DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/21/2025 has been entered.
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 Status
Applicant’s amendment in the response filed on 05/21/2025 has been considered by the Examiner. Currently, claims 1-20 are pending, claims 1, 4-5, and 10 have been amended. Applicant’s amendments overcome the previously filed rejection of claims 1, 4, 5, and 19 under 35 U.S.C 112(b). A complete action on the merit of claims 1-20 follows below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/21/2025 has been considered by the examiner.
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.
Claims 1, 6, 8-10, 15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamoto (Patent No. 6,098,612) in view of Marchetti (Pub No. 2004/0200217) and in further view of Wallach (2004/0079089) as further evidenced by Sites (Patent No. 5,730,720) and in further view of Monzyk (2003/0074062).
Regarding claim 1, Nakamoto teaches an apparatus, comprising:
a gas flow chamber (interior of heat generating element 27, Fig. 12 fifth embodiment) on a first side of the apparatus having an air fuel-mixture inlet (the combustible air-fuel mixture is subsequently injected through the discharge port 34; Col 8 lines 33-40..the outlet section of discharge port 34 is the air-fuel mixture inlet), a catalyst compartment including a combustion products pathway originating at the catalyst compartment (a combustion catalyst 42 at a position adjacent the discharge port 34 of the combustor... the combustor employed in the fifth embodiment is substantially similar to that employed in any one of the foregoing embodiments…In the first embodiment the combustion catalyst 13 is within a tubular protective housing 16 for protecting the combustion catalyst);
a warming surface (a heating sheet 25 for warming the human body coupled with heat generating element 27 and combustor 26…the heating sheet 25 is a heat conductive material of a high heat conductivity such as, for example, a metallic foil, a metallic mesh; Col. 6 lines 28-33);
an air-fuel mixing chamber having an air inlet (air intake port 32), a fuel port (gas injection nozzle 31), and an air-fuel mixture outlet (This gas flows within an ejector 33 together with air sucked in through the air intake port 32 to provide a combustible air-fuel mixture which is subsequently injected through the discharge port 34; Col. 7 lines 1-5)
an air intake to receive ambient air (air is sucked in through the air intake port 32 to provide a combustible air-fuel mixture) and an air outlet disposed to discharge air to the air inlet of the air-fuel mixing chamber (the combustible air-fuel mixture is subsequently injected through the discharge port 34; Col 8 lines 33-40…the inlet portion of discharge port 34); and
a fuel assembly comprising a fuel storage tank (fuel gas container 28, Fig. 12), a valve to receive a stream of fuel from the tank (sluice knob 29 is manipulated to open gas sluice valve 30) and a fuel port connector (gas injection nozzle 31) coupled to provide fuel from the valve to the fuel port of the air-fuel mixing chamber (This gas flows within the ejector 33 together with air sucked in through the air intake port 32 to provide a combustible air-fuel mixture which is subsequently injected through the discharge port 34; Col 8 lines 37-40);
wherein a stream of an air-fuel mixture emerging from the air-fuel mixing chamber enters the catalytic compartment containing the catalyst member and combusts to create a stream of heated combustion products (When at this condition the igniting device 36 is activated, the spark is emitted from the ignition needle 35 to ignite the air-fuel mixture, causing the latter to undergo a flame combustion. By this flame combustion, the combustion catalyst 42 is instantaneously heated to a temperature required to accomplish a catalytic combustion. In this way, the catalytic combustion results in heating of the heat generating element 27. Since the heat generating element 27 is provided in a portion of the heating sheet 25, the heat from the heat generating element 27 is transmitted to the heating sheet 25; Col. 8 lines 40-50).
While Nakamoto teaches an air intake to receive ambient air in its fifth embodiment (Fig. 12), Nakamoto is silent about specifically teaching a motor-driven air mover and a battery to provide electrical current to operate a motor to drive the air mover. However, Nakamoto in its tenth embodiment (Fig. 24) teaches fan 89 serves to supply air into a container with the catalyst / heat source 75 ...the air absorbs heat from the heat source and is then discharged through convention paths 73 ...where the heated air warms the human back (Col. 14 , lines 18-25). Nakamoto in the sixth embodiment (Figs. 14-17) teaches an electric power source for the fan may be at least one battery (Col. 9 lines 55-56). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include a motor-drive air mover in the tenth embodiment since Nakamoto teaches circulation of the heated air by a fan is more effective to accomplish heating (Col. 11 lines 9-10). Furthermore it would have been obvious to provide for a battery to operate the motor since it may be accommodated within a pocket of the clothing (Col. 16 lines 20-22).
