DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Internet/E-mail Communication
In order to permit communication regarding the instant application via email, Applicant is invited to file form PTO/SB/439 (Authorization for Internet Communications) or include the following statement in a separately filed document (see MPEP 502.03 II):
Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.
If such authorization is provided, please include an email address in the remarks of a filed response. The examiner’s e-mail address is CHRISTOPHER.LEGENDRE@USPTO.GOV.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 13 May 2026 has been entered.
Response to Remarks/Arguments
Applicant's amendments filed 13 May 2026 to the independent claims overcome the previous prior art rejections (note: see interview summary filed 16 March 2026). Accordingly, the previous prior art rejections are withdrawn. New prior art rejections are set forth below. Reference is made to the indication of allowable subject matter at the end of this Office action.
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 of this title, 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 1-3, 5-8, 10, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shi (CN 210033894 U; cited in an IDS; see previous AI-assisted human translation) in view of Lahoud et al. (US 2022/0132935 - hereafter referred to as Lahoud; previously cited), and wherein Shen (CN 207299341 U; previously cited; see previous copy and AI-assisted human translation) is relied upon on an evidentiary basis.
In reference to claim 1
Shi discloses:
A fan device (see Figures 1 and 2), comprising:
a fan (4) configured to provide a flow of air through a fan flowpath (i.e., the space corresponding with fan 4); and
a mister assembly comprising a casing that includes a first portion (311) and a second portion (321), the first and second portions together forming an outer body (i.e., the radially outer arcuate portion), a centerbody (i.e., the portion receiving element 33), and a vane (see annotated Figure 2 below) extending between the outer body and the centerbody; and
a plenum (35) to store a cooling fluid, the plenum extending between the first portion and the second portion, and the plenum extending through (see Figure 2) the outer body, the centerbody, and the vane,
wherein the centerbody includes an opening (23) through which the cooling fluid is releasable from the plenum into fluid communication with the flow of air;
a misting disc (33) at the centerbody.
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Shi does not disclose:
the casing includes a capillary structure positioned in the plenum, wherein a portion of the capillary structure radially overlaps the misting disc.
Lahoud discloses:
a personal device comprising an atomizer (116 and/or 112), a chamber (90), and a capillary structure (i.e., capillary wick 80) for conveying liquid from the chamber to the atomizer, wherein the capillary structure is in contact with the atomizer (see par. [0094]); the use of the capillary structure ensures that fluid is drawn to the atomizer regardless of the orientation of the device (see pars. [0095] and [0097]).
Shen teaches a personal fan comprising a casing (24 & 243), an atomizer (2), and a capillary structure (i.e., sponge 23), wherein the casing includes a plenum for storing fluid, and wherein the capillary structure conveys the fluid from the plenum to the atomizer (see par. [0037]) - i.e., Shen teaches that it is known to use a capillary structure for conveying fluid to an atomizer in a personal fan.
Shi further discloses (see par. [0002] of translation) that the fan is intended to be carried and/or handheld and, thus, is capable of assuming various orientations.
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 device of Shi to include a capillary structure that conveys fluid from the plenum to the misting disc, as similarly disclosed by Lahoud, for the purpose of ensuring fluid delivery thereto (and, thus, achieving the misting effect) regardless of the orientation of the device. In light of the disclosure of Lahoud, it is noted that the instant modification is envisaged as configuring the capillary structure to extend:
from the identified plenum since it performs both storage of the fluid and conveyance of the fluid to the identified atomizer, and
to the identified misting disc such that it contacts the misting disc in order to ensure delivery thereto and/or avoid leakage along the delivery path.
Shi in view of Lahoud therefore addresses:
the casing (Shi) includes a capillary structure (Lahoud - 80) positioned in the plenum (Shi), wherein a portion of the capillary structure radially overlaps the misting disc (Shi - 33) (note: the modification results in the identified capillary structure being in contact with the identified misting disc, which necessarily requires radial overlap between the identified capillary structure and the identified misting disc).
