Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Non-Final Office Action is in Reply to the amendment/request for continued examination (hereinafter “Response”) dated 08/26/2025. Claim(s) 1 and 3-21 are presently pending. Claim(s) 1, 3, and 14 is/are amended. Claim(s) 2 is/have been cancelled. Claim(s) 21 is/are new.
Response to Arguments
Regarding the rejection of claim(s) 1-4, 6, and 7 under 35 USC 103 as being unpatentable over Dong (CN215633886U) in view of Bundgardt (U.S. Pat. No. 5,835,852), of claim(s) 5 under 35 USC 103 as being unpatentable over Dong as modified by Bundgardt and in further view of Yamasaki (WO2008/065932), of claim(s) 8, 11, and 12 under 35 USC 103 as being unpatentable over Dong as modified by Bundgardt and in further view of Yoon (WO2021/133093), of claim(s) 8, 11, and 13 under 35 USC 103 as being unpatentable over Dong as modified by Bundgardt and in further view of Jinshu (CN110841209), of claim(s) 9-10 under 35 USC 103 as being unpatentable over Dong as modified by Bundgardt and Yoon and in further view of Cran (U.S. Pat. Pub. No. 2022/0016448), and of claim(s) 9-10 under 35 USC 103 as being unpatentable over Dong as modified by Bundgardt and Jinshu and in further view of Cran (U.S. Pat. Pub. No. 2022/0016448), the applicant(s) argues that the modification of Dong in view of Bundgardt as proposed by the Office would directly counter a feature of the fan of Dong which is considered by Dong to be essential (the ability of the fan of Dong to be unfolded in a manner in which the first arm and second arm may be flush and in-line with respect to each other), thereby such a modification would not have been obvious.
The Office respectfully considers this argument persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made regarding these claims under 35 USC 103 as being unpatentable over Yoon (WO2021/133093A1) in view of Dong (CN215633886U) and Bundgardt (U.S. Pat. No. 5,835,852), and other references as described below.
Regarding the rejection of claim(s) 14-17 under 35 USC 103 as being unpatentable over Dong in view of Cran, and of claim(s) 19-20 under 35 USC 103 as being unpatentable over Dong as modified by Cran and in further view of Kim (KR102571655), the applicant(s) argues that these references, separately or combined, do not teach that the lamp/light of the proposed combination is configured to emit light through an end of the clip opposite from the airflow outlet, as required by the amended claim 14.
The Office respectfully considers this argument persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made regarding these claims under 35 USC 103 as being unpatentable over Yoon (WO2021/133093A1) as modified by Bundgardt (U.S. Pat. No. 5,835,852), and in further view of Glenn (U.S. Pat. No. 9,631,804 B1).
Claim Rejections - 35 USC § 112
Claims 8-13 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.
Claim 8 introduces the limitation “an airflow outlet”, however “an airflow outlet” is already introduced within claim 1, upon which claim 8 depends. It is therefore unclear whether the “an airflow outlet” of claim 8 refers to a new and different feature to the one introduced in claim 1, or whether these features are the same. The claim is thus rendered indefinite. For examination purposes, the later interpretation is selected as the most likely to represent the applicant(s) intended meaning in light of the specification. Appropriate correction is required. Claims 9-13 are also rendered indefinite by virtue of dependency upon indefinite claim 8.
Related to this problem, claim 8 also defines “an outlet end” of the first arm as being the part of the first arm which comprises the airflow outlet. This definition is the same as the “a first end” of the first arm as defined within claim 1, upon which claim 8 depends. It is thus unclear whether these features refer to different ends and potentially also different outlets, or whether they refer to the same end structure. The claim is thus rendered indefinite. For examination purposes, the later interpretation is selected as the most likely to represent the applicant(s) intended meaning in light of the specification. Appropriate correction is required. Claims 9-13 are also rendered indefinite by virtue of dependency upon indefinite claim 8.
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.
Claim(s) 1, 3-4, 6-8, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (WO2021/133093A1) in view of Dong (CN215633886U) and Bundgardt (U.S. Pat. No. 5,835,852).
