The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
The following is a Final Office Action on the merits.
Response to Amendment
Acknowledgement is made to the amendment received October 6, 2025, amending Claims 1, 3, 4, 7, 10, and 16. Claims 2 and 17-20 were cancelled. New Claims 21-25 were added.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means”, “step”, or a generic placeholder but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “blower device” in Claims 1, 15, and 16, “backpack device” in Claims 1, 10-12, 15-17, 19, and 20, “device body” in Claim 1, 3, 9, and 13-17, “backpack tool system” in Claims 17-20.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claim 1, and therefore dependent Claims 3-15, 21, 22, and 24, 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "the power supply". There is insufficient antecedent basis for this limitation in the claims since a power supply has not been previously claimed.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1, 3-13, 15, 16, and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Remy US 2022/0178097 (hereafter Remy) in view of Yang et al. US 2023/0270058 (hereafter Yang et al.).
Regarding Amended Claim 1, Remy teaches:
1. A backpack blower (blower equipment 10), comprising:
a blower device (blower 40) comprising a motor (electric motor, Paragraph [0092]), a fan (fan, Paragraph [0092]), and a duct assembly (fan body 42), wherein the motor drives the fan to rotate and generate an airflow, and the duct assembly comprises an air duct (nozzle 50) guiding the airflow generated by the fan (Figure 4);
a power supply (electric supply battery 22) comprising a first battery pack and a second battery pack (see discussion below); and
a backpack device (assembly comprising carrying frame 14 and carrying harness 12) comprising a device body (carrying frame 14), a strap assembly (carrying harness 12), and a power supply connection assembly (attachment plate 24 with electrical connection shown in Figure 3), the power supply connection assembly having a first interface, disposed on a first side surface of the power supply connection assembly, that detachably couples to the first battery pack and a second interface, disposed on a second side surface of the power supply connection assembly that faces in an opposite direction relative to the first side surface, that detachably couples to the second battery pack;
wherein both the strap assembly and the power supply connection assembly are formed on or connected to the device body (Figures 2 and 3), the strap assembly is worn by a user, the first interface and a center of gravity of the power supply are disposed on a first side of the first center plane, and the second interface and a center of gravity of the blower device are disposed on an opposite, second side of the first center plane
Remy discloses a blower 40 that is electrically connected to a backpack carrying frame 14 which supports an electric supply battery 22. Remy does not disclose an internal view of the electric supply battery, therefore, it is unclear if the disclosed electric supply battery 22 is comprises a first and second battery as claimed. As shown in attached Figure 2 below, the highlighted electric supply battery includes an outer housing that holds the internal battery and provides mounting to the backpack carrying frame and external cabled connection. As shown in attached Figures 12 and 14 below, the reference Yang et al. discloses a backpack assembly 2100 for a user to carry a power assembly including two battery packs 240 as shown in Figure 16. As shown in the side by side images below, the battery arrangements of the Remy and Yang et al. devices, are visually and mechanically very similar. Therefore, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the inside of the Remy electric supply battery 22 to be configured with an internal arrangement of two batteries arranged with the structural features as taught by Yang et al. with the motivation to provide a higher voltage or longer device runtime by combining multiple batteries that may be designed to be universally employed in several different types of devices. Following are the claim limitations taught by the combined device.
