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 .
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 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/05/2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-2, 5 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (US 20190113221A1, hereinafter referred to as “Huang”).
Regarding claim 1, Huang discloses a housing positioning structure for a ventilation fan (Figs 1A, 3A, 5A, 6A, 7A, 9A, 10A, 11A), the housing positioning structure comprising: a housing (Figs 1A and 3A, housing 11), comprising a top plate (Fig 5D, top plate 218) and a plurality of side plates (Fig 5D, side wall 217) vertically arranged on a periphery of the top plate (Fig 5D), wherein an accommodation space is enclosed by the top plate and the side plates (Fig 5B, accommodation space through first opening 219), a horizontal line is formed at a lower edge of the side plate (Figs 5B and 5D, horizontal line formed along lower edge of side wall 217), a direction above and away the horizontal line is defined as an above-body direction side (Figs 5C and 5D, side towards top edge of housing 21 from horizontal line), and a direction below and away the horizontal line is defined as a below-body direction side (Figs 5C and 5D, side towards support 25 and 23 from horizontal line); an upper supporting structure (Figs 1A and 1C, installation brackets 14), disposed on the housing (11) and located on the above-body direction side (Fig 1C, side towards top edge of housing 11 from horizontal line); and a lower supporting structure, disposed on the lower edge of the side plate and extending toward the below-body direction side (see annotated figures A below).
Annotated Figures A taken from Huang
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Regarding claim 2, Huang discloses wherein the upper supporting structure comprises a plurality of brackets (Figs 1A and 3A, brackets 14) and a plurality of fixing parts arranged in pairs (see annotated figures A above), a first through groove is defined on each fixing part (Figs 1B and 5D show groove), and each bracket is inserted in the first through groove (Figs 1B and 3B, bracket 14 inserted through groove).
Regarding claim 5, Huang discloses wherein each fixing part comprises a supporting piece and a blocking piece, the supporting piece extends vertically and outwardly from a wall of the housing, and the blocking piece is bent and extends from the supporting piece (see annotated figures A above, and Figs 1B and 3B, fixing part has a supporting piece and a bent blocking piece).
Regarding claim 10, Huang discloses wherein the upper supporting structure comprises a plurality of bending plates arranged in pairs on two sides of the housing opposite to each other (Figs 5B and 6B, pair of bending plates on two side of housing 21).
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 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.
Claim(s) 6-7, 9 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20190113221A1, hereinafter referred to as “Huang”) in view of Branham (US 20190032953A1, hereinafter referred to as “Branham”).
Regarding claim 6, Huang discloses wherein the upper supporting structure comprises a plurality of wing plates which are bendable (Fig 5B, pair of extending portions 214), and the wing plates are arranged in pairs on two sides of the housing opposite to each other (Fig 5B, pair of extending portions 214 on two sides of housing 21); and wherein the wing plates comprise a plurality of first wing plates and a plurality of second wing plates (Fig 5B, four extending portions 214 total),
However, Huang fails to sufficiently disclose the first wing plates and the second wing plates are located on a bottom side of the housing and have different heights relative to the horizontal line after being bent.
However, Branham teaches the first wing plates and the second wing plates are located on a bottom side of the housing and have different heights relative to the horizontal line after being bent (Fig 8B and 9B, and Figs 1-5, the wing plates (32, 34, 36) are located at bottom side of housing 10, and wing plate (32) is at different height from wing plates (34, 36) relative to horizontal line at edge, see also (Figs 10A and 10B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huang by Branham based on the following rationale: referring to Huang in Figs 5B and 6B, the bendable tabs along bottom edge of housing 21 are all arranged in same height. Referring to Branham in Figs 4-5 and 10B and discussed in [0032], the bendable tabs 32, 34 and 36 are arranged at two different heights, see Fig 10B of Branham in particular, and notice that the tab 32 at different height from tabs 34, 36, when bent at 90 degrees, enables securement to the other surface of the ceiling 80. As a result, above discussed advantage of Branham over Huang serves as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to modify Huang by Branham, and there would have been reasonable expectation of success because both prior art belongs to same analogous art, in the technical field of ventilation fan housing mounting assembly to ceiling.
