DETAILED ACTION
This office action is in response to the amendments to the claims filed on 16 January 2026. Claims 1 – 12 are pending and currently being examined.
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
Claims 3 and 11 objected to because of the following informalities:
In Re Claims 3 and 11, Applicant is advised that should claim 3 be found allowable, claim 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Appropriate correction is required.
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) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ho (PG Pub US 20060257254 A1).
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Annotated excerpt of Figure 3B of Ho
In Re Claim 1, Ho discloses an axial fan (Figure 3B embodiment) comprising: an impeller cup (see annotated figure above); a fan (see annotated figure above) extending in a radial direction from the impeller cup; a motor (see annotated figure above) inside the impeller cup; a base portion (see annotated figure above) to which the motor is attached; and a housing (see where 219b points to) which stores the impeller cup, the fan and the motor, the housing including an inlet (212; Figure 2B; not labeled in Figure 3B, but it is on top) that takes in air and an outlet (214; Figure 2B; not labeled in Figure 3B, but it is on top) that discharge taken-in air, wherein an outer peripheral portion of the base portion is provided with an outer peripheral wall portion (inside the dashed circle where label 262 is) extending in an air-blowing direction (from top to bottom), the outer peripheral wall portion includes an upstream end (see annotated figure above) being an end on an upstream side in the air-blowing direction, and a downstream end (see annotated figure above) being an end on a downstream side in the air-blowing direction, the upstream end is located inward in the radial direction relative to an outer peripheral side surface (see annotated figure above) of the impeller cup, the downstream end is located outward in the radial direction relative to the upstream end and is located at the outlet (annotated figure above shows the outlet at the bottom), the outer peripheral wall portion includes an undersurface (see annotated figure above) and an uppermost surface (see annotated figure above) opposite the undersurface in the air-blowing direction, the uppermost surface faces a gap (grey shaded rectangle in above annotated figure) in the air-blowing direction, the gap is provided between the uppermost surface and the impeller cup in the air- blowing direction (as depicted), and the upstream end is located on the uppermost surface (as depicted), the outer peripheral wall portion has a largest outer diameter at the downstream end located at the outlet (as depicted), and the downstream end located at the outlet is a connecting portion of the outer peripheral wall portion and the undersurface (since flow is able to reach the undersurface from the outlet) (paragraph [0031]; Figure 3B).
Claim Rejections - 35 USC § 102/103
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 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 – 12 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Tung (PG Pub US 20070013242 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Tung in view of Ho (PG Pub US 20060257254 A1).
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First annotated Figure 8 of Tung
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Second annotated Figure 8 of Tung
In Re Claim 1, the Figure 8 embodiment of Tung discloses an axial fan comprising: an impeller cup (83); a fan (86) extending in a radial direction from the impeller cup (83); a motor (6, 84) inside the impeller cup (83); a base portion (see first annotated figure 8 above) to which the motor (6, 84) is attached; and a housing (2) which stores the impeller cup (83), the fan (86) and the motor (6, 84), the housing (2) including an inlet (top of the figure – see label 19 in the Figure 2 embodiment) that takes in air and an outlet (bottom of the figure – see label 17 in the Figure 4 embodiment) that discharge taken-in air, wherein an outer peripheral portion of the base portion is provided with an outer peripheral wall portion (see first annotated figure 8 above) extending in an air-blowing direction (from top to bottom is the air blowing direction),the outer peripheral wall portion includes an upstream end (see first annotated figure 8 above) being an end on an upstream side in the air-blowing direction, and a downstream end (see first annotated figure 8 above) being an end on a downstream side in the air-blowing direction, the upstream end is located inward in the radial direction relative to an outer peripheral side surface of the impeller cup (this is revealed upon a careful examination of the upstream end relative to the outer peripheral side surface in the first annotated figure 8 above), the downstream end (see first annotated figure 8 above) is located outward in the radial direction relative to the upstream end (see first annotated figure 8 above) and is located at the outlet (bottom most line in the first annotated figure 8 above), the outer peripheral wall portion includes an undersurface (see first annotated figure 8 above) and an uppermost surface (see first annotated figure 8 above) opposite the undersurface in the air-blowing direction, the uppermost surface faces a gap (see second annotated figure 8 above) in the air-blowing direction, the gap is provided between the uppermost surface and the impeller cup (83) in the air- blowing direction (see second annotated figure 8 above), and the upstream end is located on the uppermost surface (see second annotated figure 8 above), the outer peripheral wall portion has a largest outer diameter at the downstream end located at the outlet (see second annotated figure 8 above), and the downstream end located at the outlet is a connecting portion of the outer peripheral wall portion and the undersurface (since flow is able to reach the undersurface from the outlet) (paragraph [0004]; Figure 8).