While Nakamoto teaches a catalyst compartment in its first and tenth embodiments (Figs. 1 and 24), Nakamoto is silent about specifically teaching an exhaust gas port and wherein the combustion products are liberated to the atmosphere. However, Nakamoto teaches in the thirteenth embodiment (Fig. 29), an exhaust tube 107 for discharging an exhaust gas. Therefore, it would have been obvious to one of ordinary skill in the art to modify the heat generating element 27 in Nakamoto’s fifth embodiment (Fig. 12) in order to include an exhaust gas port 107 since Nakamoto teaches, the exhaust gas formed as a result of combustion of the fuel is discharged from the combustion chamber 102 to the outside (Col. 15 line 49-51).
While Nakamoto teaches a combustion product’s pathway in its first and fifth embodiments (Figs. 1 and 12), Nakamoto is silent about specifically teaching at least one tortuous combustion products pathway and wherein the combustion products flow through the at least one tortuous pathway. However, Marchetti teaches at least one tortuous combustion products pathway (the blading in the stator segment forces the combusted gas to flow in a generally serpentine path through the blading thereby slowing the exit velocity of the combustion gas, reducing the temperature of the fluid waste heat and permitting a portion of the fluid heat to be absorbed by the stator segment and stator segment blading [0015]). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention was made to provide for a tortuous combustion products pathway originating at the catalyst compartment in Nakamoto since Marchetti teaches such a pathway reduces the exit velocity of the combusted gas flow and permits a portion of the flue heat to be absorbed by the torturous pathway portions which would allow for heat to be absorbed by Nakamato's warming surface since Marchetti also teaches that increasing the surface area allows more heat to be absorbed [0015].
While Nakamoto teaches a warming surface, Nakamoto is silent about specifically teaching a fluid warming chamber to conductively receive heat generated in the gas flow chamber and having a fluid inlet connectable to a source of fluid, a fluid warming surface and a fluid outlet connectable to a patient; and wherein a stream of fluid from the source of fluid enters the fluid warming chamber through the fluid inlet, is warmed along the warming surface and is removed from the fluid warming chamber through the fluid outlet. However, Wallach teaches a fluid warming chamber (11, Fig 4, 6), having a fluid inlet (ingress 5…blood enters the heat exchange device through an inlet to a proportionally long narrow disposable container 11 [0042]), a fluid warming surface (flat plates 1 or 2), and a fluid outlet (egress section 6…the blood is heated or cooled to the desired temperature and subsequently exits from an opposite end of the container [0042]) connectable to a patient (the heated blood may be administered to a patient during medical procedures; [0002]). Wallach also teaches a stream of fluid enters the fluid warming chamber through the fluid inlet (ingress 5) , is warmed along the warming surface and is removed from the fluid warming chamber through the fluid outlet (The blood is heated or cooled to the desired temperature and subsequently exits from an opposite end of the container 11). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the warming surface/ heating sheet 25 in Nakamoto in order to further include the fluid chamber of Wallach with its conductive plates 1, 2 since Nakamoto teaches its gas flow chamber and catalyst heating system is capable of transmitting heat to the conductive heating sheet to warm a patient (Abstract) and Wallach teaches that heat can be transmitted to the conductive plates on the chamber in order to heat a fluid inside the chamber [0002] [0064]. Furthermore, Wallach teaches warming the fluid such as blood inside the chamber with thermoelectric modules and it would be obvious to one of ordinary skill in the art to utilize the gas flow chamber with the catalyst compartment of Nakamoto instead of using thermoelectric modules to warm the fluid of Wallach.
