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, Amendments
Applicant is thanked for their September 2, 2025 response to the Office Action filed July 11, 2025. In particular, Applicant is thanked for their amendments to the claim 1, rendering the previous objections thereto withdrawn. Applicant’s arguments with respect to claim(s) 1 – 22 have been considered, and inasmuch as they pertain to prior art still being relied upon, the examiner’s response follows below.
It is respectfully noted that Applicant’s amendments were limited to amending claim 1 to overcome objections due to minor editorial issues.
In response to the rejections of claims 1 – 22 as being obvious over Parker et al (US 7,507,151), in view of Felter et al (US 4,051,770), in view of O’Hagin (US 2007/0243820), Applicant remarked (inter alia) that “Neither Parker, Felter or O'Hagin or any combination thereof teach ‘an upper plate having an upper plate body with an upper plate opening therethrough, and a plurality of elongate fastener members, each having a distal end projecting downwardly from the upper plate’ as required by pending claim 1….The Examiner has mischaracterized the flashing of Felter as an upper plate. Item 14 of Felter is a "flash plate" and Felter is clear that the "flash plate 14 may be adhesively or otherwise sealed to the roof surface to prevent leakage."(Felter, Col. 2, 11. 39-41).
The examiner respectfully notes that:
a difference in an intended use (e.g.: plate, flashing plate, subflashing plate) of the claimed plate must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim;
while Felter et al identifies plate 14 as “a flash plate”, it is still an upper plate, the upper plate having an upper plate body with an upper plate opening 20 therethrough, and a plurality of elongate members 33 each having a distal end projecting downwardly from the upper plate, wherein a fan assembly is removable from an inside of a home; and
please note that the teachings of Felter et al do not criticize, discredit, or otherwise discourage the solution claimed.
While it is clear that Applicant is claiming the embodiment of figures 12C – D, please note that in an alternate embodiment, Applicant discloses a roof vent (fig 6: (40)) comprising:
[0067] fig 6 “The roof vent 40 comprises a roof vent member 48, a secondary vent member 45 spaced above the roof vent member 48.... The roof vent member 48 includes a subflashing 43. The subflashing 43 is secured to the roof deck 14, over a roof deck opening 58 thereof.
[0068] “secondary vent member 45 includes a "skeleton" 41 with a vent opening 35 generally above the vent opening 46…Elongated upstanding baffles 55 can be provided to help prevent wind-driven rain from flowing down through the vent opening 35”; and
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[0122] “The roof vent member may be coupled with the roof deck with a variety of suitable means, including but not limited to mechanically attaching with bolts or other fastening tools or bonding it with adhesive, roofing tar, mastic, other roofing attachment means, or combinations thereof.”
As the embodiment of figure 6 discloses an upper plate (41) comprising a lip (55) extending upwardly therefrom to prevent debris and/or water from flowing down the roof deck and into the opening, and a subflashing plate (43), it can be seen that providing structures of the subflashing (e.g.: the lip) into the upper plate has been contemplated, as well as the use of the use of adhesives.
Accordingly. the argument that the proposed combination of references does not teach or suggest one of the elements of the pending claim, thus not rendering the pending claim obvious, has not been found to be persuasive.
In response to the rejections of claims 1 – 22 as being obvious over Parker et al (US 7,507,151), in view of Felter et al (US 4,051,770), in view of O’Hagin (US 2007/0243820), Applicant remarked – continued (inter alia) that “Item 33 of Felter is not an elongate fastener member as part of the upper plate, it is an all-thread screw as identified by Felter. … It is also very difficult for the all-thread screws 33 to be part of an upper plate when both Parker and Felter have only a flashing, but no upper plate member.
