Prosecution Insights
Last updated: April 19, 2026
Application No. 18/322,676

Shutter Auxiliary Opening and Closing Device

Non-Final OA §103
Filed
May 24, 2023
Examiner
HAMILTON, FRANCES F
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
The GSI Group, LLC
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
4y 0m
To Grant
92%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
352 granted / 655 resolved
-16.3% vs TC avg
Strong +39% interview lift
Without
With
+38.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
26 currently pending
Career history
681
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
49.5%
+9.5% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
28.2%
-11.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 655 resolved cases

Office Action

§103
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 . Claim Objections In re Claim 1, insufficient antecedent basis has been provided for the limitation “a frame forming the mounting structure”, For purposes of examination, it has been understood as if to read “a frame forming a mounting structure." In re Claims 8 and 9, in view of antecedence for “up and down movement of the…connecting rod” in claims 1, and 2, insufficient antecedent basis has been provided for the limitation “the movement of the connecting rod”. It is respectfully noted that “the movement” could be either up, and/or down. For purposes of examination, claim 8 and 9 have been understood as if to read “a [[the]] movement of the connecting rod." In re Claim 12, insufficient antecedent basis has been provided for the limitation “the electrical current”. For purposes of examination, the limitation has been understood as if to read “[[the ]] an electric current”. In re Claim 14, the limitation “the electromagnet couple is also energized” is unclear, as no energized element has been previously claimed. For purposes of examination, the limitation has been understood as if to read, “the electromagnet couple is [[also]] energized”. Claims 2 – 14 are objected, as being dependent on an objected base claim. Appropriate correction is required. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. §102(b)(2)(C) for any potential 35 U.S.C. §102(a)(2) prior art against the later invention. Claims 1 –14 are rejected under 35 U.S.C. §103 as being unpatentable over Bae In-gu (KR 200485682), in view of over Liao et al (CN 105972790), In re Claim 1, Bae In-gu discloses a ventilation shutter (figs 1, 2) having a frame (“duct”, annotated, below) forming a [[the]] mounting structure for a plurality of louvers (10), wherein the plurality of louvers are pivotably mounted to the frame so as to move between an open condition (fig 1) to allow the flow of ventilation air through the shutter and a shut condition (fig 2) to discourage a flow of air through the shutter, the ventilation shutter comprising: at least one connecting rod (15) extending transverse the plurality of louvers; a plurality of cranks (annotated, below), wherein each of the plurality of louvers has at least one crank connecting the louver (10) to the at least one connecting rod (15) such that pivoting movement of each of the plurality of louvers between the shut condition and the open condition is synchronized with up and down movement of the at least one connecting rod (15); a permanent magnet couple (35/20) (fig 2, annotated, below) interacting with the at least one connecting rod (15) and the frame to provide an active magnetic force that holds the plurality of louvers in the shut condition; and an electromagnet couple (fig 1, annotated, below), interacting with the at least one connecting rod (15) and the frame to provide an active magnetic force that holds the plurality of louvers in the open condition. PNG media_image1.png 533 913 media_image1.png Greyscale Bae In-gu discloses “As a modification of the present invention, at least one of the magnetic piece 27 and the magnet 35 may be an electromagnet which is turned on and off by an electrical signal. When the electromagnet is used for the magnetic piece 27 or the magnet 35, the magnetic force can be instantaneously increased. It is advantageous to use an electromagnet for the magnet 35 which points at a fixed position, but a configuration using an electromagnet for the magnetic piece 27 whose position is changed is not excluded. Accordingly, even when an abnormality occurs in the weight compensating body 20, the magnetic force compensating body 30, or other operating parts, the electric signal can be interrupted to maintain the expanded or fully closed state of the blade 10.” (page 5/14). It is recognized that Bae In-gu discloses that “at least one magnetic couple” may be an electromagnet, but does not explicitly state which of the pairs of magnets may be electromagnetic. Provided as evidence that it was known in the art to provide an electromagnet couple to hold a plurality of louvers in the open condition is Liao et al. Liao et al teaches a ventilation shutter (figs 1, 2, 4: (10)) having a frame (11) forming a mounting structure for a plurality of louvers (30), wherein the plurality of louvers are pivotably mounted to the frame so as to move between an open condition (fig 2) to allow the flow of ventilation air through the shutter, the ventilation shutter comprising an electromagnet couple (41/42), interacting with at least one connecting rod (50) and the frame (11) to provide an active magnetic force that holds the plurality of louvers in the open