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 Arguments
Applicant’s arguments, filed 04/15/2026, with respect to objection of Claim 1 have been fully considered and are persuasive. The objection of Claim 1 has been overcome.
Applicant’s arguments with respect to independent claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. However, upon further consideration, a new ground(s) of rejection is made in view of Dygert (US 20190211843) in view of Acre (US 7789622).
Regarding Claims 8 and 10, based on the amended claim verbiage, Dygert (US 20190211843) discloses the vane insert comprises a second shroud ( shroud of 36; Fig. 1) that is axially aligned with the first shroud such that the central axis of the second shroud is co-axial with the central axis of the second shroud and having a common longitudinal axis of the fan assembly such that the common longitudinal axis would be axially aligned.
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.
Claim 9 is 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.
In Claim 9, the claim verbiage “the leading edge axially aligned with the first shroud at least partially reduces bypass” is indefinite. The leading edge of the first shroud and the second shroud have been previously claimed; thus, it is unclear which leading edge is being referred to in Claim 9.
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 10-15, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dygert (US 20190211843).
In reference to Claim 10
Dygert discloses:
A system for heating, cooling, and/or venting air (” a vane-axial flow fan 10 utilized, for example in a heating, ventilation and air conditioning (HVAC) system as an air handling fan,” [0024]), the system comprising: a vane-axial fan comprising:
a housing (housing made of circumferential outer wall of 16 and 34; Fig. 2) comprising a radial wall (radial wall of housing made of circumferential outer wall of 16 and 34; Fig. 2) that circumscribes an axis associated with the vane-axial fan;
a stator assembly (28) that is coupled to the housing and that comprises one or more rings (as shown in annotated Figure 2 of Dygert);
an impeller (18 fan rotor or impeller) positioned interior to the radial wall and comprising a first shroud (26); and
a vane insert (36) that is removably coupled to the stator assembly and that is positioned interior to the radial wall and between the impeller and the stator assembly, wherein the vane insert comprises a second shroud ( shroud of 36; Fig. 1) that is axially aligned with the first shroud such that the central axis of the second shroud is co-axial with the central axis of the second shroud and having a common longitudinal axis of the fan assembly such that the common longitudinal axis would be axially aligned. [0023-0029] (Fig. 1-4).
In reference to Claim 11
Dygert discloses:
The system of claim 10, wherein: the housing further comprises a shoulder (as shown in annotated Figure 2 of Dygert) that transitions from a first narrower portion (as shown in annotated Figure 2 of Dygert) to a second wider portion (as shown in annotated Figure 2 of Dygert); and the impeller comprises a shroud (26) aligned with the shoulder and positioned within the second wider portion of the housing (Fig. 2).
In reference to Claim 12
Dygert discloses:
The system of claim 11, wherein the first narrower portion (as shown in annotated Figure 2 of Dygert) comprises a bell curve expanding away from the housing. (Fig. 2).
In reference to Claim 13
Dygert discloses:
The system of claim 10, wherein the one or more rings (as shown in annotated Figure 2 of Dygert) of the stator taper towards the axis.
In reference to Claim 14
Dygert discloses:
The system of claim 10, wherein the vane insert comprises vanes comprising a first contour (as shown in annotated Figure 2 of Dygert) and the impeller comprises blades comprising a second contour (as shown in annotated Figure 2 of Dygert), and wherein the first contour comprises a leading edge that corresponds with a trailing edge of the second contour (as shown in annotated Figure 2 of Dygert).
In reference to Claim 15
Dygert discloses:
The system of claim 14, wherein the first contour comprises a convex top face (as shown in annotated Figure 2 of Dygert) oriented towards the impeller, wherein the second contour comprises a convex bottom face (as shown in annotated Figure 2 of Dygert) oriented towards the vane insert, and wherein alignment between the first contour and the second contour at least partially offsets a stall factor [0025, Dygert]. (Fig. 1-4).
