DETAILED ACTION
The present office action is in response to claims filed on 06/21/2024. Claims 1 – 25 are pending in the application.
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.
Claim Objections
Claims 1, 9, 23, and 24 are objected to because of the following informalities:
Claim 1 recites “a building structure” in line 4, which should recite “the building structure” for proper antecedent basis.
Claim 9 recites “a building structure” in line 4, which should recite “the building structure” for proper antecedent basis.
Claim 23 recites “a building structure” in line 4, which should recite “the building structure” for proper antecedent basis.
Claim 24 recites “DC power” in line 3, which should recite “the DC power” for proper antecedent basis.
Appropriate correction is required.
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.
Claims 9, 10, 16, 17, 19, 21, 22, 23 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boehling et al. (U.S. Patent No. 8,915,778).
Regarding Claim 9, Boehling shows (Figures 1 and 3):
An attic fan system (11) for use with (as described in Abstract) a building structure (building, Abstract) having an attic (attic below 18), the attic fan system (11) comprising:
an attic fan (12, 13, and associated components) comprising:
a housing (14, 16) configured to be connected to (as illustrated in Figure 1) the building structure (building, Abstract) having an attic space (interior space of the attic), the housing (14, 16) comprising an inflow end (the bottom end of 14 connected to the roof, as illustrated in Figure 1) and an outflow end (the top end of 14 connected to 16, as illustrated in Figure 1);
a motor (21) configured to rotate (“fan blades 19 are mounted to the shaft of the DC motor 21”, Col. 2, line 62; “when the DC motor 21 is activated by application of a DC voltage, it spins the fan blades 19”, Col. 2, lines 66-67) a fan drive shaft (shaft, Col. 2, line 62); and
a fan blade assembly (fan blades, Col. 2, line 62) to secure to (as illustrated in Figure 2) the fan drive shaft (shaft, Col. 2, line 62) so that rotation (via 21) of the fan drive shaft (shaft, Col. 2, line 62) causes the fan blade assembly (fan blades, Col. 2, line 62) to rotate (“when the DC motor 21 is activated by application of a DC voltage, it spins the fan blades 19”, Col. 2, lines 62 and 66-67); wherein
the motor (21) and the fan blade assembly (fan blades, Col. 2, line 62) are disposed within (as illustrated in Figure 1) the housing (14, 16) and configured to draw air (“draws air from the attic below”, Col. 3, line 1; as illustrated by air flow arrow in Figure 1) from the attic space (interior space of the attic) into the housing (14, 16) through the inflow end (the bottom end of 14 connected to the roof, as illustrated in Figure 1) and to exhaust air out of (“exhausts it to the atmosphere, as indicated by arrows 20”, Col. 3, lines 1-2) the attic space (interior space of the attic) through the outflow end (the top end of 14 connected to 16, as illustrated in Figure 1) of the housing (14, 16);
a controller (66) is configured to control (as illustrated in Figure 3) a voltage regulator (voltage regulator, Col. 4, lines 60-62), the voltage regulator (voltage regulator, Col. 4, lines 60-62) configured to be in communication with (as illustrated in Figure 3) the motor (21) to supply DC power (DC power from 49 or 68 fed into 67, as illustrated in Figure 3) based on a predetermined voltage (voltage required to power 21 when 21 is operating, as described in Col. 5, line 14) to the motor (21) to rotate (“fan blades 19 are mounted to the shaft of the DC motor 21”, Col. 2, line 62; “when the DC motor 21 is activated by application of a DC voltage, it spins the fan blades 19”, Col. 2, lines 66-67) the fan drive shaft (shaft, Col. 2, line 62) at a desired speed (the speed in which 21 rotates the shaft) at a desired fan speed (the speed in which 21 rotates the shaft);
a voltage converter (68; “household current converted to DC by the DC power supply”, Col. 5, lines 38-39) configured to be connected (as illustrated in Figure 3) to AC power (“household AC electrical supply via 32”, Col. 4, line 65) from an electrical utility power grid (the utility power grid that supplies the household AC), the voltage converter (68) configured to convert (“household current converted to DC by the DC power supply”, Col. 5, lines 38-39) the AC power (“household AC electrical supply via 32”, Col. 4, line 65) to DC power (DC power supplied by 68, as illustrated in Figure 3), the volage converter (68) configured to provide (as illustrated in Figure 3) the converted DC Power (DC power supplied by 68, as illustrated in Figure 3) to the voltage regulator (voltage regulator, Col. 4, lines 60-62); and
