Prosecution Insights
Last updated: April 19, 2026
Application No. 18/403,183

DEVICE INCLUDING ACTIVE AIR-MOVING DEVICE WITH POP-OUT MODE FOR IMPROVED COOLING AND RELATED METHODS

Non-Final OA §102§103
Filed
Jan 03, 2024
Examiner
SUL, STEPHEN SANGJIN
Art Unit
2835
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
388 granted / 488 resolved
+11.5% vs TC avg
Strong +28% interview lift
Without
With
+28.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
28 currently pending
Career history
516
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
11.7%
-28.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 488 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Objections Claims 3-5, 8, 13, 15-16, and 21 are objected to because of the following informalities: Claims 3-5: the clause “wherein the first AMD is” should be placed before the clause “configured to transition” (i.e., each of claims 3-5 should be amended to recite “The device of claim 1, wherein the first AMD is configured to transition”) in order to make it clear that the claims are directed to the first AMD of claim 1. Claim 8: the clause “the AMD” should be amended to recite “the first AMD” so that claim nomenclature is consistent with that of claim 1. Claim 13 Lns.2-3: the clause “to move air” should be amended to recite “to move the air” for antecedent reasons (i.e., the air is in reference to the air of claim 1). Claim 15 Ln.3: the clause “to move air” should be amended to recite “to move the air” for antecedent reasons (i.e., the air is in reference to the air of claim 1). Claim 16: the clause “the AMD” should be amended to recite “the first AMD” so that claim nomenclature is consistent with that of claim 1. See next page→ Claim 20 Ln.1: there should be a comma after the clause “of claim 1” for grammatical reasons. Claim 21 Lns.5-6: both instances of “the AMD” should be amended to recite “the first AMD” so that claim nomenclature is consistent. The Office notes that the above objections are a non-exhaustive list, and thus requests Applicant’s cooperation with reviewing the claims and correcting all remaining informalities present in the claims, but not made of record above. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. See next page→ Claims 1-3, 5-6, 8-9, 11, 13-14, 16, and 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 20210165471)1. Regarding claim 1, Chen discloses (Figs.1A-B and 5, and [0015]: there is a suggestion that 500 can be the same device as that of 100 since 100 has the same components shown in Fig.5, and thus the elements of Fig.5 will also be used): A device comprising: a housing (102); at least one integrated circuit (IC) package (514) (Figs.1A-B and Fig.5, and [0015]: 100 is capable of housing the CPU/IC package 514 of Fig.5 within 102 of 100) disposed inside (Figs.1A-B and [0015]: the electronic components, including the IC package, will be inside 102) the housing (102); and a first air-moving device (AMD) (106A) configured to move air (Figs.1A-B: the black arrows will define the air) through the housing (102); wherein: in a first operating mode (See Fig.1A), the first AMD (106A) is disposed inside (See Fig.1A) the housing (102); and in a second operating mode (See Fig.1B), the first AMD (106A) is disposed at least partially outside (See Fig.1B) the housing (102). Regarding claim 21, Chen discloses (Figs.1A-B and 5, and [0015]: there is a suggestion that 500 can be the same device as that of 100 since 100 has the same components shown in Fig.5, and thus the elements of Fig.5 will also be used): A method of cooling a device, the device comprising: at least one integrated circuit package (514) in a housing (102) (Figs.1A-B and Fig.5, and [0015]: 100 is capable of housing the CPU/IC package 514 of Fig.5 within 102 of 100); and a first air-moving device (AMD) (106A) configured to move air (Figs.1A-B: the black arrows will define the "air") through a first side face (See Figure of Claim 22); wherein the method comprises: in a first operating mode (See Fig.1A), activating the AMD (106A) inside the housing (102) (Fig.1A and [0018]: in the retracted position, 106A will move the air through 102 while 106A is within 102); and in a second operating mode (See Fig.1B), moving the AMD (106A) at least partially outside the housing (102) (Fig.1B and [0017]: depending on the temperature, 106A will be moved to the second operating position to move the air through 102). Regarding claim 22, Chen discloses (Figs.1A-B and 5, and [0015]: there is a suggestion that 500 can be the same device as that of 100 since 100 has the same components shown in Fig.5, and thus the elements of Fig.5 will also be used): A smartphone comprising: a housing (102) comprising: a front face (See Figure Below) and a back face (See Figure Below) opposite to each other; and a first side face (See Figure Below) between a first edge (See Figure Below) of the front face and a second edge (See Figure Below) of the back face; at least one integrated circuit (IC) package (514) disposed inside the housing (102) (Figs.1A-B and Fig.5, and [0015]: 100 is capable of housing the CPU/IC package 514 of Fig.5 within 102 of 100), the IC package (514) comprising a processor (See Fig.5, [0015], and [0031]) configured to execute user applications ([0031]); and a first air-moving device (AMD) (106A) configured to move air (Figs.1A-B: the black arrows will define the "air") through