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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 19-26 of U.S. Patent No. 12,253,096. Although the claims at issue are not identical, they are not patentably distinct from each other because ‘096 in claim 19 recites a fan array comprising fan assemblies each including a centrifugal fan with wheel back and a housing with first/second end walls, sidewalls with transition portions, openings, and a continuously curved inner surface. Claim 20 includes the orientation requirement where tangent lines through openings don’t intersect adjacent housings, and claim 21 adds axially offset positions for at least some assemblies – these are obvious variants of “no direct line of sight exists from any point on a first centrifugal fan of a first fan assembly, through the plurality of openings in the housing of the first fan assembly and the plurality of openings in the housing of a second fan assembly, to any point on a second centrifugal fan of the second fan assembly”.
Where the instant claims includes further limitations that aren’t within the explicit claim scope of the parent application would have been obvious: “mounted to a separation wall at a rotational orientation relative to one another” (claims 2-3, 11-12, and 17) is obvious to one of ordinary skill in the art in order to mount the respective fans in the array, typically on a mounting/separation wall, and the structure of the recited limitations in the parent would result in reduced interference between airflow exiting adjacent fan assemblies; “wheel back of centrifugal fan defines an airflow shape that is one of conical, frusto-conical, truncated dome-shaped” (claims 4-6, 13-15, and 18-20) and including a motor therein, particularly an axial flux motor for the purposes of providing a smooth flow and power in order to rotate the fan; the continually curved surface of the centrifugal fan is recited in claim 19 of the parent (matching claims 7-8 and 10).
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.
Claims 1-7, 9, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao (EP 3348840) in view of Gundel (US 10393123).
Regarding claim 1;
Yao discloses a fan array, comprising: a plurality of fan assemblies arranged in an array (see the arran of Yao in Figures 2-9) , each fan assembly including: a centrifugal fan (1, 2, 3); and wherein the plurality of fan assemblies are rotationally arranged such that no direct line of sight exists from any point on a first centrifugal fan of a first fan assembly, through opening in the housing of the first fan assembly and the opening in the housing of a second fan assembly, to any point on a second centrifugal fan of the second fan assembly (see mounting plate 4 whereby adjacent fans are in stepped/axially offset positions with mounting positions 41, 42, 43, Figures 7 and 9).
Yao fails to teach a housing enclosing the centrifugal fan, the housing defining a plurality of openings configured to direct an airflow exiting the housing.
Gundel teaches a centrifugal fan with a housing defining a plurality of openings for directing an airflow exiting the housing (fan housing 13 with openings 23a-d) distributed around the circumference of the fan housing.
Yao discloses the utilization of a centrifugal fan assembly fan array and Gundel teaches the utilization of multiple outlets in a centrifugal fan arrangement for the purposes of improving uniformity of the flow, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fan housings of Yao such that each housing is defined by a plurality of openings configured to direct an airflow exiting the housing as taught by Grundel for the purposes of distributing the discharge air in multiple radial directions, improving air distribution and reducing localized high velocity zones.
Regarding claims 2-3, Yao in view of Grundel teaches the fan array according to claim 1 above. Yao as modified further teaches the plurality of fan assemblies are mounted to a separation wall at a rotational orientation relative to one another (see Yao mounting plate 4 with adjacent fans), such that the plurality of openings of the housing of each of the plurality of fan assemblies are directed away from adjacent housings (Yao, Figures 3B and 6 with the plurality of openings as modified by Grundel), and wherein every other fan assembly in the array has the plurality of openings positioned at a similar vertical/axial distance from the separation wall to reduce interference between an airflow exiting adjacent fan assemblies (Figure 3B, fans positioned at similar distances with the fans alternating to reduce the interference).
Regarding claims 4-5, Yao in view of Grundel teaches the fan array according to claim 1 above. Yao further discloses the wheel back of the centrifugal fan defines an airflow surface that is at least conical or frusto-conical shape with an electric motor positioned at least partially within the interior region define by the wheel back (see Figure 11 of Yao, for example, with the shape of the wheel back and a region including the electric motor).
Regarding claim 6;
Yao in view of Grundel teaches the fan array according to claim 5 above.
Yao does not disclose the type of electrical motor, and therefore fails to teach the motor as an axial flux motor.
The Examiner takes official notice that axial flux motors are well known in the fan and blower art. Such motors are particularly suited for applications where the axial length is constrained and would need the pancake/disc-type motors. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fan array of Yao such that the electric motors are formed as axial flux motors for the purposes of maximizing motor power density within the concavity space.
