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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/26/25 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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.
Claims 1-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Amended claim 1 recites “each electric component comprising a single universal connector integral with the electric component”. This is not disclosed in the application as filed and constitutes new matter. The application as filed makes no mention of the universal connector being integral with the electric component. Further the connectors (8) shown in the figures, such as in figures 1a and 5, show connectors attached to what appears to be separate U-shaped brackets attached to the electric components, and not connectors integral with the electric components.
Claim 13 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. The scope of claim 13 is unclear. Claim 13 recites a “Kit of parts comprising the expandable assembly according to claim 1” which includes at least two portable electric components. Claim 13 further recites “and at least one electric component of the expandable assembly according to claim 1”. It is unclear if this is meant to reference one of the at least two portable electric components already included as a part of the expandable assembly according to claim 1, or if this is meant to reference an additional electric component.
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(s) 1-3,5-8,10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Uberholz(DE202012012509).
[claim 1] Uberholz teaches an expandable assembly(fig 9) configured for attaching to one of a wall or ceiling(para[0042]), comprising a base element(12), the base element comprising at least two universal receiving elements(paired 22a,22b), at least two portable electric components(13,V,R,S, fig9-12) selected from a lamp(13,S), a fan(V), a speaker, a light reflector, a toy, a heater and combinations thereof, each electric component comprising a single universal connector(21) wherein the at least two electric components and at least one universal receiving element of the base element are electrically removably connected to one and another and are removably fixed to one and another by the universal receiving element and the single universal connector, such that the single universal connector of any of the at least two portable electric components is configured to be plugged into any of the at least two universal receiving elements thereby securing the portable electric component into the universal receiving element of the base element, wherein the universal connector of each portable electric component directly engages the universal receiving element without intermediate mounting hardware, wherein at least one of the at least one universal receiving element and universal connector is selected from a bayonet mount, a screw mount and a plug mount(fig 14-14b). Uberholz however may not teach that the universal connector is integral with the electric component, rather Uberholz appears to show the electric component connected to the universal connector. It would have been obvious to one of ordinary skill in the art as of the effective filing date to make the electric component and universal connector integral, since making in one piece what was formerly formed as two pieces is generally considered to be within the skill level or a worker in the art.
[claim 2] wherein the mount contains a positive and negative electrical contact(41K1, 41K2).
[claim 3] wherein at least one electric component and at least one universal receiving element of the base element are configured to be removably connected such that digital data contact between the at least one electric component and at least one universal receiving element of the base element is established(para[0039]).
[claim 5] wherein all receiving elements are identical to one and another(fig 8), such that the at least one electric component is interchangeable from one receiving element to the other.
[claim 6] further comprising at least one controller(actuator 41b) for controlling at least one of movement of the fan(actuator 41b controls operation, i.e. movement, of the fan, air displacement of the fan, direction of the lamp, a volume of the speaker, a sound direction of the speaker, an audio source of the speaker, movement of the light reflector and movement of the toy.
[claim 7] Uberholz teaches an assembly as detailed above wherein the at least one controller comprises an on/off switch(41b). Uberholz however may not teach that the controller is addressable by using at least one of a wireless communication selected from Bluetooth, NF, NFC, Wi-Fi and IR-radiation. The use of wireless communications for controllers is well known in the art, with Bluetooth, NF, NFC, Wi-Fi and IR-radiation all being known ways of remotely controlling devices. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use wireless communications to control the controller of Uberholz, as this would merely be using known elements for their known functions, and provide a means for remotely operating the controller.
[claim 8] Uberholz teaches an assembly as detailed above, however Uberholz may not teach the use of a lamp dimmer provided in the base element or lamp. The use of dimmers as a means to control the brightness of lights is well known in the art, it would have been obvious to one ordinary skill in the art as of the effective filing date to use a lamp dimmer with the assembly of Uberholz as this would provide a means for controlling the brightness of the lamp.
[claim 10] Uberholz teaches an assembly as detailed above, wherein the base element is substantially flat(fig 9-13) and wherein the base element comprises metal(at least in electrical contacts L1, L2 of the base element would be metal), wherein the base element is configured for attaching to a wall(para[0042]). Uberholz however may not provide dimensions for the base element, or that the base element is 2-10 cm thick, 10-40 cm wide and 20-60 cm deep. It would have been obvious to one of ordinary skill in the art as of the effective filing date to make the base element any suitable size, such as 2-10 cm thick, 10-40 cm wide and 20-60 cm deep, as a matter of simple design choice, as without undue experimentation, one of ordinary skill in the art as of the effective filing date would be able to make the base element any size for their intended purposes.