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The combine device discloses the following claimed features from the Yang et al. device:
a power supply (backpack assembly 2100) comprising a first battery pack (battery pack 240, left in Figure 16) and a second battery pack (battery pack 240, right in Figure 16); and
a backpack device (assembly comprising back plate 111 and carrying harness back strap) comprising a device body (back plate 111), a strap assembly (back strap – not shown), and a power supply connection assembly (internal battery mounting assembly shown in Figure 15 comprising multiple battery cavities 212 providing guide surfaces to engage batteries with internal connecting ports 2121 and buffer mechanisms 2122 for electrically connecting the multiple batteries 240), the power supply connection assembly having a first interface (latching elements labeled in attached Figure 15 below), disposed on a first side surface (surface labeled in attached Figure 15 below) of the power supply connection assembly, that detachably couples to the first battery pack (battery pack 240 has a push-to-release feature that engages with cited first interface when installed and allows the user to press-to-release and remove the battery pack) and a second interface (latching elements labeled in attached Figure 15 below), disposed on a second side surface (surface labeled in attached Figure 15 below) of the power supply connection assembly that faces in an opposite direction relative to the first side surface (shown in attached Figure 15 below), that detachably couples to the second battery pack (battery pack 240 has a push-to-release feature that engages with cited first interface when installed and allows the user to press-to-release and remove the battery pack);
wherein both the strap assembly and the power supply connection assembly are formed on or connected to the device body (Figures 8, 9, and 13), the strap assembly is worn by a user, the first interface and a center of gravity of the power supply (assumed to be first battery pack - battery pack 240, left in Figure 16) are disposed on a first side of the first center plane (shown left of center, Figure 14), and the second interface and a center of gravity of the blower device are disposed on an opposite, second side of the first center plane (shown right of center, Figure 14 and blower shown in Figure 8 on the same side)(note: Remy discloses in Paragraph [0068] – “Advantageously, the electric battery may have a centre of gravity offset with respect to the spinal plane, opposite to the fan body. Offsetting the battery opposite the body of the fan, and more generally opposite the blower, makes it possible to distribute and balance the weight of the loads on the carrying frame”, also shown in attached Remy Figure 4).
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Regarding Amended Claim 3, Remy modified in view of Yang et al. teaches:
3. The backpack blower of claim 1, wherein the first battery pack (battery pack 240, left in Figure 16) into coupled engagement with the power supply connection assembly (internal battery mounting assembly shown in Figure 15 comprising multiple battery cavities 212 providing guide surfaces to engage batteries with internal connecting ports 2121 and buffer mechanisms 2122 for electrically connecting the multiple batteries 240)
Regarding Amended Claim 4, Remy modified in view of Yang et al. teaches:
4. The backpack blower of claim [[3]] 1, wherein interface (latching elements labeled in attached Figure 15 below) interface (latching elements labeled in attached Figure 15 below) are disposed as mirror images about a second center plane (center plane through center of backpack assembly 2100 as shown in Figure 15 above).
Regarding Claim 5, Remy modified in view of Yang et al. teaches:
5. The backpack blower of claim 3, wherein the plugging direction (downward as shown in Figures 14-18) is parallel to a vertical direction (shown in Figures 14-17).
Regarding Claim 6, Remy teaches:
6. The backpack blower of claim 3, wherein an included angle between the plugging direction (downward as shown in Figures 14-18) and a vertical direction is an acute angle (see discussion below).
Yang et al. discloses a plugging direction that is downward when viewed from the back of the device. The Remy device discloses in Figure 9 where the electric supply battery 22 is at an acute angle relative to the vertical when viewed from the side of the device. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention that this disclosed angle is less than 90 degrees permitting it to be identified as acute, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding Amended Claim 7, Remy teaches:
7. The backpack blower of claim 3, wherein the first battery pack (battery pack 240, left in Figure 16) has a length direction (shown in attached Figure 16 below), a width direction (shown in attached Figure 16 below), and a height direction (shown in attached Figure 16 below), a dimension of the first battery pack in the length direction is greater than a dimension of the first battery pack in the width direction (shown in attached Figure 16 below), the dimension of the first battery pack in the width direction is greater than a dimension of the first battery pack in the height direction (shown in attached Figure 16 below), and a side surface formed by the length direction and the height direction of the battery pack is parallel to a back of the user (shown in attached Figure 16 below).
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Regarding Claim 8, Remy teaches:
8. The backpack blower of claim 1, wherein a rotational speed of the fan is greater than or equal to 25000 RPM, and an air output of the duct assembly is greater than or equal to 720 CFM.
Remy discloses in Paragraph [0018], that backpack blowers are designed to supply a flow of air that may generate thrusts greater than 20 Newtons. Remy does not disclose the rotational speed of the fan or the air output flowrate, however it is common knowledge in the prior art that flowrates greater than or equal to 720 CFM would be necessary to create a thrust greater than 20 Newtons and that rotational speeds greater than or equal to 25000 RPM would be necessary to generate those flowrates with devices with generally the same dimensions.
Regarding Claim 9, Remy teaches:
9. The backpack blower of claim 1, wherein the strap assembly (carrying harness 12) comprises a plurality of straps (shoulder straps 18) symmetrical about the first center plane (coincident with spinal plane Ps, Figure 4), and each of the plurality of straps comprises a first end (connected to top of carrying frame 14 shown in Figure 2) connected to an upper portion of the device body (carrying frame 14) and a second end (connected to belt 20 as shown in Figure 2) connected to a lower portion of the device body.