Respectfully, the examiner notes that the claimed invention recites “an upper plate having an upper plate body with an upper plate opening therethrough, and a plurality of elongate fastener members, each having a distal end projecting downwardly from the upper plate”. While Applicant remarked that “item 33 is not an elongate fastener member as part of the upper plate”, it is maintained that item 33 is “elongated” as seen in the figures, and is a fastener member (col 2, ln 57 – col 3, ln 2). If Applicant is arguing that the elongate fastener member is not “part of the upper plate”, the claims doesn’t recite that the fasteners and the upper plate body are formed of a single monolithic structure (as discussed in specification paragraph [0087]). Even if Applicant were arguing that that the fasteners and the upper plate body are not formed/molded of the “same piece of raw material”, Applicant also discloses that:
“the fasteners 331 may be separate components attached to or otherwise coupled with the upper plate body 333. For example, the fasteners 331 may be attached to the lower surface 334 with brackets or other attachments. The coupling may be direct or indirect. For instance, the fasteners 331 may be directly attached to the lower surface 334 or there may be an intermediate attachment structure between the fasteners 331 and the upper plate body 333. In some embodiments, the fasteners 331 may be coupled with the upper plate body 33 by mechanical or other means.” [0087]
As discussed above, Felter et al was relied upon to teach that a person having ordinary skill in the art before the effective filing date of the claimed invention to provide a roof vent comprising an upper plate having a plurality of elongate fastener members, each having a distal end projecting downwardly from the upper plate. It is plain to see that Felter’s figures disclose a plurality of plates, including at least an upper plate (14), a lower plate (24), and elongate fastener member (33).
In response to the rejections of claims 1 – 22 as being obvious over Parker et al (US 7,507,151), in view of Felter et al (US 4,051,770), in view of O’Hagin (US 2007/0243820), Applicant remarked – continued (inter alia) “the Felter fan is secured by securing the fan motor to support and safety grill 41. (Felter col. 3, 11. 39-48) The fan housing is simply a duct and does not have holes therethrough because fan is supported by grill.”
Respectfully, the examiner notes that unless the specification provides another definition, a fan housing is a structure that surrounds fan blades and a motor. Felter et al teaches a fan housing (12/81/82); the fan housing comprising openings through a housing element (fig 2: (81/82)) that are configured to receive the elongate fastener members (33) (col 2, ln 67 – col 3, ln 1). (Housing element 81/82, or alternatively 41, is “connected to the all-threaded screws above the lower nuts 38”).
Regarding the remark that “the fan is supported by grill”:
it is noted that the feature upon which applicant relies (i.e., how the fan is supported) is not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims; and
the fan (87/88), the fan motor (85), and its motor studs (84), are supported by the elongate fastener members (33), via access holes through a housing portion (grill (41)) (col 3, lns 45 – 46).
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Although thoroughly considered, Applicant’s arguments have not been found to be persuasive.
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 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 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.
Claims 1 – 22 are rejected under 35 U.S.C. §103 as being unpatentable over Parker et al (US 7,507,151), in view of Felter et al (US 4,051,770), in view of O’Hagin (US 2007/0243820).
In re Claim 1, Parker et al discloses a composition shingle (fig 8) roof vent (figs 8, 9) comprising:
a subflashing (figs 8, 9) configured for installation on an upper surface of a roof deck (210), the subflashing comprising:
a subflashing body (350) (annotated, below);
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a first opening (annotated above) extending through the subflashing body (350);
a lip (annotated above), the lip extending upwardly from the subflashing and around the first opening; and
a domed vent cover (330) oriented above the lip and secured to the subflashing (apparent);
a fan assembly (fig 9: (1)) configured to be installed within an attic space (col 1, ln 6, 18 – 19) and below the roof deck (210), the fan assembly comprising:
a fan housing (340) enclosing a fan and a fan motor (50);
a second opening (annotated, above; fan inlet) extending through the fan housing (col 7, lns 7 – 19); and
a lower frame, the lower frame comprising:
a third opening (annotated above) extending through the lower frame; and
wherein the subflashing is positioned above the fan assembly (as seen in figure 8) to allow at least a portion of the fan assembly to extend below a lower surface of the roof deck (210) into the attic space (as seen in figure 8).
Parker et al lacks:
wherein the shingle roof vent is a composition shingle roof vent, and
wherein the roof vent comprises:
an upper plate having an upper plate body with an upper plate opening therethrough, and a plurality of elongate fastener members, each having a distal end projecting downwardly from the upper plate;
a first plurality of fastener member access holes, the first plurality of fastener member access holes extending through the subflashing body around the first opening; and
wherein the lip extends upwardly from the subflashing and around the first opening between the first opening and the first plurality of fastener member access holes;
wherein the domed vent cover is a tapered vent cover;
a second plurality of fastener member access holes, the second plurality of fastener member access holes extending through the fan housing;
wherein the lower frame is a lower plate, the lower plate comprising:
the third opening extending through the lower plate; and
a third plurality of fastener member access holes, the third plurality of fastener member access holes extending though the lower plate;
wherein the subflashing (350), the fan assembly (1), and the lower plate are configured to allow the plurality of elongate fastener members to extend through the first, second, and third pluralities of fastener member access holes, to couple the lower plate and the fan assembly with the subflashing,
wherein the subflashing (350) is positioned above the fan assembly and below the upper plate; and
a plurality of complementary fastening elements, the plurality of complementary fastening elements configured to be removably attachable to the distal ends of the elongate fastener members to couple the upper plate, the subflashing and the fan housing, to the lower plate, and to allow the fan assembly to be removed and replaced from within the attic space when the subflashing is mounted on an upper surface of the roof deck.