the first side face; wherein: in a first operating mode (See Fig.1A), the first AMD (106A) is disposed inside the housing (102); and in a second operating mode (See Fig.1B), the first AMD (106A) is disposed at least partially outside (See Fig.1B) the housing (102). See next page→ PNG media_image1.png 534 857 media_image1.png Greyscale Regarding claim 2, Chen further discloses: The housing (102) further comprising: a first face (See Figure of Claim 22- the “Front Face”) and a second face (See Figure of Claim 22- the “Back Face”) opposite to each other; and a first side face (See Figure of Claim 22) between the first face and the second face; wherein the first AMD (106A) is disposed outside (See Fig.1B) the first side face in the second operating mode (See Fig.1B). Regarding claim 3, Chen further discloses: Configured to transition between the first operating mode (See Fig.1A) and the second operating mode (See Fig.1B) in response to a detected temperature ([0017] and [0019]) inside the housing (102). Regarding claim 5, Chen further discloses: See next page→ Configured to transition between the first operating mode (See Fig.1A) and the second operating mode (See Fig.1B) in response to an instruction executed in the IC package (514) (Figs.1A-B and 5, and [0031]-[0033]: 514 can execute the instructions necessary for 508 to move the first AMD between the first operating mode and second operating mode due to the temperatures detected by 506). Regarding claim 6, Chen further discloses: Wherein: the first AMD (106A) comprises a fan (See Figs.1A-B, and [0016]: 106 includes a fan) configured to rotate in a plane that extends through the housing (102) in the first operating mode (See Fig.1A) and in the second operating mode (See Fig.1B) (Figs.1A-B: the fan of 106 will rotate in a plane that goes through 102, 106A, and 106B). Regarding claim 8, Chen further discloses: Wherein, in the second operating mode (See Fig.1B), the AMD (106A) is entirely outside (See Fig.1B: 106A is completely outside 102) the housing (102). Regarding claim 9, Chen further discloses: The housing (102) further comprising an airflow path (Fig.1A: the airflow path from 104A to 104B will define the "airflow path") extending from an inlet port (104A) in the first side face (See Figure of Claim 22- the “Front Face”) and through the housing (102) to an outlet port (104B). Regarding claim 11, Chen further discloses: Wherein the outlet port (104B) is disposed in a second side face (Fig.1A: the side face of 102 that has 104B will define the “second side face”) of the housing (102) opposite to the first side face (See Figure of Claim 22- the “Front Face”). Regarding claim 13, Chen further discloses: At least one exit AMD (106B) disposed adjacent to the outlet port (104B) and configured to move air (Figs.1A-B: the black arrows will define the air) from the airflow path out (Fig.1A: the airflow path from 104A to 104B will define the "airflow path") of the housing (102) through the outlet port (104B). Regarding claim 14, Chen further discloses: Wherein the at least one exit AMD (106B) is disposed inside (See Fig.1A) the housing (102) in the first operating mode (See Fig.1A) and outside (See Fig.1B) the housing (102) in the second operating mode (See Fig.1B). Regarding claim 16, Chen further discloses: Wherein: the AMD (106A) is configured to move through an inlet port (104A) to transition between the first operating mode (See Fig.1A) and the second operating mode (See Fig.1B) (Figs.1A-B: 106A moves through 104A to move between the first and second operating modes). Regarding claim 20, Chen further discloses: Comprising a device ([0015]) selected from the group consisting of: a set-top box; an entertainment unit; a navigation device; a communications device; a fixed location data unit; a mobile location data unit; a global positioning system (GPS) device; a mobile phone ([0015]); a cellular phone ([0015]); a smartphone ([0015]); a session initiation protocol (SIP) phone; a tablet ([0015]); a phablet; a server; a computer ([0015]); a portable computer ([0015]); a mobile computing device ([0015]); a wearable computing device; a desktop computer ([0015]); a personal digital assistant (PDA); a monitor; a computer monitor; a television ([0015]); a tuner; a radio; a satellite radio; a music player; a digital music player; a portable music player; a digital video player; a video player; a digital video disc (DVD) player; a portable digital video player; an automobile; a vehicle component; an avionics system; a drone; and a multicopter. 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. Claims 4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20210165471) in view of Cavallaro (US 20180348828). Regarding claim 4, Chen does not disclose: Configured to transition between the first operating mode and the second operating mode in response to a user contact. Cavallaro however teaches (Fig.9): Configured to transition between the first operating mode (951) and the second operating mode (952) in response to a user contact (Fig.9 and [0075]: a user manually moves fan 303 via 954). It would have been obvious to one ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of Cavallaro to modify the device of Chen such that the first AMD is configured to transition between the first operating mode and the second operating mode in response to a user contact, as claimed, in