Regarding Amended Claim 10, Remy teaches:
10. The backpack blower of claim 9, wherein an included angle α between a projection of a line (line shown in attached Figure 9 below) between the first end (connected to top of carrying frame 14 shown in Figure 2) and the second end (connected to belt 20 as shown in Figure 2) on the first center plane (coincident with spinal plane Ps, Figure 4) and a projection of a line (line shown in attached Figure 9 below) between a center of gravity of a whole formed by the power supply (labeled in attached Figure 4 above) and the backpack device (assembly comprising carrying frame 14 and carrying harness 12) and the first end on the first center plane is greater than or equal to [[5]] 10 degrees and less than or equal to 45 degrees (measured to be approximately 12.5 degrees as shown in attached Figure 9 below).
Remy provides Figure 9 showing a view perpendicular to the spinal plane Ps that allows these lines to be added and therefore measured. As shown in attached Figure 9 below, the claimed lines form an angle when oriented to be sitting horizontally on the ground. It would have been obvious to one with ordinary skill before the effective filing date of the claimed invention that the claimed line between the center of gravity of the battery pack and the first end would create an angle between 10 degrees and 45 degrees if the device was positioned as appropriate. It is important to point out that the center of gravity line will be oriented vertically downward regardless of device orientation. Therefore, device orientation controls the resulting orientation more so than the device structure.
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Regarding Claim 11, Remy teaches:
11. The backpack blower of claim 9, wherein, when a weight of a whole formed by the power supply (electric supply battery 22) and the backpack device (assembly comprising carrying frame 14 and carrying harness 12) is greater than or equal to 10 kg (8-15 kg, Paragraph [0018]), a length of a projection of a line between the first end (connected to top of carrying frame 14 shown in Figure 2) and the second end (connected to belt 20 as shown in Figure 1) on the first center plane is greater than or equal to 400 mm (appears to be the case as shown in Figures 1-3).
Regarding Claim 12, Remy teaches:
12. The backpack blower of claim 11, wherein the whole formed by the power supply (electric supply battery 22) and the backpack device (assembly comprising carrying frame 14 and carrying harness 12) has a center of gravity (obviously the device has a center of gravity), and a ratio of a length of a projection of a line between the center of gravity and the first end (connected to top of carrying frame 14 shown in Figure 2) on the first center plane (coincident with spinal plane Ps, Figure 4) to a length of a projection of a line between the center of gravity and the second end (connected to belt 20 as shown in Figure 2) on the first center plane is greater than or equal to 1 (as shown in Figure 2, heavy components are located closer to the bottom than the top resulting in the claimed ratio).
Regarding Claim 13, Remy teaches:
13. The backpack blower of claim 9, wherein the strap assembly (carrying harness 12) comprises two straps (shoulder straps 18) symmetrical about the first center plane (coincident with spinal plane Ps, Figure 4), and each of the two straps is slidably connected (see discussion below) to the device body (carrying frame 14) along a direction perpendicular to the first center plane.
It would have also been an obvious matter of design choice to one having ordinary skill before the effective filing date of the claimed invention to connect the straps to the carrying frame 14 using a slidable connection allowing the straps to be adjustable or removed and cleaned or dried after usage.
Regarding Claim 15, Remy teaches:
15. The backpack blower of claim 1, wherein the backpack device (assembly comprising carrying frame 14 and carrying harness 12) further comprises a control board (see discussion below), the device body (carrying frame 14) is formed with a first cavity (blower fastener 32), the control board is disposed within the first cavity (see discussion below), the duct assembly (fan body 42) is provided with a first connection hole (hinge 36) between an air inlet and an air outlet (shown in Figure 2), an air inlet hole is disposed on a side of the first cavity facing away from the blower device (shown in Figure 2), a second connection hole is disposed on a side of the first cavity facing the blower device (shown in Figure 2), and the second connection hole communicates with the first connection hole (see discussion below).
Remy discloses a hinge 36 that connects a blower fastener 32 with the fan body 42 as best shown in Figure 2. It appears that hinge 36 is tubular connection between the two parts creating an air inlet hole and air outlet that is used to feed the electrical cabling therebetween for electrically connecting the battery and the fan motor.
