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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/17/2026 has been entered.
Election/Restrictions
Applicant’s election without traverse of SPECIES 3 (Figs 3-1 to 3-5) in the reply filed on 08/01/2025 is noted.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of the earliest claimed foreign priority document is dated 12/21/2022 – the earliest claimed foreign priority document is CN 20223449516.3.
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.
Claim(s) 1 & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chou US 2018/0223864 in view of CN 202067461. Examiners Note: For the purposes of examining the instant application, the examiners submitted English translation of CN 202067461, submitted with this office action, is referenced hereinafter.
Regarding Claim 1: Chou US 2018/0223864 discloses the limitations: A portable fan (the blower described by Chou would be able to be moved from one location to another, thus it is a portable fan as claimed), comprising an airflow portion (the airflow portion is defined by the sum of its parts and includes elements 11 and 12; as seen in Figs 4-5 air flows through elements 11,12 of the airflow portion as claimed) and a display screen (41,411 ¶0028, Figs 1-2, Fig 5), wherein the airflow portion comprises an air outlet (191, Fig 5, ¶0022), the air outlet is disposed surrounding a periphery of the display screen (as seen in Figs 1-3 & Fig 5);
wherein the display screen (41,411) has an outer surface (outer surface = surface indicated by element 411 in Fig 3 that corresponds to the exterior facing surface of element 41 in Fig 5) that is disposed away from an interior of the airflow portion (interior of the airflow portion = interior space of elements 11,12 which the air flows through in Fig 5; as seen in Fig 5 the articulated outer surface is disposed/faces away from the interior of the airflow portion as claimed) and faces an outer environment of the portable fan (outer environment of the portable fan = environment surrounding the blower of Chou in Fig 3 and Fig 5; as seen in Fig 3 the articulated outer surface faces the outer environment as claimed), and a direction opposite to an airflow direction (an airflow direction = direction from the bottom to the top in Fig 5; direction opposite to the airflow direction = direction from the top to the bottom in Fig 5) of airflow (airflow = 3,31 in Fig 5, ¶0021-¶0022) that is configured to be provide by the portable fan (Fig 5, ¶0021-¶0022); the display screen (41,411) is configured to display: a current air speed (displays wind speed ¶0028). Chou US 2018/0223864 is silent regarding the limitations: the outer surface is at least partially curved concave inwardly. The prior art of CN 202067461 which is directed to a display screen ( Line 1-7) like Chou US 2018/0223864, is noted.
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Annotated Figure 4 of CN 202067461 (Attached Figure B)
However, CN 202067461 does disclose the limitations: wherein the display screen (screen illustrated in Fig 1 & Fig 2 – Line 41-44, Line 1-7) has an outer surface (see Annotated Figure 2 of CN 202067461 (Attached Figure B) above, and Lines 1-7), and the outer surface is at least partially concave inwardly (see Attached Figure B above, and Lines 41-44) along a direction (a direction = direction from right to left in Attached Figure B; it is noted that the direction of CN ‘461 corresponds to the articulated direction opposite to the airflow direction in the prior art of Chou).
Hence 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 display screen 41,411 of Chou US 2018/0223864 with the concave surface 2 taught by CN 202067461 in order to reduce damage to the human eye and/or reduce the chances the screen is damaged (CN ‘461 Line 32-35).
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Annotated Figure 5 of Chou US 2018/0223864 (Attached Figure A)
Regarding Claim 13: Chou US 2018/0223864 does disclose the limitations: wherein the airflow portion comprises an air inlet cover (18, as seen in Figs 2 & 4-5 element 18 covers a portion of an air inlet defined by the circular opening of element 12 thus it is an air inlet cover; also see Annotated Figure 5 of Chou US 2018/0223864 (Attached Figure A) above) and an airflow assembly (the airflow assembly is defined by the sum of its parts and includes motor 17, Attached Figure A); the air inlet cover 18 comprises a cover body 181 and an air guiding portion (sloped portion of element 18 located upstream of element 181 in Fig 2 & Fig 4) connected to the cover body (as seen in Fig 2 & Fig 4) and extending towards the airflow assembly (as seen in Attached Figure A the identified air guiding portion extends in a direction towards the motor/airflow assembly as claimed); the airflow portion defines a first receiving cavity (i.e. space inside element 12 which receives element 15 and impeller 161); an air guiding cone (= hub and backing plate of impeller 161 in Fig 5) and fan blades (= blades of impeller 161 in Fig 5) arranged on the air guiding cone (as seen in Fig 5, Attached Figure A) are received in the first receiving cavity (as seen in Fig 5, Attached Figure A); a first gap (Attached Figure A) is formed between the air guiding cone and the air guiding portion (Attached Figure A).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chou US 2018/0223864 in view of CN 202067461 as applied to claim 1 above, and further in view of CN 212867982. Examiners Note: For the purposes of examining the instant application, the examiners submitted English translation of CN 212867982 (FOR – 35 Pages – 09/15/2025 in the file wrapper), is referenced hereinafter.