Regarding claim 1, Yoon discloses a personal cooling device (portable breathing assistance device 10), comprising: a first arm (first body 100) comprising a fan (fan unit 400), a first end (end comprising outlet 130), a second end (end on contact with flexible connection 600) opposite the first end, and an airflow outlet (discharge unit 130) defined in the first end (see Fig. 2-6, English Translation, pg. 2, para. 4, and pg. 5, para. 5); a second arm (second body 200) comprising a battery (500), a first end (end opposite to the end in contact with flexible connection 600) and a second end (end in contact with flexible connection 600), and pivotably coupled to the first arm by a hinge (flexible connection 600) that is disposed nearer to the second end of the first arm than the first end of the first arm and nearer to the second end of the second arm than the first end of the second arm (see Fig. 2-6, English Translation, pg. 2, para. 4, and pg. 6, para. 4-5); wherein the second arm is biased (via magnetic clamping means 300 – see English Translation, pg. 7, ln 30 – pg. 8, ln 7) relative to the first arm about the hinge to bring the fan and the battery closer together to thereby secure the device to an article by pinching the article between the first arm and the second arm (see Fig. 1-6 and English Translation, pg. 6, ln 22-25).
Here, while Yoon fails to explicitly teach that the fan comprises a centrifugal impeller, it is clear from the depiction of the fan (400) of Yoon in Fig. 5-6 that the fan is configured to comprise a centrifugal impeller, wherein the airflow outlet is configured to direct air radially away from the impeller, such as is commonly used in the art (see Dong, depicting a similar clip-on fan in Fig. 2, comprising a fan unit with centrifugal impeller 2 and outlets 1b configured to direct air radially away from the impeller). It would thus have been obvious to one of ordinary skill in the art to provide the fan of Yoon such that it comprises a centrifugal impeller, wherein the airflow outlet is configured to direct air radially away from the impeller, as is common practice in the art and as is consistent with the depicted configuration of the fan 400 of Yoon.
Yoon also fails to teach that the personal cooling device comprises a spring configured to bias the second arm relative to the first arm about the hinge and configured to secure the device to an article by pinching the article between the first arm and the second arm, wherein: the second arm is biased (via the spring) relative to the first arm about the hinge to bring the fan and the battery closer together and the second ends of the first and second arms extend beyond the hinge such that the first ends of the first and second arms can be forced apart by pinching the second ends of the first and second arms together.
Bundgardt exhibits a clip-on communication device (10), similar in form to the personal cooling device of Yoon, having a first arm (15) and a second arm (20) pivotably coupled to the first arm by a hinge (25) (see Fig. 1 and Col. 3, ln 10-15). Bundgardt teaches that the clip-on communication device may be secured to an article of clothing via an attachment configuration wherein a spring (165) is configured to bias the second arm relative to the first arm about the hinge to bring the first arm and the second arm closer together, thereby pinching the article between the first arm and the second arm (see Fig. 1-8 and Col. 5, ln 22 – Col. 6, ln 35), and wherein the first arm and second arm may each comprise a grip end (inner surface 35 of the first arm and inner surface 90 of the second arm) on the receiving side of the hinge, wherein grip features (65, 120) may be provided on at least a portion of the first arm grip end and second arm grip end, each facing the other of the first arm grip end and second arm grip end, for better securing the device to the article (see Fig. 1 and Col. 4, ln 35-56). Bundgardt further teaches that the second ends of the first and second arms extend beyond the hinge such that the first ends of the first and second arms can be forced apart by pinching the second ends of the first and second arms together (see Fig. 1-8 and Col. 5, ln 66 – Col. 6, ln 26, wherein the second end P-P section of the first arm and the second end Q-Q section of the second arm both extend beyond the hinge, thereby allowing the first ends of the first and second arms to be forced apart by pinching the second ends of the first and second arms together).
