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 .
Election/Restrictions
Applicant's election with traverse of claims 21-30 in the reply filed on 04/23/2026 is acknowledged. The traversal is on the ground(s) that the independent claims are not independent and distinct and there is not a sufficient search burden. This is found persuasive for the restriction between invention I and II as no serious search burden can be established and therefore claims 31-36 are examined below. However, it is not found persuasive for inventions I and III for the following reasons:
In response to the arguments regarding the restriction between inventions I and III, the examiner disagrees. First, despite the amendments presented, inventions I and II can still have a materially different design. Invention I explicitly states that the support rail comprises a second side panel extending cross-wise from the mounting panel and a second guide surface extending cross-wise to the extension. Invention III does describe a support rail. Therefore, invention III can have a materially different design in that there is no support rail and the fan is supported entirely by the lifting mechanism and the first and second guide rails. Further invention III recites a lifting mechanism. This is not described in invention I and therefore invention I can have a further materially different design from invention III in that it could have no lifting mechanism and is lifted entirely by the operator. Therefore, it is shown that the inventions can have a materially different design. Second, due to the reasons cited above for the materially different design between invention I and III, invention I could not read on invention III and vice versa, which establishes the mutual exclusivity of each invention. Finally, while the examiner does acknowledge that the primary classification for each invention is the same, classification is not the sole reason the examiner can establish burden. Inventions I and III recite substantially different structure and do not overlap in scope as established above. Particularly the recitation of the lifting mechanism in invention III and the support rail in invention I would require the employment of different search queries through the large primary CPC and further search through secondary classifications, such as B66F for lifting mechanisms, in which a mounting and lifting system of a fan could be classified.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 31-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dietsche (US 4130376 A) in view of Hayashi (US 20170219222 A1)(cited in IDS filed on 05/29/2024).
Regarding claim 31, Dietsche teaches of:
A mounting assembly (Fig. 2) for a fan (Fig. 2, 48) of a heating, ventilation, and/or air conditioning (HVAC) system (Fig. 1), comprising:
a mounting panel (Fig. 2, 18) configured to couple to a frame (Fig. 1, 18 is coupled to the frame of furnace), wherein the mounting panel comprises an opening (Fig. 2, 30) formed therethrough (Fig. 2, 30 is formed through 18); and
a railing assembly (Fig. 2, 32+34) coupled to the mounting panel (32+34 are coupled to 18), wherein the railing assembly comprises:
a first guide rail (Figs. 2-3, 32) comprising a first side panel (see annotated version of Fig. 3 below) extending from cross-wise to the mounting panel (see annotated version of Fig. 3 below, the first side panel extends cross-wise from 18) and a first guide surface (see annotated version of Fig. 3 below) extending from a first distal edge of the first side panel (first guide surface extends from the distal edge of the first guide panel);
a second guide rail (Figs. 2 and 4, 34) comprising a second side panel (see annotated version of Fig. 4 below) extending from cross-wise to the mounting panel (see annotated version of Fig. 4 below, the second side panel extends cross-wise from 18) and a second guide surface extending from a second distal edge of the second side panel (second guide surface extends from the distal edge of the second guide panel); and
a support rail (see annotated version of Fig. 2 below) comprising a flange (Fig. 2, 62) configured to support the fan offset from the first guide surface and the second guide surface in an installed configuration of the fan with the mounting assembly (Fig. 2, as the fan is slid along the first and second guide surfaces of 32 and 34 the fan is lifted by further surfaces 36 and 38 which allows the flange 60 to hook over the support rail flange 62 of 18 and position the fan offset from the first and second guide surface; Col. 3, lines 50-66, “he slide rails 54 and 56 are received in the tracks 32 and 34. As the housing approaches its final position in which the housing underlies the rearmost portion of the base plate with the fan discharge opening 46 coming into registry with the opening 30 in the base plate, the ramp means 36 and 38 on the tracks gradually lift the side rails 54 and 56 at their leading ends so the fan housing 26 is also elevated. The ramps have sufficient height that the inclined flange 60 will clear the rear edge 62 of the opening 30 and as the fan housing is pushed further to the rear to its final rearmost position the flange 60 overlies and hooks over the marginal edge portion defining the rear edge 62 of the opening 30. As a result, the leading end of the fan housing has been elevated, and the hooking of the flange over the base plate at the rear edge provides an adequate air seal along that side of the discharge opening”),
wherein the first guide surface and the second guide surface are configured to support and guide translation of a chassis of the fan to the support rail to engage with the flange (Fig. 2, see quotation above, the first and second guide surfaces guide the fan to its final installed positioned in which it is supported by 62).