The examiner first contends above that Tung discloses that the outer peripheral wall portion has a largest outer diameter at the downstream end located at the outlet. Alternatively, if this is not clear to applicant:
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Annotated Figure 3B of Ho
However, the Figure 3B embodiment of Ho discloses that the outer peripheral wall portion has a largest outer diameter at the bottom end of the base portion (see annotated figure 3B above; paragraph [0031]). Note that Ho also discloses that the upstream end is located inward in the radial direction relative to an outer peripheral side surface of the impeller cup.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed the invention to modify the diameter of the outer peripheral wall portion at the downstream end of Tung such that it is the largest as taught by Ho because the results of the substitution/modification are predictable as evidenced in paragraph [0031] of Ho which states that the slope (262) can be flat or curved (the curved shape is similar to the configuration of Tung) – "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." KSR Intl. Co. v. Teleflex Inc. at 420, 82 USPQ2d at 1397; The rigid requirement of a teaching, suggestion, or motivation to combine known elements in order to show obviousness has been rejected. Id. At 398,419 (2007). This a rationale that can be used to support a conclusion of obviousness (MPEP 2141, Section III, Rationale B).
In Re Claim 2, the combined references above disclose all the limitations of Claim 1, and Tung further discloses that the downstream end (see first annotated figure 8 above) is located outward in the radial direction relative to the outer peripheral side surface of the impeller cup (83).
In Re Claims 3 and 11, the combined references above disclose all the limitations of Claim 1, and Tung further discloses that the upstream end and the downstream end are connected by a convex curved surface (as depicted - see second annotated figure 8 above). Ho also discloses that the upstream end (top end of 262) and the downstream end (bottom end of 262) are connected by a convex curved surface (paragraph [0031]: “The slope 262 is flat or curved”).
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Third annotated Figure 8 of Tung
In Re Claim 4, the combined references above disclose all the limitations of Claim 1, and Tung further discloses that an angle of inclination being an angle formed by a virtual line passing through the upstream end and the downstream end and a cross section orthogonal to the air-blowing direction appears to be in the claimed range of 110° to 130° (see third annotated figure of Tung above). Ho also appears to disclose that the angle of slope 262 is in the claimed range of 110° to 130°.
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Fourth annotated Figure 8 of Tung
In Re Claims 5 and 6, the combined references above disclose all the limitations of Claim 1, and Tung further discloses that the upstream end (see fourth annotated figure 8 above) is located downstream of a downstream edge of the impeller cup (83), and the upstream end is located upstream of a board (see fourth annotated figure 8 above; for a clearer view of the board see label 57 in Figure 4) of the motor (6, 84).
In Re Claim 7, the combined references above disclose all the limitations of Claim 1, and Tung further discloses that the impellor cup (83) includes a downstream edge (see fourth annotated figure 8 above) which defines the gap (see second annotated figure 8 above) between the upstream end of the outer peripheral wall portion and the downstream edge of the impellor cup (83).
In Re Claim 8, the combined references above disclose all the limitations of Claim 1, and Tung further discloses that the base portion includes the undersurface and the outer peripheral wall portion extending from the undersurface toward the upstream side in the air-blowing direction (best seen in first annotated figure 8 above).
In Re Claim 9, the combined references above disclose all the limitations of Claim 5, and Tung further discloses that the upstream end of the outer peripheral wall portion of the base portion is placed in such a manner as to be hidden by the impeller cup (83) from view when the base portion is viewed along the air-blowing direction from the inlet via the impeller cup (83)(the entire extent of the upstream end/ uppermost surface is radially interior of the outer surface of the impeller cup; First annotated figure 8 above demonstrates the claimed limitations would be met when viewed from the top rather than the side view shown of figure 8).
In Re Claim 10, the combined references above disclose all the limitations of Claim 9, and Tung further discloses that the axial fan is an outer rotor axial fan (the magnet portion 84 is radially outside the stator 6, and is therefore an outer rotor).
In Re Claim 12, the combined references above disclose all the limitations of Claim 1, and Tung further discloses that the outer peripheral wall portion has the largest outer diameter at the downstream end located at the outlet (see rejection of claim 1) so that a difference between a velocity of flow of air discharged from the outlet and a velocity of flow of air flowing along the undersurface is reduced (since the structure of the prior art is the same, the same result of the reduction in difference of velocity is expected because flow from the outlet is able to reach the undersurface).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DNYANESH G KASTURE whose telephone number is (571)270-3928. The examiner can normally be reached Mon-Thu, 7:30 AM to 6:00 PM.
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, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.G.K/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746