order to further improve the usability of the device (i.e., in addition to automatically moving the first AMD between the first and second operating modes, a user can now manually move the first AMD between the first and second operating modes and thus making the device more user friendly). Regarding claim 19, Chen does not explicitly disclose: The first face comprising a video display. Cavallaro however teaches (Fig.1): The first face (upper surface of 101) comprising a video display (102). It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of Cavallaro to modify the device of Chen such that the first face comprises a video display, as claimed, in order to provide a simple and efficient means of visually displaying the information of the device disclosed by Chen ([0015]) (i.e., within the devices listed in paragraph [0015] of Chen, providing the video display taught by Cavallaro on the first/front face of Chen provides an efficient means of displaying the desired information). Finally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination / modification would have yielded predictable results to one of ordinary skill in the art at the time of the invention. See KSR International Co. v. Teleflex Inc., 550 U.S._, 82 USPQ2d 1385 (2007). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20210165471) in view of Long (US 20080121369). Regarding claim 7, Chen does not disclose: At least one first protective grill configured to protect the fan from physical interference. Long however teaches (Fig.2): At least one first protective grill (28) configured to protect the fan (20) from physical interference ([0014]: 28 prevents hands from touching 22, and thus prevents physical interference). It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of Long to modify the device of Chen such that it has at least one first protective grill that is configured to protect the fan from physical interference, as claimed, in order to better protect the first AMD from physical damage due to the first protective grill acting as a shield while also ensuring a user does not harm themselves on the first AMD since the first protective grill will prohibit a user from contacting and getting hurt from the fan as taught by Long ([0014]). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20210165471) in view of North (US 20190235982). Regarding claim 10, Chen does not disclose: A heat sink comprising fins disposed in the airflow path. North however teaches (Fig.2A): A heat sink ([0037]: “fins of a heat sink 139”- the fins 139 belong to a heat sink) comprising fins (139) disposed in the airflow path (Fig.2A: the pathway from 162 to 164 will define the “airflow path”). It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of North to modify the device of Chen such that it has a heat sink comprising fins that are disposed in the airflow path, as claimed, in order to further improve the heat dissipation capabilities due to the increased number of heat dissipation components being provided in the device to cool the device. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20210165471) in view of Behl (US 5862037). Regarding claim 12, Chen does not disclose: Wherein the outlet port is disposed in the first side face of the housing. Behl however teaches (Fig.1): Wherein the outlet port (21- the one closest to 10 and 20) is disposed in the first side face (side of 14 that has 10 and 20) of the housing (14). It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of Behl to modify the device of Chen such that the outlet port is disposed on the first side face of the housing (i.e., provide an additional outlet port on the first side face of Chen so that the two outlet ports in combination define the claimed “outlet port”), as claimed, in order to further optimize the heat dissipation capabilities due to the increased heat dissipation area (i.e., by providing more outlet ports, the heated air has a greater area to leave the device, and thus increasing the heat dissipation area). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20210165471). Regarding claim 15, Chen does not disclose: See next page→ Wherein: the at least one exit AMD comprises at least two exit AMDs disposed adjacent to the outlet port and configured to move air from the airflow path out of the housing through the outlet port. However, Chen suggests utilizing two or more air moving devices ([0015]: “depicting at least two air flow devices 106A and 106B”- suggests that any desired number of air moving devices can be utilized) and two or more openings ([0016]: “including at least two openings 104A and 104B”- suggests that any desired number of openings can be utilized). Therefore, it would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above suggestion of Chen to modify the device of Chen such that the at least one exit AMD comprises at least two exit AMDs disposed adjacent to the outlet port and configured to move air from the airflow path out of the housing through the outlet port, as claimed, in order to further improve the heat dissipation capabilities due to the increased number of heat dissipation components being utilized to cool the device. Alternatively, modifying the device of Chen such that it has a desired number of exit air-moving devices as suggested by Chen ([0015]-[0016]), including as claimed (i.e., duplicate the outlet port of Chen and the at least one exit AMD of Chen such that there are at least two exit AMDs that are paired with a corresponding outlet port, and thus adjacent to the outlet port, so that the combination of outlet ports define the claimed “outlet port”), would have been an obvious modification that one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention would do in order to achieve the improved heat dissipation capabilities as discussed above, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. St Regis Paper Co. V. Bemis Co., 193 USPQ 8. Finally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination / modification would have yielded predictable results to one of ordinary skill in the art at the time of the invention. See KSR International Co. v. Teleflex Inc., 550 U.S._, 82 USPQ2d 1385 (2007). Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20210165471) in view of Jewell-Larsen (US 20120205079). Regarding claim 17, Chen further discloses: Wherein: the first face (See Figure of Claim 22- the “Front Face”) of the housing (102) comprises a rectangular shape (See Fig.1A) comprising longer sides (See Figure Below) and shorter sides (See Figure Below). PNG media_image2.png 484 870 media_image2.png Greyscale However, Chen does not disclose: The first side face comprises one of the longer sides. Jewell-Larsen however teaches (Fig.2): The first side face (See Figure Below) comprises one of the longer sides (See Figure Below). PNG media_image3.png 502 836 media_image3.png Greyscale It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of Jewell-Larsen to modify the device of Chen such that the first side face comprises one of the longer sides (i.e., change the size of Chen such that the “shorter sides” of Chen are the “longer sides” and the “longer sides” of Chen are the “shorter sides”), as claimed, in order to provide a more optimal airflow path since the air travels a shorter distance from the inlet port to the outlet port, and thus providing a shorter airflow path to cool the device. Furthermore, the above modification would only require a change in size to arrive at the claimed device (i.e., as explained above, one only has to change the size of the “shorter sides” and “longer sides” so that they are respectively the “longer sides” and “shorter sides”) in order to achieve the improved airflow path as discussed above, and a change of size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Finally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination / modification would have yielded predictable results to one of ordinary skill in the art at the time of the invention. See KSR International Co. v. Teleflex Inc., 550 U.S._, 82 USPQ2d 1385 (2007). Regarding claim 18, modified Chen does not teach: Wherein: the longer sides have a first length in a range from 4 inches to 12 inches; and the shorter sides have a second length in a range from 2 inches to 9 inches. However, modifying the device of Chen such that the longer sides and shorter sides have a desired length, including as claimed (i.e., 4in-12in for the longer sides and 2in-9in for the shorter sides), would have been an obvious modification that one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention would do in order to achieve the optimized airflow path as discussed in claim 17 above, since it has been held that the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Finally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination / modification would have yielded predictable results to one of ordinary skill in the art at the time of the invention. See KSR International Co. v. Teleflex Inc., 550 U.S._, 82 USPQ2d 1385 (2007). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 11687133: teaches a cooling system that utilizes a fan that blows air through fins of a heat sink. US 20200033920: teaches a cooling system that utilizes a plurality of fans to cooling corresponding heat generating components. US 7911781: teaches a fan that can be manually removed from a computer. US 20070041157: teaches a cooling system in which a fan can operate in at least two modes of operation- one mode includes the fan being inside a housing and another mode includes the fan being outside the housing. US 6435889: teaches a fan that has a grill used for protection. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN S SUL whose telephone number is (571)270-1243. The examiner can normally be reached M-F 8-5 EST. 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, Jayprakash Gandhi can be reached at (571) 272-3740. 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. /STEPHEN S SUL/Primary Examiner, Art Unit 2835 1 Examiner’s Note: Regarding claim 21, since there are no specific method steps being claimed, just a general process of using the device of claim 1 (i.e., the method of claim 21 repeats the structure recited in the apparatus of claim 1), the fact that the structure of the device of the present invention is anticipated by Chen means that the general method of using such a structure is also anticipated by the same reference. The method steps recited in the claim are inherently necessitated by the structure of Chen.
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Prosecution Timeline

Jan 03, 2024
Application Filed
Sep 17, 2025
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+28.1%)
2y 4m
Median Time to Grant
Low
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