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 .
Status
This Office Action is in response to the remarks and amendments filed on 01/15/2026. Claims 21-22 are new. Claims 1-18 and 21-22 remain pending for consideration on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/24/2025 was filed after the mailing date of the published application on 04/20/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-18 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.
Claims 1 and 18 recite “the fan assembly rotates around a rotation axis of the wheel so that the misting fan can change its posture” which renders the claim indefinite. This language is indefinite because it’s not clear what is being claimed and what the scope is. This limitation is indefinite because it is not clear if the fan “is” required to change posture or “is not” required to change posture. No person of ordinary skill in the art would know what “can” means with reasonable certainty. Therefore, the scope is unclear and for purposes of examination, the entire paragraph has been considered optional because of the “can”.
Claims 2-17 are rejected based on dependency from a rejected claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 5, 17 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Stenis (CN 203856744 U, hereinafter Stenis) in view of DeClementi (US 8966925 B1, hereinafter DeClementi) and Krupp (US 9459022 B2, hereinafter Krupp).
Regarding claim 1, Stenis teaches a misting fan (fan 10), comprising: a host (protective cover 18) comprising a fan assembly (blade assembly 14) and a nozzle (nozzle unit 52), wherein the fan assembly (blade assembly 14) comprises a fan blade (blade 30) and a motor (motor 26) driving the fan blade (paragraph 0014), and the nozzle (nozzle unit 52 includes a first nozzle 68 and a second nozzle 72, paragraph 0020) is located on the fan assembly (paragraph 0020) and sprays a water mist (paragraph 0020); a rack (base 22) supporting the fan assembly (base 22 shown includes a first support part 80 and second support part 84, a first support arm 88 and second support arm 92, paragraph 0021).
Stenis teaches the invention as described above but fail to teach a wheel coupled to the fan assembly, the wheel being located on a first side of the fan assembly and a battery compartment detachably accommodating a power supply assembly to electrically couple to the motor and to power the motor.
However, DeClementi teaches a wheel (wheels 640) coupled to the fan assembly (as shown on figure 2), the wheel being located on a first side of the fan assembly (as shown on figure 2) and battery compartment (within the mechanical compartment 80, shown on figure 2) detachably accommodating a power supply assembly (battery 100) to electrically couple to the motor (abstract) and to power the motor (a battery configurable to different situations to selectively engage the water cooler system and each fan, abstract).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the teachings of Stenis to include wherein the misting fan is further provided with a moving wheel for walking and a battery compartment configured to detachably accommodate a power supply assembly to power the motor in view of the teachings of DeClementi in order to yield the predictable results of allowing movability and power for the device.
The combined teachings teach the invention as described above but fail to teach the battery compartment being located on a second side of the fan assembly different from the first side, and the fan assembly rotates around a rotation axis of the wheel so that the misting fan can change its posture between a first standing posture and a second standing posture.
However, Krupp teaches the battery compartment (128, figure 7a) being located on a second side of the fan assembly (left side of system 77, figure 7a) different from the first side (right portion of system 77, figure 7a), and the fan assembly (system 77) rotates around a rotation axis of the wheels (placement of wheels 110 allows the system to be moved vertically, horizontally, or in a balanced diagonal position with the system being stable in each position, col 19 lines 14-16) so that the misting fan (blower 58, corresponding to fan 10 of Stenis) can change its posture between a first standing posture (figure 7a) and a second standing posture (portable system 77 can operate safely with the system positioned vertically, diagonally, or horizontally, col 22 lines 34-36).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include the battery compartment being located on a second side of the fan assembly different from the first side, and the fan assembly rotates around a rotation axis of the wheel so that the misting fan can change its posture between a first standing posture and a second standing posture in view of the teachings of Krupp in order to yield the predictable results of creating different flow paths.
Regarding claim 2, the combined teachings teach further comprising a handle assembly (handle 600, figure 2 of DeClementi) cooperated with the wheel (figure 2 of DeClementi), wherein the handle assembly (handle 600, figure 2 of DeClementi) is held by a user to drive the misting fan to move along a ground through the wheel (one of the ordinary skill in the art would determine that handle 600 will be used to allow movability of the cooling device via wheels 640, as shown on figure 2 of DeClementi).
