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 .
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “support” of Claim 19 (disclosed in at least Specification paragraphs [0042], [0049], and [0079] and identified as element 161) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8 line 1 “wherein the body” should read “wherein the translucent body” to properly align with the antecedent basis established in parent claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claim 9 is 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 9 recites the limitation “[…] wherein the base comprises a self-balancing base.” The term “self-balancing” is an indefinite term reliant upon a predetermined orientation of the apparatus within a stationary frame of reference. The claim fails to define an orientation of the apparatus that is considered balanced, an orientation that is considered unbalanced, and said frame of reference. Furthermore, the claim fails to particularly point out and distinctly claim the shape, function, or operation of the base that allows it to return to a balanced state.
For the purposes of examination, “self-balancing” is interpreted to describe any shape, function, or operation that allows the base of the apparatus to maintain a position for a period of time.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 8-10, 12, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yan (CN 219713319 U)1.
Regarding Claim 1: Yan discloses (in at least figures 1-3, the description, and the claims) an insect repellant apparatus (fig.’s 1-2 and par. [n0007]: mosquito-repellant fan camping light), comprising:
a base (fig.1, fig. 3, par. [n0008], and par. [n0022]: base of main body shell 302);
a number of light sources coupled to the base (fig. 3, par. [n0007], and par. [n0021]: LED light sources on PCB light board 2 coupled to main body shell 302. See par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”);
a controller configured to vary a current flow to each light source of the number of light sources (fig. 3, par. [n0007], and par. [n0021]: PCB light board 2. See par. [n0025] “The PCB light board 2 and PCB electronic board 7 are programmable.” See also See par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”, i.e., the PCB light board controls current flow from battery 6 to each LED light source to produce each disclosed power level. );
a translucent body coupled to the base at a first end of the body and shaped to fit around the number of light sources (fig.1, fig. 3, par. [n0021]-[n0022]: transparent lampshade 301 fitted onto one side of the main body shell 302 (first end) surrounding PCB light board 2);
a motor coupled to the body at a second end of the body opposite to the first end of the body and rotatable with respect to the body (fig.1, fig. 3, par.’s [n0021]-[n0022]: DC motor 105 inserted into one side of the fan blade guide post and connected to hub receiving fan blades 101 via magnet 102 and magnet 103. See fig. 3: 105 and 101 connected through hole in 301. Said through hole is on end of 301 (second end) opposite the end that connects to main body shell 302); and
a hub coupled to the motor and comprising a number of openings configured to receive ends of blades (fig. 3: hub receiving fan blades 101 coupled to motor 105 via magnet 102 and magnet 103).
Regarding Claim 7: Yan discloses the apparatus of claim 1, wherein a light source of the number of light sources comprises a light-emitting diode ("LED") (fig. 3, par. [n0007], and par. [n0021]: LED light sources coupled to PCB light board 2. See par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”).
Regarding Claim 8: Yan discloses the apparatus of claim 1, wherein the body has a first width at the first end and a second width at the second end that is less than the first width (fig.’s 2-3: width of transparent lampshade 301 portion (a second end) is less than width main body shell 302 (a first end)).
Regarding Claim 9: Yan discloses the apparatus of claim 1, wherein the base comprises a self-balancing base (fig.1, fig. 3, par. [n0008], and par. [n0022]: base of main body shell 302 is flat, planar face capable of being stably positioned upright on a surface.).
Regarding Claim 10: Yan discloses the apparatus of claim 1, wherein each of the motor and the hub are rotatable with respect to the body about an axis that is substantially perpendicular to the base (fig. 3 and par. [n0021]-[n0022]: motor 105 rotates fan blades 101 along an axis of rotation perpendicular to the base of main body shell 302).
