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 .
Response to Amendment
The amendment submitted 12/18/2025 has been entered. Claims 1-20 remain pending.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not fully persuasive. The amendments to the claims have changed the scope of the claims necessitating new and modified grounds of rejection. Please see new and modified grounds of rejection below.
The Applicant argues the prior art does not disclose nor teach all limitations of the claims since the prior art does not teach nor suggest, “wherein the apex region is configured to limit rotation of the fan housing relative to the base by interfering with at least one of (i) a portion of the base and (ii) the support surface on which the base rests”. The Examiner respectfully disagrees. As best seen in Figures 3-4 of Yang, the support provides little clearance with the circular portion of the casing and when rotated enough the flat portions will strike the support.
The Applicant further argues the prior art does not disclose nor teach all limitations of the claims since the prior art does not teach nor suggest, “wherein the first and second side base supports each extend upwardly from the bottom portion of the base and are angled inwardly toward the fan housing such that a lateral spacing between the first and second side base supports at the bottom portion of the base is greater than a lateral spacing between the first and second side base supports at a region proximate the fan housing”. The Examiner respectfully disagrees. As best seen in Figure 8 of Yang, rotating supports 210 angle away from the casing going from a location proximate the housing moving downwards towards the support base creating the greater lateral spacing as claimed.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-7, 14-16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipate by US 12071957 to Yang.
Regarding claim 1:
Yang discloses a fan (see title) comprising:
a base (floor stand 202, Fig 8) configured to rest on a support surface (a floor);
a fan housing (casing 102 comprising first and second support covers 1032/1034, Fig 1) rotatably coupled to the base such that the fan housing is rotatable relative to the base (Col 21 Lns 63-64),
wherein the fan housing includes a circular arcuate segment (circular portion extending from line of angle b between a flat section and the circular portion counter clockwise to the next flat portion, Fig 4) that transitions to a first segment and a second segment (flat portions located between circular portion and an arcuate portion proximate outlet 1042, Fig 4),
the first and second segments meeting at an apex region of the fan housing (arcuate portion between and connecting the two flat portions, Fig 4),
wherein the apex region is configured to limit rotation of the fan housing relative to the base by interfering with at least a portion of the base (will collide with support portion shown in cross section in Fig 4);
a blower assembly (volute 104, fan 106 comprising impeller 1064, Figs 1-2) positioned within an interior space of the fan housing (Fig 1),
the blower assembly including at least one motor (driving motor 1062, Fig 6) configured to rotate a blower to produce an air stream (Col 22 Lns 16-18); and
an air outlet (air outlet 1022, Fig 1) in fluid communication with the blower assembly (Fig 1).
Regarding claim 2:
Yang discloses the fan of claim 1.
Yang further discloses wherein the fan further comprises a vertical grill (air passing cover 107 comprising second grid portion 1074 and cover plate 1104, Fig 1) proximate the air outlet (Figs 1/5), wherein the vertical grill comprises a plurality of vertical vane elements that run along the height of the fan housing (Figs 1/8/11).
Regarding claim 3.
Yang discloses the fan of claim 2.
Yang further discloses where the plurality of vertical vane elements extend outwardly from the blower assembly for allowing the air stream to blow out from the fan housing vertically along the height of the fan housing (Fig 5).
Regarding claim 4:
Yang discloses the fan of claim 1.
Yang further discloses wherein the first and segments are flat-shaped (Figs 3-4).
Regarding claim 5:
Yang discloses the fan of claim 1.
Yang further discloses wherein interference occurs at an end-of-travel rotational position of the fan housing relative to the base (such interference must occur as there is not enough gap between the support and the housing to permit full rotation, i.e. a portion of the housing will hit the support and prevent further rotation).
Regarding claim 6:
Yang discloses the fan of claim 1.
Yang further discloses wherein the base includes first and second side base supports (supports 210, Fig 8) inwardly angled towards the fan housing from a bottom portion of the base (Figs 6/8).
Regarding claim 7:
Yang discloses the fan of claim 6.