In reference to Claim 19
Dygert discloses:
The system of claim 10, wherein:
a mounting bracket (ridges interior on the inner axial flange 24 as shown in Fig. 1-2) is attachable to an inner axial flange (24) of the impeller; and the mounting bracket being attachable to a motor shaft extending through a radial opening of the vane insert.
[0024, Dygert] The fan 10 may be driven by an electric motor 12 connected to the fan 10 by a shaft (not shown), or alternatively a belt or other arrangement. In operation, the motor 12 drives rotation of the fan 10 to urge airflow 14 across the fan 10 and along a flowpath, for example, to and/or from a heat exchanger (not shown). The fan 10 includes a casing 16 with a fan rotor 18, or impeller rotably located in the casing 16. Operation of the motor 12 drives rotation of the fan rotor 18 about a fan axis 20. The fan rotor 18 includes a plurality of fan blades 22 extending from a hub 24 and terminating at a fan shroud 26.
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 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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Dygert (US 20190211843) in view of Acre (US 7789622).
In reference to Claim 1
Dygert discloses:
A vane-axial fan comprising (10): a housing (housing made of circumferential outer wall of 16 and 34; Fig. 2) comprising a radial wall (radial wall of housing made of circumferential outer wall of 16 and 34; Fig. 2) that circumscribes an axis (20) associated with the vane-axial fan; an impeller (18 fan rotor or impeller) positioned interior to the radial wall;
wherein the impeller comprises a first shroud (26) comprising a leading edge (leading edge 26) and a trailing edge (trailing edge of 26; Fig. 2),
and a vane insert (36) that is positioned interior to the radial wall (radial wall of housing made of circumferential outer wall of 16 and 34; Fig. 2) [0023-0029] (Fig. 1-4).
Dygert is silent on the trailing edge of the shroud comprises a lip that extends in a direction outward and away from the axis.
Acre teaches an axial fan (20) comprising a housing (24, Fig. 8) comprising a radial wall (radial wall of 24, 34, 36, 60, 62, 52). Acre teaches an impeller (44) comprises a first shroud (50) comprising a leading edge (leading edge 50) and a trailing edge (trailing edge of 50), the trailing edge of the shroud comprises a lip (64) that extends in a direction outward and away from the axis. Acre teaches a vane insert (30) that is positioned interior to the radial wall (24). (Col. 4, ll. 10-26; Fig. 8).
Based on the teaching of Acre and Dygert, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the trailing edge of the first shroud of Dygert by including a lip that extends in a direction outward and away from the axis as taught by Acre by for providing a seal portion on the impeller shroud ((Col. 4, ll. 10-26; Acre).
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Figure 1: Annotated Figure 2 of Dygert.
In reference to Claim 2
Dygert as modified by Acre discloses:
The vane-axial fan of claim 1, wherein: the housing further comprises a shoulder (as shown in annotated Figure 2 of Dygert) that transitions from a first narrower portion to a second wider portion (as shown in annotated Figure 2 of Dygert); and the first shroud (26) is aligned with the shoulder and positioned within the second wider portion of the housing. (Fig. 1-4).
In reference to Claim 3
Dygert as modified by Acre discloses:
The vane-axial fan of claim 2, wherein the first narrower portion (as shown in annotated Figure 2 of Dygert) comprises a bell curve expanding away from the housing (Fig. 2).
In reference to Claim 4
Dygert as modified by Acre discloses:
The vane-axial fan of claim 2, further comprising a stator assembly (28) that is coupled to the housing and that comprises one or more rings (as shown in annotated Figure 2 of Dygert) that taper towards the axis. (Fig. 1-4).
In reference to Claim 5
Dygert as modified by Acre discloses:
The vane-axial fan of claim 1, wherein the vane insert comprises vanes comprising a first contour (as shown in annotated Figure 2 of Dygert) and the impeller comprises blades comprising a second contour (as shown in annotated Figure 2 of Dygert), and wherein the first contour comprises a leading edge (as shown in annotated Figure 2 of Dygert) that axially aligns with a trailing edge (as shown in annotated Figure 2 of Dygert) of the second contour (Fig. 1-4).