Regarding Claim 12: Yan discloses (in at least figures 1-3, the description, and the claims) a system (fig.’s 1-2 and par. [n0007]: mosquito-repellant fan camping light), comprising:
a base (fig.1, fig. 3, par. [n0008], and par. [n0022]: base of main body shell 302);
a number of light sources coupled to the base (fig. 3, par. [n0007], and par. [n0021]: LED light sources on PCB light board 2 coupled to main body shell 302. See par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”);
a controller configured to vary current flow to each light source of the number of light sources (fig. 3, par. [n0007], and par. [n0021]: PCB light board 2. See par. [n0025] “The PCB light board 2 and PCB electronic board 7 are programmable.” See also See par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”, i.e., the PCB light board controls current flow from battery 6 to each LED light source to produce each disclosed power level.);
a translucent body coupled to the base at a first end of the body and shaped to fit around the number of light sources (fig.1, fig. 3, par. [n0021]-[n0022]: transparent lampshade 301 fitted onto one side of the main body shell 302 (first end) surrounding PCB light board 2);
a motor coupled to the body at a second end of the body opposite to the first end of the body and rotatable with respect to the body (fig.1, fig. 3, par.’s [n0021]-[n0022]: DC motor 105 inserted into one side of the fan blade guide post and connected to hub receiving fan blades 101 via magnet 102 and magnet 103. See fig. 3: 105 and 101 connected through hole in 301. Said through hole is on end of 301 (second end) opposite the end that connects to main body shell 302) about an axis substantially perpendicular to the base (fig. 3 and par. [n0021]-[n0022]: motor 105 rotates fan blades 101 along an axis of rotation perpendicular to the base of main body shell 302);
a hub coupled to the motor and comprising a number of openings (fig. 3: hub receiving fan blades 101 coupled to motor 105 via magnet 102 and magnet 103); and
a number of blades, each blade of the number of blades comprising a first end configured to be removably received by an opening of the number of openings (fig. 3: fan blades 101. See par. [n0015]: “[…] portable fan has a built-in 1200mAh battery, detachable blades, and a magnet connecting the body and blades for attachment.”).
Regarding Claim 18: Yan discloses the system of claim 12, further comprising a handle attached to and configured to rotate about an axis coplanar with and a first side of the base opposite to a second side of the base (fig. 3 and par. [n0021]: hardware hanger/pendant/bracket 303 is rotatably connected to the outer wall of the main body shell 302. See par. [n0022]: “Hardware hanger 303 is easy to hang on a door.” See also par. [n0025]), wherein the number of light sources are coupled to the second side of the base (fig. 3 and par. [n0021]: LED light sources on PCB light board 2 coupled to main body shell 302 opposite the outer wall of 303).
Regarding Claim 19: Yan discloses (in at least figures 1-3, the description, and the claims) a method of manufacturing an insect repellant apparatus (fig.’s 1-2 and par. [n0007]: mosquito-repellant fan camping light), comprising:
coupling a number of light sources (fig. 3, par. [n0007], and par. [n0021]: LED light sources on PCB light board 2 coupled to main body shell 302. See par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”) to a base (fig.1, fig. 3, par. [n0008], and par. [n0022]: base of main body shell 302);
configuring a controller to vary a current flow to each light source of the number of light sources (fig. 3, par. [n0007], and par. [n0021]: PCB light board 2. See par. [n0025] “The PCB light board 2 and PCB electronic board 7 are programmable.” See also See par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”, i.e., the PCB light board controls current flow from battery 6 to each LED light source to produce each disclosed power level.);
coupling a translucent body to the base around the number of light sources at a first end of the translucent body (fig.1, fig. 3, par. [n0021]-[n0022]: transparent lampshade 301 fitted onto one side of the main body shell 302 (first end) surrounding PCB light board 2);
coupling a motor to the body at a second end of the body opposite to the first end of the body (fig.1, fig. 3, par.’s [n0021]-[n0022]: DC motor 105 inserted into one side of the fan blade guide post and connected to hub receiving fan blades 101 via magnet 102 and magnet 103. See fig. 3: 105 and 101 connected through hole in 301. Said through hole is on end of 301 (second end) opposite the end that connects to main body shell 302) such that the motor is rotatable with respect to the body about an axis substantially perpendicular to the base (fig. 3 and par. [n0021]-[n0022]: motor 105 rotates fan blades 101 along an axis of rotation perpendicular to the base of main body shell 302);
forming a number of openings configured to receive ends of blades in a hub; and coupling the hub to the motor (fig. 3: hub receiving fan blades 101 coupled to motor 105 via magnet 102 and magnet 103).
Regarding Claim 20: Yan discloses the method of claim 19, wherein coupling the number of light sources to the base comprises coupling: the number of light sources to a support such that the number of light sources are arranged in rows; and the support to the base (fig. 3, par. [n0007], and par. [n0021]: LED light sources on PCB light board 2 coupled to main body shell 302. See fig. 3: plurality of individual LED light sources can be grouped as individual rows.).
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 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yan as applied to claims 1 above, and further in view of Szeto (US 20160262313 A1).
