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 Amendment / Status of the Claims
Applicant is thanked for their 3/18/26 response to the Office Action dated 11/18/25. The amendment has been entered and, accordingly:
Claims 1, 3-6, and 8-10 are amended.
Claims 2 and 7 are cancelled.
Claims 1, 3-6, and 8-10 are pending.
Applicant’s amendments to the claims have overcome the previously set forth claim objections and rejections so those objections and rejections are withdrawn accordingly.
Applicant’s request for a corrected filing receipt was insufficient. The Office resolved this issue as evidenced by the filing receipt dated 4/22/26.
Response to Remarks
Applicant’s remarks with respect to claims 1 and 8 on Pgs. 6-8 have been considered but are moot because the new grounds 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.
One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
NOTE: The as-filed specification does not disclose the “modular and flexible hood architecture” mentioned on Pg. 7 of the remarks.
Claim Interpretation
Claim 1 recites “the vertical bars are structurally independent of the plate and rods and spatially separated from the plate and rods” (emphasis added). It’s noted that Figure 5 shows the plate and rods of first fixing element 10 are structurally independent from the vertical bars of the second fixing element 14, as claimed. However, when the kitchen hood 1 is fully assembled, as shown in Figure 6, the vertical bars of the first fixing element 10 are no longer structurally independent from the vertical bars of the second fixing element 14 because they both provide structural support to the kitchen hood 1. Given the as-filed disclosure supports “the vertical bars are structurally independent of the plate and rods and spatially separated from the plate and rods” (emphasis added) when the claim is interpreted as the vertical bars are not installed to the plate and rods, a structure will be considered to read on this limitation when the vertical bars are not installed to the plate and rods.
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, 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 for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Fujimura (JP2011158224A), in view of White et al. (US 4313043 A, hereafter White) and Mizutani (JPH04194534A).
Reference is made to the attached Japanese to English machine translation of Mizutani ‘534.
Regarding claim 1, Fujimura discloses a kitchen hood (Par. 0001, thin range hood), comprising:
- a functional module (Figs. 1, 3 and 7, blower box 2, which is a ‘functional module’ because it is a module that functions to move air via exhaust fan 3c) which can face a cooking area (Fig. 1, cooking appliance 8) to suck food cooking fumes (Par. 0009, which discloses the hood section collects oil and grease from oily smoke and the like), the functional module having at least one inlet opening (It’s the Examiner’s position that blower box 2 inherently discloses an inlet opening for air containing oily smoke to enter fan casing 3a so it can exit via exhaust duct 4. See, for example, the dashed circular lines of blower 3 in Fig. 3, which one of ordinary skill in the art would understand suggest an intake, and Par. 0002 which discloses the hood section captures polluted air generated during cooking and the hood section is attached to the blower box) and one outlet opening (Figs. 1 and 3, opening between fan casing 3a and exhaust duct 4. See Par. 0027) for conveying the cooking fumes;
- a covering element (Fig. 3, panel member which comprises curtain panels C1-C3), comprising a pair of side walls (Fig. 3 shows that in reference to kitchen wall K1, panels C1 and C3 are side walls) and a front wall (Fig. 3 shows that in reference to kitchen wall K1, panel C2 is a front wall), adapted to define an outer casing of the hood (Par. 0043, which discloses the panel member conceals at least some structures of hood part 1 and therefore functions as an enclosing frame or casing for at least some of the hood part 1 structures);