It is thus clear that, in addition to exhibiting a device of similar form to the personal cooling device of Yoon, Bundgardt seeks to solve the same problem as that of Yoon – that of enabling a device to be securely clipped-on to an article of clothing. Bundgardt presents an alternative configuration for solving this problem by use of a spring-biased hinge configuration with grip features also provided on the first arm and second arm, rather than by use of magnets as is done in Yoon. It is well within the understanding and routine practice of one of ordinary skill in the art to weigh the benefits of multiple known alternative configurations/techniques for securing a device to clothing, and to select one which may be best suited to the particular design purpose or expected conditions in which the device might be used. As such, based on the teaching and example of Bundgardt, which may be considered analogous art to Yoon, 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 personal cooling device of Yoon by adopting the well-known alternative spring-biased hinge and grip feature attachment configuration taught by Bundgardt in place of the magnetically biased hinge configuration of Yoon, as a routine simple substitution of one known configuration for securing the device to an article of clothing (the spring-biased hinge with grip features of Bundgardt) for another (the magnetically biased hinge of Yoon) in order to obtain a similar predictable result of enabling the personal cooling device of Yoon to clip-on to clothing, but may be better suited to a particular design purpose or expected conditions in which the device might be used. For example, spring-biased hinges of the type taught by Bundgardt are often considered to be suitable for securing a device that is expected to undergo significant vibration, such as may occur during exercise activities. See MPEP 2143(I)(B).
Upon such a modification, Yoon as modified by Bundgardt, comprising a spring-biased hinge in the manner of Bundgardt, thereby exhibits that the personal cooling device comprises a spring configured to bias the second arm relative to the first arm about the hinge and configured to secure the device to an article by pinching the article between the first arm and the second arm, wherein: the second arm is biased (via the spring) relative to the first arm about the hinge to bring the fan and the battery closer together and the second ends of the first and second arms extend beyond the hinge such that the first ends of the first and second arms can be forced apart by pinching the second ends of the first and second arms together.
Regarding claim 3, Yoon further discloses that the first arm comprises an airflow inlet (suction unit 120) disposed in a housing of the first arm and configured to receive air axially relative to the impeller (see Fig. 3-6 and English Translation, pg. 5, para. 4 and pg. 6, para. 1).
Regarding claim 4, Yoon further discloses that the first arm comprises: a volute within which the impeller is disposed (see Fig. 5-6, wherein it is clear that the fan unit 400 comprises a volute, or casing structure, within which the impeller is provided); an airflow inlet disposed in a housing of the first arm and configured to allow air into the volute along an axis of rotation of the centrifugal impeller (see in re claim 3); and an airflow outlet configured to direct air out of the volute and out of the first arm radially relative to the axis of rotation of the centrifugal impeller (see in re claim 1).
Regarding claim 6, Yoon further discloses that the airflow outlet directs a portion of air out of the first arm in an outlet direction (see Fig. 1 and 3-6, and English Translation, pg. 5, para. 5). Yoon fails to teach that the outlet direction comprises both a radial component and an axial component relative to the axis of rotation of the centrifugal impeller.
