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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/30/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to independent claim 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.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barrett (US 2011791).
In reference to Claim 1
Barrett discloses:
A fan assembly comprising:
a fan housing (4) at least partially defining an airflow chamber (interior of 4);
a plurality of fan blades (blades of fan unit 3) positioned within the airflow chamber;
a motor (“motor unit”; Page 1, Col. 1, ll. 45-49) operable to rotate the plurality of fan blades;
a base (4a, 11) configured to be placed on a support surface (surface B as shown in Fig. 2), the base including a stand (6) having a foot (“stand” and “foot” as shown in the annotated Figures 2 and 7 of Barrett); and
a frame assembly (7, 8, 9) connecting the fan housing and the base, the frame assembly being movable to adjust a height of the fan housing relative to the base (adjusting the height of the housing involves opening/pivoting the stand 6 such that the height of the fan housing is changed as shown in Fig. 2);
wherein the foot is operably connected to the frame assembly such that movement of the frame assembly to adjust the height of the fan housing causes the foot to be automatically deployed –since the foot is attached to the stand 6—(Page 1, Col. 1, ll. 1-1-55; Col. 2, ll. 1-55) (Fig. 1-7).
In reference to Claim 12
Barrett discloses:
The fan assembly of claim 1, wherein the foot is a first foot (“first foot” as shown in the annotated Figures 2 and 7 of Barrett) located on a first side of the base, and wherein the stand also has a second foot (“second foot” as shown in the annotated Figures 2 and 7 of Barrett) located on a second side of the base opposite the first side.
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Figure 1: Annotated Figure 2 and 7 of Barrett.
Claims 1-5, 7-9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (CN 212985594).
In reference to Claim 1
Liu discloses:
A fan assembly comprising:
a fan housing (1 housing of fan assembly) at least partially defining an airflow chamber (interior of 4);
a plurality of fan blades (fan blade 3) positioned within the airflow chamber;
a motor (6) operable to rotate the plurality of fan blades;
a base (bottom plate of support frame 4) configured to be placed on a support surface (upper surface of 501 connecting base), the base including a stand (5) having a foot (506); and
a frame assembly (501, 502, 503) connecting the fan housing and the base, the frame assembly being movable to adjust a height of the fan housing relative to the base;
wherein the foot is operably connected to the frame assembly such that movement of the frame assembly to adjust the height of the fan housing causes the foot to be automatically deployed –since “adjusting the height of the fan through the telescopic supporting leg 503 and the lifting control screw 504” (Page 4 of the English Translation of Liu) would automatically cause the foot 506 to also be deployed--. (Page 1-6 of the English Translation of Liu; Fig. 1-5).
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Figure 2: Annotated Figure 5 of Liu.
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Figure 3: Figure 1 of Liu for reference.
In reference to Claim 2
Liu discloses:
The fan assembly of claim 1, wherein the frame assembly includes a first leg (as shown in the annotated Figure 5 of Liu) coupled to the base (bottom plate of support frame 4) and a second leg (as shown in the annotated Figure 5 of Liu) coupled to the fan housing –via frame 4--, and wherein the second leg is telescopically coupled to the first leg. (Page 1-6 of the English Translation of Liu; Fig. 1-5).
In reference to Claim 3
Liu discloses:
The fan assembly of claim 2, wherein when the second leg is retracted into the first leg (Fig. 3, 5), the foot is in a collapsed condition against the base (as shown in Fig. 3), and wherein when the second leg is extended from the first leg, the foot is in a deployed condition relative to the base (as shown in Fig. 1, 5).
In reference to Claim 4
Liu discloses:
The fan assembly of claim 3, wherein the stand also has a coupler (505 foot petal, 504 lifting screw) connected to the foot, and wherein an end of the second leg (as shown in the annotated Figure 5 of Liu) engages the coupler to inhibit movement of the foot from the collapsed condition to the deployed condition when the second leg is retracted into the first leg. (Page 1-6 of the English Translation of Liu; Fig. 1-5).
In reference to Claim 5
Liu discloses:
The fan assembly of claim 4, wherein the end of the second leg disengages the coupler (505 foot petal, 504 lifting screw) to allow movement of the foot from the collapsed condition to the deployed condition when the second leg is extended from the first leg. (Page 1-6 of the English Translation of Liu; Fig. 1-5).
In reference to Claim 7
Liu discloses:
The fan assembly of claim 2, wherein the base defines a recess (recess of the knob of the lifting screw 504) configured to be pressed by a user during telescoping of the second leg apart from the first leg. (Page 1-6 of the English Translation of Liu; Fig. 1-5).
In reference to Claim 8
Liu discloses:
The fan assembly of claim 2, wherein the first leg (as shown in the annotated Figure 5 of Liu) is rotatably fixed with respect to the base, and wherein the fan housing is rotatably coupled to the second leg (as shown in the annotated Figure 5 of Liu) –since the legs 503 are rotatable with respect to the fan housing--.( “the upper end outer surface of the telescopic leg 503 is movably connected with the outer surface of the lower end of the connecting base 501 by the pressing sheet 502,” Page 4 of the English Translation of Liu; Fig. 1-5).
In reference to Claim 9
Liu discloses:
The fan assembly of claim 2, further comprising a height lock (504 lifting screw) to selectively inhibit movement of the first leg relative to the second leg. (Fig. 3-5). (Page 1-6 of the English Translation of Liu; Fig. 1-5).
In reference to Claim 12
Liu discloses:
The fan assembly of claim 1, wherein the foot is a first foot (one of the foot 506) located on a first side of the base, and wherein the stand also has a second foot (second of the foot 506) located on a second side of the base opposite the first side. (Fig. 1-5).
Allowable Subject Matter
Claims 6, and 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 6, Liu is silent on the stand further has a spring connected to the coupler, and wherein the spring biases the foot to the deployed condition.
Regarding Claim 10, Liu is silent on the handle including a trigger and a line connected to the handle.
Claim 11 is dependent on Claim 10.
Claims 13-28 are allowed.
The following is an examiner’s statement of reasons for allowance:
Applicant’s arguments, filed 06/27/2025, with respect to 103 rejection of independent claims 13 and 20 have been fully considered and are persuasive (Page 9-12 of the Applicant’s Remarks filed on 06/27/2025). The 103 rejection of independent claims 13 and 20 has been withdrawn.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYE SU MON HTAY whose telephone number is (571)270-5958. The examiner can normally be reached Monday-Friday, 9:00am-3:00pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Wiehe can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AYE S HTAY/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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