Felter et al teaches a roof vent with an integrated fan (figs 1 – 9), comprising:
an upper plate (fig 1: (14)) having an upper plate body with an upper plate opening (20) therethrough, and a plurality of elongate fastener members (33), each having a distal end projecting downwardly from the upper plate (col 2, lns 49 – 63);
a plurality of upper plate fastener member access holes, the plurality of upper plate fastener member access holes (col 2, lns 57 – 63) extending through the upper plate around the upper plate opening (20);
a fan assembly comprising a fan (fig 1: (87/88)), fan housing (12/81/82), and a motor (85/84) (col 1, lns 39 - 48), wherein a plurality of fan assembly fastener member access holes (annotated, below) extend through the fan housing (col 3, lns 39 – 46),
The fan housing comprises fan-motor support and safety grill (fig 2: 81/82/41), wherein the fan-motor support comprises fastener member access holes (annotated, below), to allow the plurality of elongate fastener members (33) to extend therethrough (as seen in figures 1 and 2).
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a lower plate (figs 1, 2: (24)), the lower plate comprising:
an opening extending through the lower plate; and
a plurality of lower plate fastener member access holes (col 2, lns 55 – 63), the plurality of lower plate fastener member access holes extending though the lower plate (24); (col 2, lns 49 – col 3, ln 1);
wherein the upper plate (14), the fan assembly (87/89), and the lower plate (24) are configured to allow the plurality of elongate fastener members (33) to extend through their respective of fastener member access holes, to couple the lower plate and the fan assembly with the upper plate, and
wherein the upper plate (14) is positioned to allow at least a portion (blade 88) of the fan assembly to extend below a lower surface of the roof deck (17) into the attic space (98); and
a plurality of complementary fastening elements (35 – 38) (col 2, lns 60 – 63), the plurality of complementary fastening elements configured to be removably attachable to the distal ends of the elongate fastener members (apparent, as the elongate fastener members 33 are threaded (col 3, ln 58), and nuts are removably attachable from/to the threaded member) to couple the upper plate and the fan housing to the lower plate, and to allow the fan assembly to be removed and replaced from within the attic space when the upper plate is mounted on an upper surface of the roof deck.
Upon consideration of the disclosure of Felter et al, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to try modifying the system of Parker et al, such that the system comprises an upper plate, a subflashing body, and a lower plate supporting a fan assembly, each plate with an opening therethrough;
the upper plate and the lower plate each with a plurality of fastener member access holes;
a plurality of elongate fastener members, each having a distal end projecting downwardly from the upper plate;
wherein each plurality of fastener member access holes extend through the subflashing body and around each of the upper and lower plate openings;
a plurality of fastener member access holes extending through the fan housing;
wherein the upper plate, the fan assembly, and the lower plate are configured to allow the plurality of elongate fastener members to extend through each of the pluralities of fastener member access holes, to couple the lower plate and the fan assembly with the upper plate subflashing, and
a plurality of complementary fastening elements, the plurality of complementary fastening elements configured to be removably attachable to the distal ends of the elongate fastener members to couple the upper plate, and the fan housing, to the lower plate, and to allow the fan assembly to be removed and replaced from within the attic space when the assembly is mounted from an upper surface of the roof deck;
as choosing from a finite number of identified, predictable solutions is within the capabilities of a person having ordinary skill in the mechanical arts, and they would have a reasonable expectation of success, based upon the characteristics of the science or technology, its state of advance, the nature of the known choices, the specificity or generality of the prior art, and the predictability of results in the area of interest.
