CTNF 17/957,698 CTNF 89745 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restriction 08-25-01 AIA Applicant’s election without traverse of claims 1-10 and claims 19-26 in the reply filed on 4/6/26 is acknowledged. However, a supplemental restriction to one of the following inventions is required under 35 U.S.C. 121: 08-11 AIA I. Claims 1-10 , drawn to an apparatus with a fan with movable base, temperature sensor and processor circuitry to move the base based on temperature, classified in H05K7/20136. II . Claim s 19-26 , drawn to a non-transitory machine-readable medium for controlling a fan on a peripheral card , classified in G06F1/20. The inventions are independent or distinct, each from the other because: Inventions I and II are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed have a (1) material different design because Invention I has at least one memory, a fan having a base and only detects a first temperature but Invention II does not have a memory, has a fan without a base, has a peripheral card and detects a first temperature and a second temperature. (2) the inventions are mutually exclusive since the apparatus of Invention I does not require the peripheral card of Invention II and the non-transitory machine readable storage medium of Invention II does not the base or the at least one memory of Invention I . (3) the inventions are not obvious variants because Invention I detects a first temperature to determine whether or not to move a fan whereas Invention II detects a first temperature and a second temperature of a peripheral card to determine whether to move the card from a first location to a second location of the peripheral card . 08-21 Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply: Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention . The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention. Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case . In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention. During a telephone conversation with Thomas Lane (Reg. 42,781) on 4/22/26 a provisional election was made without traverse to prosecute Invention I, claims 1-10 Affirmation of this election must be made by applicant in replying to this Office action. Claims 19-26 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 6 is 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. 07-34-05 AIA Claim 6 recites the limitation " the heat sink ” in line 3 . There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim 1 is rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Ma (CN 110099546 – see attached translation) . Re claim 1: Ma discloses An apparatus (everything in fig. 1) comprising: a temperature sensor (abstract) ; a fan (2 in fig. 1) having a base (base of 2 in fig. 1) ; at least one memory (the server mentioned in the abstract has memory) ; machine readable instructions (signal that controller sends stepping motor in the abstract) ; and processor circuitry (“controller” in the abstract) to execute operations (moving up or moving down in the abstract) corresponding to the machine readable instructions to: determine a first temperature based on an output of the temperature sensor (temperature from “temperature sensor” in the abstract) ; and cause the base of the fan to move based on the first temperature (the fan 2 moves based on the temperature from the temperature sensor according to abstract) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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. 07-21-aia AIA Claim s 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 110099546) in view of Ho (TW I775572 – see attached translation). Re claim 2: Ma does not explicitly disclose further including a heat sink, the base of the fan moveable relative to the heat sink. Ho discloses further including a heat sink (heat sink of 121 in fig. 3A) , the base of the fan (base 144 of fan 130 in fig. 3A, 3B) moveable relative to the heat sink (fig. 3A, 3B) . Thus it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Ma further including a heat sink, the base of the fan moveable relative to the heat sink as taught by Ho, in order to direct cool air at hot spots in the apparatus as they arise. Re claim 3: Ma does not explicitly disclose wherein the temperature sensor is in communication with the heat sink. Ho discloses wherein the temperature sensor (T1 in fig. 3B) is in communication with the heat sink (fig. 3B) . Re claim 4: Ma does not explicitly disclose further including a tray to support the fan, the tray including: a first frame; and a second frame, the second frame to carry the first frame, the first frame moveable relative to the second frame. Ho discloses further including a tray (144 + frame of 130 in fig. 1B) to support the fan (130 in fig. 1B) , the tray including: a first frame (frame of 130 in fig. 1B) ; and a second frame (144 in fig. 1B) , the second frame to carry the first frame (fig. 1B) , the first frame moveable relative to the second frame (these two frames can move with respect to each other when 130 is removed) . Thus it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Ma further including a tray to support the fan, the tray including: a first frame; and a second frame, the second frame to carry the first frame, the first frame moveable relative to the second frame as taught by Ho, in order to firmly hold onto the fan to prevent it from unexpectedly disconnecting from the apparatus. Re claim 5: Ma does not explicitly disclose further including an actuator, the processor circuitry to cause the actuator to move the first frame. Ho discloses further including an actuator (141 in fig. 1B) , the processor circuitry (160 in fig. 2A) to cause the actuator to move the first frame (1B) . 07-21-aia AIA Claim s 8, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 110099546). Re claim 8: Ma does not explicitly disclose wherein the fan is a first fan and further including a second fan, the second fan having a base that is moveable relative to the first fan. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Ma wherein the fan is a first fan and further including a second fan, the second fan having a base that is moveable relative to the first fan in order to remove additional heat from the apparatus, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Re claim 9: Ma does not explicitly disclose wherein the processor circuitry is to cause blades of the first fan to rotate in a first direction and blades of a second fan to rotate in a second direction, the first direction opposite the second direction. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Ma wherein the processor circuitry is to cause blades of the first fan to rotate in a first direction and blades of a second fan to rotate in a second direction, the first direction opposite the second direction in order to electronic components that may be in a different region of the apparatus, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 166 . 07-21-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 110099546) in view of Thao (US 2019/0024953). Re claim 10: Ma does not explicitly disclose wherein the processor circuitry is to: determine a rotational speed of the fan blades; and cause an alert to be output based on the rotational speed. Thao discloses wherein the processor circuitry (“controller” in para. 0009) is to: determine a rotational speed of the fan blades (para. 0009) ; and cause an alert to be output based on the rotational speed (para. 0009) . Thus it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Ma wherein the processor circuitry is to: determine a rotational speed of the fan blades; and cause an alert to be output based on the rotational speed as taught by Thao, in order to know how much power the fan is drawing . 07-21-aia AIA Claims 6 and 7 are re jected under 35 U.S.C. 103 as being unpatentable over Ma (CN 110099546) in view of Ho (TW I775572), and further in view of Pukari (US 10,890,014 – hereinafter "the '014 patent"). Re claim 6: Ma in view of Ho discloses the apparatus of claim 4, including the tray having the first frame and the second frame, the second frame to carry the first frame, the first frame moveable relative to the second frame (see the rejection of claim 4 above).Ma in view of Ho does not explicitly disclose wherein the first frame includes a first magnet and the second frame includes a second magnet, the second magnet to couple with the first magnet when the base of the fan is at a first location relative to the heat sink. The '014 patent discloses a first magnet (semi-hard magnet) carried by one member and a second magnet (hard magnet) carried by an adjacent, relatively moveable member, the first and second magnets being arranged adjacent one another so as to magnetically couple and hold the members at a defined position (a stable/rest position of the mechanism), wherein the magnetic coupling maintains that position without continuously consuming power. Thus it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Ma in view of Ho such that the first frame includes a first magnet and the second frame includes a second magnet, the second magnet to couple with the first magnet when the base of the fan is at a first location relative to the heat sink, as taught by the '014 patent, in order to securely yet releasably retain the first frame, and thus the fan, at the first location relative to the heat sink and prevent it from unexpectedly disconnecting, while maintaining that position without continuously consuming power. Re claim 7: Ma in view of Ho, and further in view of the '014 patent, discloses the apparatus of claim 6. Ma discloses the processor circuitry (the "controller") (see the rejection of claim 1 above). Ma in view of Ho does not explicitly disclose wherein the processor circuitry is to cause a polarity of the first magnet to be adjusted to cause the second frame to move. The '014 patent discloses processor circuitry (a processing module / software program product controlling a power source) that energizes a magnetization coil to change the magnetization polarization (polarity) of the first magnet (semi-hard magnet), thereby repelling or attracting the second magnet (hard magnet) and causing the member that carries the second magnet to move between positions. Thus it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Ma in view of Ho, and further in view of the '014 patent, such that the processor circuitry is to cause a polarity of the first magnet to be adjusted to cause the second frame to move, as taught by the '014 patent, in order to controllably move the second frame, and thereby adjust the position of the fan base relative to the heat sink, electromagnetically under processor control — including based on temperature as already taught by Ma — rather than relying on manual repositioning . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : US 2018/0108339 - is considered pertinent because this application describes dynamic positioning of fans to reduce noise. US 2017/0115707 - is considered pertinent because this application describes heat dissipation system and electronic device using the system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENGFU J FENG whose telephone number is (571) 272-2949. The examiner can normally be reached on Monday - Friday, 900am-530pm EST. 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, Jayprakash Gandhi can be reached at (571) 272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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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. /ZHENGFU J FENG/Primary Examiner, Art Unit 2835 May 20, 2026 Application/Control Number: 17/957,698 Page 2 Art Unit: 2841 Application/Control Number: 17/957,698 Page 3 Art Unit: 2841 Application/Control Number: 17/957,698 Page 4 Art Unit: 2841 Application/Control Number: 17/957,698 Page 5 Art Unit: 2841 Application/Control Number: 17/957,698 Page 6 Art Unit: 2841 Application/Control Number: 17/957,698 Page 7 Art Unit: 2841 Application/Control Number: 17/957,698 Page 8 Art Unit: 2841 Application/Control Number: 17/957,698 Page 9 Art Unit: 2841 Application/Control Number: 17/957,698 Page 10 Art Unit: 2841 Application/Control Number: 17/957,698 Page 11 Art Unit: 2841 Application/Control Number: 17/957,698 Page 12 Art Unit: 2841 Application/Control Number: 17/957,698 Page 13 Art Unit: 2841 Application/Control Number: 17/957,698 Page 15 Art Unit: 2841
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