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 § 112(b)
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 9 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 9 recites:
9. The air cleaner according to claim 7, wherein the second guide surface moves an up and down direction from the central concave space by linkage of the gear and the rack. Emphasis added.
Claim 9 is indefinite because “the gear” and “the rack” lack antecedent basis, as these terms are introduced in claim 8. To overcome this rejection, claim 9 could be amended to read:
9. The air cleaner according to claim 8
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, 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.
Claims 1–7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al., CN 204933080 U in view of Yang, CN 105299862 A.
Regarding claim 1, Sun teaches an air purifier, which reads on the claimed “air cleaner.” See Sun Fig. 1, p. 3. The air purifier comprises:
An “air cleaning module,” which is the structure including protective cover 16, cylindrical tube 17, fan 5, and body 3. See Sun Fig. 2, p. 3. The “air cleaning module,” includes fan 5, as claimed.
A “circulator disposed on an upper side of the air cleaning module,” which is the structure including rotating shaft 8, linkage wheel 15, and outlet fan 18. See Sun Fig. 2, p. 3. The circulator is configured to adjust a direction of air that passes through fan 5, as claimed, as seen by the fluid arrows in in Fig. 2.
An “air discharging guide,” which is the structure formed by cylindrical tube 17 and protective cover 16. See Sun Fig. 2, p. 3. The “air discharging guide” defines an “air flow path” space apart in a radial direction with respect to an axis of the fan 5 to guide the air discharged from the fan 5 upward, as claimed, as seen by the fluid arrows in Fig. 2. The “air discharging guide,” comprises:
The cylindrical tube 17 (the “inner wall”) including an inner circumferential surface having a cylindrical shape, as claimed. See Sun Fig. 2, p. 3.
The protective cover 16 (the “outer wall”) spaced apart from the cylindrical tube 17 in the radial direction and surrounding the cylindrical tube 17 so as to define the air flow path between the protective cover 16 and the cylindrical tube 17, as claimed. See Sun Fig. 2, p. 3.
A “discharging grill disposed in the air flow path,” which is the structure at the top of the cylindrical tube 17, as seen in Fig. 2. The “discharging grill” is extended from the cylindrical tube 17 to the protective cover 16 so as to discharge the air of the air flow path in an upward direction of the air purifier, as claimed, as seen in Fig. 2.
Also, the “circulator,” includes:
An “introduction grill into which air passing through the discharge grill is introduced,” which is the grill immediately below fan 8, as seen in Fig. 2.
A “fan housing provided above the introduction grill,” which is the structure that holds the fan 8 in place, including the structure immediate above the fan 8, as seen in Fig. 2.
The fan 8 reads on the “circulation fan provided within the “fan housing.” See Sun Fig. 2, p. 3.
The “discharge grill” has a concave shape and the “introduction grill” has a convex shape corresponding to each other at facing positions in a vertical direction of the air purifier, as claimed, as seen in Fig. 2.
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Sun differs from claim 1 because it is silent as to a “rotation guide” connected to a center portion of the “introduction grill” and configured to rotate the “circulator,” where the “rotation guide” is disposed to be accommodated in a central concave space defined by the cylindrical tube 17 (the “inner wall”), as claimed.
But Yang teaches an air conditioner comprising a rotatable housing 132 at the top of the air conditioner, where the housing 132 is rotated by a motorized rotation driving device 14 attached to the bottom, central portion of the housing 132. See Yang Figs. 3, 4, p. 3.
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In Sun, the “circulator” (structure at top of air purifier including rotating shaft 7, fan 8, linkage wheel 15) is moved manually. It would have been obvious to attach the motorized rotation driving device 14 of Yang (the “rotation guide”) to the bottom, central portion of the “circulator” to provide an automated mechanism for moving the “circulator.” See MPEP 2144.04, subsection III (automating a manual activity to accomplish the same result establishes a prima facie case of obviousness). With this modification, it also would have been obvious to locate the motorized rotation driving device 14 of Yang in a central concave space defined by the cylindrical tube 17 of Sun (the “inner wall”), as claimed, because the driving device 14 would be attached to the bottom of the “circulator,” (7, 8, 15, 18) and therefore would the space formed by the cylindrical tube 17 would be a suitable location for the driving device 14.
Regarding claim 2, Sun as modified teaches that the “discharge grill,” is disposed to surround the “central concave space,” in a radial direction, as claimed, because the “discharge grill” extends around the perimeter of the cylindrical tube 17, as seen in Fig. 2.
