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 .
Preliminary Amendment
Acknowledgement is hereby made to the Preliminary Amendment filed 1 December 2023. Claims 1-10 are pending in the application. Claims 1-10 have been amended.
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 1 and 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neugebauer (German Patent Application Publication No. DE 2532436)1.
Regarding claim 1, Neugebauer discloses a fan cover for protection of an impeller 11 (FIG.’s 1-5, Abstract), said impeller 11 arranged to rotate about a rotation axis x producing a consequent fluid flow (as shown), said fan cover comprising:
a protection wall 10 (FIG. 1, Mach. Trans. ‘MT’ para. 0009) defining an inner volume (shown) arranged, in use, to house said impeller 11, said protection wall 10 comprising a front face (shown) and a lateral face (shown);
an indicator 12, 13, 14 (MT para.’s 0009-0011, formed by tongue 12, associated support housing 14 and axle 13) comprising a planar portion 12 (Id., tongue 12) having a first face (shown as one side of tongue 12) and a second face (other side of tongue 12);
said fan cover 10 characterized in that wherein said protection wall 10 comprises at least one through hole (shown for bearing/support housing 14, 17) located on said front face (shown) or on said lateral face, and in that said indicator 12, 13, 14 is arranged, in use, at said through hole (as shown) with said planar portion 12 at least partially within said inner volume (shown), in such a way that, when said impeller 11 rotates in a first direction, said fluid flow generates a pressure on said first face moving said indicator 12, 13, 14 in a first position and, when said impeller 11 rotates in a second direction, said fluid flow generates a pressure on said second face (shown) moving said indicator 12, 13, 14 in a second position (MT para.’s 0013 & 0014, as described, tongue 12 in out of contact position with impeller 11 when the impeller is driven in normal direction, and when impeller rotates incorrectly, the tongue moves to other position against stop 15 that protrudes between blades of the impeller 11 and produces a rattling noise, __interpreted as meeting the claim as currently presented under the broadest reasonable interpretation of the terms).
Re. claim 4, Neugebauer further discloses said indicator 12 is, in use, arranged to rotate with respect to said protection wall 10 to move to said first position or to said second position (FIG. 1, as shown).
Re. claim 5, Neugebauer further discloses said indicator 12 is, in use, arranged to translate with respect to said protection wall 10 to move to said first position or to said second position (motion of tongue 12 interpretable as either rotation or translation broadly).
Re. claim 6, Neugebauer further discloses said indicator 12, 13, 14 is removably inserted in said through hole (as shown, parts 12, 13, 14 insertable in housing wall as separate components).
Re. claim 7, Neugebauer further discloses a locking means 15, 18 (FIG. 1, MT para. 0011, stop parts 15, 18 interpreted as equivalent to disclosed locking means) is provided arranged to prevent the rotation of said indicator 12, 13, 14.
Re. claim 8, Neugebauer further discloses said locking means comprises a plug 15, 18 (FIG. 3, stops 15, 18 and surrounding structure interpreted as forming a plug) configured to be inserted in said through hole (shown) to prevent said indicator 12, 13, 14 from escaping from said through hole (shown), said plug 15, 18 being suitably shaped to prevent the rotation of said indicator (according to normal operation, stops prevent movement of tongue 12, see MT para. 0013).
Re. claim 9, Neugebauer further discloses said first face (one side of tongue 12) is visually distinguished from said second face (other side of tongue 12, meeting claim broadly since a viewing perspective has not been defined).
Re. claim 10. Neugebauer discloses a motor pump arranged to increase the pressure of a fluid (FIG.’s 1-5, Abstract), said motor pump [comprising:
an impeller 11 (FIG. 1, MT para. 0009) arranged to rotate about a rotation axis x to generate a fluid flow (normal operation of fan wheel 11);
an electric motor (Abstract, pump motor) arranged to rotate said impeller 11 about said rotation axis x;
a fan cover 10 (MT para. 0009) according to claim 1 (as set forth in the rejection of claim 1, supra.)
Allowable Subject Matter
Claims 2 and 3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claims 2 and 3, the prior art of record either alone or in combination does not teach or fairly suggest the fan cover of claim 1 with the indicator features recited in either claims 2 or 3 wherein the indicator or indicator portion is visible or shown outside of the protection wall indicating rotation direction in the manner claimed.
Modifying Neugebauer in the manner claimed would not be reasonably foreseeable because it is designed to produce an audible indication (MT para. 0014).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH J HANSEN whose telephone number is (571)272-6780. The examiner can normally be reached Monday Friday 7:00 AM to 4:00 PM (MT).
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/KENNETH J HANSEN/Primary Examiner, Art Unit 3746
1 Cited on the IDS filed 30 November 2023.