Dong exhibits a clip-on fan personal cooling device (clip-on mask fan, see Fig. 1-4 and English Translation, pg. 1, ln 5-7 and ln 25-28 and pg. 2, ln 3-5) similar to that of Yoon as modified by Bundgardt, comprising a first arm (first box body Q1) comprising a fan (assembly of centrifugal impeller 2, motor 3, and drive shaft 20) having an airflow outlet (outlets 1b, configured to direct air radially away from the impeller) and an airflow inlet (1a), wherein the fan comprises a centrifugal impeller (2); and a second arm (second box body Q2) comprising a battery (4) and pivotably coupled to the first arm by a hinge (z) (see Fig. 1-4 and English Translation, pg. 1, ln 25 – pg. 2, ln 5). Dong teaches that the airflow outlet may be configured to direct a portion of air out of the first arm in an outlet direction, the outlet direction comprising both a radial component and an axial component relative to the axis of rotation of the centrifugal impeller (see Fig. 2 and English Translation, pg. 5, ln 34 – pg. 6, ln 4). Here it is visually apparent that the outlet 1b is formed as an assembly of curved and elongated holes s which face outward from the first boxy body in a range of directions that includes both radial and axial direction components, in order to allow air to outlet both radially away from the fan impeller. Further, it is clear that the outlet holes s are formed in two sets (an upper set provided on shell 11 and a lower set provided on shell 12) which are positioned as being offset from the axial centerline of the fan impeller on the upper and lower sides, with solid wall material separating the two sets of holes at the centerline. Such a configuration would naturally result in air which is output from the impeller along the impeller axial centerline to be directed axially either upward to the set of holes provided on shell 11 or downward to the set of hole provided on shell 12 when the air reaches this solid wall material. Therefore, each outlet hole directs a portion of air out of the first arm in an outlet direction, the outlet direction of each hole comprising both a radial component and an axial component relative to the axis of rotation of the centrifugal impeller. Dong teaches that such an outlet configuration provides for a smoothly and uniformly distributed outflow of the fan (English Translation, pg. 6, ln 1-4).
Based on the teachings and example of Dong, it would thus have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to modify the airflow outlet of Yoon to be configured in the manner taught by Dong, such that the outlet direction comprises both a radial component and an axial component relative to the axis of rotation of the centrifugal impeller, as taught by Dong, in order to thereby provide for a smoothly and uniformly distributed outflow of the fan, as described by Dong (English Translation, pg. 6, ln 1-4).
Regarding claim 7, Yoon as modified by Dong and Bundgardt exhibits that the axial component of the outlet direction may be considered an outlet axial component, and that the airflow inlet may be configured to allow air into the volute in an inlet direction, wherein the inlet direction comprises an inlet axial component (see Fig. 3 of Yoon, wherein air is inlet to the volute passes through the suction unit 120 in the axial upward direction), and the outlet axial component may be opposite from the inlet axial component (see Fig. 2 of Dong, wherein for the lower set of outlet through holes s provided on the shell 11, the outlet direction of the holes comprises an axial component which is in the axial downward direction as a result of the shaping and positioning of the holes, thus when the outlet of Yoon is configured according to the configuration of Dong, the outlet of Yoon also comprises outlet holes which direct outlet flow to have an axially downward oriented outlet axial component).
Regarding claim 8, Yoon further discloses that the first arm comprises an outlet end (first end in re claim 1, i.e. end comprising outlet 130) and an airflow outlet defined in the outlet end (see in re claim 1, wherein outlet 130 is modified according to the configuration taught by Dong), wherein the airflow outlet is configured to direct air radially away from the impeller (see in re claim 1), and the outlet end is disposed on a receiving side of the hinge (see Fig. 2-6), the second arm comprises a grip end that is on the receiving side of the hinge (see above modification in re claim 1, wherein the attachment configuration of Bundgardt, incorporated into the personal cooling device of Yoon, comprises that the second arm may comprise grip features provided on at least a portion of the inner end of the second arm on the receiving side of the hinge, and therefore may be considered to be a grip end), and the second arm is biased relative to the first arm about the hinge toward decreasing an angle between the first arm and the second arm on the receiving side of the hinge (see above modification in re claim 1, wherein the second arm is biased relative to the first arm about the hinge via a spring, thereby biasing the hinge toward decreasing an angle between the first arm and the second arm on the receiving side of the hinge).
Regarding claim 11, Yoon as modified by Bundgardt further exhibits that both of the first arm and the second arm may comprise a grip facing the other of the first arm and the second arm on the receiving side of the hinge (wherein the attachment configuration of Bundgardt, incorporated into the personal cooling device of Yoon, comprises that both of the first arm and the second arm may comprise a grip feature facing the other of the first arm and the second arm on the receiving side of the hinge).