- connection means (Fig. 7, installation adjustment member B and Par. 0015, “the installation posture, such as the levelness of the hood section, can be adjusted using an installation adjustment member by attaching and connecting one end of a connecting member, the other end of which is attached to the range hood, to a wall mounting member that is attached to the wall on which the range hood is to be installed by screwing or the like, the range hood part other than one edge side of the hood part that is attached to the wall can be connected and held to the wall via the installation adjustment member.” Fig. 7 shows installation adjustment member B comprises a connecting member 6 (i.e., first fixing element), fixing edge portion 5b (i.e., support element), and wall mounting frame portions 5a (i.e., second fixing element)) associable to the functional module (Par. 0037, which discloses connecting member 6 is connected to blower box 2 via connecting screw 25) for fixing it to a wall (Figs. 1, 3, 5, 7, kitchen wall K1), the connection means comprising a first fixing element (Figs. 1, 5, and 7, connecting member 6) configured to be fixed to the wall (Figs. 5, 7 and Par. 0049 which discloses connecting member 6 is connected to the wall via pulling screws 32) and to the functional module (Figs. 5, 7 and Par. 0037, which discloses connecting member 6 is connected to blower box 2 via connecting screw 25), the first fixing element comprising a plate and a pair of rods arranged at respective side edges of the plate (Figs. 1, 5, and 7, which show connecting member 6 has wall screw-fastening pull in edge 28 which is a flat, thin piece of material (i.e., a plate) and outer edge portions 33 which are a pair of slender bars (i.e., a pair of rods) arranged at respective side edges of the plate);
wherein the connection means comprise at least two second fixing elements (Fig. 7, wall mounting frame portions 5a) configured to be fixed to the wall (Figs. 5, 7 and Par. 0032 which discloses wall mounting frame portions 5a has wall mounting holes 10 which, in conjunction with wall mounting screws 12, are used to connect to kitchen wall surface K1) and to the covering element (Figs. 3, 7, 8 and Par. 0038 which discloses locking window 15 of wall mounting frame portions 5a is connected to the locking claw portions 17 of curtain panels C1 and C3 (i.e., components of covering element)), each second fixing element comprising
a vertical bar (Fig. 7, wall mounting frame portions 5a are vertical bars).
However, Fujimura does not disclose a covering element connectable to the functional module and the vertical bars are structurally independent of the plate and rods and spatially separated from the plate and rods
White discloses a ventilation hood (Col. 1, lines 5-8) similar to the present invention and White further discloses it is known for a covering element (Fig. 2, main support member 10. Examiner notes the corresponding structure for this limitation is a structure with front and side walls, and its equivalents, as described in the Claim Interpretation section above. Fig. 2 shows main support member 10 has front and side walls, therefore, main support member 10 is a ‘covering element’) to be connectable to a functional module (Col. 5, lines 31-38, “The main support member 10 also has suitable formations for supporting an exhaust fan assembly (FIG. 2) including a fan 81 located centrally of the member 10 and in air communication with the closure plate 42. The fan assembly is attachable to the support member 10 prior to insertion of the module 12.” Examiner notes the fan assembly is a ‘functional module’ because it is a module that functions to move air via fan 81).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the covering element and functional module of Fujimura with the connection between the covering element an fan module of White in order to connect the covering element to the functional module and thereby increase the stability of the covering element, which improves user safety. To elaborate, another connection point means it is less likely that the covering element will become disengaged and fall on a user, which improves user safety.
NOTE: It’s the examiner’s position that that an inlet opening for a functional module is well known in the art, as indicated by Par. 0117, last 7 lines of Ye et al. (US 20220205646 A1) referenced in the conclusion.
However, Fujimura, as modified above, does not disclose the vertical bars are structurally independent of the plate and rods and spatially separated from the plate and rods.
Mizutani discloses a kitchen hood (Pg. 2, 1st line) similar to the present invention and Mizutani further discloses it is known for a second fixing element comprising vertical bars (annotated Fig. A, vertical bars) to be structurally independent of a first fixing element (annotated Fig. A, first fixing element) comprising a plate (annotated Fig. A, plate) and bars (annotated Fig. A, bars) and the second fixing element is spatially separated from the first fixing element (Fig. 5(a)).