Regarding claim 7, Huang fails to sufficiently disclose wherein the first wing plate comprises a first extension piece and a first bending piece, the first extension piece is attached to a wall of the housing, and the first bending piece is connected to the first extension piece and bendable outwardly in a direction away from the housing.
However, Branham teaches wherein the first wing plate (Figs 10A and 10B, tab 36) comprises a first extension piece (Figs 10A and 10B, tab 36 (not labelled) adjacent 32) and a first bending piece (Fig 10A, tab labeled 36), the first extension piece is attached to a wall of the housing (Figs 10A, tab 36 attached to wall 18), and the first bending piece is connected to the first extension piece (Figs 10A and 18B, two tabs 36 are adjacent to one another) and bendable outwardly in a direction away from the housing (Figs 10A and 10B, tab 36 is bent 90 degrees outwardly away from housing 10).
Regarding claim 9, Huang fails to disclose wherein a plurality of first bending holes is arranged spacedly on the first wing plate and are located between the first extension piece and the first bending piece.
However, Branham teaches wherein a plurality of first bending holes is arranged spacedly on the first wing plate and are located between the first extension piece and the first bending piece (Figs 10A and 1B, bending holes are spaced on wing plate 32/36, and located between adjacent extension and bending pieces).
Regarding claim 11, Huang discloses wherein the bending plates comprises a plurality of first bending plates and a plurality of second bending plates (Fig 5B, extending portions 214, note pair of bending plates (214) on two side of housing 21).
However, Huang fails to disclose the first bending plates and the second bending plates are located on a bottom side of the housing and have different heights relative to the horizontal line after being bent.
However, Branham teaches the first bending plates and the second bending plates are located on a bottom side of the housing and have different heights relative to the horizontal line after being bent (Fig 8B and 9B, and Figs 1-5, the wing plates (32, 34, 36) are located at bottom side of housing 10, and wing plate (32) is at different height from wing plates (34, 36) relative to horizontal line at edge, see also (Figs 10A and 10B).
Regarding claim 12, Huang fails to disclose wherein the first bending plate comprises a first fixed edge and a first folding edge, the first fixed edge is connected to a wall of the housing, and the first folding edge is bent outwardly in a direction away from the accommodation space.
However, Branham teaches wherein the first bending plate comprises a first fixed edge and a first folding edge (Figs 10A and 1B, pair of tabs 36, one has folding edge at 90 degrees bend), the first fixed edge is connected to a wall of the housing (Fig 10B), and the first folding edge is bent outwardly in a direction away from the accommodation space (Fig 10A, bend 90 degrees from accommodation space of housing 10).
Regarding claims 7, 9, 11 and 12, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huang by Branham based on the same rationale previously discussed for claim 6 above, thereby omitted herein for brevity.
Claim(s) 8, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20190113221A1, hereinafter referred to as “Huang”) in view of Branham (US 20190032953A1, hereinafter referred to as “Branham”), and further in view of Hu (US 20150060638A1, hereinafter referred to as “HU”).
Regarding claim 8, Huang fails to disclose wherein the first wing plate comprises a first return fold bending from one end of the first bending piece.
However, HU teaches wherein the first wing plate comprises a first return fold bending from one end of the first bending piece (Figs 6 and 7, wing plate (250) with a first return folding section bending from one end adjacent hole 260 and hook sheet 290; note: because “a first return fold” has been recited without further structural definition or limitation, and thus “return fold” is broadly interpreted herein, as bending to return to original shape ).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huang by HU in view of Branham based on the following rationale: referring to Huang in Figs 5B and 6B, the bendable tabs along bottom edge of housing 21 are all arranged in same height and same regular rectangular shape. Referring to HU, the elastic sheet 250 have a distinct shape as shown in Figs 6 and 7, and added functionality as discussed in [0087] describing of temporary connection between ventilation fan frame 200 and the adapter plate 230 being achieved via a hook sheet 290 and engagement hole 260 and structure of the elastic sheet 250, which allows the user to release the ventilation fan frame 220 from his hand and pass screws through the holes during installation. As a result, above discussed functional advantage of HU over Huang serve as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to modify Huang by HU, and there would have been reasonable expectation of success because both prior art belongs to same analogous art, in the technical field of ventilation fan housing mounting assembly to ceiling.