a solar panel (23) configured to be mounted to (as illustrated in Figure 1, 23 is mounted to the fan via 24, 26) the attic fan (23, 24) the generated DC power (“the panel produces a DC voltage”, Col. 5, lines 9-10) to power (as described in Col. 5, lines 32-48) the motor (21), wherein
the controller (66) is configured case the voltage regulator (voltage regulator, Col. 4, lines 60-62) to control (via 67) an amount of converted voltage (voltage produced from 32) from the converted DC power (DC power supplied by 68, as illustrated in Figure 3) that is provided to the motor (21) based on (the amount of DC power from 68 supplied to 21 is either 100% of the needed voltage or 0% of the needed voltage, depending on the amount generated by 23, as described in Col. 5, lines 4-39) an amount of generated voltage (voltage produced from 23) from the generated DC power (“the panel produces a DC voltage”, Col. 5, lines 9-10) such that the amount of converted voltage (voltage produced from 32) plus (as described in Col. 5, lines 4-39, the voltage produced from 32 supplied to 21 is either 0% or 100%, the voltage produced from 23 supplied to 21 is either 100% or 0%; accordingly, 0% + 100% = predetermined voltage or 100% + 0% = predetermined voltage) the amount of generated voltage (voltage produced from 23) equals the predetermined voltage (voltage required to power 21 when 21 is operating, as described in Col. 5, line 14).
Regarding Claim 10, Boehling shows (Figures 1 and 3):
A temperature sensor (the sensor of the thermostat 69 that senses the temperature in the attic) configured to send an attic temperature signal (signal indicating the attic temperature sent to 69) corresponding to an attic temperature (temperature of the attic) of the attic (attic below 18), wherein the controller (66) is configured to receive the attic temperature signal (signal indicating the attic temperature sent to 69) to determine the attic temperature (temperature of the attic).
Regarding Claim 16, Boehling shows (Figures 1 and 3):
The controller (66) is configured to cause the attic fan (12, 13, and associated components) to operate at (as described in Col. 5, lines 4-39) the generated voltage (voltage produced from 23) without using DC power (DC power converted from AC power) from the voltage converter (68; “household current converted to DC by the DC power supply”, Col. 5, lines 38-39).
Regarding Claim 17, Boehling shows (Figures 1 and 3):
A temperature sensor (the sensor of the thermostat 69 that senses the temperature in the attic) configured to send an attic temperature signal (signal indicating the attic temperature sent to 69) corresponding to an attic temperature (temperature of the attic) of the attic (attic below 18), wherein the controller (66) is configured to:
receive the attic temperature signal (signal indicating the attic temperature sent to 69) to determine the attic temperature (temperature of the attic).
compare the attic temperature (temperature of the attic) to a predetermined temperature (“threshold temperature, which can be adjusted by means of 34”, Col. 5, lines 1-3);
based on a comparison being the attic temperature (temperature of the attic) is greater than (the temperature in the attic is greater than the threshold, as described in Col. 5, lines 5-45) predetermined temperature (“threshold temperature, which can be adjusted by means of 34”, Col. 5, lines 1-3, cause the attic fan (12, 13, and associated components) to operate at the generated voltage (voltage produced from 23); and
based on a comparison being that the attic temperature (temperature of the attic) is less than (“configured to switch to an off condition when the temperature falls below a threshold”, Col. 4, line 65 – Col. 5, line 3) the predetermined temperature (“threshold temperature, which can be adjusted by means of 34”, Col. 5, lines 1-3, cause the attic fan (12, 13, and associated components) to suspend operation.
Regarding Claim 19, Boehling shows (Figures 1 and 3):
The controller (66) is configured to operate the attic fan (12, 13, and associated components) based on a set speed (the set speed of the fan) by a user (the person who purchased the attic fan system selected the system based on the operation speeded needed to maintain their attic temperature, thereby determining the speed in which the system operates).
