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 Arguments
Applicant's arguments filed 09/05/2025 have been fully considered but they are not persuasive. The applicant argues that Schulte does not disclose “…a third rotation to direct the stream of airflow at least partially in the first direction and at least partially in the second direction” as required by the amended claims. The examiner respectfully disagrees. Figs. 4 and 5 explicitly disclose two rotational positions of 14 which provide for the direction of airflow in a first direction and a second direction orthogonal to the first direction; however, a person having ordinary skill in the art would recognize that that 14 can be placed in an intermediate position between the position shown in Fig. 4 and Fig. 5 which would direct the airflow at least partially in the first direction and at least partially in the second direction. This intermediate position is interpreted to be the third rotation. For this reason, the rejections are maintained.
Applicant’s amendments to claims 8, 12, and 14 overcome the 35 U.S.C 112(b) rejection presented in the Non-Final rejection dated 06/10/2025, therefore the rejection is withdrawn.
Claim Rejections - 35 USC § 102
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 –
(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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulte (DE 1,297,504).
With respect to claim 1 Schulte discloses a gasper assembly for use in an aircraft, the gasper assembly comprising: an inlet [reference characters 11] comprising a socket [reference character 11] configured to receive intake air; and an outlet [reference characters 10, 10a and 14] comprising a body [reference characters 10 and 10a] mounted in the socket that is adjustable to direct a stream of airflow received via the inlet in a first direction [see Fig. 5] and in a second direction [see Fig. 4]; wherein the body is further configured by a first rotation [the rotation of reference character 14 from position I to position III] to direct the stream of airflow in the first direction and by a second rotation [the rotation of reference character 14 from position I to position II] to direct the stream of airflow in the second direction wherein the first direction is substantially perpendicular to the second direction, and by a third rotation to direct the stream of airflow at least partially in the first direction and at least partially in the second direction. A person having ordinary skill in the art would recognize that that 14 can be placed in an intermediate position between the position shown in Fig. 4 and Fig. 5 which would direct the airflow at least partially in the first direction and at least partially in the second direction. This intermediate position is interpreted to be the third rotation.
With respect to claim 2 Schulte discloses that the first direction comprises a horizontal direction [see Fig. 5] that is substantially parallel to a floor surface of the aircraft.
With respect to claim 3 Schulte discloses that the second direction comprises a downward direction [see Fig 4] that is substantially perpendicular to a floor surface of the aircraft.
With respect to claim 4 Schulte discloses that the body comprises a cylindrical body [reference character 10a] that is mounted in the socket wherein in response to the first rotation, the cylindrical body is configured to expose a side vent configured around lateral side of a perimeter of the cylindrical body [see Fig. 5].
With respect to claim 5 Schulte discloses that the side vent directs airflow in the horizontal direction [see Fig. 4].
With respect to claim 6 Schulte discloses that the cylindrical body that is mounted in the socket is configured in response to the second rotation to cause closure of the side vent and to cause an opening of a top vent at a distal end of the cylindrical body [see Fig. 5].
With respect to claim 7 Schulte discloses that the top vent directs airflow in the vertical downward direction [see Fig. 4].
Claim(s) 9-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulte (DE 1,297,504).
With respect to claim 9 Schulte discloses an apparatus comprising a gasper for controlling airflow in an aircraft wherein the gasper comprises: a body [reference characters 10, 10a, and 14]; and a socket [reference character 11]; wherein the body is mounted in the socket and configured with a side vent [reference character 16] around a perimeter of the body; wherein the body is configured to adjust airflow received by an intake to the socket by rotation of the body [reference character 14] in the socket to redirect airflow from at a first direction by the side vents [the rotation of reference character 14 from position I to position III] to a second direction by a front vent wherein the first direction of the airflow via the side vent comprises an indirect airflow to a passenger to the second direction [the rotation of reference character 14 from position I to position II] by the front vent that comprises a direct airflow to the passenger in the aircraft; and wherein the body is configured to adjust the airflow by additional rotation of the body in the socket to redirect airflow in a single direction to at least partially in the first direction and at least partially in the second direction. A person having ordinary skill in the art would recognize that that 14 can be placed in an intermediate position between the position shown in Fig. 4 and Fig. 5 which would direct the airflow at least partially in the first direction and at least partially in the second direction. This intermediate position is interpreted to be the third rotation.
