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 .
Response to Amendment
Applicant’s amendment filed on 23 February 2026 has been entered. Claims 1, 5, 19, and 20 are amended. Claims 1-20 are pending. The amended claims and arguments have overcome each and every 112 rejection and objection set forth in the previous office action. Therefore, the previous 112 rejections and objections are hereby withdrawn.
Applicant's arguments with respect to the rejection(s) of Claims 1-14 and 16-20 under 35 U.S.C. § 102(a)(1) as being anticipated by U.S. Publication No. 2019/0184785 to Stauter have been fully considered but they are not persuasive.
Applicant has contended that Stauter does not disclose a shroud hub configured to receive an electric motor. Examiner does not agree. Stauter teaches a shroud hub 60 configured to receive an electric motor 58 (see Fig. 5).
Applicant further contended that Stauter does not disclose the plurality of struts extending between the shroud hub and at least one strut support member formed on the first sidewall. Examiner does not agree. Stauter teaches the plurality of struts 62 extending between the shroud hub 60 and at least one strut support member 76 formed on the first sidewall 70 (see Fig. 8).
Applicant further contended that Stauter does not disclose a recess formed by removing material from at least one surface of the strut body. Examiner agrees that Stauter does not explicitly disclose forming the recess by removing material. However, such a limitation is considered a product-by-process limitation, and as the determination of patentability is based on the product itself, the structure disclosed anticipates/renders obvious the claimed structure as the disclosed structure appears to be the same or similar to that claimed, see MPEP 2113.
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.
Claims 1-14 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stauter (US 20190184785).
Claim 1 recites “a cooling fan module.” Stauter teaches such a cooling fan module, as will be shown.
Stauter teaches (Figs. 5-9, annotated Fig. 8) a cooling fan module comprising:
a fan assembly including a plurality of fan blades 46 extending from a hub 48 and terminating at a fan ring (outer ring portion of fan shroud 56); and
a shroud 52 having an upstream side and a downstream side (see Fig. 5 and para. 0038), wherein the fan assembly is arranged to move air from the upstream side to the downstream side (see Fig. 5 and para. 0038), wherein the shroud includes,
a first sidewall 70 defining an opening 72 for receiving the fan assembly,
a fan shroud 56 positioned concentrically within the opening (see Fig. 5); and
a shroud hub 60 configured to receive an electric motor 58 (see Fig. 5);
a plurality of struts 62 extending between the shroud hub and at least one strut support member 76 formed on the first sidewall of the shroud;
wherein at least one of the plurality of struts further includes a body having at least one non-continuous portion (annotated A), the non-continuous portion comprising a scalloped-shaped recess (The strut of Stauter has been modified to have a curved profile, thus constituting a “scalloped portion.”) formed by a void formed on at least one of a first surface or a second surface of the body.
The following limitation “formed by a void formed on at least one of a first surface or a second surface of the body” is considered a product-by-process limitation, and as the determination of patentability is based on the product itself, the structure disclosed anticipates/renders obvious the claimed structure as the disclosed structure appears to be the same or similar to that claimed, see MPEP 2113.
PNG
media_image1.png
596
752
media_image1.png
Greyscale
Stauter Annotated Fig. 8
Regarding Claim 2, Stauter teaches (Figs. 5-9) the cooling fan module of claim 1, wherein the at least one non-continuous portion includes a curved profile (see annotated Fig. 8).
Regarding Claim 3, Stauter teaches (Figs. 5-9) the cooling fan module of claim 1, wherein the body of the at least one of the plurality of struts includes a proximal end (connected to hub 60) and a distal end (64) positioned opposite the proximal end, and the non-continuous portion extends at least partially between the proximal end and the distal end of the body (see Figs. 7, 8).
Regarding Claim 4, Stauter teaches (Figs. 5-9) the cooling fan module of claim 1, wherein the body of the at least one of the plurality of struts includes a proximal end and a distal end 64 positioned opposite the proximal end, and the non-continuous portion extends fully between the proximal end and the distal end of the body (see Figs. 7, 8).