Wallach is silent about specifically teaching the fluid inlet connectable to a source of fluid, wherein a stream of fluid from the source of fluid enters the fluid warming chamber through the fluid inlet, is warmed along the warming surface. However, since Wallach teaches the device is applied in cardiopulmonary procedures it would have been obvious to one of ordinary skill in the art at the time of the invention to connect the fluid inlet in Wallach to a fluid source as further evidenced by Sites (Patent No. 5730720) since it teaches blood tubing 302/inlet connected to a fluid source (patient 99) for the purposes of withdrawing blood from the patient and later returning the blood after treatment and extracorporeal circuit for treating the withdrawn blood (Col. 6 lines 4-10).
While Naikamato generally provides for controlling combustion to control temperature (sluice knob 29 is manipulated to open gas sluice valve 30; Col lines 33-35), however, Naikamato does not specifically teach wherein the catalyst member can be selectively positioned within the catalyst compartment for optimization of catalytic combustion efficiency.
However, Monzyk provides for a medical device and discusses controlling a catalytic reaction by moving the metal ion catalyst as close as possible to the titanium oxide in order to minimize the loss of active oxygen to unwanted side reaction [0114]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reposition a catalyst member for the position of controlling the catalytic reaction.
Regarding claim 6, Nakamoto in view of Marchetti, Wallach as further evidenced by Sites and Monzyk teaches the limitations of claim 1 as previously rejected above. Wallach teaches wherein the fluid warmed in the fluid warming chamber is one of blood and intravenous fluid (blood; [0002]).
Regarding claim 8, Nakamoto in view of Marchetti, Wallach as further evidenced by Sites and Monzyk teaches the limitations of claim 1 as previously rejected above. Nakamoto teaches wherein the valve is adjustable to vary a rate of flow of fuel from the storage tank to the air fuel mixing chamber (sluice knob 29 is manipulated to open gas sluice valve 30; Col lines 33-35).
Regarding claim 9, Nakamoto in view of Marchetti, Wallach as further evidenced by Sites and Monzyk teaches the limitations of claim 1 as previously rejected above. Nakamoto does not teach wherein the warming surface of the fluid warming chamber comprises an undulating surface to increase the surface area across which heat can be received from the gas chamber and transferred to the fluid within the fluid warming chamber. However, Wallach teaches an undulating surface (heat sink 20 having a plurality of fins, Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art to further include an undulating surface on the warming surface 25 of Nakamoto since Wallach teaches the finned heat sink 20 serves as a means for extracting additional energy [0048].
Regarding claim 10, Nakamoto teaches an apparatus, comprising:
a heat exchanger base having a first side and a second side (a heating sheet 25 for warming the human body coupled with heat generating element 27 and combustor 26 on its first side the second side would be the opposite of the first side…the heating sheet 25 is a heat conductive material of a high heat conductivity such as, for example, a metallic foil, a metallic mesh; Col. 6 lines 28-33)
a gas chamber cover securable to the first side of the heat exchanger base to form a gas chamber therebetween (heat generating element 27 connects to heating sheet 25 and the interior of heat generating element 27 forms the gas chamber, Fig. 12 fifth embodiment), the gas chamber having an inlet (the combustible air-fuel mixture is subsequently injected through the discharge port 34; Col 8 lines 33-40), a catalyst compartment (a combustion catalyst 42 at a position adjacent the discharge port 34 of the combustor... the combustor employed in the fifth embodiment is substantially similar to that employed in any one of the foregoing embodiments…In the first embodiment the combustion catalyst 13 is within a tubular protective housing 16 for protecting the combustion catalyst);
an air-fuel mixing chamber having an outlet sealably engaging the inlet to the gas chamber (the gas flows within an ejector 33 together with air sucked in through the air intake port 32 to provide a combustible air-fuel mixture which is subsequently injected through the discharge port 34; Col. 7 lines 1-5)
a catalyst member disposed within the catalyst compartment of the gas chamber (combustion catalyst 42);
