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 .
Status
This Final Office Action is in response to the amendment/request for reconsideration dated 29 December 2025 (hereinafter “Reply”).
Claim(s) 1 are canceled.
Claim(s) 14 are new.
Claim(s) 2-14 is/are pending.
Response to Amendment
The objection(s) to the specification is/are withdrawn after consideration of the submitted amendment(s)/argument(s).
The objection(s) to the drawings is/are withdrawn after consideration of the submitted amendment(s).
The objection(s) to claim(s) 12 is/are withdrawn after consideration of the submitted amendment(s).
Response to Arguments
Regarding the rejection of claim(s) 2-13 under 35 U.S.C. 102(a)(1) as being anticipated by Morhman, the applicant(s) submit the following remark(s)/argument(s):
(A) At page 8 of the submitted Reply:
The cited art fails to disclose the following feature(s) of claim 2: the primary air flow entering the primary flow path defines a plurality of paths defining progressively decreasing angles with a longitudinal axis of the housing as the air flows into the housing. Specifically, Mohrman teaches one flow line at the primary inlet.
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In reply, the Office respectfully considers this argument not persuasive because though Mohrman only shows one streamline arrow at the primary inlet, the incoming air flow forms a multitude of streamlines filling the housing (18, Fig. 1) space. Due to the shape of the dome (19), as the air moves from the primary inlet, near the flange (20), along the dome (19) toward a center of the housing (18), the incoming air flow streamline paths must turn progressively more sharply downward to enter the housing through the fan (33) space. Thus, the incoming air flow paths define, from a radially outward location of the housing toward a center, progressively decreasing angles with a longitudinal axis of the housing. See annotated Fig. 1 below.
Regarding the rejection of claim(s) 10 under 35 U.S.C. 102(a)(1) as being anticipated by Mohrman, the applicant(s) submit the following remark(s)/argument(s):
(A) At page 10, first paragraph of the submitted Reply:
The cited art fails to disclose the following feature(s) of claim 10: guiding a portion of the secondary air flow into a pocket positioned above the secondary flow path. Specifically, the annotated Fig. 1 of the non-final rejection points to a wall. Thus, there is no pocket.
In reply, the Office respectfully considers this argument not persuasive because the wall defines a concave space into which a portion of the secondary air flow (i.e. 26) is guided. The concave space is formed by an angled wall portion and a radially extending portion through which the bolts (35) extend. Thus, the concave space is a pocket into which a portion of the secondary air flow (i.e. 26, see Fig. 1) is guided.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: A method of moving air through an air moving device with bypass intake.
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 5 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.
(A) Regarding Claim(s) 5:
Claim(s) 5 recite(s): a plurality of air flow paths flowing through the primary inlet of the housing. Thus, claim(s) 5 is/are rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, it is unclear if the plurality of air flow paths of claim 5 is the same as, or different from, the plurality of path of claim 2 (see line(s) 5). The most relevant portion of the specification, found by the Office, at Fig. 5B discloses a plurality of paths 111a-111d. However, the claim lacks clarity as to whether the initially recited plurality of paths forms antecedent basis for the later terms or not. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claims, when construed in light of the specification, before the effective filing date of the claimed invention. For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting a plurality of paths to be pertinent to the relevant claim limitation(s).
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) 2-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2,982,198 to Mohrman (hereinafter “MOHRMAN”).
(A) Regarding Claim 2:
MOHRMAN discloses:
Disclosed is an inherent method of moving air through an air moving device 15, the method comprising:
directing a primary air flow through a primary inlet PI (see annotated Fig. 1 below) of a housing collectively formed by 18, 24 of the air moving device and into a primary flow path near 27; directing a secondary air flow through a secondary inlet 26 of the housing and into a secondary flow path near 28, the secondary inlet defined by an upper portion UP and a lower portion LP of an annular outer sidewall of the housing; guiding the secondary air flow through the secondary flow path between an inner surface IS of the annular outer sidewall of the housing and an outer surface OS of an inner sidewall 25 of the housing and out a secondary outlet; and exiting the primary air flow and the secondary air flow out of the air moving device through a primary outlet PO of the housing.