Regarding claim 13, Huang fails to disclose wherein the upper supporting structure comprises a plurality of flip plates attached to two sides of the housing opposite to each other, and the upper supporting structure is rotatable horizontally from a surface of the housing in a direction away from the accommodation space.
However, HU teaches wherein the upper supporting structure comprises a plurality of flip plates attached to two sides of the housing opposite to each other (Figs 6 and 7, flip plate (250) with folding bending section from one end adjacent hole 260 and hook sheet 290; note: the so-called “flip plate” of claim 14, and “wing plate” of claim 6 do not recite further structural and/or functional limitations to express structure of the “wing plate” or the structure of the ““flip plate”, and thus can be broadly interpreted; more importantly, dependent claims reciting “flip plate” do not depend on dependent claims reciting “wing plates”, thus there is no dependent claims with “flip plate” and “wing plate” combined), and the upper supporting structure is rotatable horizontally from a surface of the housing in a direction away from the accommodation space ([0087]: when the ventilation fan frame 220 (upper supporting structure) is engaged upwards to the adapter plate 230 from below bracket assembly 100 and followed by passing through of inside of bracket assembly 100 and then temporary connection between ventilation fan frame 200 and the adapter plate 230 being achieved via hook sheet 290 and engagement hole 260 and structure of the elastic sheet 250, small rotational horizontal movement for the ventilation fan frame 200 (upper support structure) can be achieved from surface of housing 200 in direction away from interior space of housing 200).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huang by HU in view of Branham based on the same rationale previously discussed for claim 8 above, thereby omitted herein for brevity.
Regarding claim 14, Huang fails to disclose wherein the flip plates comprise a plurality of first flip plates and a plurality of second flip plates, the first flip plates and the second flip plates are located on a bottom side of the housing and have different heights relative to the bottom plate after rotation.
However, Branham and HU combined teach the following: wherein the flip plates comprise a plurality of first flip plates and a plurality of second flip plates, the first flip plates and the second flip plates are located on a bottom side of the housing and have different heights relative to the bottom plate after rotation (HU: Figs 6 and 7, flip plates (250); Branham: Fig 8B and 9B, and Figs 1-5, flip plates (32, 34, 36) are located at bottom side of housing 10, and flip plate (32) is at different height from flip plates (34, 36) relative to horizontal line at edge, see also (Figs 10A and 10B); note: the so-called “flip plate” of claim 14, and “wing plate” of claims 6-9 do not recite further structural limitations to express structure of the “wing plate” or the structure of the ““flip plate”, and thus can be broadly interpreted; more importantly, dependent claims reciting “flip plate” do not depend on dependent claims reciting “wing plates”, thus there is no dependent claims with “flip plate” and “wing plate” combined).
Regarding claim 15, Huang fails to disclose wherein the first flip plate comprises a first fixed edge and a first folding edge, the first fixed edge is connected to a wall of the housing, and the first folding edge is rotatable outwardly in a direction away from the accommodation space.
However, HU teaches wherein the first flip plate comprises a first fixed edge (Figs 6 and 7, edge of 250 directly connected to 220) and a first folding edge (Figs 6 and 7, edge of 250 adjacent to 260, 290), the first fixed edge is connected to a wall of the housing (Figs 6 and 7, flip plate (250); Figs 6 and 7, edge of 250 directly connected to 220), and the first folding edge is rotatable outwardly in a direction away from the accommodation space ([0087]: when the elastic sheet 250 is no longer pressed by the hook sheet 290 when being restored to its original position, and abuts against the hook sheet 290, it is implied that the elastic sheet 250 is deformed away from inside of the ventilation fan frame 220, thereby rotating outwards in direction away from accommodation space).
Regarding claim 16, Huang fails to disclose wherein a plurality of first bending holes is defined on the first fixed edge and are located on one side connected to the wall of the housing.
However, HU teaches wherein a plurality of first bending holes is defined on the first fixed edge and are located on one side connected to the wall of the housing (Figs 6 and 7, the entire hole in which elastic sheet 250 and 260 and 260 are found can be the bending hole, defined on edge of 250 directly connected to 220, and located on one side connected to housing 200).