Remy does not disclose a control board, however, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention that a control board would need to be necessary for providing basic motor control. The reference Yang et al. discloses a backpack blower that includes a circuit board 121 that is electrically connected between the battery and the motor to supply power to the motor. Yang et al. discloses that the circuit board is located inside a cavity inside casings 1121 and 1122 as shown in Figure 4. It would have been to one having ordinary skill before the effective filing date of the claimed invention to modify the Remy device as taught by Yang et al. to include a control board that is located inside the cavity of a housing with the motivation to provide motor control in a location where it would be protected from the outdoor operating environment such as rain.
Regarding Amended Claim 16, Remy modified in view of Yang et al. teaches:
16. A backpack blower (blower equipment 10), comprising:
a blower device (blower 40) comprising a motor (electric motor, Paragraph [0092]), a fan (fan, Paragraph [0092]), and a duct assembly (fan body 42), wherein the motor drives the fan to rotate and generate an airflow, and the duct assembly comprises an air outlet (nozzle 50) out of which the airflow flows (Figure 4);
a power supply (electric supply battery 22) comprising a battery pack (Yang et al. - battery pack 240, left in Figure 16 – same rationale for obvious combination presented in Claim 1)
a backpack device (assembly comprising carrying frame 14 and carrying harness 12) comprising a device body, a strap assembly (carrying harness 12), and a power supply connection assembly (attachment plate 24 with electrical connection shown in Figure 3);
wherein both the strap assembly and the power supply connection assembly are formed on or connected to the device body (Figures 2 and 3), the strap assembly is worn by a user, the power supply connection assembly enables the power supply to be detachably coupled to the backpack device (shown removed in Figure 3), the strap assembly has a first center plane (coincident with spinal plane Ps, Figure 4), the battery pack (Yang et al. - battery pack 240, left in Figure 16) has a length direction (shown in attached Figure 16 below), a width direction (shown in attached Figure 16 below), and a height direction (shown in attached Figure 16 below), a dimension of the battery pack in the length direction is greater than a dimension of the battery pack in the width direction (shown in attached Figure 16 below), the dimension of the battery pack in the width direction is greater than a dimension of the battery pack in the height direction (shown in attached Figure 16 below), and a side surface formed by the length direction and the height direction of the battery pack is parallel to a back of the user (shown in attached Figure 16 below).
Same obvious rationale for combining Remy and Yang et al. as presented in Claim 1.
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Regarding New Claim 21, Remy modified in view of Yang et al. teaches:
21. (New) The backpack blower of claim 1, wherein the first battery pack (battery pack 240, left in Figure 16) has a first nominal voltage, the second battery pack (battery pack 240, right in Figure 16) has a second nominal voltage, and first nominal voltage is the same as the second nominal voltage (battery packs are the same and therefore nominal voltages are obviously the same).
Regarding New Claim 22, Remy modified in view of Yang et al. teaches:
22. (New) The backpack blower of claim 1, wherein the first battery pack (battery pack 240, left in Figure 16) is structurally and dimensionally identical to the second battery pack (battery pack 240, right in Figure 16) (battery packs are the same and therefore nominal voltages are obviously the same).
Regarding New Claim 23, Remy modified in view of Yang et al. teaches:
23. (New) The backpack blower of claim 10, wherein the included angle α is greater than or equal to 30 degrees and less than or equal to 45 degrees.
As previously presented, in Claim 10, the measured angle shown in Figure 9 is approximately 12.5 degrees. Also, discussed was that the direction of gravity will also be always downward regardless of the device orientation. That being said, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention that the device can be oriented by a user to achieve an angle α greater than or equal to 30 degrees and less than or equal to 45 degrees without structural modification. Modification of a device orientation is not novel.
Regarding New Claim 24, Remy modified in view of Yang et al. teaches:
24. (New) The backpack blower of claim 1, wherein the backpack device (assembly comprising back plate 111 and carrying harness back strap) further comprises a power supply control board (control circuits inside receiving groove 214, Paragraph [0071] – see also circuit board 121) for controlling the power supply, and the power supply control board is located below (below receiving groove 214) the first interface (latching elements labeled in attached Figure 15 above) and the second interface (latching elements labeled in attached Figure 15 above)(shown in Figure 15 above.
