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 .
Response to Amendment
The amendment filed on 2/25/2026 has been entered. All previous objections and 112 rejections have been withdrawn
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6, 9 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shyu (US 5,203,178).
Claim 1: Shyu discloses a method (Figs. 2-3) for operating at least one fan (4, 7), the fan having an electric motor (A, B), comprising using at least one sensor (15) to record at least one measured value during operation of the fan (Figs. 2-3, see col. 2, lines 34-35), the measured value being at least one of a sound pressure and/or a structure-borne sound vibration (note col. 2, lines 30, “vibration”), the at least one measured value being used as a parameter by a computing unit (16/17) to determine acoustic and/or psychoacoustic characteristic values for at least one defined time interval and/or for at least one defined operating point (Figs. 2-3, note col. 2, lines 37-41 and col. 3, lines 1-13, Examiner noting the operation point at “Start” and the rotation values just before the end in Fig. 2), and the fan being operated, at permissible operating points (col. 3, lines 1-15; e.g., note the reset fundamental rotation values in Fig. 2 when the sensed noise value is normal), wherein the acoustic and/or psychoacoustic characteristic values lie in a defined range (col. 3, lines 1-15, note “normal” or minimum value” that exhibits the least noise) and wherein a manipulated variable used to adjust the operating point of the fan is at least one of an operating time, a torque, a power consumption, an angle of attack, a nozzle cross section, a blade damper position in a flow duct, external hardware, and other fans (see col. 3, lines 1-4, Examiner noting the involvement of one or more fan motors) for noise suppression.
Claim 2: Shyu further discloses that a hiding of impermissible operating points is compensated for by way of shorter and/or longer operation at permissible operating points (Figs. 2-3; Examiner noting that not operating at the noisy operating points/values, which will be hidden in the sense the controller will not operate at those points, will be compensated such that the controller operates at reset rotation values that provide normal/acceptable noise).
Claim 3: Shyu further discloses that an acoustic and/or psychoacoustic characteristic value determined is at least one of a loudness, a volume level, a sound pressure level (Examiner notes that these will inherently be measured by Shyu’s microphone 15), a sound power level and a specific frequency component.
Claim 5: Shyu further discloses that the acoustic and/or psychoacoustic characteristic values are taken as a basis for defining an automatic control, with the result that automatic operation of the fan takes place as a result of at least one of: an actual value of an acoustic and/or psychoacoustic characteristic value being compared with a target value of an acoustic and/or psychoacoustic characteristic value (Figs. 2-3; note analysis in Figure 2 which involves whether the sensed noise value normal and which progresses to ultimately choose a rotation value that provides the lowest noise value); and an actual value of an acoustic and/or psychoacoustic characteristic value being compared with a limit value of an acoustic and/or psychoacoustic characteristic value.
Claim 6: Shyu further discloses that a central automatic control is produced on an electric motor of the fan (Figs. 1-3); or in a decentralized automatic control (16/17) for multiple electric motors of multiple fans including the fan (see col. 3, lines 1-4).
Claim 9: Shyu further discloses that another parameter considered by the computing unit (16/17) is whether a person is present in the surroundings of the fan (Fig. 3; see also col. 3, lines 30-37, 40-45).
Claim 11: Shyu further discloses that the sensor is at least one of an acceleration sensor, a sound pressure sensor (15, a microphone measures sound pressure), a soft sensor/virtual sensor, sensors for describing the operating state, sensors for describing the operating environment; and manipulated variables.
Claim 12: Shyu discloses a system for carrying out the method as claimed in claim 1, having at least one fan having an electric motor (A/B), at least one sensor (15) for recording a measured value (Fig. 1, Examiner noting that 15 can be a microphone), including a sound pressure (Examiner notes that a microphone will inherently measure sound pressure) and/or a structure-borne sound vibration, and a computing unit (16/17) for determining acoustic and/or psychoacoustic characteristic values for at least one defined time interval and/or for at least one defined operating point (Figs. 2-3, note col. 2, lines 37-41 and col. 3, lines 1-13, Examiner noting the operation point at “Start” and the rotation values just before the end in Fig. 2; see also col. 3, lines 1-15, note “normal” or minimum value” that exhibits the least noise) and wherein a manipulated variable used to adjust the operating point of the fan is at least one of an operating time, a torque, a power consumption, an angle of attack, a nozzle cross section, a blade damper position in a flow duct, external hardware, and other fans (see col. 3, lines 1-4, Examiner noting the involvement of one or more fan motors) for noise suppression.
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.
Claim(s) 1, 7-8 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abali (US 7,282,873) in view of Shyu (US 5,203,178).
