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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/16/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
The “angle adjustment component” in Claims 10-11 which uses the generic placeholder “component” coupled with functional language without reciting sufficient structure.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitations:
The “angle adjustment component” in Claims 10-11 corresponds to the disclosure in Paragraph 0106 of the Specification which states, “the angle adjustment component 19 may be a hinged support leg as shown in FIG. 8 or may be another component that can implement a support function, which is not limited in the present application.”. Therefore, based on the disclosure and the claims as a whole the examiner interprets the “angle adjustment component” in Claims 10-11 to be a hinge and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(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.
Claims 1-6, 12-13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN-212028120-U to Lu et al. (“Lu”).
As to Claim 1, Lu discloses a misting fan (See Fig. 1), comprising:
a fan assembly (#18) comprising fan blades (See BL in Annotated Fig. 1) and a first electric motor for driving the fan blades to rotate (See Machine Translation of Description Page 1 Paragraph 2disclosing that the fan activates via a switch therefore some electric motor drives the fan blades to rotate);
a body (See BO in Annotated Fig. 1) formed with a first frame for supporting the fan assembly (See F1 in Annotated Fig. 1) and formed with a first accommodation cavity disposed around the fan assembly for water storage (See C1 in Annotated Fig. 2. See Machine Translation of Description Page 3 Paragraph 1 disclosing that #13 is a water storage cavity) wherein, in a circumferential direction, an angle of the first accommodation cavity around the fan assembly is greater than or equal to 180° (See Annotated Fig. 2, C1 substantially surrounds the fan assembly);
a nozzle disposed on the fan assembly and/or the body (See a nozzle made up of #16 and including multiple outlets at #17 disposed on #14 of the body in Fig. 2); and
a pump component (#12) for pumping water in the first accommodation cavity to the nozzle (See Machine Translation of Description Page 2 Paragraph 2 disclosing that #12 is a MINI-120 micro water pump).
As to Claim 2, in reference to the misting fan of Lu as applied to Claim 1 above, Lu further discloses wherein, in the circumferential direction, the angle of the first accommodation cavity around the fan assembly is equal to 360° (See Annotated Fig. 2 and Fig. 3, the first accommodation cavity C1 substantially surrounds the fan assembly such that the angle of the first accommodation cavity around the fan assembly is equal to 360°), and the first accommodation cavity encircles the fan assembly so that the fan assembly is supported by a second frame of a housing of the first accommodation cavity (See F2 in Annotated Fig. 1).
As to Claim 3, in reference to the misting fan of Lu as applied to Claim 1 above, Lu further discloses wherein the nozzle is disposed on a housing of the first accommodation cavity (See #14 in Fig. 2 and See Machine Translation of Description Page 3 Paragraph 1).
As to Claim 4, in reference to the misting fan of Lu as applied to Claim 2 above, Lu further discloses wherein the nozzle is detachable (See Figs. 2-3 and See Machine Translation of Description Page 3 Paragraph 1. The nozzle is configured such that it is capable of being detached from the misting fan by removing #16 from the misting fan).
As to Claim 5, in reference to the misting fan of Lu as applied to Claim 2 above, Lu further discloses wherein the housing of the first accommodation cavity further comprises a nozzle receiving groove matching the nozzle (See #14 in Fig. 2 and See Machine Translation of Description Page 3 Paragraph 1), and, when the nozzle has no need to spray water, the nozzle is received in the nozzle receiving groove and does not protrude from an outer surface of the body (See Figs. 2-3 and Machine Translation of Description Page 3 Paragraph 1. The nozzle is always received in #14 and does not protrude outwardly from the outer external surfaces of the body and is only within internal surfaces of the body).
As to Claim 6, in reference to the misting fan of Lu as applied to Claim 1 above, Lu further discloses wherein the body is further provided with a water filling port (#20) through which water is injected into the first accommodation cavity (See Machine Translation of Description Page 3 Paragraph 1).
As to Claim 12, in reference to the misting fan of Lu as applied to Claim 1 above, Lu further discloses the misting fan comprising a battery assembly (#4) comprising a battery pack for powering the first electric motor (See Machine Translation of Description Page 1 Paragraph 2), wherein the battery pack is detachably connected to the body (See Machine Translation of Description Paragraph 3 disclosing that the battery is fixed by resin glue, therefore the battery pack is capable of being detached from the body if the retaining force of the resin glue is overcome).
