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 .
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, “each of a plurality of the openings on each of the side walls have different areas” of claim 11 must be shown or the feature(s) canceled from the claim(s). It is unclear where in the drawings there are openings “on each of the side walls”, as openings #131 appear to be formed by a space between adjacent wall elements that form cavities #13, but there do not appear to be any openings “on each of the side walls” as claimed. 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 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.
Claims 11-15, 17-18 and 26 are 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.
Regarding claims 11 and 26, claim 11 requires wherein “each of the silencing cavity cavities comprise an opening facing the silencing channel; the silencing device comprises a plurality of side walls enclosing the silencing channel, and a plurality of the openings on each of the side walls have different areas;” and claim 26 similarly requires “wherein the silencing device comprises a plurality of side walls enclosing the silencing channel, and a plurality of the openings on each of the side walls have different areas,” both of which are indefinite.
It is unclear from the disclosure where there are openings “on each of the side walls”, as openings #131 appear to be formed by a space between adjacent wall elements that form cavities #13, but there do not appear to be any openings “on each of the side walls” as claimed. Additionally, it is not even clear what the sidewalls are as they are not labeled in the drawings. Are the sidewalls the unlabeled interior grid of walls that form cavity spaces, or are the side walls that outer walls of silencing body #11, both of which enclose the silencing channel as claimed, while neither includes “a plurality of the openings on each of the side walls having different areas,” as claimed. Applicant should clarify or amend the claims do properly claim the openings #13, as well as make clear which components of the disclosure show side walls as claimed.
Claim 13 recites the limitation "a plurality of the openings on each of the side walls have different areas " in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
Claim 26 recites the limitation "a plurality of the openings on each of the side walls have different areas " in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 11-17, 19 and 21-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (CN 109708388 A – see translation provided by Examiner on 9/2/25).
With respect to claim 11, Chen teaches an air duct assembly (Figures 1-5), comprising an air flow passage (defined by air flow passage flowing from inlet #231, through fan #10, channel #60 and out through outlet #232 – [0048]), wherein the air duct assembly further comprises a silencing device (defined by receiving space #220 and silencing assembly #20 within receiving space #220 and including enclosing wall 230 forming one of walls of silencing device) provided on the air flow passage, the silencing device comprises a silencing body (defined by outer walls of #210/230 forming receiving space #220 for silencing assembly #20), a silencing channel (60) penetrating through the silencing body and a plurality of silencing cavities (23/26) arranged in the silencing body, the silencing channel (60) is communicated with the air flow passage, and each of the silencing cavity cavities (23/26) comprise an opening (unlabeled openings into cavities #23/26 are clearly seen, and openings could be referring to the entire opening/cavity #23/26 depth #L, or the opening space at the upstream end of the cavities #23/26 extending between two adjacent sidewalls #22/25) facing the silencing channel (60); the silencing device comprises a plurality of side walls (22/25) enclosing the silencing channel (60), and a plurality of the openings on each of the side walls have different areas (note that that the different sized cavities have different areas, and the upstream end opening formed by two adjacent sidewalls #22/25 will have different areas depending on the angle between the two adjacent sidewalls #22/25 at the opening).
With respect to claim 22, Chen teaches an air duct assembly (Figures 1-5), comprising an air flow passage (defined by air flow passage flowing from inlet #231, through fan #10, channel #60 and out through outlet #232 – [0048]), wherein the air duct assembly further comprises a silencing device (defined by receiving space #220 and silencing assembly #20 within receiving space #220 and including enclosing wall 230 forming one of walls of silencing device) provided on the air flow passage, the silencing device comprises a silencing body (defined by outer walls of #210/230 forming receiving space #220 for silencing assembly #20), a silencing channel (60) penetrating through the silencing body and a plurality of silencing cavities (23/26) arranged in the silencing body, the silencing channel (60) is communicated with the air flow passage, and each of the silencing cavity cavities (23/26) comprise an opening (unlabeled openings into cavities #23/26 are clearly seen, and openings could be referring to the entire opening/cavity #23/26 depth #L, or the opening space at the upstream end of the cavities #23/26 extending between two adjacent sidewalls #22/25) facing the silencing channel (60); the silencing channel (60) comprises ports (231/232) formed on two sides of the silencing body (defined by outer walls of #210/230 forming receiving space #220 for silencing assembly #20), and the air duct assembly further comprises a protective net (note that Figure 5 depicts a net-like structure on at least port #232) provided on at least one of the ports (232).
With respect to claims 12 and 23, Chen teaches wherein the air flow passage (defined by air flow passage flowing from inlet #231, through fan #10, channel #60 and out through outlet #232 – [0048]) comprises an air inlet (231), an air duct (defined by any or all of the passage between inlet #231 and outlet #232) and an air outlet (232), and the silencing device (defined by receiving space #220 and silencing assembly #20 within receiving space #220 and including enclosing wall 230 forming one of walls of silencing device) is provided at the air inlet, and/or in the air duct (defined by any or all of the passage between inlet #231 and outlet #232), and/or at the air outlet.
With respect to claims 13 and 24, Chen teaches wherein an upstream position (position adjacent inlet #231) and a downstream position (position adjacent outlet #232) of the silencing device (defined by receiving space #220 and silencing assembly #20 within receiving space #220 and including enclosing wall 230 forming one of walls of silencing device) are formed along an air circulation direction, and parts of the air flow passage upstream and downstream of the silencing device are communicated only through the silencing channel (60).