In reference to claim 2
Shi in view of Lahoud addresses:
The fan device of claim 1, wherein the outer body (Shi) extends circumferentially around (i.e., in the circumferential direction) the fan flowpath.
In reference to claim 3
Shi in view of Lahoud addresses:
The fan device of claim 1, wherein the outer body (Shi) extends along (see Shi Figure 2) an arcuate section around the fan flowpath.
In reference to claim 5
Shi in view of Lahoud addresses:
The fan device of claim 1, wherein the capillary structure (Lahoud - 80) extends circumferentially through the outer body (Shi), through the vane (Shi), and to the opening (Shi) of the centerbody (note: in performing the modification of the rejection of claim 1, it would have been obvious to configure the capillary structure to extend across the claimed elements since the corresponding elements of Shi define the fluid storage and conveyance spaces).
In reference to claim 6
Shi in view of Lahoud addresses:
The fan device of claim 1, wherein the misting disc (Shi - 33) includes a porous material (inherent to an atomizer, as in Shi) positioned in fluid communication (due to the modification over Lahoud) with the plenum (Shi) to flow the cooling fluid through the misting disc and to generate a mist into the flow of air from the fan.
In reference to claim 7
Shi in view of Lahoud addresses:
The fan device of claim 6, wherein the centerbody includes a groove (shown at 22 in Shi Figure 2) configured to receive the misting disc (Shi - 33).
In reference to claim 8
Shi in view of Lahoud addresses:
The fan device of claim 6, wherein the misting disc (Shi - 33) is positioned radially adjacent to (note: adjacent to is broad/non-specific) a central body (i.e., a centrally-located portion) of the capillary structure positioned at the opening of the centerbody (note: in performing the modification of the rejection of claim 1, it would have been obvious to configure the capillary structure to extend to a position near/close/at the identified opening in order to fully achieve the delivery of fluid in accordance with the motivation to combine).
In reference to claim 10
Shi in view of Lahoud addresses:
The fan device of claim 1, further comprising: a fan case (i.e., element 1, or element 2, or the assembly of element 1 and element 2 - see Shi Figure 1) forming the fan flowpath, wherein the fan case houses at least a portion of the casing of the mister assembly (Shi).
In reference to claim 15
Shi in view of Lahoud addresses:
The fan device of claim 1, wherein the outer body of the casing includes a second opening (16 - Shi Figure 2) through which the plenum is fillable (see Shi par. [0036] of translation) with the cooling fluid.
In reference to claim 16
Shi in view of Lahoud, as combined in the rejection of claim 1, addresses:
A fan device (see Shi Figures 1 and 2), comprising:
a fan (Shi - 4) configured to provide a flow of air through a fan flowpath (i.e., the space corresponding with fan 4 - Shi); and
a mister assembly comprising a casing, the casing comprising:
a first portion (Shi - 311) and a second portion (Shi - 321), the first and second portions together forming an outer body (i.e., the radially outer arcuate portion - Shi), a centerbody (i.e., the portion receiving element 33 - Shi), and a vane (see annotated Shi Figure 2 above in the rejection of claim 1) extending between the outer body and the centerbody;
a plenum (Shi - 35) to store a cooling fluid, the plenum extending (see Shi Figure 2) between the first portion and the second portion, and the plenum extending (see Shi Figure 2) through the outer body, the centerbody, and the vane,
wherein the fan flowpath at least partially passes through a space (see Shi Figures 1 and 2) surrounded by a periphery of the casing, and wherein the casing includes an opening (Shi - 23) through which the cooling fluid is releasable from the plenum into fluid communication with the flow of air, and
wherein the casing includes a capillary structure (Lahoud - 80) positioned in the plenum, wherein a portion of the capillary structure radially overlaps (see above modification in the rejection of claim 1) a misting disc (Shi - 33) at the centerbody.