Regarding claim 5, the combined teachings teach the invention as described above but fail to teach wherein the battery compartment is arranged at an end of the rack away from the wheel.
However, Applicant has not disclosed that having “wherein the battery compartment is arranged at an end of the rack away from the moving wheel” does anything more than produce the predictable result of separating the battery from the wheel. Since it has been held that the rearrangement of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI. C, it would have been obvious to one having ordinary skill in the art before the effective filing date, to modify the battery 100 of DeClementi to be placed away from wheel 640 and meet the claimed limitations in order to provide the predictable result of separating the battery from the wheel.
Regarding claim 17, the combined teachings teach wherein the battery compartment (battery chamber 39 of Stenis) is arranged at a lower side of a rotation axis of the motor (lower side of the rotation axis of drive motor 26, as shown on figure 4 of Stenis) and extends in a direction inclined relative to a placement plane (extending in an inclined direction relative to plane S, as shown on figures 4-5 of Stenis).
Regarding claims 21, the combined teachings teach all the limitations of claim 21. See rejections of claim 1.
Regarding claims 22, the combined teachings (Krupp) teach all the limitations of claim 21. See rejections of claim 1.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Stenis as modified by DeClementi as applied to claim 1 above, and in further view of Lykins et al (US 20130168882 A1, hereinafter Lykins).
Regarding claim 3, the combined teachings teach the invention as described above but fail to teach wherein the handle assembly has a first state and a second state relative to the rack, the handle assembly is in a contracted state when the handle assembly is in the first state relative to the rack, and the handle assembly is in an extended state when the handle assembly is in the second state relative to the rack.
However, Lykins teaches wherein the handle assembly (handle 150) has a first state (retracted position 259) and a second state (extended position 159) relative to the rack (figures 1A and 2), the handle assembly (handle 150) is in a contracted state (retracted position 259) when the handle assembly is in the first state (retracted position 259) relative to the rack (relative to mounting bracket 190, figure 2, corresponding to base 22 of Stenis), and the handle assembly (handle 150) is in an extended state (extended position 159) when the handle assembly is in the second state (extended position 159) relative to the rack (relative to mounting bracket 190, figure 1A, corresponding to base 22 of Stenis).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include wherein the handle assembly has a first state and a second state relative to the rack, the handle assembly is in a contracted state when the handle assembly is in the first state relative to the rack, and the handle assembly is in an extended state when the handle assembly is in the second state relative to the rack in view of the teachings of Lykins in order to yield the predictable results of allowing the handle to roll the insulated container from one location to another location.
Regarding claim 4, the combined teachings teach wherein, when the handle assembly (handle 150 of Lykins) is in the second state (extended position 159 of Lykins), the misting fan (container 100 including module 160 and fan 170, as shown on figure 1 of Lykins) is movable at a relative angle to the ground and the moving wheel serves as a pivot (one of the ordinary skill in the art would determine that when handle 150 is used in conjunction with wheel assembly 140 and moved from one location to another, the container 100 including module 160 and fan 170 will be angled backwards with the wheels allowing the container to pivot).
Claims 6-7, 9-10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Stenis as modified by DeClementi as applied to claim 1 above, and in further view of Stutts (US 20030111746 A1, hereinafter Stutts).
Regarding claim 6, the combined teachings teach the invention as described above but fail to teach wherein the misting fan further comprises an extending portion, the extending portion contacts a placement plane to support the misting fan on the placement plane, and an extending direction of the battery compartment and the extending portion obliquely intersect and forms an included angle.
