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 .
Specification
The abstract of the disclosure is objected to because the abstract should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” “The present disclosure provides,” etc. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a driving assembly” and “a fastening mechanism” in claim 1 and claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oyama et al – hereafter Oyama – (CN 204304715 U).
Regarding claim 1, Oyama teaches a motor structure (Fig.1-3), comprising:
a motor shaft (31);
a motor housing (211/212), rotatably sleeved on the motor shaft, and a mounting cavity (Fig.1) being formed in the motor housing;
a driving assembly (this element is interpreted under 35 U.S.C. 112(f) as a motor stator and a motor rotor to accomplish the claimed function, and equivalents thereof. Oyama teaches a motor stator 32 and a motor rotor 22, Fig.1), sleeved on the motor shaft and installed in the mounting cavity for driving the motor housing to rotate along the motor shaft (Fig.1); and
a motor driving circuit board (34), sleeved on the motor shaft and installed in the mounting cavity (Fig.1), wherein the motor driving circuit board is electrically connected to the driving assembly (inherent configuration), and the motor driving circuit board is adapted to be fixed to the driving assembly through a fastening mechanism (this element is interpreted under 35 U.S.C. 112(f) as a screw, a rivet, or an annular circlip to accomplish the claimed function, and equivalents thereof. Oyama teaches a pad 33, Fig.1-3).
Regarding claim 2, Oyama further teaches the driving assembly comprises:
a motor stator (32), sleeved on the motor shaft and installed in the mounting cavity (Fig.1), the motor stator being electrically connected to the motor driving circuit board (inherent configuration), and the motor driving circuit board being adapted to be fixed to the motor stator through the fastening mechanism (Fig.1-2); and
a motor rotor (22), rotatably sleeved on an outside of the motor stator and installed in the mounting cavity (Fig.1), and the motor rotor being connected to the motor housing (Fig.1).
Regarding claim 3, Oyama further teaches a mounting seat (where 326 points to) is provided on an upper surface or a lower surface of the motor stator (where 326 points to), the mounting seat is provided with a mounting hole (326), the motor driving circuit board is provided with a connecting hole (343), and the fastening mechanism is adapted to pass through the connecting hole and the mounting hole to fix the motor driving circuit board to the motor stator (note 332 and 334).
Regarding claim 5, Oyama further teaches the motor housing comprises:
a first housing (211), rotatably sleeved on the motor shaft (Fig.1);
a second housing (212), rotatably sleeved on the motor shaft, wherein the first housing and the second housing are butted against to form the mounting cavity (Fig.1); and
wherein the first housing and the second housing comprise bearing mounting areas (2111/2121) extending in opposite directions away from each other (Fig.1), and the bearing installation areas are adapted to install bearings (41/42), and the bearings are sleeved on the motor shaft (Fig.1).
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.
Claim(s) 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al – hereafter Zhou – (CN 213334014 U) in view of Oyama and Chen et al – hereafter Chen – (US 20160169503 A1).
Regarding claim 7, Zhou teaches a fan lamp (Fig.1-8), comprising:
a motor structure (unlabeled); and
a lamp panel (200), sleeved on a shaft (120, see Fig.5) and mounted below the motor, the lamp panel being adapted to be fixed to the shaft by a fastener (130); and
a lampshade (300), fitted into the lamp panel (via 220).
Zhou does not explicitly teach the motor structure comprises: a motor shaft; a motor housing, rotatably sleeved on the motor shaft, and a mounting cavity being formed in the motor housing; a driving assembly, sleeved on the motor shaft and installed in the mounting cavity for driving the motor housing to rotate along the motor shaft; and a motor driving circuit board, sleeved on the motor shaft and installed in the mounting cavity, wherein the motor driving circuit board is electrically connected to the driving assembly, and the motor driving circuit board is adapted to be fixed to the driving assembly through a fastening mechanism; the lampshade being snap-fitted into the lamp panel.