Regarding claim 3, Sun as modified teaches that the “circulator” is provided to be movable up and down by rotation between a “laid out state” (seen in Fig. 2 where the “circulator” is generally horizontal) and an “erected state” (the state where the “circulator” is moved to be angled). See Sun p. 3.
In the “laid out state,” the “introduction grill” is aligned so as to correspond vertically with the “discharge grill,” and is arranged to be received in the “central concave space,” as seen in Fig. 2.
Regarding claim 4, Sun as modified teaches that the center portion of the “introduction grill” is positioned so as to correspond to the central concave space when in the laid-out state of the “circulator,” as claimed, as seen in Fig. 2.
Regarding claim 5, Sun as modified teaches that when the laid-out state, the central concave space is surrounded by both the “introduction grill” and the “discharge grill,” as claimed, as seen in Fig. 2.
Regarding claim 6, Sun as modified teaches that the motorized rotation driving device 14 of Yang (the “rotation guide”) is connected to the center portion of the “introduction grill,” (as explained above) so as to slidingly rotate the “introduction grill” a position between the “laid-out state” and the “erected state,” as the “introduction grill,” will be rotated by arc-shaped rack 143 of the motorized rotation driving device 14 of Yang. See Yang Fig. 3, p. 3.
Regarding claim 7, Sun as modified teaches that the motorized rotation driving device 14 of Yang (the “rotation guide”) includes motor 141 (the “guide main body”) supporting gear 142 (the “first guide surface extending roundly in the upward direction”), and an arc-shaped rack 143 (the “vertical rotation guide”), which is rotatably positioned on the on the motor 141, as claimed (as the motor 141 drives gear 142 to rotate the rack 143). See Yang Fig. 1, p. 3. The rack 143 has a bottom surface extending roundly in the upward direction (the “second guide surface”) with the bottom surface of rack 143 corresponding to the gear 142 (as the gear 142 meshes with the bottom surface of the rack 143). Id. The center portion of the “introduction grill” of Sun is coupled with the rack 143 because the rack 143 is attached to the bottom of the “circulator” of Sun to allow it to be actuated.
Regarding claim 10, Sun as modified teaches the limitations of claim 1, as explained above.
Sun as modified differs from claim 10 because it is silent as to the motorized rotation driving device 14 of Yang (the “rotation guide”) including both a first guide that guides a first rotation of the “circulator” clockwise or counterclockwise an da second guide that guides rotation of the circulator up and down.
But Yang illustrates that the air conditioner comprises a rotation device 12 for moving the top portion of the air conditioner clockwise and counterclockwise in addition to the motorized rotation driving device 14, which moves the upper part up and down. See Yang Fig. 3, p. 3.
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It would have been obvious to include the rotation device 12 of Yang (in addition to the motorized rotation device 14) to allow movement of the “circulator” of Sun clockwise and counterclockwise.
With this modification, the rotation device 12 and the motorized rotation device 14 collectively read on the “rotation guide.” The rotation device 12 reads on the “first guide that guides a first rotation of the circulator in a clockwise or counterclockwise direction based on a central axis of the air cleaner.” The motorized rotation device 14 reads on the “second guide that guides a second rotation of the circulator in an up and down direction of the air cleaner.”
Allowable Subject Matter
Claims 8 and 11–13 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. Claim 9 would be allowable if the 35 U.S.C. 112(b) issues are addressed.
Claim 8 requires that the vertical rotation guide further includes a rack provided on the second guide surface and extending along an extending direction of the second guide surface and a gear linked to the rack and positioned on the guide main body.
Sun in view of Yang is similar to claim 8 because it teaches that the rack 143 of Yang (the “vertical rotation guide”) includes teeth (the “rack”) on the bottom surface (the bottom surface is the “second guide surface”) with the teeth extending along an extending direction of the bottom surface, as seen in Fig. 3 of Yang.
Sun in view of Yang differs from claim 8 because it fails to teach a gear linked to the rack and positioned on the motor 141, as claimed. While Fig. 3 of Yang illustrates that gear 142 meshes with the bottom of the rack 143—the gear 142 cannot read on the “gear linked to the rack” of claim 8 because the gear 142 corresponds to the “first guide surface extending roundly in the upward direction” of claim 7, with there being no other element in Yang that reads on the “first guide surface.”