However, Stutts teaches wherein the misting fan (mister 10) further comprises an extending portion (members 13), the extending portion (members 13) contacts a placement plane (along platform 12, figure 1) to support the misting fan on the placement plane (as shown on figure 1), and an extending direction (along shelf 40, as shown on figure 2) of the battery compartment (compartment of battery 41, figure 2) and the extending portion (members 13) obliquely intersect (as shown on figure 2) and forms an included angle (an angle formed by shelf 40 and member 13, figure 2).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include wherein the misting fan further comprises an extending portion, the extending portion contacts a placement plane to support the misting fan on the placement plane, and an extending direction of the battery compartment and the extending portion obliquely intersect and forms an included angle in view of the teachings of Stutts in order to yield the predictable results of forming a vertical support.
Regarding claim 7, the combined teachings teach the invention as described above but fail to teach wherein the included angle is greater than or equal to 10° and less than or equal to 75°.
However, the Applicant has not disclosed that having “wherein the included angle is greater than or equal to 10° and less than or equal to 75°” does anything more than produce the predictable result of securing the battery to the rack. Since it has been held that changes in shape has no patentable significance unless a new and unexpected result is produced, [In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)], see MPEP 2144.04 IV B, it would have been obvious to one having ordinary skill in the art before the effective filing date, to modify the shelf 40 to be at an included angle is greater than or equal to 10° and less than or equal to 75° of Stutts and meet the claimed limitations in order to provide the predictable result of securing the battery to the rack.
Regarding claim 9, the combined teachings teach further comprising a handle assembly (handles 16, figure 2 of Stutts), wherein the handle assembly (handles 16, figure 2 of Stutts) comprises a grip portion (one of the ordinary skill in the art would determine that handles contain a grip portion for the user to grab on to in aiding of moving the unit) arranged around the battery compartment (around battery 41, as shown on figure 2 of Stutts).
Regarding claim 10, the combined teachings teach further comprising a handle assembly (handles 16, figure 2 of Stutts), wherein the handle assembly (handles 16, figure 2 of Stutts) comprises a grip portion (one of the ordinary skill in the art would determine that handles contain a grip portion for the user to grab on to in aiding of moving the unit), and the grip portion and the battery compartment (compartment of battery 41, figure 2 of Stutts) are arranged on the same side of the fan assembly (same side of fan 20, as shown on figure 2 of Stutts).
Regarding claim 16, the combined teachings teach wherein the battery compartment (compartment of battery 41, figure 2 of Stutts) is arranged at a right side of the fan assembly (right side of mister 10, figure 2 of Stutts).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Stenis as modified by DeClementi as applied to claim 1 above, and in further view of Naehu (US 20210364175 A1, hereinafter Naehu).
Regarding claim 8, the combined teachings teach the invention as described above but fail to teach wherein the rack comprises a first connecting assembly, a second connecting assembly, and a third connecting assembly, the second connecting assembly is connected to the first connecting assembly and the third connecting assembly, respectively, a first buffer portion is provided at the connection of the first connecting assembly and the second connecting assembly, the first buffer portion obliquely intersects with the first connecting assembly and the second connecting assembly, a second buffer portion is provided at the connection of the third connecting assembly and the second connecting assembly, and the second buffer portion obliquely intersects with the third connecting assembly and the second connecting assembly.
However, Naehu teaches wherein the rack (pedestal stand member 24) comprises a first connecting assembly (as illustrated below on figure 2), a second connecting assembly (as illustrated below on figure 2), and a third connecting assembly (as illustrated below on figure 2), the second connecting assembly (as illustrated below on figure 2) is connected to the first connecting assembly (connected, as shown below on figure 2) and the third connecting assembly (connected, as shown below on figure 2), respectively, a first buffer portion (as illustrated below on figure 2) is provided at the connection of the first connecting assembly (as shown below on figure 2) and the second connecting assembly (as shown below on figure 2), the first buffer portion (as illustrated below on figure 2) obliquely intersects (intersecting, as shown below on figure 2) with the first connecting assembly (as illustrated below on figure 2) and the second connecting assembly (as illustrated below on figure 2), a second buffer portion (as illustrated below on figure 2) is provided at the connection (second buffer portion provided at the connection in between the third connecting assembly and second connecting assembly, as shown below on figure 2) of the third connecting assembly (as illustrated below on figure 2) and the second connecting assembly (as illustrated below on figure 2), and the second buffer portion (as illustrated below on figure 2) obliquely intersects (intersecting, as shown below on figure 2) with the third connecting assembly (as illustrated below on figure 2) and the second connecting assembly (as illustrated below on figure 2).
