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 Arguments
Applicant’s arguments, see page 7, filed August 25th, 2025, with respect to the rejection of Claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. The rejection of Claim 1 under 35 U.S.C. 103 has been withdrawn.
Specifically, Applicant argues that “none of the cited references, alone or in combination, expressly or impliedly teach a first configuration wherein the wheel assembly is configured to be elevated from the ground”. Examiner agrees with Applicant that none of the known prior art teaches the configuration as amended. Therefore, the rejection of Claim 1 under 35 U.S.C. 103 is hereby withdrawn.
Applicant’s arguments, see page 5, filed August 25th, 2025, with respect to the rejection of claims 1-8 under statutory double patenting have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of U.S. Patent No. 11,795,970, Hu (US 20050196290), and Lindberg et al., hereafter Lindberg (US 2954198), under nonstatutory double patenting.
The double patenting rejection has been updated below.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10, 11+16, 3, 4, 5, 7, 6, and 8, respectively, of U.S. Patent No. 11,795,970 in view of Hu (US 20050196290), further in view of Lindberg et al., hereafter Lindberg (US 2954198).
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the prior art patent US 11,384,765 include all the structure of the instant claims, the only difference being that the instant application has the hinge having a first axis of rotation, the second axis of rotation substantially parallel to the first axis of rotation; and a fourth axis parallel to the first axis; and wherein the range of adjustability of the fan in the first configuration is equal to the range of adjustability of the fan in the second configuration. Hu teaches a portable air compressor with a frame including a first portion and second portion interconnected by a hinge (paragraph 0028; Figs. 1, 4A, 4B #2 – low lifting handle and #3 - high lifting handle as first portion and second portion, respectively, connected by hinged formed of upper coupling extremity and lower coupling extremity #31,32), the hinge rotatable about an axis parallel to the wheel axis (Figs. 5A,5B) where in a first configuration, the frame forms a contiguous border around the compressor assembly (Fig. 5B) and in a second configuration, the second portion extends away from the hinge (Fig. 9A), in order to protect the compressor while in the first configuration and provide for carrying and movement of the assembly while in the second configuration (Paragraph 0029). It would have been obvious to a person of ordinary skill in the art that the prior art that patent US 11,384,765 could have had a first axis of rotation, the second axis of rotation substantially parallel to the first axis of rotation, and a fourth axis parallel to the first axis.
Lindberg teaches a portable fan assembly where the fan assembly is connected to the frame by a knob such that the fan assembly can be rotated about a third axis via the knob (column 3, lines 35-60; Figs. 6,7 #62 – knob), in order to angle the fan into any desired position (col. 3, lines 62-66). (Examiner’s note: Examiner is interpreting the range of adjustability of the fan to be the maximum range the fan assembly would be able to rotate when in the first configuration. The range of adjustability would therefore be equal in both configurations). It would have been obvious to a person of ordinary skill in the art that the prior art that patent US 11,384,765 that the range of adjustability of the fan in the first configuration is equal to the range of adjustability of the fan in the second configuration as well, meaning the claims of the instant application are not patentably distinct from the claims of the prior art patents.
Instant Application Claims:
Patent No. 11,795,970 Claims
1. A portable fan comprising: a frame comprising a first frame portion and a second frame portion; a hinge interconnecting the first frame portion and the second frame portion, the hinge having a first axis of rotation; a wheel assembly rotatably interconnected to the first frame portion about a second axis of rotation, the wheel assembly configured to engage the ground, and the second axis of rotation substantially parallel to the first axis of rotation; a fan assembly comprising a motor, the fan assembly rotatably interconnected to the first frame portion about a third axis of rotation, the third axis of rotation substantially orthogonal to the first axis and second axis of rotation; the fan assembly having a range of adjustability about the third axis of rotation; and a fourth axis parallel to the first axis; wherein in a first configuration, the first frame portion and the second frame portion are configured to form a substantially contiguous border around the fan assembly that is radially offset from the fourth axis and the wheel assembly is configured to be elevated from the ground, wherein in a second configuration, the second frame portion is configured to extend away from the hinge in an upward direction, and wherein the range of adjustability of the fan in the first configuration is equal to the range of adjustability of the fan in the second configuration.