O’Hagin teaches an automatic roof ventilation system (fig 1, 3A-C: (30)), comprising:
a building (1) with a roof (2), the roof “typically comprises a roof deck (302) covered with roof cover elements such as shingles (e.g. wooden, clay, or composition)” [0022, 0033], wherein the composition shingles (301) are mounted on an underlay material (302b);
a vent member (fig 3B: (31)) comprising a solar panel (34);
a fan (33) installed within an attic space (fig 3B); and
a tapered composition vent cover (31); wherein the vent member (31) is flat (as seen in the figures) and slightly protrudes above the level of the top surfaces of the composition shingles [0034].
Upon consideration of the disclosure of O’Hagin, 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 the roofing shingles material of the proposed system, such that the shingle roof vent comprises a composition shingle roof and a tapered composition vent cover, as choosing from a finite number of identified, predictable solutions is within the capabilities of a person having ordinary skill in the mechanical arts, and they would have a reasonable expectation of success, based upon the characteristics of the science or technology, its state of advance, the nature of the known choices, the specificity or generality of the prior art, and the predictability of results in the area of interest. Please note that criticality for the limitation has not been disclosed by Applicant [0056, 0061, 0075, 0101].
A person having ordinary skill in the art before the effective filing date of the claimed invention would recognize that proposed combination of Parker et al, Felter et al, and O’Hagin would yield wherein a shingle roof vent comprises:
an upper plate having an upper plate body with an upper plate opening therethrough, and a plurality of elongate fastener members, each having a distal end projecting downwardly from the upper plate;
a subflashing configured for installation on an upper surface of a roof deck, the subflashing comprising:
a subflashing body;
a first opening extending through the subflashing body;
a first plurality of fastener member access holes, the first plurality of fastener member access holes extending through the subflashing body around the first opening; and
a lip, the lip extending upwardly from the subflashing and around the first opening between the first opening and the first plurality of fastener member access holes; and
a tapered vent cover oriented above the lip and secured to the subflashing;
a fan assembly configured to be installed within an attic space and below the roof deck the fan assembly comprising:
a fan housing (340) enclosing a fan and a fan motor (50);
a second opening (annotated, above; fan inlet) 346C extending through the fan housing (col 7, lns 7 – 19); and
a second plurality of fastener member access holes, the second plurality of fastener member access holes extending through the fan housing;
a lower plate, the lower plate comprising:
a third opening extending through the lower plate; and
a third plurality of fastener member access holes, the third plurality of fastener member access holes extending though the lower plate;
wherein the subflashing, the fan assembly, and the lower plate are configured to allow the plurality of elongate fastener members to extend through the first, second, and third pluralities of fastener member access holes, to couple the lower plate and the fan assembly with the subflashing, and
wherein the subflashing is positioned above the fan assembly and below the upper plate to allow at least a portion of the fan assembly to extend below a lower surface of the roof deck into the attic space; and
a plurality of complementary fastening elements, the plurality of complementary fastening elements configured to be removably attachable to the distal ends of the elongate fastener members to couple the upper plate, the subflashing and the fan housing, to the lower plate, and to allow the fan assembly to be removed and replaced from within the attic space when the subflashing is mounted on an upper surface of the roof deck.
In re Claim 2, the proposed system has been discussed, wherein Felter et al further teaches at least one sealing element configured to be positioned and form a seal between at least one of the subflashing (14) (col 2, lns 38 – 41) and the fan assembly, and the fan assembly and the lower plate.
In as much as subflashing (14) is “sealed to a roof surface to prevent leakage”, a seal is formed between the subflashing and the fan assembly.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the proposed system as taught by Felter et al, such that the system comprises at least one sealing element configured to be positioned and form a seal between at least one of the subflashing and the fan assembly, and the fan assembly and the lower plate, for the benefit of mitigating water and air leakage and reducing system maintenance.
In re Claims 3 and 4, the proposed system has been discussed, wherein Felter et al further teaches:
wherein a first opening (at (20)), a second opening (at (23)) (col 2, ln 51) and a third opening (at (25)), the openings are configured to form a ventilation channel with a substantially non-frustoconical shape (figs 1, 2), to allow airflow through a roof deck opening1; and
wherein the ventilation channel (at (10)) has at least one of an approximately uniform cross- sectional size and shape along its length2 (both, as seen in figs 1, 2)
Upon consideration of the disclosure of Felter et al, it would have been obvious to person having ordinary skill in the art at the time the invention was made to provide the system of Parker et al with aligned openings, such that the upper plate opening, the first opening, the second opening, and the third opening are configured to form a ventilation channel with a substantially non-frustoconical shape, to allow airflow through a roof deck opening, as choosing from a finite number of identified, predictable solutions is within the capabilities of a person having ordinary skill in the mechanical arts, and they would have a reasonable expectation of success, based upon the characteristics of the science or technology, its state of advance, the nature of the known choices, the specificity or generality of the prior art, and the predictability of results in the area of interest.