Regarding claim 7, Yao in view of Grundel teaches the fan array according to claim 1 above. Yao as modified further teaches the housing includes a first end wall defining a central opening, a second end wall, and a plurality of sidewalls defining the plurality of openings (Grundel, suction side wall 17 with central opening therein, and the second side wall 18 with guide wall segments 27a-d defining the openings).
Regarding claim 9;
Yao in view of Grundel teaches the fan array according to claim 1 above.
Yao fails to teach the centrifugal fan of each of the plurality of fan assemblies includes a plurality of blades having compound curves.
The utilization of compound curve blades are well known in the centrifugal impeller design for improving aerodynamic efficiency, reducing noise, and optimizing pressure distribution across the blade span. The Examiner therefore takes official notice that such blades are known to that of one of ordinary skill. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fan array of Yao such that the centrifugal fan of each of the plurality of fan assemblies includes a plurality of blades having compound curves for the purposes of improving efficiency and reducing noise.
Regarding claim 16;
Yao discloses a fan array, comprising: a plurality of fan assemblies arranged in an array (see the arran of Yao in Figures 2-9) , each fan assembly including: a centrifugal fan (1, 2, 3); and wherein the plurality of fan assemblies are rotationally arranged such that no direct line of sight exists from any point on a first centrifugal fan of a first fan assembly, through opening in the housing of the first fan assembly and the opening in the housing of a second fan assembly, to any point on a second centrifugal fan of the second fan assembly (see mounting plate 4 whereby adjacent fans are in stepped/axially offset positions with mounting positions 41, 42, 43, Figures 7 and 9), and wherein every other fan assembly in the array has the plurality of openings positioned at a similar vertical/axial distance from the separation wall to reduce interference between an airflow exiting adjacent fan assemblies (Figure 3B, fans positioned at similar distances with the fans alternating to reduce the interference).
Yao fails to teach a housing enclosing the centrifugal fan, the housing defining a plurality of openings configured to direct an airflow exiting the housing.
Gundel teaches a centrifugal fan with a housing defining a plurality of openings for directing an airflow exiting the housing (fan housing 13 with openings 23a-d) distributed around the circumference of the fan housing.
Yao discloses the utilization of a centrifugal fan assembly fan array and Gundel teaches the utilization of multiple outlets in a centrifugal fan arrangement for the purposes of improving uniformity of the flow, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fan housings of Yao such that each housing is defined by a plurality of openings configured to direct an airflow exiting the housing as taught by Grundel for the purposes of distributing the discharge air in multiple radial directions, improving air distribution and reducing localized high velocity zones.
Regarding claims 17, Yao in view of Grundel teaches the fan array according to claim 16 above. Yao as modified further teaches the plurality of fan assemblies are mounted to a separation wall at a rotational orientation relative to one another (see Yao mounting plate 4 with adjacent fans), such that the plurality of openings of the housing of each of the plurality of fan assemblies are directed away from adjacent housings (Yao, Figures 3B and 6 with the plurality of openings as modified by Grundel).
Regarding claims 18-19, Yao in view of Grundel teaches the fan array according to claim 16 above. Yao further discloses the wheel back of the centrifugal fan defines an airflow surface that is at least conical or frusto-conical shape with an electric motor positioned at least partially within the interior region define by the wheel back (see Figure 11 of Yao, for example, with the shape of the wheel back and a region including the electric motor).
Regarding claim 20;
Yao in view of Grundel teaches the fan array according to claim 19 above.
Yao does not disclose the type of electrical motor, and therefore fails to teach the motor as an axial flux motor.
The Examiner takes official notice that axial flux motors are well known in the fan and blower art. Such motors are particularly suited for applications where the axial length is constrained and would need the pancake/disc-type motors. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fan array of Yao such that the electric motors are formed as axial flux motors for the purposes of maximizing motor power density within the concavity space.
Examiner Note
Claims 8 and 10-15 are rejected according to the obvious double patenting rejections above. However, art-based rejections of these claims have not been made. Patentability of the claims are therefore pending Applicant’s response.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kono (WO 2020152748) discloses an impeller wheel having a continuously curved wheel back from the suction inlet until the outlet of the blades (Figure 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN D SEABE whose telephone number is (571)272-4961. The examiner can normally be reached Monday-Friday, 9:00-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN D SEABE/Primary Examiner, Art Unit 3745
Prosecution Insights