Regarding Claim 21, Boehling shows (Figures 1 and 3):
A DC circuit powered board (67) configured to be connected to (as illustrated in Figure 3) the voltage converter (68; “household current converted to DC by the DC power supply”, Col. 5, lines 38-39), the DC circuit powered board (67) configured to receive (as illustrated in Figure 3) the converted voltage (voltage produced from 32).
Regarding Claim 22, Boehling shows (Figures 1 and 3):
The voltage regulator (voltage regulator, Col. 4, lines 60-62) is configured to provide (as illustrated in Figure 3) the predetermined voltage (voltage required to power 21 when 21 is operating, as described in Col. 5, line 14) to the motor (21).
Regarding Claim 23, Boehling shows (Figures 1 and 3):
An attic fan system (11) for use with (as described in Abstract) a building structure (building, Abstract) having an attic (attic below 18), the attic fan system (11) comprising:
an attic fan (12, 13, and associated components) comprising:
a housing (14, 16) configured to be connected to (as illustrated in Figure 1) the building structure (building, Abstract) having an attic space (interior space of the attic), the housing (14, 16) comprising an inflow end (the bottom end of 14 connected to the roof, as illustrated in Figure 1) and an outflow end (the top end of 14 connected to 16, as illustrated in Figure 1);
a motor (21) configured to rotate (“fan blades 19 are mounted to the shaft of the DC motor 21”, Col. 2, line 62; “when the DC motor 21 is activated by application of a DC voltage, it spins the fan blades 19”, Col. 2, lines 66-67) a fan drive shaft (shaft, Col. 2, line 62); and
a fan blade assembly (fan blades, Col. 2, line 62) to secure to (as illustrated in Figure 2) the fan drive shaft (shaft, Col. 2, line 62) so that rotation (via 21) of the fan drive shaft (shaft, Col. 2, line 62) causes the fan blade assembly (fan blades, Col. 2, line 62) to rotate (“when the DC motor 21 is activated by application of a DC voltage, it spins the fan blades 19”, Col. 2, lines 62 and 66-67); wherein
the motor (21) and the fan blade assembly (fan blades, Col. 2, line 62) are disposed within (as illustrated in Figure 1) the housing (14, 16) and configured to draw air (“draws air from the attic below”, Col. 3, line 1; as illustrated by air flow arrow in Figure 1) from the attic space (interior space of the attic) into the housing (14, 16) through the inflow end (the bottom end of 14 connected to the roof, as illustrated in Figure 1) and to exhaust air out of (“exhausts it to the atmosphere, as indicated by arrows 20”, Col. 3, lines 1-2) the attic space (interior space of the attic) through the outflow end (the top end of 14 connected to 16, as illustrated in Figure 1) of the housing (14, 16);
a controller (66) configured to cause DC power (DC power from 49 or 68 fed into 67, as illustrated in Figure 3) to be supplied (via 67) to the motor (21) based on a predetermined voltage (voltage required to power 21 when 21 is operating, as described in Col. 5, line 14) to rotate (“fan blades 19 are mounted to the shaft of the DC motor 21”, Col. 2, line 62; “when the DC motor 21 is activated by application of a DC voltage, it spins the fan blades 19”, Col. 2, lines 66-67) the fan drive shaft (shaft, Col. 2, line 62) at a desired speed (the speed in which 21 rotates the shaft);
a voltage converter (68; “household current converted to DC by the DC power supply”, Col. 5, lines 38-39) configured to be connected (as illustrated in Figure 3) to AC power (“household AC electrical supply via 32”, Col. 4, line 65) from an electrical utility power grid (the utility power grid that supplies the household AC), the voltage converter (68) configured to convert (“household current converted to DC by the DC power supply”, Col. 5, lines 38-39) the AC power (“household AC electrical supply via 32”, Col. 4, line 65) to DC power (DC power supplied by 68, as illustrated in Figure 3), the volage converter (68) configured to provide (as illustrated in Figure 3) the converted DC Power (DC power supplied by 68, as illustrated in Figure 3) to power (as described in Col. 5, lines 32-48) the motor (21); and