an air intake having an ambient air inlet (air is sucked in through the air intake port 32 to provide a combustible air-fuel mixture) and an air outlet sealably engaging an air intake of the air-fuel mixing chamber (the combustible air-fuel mixture is subsequently injected through the discharge port 34; Col 8 lines 33-40); and
a storage tank (fuel gas container 28, Fig. 12); and
a valve connected intermediate the storage tank (sluice knob 29 is manipulated to open gas sluice valve 30) and a fuel port of the air-fuel mixing chamber (gas injection nozzle 31)
wherein air from the air intake and fuel from the storage tank are mixed in the air-fuel mixing chamber and discharged through the outlet of the air-fuel mixing chamber to the inlet of the gas chamber (This gas flows within the ejector 33 together with air sucked in through the air intake port 32 to provide a combustible air-fuel mixture which is subsequently injected through the discharge port 34; Col 8 lines 37-40);
wherein an air-fuel mixture in the catalyst compartment combusts in the presence of the catalyst member to produce combustion products and heat (When at this condition the igniting device 36 is activated, the spark is emitted from the ignition needle 35 to ignite the air-fuel mixture, causing the latter to undergo a flame combustion. By this flame combustion, the combustion catalyst 42 is instantaneously heated to a temperature required to accomplish a catalytic combustion. In this way, the catalytic combustion results in heating of the heat generating element 27. Since the heat generating element 27 is provided in a portion of the heating sheet 25, the heat from the heat generating element 27 is transmitted to the heating sheet 25; Col. 8 lines 40-50).
While Nakamoto teaches an air intake to receive ambient air in its fifth embodiment (Fig. 12), Nakamoto is silent about specifically teaching an air mover and a battery to provide electrical current to operate a motor to drive the air mover. However, Nakamoto in its tenth embodiment (Fig. 24) teaches fan 89 serves to supply air into a container with the catalyst / heat source 75 ...the air absorbs heat from the heat source and is then discharged through convention paths 73 ...where the heated air warms the human back (Col. 14 , lines 18-25). Nakamoto in the sixth embodiment (Figs. 14-17) teaches an electric power source for the fan may be at least one battery (Col. 9 lines 55-56). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include a motor-drive air mover in the tenth embodiment since Nakamoto teaches circulation of the heated air by a fan is more effective to accomplish heating (Col. 11 lines 9-10). Furthermore, it would have been obvious to provide for a battery to operate the motor since it may be accommodated within a pocket of the clothing (Col. 16 lines 20-22).
While Nakamoto teaches a catalyst compartment in its first and tenth embodiments (Figs. 1 and 24), Nakamoto is silent about specifically teaching an exhaust gas port and wherein the combustion products move through the pathway to the exhaust port. However, Nakamoto teaches in the thirteenth embodiment (Fig. 29), an exhaust tube 107 for discharging an exhaust gas. Therefore, it would have been obvious to one of ordinary skill in the art to modify the heat generating element 27 in Nakamoto’s fifth embodiment (Fig. 12) in order to include an exhaust gas port 107 since Nakamoto teaches, the exhaust gas formed as a result of combustion of the fuel is discharged from the combustion chamber 102 to the outside (Col. 15 line 49-51).
While Nakamoto teaches a combustion product’s pathway in its first and fifth embodiments (Figs. 1 and 12), Nakamoto is silent about specifically teaching a tortuous pathway and wherein the combustion products move through the tortuous pathway. However, Marchetti teaches at least one tortuous pathway (the blading in the stator segment forces the combusted gas to flow in a generally serpentine path through the blading thereby slowing the exit velocity of the combustion gas, reducing the temperature of the fluid waste heat and permitting a portion of the fluid heat to be absorbed by the stator segment and stator segment blading [0015]). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention was made to provide for a tortuous combustion products pathway originating at the catalyst compartment in Nakamoto since Marchetti teaches such a pathway reduces the exit velocity of the combusted gas flow and permits a portion of the flue heat to be absorbed by the torturous pathway portions which would allow for heat to be absorbed by Nakamato's warming surface since Marchetti also teaches that increasing the surface area allows more heat to be absorbed [0015].
