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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 6, 12 and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
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 15 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 15 depends from canceled claim 14, rendering claim 15 indefinite. For purposes of examination, claim 15 is interpreted as depending from claim 12.
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.
Claim(s) 6-8, 12, 15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPAP 2020/0032815 (Paris ‘815 hereinafter) in view of USPAP 2019/0041057 (Paras hereinafter).
With regard to claim 6, Paris ‘815 discloses a torso aerator (100) comprising:
a cylinder (200) having two ends and a wall between said ends, said cylinder (200) having a length;
two covers (204), each cover (204) fitting into one of said ends, each cover (204) having a plurality of apertures (206);
a fan assembly (301) installing in said wall generally centered between said ends, said fan assembly (301) drawing air into said cylinder (200) through said plurality of apertures (206);
at least one padding (207) joined to said wall wherein said at least one padding (207) prevents rotation of said cylinder (200) during usage and wherein said at least one padding (207) allows for aiming of said fan assembly (301) during usage; and
said fan assembly (301) exhausting air from said aerator, wherein said torso aerator (100) is adapted to dry and to ventilate a surface of a person having a body utilizing said torso aerator (100) proximate the body of the person;
each cover (204) being round.
It is well settled that it is possible for functional language to define structure, but that where no distinguishing structure has been defined, the claim is not patentable and is fully met by the reference. See In re Swinehart, 169 USPQ 226. See also General Electric v. United States, 198 USPQ 73 which further reinforced the concept that functional language which defines no structure cannot distinguish over the prior art.
Paris ‘815 does not disclose each of said plurality of apertures having an edge condition within said cover; and
said edge condition being one of parabolic and ogee.
Paras discloses air passages (inlets (30) and outlets (32)) within a cover (6, 8, 10, 12) and having an edge condition, wherein said edge condition is an ogee (38).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus of Paris ‘815 by providing that said plurality of apertures have an edge condition within said cover and said edge condition being an ogee as taught in Paras for the purposes of reducing injury to an end user (paragraph [0049] of Paras).
With regard to claim 7, the Paris ‘815 modification with regard to claim 6 discloses the torso aerator of claim 6 wherein said fan assembly exhausts air away from said wall.
With regard to claim 8, the Paris ‘815 modification with regard to claim 6 discloses the torso aerator (100) of claim 1 wherein said fan assembly (301) operates from 0.02 cubic feet per minute to 190 cubic feet per minute.
It is well settled that it is possible for functional language to define structure, but that where no distinguishing structure has been defined, the claim is not patentable and is fully met by the reference. See In re Swinehart, 169 USPQ 226. See also General Electric v. United States, 198 USPQ 73 which further reinforced the concept that functional language which defines no structure cannot distinguish over the prior art.
With regard to claim 12, the Paris ‘815 modification with regard to claim 6 discloses a torso aerator (100) comprising:
a fan assembly (301) exhausting air out of said torso aerator (100), wherein said torso aerator (100) is adapted to dry and to ventilate a surface of a person having a body utilizing said torso aerator (100) proximate the body of the person;
said fan assembly (301) installed in a wall, said wall curving into a cylinder (200);
said cylinder (200) having two ends and a length, and said wall extending between said ends;
two covers (204), each cover (204) fitting into one of said ends, each cover (204) having a plurality of apertures (206);
said plurality of apertures (206) admitting air into said cylinder (200) drawn by said fan assembly (301);
at least one padding (207) joined to said wall wherein said at least one padding (207) prevents rotation of said cylinder (200) during usage and wherein said at least one padding (207) allows for aiming of said fan assembly (301) during usage;
said covers (204) being mutually parallel and spaced apart;
said fan assembly (301) having a centered position between said ends;
each cover (204) being round;
each of said plurality of apertures (206) having an edge condition within said cover (204);
said edge condition being an ogee; and
said fan assembly (301) exhausting air out of said wall.
With regard to claim 15, insofar as claim 15 is definite, the Paris ‘815 modification with regard to claim 6 discloses the torso aerator (100) of claim 14, further comprising:
said fan assembly (301) including an impeller (302), a motor (303) operatively engaging said impeller (302), an actuator (307) operatively engaging said motor (303), and a housing containing said impeller (302) and said motor (303);
two of said paddings (207);
said fan assembly (301) positioned upon said wall spaced away from one of said paddings (207) and said one of said paddings (207) is adapted to prevent said fan assembly (301) rotating said cylinder (200); and
the other of said paddings (207) spacing away from the one of said paddings (207).
With regard to claim 19, the Paris ‘815 modification with regard to claim 6 discloses a torso aerator (100) comprising:
a cylinder (200) having two round ends and a wall between said ends, said cylinder (200) having a length;
two round covers (204), each cover (204) fitting into one of said ends, each cover (204) having a plurality of apertures (206);
a fan assembly (301) installing in said wall generally centered between said ends, said fan assembly (301) drawing air into said cylinder (200) through said plurality of apertures (206);
two paddings (207) joined to said wall wherein said paddings (207) prevents rotation of said cylinder (200) during usage and wherein said paddings (207) allow for aiming of said fan assembly (301) during usage;
said fan assembly (301) exhausting air out of said aerator, wherein said torso aerator (100) is adapted to dry and to ventilate a surface of a person having a body utilizing said torso aerator (100) proximate the body of the person;
said fan assembly (301) positioned upon said wall near one of said paddings (207) wherein said fan assembly (301) is adapted to exhaust air out of said wall to a desired location and is adapted to prevent said fan assembly (301) rotating said cylinder (200);
wherein the other of said paddings (207) is positioned upon said wall and spaced away from the one of said paddings (207);
each of said plurality of apertures (206) having an edge condition within said cover (204); and
said edge condition being an ogee.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2007/140432 discloses air passages with an ogee shape.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R EASTMAN whose telephone number is (571)270-3132. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin C. Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON R EASTMAN/Primary Examiner, Art Unit 3673