In re Claim 5, the proposed system has been discussed, wherein in an alternate embodiment (fig 2: (20)), O’Hagin teaches at least one screen [0024] configured to cover at least an analogous third opening (29) of an analogous lower plate (21).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to modify the proposed system as taught by O’Hagin (fig 2: (20)) such that at least one screen is configured to cover at least a third opening of a lower plate, for the benefit of preventing entry of insects, vermin, and debris, larger than the screen openings, providing improved user satisfaction.
In re Claim 6, the proposed system has been discussed (In re Claim 1), wherein the tapered composition vent cover (O’Hagin: figs 3A, B: (31)) is configured to be secured to the roof deck (302) (apparent). .
In re Claim 7, the proposed system has been discussed (In re Claim 1), wherein the tapered composition vent cover (O’Hagin: figs 3A, B: (31)) is configured to be secured to the roof deck (Parker et al (210)) through the subflashing (Parker et al (350)).
In re Claim 8, the proposed system has been discussed (In re Claim 1), wherein Parker et al discloses a solar panel (fig 9: (100)) to be coupled to the fan (50). However, Parker et al lacks wherein the system comprises a solar panel to be coupled with the tapered composition vent cover.
O’Hagin further teaches wherein the system comprises a solar panel (fig 3A: (34)) [0033] coupled with the tapered vent cover (31).
Upon consideration of the disclosure of O’Hagin, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to try coupling a solar panel to the tapered composition vent cover, as choosing from a finite number of identified, predictable solutions is within the capabilities of a person having ordinary skill in the mechanical arts, and they would have a reasonable expectation of success, based upon the characteristics of the science or technology, its state of advance, the nature of the known choices, the specificity or generality of the prior art, and the predictability of results in the area of interest. In the instant application, criticality has not been given for this configuration of affixing the solar panel to the roof vent [0065].
In re Claim 9, the proposed system has been discussed (In re Claim 1), wherein the proposed system comprises the tapered composition vent cover is a flat vent cover (as taught by O’Hagin). Please note that “tapered” has been understood as “angled”; a vent cover can be both “tapered” and “flat” (planar).
In re Claim 10, the proposed system has been discussed (In re Claim 9, above) wherein Felter et al further teaches at least one sealing element configured to be positioned and form a seal between at least one of the subflashing (14) (col 2, lns 38 – 41) and the fan assembly, and the fan assembly and the lower plate.
In as much as subflashing (14) is “sealed to a roof surface to prevent leakage”, a seal is formed between the subflashing and the fan assembly.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the proposed system as taught by Felter et al, such that the system comprises at least one sealing element configured to be positioned and form a seal between at least one of the subflashing and the fan assembly, and the fan assembly and the lower plate, for the benefit of mitigating water and air leakage and reducing system maintenance.
In re Claims 11 and 12, the proposed system has been discussed (In re Claim 9, above):
wherein Parker et al in view of Felter et al discloses the upper plate opening (Felter et al (20)), the first opening (Parker et al), the second opening (Parker et al), and the third opening (Parker et al) are configured to form a ventilation channel (Felter et al at (10)) with a substantially non-frustoconical shape, to allow airflow (as seen in Felter et al, at figs 1, 2) through a roof deck (17) opening (15)3; and
wherein the ventilation channel (Felter et al, (10)) has at least one of an approximately uniform cross-sectional size (as seen in fig 2) and shape (as seen in fig 2) along its length.
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In re Claim 13, see above In re Claim 5, wherein the proposed system further comprising at least one screen (O’Hagin fig 2: [0024]) configured to cover at least the third opening (29) of the lower plate (21).
In re Claim 14, see above In re Claim 9, wherein the flat vent cover (O’Hagin: figs 3A, B: (31)) is configured to be secured to the roof deck (302) (apparent).
In re Claim 15, the flat vent cover of the proposed system has been discussed, wherein the flat vent cover (as taught by O’Hagin) is configured to be secured to the roof deck (Parker et al (210)) through the subflashing (350).
