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 objections
Claims 2, 4, 6-7, 10, 13, are objected to because of the following reasons
These claims recite method steps depending from apparatus claim with negative limitations. Thus, these claims fail to further limit the subject matter of the claim upon which it depends and may violate 35 USC 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends. For example, claim 2 recites “2. The portable fan of claim 1 wherein said connection of said rear grill and said motor assembly is achieved absent the use of tools.”. The method step “connection of said rear grill and said motor” in combination with the negative limitation “is achieved absent the use of tools” fail to provide any structure and/or further limit the subject matter of the independent apparatus claim 1 upon which it depends. Claims 4, 6-7, 10, 13 have similar errors, note claims 10, 13 depend on claim 9. Claim 4 recites “absent the need for an additional movement of said rear grill relative to said motor assembly”; claim 6 recites “absent the use of additional fasteners and/or additional components”; claim 7 recites “absent the use of tools”; claim 10 recites “absent the use of tools”; claim 13 recites “absent the need for an additional movement of said impeller relative to said shaft”.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements or at least to avoid any possible 112(d) rejections.
35 USC 112(b) rejections
Claims 5, 9-23 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 5, 9-23 are rejected because the metes and bounds of the claim cannot be ascertained because of the following reasons.
In claim 5, line 1, the phrase “said connecting features” does not have a clear antecedent basis.
In independent claim 9, lines 6-11, the phrase “a shaft connection feature extending perpendicular to said axis of rotation of said shaft, an impeller of a unitary polymer construction comprising: a hub comprising, a central socket to interface with connecting features of said shaft and said shaft connection feature,” is vague and indefinite. It is unclear the difference between “connecting features of said shaft” and “a shaft connection feature”. The phrase “connecting features of said shaft may be a multiple inclusion of the same claimed element because “a shaft connection feature is already cited on line 6.
In claim 14, line 9, it is unclear what “an outer extent” refers to. Is that extension 118 in figure 2?
For examination purposes the offending limitations above will be interpreted to be:
In claim 5, line 1, the phrase “said connecting features” is interpreted as the connection between the rear grill and the shaft.
In independent claim 9, lines 6-11, the elements “connecting features of said shaft” and “a shaft connection feature” are interpreted as equivalent structures to pin 184.
In claim 14, line 9, the element “an outer extent” is interpreted as extension 118 in figure 2.
35 USC 103 rejections
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable by US RE39,570 (Perella) in view of US 5251281 (Fravel).
Regarding independent claim 1, Perella discloses a portable fan comprising: an air generation assembly comprising: a motor assembly 51 comprising: a housing including connecting features formed integral to said housing, and a shaft 5 extending from said polymer housing, a rear grill 57 comprising a central opening to interface with said connecting features of said polymer housing; a front grill 65 connected to said rear grill; an internal space defined by said rear grill and said front grill; and an impeller 54 connected to said shaft of said motor assembly and located substantially within said internal space, wherein a connection of said rear grill and said motor assembly is achieved absent the use of additional fasteners and/or additional components (tabs 62 connected with slots 74, note figures 2, 4; column 3, lines 19-23 to connect the front grill and the rear grill; also Perella discloses on column 2, lines 40-41 that in figure 1, the rear grill 17 can be mounted on the motor housing 11 without any additional fastener shown in figure 1). Perella does not disclose that motor housing is made from polymer.
Fravel discloses that electric motor 25 has a housing 27 made from durable synthetic polymer (column 2, lines 53-56).
It would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to provide electric motor with polymer housing in Perella as taught by Fravel for the purpose of obtaining a durable and flexible housing.
Regarding claim 2, Perella discloses the portable fan of claim 1 wherein said connection of said rear grill and said motor assembly is achieved absent the use of tools (tabs 62 can slide into the slots 74 without any tools).
Regarding claim 3, Perella discloses the portable fan of claim 1 wherein said motor assembly 51 is located external to said internal space and said shaft 5 extending from said motor assembly is located substantially within said internal space.
Regarding claim 4, Perella discloses the portable fan of claim 1 wherein said motor assembly 51 and said rear grill 57 are connected by a single movement parallel to a central axis of said shaft absent the need for an additional movement of said rear grill relative to said motor assembly.
Regarding claim 5, Perella discloses the portable fan of claim 4 wherein said connecting features comprise multiple radial protrusions (tabs 62) which are moved out of position and subsequently return to position when said rear grill is fully assembled to said motor assembly.
Regarding claim 6, Perella discloses the portable fan of claim 1 wherein said connection of said rear grill 57 and said front grill 65 is achieved absent the use of additional fasteners and/or additional components.
Regarding claim 7, Perella discloses the portable fan of claim 1 wherein said connection of said rear grill 57 and said front grill 65 is achieved absent the use of tools.
Regarding claim 8, Perella discloses the portable fan of claim 1 wherein said connection of said rear grill and said motor assembly includes an indicator to indicate proper assembly and wherein said indicator is a sonic and/or tactile indictor detectable by an end user (when the rear grill 57 slide into the hub, there should be a clicking sound which can be a sonic indicator as claimed).
Allowable Subject Matter and Reasons For Allowance
Claims 9-23 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
In claim 9, the recitation of “a hub comprising, a central socket to interface with connecting features of said shaft and said shaft connection feature, an impeller connection feature located proximate said central socket, and multiple paddles extending radially outward from said hub, wherein a connection of said impeller to said shaft of said motor assembly is achieved absent the use of additional fasteners and/or additional components”; in claim 14, the recitations of “said air generation assembly comprising: a first portion comprising: a first end including an adaptor capable of connecting to said air generation assembly; and a second end, and a second portion comprising: a first end including an adaptor capable of connecting to said second end of said first portion and/or said air generation assembly, and a second end; wherein said second end of said first portion and/or said second end of said second portion can both interface and connect to said center socket of said base” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 9, 14, are neither disclosed by a single prior art reference nor rendered obvious by a combination of prior art references. Thus, claims 9, 14 and their dependent claims are allowable.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6364618, US 6585489, Almanza, Dai, and Zhu disclose portable fans having extensions, and/or rear/front grills with snap-in connections.
Conclusions
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Examiner Nguyen whose telephone number is (571) 272-4861. The examiner can normally be reached on Monday--Thursday from 9:00 AM to 7:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi, can be reached on (571) 270-7878.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG M NGUYEN/Primary Examiner, Art Unit 3746
HOANG NGUYEN
PRIMARY EXAMINER
ART UNIT 3746
Hoang Minh Nguyen
1/7/2026