Regarding Claim 5, Stauter teaches (Figs. 5-9) the cooling fan module of claim 1, wherein the plurality of struts include a proximal end coupled to the shroud hub and a distal end positioned opposite the proximal end and coupled to at least one strut support member 76 formed on the first sidewall of the shroud.
Regarding Claim 6, Stauter teaches (Figs. 5-9) the cooling fan module of claim 1, wherein each of the plurality of struts includes the body having the at least one non-continuous portion (see Figs. 7, 8).
Regarding Claim 7, Stauter teaches (Figs. 5-9) the cooling fan module of claim 1, wherein the body includes a first surface and a second surface opposite the first surface, and the at least one non-continuous portion is formed in at least one of the first surface or the second surface of the body (see Figs. 7, 8).
Regarding Claim 8, Stauter teaches (Figs. 5-9) the cooling fan module of claim 7, wherein each of the first surface and the second surface include the at least one non-continuous portion (see Figs. 7, 8).
Regarding Claim 9, Stauter teaches (Figs. 5-9) the cooling fan module of claim 1, wherein the body of the at least one of the plurality of struts includes a distal end having a plurality of prongs 76 that extend between the body and the opening of the shroud.
Regarding Claim 10, Stauter teaches (Figs. 5-9) the cooling fan module of claim 9, wherein each of the plurality of prongs further includes a non-continuous prong portion (see Figs. 7, 8, prongs 76 have a curved profile).
Regarding Claim 11, Stauter teaches (Figs. 5-9) the cooling fan module of claim 9, wherein the plurality of prongs include at least a first prong having a first non-continuous prong portion and a second prong having a second non-continuous prong portion, and the first non-continuous prong portion has a first profile that is equal to a second profile of the second non-continuous prong portion (see Figs. 7, 8, prongs 76 appear to have identical first and second prongs).
Regarding Claim 12, Stauter teaches (Figs. 5-9) the cooling fan module of claim 9, wherein the plurality of prongs include at least a first prong having a first non-continuous prong portion and a second prong having a second non-continuous prong portion, and the first non-continuous prong portion has a first profile that is different than a second profile of the second non-continuous prong portion (para. 0041, plurality of pylons, or prongs, 76 having varying contours are within the scope of the disclosure).
Regarding Claim 13, Stauter teaches (Figs. 5-9) the cooling fan module of claim 1, further comprising at least one reinforcement member (76, pylons 76 can be interpreted as reinforcement member) coupled to the body of the at least one of the plurality of struts and extending between the body and the opening of the shroud (see Figs. 7, 8).
Regarding Claim 14, Stauter teaches (Figs. 5-9) the cooling fan module of claim 13, wherein the reinforcement member includes a non-continuous reinforcement portion (see Figs. 7, 8, reinforcement members 76 have a curved profile).
Regarding Claim 16, Stauter teaches (Figs. 5-9) the cooling fan module of claim 14, wherein the non-continuous portion has a first profile and the non-continuous reinforcement portion has a second profile that is different than the first profile of the non-continuous portion (see Figs. 7, 8).
Claim 17 recites “a scalloped portion.” Applicant defines a scalloped portion as “a portion of the body 140 of each of the plurality of struts 134 that has been removed and/or modified” in para. 0037 of Applicant’s specification. The strut of Stauter has been modified to have a curved profile, thus constituting a “scalloped portion.”
Regarding Claim 17, Stauter teaches (Figs. 5-9, annotated Fig. 8) the cooling fan module of claim 1, further comprising a scalloped portion positioned on a first surface (annotated B) of the body that is positioned opposite a second surface (annotated C) of the body on which the non-continuous portion is formed.
Regarding Claim 18, Stauter teaches (Figs. 5-9) the cooling fan module of claim 17, wherein the non-continuous portion of the body is formed, such that the scalloped portion has a profile equal to the profile of the non-continuous portion (see Fig. 8, annotated Fig. 8).
