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 .
Response to Amendments
The amendments filed on 03/16/2026 have been received, to which the Applicant is thanked. Claim 10 has been cancelled and removed from consideration. Claims 27, 32-33, 35, 37, 41-42, 53-54 have been withdrawn from consideration. New claim 55 has been entered into consideration. The Applicant has overcome the claim objection of record and they have been withdrawn. The Applicant has amended claim 18 to overcome the 112(f) rejection of record and it has been withdrawn.
Response to Arguments
The arguments have been fully considered, but have not been found to be persuasive.
In response to Applicants argument on page 2-4 regarding newly amended claim language,
The examiner respectfully responds the Applicants arguments are directed to new amendments to the claim language, which have been addressed in the rejection below.
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 1-2, 4, 6, 8, 10, 12-14, 18, & 55 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen (US 9,494,331).
Regarding claim 1, Jensen (US 9,494,331) shows a fan assembly, the fan assembly (1, Fig. 1) comprising:
an enclosure (Fig.1/2/3, see Annotated Figure 1 – the fan assembly 1 comprises of the structure of the enclosure that houses the first conduit) comprising a first pair of intake and outtake passages (see Annotated Figure 1 – the first pair of intake passages are passages where air transfers through the fan unit) configured to be connected to a first conduit (see Annotated Figure 1) and the first pair of intake and outtake passages (see Annotated Figure 1 – the first pair of outtake passages are passages where air transfers through the fan unit) configured to be connected to a second conduit (see Annotated Figure 1),
a fan unit (see Annotated Figure 1) pivotally mounted between the first pair of intake and outtake passages of the housing (see Annotated Figure 1);
in a first mode (see Annotated Figure 1), the fan unit being pivotally oriented to allow a first air flow produced by the fan unit in the first conduit and to substantially limit air flow in the second conduit (Col. 2, Lines 55-67 / Col. 3, Lines 1-3, see Annotated Figure 1 – the housing is stepless and can be in many different positions, to which in the first mode the housing is pivotally oriented to allow a first air flow, that is produced by the fan unit in the first conduit by its suction, and substantially limits air flow in the second conduit);
in a second mode (see Annotated Figure 1), the fan unit being pivotally oriented to substantially limit the air flow in the first conduit and to allow a second air flow produced by the fan unit in the second conduit (see Annotated Figure 1 - in the second mode the housing is pivotally oriented to substantially limit the suction air flow within the first conduit and to allow a second air flow produced by the fan unit in the second conduit).
Regarding claim 1, Jensen teaches elements of the claimed invention as stated above except for a second pair of intake and outtake passages.
In this case, the prior art references a first pair of intake and outtake passages configured to be connected to a first conduit (see Annotated Figure 1) and the first pair of intake and outtake passages configured to be connected to a second conduit (See Annotated Figure 1).
Producing a second pair of intake and outtake passages would produce the same result of first pair of intake and outtake passages, with the same results of adjusting airflow therethrough. Accordingly, the courts have held that mere duplication of parts has no patentable weight significance unless a new and unexpected result is produced. See MPEP 2144.04, Sect. VI.B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a second pair of intake and outtake passages to increase the overall volume of air to be moved.
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Annotated Figure 1
Regarding claim 2, Jensen shows in the second mode, the fan unit blocking the air flow in the first conduit (see Annotated Figure 1 - The oxford English Dictionary defines Block: “To impede passage along or through (an opening, thoroughfare, waterway, etc.) by placing or constituting an obstacle; to obstruct, close off, or cause a blockage in (a passage, channel, opening, etc.)”; to which the Examiner is using the broadest reasonable interpretation to understand that in the second mode, the housing is blocking the airflow in the first conduit, as it impedes the airflow; see Figure A).
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Figure A
Regarding claim 4, Jensen shows the fan unit being mounted in a housing pivotally mounted to the enclosure (Fig.1/2/3, see Annotated Figure 1 – the fan unit is mounted in a housing (see Annotated Figure 1) which is pivotally mounted to the enclosure).
Regarding claim 6, Jensen shows in a third mode (see Annotated Figure 1), the fan unit is being pivotally oriented to create a third air flow in the first conduit in an opposite direction to the first air flow (Col. 4, Lines 36-40, see Annotated Figure 1 – the fan unit can run in the opposite direction; and Jensen shows creating a third air flow in the first conduit that is in an opposite direction to the first air flow).
Regarding claim 8, Jensen shows in the first mode, the fan unit blocking air flow in the second conduit (see Annotated Figure 1 - air flow in the second conduit is blocked by the fan unit, which comprises of the housing, in the first mode) and in the second mode, the fan unit blocking the air flow in the first conduit (see Annotated Figure 1 - air flow in the first conduit is blocked by the fan unit in the second mode, as it blocks the suction of the flow of air within the first conduit).