condition. Liao et al teaches: “In FIG. 2, arrow direction represents … the flowing direction of the hot air discharged from the hot air outlet… the hot air sent out from the direction parallel with the blade 30, which is beneficial for hot air smoothly discharging air by the shutter device 100, which greatly improves the cooling effect of the air conditioner outdoor unit 80, the energy consumption of the air conditioning system is reduced. PNG media_image2.png 490 369 media_image2.png Greyscale It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the system of Bae In-gu, as taught by Liao et al, such that the system comprises a permanent magnet couple to provide an active magnetic force that holds the plurality of louvers in the open condition, for the benefit of improved energy efficiency by reducing pressure drop across the louvers. Please note that the teaching of Liao et al was provided to demonstrate that providing an electromagnet couple to create an active magnetic force that holds the plurality of louvers in the open condition takes into account only knowledge which was within the level of ordinary skill in the art before the effective filing date of the claimed invention, and does not include knowledge gleaned only from the applicant's disclosure. In re Claim 2, Bae In-gu discloses wherein the permanent magnet couple (fig 2, annotated above) comprises a moveable permanent magnet that is mounted ((27), via (20)) on the connecting rod (15) so that the moveable permanent magnet moves relative the frame with up and down movement of the connecting rod, and the permanent magnet couple also comprises a permanent magnet limit block (30/35) that is attached to the frame and configured to interact with the moveable permanent magnet. In re Claim 3, Bae In-gu discloses wherein the moveable permanent magnet (27) is mounted on the connecting rod and the permanent magnet limit block (30/35) is mounted to the frame. However, Bae In-gu lacks wherein the moveable permanent magnet is mounted on an upper end of the connecting rod and the permanent magnet limit block is mounted to a top member of the frame. Liao et al teaches wherein a moveable magnet (42) of a magnet couple is mounted on an upper end of the connecting rod (15) and a magnet limit block (41) of a magnet couple is mounted to a top member of the frame (figures 1, 2, 4: (11)). It would have been obvious to try modifying the location of the moveable permanent magnet and permanent magnet limit block in the system of Bae In-gu, as taught by Liao et al, such that the moveable magnet is mounted on an upper end of the connecting rod and the permanent magnet limit block is mounted to a top member of the frame, 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 4, Bae In-gu discloses wherein the electromagnet couple includes an electromagnet limit block (annotated fig 1, below) that is attached to the frame and an electromagnet sheet (annotated fig 1, below) that is attached to the connecting rod (15) and configured to interact with the electromagnet limit block. PNG media_image3.png 375 524 media_image3.png Greyscale In re Claim 5, Bae In-gu discloses wherein the electromagnet limit block is attached to an internal member of the frame (duct, pg 5/14), but lacks wherein the electromagnet limit block is attached to a horizontal internal cross member of the frame. However, it would have been obvious to try attaching the electromagnet limit block to a horizontal internal cross member of the frame, 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 6, the proposed system has been discussed, wherein Bae In-gu discloses that when the plurality of louvers (10) are in the closed condition (figure 2), the cranks position the connecting rod (15) (at a “rising stroke end”) such that the moveable permanent magnet is in close proximity to magnetically attracted to the permanent magnet limit block and a magnetic force is transmitted to each louver through the connecting rod so that the louvers are held in the shut condition by the magnetic force. PNG media_image4.png 259 609 media_image4.png Greyscale “the blade 10 is controlled to the full closed position as shown in FIG. 2, the weight compensator 20 is positioned at the rising stroke end, Is supported by upper the magnet (35).” (pg 3/14) The examiner respectfully notes that, when compared to figure 1, it can be seen that figure 2 of Bae In-gu is inaccurate. Figure 2 discloses element (20/21/22/25/27) moving upwardly, and the louvers (10) moving into a closed position as discussed in the specification. However, the cranks and connecting rod (15) are depicted inaccurately as if they are unmoved. Although not relied upon, the figures of Liao et al better illustrate where cranks position a connecting rod. In re Claim 7, the proposed system has been discussed, wherein Bae In-gu discloses when an airflow blows through the ventilation shutter, the plurality of louvers pivot from the shut condition (fig 2) toward the open condition (fig 1) causing the crank connected to each of the plurality of louvers (10) to cause the connecting rod (15) to move (“descending stroke end”), which movement of the connecting rod also causes the moveable permanent magnet and the electromagnet sheet that are mounted on the connecting rod to also move. Figure 1: “When the blade 10 is controlled to the deployed position, the blade 20 is positioned at the descending stroke end and receives the support force of the lower magnet 35” (pg 3/14, 