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 Arguments
Applicant's remarks filed 8/04/2026 have been fully considered.
Regarding the prior art rejection of claim 1, in paragraphs 3-6 of page 7 of Applicant's Remarks, Applicant's arguments are directed to that the prior art fails to disclose, teach, or suggest the amended limitations of amended claim 1.
Applicant’s arguments are persuasive. Therefore, the previous prior art rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as identified below; please see the action below for details of new rejections.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
“a cavity” identified in claim 1 line 18. It is unclear exactly which feature this limitation is meant to refer to, including whether this is meant to refer to the same “a cavity” identified in claim 1 line 27 or some materially different feature.
Note that 35 U.S.C. 113 identifies the requirement for drawings to be generally provided (“The applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented.”) and 37 CFR 1.83(a) identifies requirements for what those drawings must show (“The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box)”).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
The following claims are objected to because of the following informalities:
Claim 1 (line 22) should be rewritten as -- the plurality of impeller blades -- for consistency with how this term is used multiple times elsewhere throughout claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claim(s) 1, 3 is/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 (line 27) recites the limitation “a cavity” which renders the claim indefinite because it is unclear if this references the same cavity previously identified in claim 1 line 18 or a different cavity.
Claim(s) 3 is/are also rejected by virtue of dependency.
In view of the 112(b) rejections set forth above, the claims are rejected below as best understood.
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) 1, 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200006997 A1 (hereinafter Kim) in view of US 20130302156 A1 (Nurzynski) and US 20070065276 A1 (hereinafter Muller) and non-patent literature “The power of good design for assembly” (hereinafter Knowles, originally provided with the office action mailed on 5/04/2026) as evidenced by non-patent literature “Design for assembly” (hereinafter NPLdesign, originally provided with the office action mailed on 5/04/2026).
Examiner’s note: All mapping below (references made to reference characters, figures, paragraphs, etc.) is with regard to the base reference (the first reference identified above) unless otherwise noted.
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Annotated Fig 3a
Regarding claim 1, Kim discloses:
A rotating machine, comprising:
a housing (8 combined with 10, 71, and 100; Fig 4) comprising a first end (upstream end in Fig 4) and a second end (downstream end in Fig 4) opposite the first end,
wherein the first end defines an inlet (at 71; Fig 4) for air (abstract) to enter into the rotating machine and the second end defines an outlet (at 100; Fig 4) for the air to exit the rotating machine;
a bearing (4; Fig 3) positioned in the housing;
a shaft (2; Fig 3) rotationally supported by the bearing at least partially within the housing (Fig 3 shows this),
wherein the shaft is rotatable about a rotational axis (axis of the shaft’s rotation; Fig 3) that extends in a longitudinal direction from the first end to the second end of the housing (Fig 3 shows this),
the shaft comprising a first longitudinal end and a second longitudinal end opposite the first longitudinal end (Fig 3 shows this);
and a fan (6; Fig 3) attached to the shaft so as to be coaxially aligned with the bearing (Fig 3 shows this),
wherein the fan comprises:
an upstream side (Fig 3 shows this);
a downstream side (Fig 3 shows this);
a curved back plate (annotated Fig 3a; Fig 3 and Fig 4 clearly show it comprises a curved surface) comprising
(i) a non-planar upstream face (the face pointed to by the leader line of reference character 61 in Fig 4) on the upstream side and facing the inlet (Fig 3, Fig 4 show this) and extending from an upstream end to a downstream end of the curved back plate (Fig 3 shows this)
and (ii) a downstream face (annotated Fig 3a) on the downstream side and facing the outlet (Fig 3 show this),
wherein the downstream face defines a cavity (e.g. Fig 3 shows this);
a plurality of impeller blades on the upstream side, integral with the upstream face, and extending from the upstream face towards the inlet (e.g. Fig 3 shows all this);
and a hub (annotated Fig 3a) integral with the curved back plate (Fig 3 shows this),
wherein the hub defines a cavity configured to receive the shaft (Fig 3 shows this);
wherein the fan defines an airflow path (Fig 3 shows this) including:
(i) an intake (annotated Fig 3a) configured to receive the air from the inlet of the housing;
and (ii) an exhaust (annotated Fig 3a) configured to discharge the air from the intake toward the outlet of the housing (Fig 3 shows this), and a portion of the airflow path between the intake and the exhaust is in a direction that is not parallel to the rotational axis (Fig 3 shows this),
wherein the inlet and the outlet of the housing are aligned with one another and are on and intersecting the rotational axis such that the rotational axis extends through the inlet and the outlet (Fig 3 shows all this).
