Prosecution Insights
Last updated: July 17, 2026
Application No. 18/345,047

ANESTHESIA MACHINE, VETERINARY ANESTHESIA MACHINE, AND FAN ASSEMBLY

Non-Final OA §103§112
Filed
Jun 30, 2023
Priority
Dec 31, 2020 — continuation of PCTCN2020142436
Examiner
GREIG, THOMAS W
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Shenzhen Mindray Animal Medical Technology Co. Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
131 granted / 177 resolved
+4.0% vs TC avg
Strong +25% interview lift
Without
With
+25.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
15 currently pending
Career history
196
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
85.7%
+45.7% vs TC avg
§102
2.0%
-38.0% vs TC avg
§112
7.4%
-32.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 177 resolved cases

Office Action

§103 §112
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 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. Claims 13-16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 13 recites the limitation "first inner cavity" and “third inner cavity” in lines 6-9. There is insufficient antecedent basis for this limitation in the claim. There is no recitation of a second inner cavity, but positive recitations of both the first and third cavities. Thus, it is unclear if applicant intends to claim three cavities but only further defines the first and third cavities. Independent claim 17 similarly only recites first and third cavities but has dependent claim 18 which positively recites the second cavities. Thus, claim 17 is clear while claim 13 lacks clarity on the number of cavities required by the claim. It is recommended to change the indication of the third cavity to the second cavity, or to amend the claim to positively recite the second cavity, in order to provide clarity on the required structure. Similarly, the recitations of “third air inlet” create similar problems and should be amended, as it implies a second air inlet without positive recitation and is therefore unclear. Claim 13 also recites the limitation “a fan, disposed in the first chamber…”. There is insufficient antecedent basis for this limitation in the claim. There is no previous recitation of any “chamber” and thus it appears applicant is intended to refer to the fan being in the first ‘cavity’, as is done in claims 1 and 17. Applicant is advised to amend the claim to refer to the fan being in the first inner cavity for clarity and to maintain the same verbiage as the other claims. 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 (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 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 1-4, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hirabayashi (U.S 2002/0148471 A1) in view of Fu (WO 2011017763 A1). Regarding claim 1, Hirabayashi discloses an anesthesia machine, comprising a driving gas branch (Fig. 1-2 and Paragraph 0032; A ventilator drives gas into the circuit and drives the movement of gas within the circuit), a fresh gas branch (Fig. 1 and Paragraph 0017, 0025, 0032, 0036; also see Claim 3; Fresh gas is introduced into the circuit containing gases such as oxygen and anesthetic), and a breathing circuit (respirator circuit 30, see Fig. 3 and Paragraph 0027), wherein the fresh gas branch is configured to deliver fresh gas with anesthetic gas into the breathing circuit (Paragraph 0017, 0025, 0032, 0036), the driving gas branch is configured to push the fresh gas from the breathing circuit to a patient (Paragraph 0036, the ventilator drives the flow of gas at a particular flow rate and temperature/humidity), the driving gas branch comprises a ventilator assembly (ventilator 40, Fig. 1-2 and Paragraphs 0036). Hirabayashi is silent regarding wherein the ventilator of the driving gas branch includes a fan assembly comprising a housing, a fan, and a first heat-dissipating member, the housing comprises a first inner cavity, a first air inlet communicating with the first inner cavity, and a first air outlet communicating with the first inner cavity, the fan is disposed in the first inner cavity and configured to drive air from the first air inlet into the first inner cavity and blow the air out from the first air outlet, and the fan comprises: a volute; an impeller, rotatably mounted in the volute; and a motor, mounted in the volute and connected to the impeller, and configured to drive the impeller to rotate; wherein the first heat-dissipating member is mounted on the motor and connected to the housing, and the first heat-dissipating member is configured to conduct heat generated by the motor to the housing. However, Fu teaches a fan assembly comprising a housing (ventilator system 500, see Fig. 29), a fan (Fig. 32 and Paragraph 00230; Blower 510), and a first heat-dissipating member (heat sink, fins 526; see Figs. 32-35 and flow element 55, see Fig. 68 and Paragraph 0237), the housing comprises a first inner cavity (see Fig. 32, the inner volume of the fan assembly, from 501 to 576), a first air inlet communicating with the first inner