5/14). In re Claim 8, Bae In-gu discloses wherein a [[the]] movement of the connecting rod is in a downward direction (“When the blade 10 is controlled to the deployed position, the blade 20 is positioned at the descending stroke end and receives the support force of the lower magnet 35” (pg 3/14, 5/14 ). In re Claim 9, Bae In-gu discloses wherein a [[the]] movement of the connecting rod (15) forcibly separates the moveable permanent magnet (fig 2) from the permanent magnet limit block such that the plurality of louvers (10) approach the open condition (fig 1), the moveable permanent magnet is of a sufficient distance away from the permanent magnet limit block such that the permanent magnet couple no longer exerts a magnetic force sufficient to pull the louvers back toward the closed condition. Bae In-gu discloses “a magnetic force is applied to maintain the closed state of the blade 10 until a certain pressure is reached.”(pg 3/14, 5/14) Bae In-gu also discloses that the distances between the coupled magnets is adjustable “accordingly, when the spindle 31 is rotated, the distance between the magnet 35 and the weight compensating body 20 is changed, so that the intensity of the magnetic force for developing or fully closing the blade 10 also fluctuates.” (pg 3/14, 5/14) It has been understood that Bae In-gu discloses wherein the moveable permanent magnet is of a sufficient distance away from the permanent magnet limit block such that the permanent magnet couple no longer exerts a magnetic force sufficient to pull the louvers back toward the closed condition; furthermore, the distance is adjustable to assure such an operation. In re Claim 10, the proposed system has been discussed (In re Claim 4), wherein Bae In-gu discloses (downward) movement of the connecting rod (15) causes the electromagnet sheet to move toward the electromagnet limit block (fig 2). In re Claim 11, the proposed system has been discussed (In re Claim 4), wherein Bae In-gu discloses wherein the magnetic force between the electromagnet limit block and the electromagnet sheet (“forces”) pulls electromagnet sheet to the electromagnet limit block (pg 5/14). “As a modification of the present invention, at least one of the magnetic piece 27 and the magnet 35 may be an electromagnet which is turned on and off by an electrical signal. When the electromagnet is used for the magnetic piece 27 or the magnet 35, the magnetic force can be instantaneously increased”. In re Claim 12, the proposed system has been discussed, wherein Bae In-gu discloses that, when it is desired to close the ventilation shutter (fig 2), the airflow through the ventilation shutter is stopped and the electrical current to the electromagnet couple is cut off, thereby causing the plurality of louvers to fall due to gravity (pg 3/14) toward the shut condition thereby causing the connecting rod to move such that the moveable permanent magnet moves into close proximity with the permanent magnet limit block such that the permanent magnet couple provides a force to hold the louvers in the shut condition. “[0001] The present invention relates to a damper blade opening / closing apparatus using a magnetic holder. More specifically, the present invention relates to a damper blade opening / closing mechanism using a magnetic holder that maintains a fully open state when the blade starts to open when the blade is above a certain pressure and maintains the fully closed state when the blade is below a certain pressure. “It is easy to adjust the load balance (torque) by varying the number of weights 25 received in the support rods 21. That is, increasing the number of weights 25 causes a decrease in the opening torque of the blades 10 and an increase in the closing torque. Conversely, if the quantity of the weights 25 is decreased, the reduction of the closing torque of the blades 10 and the increase in the opening torque cause. (pg 3/14); discloses that the plurality of louvers fall due to weight (gravity). “The pressure loss due to the weight 25 and the friction loss of the shaft 12 can be corrected while the blade 10 starts moving in the closed state. In closing, a magnetic force is applied to maintain the closed state of the blade 10 until a certain pressure is reached, thereby canceling the opening force caused by a small amount of air.” (pg 3/14) “As a modification of the present invention, at least one of the magnetic piece 27 and the magnet 35 may be an electromagnet which is turned on and off by an electrical signal. When the electromagnet is used for the magnetic piece 27 or the magnet 35, the magnetic force can be instantaneously increased…Accordingly, even when an abnormality occurs in the weight compensating body 20, the magnetic force compensating body 30, or other operating parts, the electric signal can be interrupted to maintain the expanded or fully closed state of the blade 10.