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[AltContent: textbox (Vertical bars)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plate)][AltContent: textbox (First fixing element)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Bars )]
Fig. A: Annotated copy of Fig. 5(a) from Mizutani showing location of prior art elements labeled with applicant' s terminology.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second fixing elements of Fujimara to be separate as disclosed by Mizutani in order to have the vertical bars be structurally independent of the plate and rods and spatially separated from the plate and rods and thereby eliminate gaps between the ceiling and kitchen hood (As suggested by Pg. 4, last 6 lines of Mizutani: “As shown in Figure 5(a), an L-shaped angle member 23 is attached to the intermediate partition 19 of the duct body 12, and screw holes 24 are formed in the angle member 23 at three positions: top, middle, and bottom. An elongated hole 25 is formed in the U-shaped sliding plate 5, and the sliding plate 5 can be repositioned up and down within the range of the elongated hole 25 relative to the selected screw hole 25, thereby eliminating the gap between the ceiling 4 and the duct body”) to create a seamless look and/or allow the kitchen hood to be installed in a wider variety of spaces. Furthermore, it would have been an obvious matter of design choice to make separate the first and second fixing elements since it has been held that making a claimed element removable was a matter of design choice. See MPEP 2144.04 V-C, including:
“In reDulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is “press fitted” and therefore not manually removable. The court held that “if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.”).”
Regarding claim 3, Fujimura discloses the kitchen hood according to claim 1, wherein the pair of side walls are arranged substantially vertically and parallel to each other (Fig. 3 shows that in reference to kitchen wall K1, panels C1 and C3 are side walls that are substantially vertical and parallel to each other), each side wall having a respective edge (Fig. 3 edge of each panel C1 and C3 that contacts kitchen wall K1), each vertical bar (Fig. 7, wall mounting frame portions 5a. Examiner notes the left instance of wall mounting frame portion 5a is connected to panel C3 and the right instance of wall mounting frame portion 5a is connected to panel C1) being configured to be connected to a respective side wall preferably substantially at the edge (Figs. 3, 7, 8 and Par. 0038 which discloses locking window 15 of wall mounting frame portions 5a is connected to the locking claw portions 17 of curtain panels C1 and C3 (i.e., components of covering element)).
Regarding claim 4, Fujimura discloses the kitchen hood according to the claim 3, wherein each second fixing element (Fig. 7, wall mounting frame portions 5a) comprises a plurality of hooks (Figs. 7-8 and 10, locking windows 15 and Par. 0051, “Finally, the front curtain panel C1 and the rear curtain panel C3 are attached by hooking and engaging the locking claw portions 17 provided on the front curtain panel C1 and the rear curtain panel C3 with the locking windows 15, 15a provided on the wall mounting member 5 of the installation adjustment member B and the side curtain panel C2, respectively” Examiner notes locking windows 15 connect with the locking claw portions 17 as if by a hook, therefore they are ‘hooks’), each side wall (Fig. 3 shows that in reference to kitchen wall K1, panels C1 and C3 are side walls) comprising a plurality of pins arranged at the edge (Figs. 8 and 10, locking claw portions 17. Examiner notes locking claw portions 17 hold or pin the panels C1 and C3 to the wall mounting frame portions 5a and are therefore ‘pins’), each pin being insertable in a respective hook for hanging the covering element to the second fixing elements (Figs. 7-8 and 10 and Par. 0051 as quoted above).
Regarding claim 5, Fujimura discloses the kitchen hood according to claim 1, wherein the connection means (Fig. 7, installation adjustment member B, as explained in claim 1 above) comprise a support element (Fig. 3, fixing edge portion 5b. Examiner notes the corresponding structure for this limitation is a substantially plate-shaped structure, and its equivalents, as described in the Claim Interpretation section above. Therefore, fixing edge portion 5b is a ‘support element’ because it is a substantially flat, thin piece of material or plate-shaped structure) configured to be connected to the functional module (Figs. 1, 3 and 7, blower box 2, as explained in claim 1 above) at a lower height with respect to the first fixing element (Fig. 3, connecting member 6) and to rest on the wall (Figs. 1, 3, 5, 7, kitchen wall K1).