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In re Claim 16, the proposed system has been discussed (see above, In re Claim 9), wherein Parker et al discloses a solar panel (fig 9: (100)) to be coupled to the fan (50). However, Parker et al lacks wherein the system comprises a solar panel to be coupled with a flat vent cover.
O’Hagin further teaches wherein the system comprises a solar panel (fig 3A: (34)) [0033] coupled with the flat vent cover (31).
Upon consideration of the disclosure of O’Hagin, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to try coupling a solar panel to the flat vent cover, as choosing from a finite number of identified, predictable solutions is within the capabilities of a person having ordinary skill in the mechanical arts, and they would have a reasonable expectation of success, based upon the characteristics of the science or technology, its state of advance, the nature of the known choices, the specificity or generality of the prior art, and the predictability of results in the area of interest. In the instant application, criticality has not been given for this configuration of affixing the solar panel to the roof vent [0065].
In re Claim 17, the proposed method has been discussed (In re Claim 1, above), wherein the proposed method discloses installing a fan assembly (85/88) onto the composition shingle roof vent of claim 1 comprising the steps:
coupling the plurality of complementary fastening elements (Felter et al: (37, 38)) that are removably attachable to the distal ends of the elongate fastener members (Felter et al :(33)); and
coupling the fan assembly (Felter et al: (85/88) to the upper plate.
Parker et al is silent as to whether the method comprises removing a fan assembly, and so lacks:
decoupling the plurality of complementary fastening elements removably attached to the distal ends of the elongate fastener members;
decoupling the fan assembly from the upper plate; and
lowering the fan assembly in a first direction away from the upper plate, wherein lowering the fan assembly comprises moving the fan assembly
from a first position in which at least a first portion of sidewalls of the fan assembly is laterally surrounded by the roof deck opening in a plane of the roof deck,
to a second position in which the first portion of the fan assembly is not laterally surrounded by the roof deck opening.
Felter et al teaches a method for installing a fan assembly (87/88) onto the composition shingle roof (17) vent (col 2, lns 1 – 4; col 5, lns 21 – 24), comprising the steps:
raising the fan assembly (87/88) in a first direction towards the upper plate (14),
wherein raising the fan assembly comprises moving the fan assembly (87/88) from a lowered4 position in which the first portion (88) of the fan assembly is not laterally surrounded by the roof deck opening (15), to a raised5 position in which at least a first portion of sidewalls (duct (10)) of the fan assembly is laterally surrounded by the roof deck opening (15) in a plane of the roof deck (17);
coupling the fan assembly (85/88) to the upper plate (14) (col 2, lns 60 - 61); and
coupling the plurality of complementary fastening elements (37, 38) that are removably attachable to the distal ends of the elongate fastener members (33) (col 2, lns 62 - 63).
While Felter et al is silent as to the method steps of decoupling the fan assembly and lowering the fan assembly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to try to decouple and lower the fan assembly away from the subflashing, as a person of ordinary skill would be able to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success.
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 the method of Parker et al, as taught by Felter et al, such that the method comprises:
decoupling the plurality of complementary fastening elements removably attached to the distal ends of the elongate fastener members;
decoupling the fan assembly from the upper plate; and
lowering the fan assembly in a first direction away from the upper plate, wherein lowering the fan assembly comprises moving the fan assembly from a first position in which at least a first portion of sidewalls of the fan assembly is laterally surrounded by the roof deck opening in a plane of the roof deck, to a second position in which the first portion of the fan assembly is not laterally surrounded by the roof deck opening;
for the benefit of providing system maintenance (e.g. a motor replacement) within a sheltered environment.
Regarding the limitation “removing a fan from a composition shingle roof vent”, as Claim 17 further limits Claim 1, please refer to the rejection of Claim 1, above. As the proposed system comprises “a composition shingle roof vent”, the removal/attachment of the fan assembly would be from/to the composition shingle roof vent.
In re Claim 18, the proposed method has been discussed (see above, In re Claim 17) wherein Felter et al teaches decoupling the fan assembly (85/88) from the upper plate (14) further comprises decoupling the lower plate (24) from the fan assembly.
In re Claim 19, the proposed method has been discussed (see above, In re Claim 17), wherein further comprising replacing the fan assembly (85/88) from below the roof deck with a replacement fan assembly (85/886), wherein replacing comprises:
raising the replacement fan assembly6 in a second direction (towards the upper plate), wherein the second direction is opposed to the first direction (away from the upper plate);
moving the replacement fan assembly6 to the first (raised) position; and
coupling the fan (85/88) assembly to the upper plate (14) (Felter et al col 2, lns 60 - 61).