Dietsche fails to explicitly teach:
wherein the first distal edge and the first guide surface extend at an oblique angle relative to the mounting panel
wherein the second distal edge and the second guide surface extend at the oblique angle relative to the mounting panel
Hayashi teaches of:
wherein the first distal edge (Fig. 5, connection point between 51 and SU2) and the first guide surface (Fig. 5, 51) extend at an oblique angle relative to the mounting panel (Fig. 5, it can be seen that 51 and its connection point extends at an oblique angle from SU1; ¶ [0051], “Each of the first rail unit 50 includes a rail nit main body 51 installed at an angle such that an opposing distance from the first side face SU1 decreases toward the back side and a claw portion 52 formed at an end of the rail unit main body 51”)
wherein the second distal edge (Fig. 5, connection point between 51 and SU3; ¶ [0050], “a first rail unit 50 is also provided on a third side face SU3 opposed to the second side face SU2”) and the second guide surface (Fig. 5, 51 on SU3) extend at the oblique angle relative to the mounting panel (¶ [0051], “Each of the first rail unit 50 includes a rail nit main body 51 installed at an angle such that an opposing distance from the first side face SU1 decreases toward the back side and a claw portion 52 formed at an end of the rail unit main body 51”)
The primary reference can be modified to meet this/these limitation(s) as follows:
modify the first and second side panels to increase in size so that the first and second guide surfaces and their connection points to the distal edges of the first and second side panels extend away from 18 at an oblique angle
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
providing an incline for the rail system of Dietsche would make it easier for a user to install the fan as a user would not need to lift the fan to its final height and could utilize the incline to push the fan to the desired height (Hayashi ¶ [0006], “However, the air-sending device itself has considerable weight, and there is a problem in that changing the attitude of the air-sending device increases a work load on the serviceman”; [0052], “51 is provided, when attaching and detaching the air-sending device 41 to and from the air-sending device unit housing 100A, a serviceman can load the slide member 70 fixed to the air-sending device 41 on the rail unit main body 51, slidably move the slide member 70, and thereby slidably move the air-sending device 41. Consequently, the indoor unit 1 can reduce a workload on the serviceman in attaching and detaching the air-sending device 41 to and from the air-sending device unit housing 100A.”; ¶ [0069], “Accordingly, since the air-sending device unit 100 is provided with the first rail units 50 and second rail unit 55 each having different inclinations and structured such that the slide member 70 and air-sending device 41 move in two stages, it is possible to reduce a load on the serviceman in attaching and detaching the air-sending device 41 to and from the air-sending device unit housing 100A.”)
Regarding claim 32, the combined teachings teach of the mounting assembly of claim 31, and the combined teachings further teach:
comprising a retention system (Dietsche, Fig. 2, 64) coupled to the mounting panel (Dietsche, Fig. 2, 64 is coupled to 18) and configured to engage with the chassis (Dietsche, Fig. 2, 64 engages with 54+56 of the fan 26), wherein the retention system is configured to pivot the chassis relative to the first guide rail and the second guide rail to transition the fan from a resting configuration on the first guide surface and the second guide surface to the installed configuration (Dietsche, Fig. 2, the fasteners 64 pull the rear of the fan upwards which would pivot the fan to an installed configuration; Abstract, “The slide rails are fastened to the base plate after the fan housing is in its fully slid-in position, to prevent sliding of the housing relative to the base plate and also to insure the fan housing is pulled up tightly to the base plate”).