Regarding claim 6, Fujimura discloses the kitchen hood according to claim 1, also comprising an exhaust duct (Figs. 1 and 3, exhaust duct 4) connectable to the outlet opening of the functional module (Par. 0027, which discloses the fan casing of blower box 2 is connected to exhaust duct 4) and configured to be arranged at least in part between the covering element (Fig. 3, panel member which comprises curtain panels C1-C3, as explained in claim 1 above) and the wall (Figs. 1, 3, 5, 7, kitchen wall K1).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Fujimura (JP2011158224A), in view of White et al. (US 4313043 A, hereafter White) and Mizutani (JPH04194534A) and further in view of Wolbrink et al. (US 4465256 A, hereafter Wolbrink).
Regarding claim 8, Fujimura, as modified above, discloses a method for assembling a kitchen hood (Par. 0001, thin range hood), comprising the steps of:
- providing functional module, a covering element and connection means of a hood according to claim 1 (See mapping to claim 1 above);
- fixing the plate and rods of the first fixing element (Fig. 3, wall screw-fastening pull in edge 28 which is a flat, thin piece of material (i.e., a plate) and outer edge portions 33 which are a pair of slender bars (i.e., a pair of rods) of connecting member 6) to a wall (Par. 0049, “pulling screws 32 are screwed into the kitchen wall surface K1 through the screw insertion holes 31 of the wall screw fastening pulling edge portion 28 of the connecting member 6”);
- fixing the vertical bars of the second fixing element (Fig. 7, wall mounting frame portions 5a) to the wall (Par. 0048, “wall mounting member 5 is attached to the kitchen wall K1 using the wall mounting screw 12”. Note Par. 0032 which discloses wall mounting frame portions 5a have wall mounting holes 10 which, in conjunction with wall mounting screws 12, are used to connect to kitchen wall surface K1);
- fixing the functional module to the rods (Par. 0048, “Then, the connecting member 6 is attached to the blower box 2 side of the range hood A using connecting screws 26”. Note Fig. 7 which shows connecting screws 26 are installed to the outer edge portions 33 (i.e., rods));
- after the steps of fixing the vertical bars of the second fixing elements to the wall and the functional module to the rods of the first fixing element, fixing the covering element to the vertical bars (Par. 0050-0051, which discloses curtain panels C1, C2 are attached to wall mounting member 5 via locking windows 15. Note Fig. 7 which shows locking windows 15 are located on the wall mounting frame portions 5a (i.e., vertical bars)).
However, Fujimura, as modified above, does not disclose after the step of fixing the plate and rods of the first fixing element to the wall, fixing the functional module to the rods.
Wolbrink discloses a mounting device for a range hood (Abstract) similar to the present invention and Wolbrink further discloses it is known to fix a first fixing element (Fig. 4, hangers 54, 56) comprising a plate (Fig. 4, strap portion 76) and bars (Fig. 4, upper lips 68, lower lips 78) to a wall (Col. 2, lines 62-62, “FIGS. 3 and 4 show toggle bolt fasteners 98 for fastening the straps to wall board 86.” Per Col. 2, lines 33-34, strap portion 76 is a part of hangers 54, 56 which necessarily means Figs. 3 and 4 show the hangers 54, 56 (i.e., first fastening element) are fixed to a wall board 86 (i.e., wall)) and after the step of fixing the plate and rods of the first fastening element to a wall (Col. 2, lines 62-62, “FIGS. 3 and 4 show toggle bolt fasteners 98 for fastening the straps to wall board 86.” Per Col. 2, lines 33-34, strap portion 76 is a part of hangers 54, 56 which necessarily means Figs. 3 and 4 show the hangers 54, 56 (i.e., first fastening element) are fixed to a wall board 86 (i.e., wall)), fixing a functional module (Col. 2, lines 5-6, “range hood 26 includes a hood portion 30 that collects the odors and fumes rising from range 10”. Examiner notes hood portion 30 is a ‘functional module’ because it is a module that functions to collect odors and fumes) to the first fastening element (Col. 3, lines 10-15, “Hood portion 30 of range hood 26 is placed on lips 78 and pivoted into position, also as shown in FIG. 5, so that flanges 80 lie along the inside of ducts 32 and 34, as shown in FIG. 6. Bolts 116 extend through flanges 80 of hangers 54 and 56 to secure hood portion 30 and ducts 32 and 34 to mounting member 50” Examiner notes Figs. 3- show the toggle bolt fasteners 98 of hangers 54,56 are first installed to wall board 86 before hood portion 30 is attached to hangers 54, 56, which reads on the claim).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Fujimura with the method as disclosed by Wolbrink in order to after the step of fixing the first fixing element to the wall, fix the functional module to the first fixing element and thereby ensure the connection between the first fixing element and the wall is secure before additional weight is added to the connection, which decreases the risk that the functional module will become disengaged and fall on the user.