As to Claim 13, in reference to the misting fan of Lu as applied to Claim 12 above, Lu further discloses wherein the body is further formed with a second accommodation cavity (See C2A in Annotated Fig. 2), and the battery assembly is disposed in the second accommodation cavity (See Annotated Fig. 2).
As to Claim 16, Lu discloses a misting fan (See Figs. 1-2), comprising:
a fan assembly (#18) comprising fan blades (See BL in Annotated Fig. 1) and a first electric motor for driving the fan blades to rotate (See Machine Translation of Description Page 1 Paragraph 2disclosing that the fan activates via a switch therefore some electric motor drives the fan blades to rotate);
a body (See BO in Annotated Fig. 1) formed with a frame for supporting the fan assembly (See F1 in Annotated Fig. 1) and formed with a first accommodation cavity disposed around the fan assembly for water storage (See C1 in Annotated Fig. 2. See Machine Translation of Description Page 3 Paragraph 1 disclosing that #13 is a water storage cavity) wherein the first accommodation cavity is disposed around the fan assembly (See Fig. 1), and a volume of the first accommodation cavity is less than or equal to 20 L (See Machine Translation of Description Page 1 Paragraphs 2-3 disclosing that the misting fan is a handheld fan, therefore the volume of C1 must be some volume that is less than 20 Liters);
a nozzle disposed on the fan assembly and/or the body (See a nozzle made up of #16 and including multiple outlets at #17 disposed on #14 of the body in Fig. 2); and
a pump component (#12) for pumping water in the first accommodation cavity to the nozzle (See Machine Translation of Description Page 2 Paragraph 2 disclosing that #12 is a MINI-120 micro water pump).
As to Claim 17, in reference to the misting fan of Lu as applied to Claim 16 above, Lu further discloses the misting fan comprising a water inlet pipe (See WIP in Annotated Fig. 2), wherein one end of the water inlet pipe is connected to the first accommodation cavity to acquire water from the first accommodation cavity (See Annotated Fig. 2), and another end of the water inlet pipe is connected to the pump component to receive the water acquired from the first accommodation cavity (See Annotated Fig. 2).
As to Claim 18, in reference to the misting fan of Lu as applied to Claim 16 above, Lu further discloses the misting fan comprising a water outlet pipe (See WOP in Annotated Fig. 2), wherein one end of the water outlet pipe is connected to the pump component to acquire water from the pump component (See Annotated Fig. 2), and another end of the water outlet pipe is connected to the nozzle to provide the water for the nozzle (See Annotated Fig. 2).
As to Claim 19, in reference to the misting fan of Lu as applied to Claim 16 above, Lu further discloses the misting fan comprising a second electric motor for driving the pump component to operate, wherein the second electric motor is configured to drive the pump component to pump the water in the first accommodation cavity to the nozzle (See Annotated Fig. 2 and See Machine Translation of Description Page 2 Paragraph 2 disclosing that #12 is a MINI-120 micro water pump, therefore #12 has an electric motor in it that drives #12 to pump water from C1 to #16).
As to Claim 20, in reference to the misting fan of Lu as applied to Claim 16 above, Lu further discloses wherein the body is further formed with a second accommodation cavity, and the pump component is disposed in the second accommodation cavity (See C2B in Annotated Fig. 2).
Claim Rejections - 35 USC § 103
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.
Claims 7-9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of CN-219550726-U to Chen et al. (“Chen”).
Regarding Claim 7, in reference to the misting fan of Lu as applied to Claim 1 above, Lu does not specifically disclose wherein the first accommodation cavity is made of a light-transmissive material and the first accommodation cavity is configured to display a water storage capacity of the misting fan.
However, Chen discloses, in the same field of endeavor of fluid spraying, a misting fan (See Fig. 1) comprising a first accommodation cavity (#300) that is made of a light-transmissive material (See Machine Translation of Description Page 8 Paragraph 4) and wherein the first accommodation cavity is configured to display a water storage capacity of the misting fan (See Machine Translation of Description Page 8 Paragraph 5 disclosing light #600 applying to #300 which is made of a transparent material).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the misting fan of Lu as applied to Claim 1 above to include the light #600 of Chen and such that the first accommodation cavity is made of a light-transmissive material and the first accommodation cavity is configured to display a water storage capacity of the misting fan, since doing so would yield the predictable result of meeting a user’s lighting needs and improving aesthetics of the misting fan (See Chen Machine Translation of Description Page 8 Paragraphs 4-5).
