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 .
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 6-7 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.
Claims 6 and 7 require “the range hood”, however, the range hood is introduced in claim 1 in an intended use clause, specifically, “being disposed outside of a range body” which does not positively require the range body. Therefore, it is unclear whether the range hood is positively claimed in claims 6 and 7.
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) 1-3 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pal et. al (US 8,593,808 B2).
With respect to claim 1 Pal discloses a relay fan [reference character 10] being disposed outside of a range hood body1, comprising: an air extraction motor including an outer housing [reference character 14] and a motor body [connected to rotor blades 22], wherein the outer housing has a first opening and a second opening opposite to each other, and the motor body is disposed in the outer housing; wherein one end of the motor body has an exhaust outlet corresponding to the second opening [see annotated Fig. below]; a heat dissipation base [reference character 26] disposed on the outer housing of the air extraction motor; and a circuit board [see paragraph 0017] electrically connected to the motor body of the air extraction motor and disposed on the heat dissipation base, such that an airflow of the air extraction motor that is in an operation cools the heat dissipation base, so as to cool the circuit board [see paragraph 0017].
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With respect to claim 2 Pal discloses the outer housing further has a third opening corresponding to the heat dissipation base, and the heat dissipation base is sunken into the outer housing through the third opening [see annotated Fig. below].
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With respect to claim 3 Pal discloses an outer cover [reference character 12] covering a periphery of the circuit board, wherein at least one flow-guiding hole [reference characters 32a, 32b, 32c, 32d] is formed on the outer cover.
With respect to claim 6 Pal discloses a pipe sleeve is disposed on the first opening of the outer housing, such that the first opening is connected to an air duct of the range hood body through the pipe sleeve.
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Allowable Subject Matter
Claims 4-5 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
1 Since the claim is drawn to a fan the limitation “disposed outside a range hood body” is interpreted as intended use, where the fan taught by Pal, being an exhaust fan [see paragraph 0013] could be used to provide suction to a range hood body.
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