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 .
Specification
The objection to the specification is withdrawn in view of the amendments to the written description.
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 1, 2, 6, 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Su et al. (US 2019/0372203 – hereinafter, “Su”).
With respect to claim 1, Su teaches (In Figs 1-5) a system comprising: a fan module (58), a power supply (56), and a housing (12 + 18); wherein the fan module is configured to create a vacuum to draw air through one or more intakes (32, 42, 44, 46, 48, 50, 36) in the housing; wherein the power supply (56) is electrically connected to an AC electrical plug (24) extending from a base portion (18) of the housing (¶ 0051, “The power supply 56 provides power to all of the components and is connected to the electrical plug 24.”); and wherein the housing comprises a continuous gap (34) that is configured as both an air intake and an air exhaust (¶ 0049, “In an embodiment, the vents 30 and the air gap 34 on the side 40 are used for hot air exhaust while the vents 32, the air gap 34 on the other sides 42, 44, 46, 48, 50, and the air gap 36 are used for cold air intake.”).
With respect to claim 2, Su further teaches that the fan module (58) includes a single fan (See Fig 5); and wherein the housing includes an inner casing (60, labeled as 16 in Fig 5); wherein the inner casing includes a first window (Middle opening) and a second window (Right opening) configured to direct air being drawn by the vacuum created by the single fan (See Fig A below).
With respect to claim 6, Su further teaches a heat sink (14); and wherein the first window and the second window are each configured to direct the drawn air to different sides of the heat sink (The first window directs air to a first side of the heat sink and the second window directs air to a second side of the heat sink, see Fig A below).
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With respect to claim 10, Su further teaches that the fan module (58) is coupled to a center portion of the heat sink (14, see Fig 3, see also Fig A above).
With respect to claim 11, Su further teaches wherein the different sides of the heat sink are distal from the center portion (See Fig A above).
Claims 1-2, 6, 8-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Su et al. (US 12,464,680 – hereinafter, “Su-680”).
The applied reference has a common Applicant and Inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
With respect to claim 1, Su-680 teaches (In Figs 1-5) a system comprising: a fan module (58), a power supply (56), and a housing (12 + 18); wherein the fan module is configured to create a vacuum to draw air through one or more intakes (32, 42, 44, 46, 48, 50, 36) in the housing; wherein the power supply (56) is electrically connected to an AC electrical plug (24) extending from a base portion (18) of the housing and wherein the housing comprises a continuous gap (34) that is configured as both an air intake and an air exhaust (Col. 6, ll. 20-23, “In an embodiment, the vents 30 and the air gap 34 on the side 40 are used for hot air exhaust while the vents 32, the air gap 34 on the other sides 42, 44, 46, 48, 50, and the air gap 36 are used for cold air intake.”).
With respect to claim 2, Su-680 further teaches that the fan module (58) includes a single fan (See Fig 5); and wherein the housing includes an inner casing (122); wherein the inner casing includes a first window (124) and a second window (126) configured to direct air being drawn by the vacuum created by the single fan.
With respect to claim 6, Su-680 further teaches a heat sink (14); and wherein the first window and the second window are each configured to direct the drawn air to different sides of the heat sink (Air flows in from the air intakes, through the first and second windows, and into the fan from different sides of the heat sink, see Figs 10-11).
With respect to claim 8, Su-680 further teaches wherein the heat sink (14) comprises a plurality of sink fins (Fins of 60, labeled as 16 in Fig 5); wherein one or more of the plurality of sink fins comprises a fin aperture (Space between the fins).
With respect to claim 9, Su-680 further teaches that the fin aperture is configured to enable drawn air to pass through (Col. 7, ll. 7-10, “The fan module 58 is configured to draw air for the air intake into gaps 70 between a middle enclosure and the top cover 12 and to blow the air exhaust via the fan fins module 60.”).
Claim 1 is are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Su et al. (US 12,016,151 – hereinafter, “Su-151”).
The applied reference has a common Applicant and Inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
With respect to claim 1, Su-151 teaches (In Figs 1-5) a system comprising: a fan module (58), a power supply (56), and a housing (12 + 18); wherein the fan module is configured to create a vacuum to draw air through one or more intakes (32, 42, 44, 46, 48, 50, 36) in the housing; wherein the power supply (56) is electrically connected to an AC electrical plug (24) extending from a base portion (18) of the housing and wherein the housing comprises a continuous gap (34) that is configured as both an air intake and an air exhaust (Col. 5, ll. 55-58, “In an embodiment, the vents 30 and the air gap 34 on the side 40 are used for hot air exhaust while the vents 32, the air gap 34 on the other sides 42, 44, 46, 48, 50, and the air gap 36 are used for cold air intake.”).
Allowable Subject Matter
Claims 3-5, 7,12-15 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 an examiner’s statement of reasons for allowance:
With respect to claims 3-4, 12-15, the allowability resides in the overall structure of the device as recited in dependent claim 3 and at least in part because claim 3 recites, “wherein the first window is configured to direct a first portion of the drawn air in a first direction over a first power supply component; and wherein the second window is configured to direct a second portion of the drawn air in a second direction over a second power supply component”.