cavity (air inlet 502(1), Paragraph 00240 and Fig. 32; The filter portion receives air and conveys it to the blower), and a first air outlet communicating with the first inner cavity (outer case 576, Paragraph 00243 and Fig. 33, the outlet drives air exiting the mucous trap to the patient), the fan is disposed in the first inner cavity and configured to drive air from the first air inlet into the first inner cavity and blow the air out from the first air outlet (see Paragraph 00243 and also Fig. 12 and Paragraph 00203; The blower may drive air from the inlet, through the blower cavity, through the blower, and to the outlet for delivery to the user), and the fan comprises: a volute (see Paragraph 00185-00186 and Figs. 2-6; The fan includes a volute for driving and dividing of the air); an impeller (Paragraph 00186), rotatably mounted in the volute; and a motor, mounted in the volute and connected to the impeller (Paragraph 00190-00191, Figs. 2-6, 12, 21), and configured to drive the impeller to rotate (Paragraph 00190-00198, the motor drives the spinning of the rotor and impeller); wherein the first heat-dissipating member is mounted on the motor and connected to the housing (see Fig. 32-40 and Paragraphs 00215, 00233-00235; The motor may be surrounded by heat sinks or fins 526 on bottom housing part 524 which carries heat away from the motor; The heat sinks are explicitly connected to at least part of the housing in 524), and the first heat-dissipating member is configured to conduct heat generated by the motor to the housing (Paragraph 00233-00235). Additionally, Fu teaches flow element 555, which similarly is provided against the motor and acts as a heat sink (Paragraph 00237, Figs. 33-34, 68-70) It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Hirabayashi to have included a blower assembly with housing, defined volute/impellor/motor and with a heat-dissipating member mounted on the motor, such as that taught by Fu, in order to provide a known arrangement for a ventilation blower, and to prevent motor overheating during continuous operation of the device (Abstract, Paragraph 00215, 00233-00235). Regarding claim 2, the modified device of Hirabayashi discloses the device of claim 1. Fu further teaches wherein the first heat-dissipating member comprises: a connecting portion connected to the motor; and radiating fins connected to the connecting portion to expand a heat dissipation area (see Fig. 33 and Paragraph 00215; The motor is connected to metallic heat sinks with fins which draw heat from the motor). Alternatively, Fu teaches that flow element 555 includes a connecting portion connected to the motor (Fig. 33-34 and 68-70, Paragraph 00237, 00270; The flow element has circular inner core which is disposed around the motor); and radiating fins connected to the connecting portion to expand a heat dissipation area (Vanes/fins 555(1) extend therefrom and allow for heat conduction from the motor; Paragraph 00237). Regarding claim 3, the modified device of Hirabayashi discloses the device of claim 2. Fu further teaches wherein the connecting portion is in the form of a ring, the connecting portion is sleeved over the motor, a plurality of radiating fins are provided, and the plurality of radiating fins are spaced around an outer side wall of the connecting portion (see Fig. 68-70; Fig. 33-34; The flow element 555 is a ring which is sleeved/disposed around the motor 540; The fins project from an outer side wall of the inner circular connecting portion, which is disposed about the motor; also see again Paragraph 00237). Regarding claim 4, the modified device of Hirabayashi discloses the device of claim 3. Fu further teaches wherein the fan assembly further comprises a second heat-dissipating member, the second heat-dissipating member is arranged between the first heat-dissipating member and the housing, and the second heat-dissipating member is configured to direct the heat from the first heat-dissipating member to the housing (see Fig. 32-33; The heat sink of 555 is disposed on the motor, with bottom housing part 524 configured around 555; The bottom housing part 524 includes heat sinks/fins 526 which help to remove heat and thus receive transmitted heat from the motor/flow element 555 and transfers it to the rest of the surrounding housing and away from the motor; In other words, since the heat sink fins 526 are specifically included to remove heat from the motor, they are configured or capable of transferring heat emitted from the heat sink 555; Additionally, the fins 526 are intermediary/between 555 and the surrounding housing of the blower, or at the lower housing portion of the blower). Applicant may wish to further amend the claim to specify the exact arrangement of the first and second heat-dissipating members, as it may be broader than applicant intends. Regarding claim 7, the modified device of Hirabayashi discloses the device of claim 1. Fu further teaches wherein the first air inlet is located close to the motor so that most of gas entering the first inner