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 Objections
Claims 1, 4, 9, and 11 are objected to because of the following informalities:
Regarding claim 1, lines 6-7 recite, “within the perimeter of the integration flange” and should read “within the perimeter of the planar integration flange” to maintain consistency among antecedents.
Regarding claim 4, lines 2-4 recite, “wherein the integration flange defining a plurality of through holes along the perimeter of the integration flange configured for attachment to a wall board with a wall board compound spread about the integration flange” and should read “wherein the planar integration flange defining a plurality of through holes along the perimeter of the planar integration flange configured for attachment to a wall board with a wall board compound spread about the planar integration flange” to maintain consistency among antecedents.
Regarding claim 9, lines 4-5 recite, “a planar integration flange forming a perimeter of the grille,;” and should likely read, “a planar integration flange forming a perimeter of the grille[[,]];”
lines 6-7 recite, “an insert configured to be removably located within the integration flange;” and should likely read, “an insert configured to be removably located within the planar integration flange” to maintain consistency among antecedents.
Regarding claim 11, lines 2-3 recite, “an integration flange defining a perimeter of the grille,;” and should likely read, “an integration flange defining a perimeter of the grille[[,]];”
lines 7-9 recite, “insert;; and” and should likely read, “insert[[;]]; and”
Appropriate correction is required.
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 1-3, 5-7, 9, 11, 14-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (US PGPUB 2019/0113221 A1).
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Regarding claim 1, Huang et al. discloses an exhaust fan grille (Fig. 3A-3B; Fig. 5A-5B) configured to be located in a ceiling (C) adjacent to an exhaust fan housing (11), the exhaust fan grille comprising:
a planar integration flange (135) forming a perimeter of the grille (Fig. 3A, 135 is shown as the perimeter of the grille);
an insert (131, 13a) configured to be removably located within the perimeter of the integration flange (Fig. 3B);
a light module (13a) configured to engage the insert and define an opening (I) between a perimeter of the light module (Fig. 3A) and the insert such that an exhaust fan (12) can draw air into the fan housing through the opening (¶101 indicates ‘I’ as an air inlet).
Regarding claim 2, Huang et al. discloses all of claim 1 as above, further comprising trim ring (1311) for attachment to the light module.
Regarding claim 3, Huang et al. discloses all of claim 1 as above, further comprising a plurality of receivers (114, Fig. 2; the Examiner respectfully notes that while the extension portions / receivers are explicitly shown in the first embodiment of the disclosure, they are implied to be in the embodiment shown in Fig. 3A-3B through the inclusion of the elastic elements E) in the insert configured to accept and attach to the light module.
Regarding claim 5, Huang et al. discloses all of claim 1 as above, further comprising at least one spring attached to the insert (E) on a first end (Fig. 2; the spring it attached between the fan module 131 and the housing 11; the Examiner respectfully notes that while the extension portions / receivers are explicitly shown in the first embodiment of the disclosure, they are implied to be in the embodiment shown in Fig. 3A-3B through the inclusion of the elastic elements E) and attached to the fan housing on a second end (Fig. 2), wherein the at least one spring applies a force drawing the insert towards the fan housing (¶99).
Regarding claim 6, Huang et al. discloses all of claim 5 as above, wherein the at least one spring includes a first extension spring (E1) and a second extension spring (E2).
Regarding claim 7, Huang et al. discloses all of claim 1 as above, wherein the insert is cylindrical (Fig. 3A-3B; the opening in this case is cylindrical) and maintains an opening between the light module and insert in a uniformly circular shape around a face (133) of the light module (Fig. 3A).
Regarding claim 9, Huang et al. discloses an exhaust fan grille (Fig. 3A-3B; Fig. 5A-5B) configured to be located in a ceiling (C) adjacent to an exhaust fan housing (11), the exhaust fan grille comprising:
an planar integration flange (135) forming a perimeter of the grille (Fig. 3A, 135 is shown as the perimeter of the grille),;
an insert (131, 13a) configured to be removably located within the integration flange (Fig. 3B);
a light module (13a) configured to engage the insert and define an opening (I) between a perimeter of the light module (Fig. 3A) and the insert such that an exhaust fan can draw air into the fan housing through the opening (¶101 indicates ‘I’ as an air inlet); and wherein the light module is configured to be flush (the Examiner notes that the exhaust fan grille of Huang et al. is “having direct contact to; being right next to; or immediately adjacent” [Collins dictionary “flush” definition]. Additionally, the Examiner notes that “flush mounted” appears to be a term of art the merely requires the fixture to abut a surface; see the image of “Flaxmere 12 in. Modern Matte Black Selectable 3CCt Integrated LED Flush Mount for Kitchens or Bedrooms” below) with the ceiling.