Regarding claim 12, the attachment configuration of Bundgardt further exhibits that the grip features provided on the first arm are provided on at least a portion of the inner surface of the first arm and may extend within a grip plane parallel to the longitudinal length of the first arm (see Fig. 1 and Col. 4, ln 35-56). It is thus clear that as a result of the above modification of Yoon, wherein the grip features of Bundgardt are provided on the first arm and second arm of Yoon (see in re claim 1), the first arm of Yoon may also comprise grip features that extend along a grip plane (the surface of the first arm which faces the second arm on the receiving side of the hinge and which contacts the mask material). It is also clear that as a result of the above modification of Yoon by Dong (see in re claim 6), the airflow outlet of Yoon would be configured to direct airflow transverse to the grip plane as the airflow exits the personal cooling device (see above modification in re claim 6, and see Fig. 2 of Dong, wherein it is clear that the airflow outlet 1b of the fan directs outlet flow in an outlet direction that includes an axial upward direction component which is transverse to the radial direction plane of the inner surface of the first arm, such a configuration being incorporated into Yoon with the same orientation relative to the inner surface of the first arm – i.e. the grip plane - of Yoon).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon as modified by Dong and Bundgardt according to claim 4 and in further view of Yamasaki (WO2008/065932A1).
Regarding claim 5, Yoon as modified by Dong and Bundgardt according to claim 1 exhibits the personal cooling device of claim 4, wherein the personal cooling device comprises a centrifugal fan as described above, the centrifugal fan comprising a volute (see in re claim 4) within which the impeller of the fan is disposed (see in re claim 4). Yoon fails to teach that the volute is a scroll volute.
Yamasaki exhibits a conventional configuration for a centrifugal fan used in a blower device (see Fig. 1-6 and English Translation, [0001-0004]), such as a personal cooling device similar to that of Yoon. Yamasaki teaches that such centrifugal fans may comprise an impeller (1) disposed within a volute that is a scroll volute (scroll casing 2, see Fig. 1-6, and English Translation, [0002], and [0007]), which is shaped to efficiently convert dynamic pressure of the air output by the impeller of the centrifugal fan to static pressure, thereby improving fan performance while also reducing noise (see English Translation, [0002], and Abstract).
Because Yamasaki describes a conventional configuration for centrifugal fans similar to the centrifugal fan of Yoon, 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 personal cooling device of Yoon such that the volute within which the with the impeller is disposed is a scroll volute, since such shaping of the volute is known in the art to efficiently convert dynamic pressure of the air output by the impeller of the centrifugal fan to static pressure, thereby improving fan performance while also reducing noise, as described by Yamasaki (see English Translation, [0002], and Abstract).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon as modified by Bundgardt and Dong according to claim 11, and in further view of Jinshu (CN110841209B).
Regarding claim 13, Yoon as modified by Bundgardt and Dong according to claim 11 exhibits the personal cooling device of claim 11, wherein the second arm comprises may comprise grip features (see in re claim 1, wherein the attachment configuration of Bundgardt teaches that the second arm may comprise grip features, and this attachment configuration is incorporated into Yoon). While Yoon as modified by Bundgardt does teach that the second arm is biased about the hinge in the direction of bringing the grip of the second arm towards contact with a portion of the outlet end of the first arm (see above modification in re claim 1), Yoon does not teach that a distal end of the grip end of Yoon is further from the hinge than a distal end of the outlet end such that the second arm is biased about the hinge to bring the grip of the second arm into contact with the outlet end.
Jinshu exhibits a clip-on mask fan (10) similar to that of Yoon, comprising a first arm (112) and a second arm (111) coupled to the first arm by a hinge (flexible bend forming clamping space 113), wherein the second arm is biased relative to the first arm about the hinge and configured to secure the device to an article by pinching the article between the first arm and the second arm (see Fig. 1-7 and English Translation, pg. 4, ln 20-35). Jinshu teaches that the second arm comprises a grip end that is on the receiving side of the hinge, comprising grip teeth (clamping teeth 114), in order to improve the stability of the connection between the fan and the mask and allow for quick installation of the mask (English Translation, pg. 4, ln 27-35).