Regarding Claim 10: Chou US 2018/0223864 does disclose the limitations: wherein, the airflow portion comprises a first inner shell (first inner shell = 15,16,22,25, see Figs 1-2 & Fig 5), a second inner shell (second inner shell = 21, Figs 1-2 & Fig 5) engaged with the first inner shell (engaged with element 22 of the first inner shell, see Fig 5), and an outer shell (outer shell = 11,12, Figs 1-3 & Fig 5); a side of the first inner shell facing the second inner shell (= axial end side of element 22 of the first inner shell which faces towards the second inner shell 21 in Fig 1) is arranged with a plurality of protrusions (i.e. is arranged with a plurality of radial protrusions as seen in Fig 1), the plurality of protrusions are evenly distributed (as understood from Fig 1 the articulated plurality of protrusions are shown as being evenly distributed about the circumference of element 22); the second inner shell 21 defines a plurality structures (= plurality of radial protrusions on element 21 illustrated in Fig 2 and Fig 1) corresponding to the plurality of protrusions (as understood from Fig 2 & Fig 1); the plurality of protrusions are connected with the plurality of structures (given what is shown in Fig 1 & Fig 2 it is understood that the protrusions would be connected to the structures in order to achieve the assembled state shown in Fig 5); the outer shell (11,12) covers an outside of the first inner shell (i.e. covers an outside of element 22 of the first inner shell as understood from Fig 5) and an outside of the second inner shell (i.e. covers an outside of the second inner shell 21 as understood from Fig 5). Chou US 2018/0223864 does not disclose the particular claimed connection between the projections and recesses, and thus is silent regarding the limitations: a plurality of recessed structures corresponding to the plurality of protrusions; the plurality of protrusions are engaged with the plurality of recessed structures. The prior art of CN 212867982 which is directed to a motor driven fan (Line 1, Line 12-19) like Chou US 2018/0223864, is noted.
However CN 212867982 does disclose the limitations: a plurality of recessed structures (13a,14a, Fig 11, Line 274-278; the plurality of recessed structures = the multiple recessed structures 13a,14a shown in Fig 11) corresponding to the plurality of protrusions (13b,14b, Fig 10, Line 278-286; the plurality of protrusions = the multiple protruding structures 13b,14b in Fig 10); the plurality of protrusions are engaged with the plurality of recessed structures (as understood from Figs 10-12 and Line 281-286, the plurality of protrusions are engaged with the plurality of recessed structures to connect shells 10b and 10a).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to provide a plurality of protrusions and a plurality of recesses in the structures of Chou US 2018/0223864 so as to connect to one another without requiring the use of tools using the plurality of protrusions (the multiple protruding structures 13b,14b in Fig 10) and the plurality of recessed structures (the multiple recessed structures 13a,14a shown in Fig 11) of CN 212867982, in light of the teachings of CN 212867982 (Line 274-286), in order to make it easier to connect the first and second inner shells when assembling the fan.
Claim(s) 2 & 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chou US 2018/0223864 in view of CN 202067461 as applied to claim 1 above, and further in view of Schubeler US 2023/0400039, CN 212867982, and Gan US 2024/0206692.