cavity from the first air inlet flows over a surface of the motor to carry away the heat generated in operation of the motor (see Fig. 12 for example, the path of flow through the device flows over a surface of the motor; The incoming flow will pull heat from the motor; also see Paragraph 00237, the flow element 555 is next to the motor along the flow path and thus the gas from the inlet flows over the motor to carry heat away). Claim 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Fu (WO 2011017763 A1), as applied to claims 1-4, in further view of Kenyon (U.S 2014/0158131 A1). Regarding claim 6, the modified device of Hirabayashi discloses the device of claim 4. Hirabayashi is silent regarding specifically wherein the housing is made of a metal material; or the housing is made of thermally conductive plastic; or a side wall of the housing that is in contact with the second heat-dissipating member is made of a metal material or thermally conductive plastic. However, Kenyon teaches wherein the housing for a blower may be formed of thermally conductive plastics in order to assist with removing heat generated by the blower (Paragraph 0009, 0210). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Hirabayashi to have included thermally conductive plastics for the blower housing, such as that taught by Kenyon, in order to enhance heat dissipation away from the rotating assembly/motor of the blower (Paragraph 0009, 0210). Regarding claim 8, the modified device of Hirabayashi discloses the device of claim 1. Hirabayashi is silent regarding specifically wherein the volute comprises a second inner cavity, a second air inlet communicating with the second inner cavity, and a second air outlet communicating with the second inner cavity, the impeller is disposed in the second inner cavity, the second air outlet communicates with the first air outlet, and the second air inlet is provided close to the first air inlet. However, housings for blowers in which there first inlet/cavity/outlets for conveying gases to/from the blower are known in the art. As evidenced by Kenyon, Kenyon teaches wherein an outer housing of the blower assembly includes the first air inlet, first inner cavity and first air outlet, and further wherein the volute comprises a second inner cavity, a second air inlet communicating with the second inner cavity, and a second air outlet communicating with the second inner cavity, the impeller is disposed in the second inner cavity, the second air outlet communicates with the first air outlet, and the second air inlet is provided close to the first air inlet (It is first noted that the limitations of claim 1 do not set forth both the outer housing and the volute openings and cavities, and thus is broader than applicant may intend; see annotated Fig. 98 below, the blower volute has an inlet/outlet connected to an internal cavity; An outer housing containing the blower additionally includes inlets/outlets connected to an internal cavity, in which the volute is retained; The inlet of the outer blower housing is relatively next to the inlet of the volute; Additionally, the inlet of 607 may alternatively be defined as the first air inlet, which is adjacent the second air inlet of the volute). Additionally, Fu teaches the volute having an inner cavity and an air inlet/outlet communicating with the inner cavity, the impeller disposed in the cavity (see Fig. 32-35). PNG media_image1.png 428 502 media_image1.png Greyscale It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Hirabayashi to have included a blower housing about the volute with an inlet/outlet/inner cavity, as evidenced by Kenyon, in order to provide a known portable blower assembly or a known housing to retain the blower volute, and to adjust flow before/after the volute (Fig. 98). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hirabayashi (U.S 2002/0148471 A1) in view of Fu (WO 2011017763 A1), as applied to claim 1, in further view of Noble (U.S 2006/0174889 A1). Regarding claim 11, the modified device of Hirabayashi discloses the device of claim 1. Hirabayashi is silent regarding wherein the anesthesia machine further comprises an air fan disposed outside the housing, the air fan being configured to generate an airflow to the housing. However, Noble teaches an additional air fan disposed outside the housing of the primary blower, the air fan being configured to generate an airflow to the housing (Paragraph 0210-0211, 0220; A supplemental gas source may be provided on a separate branch of the circuit, which can provide supplemental air to the primary gas source; The gas can provide or take over for gas flow to maintain desired flow levels). Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Hirabayashi to have included a fan outside of the blower housing and to circulate air back into the blower, such as that taught by Noble, in order to provide an alternative and/or supplemental source of gas flow to maintain a desired level of gas delivery (Paragraph 0210-0211, 0220). Claims 13-15, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hirabayashi (U.S 2002/0148471 A1) in view of Zheng (CN 104689443 A). Regarding claim 13, Hirabayashi discloses an anesthesia machine, wherein the anesthesia machine comprises a driving gas branch (Fig. 1-2 and Paragraph 0032; A ventilator drives gas into the circuit and drives the movement of gas within the circuit), a fresh gas branch (Fig. 1 and Paragraph 0017, 0025, 0032, 0036; also see Claim 3; Fresh gas is introduced into the circuit containing gases such as oxygen and anesthetic), and a breathing circuit (respirator circuit 30, see Fig. 3 and Paragraph 0027), wherein the fresh gas branch is configured to deliver fresh gas with anesthetic gas into the breathing circuit (Paragraph 0017, 0025, 0032, 0036), the driving gas branch is configured to push the fresh gas from the breathing circuit to a patient (Paragraph 0036, the ventilator drives the flow of gas at a particular flow rate and temperature/humidity), the driving gas branch comprises a ventilator assembly (ventilator 40, Fig. 1-2 and Paragraphs 0036). Hirabayashi is silent regarding wherein the ventilator of the driving gas branch includes a fan assembly comprising a housing, comprising a first inner cavity, a first air inlet communicating with the first inner cavity, a first air outlet communicating with the first inner cavity, a third inner cavity, and a third air inlet communicating with the third inner cavity, the third inner cavity communicating with the first inner cavity via the first air inlet; a fan, disposed in the first chamber and configured to drive air from the third air inlet into the first inner cavity and blow the air out from the first air outlet; and a first noise reduction assembly, disposed in the third inner cavity and configured to reduce noise. However, Zheng teaches a fan assembly for a ventilator wherein the fan assembly comprises a housing (Fig. 1-4, the fan includes a housing), comprising a first inner cavity (see Fig. 1, 3 and 4; The blower is suspended within a first inner cavity), a first air inlet communicating with the first inner cavity (Fig. 3; The first inner cavity receives air from the first air inlet at 3-2.1 and/or through the through-hole of 13), a first air outlet communicating with the first inner cavity (connecting hose 9, see Paragraph 0041 and Figs. 1-4; The blower conveys pressurized air through the outlet 9), a third inner cavity (see Fig. 2 and Paragraphs 0034-0042, serpentine airway, which has a cavity/conduit extending therethrough to convey air to the blower), and a third air inlet communicating with the third inner cavity (Fig. 2 and Paragraph 0034-0043, air enters through an opening at 3-1, and at element F, before winding through detours 3-1.1/1.2/1.3 to the rest of the pathway of 3-1), the third inner cavity communicating with the first inner cavity via the first air inlet (Paragraph 0038, 0040 and Figs. 1-4; The serpentine cavity communicates and conveys air to air duct 13, which then delivers the air to the blower at 12); a fan (fan 8, Fig. 1-4), disposed in the first chamber and configured to drive air from the third air inlet into the first inner cavity and blow the air out from the first air outlet (Figs. 1-4 and Paragraph 0034-0042, the fan is disposed/suspended in the first cavity and provides the driving of the air from the third inlet to the first inner cavity and out through the first air outlet); and a first noise reduction assembly (Fig. 2 and Paragraph 0034-0042, walls/detours 3-1.1/1.2/1.3), disposed in the third inner cavity and configured to reduce noise (Paragraph 0009, 0019, the serpentine bends attenuate sound and prevent whistling). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Hirabayashi to have included a blower assembly which has a housing and cavities, one of which including a noise reduction assembly that conveys the gases to the blower, such as that taught by Zheng, in order to reduce noise generated by the conveyed air/blower in a compact form (Paragraph 0009, 00019, 0034-0042). Regarding claim 14, the modified device of Hirabayashi discloses the device of claim 13. Zheng further teaches wherein the first noise reduction assembly is provided with a noise reduction channel, one end of the noise reduction channel communicating with the first air inlet and the other end of the noise reduction channel communicating with the third air inlet (see Fig. 1-4 and Paragraphs 0034-0042, the noise reduction assembly includes a circuitous/serpentine noise reduction channels with bends; The bends reduce noise and attenuate sound of whistling generated by intake of air by the blower; The bends communicate with the first air inlet and third air inlet at the ends of the channel). Regarding claim 15, the modified device of Hirabayashi discloses the device of claim 14. Zheng further teaches wherein the noise reduction channel is linear, L-shaped, spiral, honeycomb-shaped, or wavy (see Figs. 1-4; Portions of the noise reduction channels are linear, i.e. the pathway is defined along linear segments