The aforementioned limitations in combination with all remaining limitations of claim 3 are believed to render said claim 3 and all claims dependent therefrom patentable over the art of record.
While Su and Su-680 teach many of the limitations of claim 3 as per the above rejections to claim 2, neither Su nor Su-680 nor any other art of record – either alone or in combination – teach or suggest the above-mentioned limitations of claim 3.
With respect to claim 5, the allowability resides in the overall structure of the device as recited in dependent claim 5 and at least in part because claim 5 recites, “further including a middle heat spreader and a bottom heat spreader; wherein the first window is a different size than the second window; and wherein the different size is configured to create an airflow between the middle heat spreader and the bottom heat spreader”.
The aforementioned limitations in combination with all remaining limitations of claim 5 are believed to render said claim 5 and all claims dependent therefrom patentable over the art of record.
While Su and Su-680 teach many of the limitations of claim 5 as per the above rejections to claim 2, neither Su no Su-680 nor any other art of record – either alone or in combination – teach or suggest the above-mentioned limitations of claim 5.
With respect to claim 7, the allowability resides in the overall structure of the device as recited in dependent claim 7 and at least in part because claim 7 recites, “further including a middle heat spreader and a bottom heat spreader; wherein the first window includes a different size than the second window; and wherein the different size is configured to create an airflow in a gap between the middle heat spreader and the bottom heat spreader”.
The aforementioned limitations in combination with all remaining limitations of claim 7 are believed to render said claim 7 and all claims dependent therefrom patentable over the art of record.
While Su and Su-680 teach many of the limitations of claim 7 as per the above rejections to claim 6, neither Su nor Su-680 nor any other art of record – either alone or in combination – teach or suggest the above-mentioned limitations of claim 7.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
With respect to the Applicant’s remarks to claim 1 that, “First, claim 1 recites "a continuous gap that is configured as both an air intake and an air exhaust." For this element, the Examiner relies on the same passage in each reference (Su at ¶0049; Su-680 at col. 6, 11. 20-23; Su-151 at col. 5, 11. 55-58), which describes that the air gap 34 on the side 40 is used for hot air exhaust while the air gap 34 on the other sides 42, 44, 46, 48, 50 is used for cold air intake. By its own terms, the cited passage assigns a single, dedicated function to each side-region of the gap - the region on side 40 exhausts, and the regions on the other sides intake. The passage therefore discloses discrete, single-function gap regions partitioned by side, not a continuous gap that is itself configured to serve as both an air intake and an air exhaust, as claim 1 recites. Because the cited disclosure does not present this element arranged as claimed, none of Su, Su-680, or Su-151 anticipates claim 1 on this basis.” (Present remarks pages 7-8) the Examiner respectfully disagrees and notes that a careful reading of ¶ 0049 of Su, Col. 6, ll. 20-23 of Su-680, and Col. 5, ll. 55-58 of Su-151, in light of cited Figures 1-5 provides for a single continuous air gap (34) which is configured as both an air intake and an air exhaust (“In an embodiment, the vents 30 and the air gap 34 on the side 40 are used for hot air exhaust while the vents 32, the air gap 34 on the other sides 42, 44, 46, 48, 50, and the air gap 36 are used for cold air intake.” (emphasis added). Su ¶ 0050, Su-680 Col. 6, ll. 28-32, and Su-151 Col. 5, ll. 63-67 further explicitly clarifies what is shown in the drawings which is that the gap is a continuous gap (“The top cover 12 can be snapped on the base 18 and can include the air gap 34 which is between the top cover 12 and the base 18. The air gap 34 is around on each side 40-50 and appears decorative or structural, i.e., not like a vent, and is hidden.”). Further, it is respectfully submitted that what is disclosed by Su, Su-680 and Su-151 is nearly identical to what is shown in Figs 2-3 of the present application.
Accordingly, Su, Su-680, and Su-151 are believed to properly teach, “wherein the housing comprises a continuous gap that is configured as both an air intake and an air exhaust” as claimed.
With respect to the Applicant’s additional remarks to claim 1 that, “The cited disclosure establishes, at most, an electrical connection between a power supply and an electrical plug. It does not establish that the plug is an AC electrical plug” (Present remarks page 8) the Examiner respectfully notes that the element cited in the disclosures of Su, Su-680, and Su-151 as being the claimed “AC electrical plug” was element 24 described by each Su as an “electrical plug”. And while there may be no explicit recitation of the electrical plug of each Su being “AC”, there are at least three reasons why element 24 can be identified as an “AC electrical plug”:
¶ 0047 of Su (and similar recitations in Su-680, and Su-151) recites, “The electrical plug 24 provides two functions, namely, to connect electrically to a corresponding electrical outlet and to mechanically support the weight of the wireless access point 10 while plugged into the electrical outlet. Thus, the bottom portion 26 will be disposed adjacent to a corresponding structure (e.g., wall) which has the electrical outlet (not shown). (emphasis added) where this passage infers/implies that the electrical plug is plugged into a traditional AC outlet in a home or commercial building and is thus and “AC electrical plug”;
The plug is pictured as two elongated spaced apart rectangular prongs with holes therein in the figures and one or ordinary skill in the art would recognize this pictorially disclosed plug as being an AC electrical plug; and
the two prong element 24 of each Su looks identical to the two prong element 203 of the present application and in ¶ 0007 of the present written description the two prong element is identified as an “AC electrical plug”.