a solar panel (23) configured to be mounted to (as illustrated in Figure 1, 23 is mounted to the fan via 24, 26) the attic fan (23, 24) [it is noted that the embodiment of Figure 2 illustrates pane 49 being mounted to a roof of the building via 51, 52], the solar panel (23) configured to generate DC power (“the panel produces a DC voltage”, Col. 5, lines 9-10) from solar energy (27), the solar panel (23) configured to provide (as illustrated in Figure 3) the generated DC power (“the panel produces a DC voltage”, Col. 5, lines 9-10) to power (as described in Col. 5, lines 32-48) the motor (21), wherein
the controller (66) is configured to control (via 67) an amount of converted voltage (voltage produced from 32) from the converted DC power (DC power supplied by 68, as illustrated in Figure 3) that is provided to the motor (21) based on (the amount of DC power from 68 supplied to 21 is either 100% of the needed voltage or 0% of the needed voltage, depending on the amount generated by 23, as described in Col. 5, lines 4-39) an amount of generated voltage (voltage produced from 23) from the generated DC power (“the panel produces a DC voltage”, Col. 5, lines 9-10) such that the amount of converted voltage (voltage produced from 32) plus (as described in Col. 5, lines 4-39, the voltage produced from 32 supplied to 21 is either 0% or 100%, the voltage produced from 23 supplied to 21 is either 100% or 0%; accordingly, 0% + 100% = predetermined voltage or 100% + 0% = predetermined voltage) the amount of generated voltage (voltage produced from 23) equals the predetermined voltage (voltage required to power 21 when 21 is operating, as described in Col. 5, line 14).
Regarding Claim 24, Boehling shows (Figures 1 and 3):
The controller (66) is configured to control (as illustrated in Figure 3) a voltage regulator (voltage regulator, Col. 4, lines 60-62), the voltage regulator (voltage regulator, Col. 4, lines 60-62) configured to be in communication with (as illustrated in Figure 3) the motor (21) to supply the DC power (DC power from 49 or 68 fed into 67, as illustrated in Figure 3) to the motor (21) based on the predetermined voltage (voltage required to power 21 when 21 is operating, as described in Col. 5, line 14).
Allowable Subject Matter
Claims 1 – 8 are allowed.
Regarding Claim 1, the closest prior art is Boehling et al. (U.S. Patent No. 8,915,778). Please see the rejections of the claims (specifically Claims 9 and 17) above for what Boehling teaches.
However, Boehling lacks teaching the predetermined voltage comprises a first predetermined voltage, a second predetermined voltage, and a third predetermined voltage, wherein the first predetermined voltage is less than the second predetermined voltage, and the second predetermined voltage is less than the third predetermined voltage, wherein the desired fan speed comprises a first desired fan speed, a second desired fan speed, and a third desired fan speed, wherein the first desired fan speed is less than the second desired fan speed, and the second desired fan speed is less than the third desired fan speed, and wherein controller is configured to: compare the attic temperature to a first predetermined temperature, a second predetermined temperature, and a third predetermined temperature, wherein the first predetermined temperature is less than the second predetermined temperature, and the second predetermined temperature is less than the third predetermined temperature; based on a comparison being that the attic temperature is between the first predetermined temperature and the second predetermined temperature, cause the attic fan to operate at the first predetermined voltage to operate the attic fan at the first desired fan speed for the attic fan to operate on generated DC power when the amount of generated voltage is less than the second predetermined voltage; based on a comparison being that the attic temperature is between the second predetermined temperature and the third predetermined temperature, cause the attic fan to operate at the second predetermined voltage to operate the attic fan at the second desired fan speed for the attic fan to operate on generated DC power when the amount of generated voltage is less than the third predetermined voltage; and based on a comparison being that the attic temperature is greater than the third predetermined temperature, cause the attic fan to operate at the third predetermined voltage to operate the attic fan at the third desired fan speed.
It would require impermissible hindsight to modify Boehling accordingly.
Claims 2 – 8 depend on Claim 1.
Claims 11, 12, 13, 14, 15, 18, 20, and 25 are objected to as being dependent on 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.