at 90 degree bends, but are themselves linear; Additionally, the channels are L-shaped as they include a plurality of L-bends). Regarding claim 17, Hirabayashi discloses an anesthesia machine, comprising a driving gas branch (Fig. 1-2 and Paragraph 0032; A ventilator drives gas into the circuit and drives the movement of gas within the circuit), a fresh gas branch (Fig. 1 and Paragraph 0017, 0025, 0032, 0036; also see Claim 3; Fresh gas is introduced into the circuit containing gases such as oxygen and anesthetic), and a breathing circuit (respirator circuit 30, see Fig. 3 and Paragraph 0027), wherein the fresh gas branch is configured to deliver fresh gas with anesthetic gas into the breathing circuit (Paragraph 0017, 0025, 0032, 0036), the driving gas branch is configured to push the fresh gas from the breathing circuit to a patient (Paragraph 0036, the ventilator drives the flow of gas at a particular flow rate and temperature/humidity), the driving gas branch comprises a ventilator assembly (ventilator 40, Fig. 1-2 and Paragraphs 0036). Hirabayashi is silent regarding specifically wherein the ventilator assembly of the driving branch comprises a fan assembly comprising a housing, comprising a first inner cavity, a first air inlet communicating with the first inner cavity, a first air outlet communicating with the first inner cavity, a fan disposed in the first inner cavity and configured to drive air from the third air inlet into the first inner cavity and blow the air out from the first air outlet; and a first noise reduction assembly, disposed in the third inner cavity and configured to reduce noise, wherein the fan comprises a volute, an impeller rotatably mounted in the volute, and a motor, mounted in the volute and connected to the impeller and configured to drive the impeller to rotate, the first air inlet being disposed opposite the motor. However, Zheng teaches a fan assembly for a ventilator wherein the fan assembly comprises a housing (Fig. 1-4, the fan includes a housing), comprising a first inner cavity (see Fig. 1, 3 and 4; The blower is suspended within a first inner cavity), a first air inlet communicating with the first inner cavity (Fig. 3; The first inner cavity receives air from the first air inlet at 3-2.1 and/or through the through-hole of 13), a first air outlet communicating with the first inner cavity (connecting hose 9, see Paragraph 0041 and Figs. 1-4; The blower conveys pressurized air through the outlet 9), a third inner cavity (see Fig. 2 and Paragraphs 0034-0042, serpentine airway, which has a cavity/conduit extending therethrough to convey air to the blower), and a third air inlet communicating with the third inner cavity (Fig. 2 and Paragraph 0034-0043, air enters through an opening at 3-1, and at element F, before winding through detours 3-1.1/1.2/1.3 to the rest of the pathway of 3-1), the third inner cavity communicating with the first inner cavity via the first air inlet (Paragraph 0038, 0040 and Figs. 1-4; The serpentine cavity communicates and conveys air to air duct 13, which then delivers the air to the blower at 12); a fan (fan 8, Fig. 1-4), disposed in the first chamber and configured to drive air from the third air inlet into the first inner cavity and blow the air out from the first air outlet (Figs. 1-4 and Paragraph 0034-0042, the fan is disposed/suspended in the first cavity and provides the driving of the air from the third inlet to the first inner cavity and out through the first air outlet); and a first noise reduction assembly (Fig. 2 and Paragraph 0034-0042, walls/detours 3-1.1/1.2/1.3), disposed in the third inner cavity and configured to reduce noise (Paragraph 0009, 0019, the serpentine bends attenuate sound and prevent whistling), wherein the fan comprises a volute (see Fig. 1-4, the fan 8 includes a volute/fan housing), an impeller rotatably mounted in the volute (Paragraph 0019, 0042, 0046; The fan includes blades and thus must include an impellor with said blades that rotate within the volute), and a motor, mounted in the volute and connected to the impeller and configured to drive the impeller to rotate (Paragraph 0043; The fan is driven by a motor), the first air inlet being disposed opposite the motor (see Fig. 1-4; It is noted that the limitation of ‘opposite’ is recited without specificity and is thus very broad; The motor is located on the opposite side of a channel/wall of 3-2.1, or can be considered opposite from inlet 12 of the blower, etc.). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Hirabayashi to have included a blower assembly which has a housing and cavities, one of which including a noise reduction assembly that conveys the gases to the blower, such as that taught by Zheng, in order to reduce noise generated by the conveyed air/blower in a compact form (Paragraph 0009, 00019, 0034-0042). Regarding claim 18, the modified device of Hirabayashi discloses the device of claim 17. Zheng further teaches wherein the volute includes a second inner cavity (see Fig. 1 and Paragraph 0043, 0046; the volute includes an impeller and motor and thus must include a second inner cavity; The volute receives flow through inlet 12 and delivers gas through connecting hose 9), a second air inlet communicating with the second inner cavity (fan inlet 12, see Figs. 1-4), and a second air outlet communicating with the second inner cavity (fan outlet 11, Figs. 1-4); the impeller is disposed in the second inner cavity (Figs. 1-4, the fan must be disposed within the volute of 8), the second air outlet communicates with the first air outlet (The outlet of the fan at 11 communicates downstream with the hose 9/adapter bend 10 where the gas exits the blower assembly), and the second air inlet faces away from the first air inlet (see Fig. 2-3 for example, the inlet 12 is facing away/not towards the inlet at 13 or through the upper channel of 3-2.1). Regarding claim 19, the modified device of Hirabayashi discloses the device of claim 17. Zheng further teaches wherein the housing further comprises a third inner cavity (see Fig. 2 and Paragraphs 0034-0042, serpentine airway, which has a cavity/conduit extending therethrough to convey air to the blower), and a third air inlet communicating with the third inner cavity (Fig. 2 and Paragraph 0034-0043, air enters through an opening at 3-1, and at element F, before winding through detours 3-1.1/1.2/1.3 to the rest of the pathway of 3-1), the third inner cavity communicating with the first inner cavity via the first air inlet (Paragraph 0038, 0040 and Figs. 1-4; The serpentine cavity communicates and conveys air to air duct 13, which then delivers the air to the blower at 12); a first noise reduction assembly is disposed in the third inner cavity and configured to reduce noise (Fig. 2 and Paragraph 0034-0042, walls/detours 3-1.1/1.2/1.3; also see Paragraph 0009, 0019, the serpentine bends attenuate sound and prevent whistling). Regarding claim 20, the modified device of Hirabayashi discloses the device of claim 19. Zheng further teaches wherein the first noise reduction assembly is provided with a noise reduction channel, one end of the noise reduction channel communicating with the first air inlet and the other end of the noise reduction channel communicating with the third air inlet (see Fig. 1-4 and Paragraphs 0034-0042, the noise reduction assembly includes a circuitous/serpentine noise reduction channels with bends; The bends reduce noise and attenuate sound of whistling generated by intake of air by the blower; The bends communicate with the first air inlet and third air inlet at the ends of the channel). Claim 16 is are rejected under 35 U.S.C. 103 as being unpatentable over Hirabayashi (U.S 2002/0148471 A1) in view of Zheng (CN 104689443 A), as applied to claims 13-15, in further view of Wada (U.S 2020/0038606 A1). Regarding claim 16, the modified device of Hirabayashi discloses the device of claim 15. Zheng further teaches wherein the first noise reduction assembly comprises an upper clamp plate, a lower clamp plate and a spiral structural member sandwiched between the upper clamp plate and the lower clamp plate, wherein the upper clamp plate, the lower clamp plate and the spiral structural member enclose to form the noise reduction channel (Examiner is reading clamp plate as plates which are affixed and retained next to one another, as opposed to having the particular structure of clamps on each of the plates; see Figs. 1-2 and 4, Paragraph 0009-0013, 0033, the noise reduction assembly includes a flexible lower cover 3 and a bottom shock absorber 2, which bounds the spiraling noise reduction channel and walls above and below, respectively; Alternatively/additionally, there is a lower plate of the bottom box 1 of the fan which also bounds the channel). The modified device of Hirabayashi is silent regarding specifically wherein the lower clamp plate is provided with an opening connecting the noise reduction channel to the first air inlet. However, Zheng teaches an opening connecting to the noise reduction channel to the first inlet formed between the two plates (see Fig. 2 and Paragraph 0035, the opening is formed between the flexible lower cover 3 and shock absorber 2/bottom box 1; The air inlet connects to the serpentine silencing conduit and then leads to the first inlet of the fan). Additionally, Wada teaches wherein an air inlet for a blower may be defined by a lower clamp plate which is bounded by an outermost plate (see Fig. 7-12B and Paragraphs 0106-0109; There are upper/lower portions 80 and 90 which form silencing volumes; The intake hole 94 may be formed in the lower housing/side wall of 90, adjacent to the blower, while the side wall of 80 is disposed on top of the first wall and bounds the silencer cavity). Wada also teaches that the detachable/adjustable silencer cavity/conduit can be placed on the top of the blower, as opposed to the bottom (see Fig. 4-6 in particular). It is also noted that applicant has placed no criticality on the positioning of the inlet being on the ‘bottom’ plate as opposed to being in the top plate. Changing the opening to be defined in a lower plate/of the silencing conduit would not modify the function of the device, as the fluid pathway is unchanged but merely the opening is primarily defined in one of the cooperating plates/housing components. It has been found that when the only difference between the instant application and the prior art is mere shifting or difference in position of particular components without modification of operation of the device, the result is a matter of obvious design choice (MPEP 2144.04 (VI)(C)). Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Hirabayashi to have included the external opening of the silencing cavity into a lower plate, such as that taught by Wada, in order to provide a known alternative arrangement for a silencing conduit, and because it has been held that mere rearrangement and simple difference in positioning of an opening on one upper layer to one lower layer is an obvious matter of choice (MPEP 2144.04 (VI)(C)). Response to Amendment Claims 5, 9-10, 12 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: The closest prior art is Fu (WO 2011017763 A1) and Zheng (CN 104689443 A), Wildhaber (WO 2022053856 A1) and Davoine (FR 3091731 A3) and Yu (CN 112879348 A) and Lang (U.S 2007/0068526 A1) and Baecke (U.S 2012/0301267 A1) and Miller (U.S 2014/0251322 A1). Regarding claim 5, none of the prior art teaches or suggests the combination of limitations of claim 5 and particularly the requirement that the second heat-radiating member is sandwiched between the contact portion, which forms a contact plate, and the housing. Fu generally teach the inclusion of radial vanes or fins about the blower motor and arranged to conduct heat from the motor to ensure continued operation of the blower. However, the fins 526 of Fu are disposed on a surrounding lower housing which envelopes the blower as opposed to forming a direct contact portion with the motor, and thus there is no ‘sandwiching’ between a contact plate connected to the vanes and the surrounding housing. The flow element 555 of Fu also has radial vanes or fins which extend from an inner contacting ring 556 about the motor (see Figs. 32-34 and Fig. 68 for example). However, this flow element is meant to rotate about the motor in order to sense flow and only dissipates flow by contacting the motor about the inner ring and dissipation through the rotating vanes. This heat may then be conducted away through the surrounding housing, but the rotating vanes do not actually directly contact such housing, as that would inhibit rotation of the flow element. Thus the structure and configuration of the two heat elements of Fu does not teach the limitations as required by the claim. Wildhaber also teaches similar heat fins for dissipation of motor heat, but does not disclose a second heat-radiating member as required. Similar arguments can be made for claim 12. Since the first heat dissipation member 555 is free to rotate about the motor and does not actually contact the surrounding housing nor the second heat dissipation member/fins of 526. The limitations require a particular layering/contacting between the first and second heat dissipation members which is simply not considered by the prior art. It is noted that the flow element of 555 is disclosed with a split inner core 556 which allows spring-fitting and expansion/contraction depending on heat changes in the motor. Thus, flow element 555 must be at least partially flexible to expand and contract as described. However, the remaining limitations are still not taught. Regarding claim 9, none of the prior art teaches or suggests the limitations of claim 9 in concert with the previous limitations of the claims. The blower assembly of Zheng does include a flexible bottom cover sheet 2 which is disposed between a bottom plate of the blower housing and fan box shim on the other side of the cover sheet. However, the blower itself is suspended within the housing and thus does not contact this portion. Similarly, the other prior art does not consider this particular arrangement an abutting of the blower against two elastic supporting members on either side as required by the claim, in combination with the other limitations of the previous claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS WILLIAM GREIG whose telephone number is (571)272-5378. The examiner can normally be reached Monday - Thursday: 7:30AM - 5:00PM. 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, Kendra Carter can be reached at 571-272-9034. 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, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THOMAS W GREIG/Examiner, Art Unit 3785 /JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785
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Prosecution Timeline

Jun 30, 2023
Application Filed
Jun 02, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+25.0%)
3y 1m (~1m remaining)
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Low
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