Yang further discloses where the fan includes a first air intake (left one of outer air inlets 1122 on outer plates 112 i.e. 1132 comprising recessed plate 1124, Figs 1/3) having a plurality of intake apertures (air inlet holes 126, Fig 3) positioned on the first side base support (Figs 1/8) and a second air intake (right one of outer air inlets 1122 on outer plates 112 i.e. 1134 comprising recessed plate 1124, Fig 1) having a plurality of intake apertures (air inlet holes 126, Fig 3) positioned on the second side base support (Figs 1/8), where the first air intake is sunken from the exterior surface of the first side base support (Col 18 Lns 56-57), and wherein the second air intake is sunken from the exterior surface of the second side base support (Col 18 Lns 56-57).
Regarding claim 14:
Yang discloses a fan (see title) comprising:
a base (central part of floor stand 202, Fig 8) having a bottom portion configured to rest on a support surface (a floor),
wherein the base includes first and second side base supports (supports 210 and portion of arms of stand 202 which are vertical and immediately adjacent supports 210, Fig 8) spaced apart to define a space therebetween (Fig 8);
a fan housing (casing 102 having covers 112 comprising first and second support cover 1032/1034) positioned within the space (Figs 7-8/11) and rotatably coupled to the base between the first and second side base supports (Col 21 Lns 63-64, Figs 1/7-8) such that the fan housing is rotatable relative to the base (Col 21 Lns 63-64);
wherein the first and second side base supports each extend upwardly from the bottom portion of the base (Fig 8) and are angled inwardly toward the fan housing (Fig 8) such that a lateral spacing between the first and second side base supports at the bottom portion of the base is greater than a lateral spacing between the first and second side base supports at a region proximate the fan housing (rotating supports 210 angle away from the casing going from a location proximate the housing moving downwards along vertically oriented arm portions towards the angled arms of the support base creating the greater lateral spacing as claimed, Fig 8);
a blower assembly (volute 104, fan 106 comprising impeller 1064, Figs 1-2) positioned within an interior space of the fan housing (Fig 1) and configured to generate an air stream for discharge from the fan housing (Col 13 Lns 54-56); and,
an air outlet (air outlet 1022, Fig 1) in fluid communication with the blower assembly (Figs 1/4).
Regarding claim 15:
Yang discloses the fan of claim 14.
The limitation “wherein the fan housing rotates between 0-180 degrees relative to the base” is a functional limitation and the prior art discloses all structural limitations in the claim therefor the prior art can perform the claimed function and does not distinguish the claimed invention over the prior art, see MPEP 2114.07(II).
Regarding claim 16:
Yang discloses the fan of claim 14.
The limitation “wherein the fan housing rotates 0-270 degrees relative to the base” is a functional limitation and the prior art discloses all structural limitations in the claim therefor the prior art can perform the claimed function and does not distinguish the claimed invention over the prior art, see MPEP 2114.07(II).
Regarding claim 18:
Yang as modified by Tan teaches the fan of claim 14.
Yang further discloses wherein the lateral spacing between the first and second side base supports provides a widened support footprint at the bottom portion of the base (Fig 8).
The limitation “to reduce the risk of the fan tipping” is a functional limitation and the prior art discloses all structural limitations in the claim therefore the prior art can perform the claimed function and does not distinguish the claimed invention over the prior art, see MPEP 2114.07(II).
Regarding claim 19:
Yang as modified by Tan teaches the fan of claim 14.
Yang further discloses:
wherein the fan housing includes a circular arcuate segment (circular portion extending from line of angle b between a flat section and the circular portion counter clockwise to the next flat portion, Fig 4) that transitions to a first segment and a second segment (flat portions located between circular portion and an arcuate portion proximate outlet 1042, Fig 4),
the first and second segments meeting at an apex region of the fan housing (arcuate portion between and connecting the two flat portions, Fig 4),
wherein the apex region is configured to limit rotation of the fan housing relative to the base by interfering with at least a portion of the base (will collide with support portion shown in cross section in Fig 4).
Regarding claim 20:
Yang as modified by Tan teach the fan of claim 14.
Yang further discloses the fan having a cord (wire 2106, Fig 9) for providing power to a motor positioned within the housing (Col 22 Lns 25-29), wherein the cord runs within the interior of the base for connecting to the motor (Col 22 Lns 30-35, Fig 9).
