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 Objections
Claim 18 is objected to because of the following informalities:
Claim 18 recites “wherein the fan housing comprises a toothed gear”.” However, this limitation has already been recited in parent claim 11 (“a fan housing comprising … a toothed gear”) This limitation is presumed to be reciting the same limitation as that of the parent claim. It is recommended that this limitation be removed from claim 18 for better clarity.
Claim 18 recites “wherein the fan housing selectively rotatable” in line 2, but should read “wherein the fan housing is selectively rotatable.”
Appropriate correction is required.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 6,242,725 issued to Murata et al (hereinafter “Murata”) in view of US 2001/0004076 by Kim et al (hereinafter “Kim”).
Regarding claim 11, Murata teaches a fan assembly configured to be positioned within a casing of an appliance (Fig 4 fans 8), the fan assembly comprising:
a discharge housing comprising a plurality of discharge ports (discharge housing includes rear wall of guide 10 in front of fan with discharge ports leading to outlets 2 and 22 as shown in Fig 5, presser plate 26 with upper outlets 27 as shown in Fig 7, and the rear wall of body 4 which has an outlet at the rear which is shown in Fig 7 but not labeled, airflow through rear outlet is clearly shown in Fig 10);
a fan housing (see Examiner Annotated Figure A below, hereinafter “EAF A”) comprising an outlet (Fig 7 outlet opening 8A, also shown in EAF A), the fan housing mounted within the discharge housing (Fig 7), the fan housing selectively rotatable within the discharge housing to align the outlet with a selected one of a plurality of discharge ports (Figs 8-10 shown the fan rotated to align fan outlet 8A with one of a plurality of discharge ports);
a fan wheel rotatably mounted within the fan housing, the fan wheel configured to circulate air through the outlet of the fan housing and the selected one of the plurality of discharge ports (see fan wheel in EAF below).
But Murata does not teach that the fan assembly comprises: a fan housing comprising a toothed gear; or an access rod extending from a distal end at the fan housing to a proximal end at a front of the casing, the access rod configured to rotate the fan housing.
However, Kim teaches a fan assembly for a cooking appliance (Abstract, Fig 2) comprising a fan wheel (Fig 4 fan 32) and a fan housing (Fig 4 fan housing 31) having an outlet (discharging hole 31b) and a toothed gear (Fig 4 rack gear 33a), wherein the fan housing is configured to be rotated to different outlet directions by driving the toothed gear (Figs 3A, 3B, 3C; paragraph [0030]). Kim further teaches that the fan assembly comprises an access rod extending from a distal end at the fan housing to a proximal end at a front of the casing (Fig 4 shaft attached to motor Ms, which extends from an end at the fan housing; note that since the appliance and its casing are not positively claimed the proximal end of the access rod is assumed to be capable of being positioned “at a front of the casing”), the access rod configured to rotate the fan housing (Fig 4 access rod rotates fan housing 31 through the engagement of the toothed gears).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the microwave appliance of Murata by including a toothed gear on the fan housing and an access rod extending from a distal end at the fan housing to a proximal end which may be at a front of the casing, the access rod configured to rotate the fan housing, as taught by Kim. This would provide a means to drive the rotation of the fan housing in the appliance.
PNG
media_image1.png
597
845
media_image1.png
Greyscale
Examiner Annotated Figure A, from Figure 7 of Murata, showing the fan housing and fan wheel
Regarding claim 12, Murata teaches that the plurality of discharge ports comprises three discharge ports facing in three different directions (Figs 8-10).
Regarding claim 13, Murata teaches that the discharge housing is defined between a top side, a bottom side, a first side wall, a second side wall, a front side, and a back side, wherein one of the three discharge ports is positioned on the top side, one of the three discharge ports is positioned on the front side, and one of the three discharge ports is positioned on the back side (Figs 8-10).
Regarding claim 14, Murata teaches that the discharge housing comprises an opening (Fig 5 discharge housing is open at sides), wherein the fan housing is cylindrical (Fig 8) and is concentric with the opening of the discharge housing (Fig 5), the fan housing positioned within the opening of the discharge housing (Fig 5).
Regarding claim 15, Murata teaches that the fan wheel is mounted within the fan housing on a fan axis parallel to, and spaced apart from, a housing axis of the fan housing (Figs 7 and 8).
Regarding claim 16, Murata teaches that an inside gap of the fan housing from the fan wheel is non-uniform and progressively increases towards the outlet of the fan housing (see Examiner Annotated Figure B below).
PNG
media_image2.png
792
892
media_image2.png
Greyscale
Examiner Annotated Figure B, from Figure 8 of Murata, annotated with arrows to show inside gap increasing towards outlet in counterclockwise direction
Regarding claim 17, Murata teaches that the fan housing is selectively rotatable within the discharge housing between the plurality of discharge ports, thereby keeping the inside gap of the fan housing from the fan wheel non-uniform and progressively increasing towards the outlet of the fan housing, with respect to the selected one of the plurality of discharge ports (Figs 8-10).