With respect to claim 10 Schulte discloses that the first direction comprises a horizontal direction that is substantially parallel to a floor surface of the aircraft [see Fig. 5].
With respect to claim 11 Schulte discloses that the second direction comprises a vertical direction that is substantially perpendicular to the floor surface of the aircraft [see Fig. 4].
With respect to claim 12 Schulte discloses a cylindrical body [reference character 10a] that is mounted in the socket wherein in response to the first rotation, a cylindrical body is configured to expose a side vent [reference character 16] configured around the perimeter of the cylindrical body [see Fig. 5].
With respect to claim 13 Schulte discloses that the cylindrical body that is mounted in the socket is configured in response to the second rotation to cause closure of the one or more side vents while causing an opening of a top vent at a distal end of the cylindrical body [see Fig. 4].
Claim(s) 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulte (DE 1,297,504).
With respect to claim 15 Schulte discloses a method to manufacture of a gasper in an apparatus to direct airflow in an aircraft comprising: assembling the gasper with a set of components comprising at least an inlet [reference characters 11] and an outlet [reference characters 10, 10a and 14]; assembling the inlet with a socket to receive intake air; mounting a cylinder [reference character 10a] in the socket wherein the cylinder is adjustable to direct a stream of airflow received via the inlet in a first direction and in a second direction [see Figs. 4-5]; wherein a body is further configured in the socket to direct by a first rotation [the rotation of reference character 14 from position I to position III] of the body a stream of airflow received by at the inlet to the socket in a first direction and by a second rotation [the rotation of reference character 14 from position I to position II] to direct the stream of airflow in a second direction wherein the first direction is substantially perpendicular to the second direction, and by a third rotation to direct the stream of airflow at least partially in the first direction and at least partially in the second direction. A person having ordinary skill in the art would recognize that that 14 can be placed in an intermediate position between the position shown in Fig. 4 and Fig. 5 which would direct the airflow at least partially in the first direction and at least partially in the second direction. This intermediate position is interpreted to be the third rotation.
With respect to claim 16 Schulte discloses that the first direction comprises a horizontal direction that is substantially parallel to a floor surface of the aircraft [see Fig. 5].
With respect to claim 17 Schulte disclose that the second direction comprises a downward direction that is substantially perpendicular to a floor surface of the aircraft [see Fig. 4].
With respect to claim 18 Schulte disclose that the body comprises a cylindrical body [reference character 10a] that is mounted in the socket wherein in response to the first rotation, the cylindrical body is configured to expose a side vent configured around a perimeter of the cylindrical body.
With respect to claim 19 Schulte discloses that the cylindrical body is configured to expose the side vent is configured around the perimeter of the cylindrical body [see Fig. 5].
With respect to claim 20 Schulte discloses that the cylindrical body is configured to expose the side vent is configured around the perimeter of the cylindrical body [see Fig. 4].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schulte (DE 1,297,504).
With respect to claim 8 Schulte discloses that the cylindrical body comprises a side vent [reference character 16] positioned in a set of locations around the perimeter of the cylindrical body.
Schulte does not disclose that the side vents are provided on a circle at locations of approximately at least 0 degrees, 90 degrees, 180 degrees, and 270 degrees; however, since the nozzle is mounted in a ball and socket joint the nozzle can rotate around its longitudinal axis, consequently the number and relative position of the vents are not material to the functioning of the gasper assembly. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to provide the vents at 0 degrees, 90 degrees, 180 degrees, and 270 degrees, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse. 86 USPQ 70.
With respect to claim 14 Schulte discloses that the cylindrical body comprises one or more side vents [reference character 16] positioned in a set of locations around the perimeter of the cylindrical bod.
Schulte does not disclose that the side vents are provided on a circle at locations of approximately at least twelve o’clock, three o’clock, six o’clock and nine o’ clock; however, since the nozzle is mounted in a ball and socket joint the nozzle can rotate around its longitudinal axis, consequently the number and relative position of the vents are not material to the functioning of the gasper assembly. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to provide the vents at twelve o’clock, three o’clock, six o’clock and nine o’ clock, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse. 86 USPQ 70.
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 VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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, Steven B McAllister can be reached at 571-272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
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