Regarding Claim 2: Yan discloses the apparatus of claim 1, wherein: the number of light sources comprise rows of light sources (fig. 3, par. [n0007], and par. [n0021]: LED light sources coupled to PCB light board 2. See fig. 3: plurality of individual LED light sources can be grouped as individual rows); and the controller varying the current flow to the number of light sources (par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”)).
Yan does not explicitly disclose providing a first level of current flow to a first row of the rows and providing a second level of current flow different from the first level to a second row of the rows.
Szeto discloses an analogous art (fig.’s 1-2 and par.’s 9-10: insect-repelling light fixture) including a number of light sources comprise rows of light sources (fig. 2 and par. 23: “Multiple LED arrays 30 are mounted to the extruded housing 18 of each light fixture 14. On each LED array 30, the number of blue LEDs 34, red LEDs 32 and white LEDs 36 are generally equal.”); and a controller varying the current flow to the number of light sources comprises providing a first level of current flow to a first row of the rows and providing a second level of current flow different from the first level to a second row of the rows (Par.’s 32-34: “The central controller 50 is used to alter the lighting profiles of the LED arrays 30 at different times for different plants.” See par. 35: “the white LEDS and red LEDS can be lit in various combinations and intensities to repel insects from the area. Different insects are repelled best by different wavelengths of light. During the preparation stage, the wavelength profile of the emitted light is adjusted to repel the most prevalent and/or harmful insects currently in the area.” See also par. 39).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Yan’s controller to provide different levels of current flow to different rows, as taught by Szeto, such that the device can adapt to repel insects in a variety of environments and to emit wavelengths of light that target the most prevalent and/or insects in the area. This allows the device to more effectively repel a target insect and expands its range of usability (Szeto par. 35).
Regarding Claim 3: Yan and Szeto disclose the apparatus of claim 2, and Yan discloses wherein the motor is configured to rotate simultaneously with the number of light sources emitting light (par. [n0021]: “When in use, the battery 6 can power the fan blade 101, DC motor 105, PCB lamp board 2, PCB electronic board 7, atomization switch button 3041, and lamp body switch button 3042.”).
Regarding Claim 4: Yan and Szeto disclose the apparatus of claim 2, and Szeto discloses wherein the controller is further configured to vary the current flow cyclically (Par.’s 32-34: “The central controller 50 is used to alter the lighting profiles of the LED arrays 30 at different times for different plants.” See par. 35: “the white LEDS and red LEDS can be lit in various combinations and intensities to repel insects from the area. Different insects are repelled best by different wavelengths of light. During the preparation stage, the wavelength profile of the emitted light is adjusted to repel the most prevalent and/or harmful insects currently in the area.” I.e., the controller allocates current to different LED rows in different stages according to the cycles of the surrounding environment and presence of a target insect.)
The rationale to combine is the same as for claim 2.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yan as applied to claim 1 above, and further in view of Lim (KR 20200124026 A)2.
Regarding Claim 5: Yan discloses the apparatus of claim 1, wherein the controller is further configured to adjust the hub via the motor (par. [n0021]: “[…] the fan button 3043 facilitate[s] on/off control, and the DC motor 105 drives the fan blade 101 to rotate.”).
Yan does not explicitly disclose wherein the controller explicitly adjusts a rotations per minute ("RPM") of the hub via the motor.
Lim discloses an analogous art (fig.’s 1-4 and par. 9: mosquito-repelling portable electric fan) wherein a controller is further configured to adjust a rotations per minute ("RPM") of the hub via the motor (fig. 1 and par. 9: “a first switch (351) provided at the handle unit (200) to control the operation of the motor; a second switch (352) provided at the handle unit (200) to control the operation speed of the motor in stages;” See par. 41: “[…]the motor that drives the blade to rotate each time the second switch (352) is pressed can be accelerated.” See also par. 42.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the Yan’s controller to, as taught by Lim, be configured to adjust a rotations per minute ("RPM") of the hub via the motor to provide the user with greater control over the device’s operation and power use (Lim par.’s 3, 8-9, and 41-42).
Regarding Claim 6: Yan discloses the apparatus of claim 1, wherein each light source of the number of light sources is configured to emit light having a wavelength (fig. 3, par. [n0007], and par. [n0021]: LED light sources coupled to PCB light board 2. See par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”))
Yan does not disclose wherein the emitted wavelength is explicitly not less than 560 nanometers ("nm") and not greater than 700 nm.