As to Claim 8, in reference to the misting fan of Lu in view of Chen as applied to Claim 7 above, Lu as modified by Chen further discloses wherein the first accommodation cavity is further configured to scatter a light source to provide regional lighting for a region where the misting fan is located (See Chen Machine Translation of Description Page 8 Paragraphs 4-5).
As to Claim 9, in reference to the misting fan of Lu in view of Chen as applied to Claim 8 above, Lu as modified by Chen further discloses wherein a light-emitting device is disposed at a connection between a housing of the first accommodation cavity and the fan assembly, and the light-emitting device provides, through the first accommodation cavity, the regional lighting for the region where the misting fan is located (See #600 of Chen in Fig. 6 and See Chen Machine Translation of Description Paragraphs 4-5).
Regarding Claim 15, in reference to the misting fan of Lu as applied to Claim 1 above, Lu does not specifically disclose wherein left and right side surfaces of the first accommodation cavity are two planes parallel to each other, and the left and right side surfaces enable the misting fan to be clamped and fixed between a windowsill and a window (See Fig. 2, the sides #10 are not parallel to each other).
However, Chen discloses, in the same field of endeavor of fluid spraying, a misting fan wherein left and right side surfaces of a first accommodation cavity are two planes parallel to each other, and the left and right side surfaces enable the misting fan to be clamped and fixed between a windowsill and a window (See Machine Translation of Description Page 4 Paragraph 6 disclosing that #120 can be rectangular and #300 can be square. If #300 is square then it will have to parallel planes on left and right sides such that the misting fan is capable of being clamped and fixed between a windowsill and a window).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the misting fan of Lu as applied to Claim 1 above such that left and right side surfaces of the first accommodation cavity are two planes parallel to each other, so that the left and right side surfaces enable the misting fan to be clamped and fixed between a windowsill and a window, since doing so would yield the predictable result of having a misting fan having a known shape configuration that can be supported on various sides.
Claims 10-11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of US PGPUB 2005/0006497 A1 to Polak (“Polak”).
Regarding Claim 10, in reference to the misting fan of Lu as applied to Claim 1 above, Lu does not specifically disclose the misting fan comprising an angle adjustment component, wherein the angle adjustment component is disposed on a housing of the first accommodation cavity and configured to adjust an angle at which the misting fan operates.
However, Polak discloses, in the same field of endeavor of fluid spraying, a misting fan (See Fig. 1) comprising an angle adjustment component (#9), wherein the angle adjustment component is disposed on a housing of a first accommodation cavity (#8) and is configured to adjust an angle at which the misting fan operates (See Paragraph 0117).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the misting fan of Lu as applied to Claim 1 above such that the misting fan comprises the angle adjustment component of Polak disposed on a housing of the first accommodation cavity and configured to adjust an angle at which the misting fan operates, since doing so would yield the predictable result of allowing a direction of a stream of misted fluid to be adjusted depending on a target being sprayed (See Polak Paragraph 0117 and Figs. 2A-2B).
As to Claim 11, in reference to the misting fan of Lu in view of Polak as applied to Claim 10 above, Polak further discloses wherein the angle adjustment component enables the misting fan to operate at an angle greater than or equal to 0° and less than or equal to 90° (See Fig. 2A showing an angle in the claimed range).
Regarding Claim 14, in reference to the misting fan of Lu as applied to Claim 1 above, Lu does not specifically disclose wherein the fan assembly further comprises a fan with a diameter greater than or equal to 5 inches and less than or equal to 20 inches.
However, Polak discloses, in the same field of endeavor of fluid spraying, a misting fan (See Fig. 1) comprising a fan assembly (#12) having a fan with a diameter greater than or equal to 5 inches and less than or equal to 20 inches (See Paragraph 0157 disclosing a fan having blades with a diameter of 50 cm, which is less than 20 inches and greater than 5 inches).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the misting fan of Lu as applied to Claim 1 above such that the fan assembly further comprises a fan with a diameter greater than or equal to 5 inches and less than or equal to 20 inches, since doing so would yield the predictable result of producing mist with an air stream having a desired size and speed (See Polak Paragraph 0157).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached at (571)-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN EDWARD SCHWARTZ/Primary Examiner, Art Unit 3752 July 13, 2026
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