Regarding New Claim 25, Remy modified in view of Yang et al. teaches:
25. (New) A backpack blower (blower equipment 10), comprising:
a blower device (blower 40) comprising a motor (electric motor, Paragraph [0092]), a fan (fan, Paragraph [0092]), and a duct assembly (fan body 42), wherein the motor drives the fan to rotate and generate an airflow, and the duct assembly comprises an air duct (nozzle 50) guiding the airflow generated by the fan (Figure 4);
a power supply (electric supply battery 22) comprising a first battery pack (Yang et al. - battery pack 240, left in Figure 16) and a second battery pack (Yang et al. - battery pack 240, right in Figure 16)(see discussion previously presented in Claim 1); and
a backpack device (Remy - assembly comprising carrying frame 14 and carrying harness 12; Yang et al. - assembly comprising back plate 111 and carrying harness back strap) comprising a device body (Remy - carrying frame 14; Yang et al. - back plate 111), a strap assembly (Remy - carrying harness 12; Yang et al. - back strap – not shown), and a power supply connection assembly (Remy - attachment plate 24 with electrical connection shown in Figure 3; Yang et al. - internal battery mounting assembly shown in Figure 15 comprising multiple battery cavities 212 providing guide surfaces to engage batteries with internal connecting ports 2121 and buffer mechanisms 2122 for electrically connecting the multiple batteries 240), the power supply connection assembly having a first interface (Yang et al. - latching elements labeled in attached Figure 15 below), disposed on a first side surface (Yang et al. - surface labeled in attached Figure 15 below) of the power supply connection assembly, that detachably couples to the first battery pack (Yang et al. - battery pack 240 has a push-to-release feature that engages with cited first interface when installed and allows the user to press-to-release and remove the battery pack) and a second interface (latching elements labeled in attached Figure 15 below) and a second interface (Yang et al. - latching elements labeled in attached Figure 15 below), disposed on a second side (Yang et al. - surface labeled in attached Figure 15 below) surface of the power supply connection assembly that faces in an opposite direction relative to the first side surface (Yang et al. - shown in attached Figure 15 below), that detachably couples to the second battery pack (Yang et al. - battery pack 240 has a push-to-release feature that engages with cited first interface when installed and allows the user to press-to-release and remove the battery pack);
wherein both the strap assembly and the power supply connection assembly are formed on or connected to the device body (Remy - Figures 2 and 3; Yang et al. - Figures 8, 9, and 13), the strap assembly is worn by a user, the strap assembly has a first center plane (Remy - coincident with spinal plane Ps, Figure 4), and a center of gravity of the power supply and the blower device are separately located on two sides of the first center plane (Remy - Paragraph [0068] – “Advantageously, the electric battery may have a centre of gravity offset with respect to the spinal plane, opposite to the fan body. Offsetting the battery opposite the body of the fan, and more generally opposite the blower, makes it possible to distribute and balance the weight of the loads on the carrying frame”, also shown in attached Figure 4 below).
Same obvious rationale for combining Remy and Yang et al. as presented in Claim 1.
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Response to Arguments
Rejections Under 35 U.S.C. 102(a)(2)
Applicant’s arguments with amendments, filed October 6, 2025, with respect to the 35 U.S.C. 102(a)(1) rejections of Claims 1, 9, and 16 under Remy US 2022/0178097 have been fully considered and are not persuasive. However, as necessitated by amendment, the rejection has been modified to reflect the most recent claim language.
Rejections Under 35 U.S.C. 103
Applicant’s arguments with amendments, filed October 6, 2025, with respect to the 35 U.S.C. 103 rejections of Claims 3-8, 10-13, and 17-20 under Remy US 2022/0178097 and Claim 15 under Remy US 2022/0178097 in view of Yang et al. US 2023/0270058 have been fully considered and are not persuasive. However, as necessitated by amendment, the rejection has been modified to reflect the most recent claim language.
Claim limitations identified in the Applicant’s arguments as being missing are disclosed by the obvious combination of references.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC CARLSON whose telephone number is (571)272-9963. The examiner can normally be reached Monday-Thursday 6:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN KELLER can be reached on (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC CARLSON/Primary Examiner, Art Unit 3723