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 1 is objected to because of the following antecedent basis informalities:
Claim 1, line 7, consider amending to, – [[the]]a blade of the impeller is configured to guide airflow to have both a radial velocity component and an axial velocity component--.
Appropriate correction is required.
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.
Claims 2, 3-6, 10, and 16 are 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 2 cites the limitation “the fan housing has a body of revolution”, however, referring to 46 it is unclear what is being referred to as having revolution. Referencing Fig 3, it is unclear to the Examiner how the fan housing (46) would be capable of rotation. As best understood as well as in the interest of compact prosecution and for the purpose of this office action, ‘a body of revolution’ will be interpreted as the fan assembly located within the fan housing.
Claims 3, 5, and 6 are rejected since they are dependent on claim 2.
Claim 4 recites the limitation "the inlet end" and “the outlet end” whereas “an outlet end” and “an inlet end” is introduced in claim 2. There is insufficient antecedent basis for this limitation in the claim and examiner is unsure if applicant intends to have claim 4 dependent off claim 1 or claim 2. Further, it is unclear to the Examiner where the inlet and outlet end are defined within. For broadest reasonable interpretation as best understood by the examiner, claim 4 is dependent off claim 1. In addition, claim 4, line 3, will be interpreted as: --the protruding portion is larger than the inner diameter at [[the]]an inlet end and [[the]]an outlet end of the fan housing.--
Claim 10 cites the limitation “elbow has… an angle of approximately 90 degrees”. The term "approximately" in claim 10 is a relative term which renders the claim indefinite. The term "approximately" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. According to Dictionary.com, "approximately" is used to show that something is almost, but not completely, accurate or exact, i.e. roughly. Therefore, for examination purposes and best understood from instant disclosure "approximately" 90 degrees, is exactly 90 degrees.
The term “generally” in claim 16 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, for examination purposes and best understood from instant disclosure the reinforcing frame is C-shaped (claim 16, line 2 –the reinforcing frame comprises a .
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)(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.
Claims 1-9, 11-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Poole (US 20160198636 A1).
In regards to claim 1, Poole teaches A backpack blower (100; fig 1b), comprising: a frame assembly (114; fig. 1a; para 35), configured to support an electric power pack (frame assembly capable of supporting power packs 126a, 126b via 132a, 132b; pp. 44 and 49) for storing and discharging electric energy (found within 126a and 126b; pp. 66), a fan (includes 118 and 134; pp. 38) connected to the frame assembly (as shown below) and a discharge tube assembly (148; fig 4a; pp. 61) connected to the fan (as shown below), wherein the fan comprises a fan housing (outer structure of 118 and 138; fig 4b) and an impeller (134) housed in the fan housing (fig 5; pp. 41), and a blade of the impeller is configured to guide airflow to have both a radial velocity component (para 41) and an axial velocity component (at least a portion of the air is configured to move axially through the motor and exit chamber 142; pp. 42).
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In regards to claim 2, as best understood, the backpack blower according to claim 1, wherein, the fan housing has a body of revolution (134; fig 5; pp. 42) and extends from an inlet end to an outlet end (as shown below; pp.41).
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In regards to claim 3, the backpack blower according to claim 2, wherein,
an air intake (115) is disposed at the inlet end and has a shape with a converging flow area in the direction of flow (designated in annotated fig. 6A below; pp. 41).
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In regards to claim 4, as best understood, the backpack blower according to claim 1, wherein, the fan housing comprises a protruding portion (138; fig. 3) and has a shape in which the inner diameter at the protruding portion (defined by inner wall boundary of casing 162 and 164, designated in annotated fig. 6A below) is larger than the inner diameter at an inlet end (small opening of 115) and an outlet end (142; defined as a chamber for air exhaust to flow through; para 42).
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In regards to claim 5, the backpack blower according to claim 2, wherein, the frame assembly is provided with a receiving groove (130, 166, 168 and the outer rear structure of housing assembly 112 as designated in annotated fig. 4B below; pp. 47), and the fan is mounted in the receiving groove (para 51; fig. 4B).
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In regards to claim 6, the backpack blower according to claim 5, wherein, the inlet end and the outlet end of the fan housing are respectively located on both sides of the frame assembly (as annotated in fig. 1b below).
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In regards to claim 7, the backpack blower according to claim 4, wherein, the electric power pack comprises two removable battery packs( 126a and 126b; pp. 44-45 refer to battery packs being received and inserted into the grooves, thereby they are removable; fig.3 shows an exploded view of the battery wells, battery packs are shown as removable from grooves and received into grooves, shown in fig. 1B), the frame assembly is provided with an installation portion (133a and 133b; pp. 45), configured to support the two removable battery packs which is above the fan housing (pp. 52; when oriented with assembly 118 downward, the battery packs are positioned above the fan housing) , the two removable battery packs are disposed at two sides (defined as upper and lower sides) of the protruding portion of the fan housing (fig. 4b).
In regards to claim 8, the backpack blower according to claim 7, wherein, an accommodation space (130; fig. 6A) is formed between the two removable battery packs (designated in annotated fig. 4B below), and the protruding portion of the fan housing is at least partially arranged in the accommodation space (as shown below; pp. 47).
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In regards to claim 9, the backpack blower according to claim 1, wherein, the discharge tube assembly (148; figs. 4A-4B) comprises, in flow sequence, an elbow (154; fig. 4A) connected to the fan (via intermediate components; figs. 4A-4B), a flex tube (156; figs. 4A-4B; para 61) connected to the elbow, and a discharge tube (152; figs. 4A-4B; para 61-62) connected to the flex tube (fig 4a; para 61).