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Regarding claim 11, Huang et al. discloses an exhaust fan grille (Fig. 3A-3B; Fig. 5A-5B) comprising:
an integration flange (135) defining a perimeter of the grille (Fig. 3A, 135 is shown as the perimeter of the grille),;
an insert (131, 13A) extending from the integration flange, the insert defining a central portion (Fig. 3A);
a light module (13a) configured to be located within the central portion of the insert flush with the integration flange (the Examiner notes that the exhaust fan grille of Huang et al. is “having direct contact to; being right next to; or immediately adjacent” [Collins dictionary “flush” definition], Fig. 3A and 3B show the light to be coincident with the plane of the flange and is “right next to” or “immediately adjacent”) and defining an opening (I) between the light module and the insert;
; and
wherein the opening between the light module and the insert is configured to allow air to be drawn through the grille (¶101 indicates ‘I’ as an air inlet).
Regarding claim 14, Huang et al. discloses all of claim 11 as above, wherein the insert is cylindrical (Fig. 3A-3B; the opening in this case is cylindrical) and maintains an opening between the light module and insert in a uniformly circular shape around a face (133) of the light module (Fig. 3A).
Regarding claim 15, Huang et al. discloses all of claim 11 as above, further comprising a spring (E) having a first end attached to the insert and a second end configured to be attached to the fan housing (Fig. 2; the spring it attached between the fan module 131 and the housing 11; the Examiner respectfully notes that while the extension portions / receivers are explicitly shown in the first embodiment of the disclosure, they are implied to be in the embodiment shown in Fig. 3A-3B through the inclusion of the elastic elements E).
Regarding claim 17, Huang et al. discloses all of claim 11 as above, the light module is attached to the insert by a plurality of receivers (1312a, “contact portions”, Fig. 3A).
Regarding claim 18, Huang et al. discloses all of claim 11 as above, further comprising a trim ring (1311) for attachment to the light module.
Regarding claim 19, Huang et al. discloses all of claim 15 as above, wherein the spring is configured to bias the insert toward the fan housing (¶99).
Regarding claim 20, Huang et al. discloses all of claim 11 as above, wherein the integration flange is planar (Fig. 3B).
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 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al (US PGPUB 2019/0113221 A1)
Regarding claim 8, Huang et al. discloses all of claim 1 as above.
However, Huang et al. does not explicitly disclose that the embodiment and insert shown in (Fig. 3A-3B) is “rectangularly-shaped and maintains the opening between the light module and insert in a uniformly rectangular shape around a face of the light module”
Huang et al. further discloses other embodiments (such as Figs. 5A-5B) with a rectangular insert, rectangular hole, and an insert (23) that is rectangular.
It would have been obvious to one of ordinary skill in the art before the effective filing date to shape the embodiment shown in Fig. 3A-3B of Huang et al. to be rectangular as shown in at least Figs. 5A-5B of the same, as the only difference between the claimed invention and the embodiments shown in Fig. 3A-3B is the shape; and one of ordinary skill would appreciate that changes in shape constitutes a matter of choice (See MPEP 2144.04 IV. B.), Huang et al. already contemplates rectangular shapes for their fan grilles, and the device would operate in the same fashion regardless of the particular form (e.g., circular or rectangular).
Regarding claim 13, Huang et al. discloses all of claim 11 as above.
However, Huang et al. does not explicitly disclose that the embodiment and insert shown in (Fig. 3A-3B) is “rectangularly-shaped and maintains the opening between the light module and insert in a uniformly rectangular shape around a face of the light module”
Huang et al. further discloses other embodiments (such as Figs. 5A-5B) with a rectangular insert, rectangular hole, and an insert (23) that is rectangular.
It would have been obvious to one of ordinary skill in the art before the effective filing date to shape the embodiment shown in Fig. 3A-3B of Huang et al. to be rectangular as shown in at least Figs. 5A-5B of the same, as the only difference between the claimed invention and the embodiments shown in Fig. 3A-3B is the shape; and one of ordinary skill would appreciate that changes in shape constitutes a matter of choice (See MPEP 2144.04 IV. B.), Huang et al. already contemplates rectangular shapes for their fan grilles, and the device would operate in the same fashion regardless of the particular form (e.g., circular or rectangular).
Claims 4, 10, 12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US PGPUB 2019/0113221 A1) in view of Bruhnke et al. (US Patent 9,765,988 B2).
Regarding claim 4, Huang et al. discloses all of claim 1 as above.
However, Huang et al. does not disclose, teach, or suggest, “wherein the integration flange defining a plurality of through holes along the perimeter of the integration flange configured for attachment to a wall board with a wall board compound spread about the integration flange and into the through holes.”