[claim 13] Uberholz further teaches a kit of parts comprising the expandable assembly according to claim 1, as detailed above, and at least one electric component of the expandable assembly of claim 1, as detailed above, wherein the at least one electric component each individually comprises a physical and electrical connector(21) adapted to fit in the at least one universal receiving elements(fig 14-14b) wherein all connectors are the same.
Claim(s) 4, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Uberholz as applied to claim 1 above, and further in view of Berkman et al(US8763750).
[claim 4] Uberholz teaches an assembly as detailed above, however Uberholz may not teach that the base element comprises an AC connector, and an AC to DC converter, wherein the DC voltage is from 1.5-48 V. Berkman teaches a similar assembly which uses a AC connector(411) and an AC to DC converter(411c) wherein the DC voltage is from 1.5-48 V(5V, see C8 L60-61). It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the AC connector and AC to DC converter or Berkman with the assembly of Uberholz, as this would allow the assembly to use a conventional AC power supply to provide power to DC powered components, as taught by Berkman.
[claim 11] Uberholz teaches an assembly as detailed above, and further teaches a separate fan(V) with a ventilator providing air flow for ventilation of a space, and light source(13, S) providing visible light. Uberholz however may not teach where at least one of the portable electric components comprises a combined fan and light source with light source being located centrally in the air flow path of the ventilator. Berkman teaches a similar assembly with a combined fan and light source(figs 4a-4c) with the light source located centrally in the air flow path of a ventilator. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use a combined fan and light source, such as taught by Berkman, as this would allow a user of the assembly of Uberholz to combine the utility of the fan and light source disclosed into a single electric component, potentially increasing the number of components that could be attached to the base element.
[claim 12] when arranged as above, wherein the light source provides light in a direction of the air flow(fig 4c), wherein the light source is at least one LED(407b), wherein the fan is adapted to be mounting in one of horizontally and vertically, and wherein the light source is provided in the proximity of an exit of the air flow path(fig 4C) and wherein the ventilator(106) is provided in a proximity of an entry of the air flow path, wherein the light source blocks no more than 36% of the air-flow path(as seen in fig 4B, the light source blocks a small portion of the air flow path, less than 36%), wherein the ventilator has an air flow path with a cross section selected form circular(fig 4B), triangular, square, rectangular, hexagonal, octagonal, ellipsoid, and combinations thereof, wherein the light source provides light in a wavelength range of 400-800nm(i.e. within the visible light spectrum), wherein the ventilator has an air flow of > 0.1 CM/M and wherein the ventilator has an air flow of < 25 CM/M(C7 L41-43, air flow of 1.4-4.2 CM/M), wherein the ventilator comprises a hollow duct(102a) for passing the air flow wherein the duct provides a straight air flow path, wherein the light source is provided in an area between 50% of the distance between the ventilator and the exit of the air flow path(as seen in fig 1c and 4b, the light source is located proximate the exit of the air flow path). Uberholz and Berkman however do not detail the wattage of the light, or that it is between 1-100 W. It would have been obvious to one of ordinary skill in the art as of the effective filing date to select an appropriate light source with the appropriate wattage to provide the desired level of illumination, without undue experimentation, as LED light sources are commonly used within the range of 1-100 watts.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Uberholz as applied to claim 1 above, and further in view of Booth et al(US11448386).
[claim 9] Uberholz teaches an assembly as detailed above, however Uberholz may not teach at least one actuator selected from an oscillation driver and an electromotor, wherein the at least one actuator is adapted to rotate at least one electric element around a rotational axis extending from the base element, wherein a first actuator is for horizontal oscillation, wherein the first actuator is located in the base element. The use of actuators to position electrical components is well known, with Booth teaching a similar assembly which uses actuators comprising electromotors(servomotor) including a first actuator for horizontal oscillation(about pan axis in fig 2) wherein the first actuator is located in a base element. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the actuators of Booth with the assembly of Uberholz, as this would provide a means for controlling the movement of the attached electric components, as taught by Booth.
Response to Arguments
Applicant's arguments filed 11/26/25 have been fully considered but they are not persuasive. Applicant argues that Uberholz does not teach connectors that are integral with the electric components. First it is noted that this limitation does not appear in the application as filed and constitutes new matter as detailed above. Further it would have been obvious to one of ordinary skill in the art as of the effective filing date to make the connector integral with the electric component as detailed in the above 103 rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H DUCKWORTH whose telephone number is (571)272-2304. The examiner can normally be reached M-F 9:30-6.
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/BRADLEY DUCKWORTH/Primary Examiner, Art Unit 3632