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 § 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.
Claims 33 and 36-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saur et al. (DE 1020122186041, see previously provided machine translation).
Regarding claims 33 and 37-39, Saur discloses a stackable fan comprising:
a base (10a) including first and second contact surfaces (14a, 14a; e.g., the surfaces that cooperatively define the coupling units 14a on each side of the case) positioned in a first plane (e.g., at least the bottom/lower surfaces of the coupling units are co-planar) and configured for alignment with a container (20a) and an engagement mechanism (42a) configured to secure at least one of the first and second contact surfaces (e.g., at least one of the engagement hooks 42a in the coupling units 14a cooperate with complementary connectors, see middle of ¶0020) against the container (20a); and
a fan assembly (22a) pivotably coupled (at 38a) to the base (10a), the fan assembly having a fan screen (62a) positioned in a second plane (e.g., when the fan sits within recess 36a as shown in Fig. 2), wherein the fan assembly (22a) is movable between a first orientation (see Fig. 2) in which the first plane is aligned with the second plane (e.g., are aligned in parallel), and a second orientation (see Fig. 1) in which the first plane is misaligned/perpendicular with the second plane.
Regarding claim 36, Saur further discloses that the first and second contact surfaces (14a/14a) are substantially the same and therefore read upon being substantially equal in area.
Regarding claim 40, Saur further discloses that the base (10a) includes a side surface that is substantially perpendicular to the first and second contact surfaces, and wherein a handle (50a) is positioned on the side surface (see Fig. 1).
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 of this title, 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 21-30, 32, 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Saur in view of Baruch et al. (US 2020/0298392).
Regarding claims 21-26, 28, and 34-35, Saur discloses a stackable fan comprising:
a base (10a) having a pair of coupling units (14a) spaced across the bottom/disposed thereon, wherein both a first stackable surface (e.g., the bottom surface, see Fig. 1) and a second stackable surface (e.g., the top surface) of the base is configured to abut a container (20a), and the stackable fan is configured to abuttingly connect with the container via at least one of the coupling units (14a/16a; see ¶0020); and
a fan assembly (22a) positioned on the base (10a), the fan assembly including a fan screen (62a), wherein the fan assembly is configured to pivot (at 38a) between a first position (see Fig. 2) in which the fan screen is substantially parallel relative to the stackable surface of the base and a second position (see Fig. 1) in which the fan screen is non-parallel/perpendicular relative to the stackable surface of the base.
While Saur discloses at ¶0020 that the fan case (10) uses its upper (16a) and lower (14a) connectors to couple to additional units/modules, it does not explicitly recite that the coupling units comprise a step and latch configuration.
Baruch teaches another container system having stackable modules (see e.g., Fig. 12) where each of the stackable modules includes an upper latch (14) and a lower step (50) that are configured to engage each other to couple the two modules together.
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present application to have modified the stackable fan of Saur to have each module of the stackable assembly to have complementary latches and steps on their tops and bottoms as taught by Baruch to arrive at the claimed device with a reasonable expectation of success. A person of ordinary skill in the art would have been motivated to combine them at least because doing so constitutes a simple substitution of one known element (a spring biased upper latch and fixed bottom foot/step) for another (a generic paired upper and lower connector) to obtain predictable results (e.g., a container system that allows for all of its modules to be interconnected together).
Regarding claim 27, Saur discloses that the fan screen (62a) is positioned below the stackable surface when the fan assembly is in the first position (see Fig. 2 and ¶0024 describing how the fan and its housing 54a are arranged in the case’s recess 36a).
Regarding claim 29, Saur further discloses that the base (28a) including battery terminals (24a), wherein a battery pack (26a) may be secured on said base (at 32a) and connected to said terminals to power said fan blade (see ¶0022).
Regarding claim 30, Saur further discloses that the base (28a) including an AC plug (e.g., power input, see ¶0004), said AC plug connectable to an AC cord to both provide power to said fan and to charge the battery pack when the battery pack is connected to said terminals.
Regarding claim 32, Saur further discloses that the base (10a) includes a side surface that is substantially perpendicular to the stackable surface (bottom), and wherein a handle (50a) is positioned on the side surface.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Saur in view of Baruch as applied to claim 21 above, and further in view of Spaulding et al. (US 2022/0290690).
Regarding claim 31, Saur does not disclose a hook pivotally attached to the base.
Spaulding teaches another work-site fan assembly (300; see Fig. 10) including a base (304) having a hook (316/346) pivotally attached thereto, the hook being configured to hang the fan from a support (see ¶0083 and Fig. 10).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present application to have modified the fan assembly of the Saur combination to include a hook as taught by Spaulding to arrive at the claimed device with a reasonable expectation of success. A person of ordinary skill in the art would have been motivated to combine them at least because doing so constitutes applying a known technique (e.g., providing additional couplers to increase the number of potential mounting options) to known devices (e.g., fans) ready for improvement to yield predictable results (e.g., a fan that can be used in different positions/locations).
Response to Arguments
Applicant's arguments filed March 12, 2026 have been fully considered but they are not persuasive. The applicant has cancelled all the previously rejected claims and added a new claim set without pointing out the patentable novelty which they think the claims present in view of the state of the art disclosed by the references cited. Further, the applicant did not show how the amendments/new claims avoid such references.
Conclusion
THIS ACTION IS MADE FINAL. 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 STEVE CLEMMONS whose telephone number is (313)446-4842. The examiner can normally be reached on 8-4:30 EST Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J Allen Shriver can be reached on 303-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVE CLEMMONS/ Primary Examiner, Art Unit 3618
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