“ (pg 5/14) Additionally, provided as evidence, Liao et al teaches wherein when it is desired to close the ventilation shutter, the airflow through the ventilation shutter is stopped (“the air-conditioning outdoor unit 80 is turned off” [0042]) and the electrical current to the electromagnet couple is cut off (“the electromagnet 40 is demagnetized” [0042]), thereby causing the plurality of louvers to fall due to gravity toward the shut condition (“minimum inclination angle” [0072]). FIG. 1 and FIG. 2 respectively show an air conditioner schematic application scenario provided by the embodiment of the invention when the power-on and power-off shutter device. “The electromagnet 40 generates magnetism when it is energized and demagnetizes when it is deenergized. The electromagnet 40 includes a first electromagnet 41 and a second electromagnet 42. The first electromagnet 41 is fixed on the rectangular frame 11, and the second electromagnet 42 is fixed on the upper end of the connecting rod 50 . The axial direction of the first electromagnet 41 and the axial direction of the second electromagnet 42 are aligned in a straight line. [0040] “As shown in Figure 1, when the air-conditioning outdoor unit 80 is turned off, the electromagnet 40 is demagnetized, and the connecting rod 50 sinks under the action of the second electromagnet 42 and its own gravity. The connecting rod 50 drives the blade 30 to sink to the side facing away from the air-conditioning outdoor unit 80, and the inclination angle of the blade 30 relative to the vertically arranged blade fixing plate 20 becomes smaller until the blade 30 is rotated to the minimum inclination angle. “[0042] “As shown in FIG. 2, since the electromagnet 40 is electrically connected to the air-conditioning outdoor unit 80, when the air-conditioning outdoor unit 80 is turned on, the electromagnet 40 is also energized and generates electromagnetic force. An electromagnetic attraction is generated between the first electromagnet 41 and the second electromagnet 42 . The second electromagnet 42 moves upward and approaches the first electromagnet 41 under the action of electromagnetic attraction. Driven by the second electromagnet 42, the blade 30 rises to the side facing away from the air-conditioning outdoor unit 80, and the inclination angle of the blade 30 relative to the vertically arranged blade fixing plate 20 increases until the blade 30 is rotated to the maximum inclination angle.” [0043] 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 Liao et al, such that the system comprises that when it is desired to close the ventilation shutter, the airflow through the ventilation shutter is stopped and the electrical current to the electromagnet couple is cut off, thereby causing the plurality of louvers to fall due to gravity toward the shut condition thereby causing the connecting rod to move such that the moveable permanent magnet moves into close proximity with the permanent magnet limit block such that the permanent magnet couple provides a force to hold the louvers in the shut condition, 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 13, Bae In-gu discloses wherein the frame comprises at least one internal cross member (12) and the at least one connecting rod (15) is positioned adjacent the internal cross member (as seen in figs 1, 2). In re Claim 14, the proposed system has been discussed, wherein Liao et al discloses wherein the electromagnet couple (41/42) is [[also]] energized when an airflow (from air conditioning unit (81)) is directed through the ventilation shutter (fig 2: (10)) [0043, 0005]. it would have been obvious to modify the proposed system, such that the electromagnet couple is energized (controlled) when an airflow is directed (controlled) through the ventilation shutter, 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. Conclusion 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 Carr (US 5,199,461), who discloses a three-way control damper (fig 6: (10)) arranged between separate air ducts (col 3, lns 21 – 32) comprising: a housing (12), a damper (26), an electromagnet (36) positioned in housing beneath a first shaft (28), and a permanent magnet (38) positioned in the housing beneath a second shaft (30) (col 4, lns 6 - 23); wherein a solenoid actuator is provided adjacent the stronger permanent magnet for moving the flap member away from the strong permanent magnet for disengagement of this mounting means. Without actuating of the solenoid, the engagement between the weak magnet and the flap will be broken and the flap will pivot about the strong permanent magnet. When the solenoid is actuated, engagement with the strong magnet is broken and the flap pivots about the weak permanent magnet. Similarly, two electromagnets can be readily be employed and sequenced depending on the direction of flow required.(col 6, lns 23 – 38) 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. 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, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, please visit: https://patentcenter.uspto.gov. For more information about Patent Center, please visit https://www.uspto.gov/patents/apply/patent-center and for information about filing in DOCX format please visit https://www.uspto.gov/patents/docx. For additional questions, contact the Electronic Business Center (EBC) at 866.217.9197 (toll-free). If you are a Pro Se inventor and would like assistance, please call the Pro Se assistance center at 866.767.3848. If you would like assistance from a USPTO Customer Service Representative, please call 800.786.9199 (in USA or Canada) or 571.272.1000. /Frances F Hamilton/ Examiner, Art Unit 3762 /EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3762
Read full office action

Prosecution Timeline

May 24, 2023
Application Filed
Sep 20, 2025
Non-Final Rejection — §103 (current)

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1-2
Expected OA Rounds
54%
Grant Probability
92%
With Interview (+38.8%)
4y 0m
Median Time to Grant
Low
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