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(B) Regarding Claim 3:
MOHRMAN further discloses:
The outer surface of the inner sidewall of the housing is parallel to the inner surface of the annular outer sidewall (see Figs. 1-2).
(C) Regarding Claim 4:
MOHRMAN further discloses:
The method further comprises mixing the primary air flow and the secondary air flow downstream of 28 after guiding the secondary air flow through the secondary outlet (see Figs. 1-2).
(D) Regarding Claim 5:
MOHRMAN further discloses:
The primary air flow comprises a plurality of air flow paths (between adjacent impeller blades 33, as well as through the center of the impeller and adjacent surface 20) flowing through the primary inlet of the housing (see annotated Fig. 1 above in section 9(A)).
(E) Regarding Claim 6:
MOHRMAN further discloses:
The method further comprises comprising pulling the secondary air flow through the secondary outlet and into the primary flow path by a low pressure zone, inherently created by fan wheel 16 (see Figs. 1-2).
(F) Regarding Claim 7:
MOHRMAN further discloses:
An upper region of the primary flow path defines a first diameter, and a lower region of the primary flow path defines a second diameter, the first diameter being less than the second diameter (see Fig. 1).
(G) Regarding Claim 8:
MOHRMAN further discloses:
The secondary outlet is an annular secondary outlet (see Figs. 1-2).
(H) Regarding Claim 9:
MOHRMAN further discloses:
A portion of the secondary flow path is parallel to a portion of the primary flow path, when the secondary flow path and the primary flowpath arc moving parallel to the axes of impeller 33 and fan wheel 16 (see Figs. 1-2).
(I) Regarding Claim 10:
MOHRMAN further discloses:
The method further comprises guiding a portion of the secondary air flow into a pocket positioned above the secondary flow path.
NOTE ON PRIOR ART INTERPRETATION:
The wall (identified in the annotated Fig. 1 above of section 16(A) as “pocket”) defines a concave space into which a portion of the secondary air flow (i.e. 26) is guided. The concave space is formed by an angled wall portion and a radially extending portion through which the bolts (35) extend. Thus, the concave space is a pocket into which a portion of the secondary air flow (i.e. 26, see Fig. 1) is guided
(J) Regarding Claim 11:
MOHRMAN further discloses:
Guiding the secondary air flow through the secondary flow path causes a first pressure at the secondary outlet and a second pressure at the secondary inlet, the second pressure higher than the first pressure, inherently created by fan wheel 16, and present in order for the secondary air flow to move from the secondary inlet 26 to the interior of the housing (see Figs. 1-2).
(K) Regarding Claim 12:
MOHRMAN further discloses:
A pressure differential between the first pressure and the second pressure directs the secondary air flow into primary flow path, inherently created by fan wheel 16, and present in order for the secondary air flow to move from the secondary inlet 26 to the interior of the housing (see Figs. 1-2).
(L) Regarding Claim 13:
MOHRMAN further discloses:
The method further comprises moving a portion of the primary air flow radially outward to mix with the secondary air flow exiting the secondary outlet (see Figs. 1-2).
(M) Regarding Claim 14:
MOHRMAN further discloses:
the plurality of paths straighten out within the primary flow path (See Fig. 1 annotated above for section 9(A)).
NOTE ON CLAIM INTERPRETATION:
Claim 14 requires only that the plurality of paths straighten out within the primary flow path, not the entirety of the flow path. Thus, the paths need only to straighten out in a portion of the primary flow path. Furthermore, note that the primary flow path has several paths that turn radially outward to mix with secondary flow paths, see instant application Fig. 5B at mixing section 145. As a result, not all of the plurality of paths straighten out along the entire length of the primary flow path.
NOTE ON PRIOR ART INTERPREATION:
The space occupied by the fan 33 is considered part of the primary flow path. Thus, the incoming air flow paths are straightened through the fan 33 space due to the action fan blades drawing the air downward to cool the motor.
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 NATHANIEL EDWARD WIEHE whose telephone number is (571)272-8648. The examiner can normally be reached M-F approx. 7-4:30 EST.
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, Alford Kindred can be reached at (571) 272-4037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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