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Bruhnke et al. teaches, in the field of “dry wall extrusion grilles” a flange (12, 14, 16, 18; Fig. 1) with a plurality of through holes (48) along the perimeter of the flange configured for attachment to a wall board (Col. 3:21-27) with a wall board compound spread about the integration flange and into the through holes (Col. 3:21-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planar integration flange of Huang et al. to have the through holes along the perimeter for attachment to the wall board with wall board compound as taught by Bruhnke et al., and one of ordinary skill would appreciate that, “It is an object of the present invention for the extrusion grille to allow an installer to cut a very rough hole in a wall and slip the extrusion grille frame into the opening. With the design of the present invention there is no routing or recessed cut that is necessary. With the design of the present invention there is no blocking or added wood necessary for attachment to wall. (Col. 2:32-38) and “It is an object of the present invention for the extrusion grille to have a special angled edge that provides a step for a standard spackle knife to rest when a plaster or joint compound is being applied. This creates a crisp, clean line set up for the application of the final skim coat of plaster (joint compound). (Col. 2:62-67)”.
Regarding claim 10, Huang et al. discloses all of claim 9 as above.
However, Huang et al. does not disclose, teach, or suggest, “wherein the planar integration flange is configured for permanent attachment to a wall board with a wall board compound”
Bruhnke et al. teaches, in the field of “dry wall extrusion grilles” a flange (12, 14, 16, 18; Fig. 1) with a plurality of through holes (48) along the perimeter of the flange configured for attachment to a wall board (Col. 3:21-27) with a wall board compound spread about the integration flange and into the through holes (Col. 3:21-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planar integration flange of Huang et al. to have the through holes along the perimeter for attachment to the wall board with wall board compound as taught by Bruhnke et al., and one of ordinary skill would appreciate that, “It is an object of the present invention for the extrusion grille to allow an installer to cut a very rough hole in a wall and slip the extrusion grille frame into the opening. With the design of the present invention there is no routing or recessed cut that is necessary. With the design of the present invention there is no blocking or added wood necessary for attachment to wall. (Col. 2:32-38) and “It is an object of the present invention for the extrusion grille to have a special angled edge that provides a step for a standard spackle knife to rest when a plaster or joint compound is being applied. This creates a crisp, clean line set up for the application of the final skim coat of plaster (joint compound). (Col. 2:62-67)”.
Regarding claim 12, Huang et al. discloses all of claim 11 as above.
However, Huang et al. does not disclose, teach, or suggest, “wherein the integration flange defines a plurality of through holes configured for permanent attachment to a wall board with a compound concealing the through holes.”
Bruhnke et al. teaches, in the field of “dry wall extrusion grilles” a flange (12, 14, 16, 18; Fig. 1) with a plurality of through holes (48) along the perimeter of the flange configured for attachment to a wall board (Col. 3:21-27) with a wall board compound spread about the integration flange and into the through holes (Col. 3:21-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planar integration flange of Huang et al. to have the through holes along the perimeter for attachment to the wall board with wall board compound as taught by Bruhnke et al., and one of ordinary skill would appreciate that, “It is an object of the present invention for the extrusion grille to allow an installer to cut a very rough hole in a wall and slip the extrusion grille frame into the opening. With the design of the present invention there is no routing or recessed cut that is necessary. With the design of the present invention there is no blocking or added wood necessary for attachment to wall. (Col. 2:32-38) and “It is an object of the present invention for the extrusion grille to have a special angled edge that provides a step for a standard spackle knife to rest when a plaster or joint compound is being applied. This creates a crisp, clean line set up for the application of the final skim coat of plaster (joint compound). (Col. 2:62-67)”.
Regarding claim 16, the combination of Huang et al. and Bruhnke et al. teach all of claim 12 as above, wherein the plurality of through holes are dispersed about the integration flange (Bruhnke et al. (Fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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US PGPUB 2020/0158122 A1 discloses a ventilation system.
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KR 101990831 B1 discloses a ceiling type air cleaner equipped with light.
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US PGPUB 2018/0045204 A1 discloses a ceiling pot fan.
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US PGPUB 2017/0307250 A1 discloses an air outlet for a ventilation device.
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KR 101713528 B1 discloses a light and vent combination.
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US PGPUB 2012/0087128 A1 discloses lighting and ventilation system and method.
US PGPUB 2012/0087132 A1 discloses lighting and ventilation system and method.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN C CLARK whose telephone number is (571)272-2871. The examiner can normally be reached Monday - Thursday 0730-1730, Alternate Fridays 0730-1630.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney D Heinle can be reached at (571)-270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN C CLARK/Examiner, Art Unit 3745