Regarding claim 9, Fujimura, discloses the method according to claim 8, comprising the further step of connecting an exhaust duct (Figs. 1 and 3, exhaust duct 4) to the outlet opening (Figs. 1 and 3, opening between fan casing 3a and exhaust duct 4. See Par. 0027) of the functional module (Figs. 1, 3 and 7, blower box 2, as explained in claim 1), the step of connecting the exhaust duct being performed before the step of fixing the covering element (Fig. 3, panel member which comprises curtain panels C1-C3, as explained in claim 1 above) and after the step of fixing the functional module (Fig. 3 and Par. 0051, which discloses the curtain panels C1-C3 conceal blower box 2 and exhaust duct 4, which necessarily means exhaust duct 4 is connected to blower box 2 and curtain panels C1-C3 are connected to blower box 2 before the step of fixing curtain panels C1-C3).
Regarding claim 10, Fujimura, as modified above, discloses the method according to claim 8, comprising the further step of fixing the covering element (From Fujimura: Fig. 3, panel member which comprises curtain panels C1-C3, as explained in claim 1 above) to the functional module (From Fujimura: Figs. 1, 3 and 7, blower box 2, as explained in claim 1. Examiner notes this limitation is necessarily met after the modification with White explained in claim 6. To elaborate, Fujimura in view of White discloses the covering element is connected to the functional module).
However, Fujimura, as modified above, does not disclose fixing the covering element to the functional module after the step of fixing the covering element to the vertical bars.
White further discloses it is known to fix the covering element (Fig. 2, main support member 10, as explained in claim 1 above) to the functional module (fan assembly, Col. 5, lines 31-38, as quoted and explained in claim 1 above) after the step of fixing the covering element to vertical bars (Fig. 2, wall support members or studs 26 and, Col. 3, lines 65 - Col. 4, line 1, “Multiple rows of holes 22 extend across the back wall 14 through selected ones of which at least one lag screw 24 or other suitable threaded fastener can be inserted to securely mount the assembly to the wall board 16 and to at least one wall support member or stud 26.” Examiner notes Fig. 2 shows wall board 16 is part of main support member 10, thus main support member 10 must necessarily be attached to wall support members or studs 26 via at least one lag screw 24. See Fig. 2 and Col. 5, lines 31-38, as quoted in claim 1 above, for further support regarding why main support member 10 (i.e., covering element) must necessarily be fixed to the fan assembly (i.e., functional module) after the step of fixing main support member 10 to stud 26 (i.e., second fixing element)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Fujimura with the method as disclosed by White in order to fix the covering element to the functional module after the step of fixing the covering element to the second fixing element and thereby ensure the connection between the covering element and the second fixing element is secure before additional weight is added to the connection, which decreases the risk that the functional module will become disengaged and fall on the user.
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 Elizabeth Laughlin whose telephone number is (703)756-5924. The examiner can normally be reached Monday - Friday 8:30-6:00 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached on (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.A.L./Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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