Nakamoto is silent about specifically teaching a biocompatible fluid warming chamber cover securable to the second side of the heat exchanger base to form a fluid chamber therebetween, the biocompatible fluid warming chamber having an inlet connectable to a source of biocompatible fluid, an outlet connectable to a patient, and a fluid warming surface therebetween; and wherein the heat transferred from the gas chamber to the fluid warming surface of the biocompatible fluid warming chamber warms a flow of biocompatible fluids flowing through the biocompatible fluid warming chamber. However, Wallach teaches a biocompatible fluid warming chamber (11, Fig 4, 6), having a fluid inlet (ingress 5…blood enters the heat exchange device through an inlet to a proportionally long narrow disposable container 11 [0042]), and a fluid outlet (egress section 6…the blood is heated or cooled to the desired temperature and subsequently exits from an opposite end of the container [0042]) connectable to a patient (the heated blood may be administered to a patient during medical procedures; [0002]), and a fluid warming surface therebetween (plates 1, 2). Wallach also teaches fluid enters the fluid warming chamber through the fluid inlet (ingress 5) , is warmed along the warming surface and is removed from the fluid warming chamber through the fluid outlet (The blood is heated or cooled to the desired temperature and subsequently exits from an opposite end of the container 11). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the second side of the heat exchanger base in Nakamoto in order to further include the fluid chamber of Wallach with its fluid warming surface/ plates 1, 2 since Nakamoto teaches its gas flow chamber and catalyst heating system is capable of transmitting heat to the conductive heating sheet to warm a patient (Abstract) and Wallach teaches that heat can be transmitted to the conductive plates on the chamber in order to heat a fluid inside the chamber [0002] [0064]. Furthermore, Wallach teaches warming the fluid such as blood inside the chamber with thermoelectric modules and it would be obvious to one of ordinary skill in the art to utilize the gas flow chamber with the catalyst compartment of Nakamoto instead of using thermoelectric modules to warm the fluid of Wallach.
Wallach is silent about specifically teaching the inlet connectable to a source of biocompatible fluid. However, since Wallach teaches the device is applied in cardiopulmonary procedures it would have been obvious to one of ordinary skill in the art at the time of the invention to connect the fluid inlet in Wallach to a fluid source as further evidenced by Sites (Patent No. 5730720) since it teaches blood tubing 302/inlet connected to a fluid source (patient 99) for the purposes of withdrawing blood from the patient and later returning the blood after treatment and extracorporeal circuit for treating the withdrawn blood (Col. 6 lines 4-10).
While Naikamato generally provides for controlling combustion to control temperature (sluice knob 29 is manipulated to open gas sluice valve 30; Col lines 33-35), however, Naikamato does not specifically teach wherein the catalyst member can be selectively positioned within the catalyst compartment for optimization of catalytic combustion efficiency.
However, Monzyk provides for a medical device and discusses controlling a catalytic reaction by moving the metal ion catalyst as close as possible to the titanium oxide in order to minimize the loss of active oxygen to unwanted side reaction [0114]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reposition a catalyst member for the position of controlling the catalytic reaction.
Claim 15 recites the same limitations of claim 6 as previously rejected above.
Claim 17 recites the same limitations of claim 8 as previously rejected above.
Claim 18 recites the same limitations of claim 9 as previously rejected above.
Regarding claim 19, Nakamoto in view of Marchetti, Wallach as further evidenced by Sites and Monzyk teaches the limitations of claim 1 as previously rejected above. Nakamoto further teaches a controller coupled to receive a signal corresponding to an operating setpoint input by a user of the apparatus; wherein the controller generates and sends a signal to at least one of the valve and the air mover to adjust at least one of the rate of fuel and the rate of air delivered to the air -fuel mixing chamber (the controller 85 operates in response to a signal from the temperature 87 to close the electromagnetic valve 83 to thereby interrupt the supply of the gaseous fuel, but when the temperature sensor 87 detects the temperature equal to or lower than 27° C., the controller 85 operates to open the electromagnetic valve 83 to initiate the supply of the gaseous fuel again so that the temperature at the inner back 72 of the clothing can be kept at a comfortable temperature of 32° C; Col. 13, lines 32-40).
Claim 20 recites the same limitations of claim 19 as previously rejected above.