Accordingly, Su, Su-680, and Su-151 are all believed to teach, “an AC electrical plug”, as claimed.
With respect to the Applicant’s additional remarks to claim 1 that, “The cited disclosure establishes, at most, an electrical connection between a power supply and an electrical plug. It does not establish that…the plug extends from a base portion of the housing” (Present remarks page 8) the Examiner respectfully disagrees. Each of Su, Su-680, and Su-151 discloses that the plug (24) extends from a base portion (26) of the housing (18, See Figs 1-5 of each Su, see also ¶0045 of Su (and corresponding passages of Su-680, and Su-151) which recites, “In FIG. 1, the wireless access point 10 includes the top cover 12 over the base 18 and an electrical plug 24 protruding from a bottom portion 26 of the base 18.”, (emphasis added).
Accordingly, Su, Su-680, and Su-151 are all believed to teach, “an AC electrical plug extending from a base portion of the housing” as claimed.
With respect to the Applicant’s remarks to claim 2 that, “In applying Su against claim 2, the Examiner does not identify an express disclosure of the recited first and second windows, but instead relies on an annotated figure labeling a "Middle opening" and a "Right opening." An annotation supplied to a figure does not establish that the reference discloses the recited first and second windows, arranged as claimed, and Applicant respectfully submits that Su does not anticipate claim 2.” (Present remarks page 8) the Examiner respectfully disagrees and notes that it is well settled that "[d]escription for the purposes of anticipation can be by drawings alone as well as by words." In re Bager, 47 F.2d 951, 953 (CCPA 1931). Even "an accidental disclosure, if clearly made in a drawing, is available as a reference." In re Seid, 161 F.2d 229, 231 (CCPA 1947); (emphasis added); see also In re Meng, 492 F.2d 843, 847 (CCPA 1974) ("We are aware, of course, that a claimed invention may be anticipated or rendered obvious by a drawing in a reference, whether the drawing disclosure be accidental or intentional. But, as the solicitor correctly states, a drawing is available as a reference for all that it teaches a person of ordinary skill in the art."); In re Wagner, 63 F.2d 987, 988 (CCPA 1933) ("[I]f a drawing clearly suggests to one skilled in the art the way in which the result sought is accomplished by a later applicant, it is immaterial whether the prior patentee's showing was accidental or intentional."). There is no requirement that there be an express disclosure (read: explicit recitation in the written description) of the claimed “first window” and “second window”. As to whether or not annotated Fig 5 (Fig A above) of Su in the office action establishes that the reference discloses the recited first and second windows, the Applicant has not provided any argument with respect to why the noted first and second windows in Fig A above are not within the broadest reasonable interpretation for the subject limitations. A mere allegation that a reference does not teach a particular limitation cannot possibly be convincing.
Accordingly, Su is believed to teach the limitations, "a first window and a second window configured to direct air being drawn by the vacuum created by the single fan.", as claimed.
With respect to the Applicant’s remarks to claim 8 that, “Claim 8 recites that "one or more of the plurality of sink fins comprises a fin aperture." For this element, the Examiner (applying Su-680) points to the space between the fins. The space between adjacent fins is not an aperture of a fin; the recited fin aperture is an aperture comprised by a sink fin, not the interstitial gap separating one fin from the next.” (Present remarks pages 8-9) the Examiner respectfully disagrees. Claims must be given their broadest reasonable interpretation in light of the specification (MPEP 2111). Claim 8 finds support in ¶ 0044 of the present written description (“In some embodiments, the heat sink includes one or more fin apertures 701”) and Fig 7 of the drawings. The end of the line for callout 701 (which, again, is described as the “fin aperture” as per ¶ 0044) in Fig 7 appears to point to a space between two fins. Therefore, the broadest reasonable interpretation in view of the specification of a “fin aperture” would include a space between heat sink fins. This is precise what is taught by Su-680 as admitted in the above argument (“For this element, the Examiner (applying Su-680) points to the space between the fins.”).
Accordingly, Su-680 is believed to teach, “wherein one or more of the plurality of sink fins comprises a fin aperture” as claimed.
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 ZACHARY M PAPE whose telephone number is (571)272-2201. The examiner can normally be reached M-F: 9am - 6pm EST.
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/ZACHARY PAPE/Primary Examiner, Art Unit 2841
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