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20190113221A1, hereinafter referred to as “Huang”) in view of Servies (US 20230012260A1, hereinafter referred to as “Servies”).
Regarding claim 17, Huang fails to disclose wherein the lower supporting structure comprises a bending arm and a clamping piece, and the bending arm is foldable outwardly in a direction away from the accommodation space.
However, Servies teaches wherein the lower supporting structure comprises a bending arm and a clamping piece, and the bending arm is foldable outwardly in a direction away from the accommodation space (Fig 2, first and second brackets 26, 28 are at lower support structure, Figs 7 and 8, bending arm (48) foldable/bend with respect to member 30, in direction away from accommodation space in Fig 9).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huang by Servies based on the following rationale: referring to Huang in Figs 5B and 6B, the bendable tabs along bottom edge of housing 21 are all arranged in same height and same rectangular shape located on one side of ceiling panel. Referring to Servies in Figs 1 and 2, the installation assemblies 20 provides clamping features on top and bottom sides of the ceiling panel 22, that is as discussed in [0045] that the first bracket 26 and the second bracket 28 collectively sandwich the ceiling panel 22 therebetween. In addition, [0047] of Servies discuss the ease of installation by snap-fit of the brackets 26, 28 into the fan housing 12. As a result, above discussed functional advantage of Servies over Huang serve as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to modify Huang by Servies, and there would have been reasonable expectation of success because both prior art belongs to same analogous art, in the technical field of ventilation fan housing mounting assembly to ceiling.
Regarding claim 18, Huang fails to disclose wherein the clamping piece is in an L shape and comprises a second bending section and a third bending section, the second bending section is connected to the bending arm, and the third bending section is bent and extends from the second bending section in a direction away from the accommodation space.
However, Servies teaches wherein the clamping piece is in an L shape (Fig 8, 30 and 32 combined form L-shaped) and comprises a second bending section and a third bending section (30 and 34 form one bend section, and 32 and 30 form another bend section in Fig 7), the second bending section is connected to the bending arm (Figs 7-8, bend section of 30 and 34 connected to arm (48)), and the third bending section is bent and extends from the second bending section in a direction away from the accommodation space (Figs 8 and 9).
Regarding claim 19, Huang fails to disclose wherein a fixing hole is defined on the third bending section.
However, Servies teaches wherein a fixing hole is defined on the third bending section (Fig 5, triangular hole inside flange 48).
Regarding claim 20, Huang fails to disclose wherein a plurality of bending slots is defined at a connection portion between the second bending section and the third bending section.
However, Servies teaches wherein a plurality of bending slots is defined at a connection portion between the second bending section and the third bending section. (Figs 5 and 8, channels 52).
Regarding claims 18-20, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huang by Servies based on the same rationale previously discussed for claim 17 above, thereby omitted herein for brevity.
Allowable subject matter
Claim(s) 3-4 is/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: Huang, Branham, Servies and HU, singularly or in any combinations thereof fails to disclose or teach “wherein each fixing part is a hook, each fixing part comprises a supporting plate and a claw portion connected to the supporting plate, the supporting plate extends vertically from a wall of the housing in a direction away from the accommodation space, and the first through groove is defined on the claw portion” of claim 3, and “wherein each fixing part comprises a second through groove, and a bottom of the first through groove and a bottom of the second through groove are located at different height positions relative to the supporting plate” of claim 4.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Branham (US 11015822B2) discloses a ventilation fan mounting assembly. Branham (US 20210199319A1) discloses a ventilation fan mounting assembly. Chuang (US 20210355949A1) discloses a ventilation system housing assembly. Karst (US 20190360501A1) discloses a ventilation fan with a flange mounting system. Skipton (US 20220212522A1) discloses a vent fan air filter assembly. Gao (US 8876582B2) discloses a ventilation device that can be installed easily. Tom (US 9416989B1) discloses a ventilation fan mount assembly. Yeung (US 20080318515A1) discloses a ventilation exhaust fan mounting housing. Penlesky (US 20050111972A1) discloses a modular ventilating exhaust fan assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DING Y TAN whose telephone number is (303)297-4271. The examiner can normally be reached on Monday-Friday, 8:00am MT--5:00pm MT. 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, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DING Y TAN/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632