Regarding claim 12, Jensen shows in a third mode (see Annotated Figure 1), the fan unit being pivotally oriented to allow a third air flow produced by the fan unit in the first conduit, the third airflow being opposite to the first air flow (Col. 4, Lines 36-40, see Annotated Figure 1 - the fan unit can run in the opposite direction; and Jensen shows a third mode creating a third air flow in the first conduit that is in an opposite direction to the first air flow).
Regarding claim 13, Jensen shows in a fourth mode (see Annotated Figure 1), the fan unit being pivotally oriented to create a fourth air flow in the second conduit, the fourth airflow being opposite to the second air flow (Col. 4, Lines 36-40, see Annotated Figure 1 - the fan unit can run in the opposite direction; and in a fourth mode, creating a fourth air flow that is produced by the fan unit in the second conduit by its suction in the second conduit, that is also in an opposite direction to the second air flow).
Regarding claim 14, Jensen shows wherein the fan unit is located at an intersection between the first and the second conduits, of which the fan unit is located at an intersection between the first pair of intake and outtake passages, each being respectively located in the first and second conduits (see Annotated Figure 1).
However, Jensen lacks showing a second pair of intake and outtake passages.
Regarding claim 14, Jensen teaches elements of the claimed invention as stated above except for a second pair of intake and outtake passages.
In this case, the prior art references a first pair of intake and outtake passages configured to be connected to a first conduit (see Annotated Figure 1) and the first pair of intake and outtake passages configured to be connected to a second conduit (See Annotated Figure 1).
Producing a second pair of intake and outtake passages would produce the same result of first pair of intake and outtake passages, with the same results of adjusting airflow therethrough. Accordingly, the courts have held that mere duplication of parts has no patentable weight significance unless a new and unexpected result is produced. See MPEP 2144.04, Sect. VI.B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a second pair of intake and outtake passages to increase the overall volume of air to be moved.
Regarding claim 18, Jensen shows further comprising an automatic pivoting assembly (Col. 4, Lines 24-29 – the rotational position of the fan unit is automatically pivoted through controlling the output of the motor) comprising a pivoting member activated by a motor configured to pivot the fan unit in relation to the first conduit (Col. 4, Lines 24-29, see Annotated Figure 1 – the pivoting assembly comprises of a member of which the pivoting happens about, or a pivoting member, which is activated by the air generated by the motor, which is configured to pivot the fan unit in relation to the first conduit).
Regarding claim 55, Jensen shows the housing comprising side walls (6, Fig. 1) configured to be alternatively positioned between the first pair of intake and outtake passages (Fig. 1b, see Annotated Figure 1).
However, Jensen lacks showing a second pair of intake and outtake passages.
Regarding claim 55, Jensen teaches elements of the claimed invention as stated above except for a second pair of intake and outtake passages.
In this case, the prior art references a first pair of intake and outtake passages configured to be connected to a first conduit (see Annotated Figure 1) and the first pair of intake and outtake passages configured to be connected to a second conduit (See Annotated Figure 1).
Producing a second pair of intake and outtake passages would produce the same result of first pair of intake and outtake passages, with the same results of adjusting airflow therethrough. Accordingly, the courts have held that mere duplication of parts has no patentable weight significance unless a new and unexpected result is produced. See MPEP 2144.04, Sect. VI.B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a second pair of intake and outtake passages to increase the overall volume of air to be moved.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Jensen (US 9,494,331), in view of Lee et al (US 2020/0298168), hereinafter referred to as Lee.
Regarding claim 15, Jensen shows elements of the claimed invention as stated above in claim 1 including the fan assembly.
However, Jensen lacks showing the fan assembly comprising at least one gas sensor, the sensor being attached to the fan unit, the gas sensor detecting one or more gases characteristics.
Lee (US 2020/0298168), a fan assembly, is in the same field of endeavor as Jensen which is a fan assembly.
Lee teaches the fan assembly (1, Fig. 6) comprising at least one gas sensor (61, Fig. 6 – element 61 is an air quality sensor which senses a degree of pollution or contamination of the environment), the sensor being attached to the fan unit (Fig. 1), the gas sensor detecting one or more gases characteristics (¶0095, Lines 11-14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fan assembly of Jensen to incorporate the teachings of the fan assembly of Lee, which would provide a way to sense the condition of the contaminants in the air and that which is filtered out by the air filter (¶0003).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN L FAULKNER whose telephone number is (469)295-9209. The examiner can normally be reached M-F: 9-7, Every other F: Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at 571-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN L FAULKNER/ Examiner, Art Unit 3762
/AVINASH A SAVANI/ Primary Examiner, Art Unit 3762
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