Regarding claim 18, Murata, as modified with Kim, teaches that the fan housing comprises a toothed gear (Kim Fig 4 rack gear 33a on fan housing 31), wherein the fan housing is selectively rotatable within the discharge housing while installed within the appliance via rotating the access rod, thereby rotating the toothed gear and the fan housing (Kim Fig 4 fan housing 31 is selectively rotatable within the housing by motor Ms via rotation of access rod which rotates gear 33a while installed in housing).
Allowable Subject Matter
Claims 1-10 are allowed.
Claims 19-20 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:
None of the other prior art of record teaches or suggests all of the limitations of independent claim 1, particularly the “access rod extending from a distal end at the toothed gear to a proximal end at a front of the casing in the transverse direction, the access rod comprising a spiral thread at the distal end, the access rod configured to rotate, thereby rotating the toothed gear and the fan housing” as set forth in the claim. Therefore, this limitation, along with every other limitation of the claim, distinguishes the claim from the prior art.
The closet prior art is believed to be the following:
Murata teaches a microwave appliance (Fig 1 microwave oven 1) defining a vertical direction, a lateral direction and a transverse direction, the vertical, lateral, and transverse directions being mutually perpendicular, the microwave appliance comprising: a casing (Fig 4 inner frame 11) that defines a cooking chamber (Fig 4 heating chamber 30) and a circulation conduit (Fig 4 air passage 12), the cooking chamber configured for receipt of food items for cooking (referenced structure performs this function) and the circulation conduit having an inlet (Fig 4 bottom hole 67) and an outlet (Fig 5 circulation conduit outlets to fans 8, which drives airflow toward an outlet of the appliance); a door mounted to the casing and configured for permitting selective access to the chamber of the casing (Fig 1 door 3); and a fan assembly positioned within the circulation conduit of the casing (Fig 4 fans 8), the fan assembly comprising: a discharge housing comprising a plurality of discharge ports (Fig 4 body 4 comprising outlets 2 and 22 as shown in Fig 5, upper outlets 27 as shown in Fig 7, and additionally an outlet at the rear which is not labeled but airflow through rear outlet is clearly shown in Fig 10); a fan housing (see Examiner Annotated Figure A below, hereinafter “EAF A”) comprising an outlet (Fig 7 outlet opening 8A, also shown in EAF A), the fan housing mounted within the discharge housing (Fig 7), the fan housing selectively rotatable within the discharge housing to align the outlet with a selected one of a plurality of discharge ports (Figs 8-10 shown the fan rotated to align fan outlet 8A with one of a plurality of discharge ports); a fan wheel rotatably mounted within the fan housing, the fan wheel configured to circulate air through the outlet of the fan housing and the selected one of the plurality of discharge ports (see fan wheel in EAF below).
Kim teaches a fan assembly for a cooking appliance (Abstract, Fig 2) comprising a fan wheel (Fig 4 fan 32) and a fan housing (Fig 4 fan housing 31) having an outlet (discharging hole 31b) and a toothed gear (Fig 4 rack gear 33a), wherein the fan housing is configured to be rotated to different outlet directions by driving the toothed gear (Figs 3A, 3B, 3C; paragraph [0030]).
The combination of Murata and Kim teaches all of the limitations of independent claim 1 except for the “access rod extending from a distal end at the toothed gear to a proximal end at a front of the casing in the transverse direction, the access rod comprising a spiral thread at the distal end, the access rod configured to rotate, thereby rotating the toothed gear and the fan housing.” While it may have been obvious to modify the microwave appliance of Murata by including a toothed gear on the fan housing as a means to drive the rotation of the fan housing, it would not have been obvious to further modify the appliance to also include an access rod with all of the limitations claimed. In particular, the limitation that requires the access rod to extend “to a proximal end at a front of the casing in the transverse direction” would not have been obvious.
Claims 2-10 are allowable at least because they depend from and include all of the limitations of the allowable independent claim.
Regarding claim 19, the combination of Murata and Kim teach the microwave appliance of claim 11, as discussed in the claim 11 rejection above. But none of the prior art of record teaches or suggests a microwave appliance with all of the limitations of claim 19, particularly the “guide positioned along the access rod between the proximal end and the distal end.” Therefore, this limitation, along with every other limitation of the claim, distinguishes the claim from the prior art.
Regarding claim 20, the combination of Murata and Kim teach the microwave appliance of claim 11, as discussed in the claim 11 rejection above. But none of the prior art of record teaches or suggests a microwave appliance with all of the limitations of claim 20, particularly ” a plurality of tabs extending from the discharge housing and a protrusion extending from an outer surface of the fan housing, wherein the protrusion from the fan housing contacts a respective tab of the plurality of tabs when the fan housing is rotated within the discharge housing.” Therefore, this limitation, along with every other limitation of the claim, distinguishes the claim from the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4,682,580 to Fukumoto, US 8,074,637 to Yamauchi, US 4,886,046 to Welch, US 4,418,261 to Jailor et al, US 6,818,874 to Jeong, and US 5,981,929 to Maeda et al, each disclose a microwave appliance with a fan assembly wherein the fan housing is rotatable to different discharge ports in different directions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amy E Carter whose telephone number is (703)756-5894. The examiner can normally be reached Monday-Friday 8:00 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMY E CARTER/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762
Prosecution Insights