Because both Jinshu and Yoon describe clip-on mask fans, 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 second arm of Dong to include a grip end that is on the receiving side of the hinge, said grip end comprising a grip as taught by Jinshu (clamping teeth), in order to improve the stability of the connection between the fan and the mask and allow for quick installation of the mask, as described by Jinshu (English Translation, pg. 4, ln 27-35). Jinshu further teaches that a distal end of the grip end (end of second arm 111) is further from the hinge than a distal end of the outlet end (end of first arm 112) such that the second arm is biased about the hinge to bring the grip into contact with the outlet end (see Fig. 2, wherein it is visually apparent that the grip end and clamping teeth 114 of the second arm 111 extend beyond the distal end of the first arm 112 and contact the distal end of the first arm 112). Jinshu further teaches that this is but one of many known configurations, some in which the outlet end of the first arm may extend beyond the distal end of the grip end of the second arm (see Fig. 3) or in which they may be even (see Fig. 4). Since it is clearly known in the art to vary the length of the first arm and second arm relative to each other such that the grip end may be farther, shorter, or even with the outlet end, it follows that one of ordinary skill in the art would have found it obvious to configure the first and second arms such that a distal end of the grip end (end of second arm 111) is further from the hinge than a distal end of the outlet end as a matter of routine design choice, such a choice merely representing a selection of a known configuration from a finite number of options to obtain predictable results. Such a modification would then result in the second arm of Yoon, which is already biased about the hinge, bringing the grip into contact with the outlet end of the first arm, as shown in Jinshu (Fig. 2).
Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as modified by Dong and Bundgardt according to claim 8 and in further view of Cran (U.S. Pat. Pub. No. 2022/0016448 A1).
Regarding claim 9, Yoon as modified by Dong and Bundgardt according to claim 8 exhibits the cooling device of claim 8, wherein the device comprises an outer side (side comprising the surface of the second arm that is opposite to the grip end) that is opposite from the receiving side of the hinge (see Fig. 2-6). Yoon teaches that the personal cooling device may further comprise a switch (710) positioned on an outer surface of the second arm (see Fig. 2 and English Translation, pg. 8, para. 6). Yoon fails to teach a light configured to direct light from the outer side.
Cran exhibits a clip-on mask fan similar to that of Yoon (see Fig. 1-4 and [0083-0086]). Cran teaches that the exterior surface of the clip-on mask fan on the outer side of the device, opposite to the surface contacting the mask, may comprise the control switch (4) and may also comprise a status indicator light (5) configured to direct light from the outer side (see Fig. 1-4 and [0088-0089]), in order to relate operational information to the user, such as fan activation, battery charge status, or fan speed ([0089]).
Because both Yoon and Cran describe clip-on mask fans, 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 second arm of Yoon to include the switch (710) and a light configured to direct light from the outer side, specifically the surface of the second arm that is opposite to the grip end, in order to allow the user to easily manipulate the switch and receive operational information via the light, such as fan activation, battery charge status, or fan speed, as described by Cran ([0089]). Orienting both the switch and light as facing outward from the article of clothing trapped by the grip end has clear advantages of easy user access and visibility (whether direct or in a mirror).
Regarding claim 10, the proposed combination exhibits that the second arm comprises a lamp end (outer side surface identified above) opposite from the grip end, and the light is directed through the lamp end (see in re claim 9).
Claim(s) 14-17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Bundgardt and Glenn (U.S. Pat. No. 9,631,804 B1).