Claim 1: Abali discloses a method (Figs. 3a-5) for operating at least one fan (501/502), comprising using at least one sensor (560) to record (via 552) at least one measured value during operation of the fan , the measured value being at least one of a sound pressure and/or a structure-borne sound vibration (note element 560 can be a microphone which inherently measures sound pressure), the at least one measured value being used as a parameter by a computing unit (553) to determine acoustic and/or psychoacoustic characteristic values for at least one defined time interval and/or for at least one defined operating point (as shown in Fig. 9, note short term adjustment speed operating point), and the fan being operated, at permissible operating points (Fig. 9, note “Signal short-term adjustment speed to fan speed controller” to approach cancellation phase difference), wherein the acoustic and/or psychoacoustic characteristic values lie in a defined range (Examiner noting that these adjustment speed are chosen to allow for a phase difference value that can be stored in memory (see col. 6, lines 15-37). Abali is not explicit about the fan having a motor. However, such provisions are well known in the art as taught by Shyu (Fig. 1, note motor A associated with fan 4). Abali is also not explicit about a manipulated variable used to adjust the operating point of the fan is at least one of an operating time, a torque, a power consumption, an angle of attack, a nozzle cross section, a blade damper position in a flow duct, external hardware, and other fans for noise suppression. However, Shyu further teaches that a manipulated variable used to adjust the operating point of the fan is at least one of an operating time, a torque, a power consumption, an angle of attack, a nozzle cross section, a blade damper position in a flow duct, external hardware, and other fans (see col. 3, lines 1-4, Examiner noting the involvement of one or more fan motors) for noise suppression. It would have been obvious before the effective filing date of the invention to utilize the teachings of a motor and control as taught by Shyu to run Abali’s fan so as to be able to electrically and continuously power the fan device as well as to incrementally operate fan devices as a way to control noise/sound.
Claim 7: Abali and Shyu teach the previous limitations. Abali further discloses that multiple fans are arranged and a load distribution is performed (Figs. 5-6), with the result that the fans are collectively operated at a permissible operating point (col. 7, lines 25-63).
Claim 8: Abali and Shyu teach the previous limitations. Abali further discloses that an acoustic and/or psychoacoustic characteristic variable is adapted in a way to at least reduce another acoustic and/or psychoacoustic characteristic variable (see col. 6, lines 15-37, Abstract).
Claim 14: Abali and Shyu teach the previous limitations. Abali further discloses that the acoustic and/or psychoacoustic characteristic variable is adapted to at least one: raise a sound power level to reduce tonality; use multiple quieter fans to mask the sound of another, louder fan; use individual fans, when multiple fans are operating, to apply antiphase sound in a specific way in order to decrease or cancel out an annoying sound (see col. 6, lines 15-37, Abstract).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abali (US 7,282,873) in view of Shyu (US 5,203,178) and in further view of Bahner (WO9630649A1).
Claim 10: Abali and Shyu teach the previous limitations. Abali is not explicit about the measured values are used to record anomalies during the operation of the fan for example a bearing damage, a soiling, an imbalance, a material fatigue, a manufacturing defect, a resonance, a separation and/or a nozzle whistling. However, Bahner teaches a blower apparatus which utilizes a sound sensor (11) to record (via 13/14) anomalies such as bearing damage/wear during the operation of the fan (see Abstract; paragraph 17). It would have been obvious before the effective filing date of the invention to utilize a sound sensor to detect anomalies as taught by Bahner in the apparatus of Abali in order to be made aware of damage such as to the bearing.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abali (US 7,282,873) in view of Shyu (US 5,203,178) and in further view of Bard (US20090092261)
Claim 13: Abali and Shyu teach the previous limitations. Modified Abali is not explicit about the at least one of the loudness, the volume level, the sound pressure level, the sound power level and the specific frequency component, comprises at least one of a third-octave level, a tonality, a roughness; a sharpness; a fluctuation strength; a psychoacoustic annoyance; a pitch; and an impulsiveness. However, Bard teaches a fan arrangement in which at least one of the loudness, the volume level, the sound pressure level, the sound power level and the specific frequency component, comprises at least one of a third-octave level, a tonality, a roughness; a sharpness; a fluctuation strength; a psychoacoustic annoyance; a pitch; and an impulsiveness (see paragraphs 80-85). It would have been obvious before the effective filing date of the invention to investigate further sound qualities as taught by Bard into the apparatus of Abali so as to be able to better pinpoint and remedy the source of the acoustic annoyance.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Examiner has utilized an alternate approach with the Shyu reference in relation to its operating point control over the variable of number of fan motors controlled as a way to address noise.
Conclusion
THIS ACTION IS MADE FINAL. 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 NATHAN C ZOLLINGER whose telephone number is (571)270-7815. The examiner can normally be reached Generally M-F 9-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746
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