The following limitation “wherein the non-continuous portion of the body is formed by removing the scalloped portion from the body” is considered a product-by-process limitation, and as the determination of patentability is based on the product itself, the structure disclosed anticipates/renders obvious the claimed structure as the disclosed structure appears to be the same or similar to that claimed, see MPEP 2113.
Claim 19 recites “a cooling fan module.” Stauter teaches such a cooling fan module, as will be shown.
Stauter teaches (Figs. 5-9) a cooling fan module comprising:
a fan assembly including a plurality of fan blades 46 extending from a hub 48 and terminating at a fan ring (outer ring portion of fan shroud 56); and
a shroud 52 having an upstream side and a downstream side (see Fig. 5 and para. 0038), wherein the fan assembly is arranged to move air from the upstream side to the downstream side (see Fig. 5 and para. 0038), wherein the shroud includes,
a first sidewall 70 defining an opening 72 for receiving the fan assembly,
a fan shroud 56 positioned concentrically within the opening (Fig. 5);
a shroud hub 60 configured to receive an electric motor 58 (Fig. 5); and
a plurality of struts 62 extending between the fan shroud and the opening defined by the first sidewall;
wherein at least one of the plurality of struts further includes a body having a distal end 64 including a plurality of prongs 76 that extend between the body and the opening of the shroud, and each of the plurality of prongs further includes a non-continuous prong portion (see Figs. 7, 8) formed by a scalloped-shaped (The strut of Stauter has been modified to have a curved profile, thus constituting a “scalloped portion.”) void.
The following limitation “formed by a void” is considered a product-by-process limitation, and as the determination of patentability is based on the product itself, the structure disclosed anticipates/renders obvious the claimed structure as the disclosed structure appears to be the same or similar to that claimed, see MPEP 2113.
Claim 20 recites “a cooling fan module.” Stauter teaches such a cooling fan module, as will be shown.
Stauter teaches (Figs. 5-9) a cooling fan module comprising:
a fan assembly including a plurality of fan blades 46 extending from a hub 48 and terminating at a fan ring (outer ring portion of fan shroud 56); and
a shroud 52 having an upstream side and a downstream side (see Fig. 5 and para. 0038), wherein the fan assembly is arranged to move air from the upstream side to the downstream side (see Fig. 5 and para. 0038), wherein the shroud includes,
a first sidewall 70 defining an opening 72 for receiving the fan assembly,
a fan shroud 56 positioned concentrically within the opening (see Fig. 5);
a shroud hub 60 configured to receive an electric motor 58 (see Fig. 5);
a plurality of struts 62 extending between the shroud hub and at least one strut support member 76 formed on the first sidewall of the shroud; and
at least one reinforcement member 76 coupled to at least one of the plurality of struts and extending between the at least one of the plurality of struts and the opening of the shroud (see Figs. 7, 8);
wherein the at least one of the plurality of struts includes a body having a non-continuous portion (see Figs. 7, 8), the non-continuous portion comprising a recess (curved portion) formed by removing material from at least one of a first surface or a second surface of the body and the reinforcement member includes a non-continuous reinforcement portion.
The following limitation “formed by removing material from at least one of a first surface or a second surface of the body and the reinforcement member includes a non-continuous reinforcement portion” is considered a product-by-process limitation, and as the determination of patentability is based on the product itself, the structure disclosed anticipates/renders obvious the claimed structure as the disclosed structure appears to be the same or similar to that claimed, see MPEP 2113.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Stauter.
Regarding Claim 15, Stauter teaches (Figs. 5-9) the cooling fan module of claim 14.
However, Stauter does not teach the non-continuous portion has a first profile and the non-continuous reinforcement portion has a second profile that is equal to the first profile of the non-continuous portion.
Since Applicant has not disclosed that having the first and second profiles being equal solves any stated problem or is for any particular purpose and it appears that the first and second profiles of Stauter would perform equally well with equal profiles as claimed by Applicant, it would have been an obvious matter of design choice to modify the first and second profiles to be equal.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW BUI whose telephone number is (571) 272-0685. The examiner can normally be reached on 7:30 AM - 4:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached on (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/ANDREW THANH BUI/Examiner, Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745
Prosecution Insights