In regards to claim 12, the backpack blower according to claim 9, wherein, the discharge tube assembly extends downstream from the flex tube, and serves as a mounting point for a handgrip (170; as shown below; pp. 62).
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In regards to claim 13, the backpack blower according to claim 1, wherein, the frame assembly comprises a back plate (114) having a front face (designated in annotated fig. 3 below) and an opposed back face (pp. 35; designated in annotated fig. 3 below) and a reinforcing frame (includes 112, 166, 168; pp. 43; fig.3) secured to the back plate.
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In regards to claim 14, the backpack blower according to claim 13, wherein, the upper portion of the back plate comprises left upper mounting point (designated in annotated fig. 2 above) and right upper strap mounting point (designated in annotated fig. 2 above), the lower portion of the back plate comprises left lower mounting point (designated in annotated fig. 2 above) and right lower strap mounting point (designated in annotated fig. 2 above; pp. 36).
In regards to claim 15, the backpack blower according to claim 14, wherein, the upper portion of the back plate is provided with a carrying handle (as indicated above in fig. 2).
In regards to claim 16, as best understood, the backpack blower according to claim 13, wherein, the reinforcing frame (114) comprises a C-shaped section (166 and 168; as indicated in the annotated fig. 3 and 8b below; pp. 51) extending aft from the back face of the back plate (as indicated in annotated fig. 8b below) and a pair of uprights (designated in annotated fig. 3 below), extending parallel to the back face of the back plate (as indicated in the annotated fig.3 below; pp. 52).
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In regards to claim 17, the backpack blower according to claim 1, wherein,
the backpack blower further comprises an external cover (112; fig. 3; pp. 39, housing assembly forms battery wells 132a and 132b) for housing the electric power pack.
In regards to claim 18, the backpack blower according to claim 1, wherein, the fan mounted laterally adjacent to the frame assembly (in view of fig. 4a, fan is mounted laterally adjacent to the left from back plate, 114, of frame assembly). and a discharge tube assembly (148; figs. 4A-4B) connected to the fan (148; fig. 4a; pp.61).
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 10 is rejected under 35 U.S.C 103 as being unpatentable over Poole (US 20160198636 A1) in view of Mantell (US 20140101888 A1).
In regards to claim 10, as best understood, Poole discloses the backpack blower according to claim 9, wherein, the elbow (154, Poole) has a first end connected to the outlet end of the fan housing and a second end connected to the flex tube (156, Poole; pp. 38; fig 4a).
Though, Poole appears to disclose a curved pathway along the elbow (fig. 1A), Poole does not explicitly disclose wherein the elbow is configured to turn airflow passing therethrough through an angle of 90 degrees.
However, Mantell, concerned as well with a fan assembly with an inlet and outlet end wherein the outlet end of the elbow (17, Mantell; fig. 2; pp. 34) is connected to the hose, teaches an elbow portion of 90 degrees (Mantell, pp. 35; fig.4). Further, this elbow portion has a first end connected to the outlet end of a fan assembly and a second end capable of hose attachment (Mantell pp.37). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the elbow attachment, as disclosed by Poole, to define an angle of 90 degrees, as disclosed by Mantell, as a means to increase airflow (Mantell pp. 42).
Claims 11, 19 and 20 are rejected under 35 U.S.C 103 as being unpatentable over Poole (US 20160198636 A1) in view of Mason (US 20200149668 A1).
In regards to claim 11, Poole discloses the backpack blower according to claim 9, where it comprises the discharge tube assembly. However, Poole does not explicitly disclose wherein the discharge tube assembly further comprises one or more extension tubes coupled to the discharge tube to provide a greater overall length.
However, Mason, concerned as well with attachments to blowing apparatuses, teaches the use of one or more extension tubes (35, Mason; fig. 4b; pp. 19). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally add one or more extension tubes to the end of the discharge tube assembly to provide greater overall length to the blower, resulting in ease and comfort of use (Mason pp.19).
In regards to claim 19, Poole discloses a discharge tube assembly (148) however does not explicitly disclose, wherein, in flow sequence, the tube assembly comprises a flex tube connected directly to the fan housing, a discharge tube and one or more extension tubes.
However, Mason, concerned as well with attachments to blowing apparatuses, teaches in flow sequence a flex tube (16, Mason; fig.1 ) connected directly to the fan housing (Mason pp.19), a discharge tube (12, Mason; fig.1; pp.18), and one or more extension tubes 32 (32, Mason; fig.1; pp.18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the discharge tube assembly with elbow tube connected directly to the fan outlet, as disclosed in Poole, with the discharge tube assembly with flex tube connected directly to the fan outlet, as taught in Mason, to achieve the predictable result of directing airflow out of the fan housing.
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In regards to claim 20, the backpack blower according to claim 19, wherein, one end of the flex tube is connected to the outlet end of the fan housing (pp.19, Mason; fig.1) and the other end of the flex tube is connected to the discharge tube (pp.18, Mason; fig.1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T. FARRELL whose telephone number is (571)270-0401. The examiner can normally be reached 8:00AM - 5PM.
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, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL THADDUES FARRELL JR/Examiner, Art Unit 3723
/SIDNEY D FULL/Examiner, Art Unit 3723
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