Claims 2 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shi in view of Lahoud and Sutton (US 2,603,468; cited in an IDS). (note: the instant rejection of claim 2 uses a different interpretation of claim language than presented above)
In reference to claim 2
Shi in view of Lahoud address:
The fan device of claim 1.
Shi in view of Lahoud does not address:
the outer body extends circumferentially around (i.e., interpreted as completely circumferentially around) the fan flowpath.
Sutton discloses:
a fan device for supplying fluid into airflow, the fan device comprising a fan flowpath and a casing (11 & 12) defining an annular cavity (40) that surrounds the fan flowpath for storing the fluid (see col.3:ll.14-16).
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 device of Shi in view of Lahoud to make the outer body annular and/or extend completely circumferentially around the fan flowpath, as disclosed by Sutton, for the purpose of increasing the volume of fluid that can be stored.
In reference to claim 20
Shi in view of Lahoud addresses:
The fan device of claim 16, wherein the fan flowpath at least partially passes through two spaces (i.e., upper and lower spaces - see Shi Figures 1 and 2) separated from one another by the vane and the centerbody.
Shi in view of Lahoud does not address:
the two spaces are surrounded by the outer body and
Sutton discloses:
a fan device for supplying fluid into airflow, the fan device comprising an airflow space and a casing (11 & 12) defining an annular cavity (40) that surrounds the airflow space for storing the fluid (see col.3:ll.14-16).
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 device of Shi in view of Lahoud to make the outer body annular and/or surround the spaces, as disclosed by Sutton, for the purpose of increasing the volume of fluid that can be stored.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shi in view of Lahoud and Yen (US 9,091,452; previously cited).
In reference to claim 9
Shi in view of Lahoud addresses:
The fan device of claim 6.
Shi in view of Lahoud does not address:
the misting disc comprises a piezo disc or atomizer disc configured to vibrate when input with an intermittent voltage
Yen discloses:
a fan device comprising an atomizer disc configured to vibrate when input with an intermittent voltage (see col.4:ll.2-3).
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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 device of Shi in view of Lahoud to form the misting disc as an electrically powered atomizer, as disclosed by Yen, for the purpose of allowing active control thereof.
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Shi in view of Lahoud and Lin (US 10,724,529; previously cited).
In reference to claim 11
Shi in view of Lahoud addresses:
The fan device of claim 1.
Shi in view of Lahoud does not address:
a base;
a mount rotatably coupled to the base, wherein the fan and the mister assembly are supported by the mount.
Lin discloses:
a fan device comprising a fan assembly (2), a base (i.e., clip 1), and a mount (3) rotatably coupled to the base and supporting the fan assembly, wherein the mount allows rotation of the fan assembly about two axes, and the base allows attachment to objects (inherent to a clip).
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 device of Shi in view of Lahoud to include the base and mount arrangement of Lin for the purpose of allowing mounting of the device to objects and directing of the fan airflow in different directions.
In reference to claim 12
Shi in view of Lahoud and Lin addresses:
The fan device of claim 11, wherein the fan, the mister assembly, and the mount are rotatable relative to the base about a first axis (i.e., a vertical oscillation axis, as in Lin).
In reference to claim 13
Shi in view of Lahoud and Lin addresses:
The fan device of claim 12, wherein the fan and the mister assembly are rotatable relative to the mount about a second axis (i.e., a horizontal swivel axis, as in Lin).
In reference to claim 14
Shi in view of Lahoud and Lin addresses:
The fan device of claim 11, wherein the base includes a spring clip (see Lin Figure 1, and note the presence of spring 7) and the mount includes a yoke mount (see Lin Figure 1).
Allowable Subject Matter
Claims 17-19 and 21 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER RYAN LEGENDRE whose telephone is (571)270-3364 and email is christopher.legendre@uspto.gov. The examiner can normally be reached M-F 9AM-5PM ET.
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/CHRISTOPHER R LEGENDRE/Primary Examiner, Art Unit 3711
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