In re Claim 20, the proposed method has been discussed (In re Claim 19), wherein Felter et al further teaches at least a second portion (85/88) of the fan assembly extends below a lower surface of the roof deck (17) when the fan assembly is in the first position (as seen in fig 1).
In re Claim 21, the proposed method has been discussed (In re Claim 17), wherein Felter et al further teaches coupling the fan assembly to the upper plate (14) comprises:
receiving each of the plurality of elongate fastener members (33) through one or more access holes in a fan housing of the replacement fan assembly such that a corresponding distal end of each of the plurality of elongate fastener members (33) extends into at least a portion of the fan housing (please refer to annotated figure 2, above); and
removably coupling each of the plurality of complementary fastening elements (35 – 38) to each of the plurality of elongate fastener members (33) to secure together the upper plate, the subflashing and the replacement fan assembly.
In re Claim 22, the proposed method has been discussed (In re Claim 17), wherein Felter et al discloses coupling the fan assembly (85/88) to the upper plate (14) comprises:
receiving each of the plurality of elongate fastener members (33) through one or more access holes (please refer to annotated figure 2, above) in a fan housing of the replacement fan assembly such that a corresponding distal end of each of the plurality of elongate fastener members (33) extends through the fan housing (as seen in fig 2);
receiving each of the plurality of elongate fastener members (33) through one or more access holes in the lower plate (24) such that a corresponding distal end of each of the plurality of elongate fastener members (33) extends through the lower plate (as seen in fig 1); and
removably coupling each of the plurality of complementary fastening elements (35 – 37) to each of the plurality of elongate fastener members (33) to secure together the upper plate (14), the subflashing, the replacement fan assembly (85/88)8 and the lower plate (24).
Conclusion
THIS ACTION IS MADE FINAL. 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892: Notice of References Cited.
An example of such pertinent prior art includes Hazen et al (US 3,212,425) who discloses a roof vent member (figs 1 – 4), comprising:
a plurality of fasteners (35);
a subflashing comprising:
a subflashing body (30);
a first opening (14) extending through the subflashing body; and
a first plurality of access holes (at (35)) extending through the subflashing body around the first opening; and (col 2, lns 55 – 60)
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a fan assembly comprising a fan (48), fan housing (32/36), and a motor (44), wherein a second plurality of access holes (at (35, 38)) extend through the fan housing (32/36), wherein (col 2, lns 44 – 47)
the subflashing (30) and the fan assembly (32) are configured to allow the fasteners (35) to extend through the first and second pluralities of access holes.
An example of such pertinent prior art includes Rheume (US 2012/0252348) who discloses a roof vent (fig 5), comprising:
an upper plate (12) having an upper plate body and a plurality of elongate fastener members (3), each having a distal end pointing downwardly from the upper plate;
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a subflashing (figs 2, 3) configured for installation on an upper surface of a roof deck, the subflashing comprising:
a subflashing body (6a);
a first plurality of fastener member access holes (as seen in (6a)), the first plurality of fastener member access holes extending through the subflashing body; and
a lip (6b), the lip extending upwardly from the subflashing (6b);
a fan assembly (2) configured to be installed within an attic space and below a roof deck (as seen in fig 5), the fan assembly (2) coupled to a lower plate (1) with a plurality of fastener member access holes (seen at (4));
wherein the subflashing (6a, 6b) is positioned above the fan assembly (2) and below the upper plate (12) to allow at least a portion of the fan assembly to extend below a lower surface of the roof deck into the attic space.
Applicant is provided 3 months to reply to any office action on the merits; the maximum statutory period for a reply is 6 months. 35 USC 113, 37 CFR 1.134.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Frances F. Hamilton (she/her) whose telephone number is 571.270.5726. The examiner can normally be reached on M – F; 9 – 6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached on 571.270.5614. The fax phone number for the organization where this application or proceeding is assigned is 571.273.8300.
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/Frances F. Hamilton/Examiner, Art Unit 3762
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3762
1 Claim 3
2 Claim 4
3 Claim 11
4 “a lowered position” is the claimed “second position”
5 “a raised position” is the claimed “first position”
6 The replacement fan assembly has been understood to be the same as the original fan assembly.