In reference to Claim 6
Dygert as modified by Acre discloses:
The vane-axial fan of claim 5, wherein the first contour (as shown in annotated Figure 2 of Dygert) comprises a convex top face oriented towards the impeller and wherein the second contour (as shown in annotated Figure 2 of Dygert) comprises a convex bottom face oriented towards the vane insert.
In reference to Claim 7
Dygert as modified by Acre discloses:
The vane-axial fan of claim 5, wherein alignment between the first contour and the second contour offsets a stall factor.
[0025, Dygert] Under some operating conditions, airflow 14 exiting the fan rotor 18 and entering the stator assembly 28 has a significant radially outward component that can result in large area of recirculation at an inboard-span portion of the stator assembly 28, which may result in stall of the stator assembly 28. Furthermore, this radially outward flow migration in the axial spacing between the trailing edge of the fan blades 22 and the leading edge of the stator vanes 30 can recirculate radially to the tip of the fan blades 22 at their termination at the fan shroud 26 such that the stall and stall recovery performance of the fan rotor 18 is degraded.
In reference to Claim 8
Dygert as modified by Acre discloses:
The vane-axial fan of claim 1, wherein the vane insert (36) comprises a second shroud (shroud of 36 as shown in Fig. 1) comprising a leading edge that is axially aligned with the first shroud such that the central axis of the second shroud is co-axial with the central axis of the second shroud and having a common longitudinal axis of the fan assembly such that the common longitudinal axis would be axially aligned (Fig. 2).
In reference to Claim 9
Dygert as modified by Acre discloses:
The vane-axial fan of claim 8, wherein the leading edge axially aligned with the first shroud at least partially reduces bypass.(Fig. 2).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Dygert (US 20190211843) in view of Takemoto et al. (US 20110058334, hereinafter: “Takemoto”).
In reference to Claim 16
Dygert discloses:
The system of claim 10. Dygert discloses a fan impeller (26) that is separate from the vane-axial flow fan (10).
Dygert is silent on a second impeller.
Takemoto teaches a fan apparatus (23) that discloses a first impeller (3) which is easy to remove and replace by another impeller having one or more properties that are different from the impeller, wherein the second impeller is interchangeable in the system with the impeller.
[0058, Takemoto] As illustrated in FIG. 11, the frame 441 is arranged to be capable of being horizontally inserted into and removed from the case 41 through the front of the case 41. This enables easy removal of the axial fans 3 from the case 41 to repair any of the axial fans 3 or replace any of the axial fans 3 with another axial fan 3. Note that FIG. 11 illustrates a situation in which the second fan apparatus 44 from the bottom has been drawn slightly out of the case 41. The same is true of other similar figures described below.
Based on the teaching of Takemoto and Dygert, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fan assembly of Dygert by replacing it with a second impeller as taught by Takemoto for the purpose of replacing fan impellers for maintenance or repair.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Dygert (US 20190211843) in view of Takemoto et al. (US 20110058334, hereinafter: “Takemoto”) as applied to claim 16 above, and further in view of Corbett (US 2689906).
In reference to Claim 17
Dygert discloses:
The system of claim 16. Dygert discloses a vane insert (36) that is separate from the vane-axial flow fan (10).
Dygert is silent on a second vane insert.
Corbett teaches an axial fan (10), wherein the fan unit “can be readily disassembled and the various component parts removed for any needed repairs or cleaning” (Col. 2, ll. 20-25).
Based on the teaching of Corbett and Dygert as modified by Takemoto, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fan assembly of Dygert as modified by Takemoto by replacing it with a second vane insert having one or more properties that are different from the vane insert, wherein the second vane insert is interchangeable in the system with the vane insert as taught by Corbett for the purpose of replacing fan assembly parts for maintenance or repair, as it is known in the art.
Allowable Subject Matter
Claim 18 is 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:
Dygert (US 20190211843) is silent on the first lip of the first shroud being axially aligned with the second lip of the second shroud.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYE SU MON HTAY whose telephone number is (571)270-5958. The examiner can normally be reached Monday-Friday, 9:00am-3:00pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Wiehe can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AYE S HTAY/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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