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Annotated Figure 5 of Chou US 2018/0223864 (Attached Figure C)
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Annotated Figure 2 of Chou US 2018/0223864 (Attached Figure D)
Regarding Claims 2 and 7: Chou US 2018/0223864 as modified by CN 202067461 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 1. Additionally, Chou US 2018/0223864 discloses the limitations:
wherein a high-speed motor (= motor 17, Figs 1-2 & 5, ¶0019, ¶0023; the motor is disclosed as generating a high-speed airflow with fan 161 and fan 231, accordingly the motor 17 is understood to be a high-speed motor since it is capable of generating high-speed airflow by rotating fan(s) 161/231) is arranged in the airflow portion (i.e. arranged inside elements 11,12 as seen in Fig 5);
power is supplied to the high-speed motor (electric power would inherently be supplied to the motor 17 in order to rotate the fan(s) 161/231 with the motor);
wherein, the airflow portion comprises: an inner shell (the inner shell is defined by the sum of its parts and includes elements 15,16,172,22,25,21), an outer shell (11,12), and a fan assembly (the fan assembly is defined by the sum of its parts and includes motor 17 and impeller 161); the inner shell defines an airflow channel (an airflow channel = path for the air 3 shown by the dashed line in Fig 5; as seen in Fig 5, the structure of the inner shell – 15,16,172,22,25,21 – defines the airflow channel as claimed), an air inlet 13 communicating with a side of the airflow channel (see Annotated Figure 5 of Chou US 2018/0223864 (Attached Figure C) above), and the air outlet communicating with the other side of the airflow channel (Attached Figure C); the fan assembly is received in the airflow channel (Attached Figure C); the outer shell covers an outside of the inner shell (Attached Figure C) and has a mounting opening (see Annotated Figure 2 of Chou US 2018/0223864 (Attached Figure D) above; as understood from Figs 1-5, element 18 is mounted within the identified mounting opening in Attached Figure D in the assembled state). Chou US 2018/0223864 is silent regarding the limitations: a battery, the battery is configured to supply power to the three-phase motor. The prior art of Schubeler US 2023/0400039 which is directed to a motor driven fan (title, abstract) like Chou US 2018/0223864, is noted.
However, Schubeler US 2023/0400039 does disclose the limitations: a three phase motor (three-phase motor = 16, ¶0017, ¶0040, ¶0042-¶0045, Figs 1-5); a battery (25, ¶0043-¶0045, Fig 1), the battery is configured to supply power to the three-phase motor (¶0043, ¶0045, Fig 1).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to configure the airflow portion (11,12, 15,16,172,22,25,21) and the high-speed motor 17 of Chou US 2018/0223864 so as to be able to receive power from a power source/battery located radially outside of the airflow portion/impeller housing without disrupting the air flow generated inside the airflow portion/impeller housing using the plurality of aero stators (20,¶0042) formed between the motor housing and the impeller housing where at least one aerostator 20 is provided with a cavity 32 in its interior in which cables 26 pass through (¶0045), and a battery 25, three phase motor 16, power supply cables 26 of Schubeler US 2023/0400039, in light of the teachings of Schubeler US 2023/0400039 (¶0002, ¶0017, ¶0040, ¶0042-¶0045, & ¶0053), in order to deliver power to the motor without disrupting the air flow generated inside the airflow portion. Chou US 2018/0223864 is silent regarding the limitations: a handheld portion detachably connected to the airflow portion, wherein a motor is arranged in the airflow portion; a battery is arranged in the handheld portion. The prior art of CN 212867982 which is directed to a motor driven fan (Line 1, Line 12-19) like Chou US 2018/0223864, is noted.