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Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include wherein the rack comprises a first connecting assembly, a second connecting assembly, and a third connecting assembly, the second connecting assembly is connected to the first connecting assembly and the third connecting assembly, respectively, a first buffer portion is provided at the connection of the first connecting assembly and the second connecting assembly, the first buffer portion obliquely intersects with the first connecting assembly and the second connecting assembly, a second buffer portion is provided at the connection of the third connecting assembly and the second connecting assembly, and the second buffer portion obliquely intersects with the third connecting assembly and the second connecting assembly in view of the teachings of Naehu in order to yield the predictable results of stabilizing the device.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Stenis as modified by DeClementi as applied to claim 1 above, and in further view of Cholst et al (US 20220201946 A1, hereinafter Cholst).
Regarding claim 11, the combined teachings teach the invention as described above but fail to teach further comprising a handle assembly and a panel of a control module, wherein the handle assembly comprises a grip portion, and the grip portion and the panel are arranged on the same side of the fan assembly.
However, Cholst teaches further comprising a handle assembly (handle 116) and a panel (panel of control module 150, as shown on figure 2) of a control module (control module 150), wherein the handle assembly (handle 116) comprises a grip portion (adjacent to cavity 118, as shown on figure 9), and the grip portion (adjacent to cavity 118, as shown on figure 9) and the panel (control module 150) are arranged on the same side of the fan assembly (same side of fan 130, as shown on figure 10A).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include further comprising a handle assembly and a panel of a control module, wherein the handle assembly comprises a grip portion, and the grip portion and the panel are arranged on the same side of the fan assembly in view of the teachings of Cholst in order to yield the predictable results of allowing the controls to control the blower.
Further, it is understood, claim 11 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Stenis as modified by DeClementi as applied to claim 1 above, and in further view of Shao et al (CN 207830209 U, hereinafter Shao).
Regarding claim 12, the combined teachings teach the invention as described above but fail to teach wherein a size of the host in a left- right direction is greater than or equal to 400 mm and less than or equal to 500 mm.
However, Shao teaches wherein a size of the host (size of shell 1, as shown on figure 1, corresponding to protective cover 18 of Stenis) in a left- right direction (width, paragraph 0005) is greater than or equal to 400 mm (the width of shell 1 400 mm, paragraph 0005).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include wherein a size of the host in a left- right direction is greater than or equal to 400 mm and less than or equal to 500 mm in view of the teachings of Shao in order to yield the predictable results of achieving fan efficiency and low noise.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Stenis as modified by DeClementi as applied to claim 1 above, and in further view of Pelley et al (US 20120128494 A1, hereinafter Pelley).
Regarding claim 13, the combined teachings teach the invention as described above but fail to teach wherein an air volume is blown out by the misting fan reaches 5000 cfm.
However, Pelley teaches wherein an air volume (flow rate, paragraph 0070) is blown out by the misting fan (fan, as shown on figure 1, corresponding to fan 10 of Stenis) design reaches 5000 cfm (2000-5000 cfm, paragraph 0070).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include wherein an air volume is blown out by the misting fan reaches 5000 cfm in view of the teachings of Pelley in order to yield the predictable results of providing fan designs by providing the capability for efficient operation.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Stenis as modified by DeClementi as applied to claim 1 above, and in further view of Siria et al (US 5062487 A, hereinafter Siria).
Regarding claim 14, the combined teachings teach the invention as described above but fail to teach wherein the misting fan has at least a first standing posture and a second standing posture.
However, Siria teaches wherein the misting fan (positive pressure blower with water misting provisions 10 for cooling, abstract) has at least a first standing posture (as shown on figure 2) and a second standing posture (as shown on figures 3).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include wherein the misting fan has at least a first standing posture and a second standing posture in view of the teachings of Siria in order to yield the predictable results of adjusting the angle of the airstream.