Regarding claim 33, the combined teachings teach of the mounting assembly of claim 32, and the combined teachings further teach:
wherein the retention system comprises a threaded rod (Dietsche, Fig. 2, 64 is a threaded rod; Col. 4, lines7-8, “two fasteners 64, such as sheet metal screws”) extending through the mounting panel (Dietsche, Fig. 2, 64 extends through the mounting panel 18), wherein the threaded rod is configured to engage with the chassis in the resting configuration of the fan (Dietsche, Fig. 2, 64 engages with the chassis 54+56 to transition the chassis from the resting to installed configuration).
Regarding claim 34, the combined teachings teach of the mounting assembly of claim 32, and the combined teachings further teach:
wherein the railing assembly comprises an abutment rail (Dietsche, Fig. 2, 66) disposed opposite the support rail, relative to the opening (see annotated version of Fig. 2 below, 66 is opposite the support rail about 30).
Regarding claim 35, the combined teachings teach of the mounting assembly of claim 34, and the combined teachings further teach:
wherein the abutment rail comprises a tongue (see annotated version of Fig.2 of Dietsche below) extending at least partially in a direction away from the support rail (annotated version of Fig. 2 of Dietsche, the tongue of the abutment rail extends away from the support rail), wherein the tongue is configured to engage with the fan and guide movement of the fan from the resting configuration to the installed configuration (Fig. 2, 64 passes through 66 and engages with the fan resulting in 66 engaging with the fan when transition the fan from the resting to installed configuration).
Regarding claim 36, the combined teachings teach of the mounting assembly of claim 35, and the combined teachings further teach:
wherein the support rail comprises a web (annotated version of Fig. 2 of Dietsche, the web of the support rail is the portion of the rail that 62 is attached to), the flange extends from the web (annotated version of Fig. 2 of Dietsche, 62 extends from web), the abutment rail comprises an abutment surface (annotated version of Fig. 2 of Dietsche, the abutment surface is the surface of the abutment rail connected to the tongue), the tongue extends from the abutment surface (see above and annotated version of Fig. 2 of Dietsche below, the tongue extends from the abutment surface), and the tongue is configured to guide the fan to a position between the web and the abutment surface during transition of the fan from the resting configuration to the installed configuration (annotated version of Fig. 2 of Dietsche, the tongue guides the fan from its resting to installed configuration via 64, and when the fan is in its final installed configuration the fan is positioned between the web and the abutment surface).
Allowable Subject Matter
Claims 21-30 are considered to be allowed for the following reasons:
The most relevant known prior art for claim 1 is Hayashi. Hayashi teaches of all the limitations of claim 1 except for “a support rail comprising an extension extending cross-wise to the mounting panel and a flange extending cross-wise to the extension”. Hayashi does teach of a support rail (see 55 of Fig. 5 of Hayashi), however, the support rail does not have an extension extend cross-wise from the mounting panel nor does it have a flange extending cross-wise from the extension. The support rail 55 of Hayashi only extends at one angle to assist in the installation of the fan. There are no known references that could be utilized to modify the support rail of Hayashi to be shaped and oriented as listed above. The number of known references that teach of support rails is limited as the majority of prior art that teaches of translating a fan chassis along a rail to an installed configuration have the fans translating along a flat path with no inclination so that a support rail of the claimed structure would not be necessary to hold the fan in place. For example, see Dietsche in the rejection of claim 31 above that has a support rail but the rail does not have the claimed angles as the support rail of claim 21. Therefore, claims 21-30 are considered to be allowable.
Annotated Figures
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Annotated Fig. 2 of Dietsche
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Annotated Fig. 3 of Dietsche
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Annotated Fig. 4 Dietsche
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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