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 .
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 2 and 5 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.
Regarding claim 2, “the first fastening part is configured to be capable of coming into contact with a peripheral edge of the insertion hole on an outer side of the air-conditioned clothing” renders the claim indefinite because “a peripheral edge” and “an outer side of the air-conditioned clothing” are previously recited in claim 2 and it is unclear if the recitation in the latter part of the claim takes antecedence from the previous recitation or if new instances are being claimed.
Claim 5 is indefinite by virtue of dependency on claim 2.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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) 2 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ichigaya (WO2017006481A1).
Regarding claim 1, Ichigaya teaches an air blowing device that is attachable to air-conditioned clothing having an insertion hole(Figure 1B, 20, 40, 50 also see Figures 8A-C), comprising:
an air blowing unit that can be disposed on an inner side of the air-conditioned clothing (Figure 8A-C: 22, 10 is the “inner garment”);
a power supply unit that is configured integrally with the air blowing unit and can be disposed on the inner side of the air-conditioned clothing (Figure 1B: 40);
a first fastening part that enables the air blowing unit to be fastened to the air-conditioned clothing, and can come into contact with a peripheral edge of the insertion hole from an outer side of the air-conditioned clothing (Figure 8C: part of 23 on 300); and
a second fastening part that is joined to the air blowing unit and disposed on a downstream side of the first fastening part in the gas flow direction (Figure 8C: part of 23 on 10); and
a recess portion that is disposed on a downstream side of the first fastening part in a gas flow direction and can hold cloth at a peripheral edge of the insertion hole (Figure 8A, the shoulder of 23 on which 300 sits can be considered a “recess portion” because when constructed this portion is recessed towards 221. It is downstream from its opposite side), wherein
the recess portion comes into contact with cloth at a lower end of the insertion hole when attached to the air-conditioned clothing, and a size in a width direction is set to be larger than a thickness of the cloth (Figure 8A: the diameter of 23, which can be considered a size in a width direction, is larger than 300 is thick in the axial direction of the fan) wherein
when attached to the air-conditioned clothing, the power supply unit and the air blowing unit including the second fastening part are inserted through the insertion hole from an outer side of the air-conditioned clothing (Figure 8C: the part of 23 on 10 is on the inside of the insertion hole and Figure 1B: 40 is on the inside of the garment, i.e. on the inside of the insertion hole, which is the structural result of the claimed process, MPEP 2113), and configured to be disposed on the inner side of the air-conditioned clothing (Figure 8C: the part of 23 on 10 is on the inside of the insertion hole and Figure 1B: 40 is on the inside of the garment, i.e. on the inside of the insertion hole), and the first fastening part is configured to be capable of coming into contact with a peripheral edge of the insertion hole on an outer side of the air-conditioned clothing (Figure 8C: part of 23 on 300).
Regarding claim 5, Ichigaya teaches all of the limitations of claim 2, wherein
the power supply unit is configured to be freely attachable to and detachable from the air blowing unit (“In addition, the power supply cable 50 that connects the power supply device 40 and the two fan main bodies 20 may be inserted with the terminal on the power supply device 40 side and the terminal on the fan main body 20 side misplaced, and a load is applied to the power supply cable 50. Can cause disconnection. Therefore, the positive electrode of the plug on the side connected to the power supply device 40 of the power cable 50 is connected to the negative electrode of the plug on the side connected to the fan body 20, and the plug on the side connected to the power supply device 40 is connected. The negative electrode is connected to the positive electrode of the plug on the side connected to the fan body 20. In the case of such a connection (so-called cross cable), when the plug on the side connected to the fan body 20 is mistakenly connected to the power supply device 40, one of the remaining two plugs has a reverse polarity. Thus, the fan main body 20 rotates in the reverse direction, and air is exhausted from the inside of the integrated air-conditioning garment, so that the user can notice an incorrect connection of the power cable 50.”).
Response to Arguments
Applicant’s arguments filed 06/09/2026 have been fully considered.
Applicant has argued that Ichigaya’s power supply is not integral. The power supply and air blowing unit are connected and therefore integral, i.e. both are a part of a whole.
Applicant has argued that Ichigaya’s power supply is not inserted through the insertion hole. Applicant is directed to MPEP 2113 which, in sum, states that in an apparatus claim the structure is what is relevant to patentability not the process used to create the structure, unless the process imparts structural features relevant to patentability.
Applicant has argued that Ichigaya does not teach the claimed second fastening part. However, as shown herein, Ichigaya teaches this feature.
Applicant has argued that the diameter of 23 is not a width of a recess portion as claimed in claim 2 and states that the interpretation is not reasonable. There is no evidence offered to support this assertion. A diameter of recess can be the width of a recess portion.
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 SCHYLER S SANKS whose telephone number is (571)272-6125. The examiner can normally be reached 06:30 - 15:30 Central Time, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Huntley can be reached at (303) 297-4307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCHYLER S SANKS/ Primary Examiner, Art Unit 2129
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