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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, claims 1-6 in the reply filed on 9/15/2025 is acknowledged.
Claim 7 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/15/2025.
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.
Claims 1-6 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the supply fan" in 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the integrated supply fan and the relief fan assembly" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Since claims 2-4, 6 depend upon an indefinite claim, those claims are construed to be indefinite by dependency.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Teoh (US 2015/0292761 A1) in view of Egawa et al. (US 6,210,118 B1).
Teoh discloses a roof 32 mounted ventilation assembly 20 for a structure 22, comprising: an integrated supply and relief fan assembly 102 mounted to an upper portion 32 of the structure 22 (Figs. 2, 8); an air inlet 82 disposed above and relative to the integrated supply and relief fan assembly 102 (Fig. 8); a supply discharge plenum (Fig. 8, bottom portion of conduit 62 at 68) fluidly coupled to the air inlet 82 by way of a supply conduit 62(Fig. 8), wherein the supply discharge plenum is disposed in an interior space 36, 46 of the structure 22 (Figs. 2, 8); and the integrated supply and relief fan assembly 102 comprising a supply axial fan portion 104 and a relief fan portion 106 (Figs. 8-10), wherein the supply axial fan portion 104 is fluidly coupled to the supply conduit 62 (Fig. 8), wherein the supply fan comprising a plurality of axial fan blades 104, and wherein the relief fan portion fluidly couples the interior space with an external environment (see air flow arrows in Fig. 8, air flows from 46, thru space 72, to external environment), whereby the supply axial fan portion 104 draws in a supply air flow from the air inlet 82 (Fig. 8). However, Teoh does not disclose a relief blower wheel comprising a plurality of centrifugal fan blades. Egawa et al. disclose an integrated supply and relief fan assembly (Figs. 1A, 5) comprising a supply axial fan portion 3a, 16 and a relief centrifugal fan portion 3b,18 (col. 3, lines 21-23, col. 4, lines 15-26), wherein the supply fan comprising a plurality of axial fan blades 3a,16, wherein the integrated supply and relief fan assembly draws in air in an axis direction and discharges the air in a radial direction (abstract, i.e. direction of a relief air flow is transverse relative a direction of the supply air flow). Wherein the relief centrifugal fan portion 18 comprises backward inclined centrifugal blades 18 (Fig. 5). Wherein the relief centrifugal fan portion 3b comprises forward curved centrifugal blades 3b (Fig. 1A). Wherein a drive shaft 2, 14 is operatively associated with the integrated supply fan and the relief fan assembly to drive both the supply axial fan portion 3a,16 and the relief centrifugal fan portion 3b, 18. Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to modify the roof mounted ventilation assembly of Teoh to substitute the integrated supply and relief fan assembly with a plurality of axial fan blades 3a, 16 and a plurality of centrifugal fan blades 3b, 18 and drive shaft 2, 14 of Egawa et al. for the integrated supply and relief blower assembly 102 of Teoh in order to enhance the heat dissipating effect and reduce noise. With regard to claim 6, as Teoh discloses the rotation of the supply and relief fan assembly selectively pressurizes the interior space through a ratio of the supply air flow to a relief air flow (Fig. 8, paragraphs [0091]-[0092], the ratio of the supply air flow to a relief air flow is set by the diameter of the conduits 24, 62), the operation of the drive shaft of the modified system of Teoh in view of Egawa et al. would cause the rotation of the blades of the supply and relief fan assembly and thus selectively pressurizes the interior space through a ratio of the supply air flow to a relief air flow as well.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA J YUEN whose telephone number is (571)272-4878. The examiner can normally be reached on Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL G HOANG can be reached on (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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/Jessica Yuen/
Primary Examiner
Art Unit 3762
JY