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 .
This office action is a response to an amendment filed 03/10/2026.
Claims 1-12 and 15-20 are pending.
Claims 1-3, 5-9, 15, and 17-19 are amended.
Claims 13 and 14 are cancelled.
Response to Arguments
Applicant’s arguments, filed 03/10/2026, have been fully considered but are moot in view of the new grounds of rejection. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Rejections based on a newly cited reference(s) follow.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication No. 2018/0108339 to Young et al., (hereinafter Young), in view of US Patent Publication No. 2020/0133358 to Mishra et al., (hereinafter Mishra).
Regarding claim 18, Young teaches a method for controlling fan noise in an electronic device (see Title, Young), comprising:
identifying a position of a user with respect to the electronic device (A position of a user is identified in relation to computer, see p26-27, Fig. 1. Young), the electronic device including a first fan and a second fan (Fans of a computer with a first fan and a second fan, see p26, Young);
identifying a fan noise associated with the position of the user based on determining a fan noise perceived by the user at the position of the user with respect to the electronic device (Noise perceived by a user at a position is identified by way sound pressure through microphone sensing in view of determining, see p46, Figs. 2A-2C, p27-31, Young);
determining that a change to thermal dissipation of the electronic device is required (A change in fan speed can be determined to be required based on sound microphone levels, and where a requirement to change speed is naturally a requirement to change thermal dissipation, see P31, p43, 35, Young);
and selectively adjusting, to change the thermal dissipation, a fan speed of one of the first fan or the second fan based on determining, from the position of the user with respect to the electronic device (Speed of a fan can be adjusted in relation to a a user at a user position, where a change in fan speed by nature changes thermal dissipation from the fan, see p31, p29-30, Figs. 2B-2C, Young), that the first fan is positioned a first distance from the user and the second fan is positioned a second distance from the user that is different than the first distance (A first and second fan can be at different positions, see p31, Fig. 2B, p29-30, Figs. 2B-2C, Young), wherein the one of the first fan or the second fan is adjusted such that the determined fan noise perceived by the user is reduced (Speed of a fan can be adjusted with fans being in different location, so as to lower noise of fans as perceived by a user at a user location, see p31, Fig. 2C, p29-30, Figs. 2B-2C, Young).
Young does not explicitly teach detecting a position of a user; identifying a fan noise threshold associated with a user position; adjusting such that a fan noise within a noise threshold;
However, Mishra from the same or similar field of fan control and noise considerations, teaches detecting a position of a user (User proximity to a device with a fan is detected by sensor, thus a position detection system, see p21, p28-29, Mishra); identifying a fan noise threshold associated with a user position (A fan noise constraint is an identification of a threshold, see p71, p104, Mishra); adjusting such that a fan noise within a noise threshold (A fan speed can be adjusted in view of noise being within a constraint threshold (i.e. at or under), see p104, p71, Mishra).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the device and fan control as described by Young and incorporating user position detection and noise threshold considerations, as taught by Mishra.
One of ordinary skill in the art would have been motivated to do this modification in order to better determine that a user is within or at a position where a specified noise may be heard from fans, and to better identify an actual amount of fan noise and whether it is above or below a desired limit for permitted noise that will not be uncomfortable for the user at the position, so as to mitigate noise level if needed (see p104, p71, p21, 28, 29, Abs. Title, Mishra).
Allowable Subject Matter
Claims 1-12, 15-17, 19, and 20 are allowed.
The following is an examiner's statement of reasons for allowance:
While Mishra discloses controlling fan noise of an electronic device comprising a fan and a user position detection, determining a fan noise perceived by a user at a position, determining whether increased heat dissipation is required. Determining whether fan noise is below a threshold, and increasing fan speed when dissipation is required and fan noise is below a threshold, and while Baugh teaches consideration of an expected user position, none of the references discovered within the allotted time for search and consideration, taken either alone or in combination with the prior art of record disclose a method or device considering user, including:
(Claim 1) " …detecting, with a position detection system of the electronic device, an actual position of a user with respect to the electronic device, electronic device including a fan; identifying an expected position of the user with respect to the electronic device, wherein the expected position of the user is determined automatically by the electronic device observing user positions with respect to the electronic device over a usage history with the position detection system; identifying a fan noise threshold associated with the expected position of the user based on determining a fan noise perceived by the user at the expected position of the user with respect to the electronic device; updating the fan noise threshold based on comparing the actual position of the user to the expected position of the user, including: decreasing the fan noise threshold if the actual position is of the user is closer than the expected position of the user; and increasing the fan noise threshold if the actual position of the user is further than the expected position of the user; determining whether increased thermal dissipation of the electronic device is required; and increasing a fan speed to a speed associated with the updated noise threshold if increased thermal dissipation is required.",
(Claim 19) "… detecting, with the position detection system, an actual position of a user with respect to the fan; identifying an expected position of the user with respect to the electronic device, wherein the expected position of the user is determined automatically by the electronic device observing user positions with respect to the electronic device over a usage history with the position detection system; identifying a fan noise threshold associated with the expected position of the user based on determining a fan noise perceived by the user at the expected position of the user with respect to the fan; updating the fan noise threshold based on comparing the actual position of the user to the expected position of the user, including: decreasing the fan noise threshold if the actual position of the user is closer than the expected position of the user; and increasing the fan noise threshold if the actual position of the user is further than the expected position of the user; determining whether increased thermal dissipation of the electronic device is required; and increasing a fan speed to a speed associated with the updated noise threshold if increased thermal dissipation is required.",
in combination with the remaining elements and features of the claimed invention. It is for these reasons that the applicant's invention defines over the prior art of record.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bradicich et al., U.S. Patent Publication No. 2008/0112571 teaches noise control in a room of individual computing systems with one or more fans and in consideration of a user presence .
Atkinson et al., U.S. Patent No. 9,753,508 teaches temperature threshold adjustment of a computing device based on detecting a person.
Cohen et al., U.S. Patent Publication No. 2006/0193113 teaches thermal management of a laptop based on detecting the laptop being on a user lap.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILIO J SAAVEDRA whose telephone number is (571)270-5617. The examiner can normally be reached M-F: 9:30am-5:30pm (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, Robert E Fennema can be reached at (571) 272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILIO J SAAVEDRA/Primary Patent Examiner, Art Unit 2117
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