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.
Claim(s) 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 12071957 to Yang.
Regarding claim 8:
Yang discloses a fan (see title) comprising:
a base (stand 202, Fig 8);
a fan housing (casing 102 comprising first and second support covers 1032/1034, Fig 1) coupled to the base (Fig 1);
a blower assembly (volute 104, fan 106 comprising impeller 1064, Figs 1-2) positioned within an interior space of the fan housing (Fig 1),
the blower assembly including at least one motor (driving motor 1062, Fig 6) configured to rotate a blower to produce an air stream (Col 22 Lns 16-18); and
an air outlet (air outlet 1022 of each of 1032 and 1034, Fig 1) in fluid communication with the blower assembly for expelling the air stream (Col 13 Lns 18-19),
wherein the fan housing includes a circular arcuate segment (circular portion extending from line of angle b between a flat section and the circular portion counter clockwise to the next flat portion, Fig 4) and a flat-shaped segment (two flat-shaped segment at the end of which is formed outlet 1042, Fig 4) along a continuous outer surface of the fan housing (Fig 4), and
wherein the air outlet is formed at the flat-shaped segment (Fig 4).
Yang does not disclose wherein the air outlet is formed such that the air stream is expelled from the fan housing through the flat-shaped element.
The Applicant has disclosed no criticality, nor any new or unexpected results, from forming the air outlet such that the air stream is expelled from the fan housing through a flat-shaped element and the prior art would perform the same having an air outlet formed such that the air stream is expelled from the fan housing through a flat-shaped element. Mere changes in shape support a prima facie determination of obviousness, see MPEP 2144.04 (IV)(B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the outlet as disclosed by Yang to be formed such that the air stream is expelled from the fan housing through a flat-shaped element as an obvious matter of design choice, see MPEP 2144.04 (IV)(B).
Regarding claim 9:
Yang teaches the fan of claim 8.
The limitation “where the blower assembly generates airflow between 2200 and 2500 feet per minute” is a functional limitation and the prior art discloses all structural limitations in the claim therefor the prior art can perform the claimed function and does not distinguish the claimed invention over the prior art, see MPEP 2114.07(II).
Regarding the fan of claim 10:
Yang teaches the fan of claim 8.
Yang further discloses wherein the fan includes an air intake (outer air inlets 1122 on outer plates 112 i.e. 1132/1134 comprising recessed plate 1124, Figs 1/3) having a plurality of intake apertures (air inlet holes 126, Fig 3) positioned on the base (Fig 3), wherein the air intake is sunken from the exterior surface of the base (Col 18 Lns 56-57).
Regarding claim 11:
Yang teaches the fan of claim 8.
Yang further discloses wherein the fan housing is rotatably coupled to the base (Col 21 Lns 63-64).
Regarding claim 12:
Yang teaches the fan of claim 8.
The limitation “where the fan housing rotates at least between 0-180 degrees relative to the base” is a functional limitation and the prior art discloses all structural limitations in the claim therefor the prior art can perform the claimed function and does not distinguish the claimed invention over the prior art, see MPEP 2114.07(II).
Regarding claim 13:
Yang discloses the fan of claim 8.
Yang further discloses wherein the circular arcuate segment seamlessly transitions into the flat-shaped segment along a continuous outer surface of the fan housing without an intervening step or discontinuity (Figs 3-4).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 12071957 to Yang in view of US 9504766 to Tan.
Regarding claim 17:
Yang discloses the fan of claim 14.
Yang does not disclose wherein a handle extends around at least one quarter of the circumference of the fan housing.
Tan is also in the field of fans (see abstract) and teaches a blower (6, Fig 3) comprising a fan housing (casing 1, Fig 3), a handle (112, Fig 3) positioned on the fan housing (Fig 1), wherein the handle extends at least one quarter of the circumference of the fan housing (reasonably disclosed in Fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fan housing as disclosed by Yang with the above aforementioned handle as taught by Tan for the purpose of moving the fan housing (Col 4 Lns 21-23).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Justin A Pruitt whose telephone number is (571)272-8383. The examiner can normally be reached T-F 8:30am - 6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN A PRUITT/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745