10. A portable fan comprising: a frame comprising a first portion and a second portion; a hinge interconnecting the first portion and the second portion; at least one of a frame release or a hinge lock; a wheel assembly interconnected to the first frame portion, the wheel assembly comprising at least one wheel having a first axis of rotation; and a fan assembly comprising a motor, the fan assembly rotatably interconnected to the first portion about a second axis of rotation substantially orthogonal to the first axis of rotation and having a rotational range of about 180 degrees about the second axis of rotation; wherein at least one of the hinge lock or the frame release must be actuated in order to transition the portable fan from a first configuration to a second configuration; wherein in the first configuration, the frame forms a substantially contiguous radial and lateral border around and offset from the fan assembly and the at least one wheel is elevated from the ground, wherein in the second configuration, the second portion is configured to extend away from the first portion, and wherein the at least one wheel is adapted to engage with the ground when the portable fan is rotated about an axis substantially orthogonal to the second axis of rotation.
2. The portable fan of claim 1 further comprising: a power assembly connected to the first frame portion, the power assembly comprising a rechargeable battery holster, an AC power interface, and a control circuit for controlling the supply of electricity to the motor.
11. The portable fan of claim 10 further comprising: a power assembly interconnected to the first portion, the power assembly comprising a battery holster, an AC power interface, and a control circuit for controlling the supply of electricity to the motor; and a first battery dock configured to engage a first battery and the battery holster, wherein the first battery dock is adapted to electrically interconnect the first battery to the control circuit.
16. The portable fan of claim 11, wherein the control circuit is configured to recharge batteries from AC power received through the AC power interface.
3. The portable fan of claim 2 further comprising: a first battery dock having a first side and a second side, the first side configured to matably engage a first battery, and the second side configured to matably engage the battery holster, wherein mating the first battery with the first side of the first battery dock, and mating the second side of the first battery dock with the battery holster, results in the first battery and the control circuit being electrically connected.
3. The portable fan of claim 2 further comprising: a first battery dock configured to engage a first battery and the battery holster, wherein engaging the first battery to the first battery dock and engaging the first battery dock to the battery holster results in electrical interconnection of the first battery and the control circuit.
4. The portable fan of claim 3 further comprising: a second battery dock having a first side and a second side, the first side configured to matably engage a second battery, and the second side configured to matably engage the battery holster, wherein mating the second battery with the first side of the second battery dock, and mating the second side of the second battery dock with the battery holster, results in the second battery and the control circuit being electrically connected.
4. The portable fan of claim 3 further comprising: a second battery dock configured to engage a second battery and the battery holster, wherein engaging the second battery to the second battery dock and engaging the second battery dock to the battery holster results in electrical interconnection of the second battery and the control circuit.
5. The portable fan of claim 4, wherein the control circuit is configured to receive power from the first battery and the second battery.
5. The portable fan of claim 4, wherein the control circuit is configured to receive power from the first battery or the second battery.
6. The portable fan of claim 5, wherein the first battery and the second battery comprise differing power capacities.
7. The portable fan of claim 2, wherein the control circuit is configured to receive power from batteries comprising different power capacities.
7. The portable fan of claim 6, wherein the control circuit is configured to selectively draw power from the first battery and the second battery individually.
6. The portable fan of claim 5, wherein the control circuit is configured to selectively draw power from the first battery and the second battery individually.
8. The portable fan of claim 7, wherein the control circuit is configured to recharge the batteries from AC power received through the AC power interface.
8. The portable fan of claim 2, wherein the control circuit is configured to recharge the batteries from AC power received through the AC power interface.
Thus, it is apparent that the more specific patent claims render obvious the instant application claims. Following the rationale in In re Goodman, cited above, where
applicant has once been granted a patent containing a claim for the specific or narrower
invention, applicant may not then obtain a second patent with a claim for the generic or
broader invention without first submitting an appropriate terminal disclaimer.
Claim Objections
Claim 1 objected to because of the following informalities: In lines 15-16, the limitation “and the wheel assembly is configured to be elevated from the ground” is in brackets, which indicates that this limitation is being removed by amendment. However, this limitation has been newly added into the claim by amendment, and should be underlined rather than in brackets.
Appropriate correction is required.
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 JACKSON GILLENWATERS whose telephone number is (469)295-9151. The examiner can normally be reached 10:00AM-6:00PM ET, M-F.
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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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/JACKSON N GILLENWATERS/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745