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 .
Specification
The disclosure is objected to because of the following informalities:
In [0024] of the specification filed on 04/22/2024, line 2, there appears to be an inconsistency in the terminology used: “the first concave 122”. In paragraph [0033], the first groove is referred with the reference number 122.
Appropriate correction is required.
Claim Objections
Claim 9 is objected to because of the following informalities:
Claim 9, line 3, change: “and the fourth end is [[couple]] coupled to the connecting rod.”
Appropriate correction is required.
Claim Interpretations
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 8 - “a release module” read as a module [means] for releasing.
Claim 8 - “a press member” read as a member [means] for pressing.
Claim 9 - “an elastic member” read as a member [means] for exhibiting elasticity.
Claim 11 - “a transfer element” read as a element [means] for transferring.
has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use generic placeholders:
Claim 8 – “module”
Claim 8 – “member”
Claim 8 – “member”
Claim 8 – “element”
coupled with functional language:
“for releasing”
“for pressing”
“for exhibiting”
“for transferring”
without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Corresponding structure is found in [0037].
Corresponding structure is found in [0037].
Corresponding structure is found in [0039].
Corresponding structure is found in [0043].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 6 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 pre-AIA the applicant regards as the invention.
Claim 6 recites the limitation "a second buffer cushion" in line 2. There is insufficient antecedent basis for this limitation in the claim because in claim 5 and in claim 1, there is no recitation of a first buffer cushion. Therein it is unclear how there can be a second buffer cushion without a first buffer cushion. Due to the ambiguity and lack of clarity of the limitation, the metes and bounds cannot be determined, which renders the claim indefinite.
Allowable Subject Matter
Claim 1 is allowable over the prior art of record.
The nearest prior art of record is: Huang (CN 215601730U with citations from translation cited as NPL in PTO-892).
Regarding claim 1, Huang discloses a cooling device (Fig. 1, [0030]), comprising a plurality of cooling fans (10), wherein each cooling fan comprises:
a frame (12), comprising a first side surface (“A”, Fig. 1’ below), a second side surface (“B”), and a third side surface (“C”), the second side surface being opposite to the first side surface (as shown in Fig. 1’, second side surface B is opposite to first side surface A), the third side surface being adjacent to the first side surface and the second side surface (third side surface C is adjacent to first side surface A as shown in Fig. 1’), the first side surface comprising a first groove (i.e., groove “g1” in Fig. 1’ wherein the groove is formed by surrounding raised side portions and the connector 20 is pivotable to be accommodated in the region of the groove “g1”) extending to a junction of the first side surface and the third side surface (as shown in Fig. 1’, the groove extends upward toward the junction of the first surface A and the third surface C), and a first fastening slot (i.e., analogous to the slot 11 shown in Fig. 2, the location of the analogous slot 11 would be at the position “11” shown in Fig. 1’ because each connector 20 of an adjacent fan 10 would connected to top surface (i.e., third surface C of fan 10) and to the bottom surface (i.e., fourth surface D of fan 10, as shown in Fig. 1’) being provided at a position of the third side surface that is close to the second side surface (i.e., as shown in Fig 1’, the position of slot “11” is on the third surface C close to the second surface B); and
a first fastener (20), comprising a first pivoting portion (21) and a first buckling portion (221, i.e., snap fit protrusion [0034]) connected to each other (as shown in Fig. 3),
wherein the first side surface (A) is adapted to abut against the second side surface of another cooling fan to be connected (as shown in Fig. 1, the first side A will abut against a second side surface (similar to B)), and the first buckling portion is adapted to selectively cover the first groove or be buckled to the first fastening slot of the another cooling fan to be connected (i.e., the buckling portion 221 covers the fastening slot 11, as shown in Fig. 1’).
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Fig. 1’
However, Huang fails to disclose or suggest wherein the first pivoting portion being arranged in the first groove and pivotally connected to the frame. The pivoting portion (21) of the first fastener (20) is not arranged in the first groove (g1, Fig. 1’). Instead, the mounting portions (21, Fig. 3) are positioned on the surface of the fan frame (12) and are not within a groove, as shown in Fig. 3 of Applicant’s invention wherein the pivoting portion (142) is within the first groove (122).
Claims 2-5 and 7-11 would be allowable due to their dependency on claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ZAMORA ALVAREZ whose telephone number is (571)272-7928. The examiner can normally be reached Monday-Friday 7:30 am- 5:00 pm EST alternating Fridays off.
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/ERIC J ZAMORA ALVAREZ/Primary Examiner, Art Unit 3745 06/01/2026
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