However, CN 212867982 discloses the limitations: A portable fan (i.e. handheld fan illustrated in the figures), comprising an airflow portion (11,11a,11b Figs 1-4 and Figs 6-7), wherein the airflow portion comprises an air outlet (112, Fig 4, Line 173-179);
a handheld portion (12,12a,12b, Figs 1-7, Figs 10-13, Line 173-179) detachably connected to the airflow portion (Line 254-273 – describes how elements 12a,12b of the handheld portion can be separately formed from elements 11a,11b of the airflow portion; additionally the evidence of Gan US 2024/0206692 demonstrates how a handheld portion 20 can be detachably connected to an airflow portion 10),
wherein a motor 30 is arranged in the airflow portion (as seen in Fig 4, Figs 6-7); a battery 50 is arranged in the handheld portion (as seen in Fig 4, Figs 6-7, Line 159-172, Line 183-195), the battery is configured to supply power to the motor (since the battery 50 is the only disclosed electrical power source it would inherently supply power to operate the motor 30 as claimed).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to configure the battery (Schubeler - 25), the control circuit (Schubeler - 24) and the supply cables (Schubeler - 26) of the high-speed three-phase motor (Chou - 17| Schubeler - 16) of Chou US 2018/0223864 as modified by CN 202067461 and Schubeler US 2023/0400039 so as to provide a hand-held fan that is easily assembled & convenient and safe to use (CN ‘982 – Line 274-286, Line 262-264, Line 271-273; Gan – 0048-¶0051 & CN ‘982 – Fig 4 Line 58-64, Line 159-172, Line 183-186; Gan – abstract, ¶0006-¶0008) by arranging the battery and motor control circuit in the handheld portion (CN ‘982 – Figs 3-7 & 10-12, Line 159-172, Line 185-186, Line 262-273 | Gan – Fig 5 ¶0050-¶0051) and running the wiring/supply cables through an opening (Gan - 1405) where the handle is connected to the airflow portion/main body (Gan – Figs 4-8, ¶0050-¶0052) as taught by CN 212867982, & Gan US 2024/0206692, in light of the teachings of CN 212867982, & Gan US 2024/0206692, in order to provide a hand-held fan that is easily assembled & convenient and safe to use.
Examiner's Note: The Examiner respectfully requests of the Applicant in preparing responses, to fully consider the entirety of the references as potentially teaching all or part of the claimed invention.
It is noted, REFERENCES ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN. “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments (see MPEP § 2123).
Additionally the origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention, as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). (See MPEP § 2125).
The Examiner has cited particular locations in the reference(s) as applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claims, typically other passages and figures will apply as well.
Furthermore: with respect to the prior art and the determination of obviousness, it has been held that Prior art is not limited just to the references being applied, but includes the understanding of one of ordinary skill in the art. The "mere existence of differences (i.e. a gap) between the prior art and an invention DOES NOT ESTABLISH the inventions nonobviousness." Dann v. Johnston, 425 U.S. 219, 230, 189 USPQ 257, 261 (1976). Rather, in determining obviousness the proper analysis is whether the claimed invention would have been obvious to one of ordinary skill in the art after consideration of all the facts. And factors other than the disclosures of the cited prior art may provide a basis for concluding that it would have been obvious to one of ordinary skill in the art to bridge the gap. (See MPEP § 2141).
Allowable Subject Matter
Claim 9 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:
Regarding claim 9: the prior art of record is unable to anticipate or make obvious the limitations set forth in claim 9 “the outer shell covers the inner shell and is slidably connected to the inner shell along a first axial direction; the first axial direction is a direction extending from an air inlet to the air outlet; and the inner shell defines at least one snap slot; the inlet cover is arranged with at least one snap head snapped with the at least one snap slot” in combination with all the other limitations of claim 9 and the limitations of intervening claims 1 & 2.
It is the Examiner’s opinion that modification of the available prior art in the claimed manner is neither contemplated nor foreseeable without the benefit of the disclosure of the instant invention.
Response to Arguments
Applicant’s arguments (Page 7 ¶9-Page 10 ¶3) with respect to claim(s) 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.
Applicant's arguments filed 03/17/2026 have been fully considered but they are not persuasive.
Page 10 ¶4-Page 11 ¶3: Applicant argues that because at a corresponding position in CN ‘982 a convex cosmetic mirror 60 is provided, which differs from the present application the prior art of CN ‘982 does not make claim 1 obvious.
--The examiner notes that the prior art of CN 212867982 is not relied upon in the rejection of claim 1, accordingly Applicants argument that the prior art of CN ‘982 does not make claim 1 obvious fails to convince the examiner that claim 1 is allowable over the prior art of record.--.
Page 11 ¶4-Page 12 ¶3: Applicant traverses the rejection(s) of claim(s) 2, 7, 10, and 13 based entirely on the arguments discussed above with respect to claim(s) 1.
--Applicants arguments are not persuasive. Applicant makes no new arguments with respect to claim(s) 2, 7, 10, and 13. Thus applicants arguments are not persuasive for the same reasons already discussed above.--.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 2624235 – discloses a display with a concave screen.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S HERRMANN whose telephone number is (571)270-3291. The examiner can normally be reached 8:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ESSAMA OMGBA can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES G FREAY/Primary Examiner, Art Unit 3746
/JOSEPH S. HERRMANN/ Examiner, Art Unit 3746
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