Lim discloses an analogous art (fig.’s 1-4 and par. 9: mosquito-repelling portable electric fan) wherein each light source of the number of light sources is configured to emit light having a wavelength of not less than 560 nanometers ("nm") and not greater than 700 nm (fig. 1 and par. 9: “a plurality of insect repelling light-emitting units (310) that are provided along a rim (111) forming the edge of the safety net (110) (120) and generate light with a wavelength of 600-650 nm.” See also par. 26.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the Yan’s light sources to, as taught by Lim, emit light having a wavelength between 560-700nm to emit light in a range that suppresses insect behavior and prevents insects from approaching, thereby improving the effectiveness of the device in repelling insects from the user’s proximity (Lim par. 26).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yan as applied to claim 1 above, and further in view of Chang (CN 208169171 U)3.
Regarding Claim 11: Yan discloses the apparatus of claim 1, wherein the motor is configured to rotate at an RPM (fig. 3 and par. [n0021]-[n0022]: motor 105 rotates fan blades 101 along an axis of rotation perpendicular to the base of main body shell 302) that repels insects (par. [n0007]).
Yan does not explicitly disclose wherein the RPM is not less than 270 and not greater than 1350.
Chang discloses an analogous art (fig. 1 and par.’s 31-33 : insect repelling fan) wherein a motor is configured to rotate at an RPM not less than 270 and not greater than 1350 (par. 44: active fan drives hood 1 with a maximum rotation of 300 RPM).
It has been held In re Bergen, 49 USPQ 749, 751-52 (CCPA 1941) that an overlapping endpoint of the prior art and claimed range is sufficient to support an obviousness rejection, particularly when there is no showing of criticality of the claimed range. See MPEP 2144.05(I).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the motor of Yan to rotate at an RPM not less than 270 and not greater than 1350, as taught by Chang to effectively expel insects from the area while only using a small amount of power that allows the device to remain environmentally friendly (Chang par.’s 44-45).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yan as applied to claim 12 above, and further in view of Olsen (US 20070251460 A1).
Regarding Claim 13: Yan discloses the system of claim 12, comprising a number of blades (fig.1, fig. 3, par.’s [n0021]-[n0022]: fan blades 101).
Yan does not disclose the blades comprising a coating of holographic material.
Olsen discloses an analogous art (fig. 1 and par. 5: insect repellent apparatus) comprising a coating of holographic material (fig. 1 and par.’s 20-21: reflective material 20 is made from holographic material).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for each blade of the number of blades taught by Yan to comprise a coating of holographic material, as taught by Olsen to visually deter insects thereby allowing the blades to both visually and mechanically repel insects from the area (Olsen par.’s 20-21).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yan as applied to claim 12 above, and further in view of Gargiulo (US 20110083359 A1).
Regarding Claim 14: Yan discloses the system of claim 12, each blade of the number of blades comprising: a first section comprising the first end and a second end (fig.1, fig. 3, par.’s [n0021]-[n0022]: fan blades 101 with first end proximal to hub connecting blades to motor 105 and second end opposite said first end and extending radially outward);
Yan does not disclose a second section removably attachable to the first section at a second end of the first section opposite to the first end.
Gargiulo discloses an analogous art (fig. 7, fig. 9, abstract, par.’s 4-5, and par.’s 16-17: flying pest deterrent device comprising fan 41) comprising a number of blades (fig. 9 and par. 16: blades of portable fan 41 with blades 15 and streamers 25) each blade of the number of blades comprising: a first section (fig. 9 and par. 16: blades 15) comprising the first end (fig. 9: first end of blades 15 proximal to ‘hub’ mounted on portable fan body); and a second section (fig. 9 and par.’s 16-17: streamers 25) removably attachable to the first section at a second end of the first section opposite to the first end (fig. 9 and par. 16: “Streamers 25 are attached to blades 15 by threading the streamers through holes 35. Streamers 25 are secured tight against blades 35 by inserting the streamers through O-ring 28 and then tightening O-ring 28 against blades 35 to form a loop as shown”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the removable attachable second section, as taught by Gargiulo, to be included in the system of Yan thereby allowing the user to temporarily increase the reach of each fan blade as needed and create an overall more erratic motion that more effectively protects an area of greater circumference from insects (Gargiulo par. 16: “portable fan 41 with streamers 25 moving roughly in a horizontal plane can be placed directly over food to prevent flies and other pests from landing on the food.”).