Regarding Claim 11, Boehling shows the claimed invention except the predetermined voltage comprises a first predetermined voltage, a second predetermined voltage, and a third predetermined voltage, wherein the first predetermined voltage is less than the second predetermined voltage, and the second predetermined voltage is less than the third predetermined voltage, wherein the desired fan speed comprises a first desired fan speed, a second desired fan speed, and a third desired fan speed, wherein the first desired fan speed is less than the second desired fan speed, and the second desired fan speed is less than the third desired fan speed, and wherein the controller is configured to: compare the attic temperature to a first predetermined temperature, a second predetermined temperature, and a third predetermined temperature, wherein the first predetermined temperature is less than the second predetermined temperature, and the second predetermined temperature is less than the third predetermined temperature; based on a comparison being that the attic temperature is between the first predetermined temperature and the second predetermined temperature, cause the attic fan to operate at the first predetermined voltage to operate the attic fan at the first desired fan speed; based on a comparison being that the attic temperature is between the second predetermined temperature and the third predetermined temperature, cause the attic fan to operate at the second predetermined voltage to operate the attic fan at the second desired fan speed; and based on a comparison being that the attic temperature is greater than the third predetermined temperature, cause the attic fan to operate at the third predetermined voltage to operate the attic fan at the third desired fan speed.
Please see the discussion of the allowable subject matter of Claim 1 above for further details.
Claims 12 – 15 depend from Claim 11.
Regarding Claim 18, Boehling shows the claimed invention except a humidity sensor configured to send an attic humidity signal corresponding to an attic humidity of the attic, wherein the controller is configured to: receive the attic humidity signal to determine the attic humidity; compare the attic humidity to a predetermined humidity; based on the comparison being that the attic temperature is less than the predetermined temperature and a comparison being that the attic humidity is greater than the predetermined humidity, cause the attic fan to operate at the generated voltage; and based on the comparison being that the attic temperature is less than the predetermined temperature and a comparison being that the attic humidity is less than the predetermined humidity, cause the attic fan to suspend operation.
Modifying Boehling accordingly requires impermissible hindsight.
Regarding Claim 20, Boehling shows (Figures 1 and 3):
The controller (66) is configured to compare (as described in Col. 5, lines 4-54) the amount of generated voltage (voltage produced from 23) to the predetermined voltage (voltage required to power 21 when 21 is operating, as described in Col. 5, line 14), wherein based on a comparison being that the amount of generated voltage (voltage produced from 23) is greater than (for example, on sunny days) the predetermined voltage (voltage required to power 21 when 21 is operating, as described in Col. 5, line 14, the controller (66) is configured to cause the attic fan (12, 13, and associated components) to operate at the generated voltage (voltage produced from 23).
However, Boehling lacks showing the attic fan is operated at a speed that is greater than the set speed.
Modifying Boehling accordingly requires impermissible hindsight.
Regarding Claim 25, Boehling shows the claimed invention except the predetermined voltage comprises a first predetermined voltage, a second predetermined voltage, and a third predetermined voltage, wherein the first predetermined voltage is less than the second predetermined voltage, and the second predetermined voltage is less than the third predetermined voltage, wherein the desired fan speed comprises a first desired fan speed, a second desired fan speed, and a third desired fan speed, wherein the first desired fan speed is less than the second desired fan speed, and the second desired fan speed is less than the third desired fan speed, and wherein the controller is configured to: compare an attic temperature of the attic to a first predetermined temperature, a second predetermined temperature, and a third predetermined temperature, wherein the first predetermined temperature is less than the second predetermined temperature, and the second predetermined temperature is less than the third predetermined temperature; based on a comparison being that the attic temperature is between the first predetermined temperature and the second predetermined temperature, cause the attic fan to operate at the first predetermined voltage to operate the attic fan at the first desired fan speed; based on a comparison being that the attic temperature is between the second predetermined temperature and the third predetermined temperature, cause the attic fan to operate at the second predetermined voltage to operate the attic fan at the second desired fan speed; and based on a comparison being that the attic temperature is greater than the third predetermined temperature, cause the attic fan to operate at the third predetermined voltage to operate the attic fan at the third desired fan speed.
Please see the discussion of the allowable subject matter of Claim 1 above for further details.
Conclusion
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/DANA K TIGHE/Examiner, Art Unit 3762
/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
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