Regarding claim 14, Yoon may be modified according to the teachings of Bundgardt in the same manner as described above in re claim 1 above. Upon such a modification, Yoon exhibits a personal cooling device (10), comprising: a housing (assembly of the outer shell/casing 110 of the first arm 100, the outer shell/casing 210 of the second arm 200, and the hinge portion, which is formed as taught by Bundgardt – see above modification in re claim 1); a clip defined at least partially by the housing and configured to receive a portion of a garment to releasably secure the housing to the garment (see in re claim 1, wherein the spring-biased attachment configuration taught by Bundgardt is incorporated into Yoon, thereby configuring the first arm, second arm, and hinge of Yoon to act as a clip for receiving a portion of a garment to releasably secure the housing to the garment), the clip comprising a first arm (100) and a second arm (200) coupled by a pivoting mechanical hinge (see in re claim 1); and a fan (400) configured to draw air through an inlet (120) in the housing in an inlet direction (axially upward relative to the axis of rotation of the fan, see in re claim 3) and expel the air in an outlet direction (radially outward relative to the axis of rotation of the fan) that is transverse to the inlet direction (see Fig. 1-3 of Yoon, and English Translation, pg. 5, para. 5); wherein the clip comprises an airflow outlet (see in re claim 1), and the fan is configured to expel the air through the airflow outlet in the outlet direction (see in re claim 1); and wherein the first arm comprises the fan (see in re claim 1) and the second arm comprises a battery (see in re claim 1).
Yoon fails to teach a lamp positioned at an opposite end of the personal cooling device from the fan, wherein the lamp is configured to emit light through an end of the clip opposite from the airflow outlet and in a direction opposite from the outlet direction.
Glenn exhibits a clip-on fan personal cooling device (110, see Fig. 5-8) similar to that of Yoon, comprising a first arm (152) and a second arm (112) coupled by a pivoting mechanical hinge (see Fig. 5-8), wherein a fan (118) is provided in the first arm having a variable outlet direction that may be oriented in parallel to the direction of extension of the second arm from the hinge (see Fig. 5 and 7, and Col. 5, ln 18-23), and a second arm (112) within which a battery is provided (Col. 5, ln 23-26). Glenn teaches that such a device may advantageously include lamps (124) positioned at the end of the second arm adjacent to the hinge, wherein the lamp is configured to emit light through that end of the clip and in a direction opposite from the outlet direction of the fan (see Fig. 5 and 7, and Col. 5, ln 6-26). Here, it is clear that the lights 124, being provided in the end of the second arm adjacent to the hinge, are configured to emit light through that end in the direction opposite to the extension of the second arm from the hinge, and therefore opposite to the outlet direction of the fan in Fig. 5 and 7. Glenn teaches that a clip-on fan device, such as that of Glenn or Yoon, may be improved by the inclusion of such a light in order to solve the problem of providing artificial light useful to the user in a hands-free manner (Col. 2, ln 1-48).
Based on the teachings and example of Glenn, it would have been obvious to one of ordinary skill in the art to modify the personal cooling device of Yoon to include lamps positioned at the end of the second arm of Yoon adjacent to the hinge, in the manner taught by Glenn, whereupon the lamp would be configured to emit light through that end of the clip (the end opposite to the airflow outlet) and in a direction opposite from the outlet direction of the fan (see Fig. 2-6 of Yoon, wherein it is clear that a lamp positioned at the end of the second arm of Yoon would emit light through that end in the direction opposite to the extension of the second arm from the hinge, and therefore opposite to the outlet direction of the fan), in order to solve the problem of providing artificial light useful to the user in a hands-free manner, as described by Glenn (Col. 2, ln 1-48).
Regarding claim 15, Yoon further discloses that the first arm and the second arm each comprise a respective end spaced from the hinge (see Fig. 2-4, wherein the outlet end of the first arm and the corresponding end of the second arm are each spaced from the hinge), a receiving direction along which a garment may travel to be securely received in the clip extends through a point between the respective ends of the first arm and the second arm toward the hinge (see Fig. 2-6, wherein a garment may travel from these ends to the hinge in order to thereby be clamped between the first arm and the second arm), and an angle defined between the receiving direction and the outlet direction is at least 90° (see Fig. 1-6; here it is visually apparent that the receiving direction, which extends from the ends spaced from the hinge, as identified above, to the hinge extends opposite to the radial direction component of the outlet direction of the fan, therefore, it follows that the angle between the receiving direction and the outlet direction is greater than 90°).