Regarding Claim 15: Yan and Gargiulo disclose the system of claim 14, and Gargiulo discloses wherein the second section is removably attachable to the first section via one or more openings in the first section (fig. 9 and par. 16: “Streamers 25 are attached to blades 15 by threading the streamers through holes 35. Streamers 25 are secured tight against blades 35 by inserting the streamers through O-ring 28 and then tightening O-ring 28 against blades 35 to form a loop as shown”).
The rationale to combine is the same as for claim 14.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yan as applied to claim 12 above, and further in view of JP 7199840 B2 (Hereinafter referred to as JP’840)4.
Regarding Claim 16: Yan discloses the system of claim 12, wherein the controller is further configured to cyclically vary current flow over cycles (par. [n0015]: “[…] using eight LED warm light bulbs with three power levels (low, medium, and high) for energy saving. It also features a fourth power level SOS distress signal light […]”).
Yan does not explicitly disclose wherein the cycles are not less than 0.25 and not greater than 5 seconds in duration.
JP’840 discloses an analogous art (fig.’s 1-2 and par.’s 20-24: flashing insect repellent lighting device 10) wherein a controller is further configured to cyclically vary current flow over cycles not less than 0.25 and not greater than 5 seconds in duration (par.’s 23-24: “the operation unit is provided with operation switches for controlling the blinking cycle (or frequency), lighting time, and lighting off time of each light source 18. When the blinking cycle (or frequency), on time, and off time of each light source 18 are set using the operation unit, a signal corresponding to the set value is generated, and this signal is output to each light source 18 via the circuit unit, controlling the light emission state (blinking state) of each light source 18.” See par. 28: “In order to enhance the insect repellent effect, it is recommended that this device use a flashing light that flashes at a frequency (0.2 Hz to 20 Hz) that can be distinguished by nocturnal moths.” Note: The range of 0.2-20Hz encompasses cycles of 0.05-5 seconds in duration. See also par. 12 and par. 28).
It has been held In re Bergen, 49 USPQ 749, 751-52 (CCPA 1941) that an overlapping endpoint of the prior art and claimed range is sufficient to support an obviousness rejection, particularly when there is no showing of criticality of the claimed range See MPEP 2144.05(I).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the controller of Yan to, as taught by JP’840, be configured to cyclically vary current flow over cycles not less than 0.25 and not greater than 5 seconds in duration thereby allowing the device to effectively repel a target insect without producing an emission pattern that causes discomfort to the user (JP’840 par. 12 and par. 28).
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yan.
Regarding Claim 17: Yan discloses the system of claim 12, wherein the maximum circumference of the hub is less than the maximum circumference of the base (fig.’s 2-3: hub receiving fan blades 101 coupled to motor 105 is shown with a maximum circumference far smaller than the maximum circumference of the base of the main body shell 302.)
Yan does not disclose wherein a ratio of a maximum circumference of the hub to a maximum circumference of the base is between 1 to 70 and 1 to 100.
However, it is has been held In Gardner v. TEC Syst., Inc., 220 USPQ 777 (Fed. Cir. 1984) that a claimed device is not patentably distinct from a prior art device where the only difference between the prior art and the claims was a recitation of relative dimensions, and the device having the claimed relative dimensions would not perform differently than the prior art device. It has further been held in In re Dailey 149 USPQ 47 (CCPA 1966) that changes in shape are generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A-B)
Therefore, it would have been obvious to one of ordinary skill in the art for ratio of a maximum circumference of the hub to a maximum circumference of the base is between 1 to 70 and 1 to 100 in Yan’s device, such that the device is able to remain upright and balanced in a fixed position while the hub, motor, and fan elements are in operation (par. [n0021]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Li (CN 209944177 U) discloses the apparatus, system, and method according to claims 1, 3 7, 9, 10, 12, and 19-20 in their entirety as well as certain limitations of claims 2 and 8.
Luo (EP 4176716 A1) discloses the apparatus, system, and method according to certain limitations of claims 1, 3, 5, 7-9, 10, and 12-13.
Smith (US D654979 S) discloses the apparatus, system, and method according to certain limitations of claims 1, 3, 5, 7-9, 10, and 12.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN MANCINI whose telephone number is (703)756-5796. The examiner can normally be reached Mon-Fri 8AM-5PM.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 2/9/26
1 Citations made to attached translation of description.
2 Citations made to attached translation of description.
3 Citations made to attached translation of description.
4 Citations made to attached translation of description.