Claims 2 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamoto (Patent No. 6,098,612) in view of Marchetti (Pub No. 2004/0200217), Wallach (2004/0079089) as further evidenced by Sites (Patent No. 5,730,720), Monzyk (2003/0074062) and in further view of Robinson (Pub. No. 2009/0163984).
Regarding claim 2, Nakamoto in view of Marchetti, Wallach as further evidenced by Sites teaches the limitations of claim 1 as previously rejected above. Nakamoto does not teach wherein the catalyst member comprises one of palladium and platinum. However, Robinson teaches platinum to be a suitable catalyst [0053]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide for a catalyst comprising platinum since Robinson teaches it is a suitable catalyst in the presence of air for the purposes of providing heat [0053].
Claim 11 recites the same limitations of claim 2 as previously rejected above.
Claims 3-5 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamoto (Patent No. 6,098,612) in view of Marchetti (Pub No. 2004/0200217), Wallach (2004/0079089) as further evidenced by Sites (Patent No. 5,730,720), Monzyk (2003/0074062), and in further view of Fernie (Pub. No. 2012/0061619).
Regarding claim 3, Nakamoto in view of Marchetti, Wallach as further evidenced by Sites and Monzyk teaches the limitations of claim 1 as previously rejected above. Nakamoto is silent about specifically teaching wherein the fuel stored in the tank is hydrocarbon. However, Fernie teaches wherein the fuel is hydrocarbon [0012]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide for hydrocarbon as fuel due to its high temperature heat [0019].
Regarding claims 4 and 5, Nakamoto in view of Marchetti, Wallach as further evidenced by Sites and Monzyk teaches the limitations of claim 1 as previously rejected above. Nakamoto (warming surface Col. 6 lines 28-33) and Wallach (conductive stainless steel plates 1, 2 [0064]) both provide that a fluid warming chamber comprises a metal. Nakamoto is silent about specifically teaching a metal alloy and wherein the heat exchanger base comprises aluminum. However, Fernie teaches high alloy steel will comprise aluminum [0023]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the fluid warming chamber to include a metal alloy and aluminum as taught by Fernie for the purposes of convective heat transfer [Abstract].
Claim 12 recites the same limitations of claim 3 as previously rejected above.
Claim 13 recites the same limitations of claim 4 as previously rejected above.
Claim 14 recites the same limitations of claim 5 as previously rejected above.
Claims 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamoto (Patent No. 6,098,612) in view of Marchetti (Pub No. 2004/0200217), Wallach (2004/0079089) as further evidenced by Sites (Patent No. 5,730,720), Monzyk (2003/0074062), and in further view of Greenhill (Patent No. 6,223,844).
Regarding claim 7, Nakamoto in view of Marchetti, Wallach as further evidenced by Sites and Monzyk teaches the limitations of claim 1 as previously rejected above. Nakamoto does not teach a fuel cell configured to receive a flow of fuel gas and to generate an electrical current to operate a motor within the air mover. However, Greenhill teaches a fuel cell provides independent electric power from a fuel and oxidant (Abstract) to a motor 50 which drives fan 54 (Col. 5, lines 30-45). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide for a fuel cell configured to receive a flow of fuel gas from Nakamoto for the purposes of generating an electrical current to operate a motor within an air mover since Greenhill teaches fuel cells are well devices for providing electric power to a motor which powers an auxiliary device or a fan.
Claim 16 recites the same limitations of claim 7 as previously rejected above.
Response to Arguments
Applicant’s arguments in the response 5/21/2025 has been considered by the Examiner. Applicant’s amendments necessitate a new grounds of rejection. Claims 1 and 10 are rejected Nakamoto (Patent No. 6,098,612) in view of Marchetti (Pub No. 2004/0200217), Wallach (2004/0079089) as further evidenced by Sites (Patent No. 5,730,720), and Monzyk (2003/0074062).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASAMIN EKRAMI whose telephone number is (571)272-9803. The examiner can normally be reached 9:00-5:00.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne M. Hoffman can be reached at (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Y.E/ Examiner, Art Unit 3794
/KAITLYN E SMITH/ Primary Examiner, Art Unit 3794