Regarding claim 16, Yoon further discloses that the housing comprises a first portion (outer shell/casing 110 of the first arm 100) and a second portion (outer shell/casing 210 of the second arm 200), wherein the first portion contains the fan and the second portion is movable relative to the first portion (see Fig. 1-6 and see in re claim 1).
Regarding claim 17, Yoon further discloses a controller (PCB board 720) and a switch (710), wherein the switch is coupled to the second portion of the housing (see in re claim 9), and the controller is configured to activate or deactivate the fan in response to actuation of the switch (English Translation, pg. 8, para. 6 – pg. 9, para. 5).
Regarding claim 21, Yoon discloses that the clip comprises a first and a second arm (see in re claims 1 and 14), the first arm being pivotable relative to the second arm (see in re claims 1 and 14), and wherein the airflow outlet is defined in the first arm (see in re claim 1). Upon the above modification in re claim 14, Yoon further discloses that the lamp is positioned in the second arm (see in re claim 14).
Claim(s) 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as modified by Bundgardt and Glenn according to claim 14, and in further view of Kim (KR102571655B1).
Regarding claim 19, Yoon as modified by Bundgardt and Glenn according to claim 14 exhibits the personal cooling device of claim 14, which comprises a controller (PCB board 720) configured to activate or deactivate the fan (English Translation, pg. 8, para. 6 – pg. 9, para. 5). Yoon fails to teach a sensor configured to detect ambient conditions; and that the controller is configured to activate or deactivate the fan in response to the ambient conditions detected by the sensor relative to a predetermined threshold.
Kim exhibits a personal fan device (see Fig. 1 and [0032-0038] of the English Translation), like to Yoon. Kim teaches that such a fan may comprise a controller (160) configured to activate or deactivate the fan (and modulate fan speed) in response to the ambient temperature conditions detected by a thermometer sensor (infrared temperature sensor 140 and other ambient temperature sensors, see [0041]) relative to a predetermined threshold (see [0038], [0041-0047], and [0059-0072]; here the controller can detect, via the temperature sensors, whether the user is present near the fan and if the user or ambient surroundings are above a preset temperature threshold). Kim teaches that such automatic control of the fan provides wind (cooling) suitable for the user without requiring separate manipulation by the user ([0009], thereby allowing hands-free operation.
Because Kim and Yoon both describe personal fan devices with controllers, 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 personal cooling device of Yoon such that the device comprises a thermometer sensor (temperature sensor) configured to detect ambient temperature conditions (of the surroundings or of the user); and such that the controller of Yoon may be configured to activate or deactivate the fan (and modulate fan speed) in response to the ambient conditions detected by the sensor relative to a predetermined threshold (detection of a user being present via body heat or a preset temperature threshold), as taught by Kim, in order to allow for automatic control of the fan to provide wind (cooling) suitable for the user without requiring separate manipulation by the user, as described by Kim ([0009], thereby allowing hands-free operation.
Regarding claim 20, the proposed combination further exhibits that the sensor is a thermometer and the ambient conditions comprise temperature (see in re claim 19).
Allowable Subject Matter
Claim(s) 18 is/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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art cited in this office action and any prior office actions represents the closest art to the claimed invention as found by the examiner. Regarding the above cited claims, none of these references teach or suggest the claimed invention as a whole, and it would not have been obvious to one of ordinary skill in the art at the time of filing to combine teachings from these references to obtain the claimed invention. In support of this finding, a comparison of the present claim limitations to the closest prior art is presented below.
Regarding claim 18, none of the cited references, nor any references discovered during search, teach or suggest the limitations of claim 18, which require a switch configured to detect whether an object is retained by the clip; and a controller configured to activate the fan when the switch detects that an object is retained by the clip. Since these references represent the closest prior art to the claimed configuration, and since no other reference was found by the examiner which discloses or teaches this limitation(s), it is thus concluded that this limitation(s), in combination with the remainder of the claim and all claims upon which it depends, are patentably distinct over prior art.
Conclusion
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/ERIC A LANGE/Examiner, Art Unit 3745
/CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783