Kim may not explicitly disclose:
the downstream face is non-planar
a shroud on the upstream side, integral with the plurality of impeller blades, and at least partially covering the plurality of blades such that the shroud is spaced apart from the curved back plate by the plurality of impeller blades, wherein the shroud is upstream of the bearing and downstream of the inlet;
the hub extending outwards from the downstream face of the back plate toward the outlet of the housing
However, Nurzynski, in the same field of endeavor, rotating machines comprising fans, teaches:
In Fig 6 an analogous impeller 60 comprising:
a hub having an extension extending from the downstream face of the back plate, where the impeller and the shaft interface, extending along a length of and surrounding the shaft and extending toward the outlet of the housing, and also
a shroud 88 that is integral with the plurality of impeller blades.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kim to include Nurzynski’s teachings as described above, having Kim’s fan comprise Nurzynski’s extension at the fan’s hub, and comprise Nurzynski’s shroud, in order to (regarding the hub) maximize contact surfaces between the impeller and shaft for increased stiffness, rigidity, stability, strength, within the fan and shaft assembly and (regarding the shroud) increase stiffness of the impeller and also prevent the blade tips from coming into contact with the impeller housing in the event that the impeller becomes mis-aligned with the impeller housing during use (para 0017). This modification would result in the limitations identified above. Nurzynski’s extension along the shaft results in the downstream face being non-planar.
Insofar as Applicant may argue that Nurzynski’s shroud is not formed as a single unitary part with the blades, it is noted that courts have established that it is not inventive to merely take parts which were formerly separated and combine them into an integrated structure, see MPEP 2144.04(V)(B). However, insofar as Applicant may try to argue against this, it is noted that it is an obvious concept in the field of machine design to take parts which were formerly separated and combine them into an integrated structure in order to reduce assembly concerns. NPLdesign, for example, is evidence of this, and identifies the obvious general teaching that if a product contains fewer parts it will reduce assembly times and costs (paragraph 1). Knowles provides a general teaching that consolidating parts has an obvious/inherent benefit of plainly reducing the number of parts involved, and also reduces the amount of assembly work and reduces the possibility of mis-assembly (page 4 para 1). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kim as modified above to include Knowles’s teachings, which are also evidenced by NPLdesign, to have the shroud formed as a single, unitary part with the blades, in order to, for example, reduce the amount of assembly and the possibility of mis-assembly (Knowles page 4 para 1).
Kim as modified above may not explicitly disclose:
and a sealing ring portion integral with the curved back plate on the downstream side, the sealing ring portion comprising a circular shape and extending outwards from the downstream face toward the outlet, the sealing ring portion comprising a planar surface extending perpendicular to the rotational axis facing the outlet, wherein the sealing ring portion extends around a circumference of the curved back plate,
However, Muller, in the same field of endeavor, impellers, teaches:
In Figs 2 and 3 a seal system for an impeller, on the back plate, in order to for example “contain the compressed gas discharged from the impeller” (para 0003). Particularly:
a sealing ring portion (generally at the radially outer portion of the impeller; Figs 2 and 3) integral with the curved back plate on the downstream side (Fig 2 shows this), the sealing ring portion comprising a circular shape and extending outwards from the downstream face toward the outlet (Fig 2 shows all this), the sealing ring portion comprising a planar surface (e.g. generally at 235 in Fig 3) extending perpendicular to the rotational axis facing the outlet (Figs 2 and 3 show this), wherein the sealing ring portion extends around a circumference of the curved back plate (Figs 2 and 3 show this),
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kim as modified above to include Muller’s teachings as described above, having Muller’s seal system on the back plate in order to contain the compressed gas discharged from the impeller there (para 0003). This modification further results in the downstream face being non-planar.
Regarding claim 3, Kim as modified above further discloses:
a heat sink (72; Fig 3) disposed within the housing so as to be longitudinally between the fan and the inlet (Fig 3 shows this);
and a rotor (3; Fig 3) disposed on the shaft so as to be longitudinally between the heat sink and the outlet (Fig 3 shows all this),
wherein the fan is configured to receive the air from the inlet in a direction that is parallel to the rotational axis (Fig 3 shows this) and, in cooperation with a non-rotation section of a chassis (17; Fig 3), subsequently discharge the air toward the outlet in a direction that is parallel to the rotational axis (Fig 3 shows all this).
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 extension fee 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 date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Art Golik whose telephone number is (571)272-6211. The examiner can normally be reached Mon-Fri 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached at 571-270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Art Golik/Examiner, Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745
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