With respect to claims 14 and 25, Chen teaches an air duct bottom plate (defined by floor of receiving space #220 in Figure 5) and an air duct cover plate (defined by upper-most wall defining receiving space #220), wherein the air duct (defined by any or all of the passage between inlet #231 and outlet #232, including within portions of channel #60) is formed between the air duct bottom plate and the air duct cover plate, and a cross sectional area of the air duct is gradually increased (seen in Figure 6) in a direction from the air inlet (231) towards the air duct. Note Figure 6 shows a gradual cross-sectional increase from an area adjacent the right-most end of #300 toward the left most end, which gradual increase is occurring in a direction (right to left direction in Figure 6) from the air inlet (231) towards the air duct (defined by any or all of the passage between inlet #231 and outlet #232, including within portions of channel #60)
With respect to claim 15, Chen teaches wherein the silencing channel (60) comprises ports (231/232) formed on two sides of the silencing body (defined by outer walls of #210/230 forming receiving space #220 for silencing assembly #20), and the air duct assembly further comprises a protective net (note that Figure 5 depicts a net-like structure on at least port #232) provided on at least one of the ports (232).
With respect to claims 17 and 27, Chen teaches wherein at least two of the silencing cavities (23/26) have different volumes (clearly seen in Figure 4, note different heights #L, which define different volumes).
With respect to claim 21, Chen teaches wherein the silencing device (defined by receiving space #220 and silencing assembly #20 within receiving space #220 and including enclosing wall 230 forming one of walls of silencing device) is configured to have a cubic structure, and the silencing channel (60) penetrates through the silencing body (defined by outer walls of #210/230 forming receiving space #220 for silencing assembly #20) in a direction from the air inlet (231) to the air duct (defined by any or all of the passage between inlet #231 and outlet #232).
With respect to claim 26, Chen teaches the silencing device comprises a plurality of side walls (22/25) enclosing the silencing channel (60), and a plurality of the openings on each of the side walls have different areas (note that that the different sized cavities have different areas, and the upstream end opening formed by two adjacent sidewalls #22/25 will have different areas depending on the angle between the two adjacent sidewalls #22/25 at the opening).
Claims 11 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun (CN 209875570 U – see translation provided by Examiner on 9/2/25).
With respect to claim 11, Sun teaches an air duct assembly (Figures 4 and 6-7), comprising an air flow passage (defined by air flow passage flowing from inlet #23 and out through smoke hole outlet #24), wherein the air duct assembly further comprises a silencing device (1, best seen in Figures 1-3) provided on the air flow passage, the silencing device comprises a silencing body (11/12/13 – [0031]), a silencing channel (113) penetrating through the silencing body and a plurality of silencing cavities (15/151- note various sized cavities separated by walls #16/17/18) arranged in the silencing body, the silencing channel (113) is communicated with the air flow passage, and each of the silencing cavity cavities comprise an opening (openings clearly seen in Figure 1 between various side walls #16/17/18) facing the silencing channel (113); the silencing device comprises a plurality of side walls (16/17/18) enclosing the silencing channel (113), and a plurality of the openings on each of the side walls (16/17/18) have different areas (note that that the different sized cavities have different areas as seen in Figure 1)
With respect to claim 17, Sun teaches wherein at least two of the silencing cavities (15/151) have different volumes (See #S1 and S2 in Figure 3).
With respect to claim 18, Sun teaches wherein at least some of the silencing cavities (15/151) are provided in a labyrinth shape (clearly see in Figures 2-3).
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 28 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 109708388 A – see translation provided by Examiner on 9/2/25) in view of Sun (CN 209875570 U – see translation provided by Examiner on 9/2/25).
With respect to claim 28, Chen teaches the air duct assembly of claim 22. Chen further teaches silencing cavities (23/26).
Chen fails to teach wherein at least some of the silencing cavities are provided in a labyrinth shape.
Sun teaches a similar silencing device (1) for an air duct assembly having silencing cavities, wherein it is known to provide wherein at least some of the silencing cavities are provided in a labyrinth shape (clearly see in Figures 2-3, defined by lengths #S1/S2, see translation [0032]), such that the silencing cavities can be formed into sub-silencing chambers having different channel lengths to meet a quarter wavelength of noise of different wavelengths, which can absorb and eliminate noise of different frequency bands (see [0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Chen, with the apparatus of Sun, so as to absorb and eliminate noise of different frequency bands, by providing the labyrinth/sub-silencing chambers having different channel lengths to meet a quarter wavelength of noise of different wavelengths (see Sun translation, [0032]).
Response to Arguments
Applicant's arguments filed 12/1/25 have been fully considered but they are not persuasive. The Examiner still considers Chen and Sun to teach all of the limitations as claimed by Applicant.
Regarding Applicant arguments against claim 11 (previously claim 16), It is unclear what Applicant is arguing, as Applicant has merely stated that “Applicant respectfully submits that Chen (CN 109708388 A) does not disclose at least the feature that "a plurality of the openings on each of the side walls have different areas". Applicant notes that the following rejection of claim 16 is improper as these features recited in claim 16 have not been disclosed by Chen.” Applicant has not clearly communicated any evidence or argument regarding this rejection; therefore, this argument is unpersuasive.
Regarding claim 15 and new claim 22, the Examiner notes that the above rejection includes a different interpretation of the claimed silencing device and silencing body, rendering Applicant’s argument moot with respect to the previous rejection.
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 JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837
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