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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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 1 recites the limitation “a structure” in line 4 which is unclear and renders the claim indefinite. It is unclear what is actual structure corresponding to the limitation “a structure”. For examination purposes, the limitation has been interpreted as “a filter”.
Claims 2-20 are rejected by the virtue dependency of the claim 1.
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.
Claim(s) 1, 4, 7-11, 13 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamichi (JP2011202902A).
Regarding claim 1, Nakamichi discloses a fluid transfer apparatus (see figures 1 and 25) comprising:
a fluid passage (the fluid passage which associated with the filter 103 and the fan; see figures 1 and 25);
a transfer section including a motor (the fan motor 104) and an impeller (the blade of the fan) driven by the motor (104; see figure 25), the transfer section being configured to transfer a fluid in the fluid passage (see figure 25);
a structure (the filter 103) disposed in the fluid passage (see figure 25); and
a control device (the control unit) configured to determine whether or not the structure (the filter 103) is in a clogged state, using a physical quantity (the rotation speed of the motor and/or the abnormality of the motor or the blade) obtained from the motor (104) and correlated with a pressure loss (the pressure loss due to the clog of filter) in the fluid passage (the fluid passage which associated with the filter 103 and the fan; abstract, paragraphs 1-2 of page 5 and paragraph 5 of page 14; see figure 25),
at least one of the transfer section (the motor and blade) or the fluid passage being configured to make a proportion of a disturbance (airflow variation due to the signal proportional to the rotation speed) to the physical quantity (abnormality of motor or blade) small (paragraph 6 of page 7 and the last paragraph of page 12).
Regarding claim 7, Nakamichi discloses the disturbance includes an influence of movement of the fluid (the fluid that passing through the fluid passage with the filter 103) from outside to inside of the fluid passage (see figures 25).
Regarding claim 8, Nakamichi discloses at least one of an inlet opening or a blow-out opening (the blow-out opening) of the fluid passage (the fluid passage which associated with the filter and the fan blade) is open upward or downward (figure 1 shows the blow-out opening is open upward; see figures 1 and 25).
Regarding claim 9, Nakamichi discloses at least one of an inlet opening or a blow-out opening (the blow-out opening) of the fluid passage is open toward an indoor space (figure 1 shows the blow-out opening is open toward an indoor space; see figures 1 and 25).
Regarding claim 10, Nakamichi discloses the physical quantity is a degree of deceleration (the decrease of rotation) of the transfer section (the motor and the blade) when the transfer section is coining to a stop (paragraph 1 of page 5).
Regarding claim 11, Nakamichi discloses the control device (the control unit 105) determines that the structure (the filter 103) is in the clogged state when a deceleration time of the transfer section (the motor and the blade 104) as the degree of deceleration is less than a predetermined value (abstract and paragraph 5 of page 14).
Regarding claim 13, Nakamichi discloses at least one of an inlet opening or a blow-out opening (the blow-out opening) of the fluid passage is open toward an indoor space (figure 1 shows the blow-out opening is open toward an indoor space; see figures 1 and 25).
Regarding claim 19, Nakamichi discloses the physical quantity is a degree of deceleration (the decrease of rotation) of the transfer section (the motor and the blade) when the transfer section is coining to a stop (paragraph 1 of page 5).
Regarding claim 20, Nakamichi discloses the physical quantity is a degree of deceleration (the decrease of rotation) of the transfer section (the motor and the blade) when the transfer section is coining to a stop (paragraph 1 of page 5).
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) 4 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamichi.
Regarding claim 4, Nakamichi discloses the disturbance includes an influence of the abnormality of the blade associated with use of the transfer section (the motor and the blade; paragraph 5 of page 14). Though Nakamichi fails to explicitly disclose the disturbance includes an influence of deformation of the impeller, it would have been obvious to one having ordinary skill in the art that the abnormal of the blade is caused by at least any of damage, defect or deformation of the blade.
Regarding claim 16, Nakamichi discloses the physical quantity is a degree of deceleration (the decrease of rotation) of the transfer section (the motor and the blade) when the transfer section is coining to a stop (paragraph 1 of page 5).
Claim(s) 5 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamichi in view of Sato et al. (JP2004198029A).
Regarding claim 5, Nakamichi fails to disclose the impeller is made of resin.
Sato teaches an air conditioner comprising a fan (17) which is formed by a propeller type blower blade (19) made of resin and a brushless DC fan motor (21; paragraph [0020]).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the apparatus of Nakamichi to incorporate resin material for the fan blade as taught by Sato in order to reduce the weight of the blade.
Regarding claim 17, Nakamichi discloses the physical quantity is a degree of deceleration (the decrease of rotation) of the transfer section (the motor and the blade) when the transfer section is coining to a stop (paragraph 1 of page 5).
Allowable Subject Matter
Claims 2-3, 6, 12, 14-15 and 18 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 primary reference Nakamichi taken alone or in combination fails to disclose the claimed bearing loss of the fluid transfer apparatus as required in claim 2 and claimed control operation of the fluid transfer apparatus as required in claims 6 and 12. Also, the prior art of record fails to provide further teachings or motivations to modify the fluid transfer apparatus of Nakamichi in order to arrive the claim invention. Therefore, claims 2-3, 6, 12, 14-15 and 18 are allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KUN KAI MA/Primary Examiner, Art Unit 3763
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