Regarding claim 15, the combined teachings teach wherein different positions of the rack (lowered and lifted positions of tilted mechanism 22, as shown on figures 2-3 of Siria) are in contact with a placement plane (in contact with the middle portion plane of tilted mechanism 22 of blower 10, figures 2-3 of Siria) when the misting fan (positive pressure blower with water misting provisions 10 for cooling, abstract of Siria) is in different standing postures (as shown on figures 2-3 of Siria).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Stenis (CN 203856744 U, hereinafter Stenis) in view of DeClementi (US 8966925 B1, hereinafter DeClementi), Krupp (US 9459022 B2, hereinafter Krupp) and Shao et al (CN 207830209 U, hereinafter Shao).
Regarding claim 18, Stenis teaches a misting fan (fan 10), comprising: a host (protective cover 18) comprising a fan assembly (blade assembly 14) and a nozzle (nozzle unit 52), wherein the fan assembly (blade assembly 14) comprises a fan blade (blade 30) and a motor (motor 26) to drive the fan blade (paragraph 0014), and the nozzle (nozzle unit 52 includes a first nozzle 68 and a second nozzle 72, paragraph 0020) is located on the fan assembly (paragraph 0020) and sprays a water mist (paragraph 0020); and a rack (base 22) supporting the fan assembly (base 22 shown includes a first support part 80 and second support part 84, a first support arm 88 and second support arm 92, paragraph 0021).
Stenis teaches the invention as described above but fail to teach a wheel coupled to the fan assembly, the wheel being located on a first side of the fan assembly and a battery compartment detachably accommodating a power supply assembly to electrically couple to the motor and to power the motor.
However, DeClementi teaches a wheel (wheels 640) coupled to the fan assembly (as shown on figure 2), the wheel being located on a first side of the fan assembly (as shown on figure 2) and battery compartment (within the mechanical compartment 80, shown on figure 2) detachably accommodating a power supply assembly (battery 100) to electrically couple to the motor (abstract) and to power the motor (a battery configurable to different situations to selectively engage the water cooler system and each fan, abstract).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the teachings of Stenis to include wherein the misting fan is further provided with a moving wheel for walking and battery compartment configured to detachably accommodate a power supply assembly to power the motor in view of the teachings of DeClementi in order to yield the predictable results of allowing movability and power for the device.
The combined teachings teach the invention as described above but fail to teach the battery compartment being located on a second side of the fan assembly different from the first side, and the fan assembly rotates around a rotation axis of the wheel so that the misting fan can change its posture between a first standing posture and a second standing posture.
However, Krupp teaches the battery compartment (128, figure 7a) being located on a second side of the fan assembly (left side of system 77, figure 7a) different from the first side (right portion of system 77, figure 7a), and the fan assembly (system 77) rotates around a rotation axis of the wheels (placement of wheels 110 allows the system to be moved vertically, horizontally, or in a balanced diagonal position with the system being stable in each position, col 19 lines 14-16) so that the misting fan (blower 58, corresponding to fan 10 of Stenis) can change its posture between a first standing posture (figure 7a) and a second standing posture (portable system 77 can operate safely with the system positioned vertically, diagonally, or horizontally, col 22 lines 34-36).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include the battery compartment being located on a second side of the fan assembly different from the first side, and the fan assembly rotates around a rotation axis of the wheel so that the misting fan can change its posture between a first standing posture and a second standing posture in view of the teachings of Krupp in order to yield the predictable results of creating different flow paths.
The combined teachings teach the invention as described above but fail to teach wherein a size of the host in a left-right direction is greater than or equal to 400 mm and less than or equal to 500 mm.
However, Shao teaches a size of the host (size of shell 1, as shown on figure 1, corresponding to protective cover 18 of Stenis) in a left- right direction (width) is greater than or equal to 400 mm (the width of shell 1 400 mm).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the fan in the combined teachings to include a size of the host in a left-right direction is greater than or equal to 400 mm and less than or equal to 500 mm in view of the teachings of Shao in order to yield the predictable results of achieving fan efficiency and low noise.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763