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 .
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) 1-4 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boticki Figure 18 (US 2003/0218077).
Regarding claim 1, Boticki Figure 18 discloses a mist emitting device, comprising:
a bottom housing (33) having a recessed portion adapted to receive a replaceable fluid reservoir (31) (Paragraph 43 and Figure 18, the bottom of cap 33 includes a threaded recessed portion that receives container 31) storing a liquid (Paragraph 43, the reservoir is a liquid container):
a liquid conveying member (150a) having a first end (lower end) positioned in the fluid reservoir (Figure 18) and a second end (top end) extending from the recessed portion in a direction away from the fluid reservoir (Figure 18), the liquid conveying member configured to convey the liquid stored in the fluid reservoir towards the second end by capillary action (Paragraph 78, The elongated member 150 is formed with capillary passages which extend from one end of the member to its opposite end);
an atomizer (37) coupled with the liquid conveying member (Figure 18) to convert the liquid present at the second end of the liquid conveying member into mist particles (Paragraph 45).
Regarding claim 2, Boticki Figure 18 discloses the mist emitting device as claimed in claim 1, comprising a top housing (166, 160) to be fitted with the bottom housing (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Figure 18, the bottom of the top housing is capable of being fitted with the bottom housing), the top housing comprising one or more ports (Figure 18, retainer 160 includes a central opening above the atomizer) for dispersing the mist particles generated by the atomizer into a target space (The port is capable of being used for the claimed function).
Regarding claim 3, Boticki Figure 18 discloses the mist emitting device as claimed in claim 1, comprising an atomizer control unit (28, 26) configured to control the atomizer to convert the liquid present at the second end of the liquid conveying member into mist particles based on actuation of a switch (40) (Paragraph 47).
Regarding claim 4, Boticki Figure 18 discloses the mist emitting device as claimed in claim 3, wherein the atomizer control unit (28, 26) comprises a power supply unit connected to a battery pack (Paragraph 47, The provision of a power supply unit is suggested and must be included, as power is provided by a structure from the battery to the circuits of the circuit board), the power supply unit configured to supply discharge energy of the battery pack to the atomizer control unit to control the atomizer based on actuation of the switch (40) (Paragraph 47).
Regarding claim 8, Boticki Figure 18 discloses the mist emitting device as claimed in claim 1, wherein the atomizer is positioned within an atomizer housing (160, 168), the atomizer housing comprising an cap (160) for biasing the atomizer towards the second end of the liquid conveying member by a biasing member (170) disposed between the cap and the atomizer (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight, Paragraph 84, The cap assists in biasing the atomizer toward the wick by means of the spring).
Regarding claim 9, Boticki Figure 18 discloses the mist emitting device as claimed in claim 1, wherein the liquid stored in the fluid reservoir is a volatile liquid having a pre-determined concentration of a volatile substance, the volatile liquid being suitable for repelling insects and pests from the target space (Paragraph 11, the device is made for insecticides).
Regarding claim 10, Boticki Figure 18 discloses the mist emitting device as claimed in claim 1, wherein the liquid conveying member is a wick (Paragraph 85).
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.
Claim(s) 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Boticki Figure 18 in view of Ivri (US 5,758,637).
Regarding claim 5, Boticki Figure 18 discloses the mist emitting device as claimed in claim 4, but fails to disclose wherein the power supply unit is configured to supply electric energy from an external power source to the atomizer control unit to control the atomizer.
Ivri discloses an emitting device that includes a power supply unit (138) configured to supply electric energy from an external power source (AC adapter or outlet) to batteries (140) for recharging, and the power from the battery is supplied to an apparatus (Column 14, lines 61-67), as an alternative to a device that just includes batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Boticki with the disclosures of Ivri, replacing the power supply structure of Boticki with that of Ivri, providing a supply structure that includes the power supply unit (Ivri, 138) configured to supply electric energy from an external power source (AC Adapter of outlet) to the atomizer control unit (Boticki, 28, 26) [through the battery] to control the atomizer (The structure is capable of performing the claimed function) (Ivri, Column, 14, lines 61-67), in order to provide for a known alternative structure that ensures the provision of power to the device for operation.
Regarding claim 6, Boticki Figure 18 in view of Ivri discloses the mist emitting device as claimed in claim 5, wherein the power supply unit is configured to control charging of the battery pack by the external power source (Column 14, lines 61-67).
Regarding claim 7, Boticki discloses the mist emitting device as claimed in claim 1, wherein the atomizer comprises an atomization transducer (Paragraph 86, piezoelectric) configured to oscillate at a pre- determined frequency (Atomizers vibrate at a frequency), but fails to disclose that the transducer is ultrasonic.
Ivri discloses that ultrasonic devices are a known form of piezoelectric devices (Column 2, lines 3-7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Boticki with the disclosures of Ivri, providing the device to be ultrasonic, in order to provide for a known piezoelectric transducer, that performs the known function of vibrating the device for fluid discharge.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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