) is arranged at one end of the guide trough (103) close to the first water collecting trough (first depression region).
In regard to claim 8, Gong teaches that a width of the guiding portion (lower portion of 103) is less than a width of the first water collecting trough (first repression region – see Fig. 1), and a width of an end of the water collecting portion (upper portion of 103) away from the guiding portion (lower portion of 103) is greater (larger) than a width of another end (lower end) of the water collecting portion (upper portion of 103) close to the guiding portion (lower portion of 103).
In regard to claim 9, Gong teaches that the guide trough (lower portion of 103) further comprises an extension portion (at least part of horizontal part of 103 at lower end) provided on the bottom wall (bottom wall) of the shell (storage cabinet main body), an extension direction of the extension portion (at least part of horizontal part of 103 at lower end) is perpendicular to an extension direction (vertical part) of the guiding portion (lower portion of 103), the extension portion (at least part of horizontal part of 103 at lower end) extends from the guiding portion (lower part of 103) to the first water collecting trough (first depression region), and the extension portion (at least part of horizontal part of 103) and the guiding portion (lower portion of 103) are in an arc transition (see Fig. 2 curved arc) at an intersection thereof (of vertical and horizontal walls).
In regard to claim 14, Gong teaches that the refrigerating assembly (4) comprises a first air inlet (see Fig. 2-3; 442 above 441, page 7, 442 is an outlet from 4 and an inlet into the chamber 101), a second air inlet (442 below 441, page 7), an air outlet (441, page 7, see 441 is an inlet into 4 and therefore an outlet from the chamber 101), a circulating fan (423), a refrigerating element (41; page 7; semiconductor refrigerating sheet) and a heat dissipation fan (433); and the first air inlet (422 above 441), the air outlet (441) and the second air inlet (422 below 441) are arranged on the side wall (side wall) of the shell (storage cabinet main body) from top to bottom in a vertical direction (see Fig. 2-3) of the shell (storage cabinet main body); the circulating fan (423) is arranged on the side wall (side wall) and aligned with the air outlet (441); the refrigerating element (41) comprises a cold side (page 7, “cold end face”) and a hot side (page 7 “hot end face”); the heat dissipation fan (433) is arranged on an outer wall (see Fig. 3) of the shell (storage cabinet main body) close to the hot side (hot end face) of the refrigerating element (41); and the circulating fan (423) is arranged on the side wall (side wall) of the shell (storage cabinet main body) close to the cold side (cold end face) of the refrigerating element (41).
In regard to claim 15, Gong teaches that the cigar cabinet (maintenance storage cabinet) further comprises a heating assembly (2; page 8, para. 3), the refrigerating assembly (4) is provided on the side wall (side wall) of the shell (shortage cabinet main body), and the heating assembly (2) is provided on the side wall (side wall) of the shell (storage cabinet main body).
In regard to claim 16, Gong teaches that the cold side (cold end face) of the refrigerating element (41) faces the circulating fan (423) and the hot side (hot end face) of the refrigerating element (41) facing the heat dissipation fan (433); and the cold side (cold end face) is provided with a plurality of heat dissipation fins (“cooling fins” 4222) which are arranged in parallel (see Fig. 3) and spaced apart in a horizontal direction (see spaced horizontally, page 9).
In regard to claim 18, Gong teaches that the refrigerating element (41) is a semiconductor refrigerating sheet (page 8, “semiconductor refrigerating sheet”).
Claim Rejections - 35 USC § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over the obvious modification of Gong (CN 116725230). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted. Further note the interpretation of the claim language as outlined in the rejection below.
In regard to claim 6, Gong teaches most of the claim limitations but does not explicitly teach a water pan below the bottom wall detachably connected to catch water drained. However, official notice is taken that drain pans are well known water containment structures. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Gong with a detachable water pan under the cigar cabinet for the purpose of catching any excess water and preventing undue amounts of water from overfilling the troughs and to provide an affordable way to retain such water, especially in situations where providing a permanent drain is unavailable or too confining to locating the cabinet and to do so to permit removal and dumping of such excess water by a user.
In regard to claim 17, Gong teaches most claim limitations but does not explicitly teach that the heat dissipation fins (42) are aluminum. However, official notice is taken that aluminum is a routine and well known material for fins. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the fins of Gong to made from aluminum for the purpose of providing fin material with good thermal conductivity, affordability, and structural properties.
Conclusion
The prior art made of record on the 892 form and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN F PETTITT whose telephone number is (571). The examiner can normally be reached on M-F, 9-5p. 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): http://www.uspto.gov/interviewpractice. The examiner’s supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN F PETTITT, III/Primary Examiner, Art Unit 3763