Claim 11 requires that the first guide includes a first rack disposed in the central concave space and extending in a circumferential direction along the inner wall, a first gear disposed in the central concave space and linked to the first rack, a first gear motor disposed in the central concave space and driven to rotate the first gear, and a rotational shaft disposed at a center of the central concave space and supporting the first rotation of the circulator.
Sun as modified differs from claim 11 because it is silent as to this combination of features, at least because there is no element of the rotation device 12 of Yang (the “first guide”) that reads on a rotational shaft disposed at a center of the concave space and supporting the first rotation of the circulator, in combination with the other elements as claimed.
Claims 12 and 13 are allowable because they depend from claim 11.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 11,982,288 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 3 of the ’288 patent reads on instant claim 1, as seen below:
Instant Claim 1
Claims 1 and 3 of US 11,982,288 B2
1. An air cleaner, comprising:
an air cleaning module including a fan;
a circulator disposed at an upper side of the air cleaning module, the circulator being configured to adjust a direction of air that passes through the fan;
an air discharging guide defining an air flow path spaced apart in a radial direction with respect to an axis of the fan to guide the air discharged from the fan upward, the air discharging guide including:
an inner wall including an inner circumferential surface having a cylindrical shape;
an outer wall spaced apart from the inner wall in the radial direction and surrounding the inner wall so as to define the air flow path between the outer wall and the inner wall; and
a discharging grill disposed in the air flow path, the discharging grill being extended from the inner wall to the outer wall so as to discharge the air of the air flow path in an upward direction of the air cleaner, wherein the circulator includes:
an introduction grill into which air passing through the discharge grill is introduced;
a rotation guide connected to a center portion of the introduction grill and configured to rotate the circulator;
a fan housing provided above the introduction grill; and
a circulation fan provided within the fan housing, wherein:
the discharge grill and the introduction grill have concave or convex shapes corresponding to each other at facing positions in a vertical direction of the air cleaner; and
the rotation guide is disposed to be accommodated in a central concave space defined by the inner wall.
1. An air cleaner, comprising:
an air cleaning module including a fan;
a circulator disposed at an upper side of the air cleaning module, the circulator being configured to adjust a direction of air that passes through the fan, the circulator including:
an introduction grill into which air passing through the fan is introduced;
a fan housing provided above the introduction grill; and
a circulation fan provided within a space defined by the introduction grill and the fan housing;
an air guide defining an air flow path spaced apart in a radial direction with respect to an axis of the fan to guide the air discharged in the radial direction from the fan upward; and
a discharge guide provided on an upper side of the air guide and discharging air passing through the air guide in an upward direction, the discharge guide including:
a discharge inner wall including an inner circumferential surface having a cylindrical shape;
a discharge outer wall that surrounds the discharge inner wall;
a discharge flow path defined between an inner circumferential surface of the discharge outer wall and an outer circumferential surface of the discharge inner wall and passing air flowing upward by the air flow path; and
a discharge grill disposed in the discharge flow path, the discharge grill being extended from the outer circumferential surface of the discharge inner wall to the inner circumferential surface of the discharge outer wall so as to discharge the air of the discharge flow path in the upward direction,
wherein the discharge grill has a concave shape in a downward direction, and
wherein the introduction grill has a concave shape in the downward direction to be received in a concave space defined by the discharge grill at a position corresponding to an upward direction of the discharge grill, wherein the air guide further includes:
a cylindrical outer wall forming an outer circumferential surface of the air guide;
a cylindrical inner wall positioned at an inside of the cylindrical outer wall and forming an inner circumferential surface of the air guide; and
a guide rib disposed in the air flow path, the guide rib being configured to extend longitudinally and guide the air discharged from the fan to flow upward, wherein the air flow path is defined between an inner circumferential surface of the cylindrical outer wall and an outer circumferential surface of the cylindrical inner wall.
3. The air cleaner according to [claims 1 and 2], wherein the circulator further includes a rotation guide provided under a center portion of the introduction grill to guide rotation of the circulator in the clockwise direction or the counterclockwise direction, and wherein the center portion of the introduction grill is disposed so as to correspond an inner space of the discharge inner wall.
Conclusion
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T. BENNETT MCKENZIE
Primary Examiner
Art Unit 1776
/T. BENNETT MCKENZIE/Primary Examiner, Art Unit 1776
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