Oyama teaches a motor structure (Fig.1-5), comprising:
a motor shaft (31);
a motor housing (211/212), rotatably sleeved on the motor shaft, and a mounting cavity (Fig.1) being formed in the motor housing;
a driving assembly (this element is interpreted under 35 U.S.C. 112(f) as a motor stator and a motor rotor to accomplish the claimed function, and equivalents thereof. Oyama teaches a motor stator 32 and a motor rotor 22, Fig.1), sleeved on the motor shaft and installed in the mounting cavity for driving the motor housing to rotate along the motor shaft (Fig.1); and
a motor driving circuit board (34), sleeved on the motor shaft and installed in the mounting cavity (Fig.1), wherein the motor driving circuit board is electrically connected to the driving assembly (inherent configuration), and the motor driving circuit board is adapted to be fixed to the driving assembly through a fastening mechanism (this element is interpreted under 35 U.S.C. 112(f) as a screw, a rivet, or an annular circlip to accomplish the claimed function, and equivalents thereof. Oyama teaches a pad 33, Fig.1-3);
a cover (62) and panel (64), the panel attached to the motor shaft (Fig.5); note lighting components could be received in the cover (¶94).
Chen teaches a fan lamp (Fig.1-3) including a lamp panel (1); and
a lampshade (3), snap-fitted into the lamp panel (via 33);
said configuration makes the assembly much easier and more convenient, which reduces the cost of assembly (¶25).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the fan lamp of Zhou by having the motor structure comprises: a motor shaft; a motor housing, rotatably sleeved on the motor shaft, and a mounting cavity being formed in the motor housing; a driving assembly, sleeved on the motor shaft and installed in the mounting cavity for driving the motor housing to rotate along the motor shaft; and a motor driving circuit board, sleeved on the motor shaft and installed in the mounting cavity, wherein the motor driving circuit board is electrically connected to the driving assembly, and the motor driving circuit board is adapted to be fixed to the driving assembly through a fastening mechanism based on the teachings of Oyama because this would require a simple substitution of one known element (motor structure of Zhou) for another (motor structure of Oyama) to obtain predictable results (converting electrical energy into kinetic energy to allow fan blades to rotate and generate a flow of air).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to further modify the fan lamp of Zhou and Oyama by having the lampshade snap-fitted into the lamp panel based on the teachings of Chen because this would make the assembly of the lampshade and lamp panel much easier and more convenient, which reduces the cost of assembly.
Regarding claim 10, Zhou, Oyama and Chen further teach a connecting plate (Zhou Fig.1-3, 210), sleeved on the motor shaft and located between the lamp panel and the motor housing (Zhou Fig.1-3, note motor housing as modified by Oyama would be located at or above Zhou 100, therefore, meeting the claim limitations).
Allowable Subject Matter
Claims 4, 6 and 8-9 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.
The following is a statement of reasons for the indication of allowable subject matter.
The following claim limitations were not found in the prior art.
a positioning post is provided on an upper surface or a lower surface of the motor stator, the motor driving circuit board is provided with a connecting hole, and the positioning post is adapted to be snap-fitted into the connecting hole; and the motor shaft is provided with an annular groove, the fastening mechanism is arranged in an annular shape, and the fastening mechanism is snap-fitted into the annular groove and abuts against a side of the motor driving circuit board away from the positioning post (as in the context of claim 4).
The closest prior art reference (Oyama) discloses a different positioning post and fastening mechanism configuration and no other prior art reference was found that would anticipate or allow establishing a prima facie case of obviousness in view of the cited prior art above.
a side of the first housing facing the second housing is provided with a stepped connecting portion, the connecting portion is provided with a shell cover extending outwardly on a side facing the second housing, and a side of the second housing facing the first housing is provided with an annular plate, the annular plate is attached to the shell cover and adapted to be fixed with a fastener; and a clamping groove is formed between the annular plate and the connecting portion, and the motor rotor is snap-fitted into the clamping groove (as in the context of claim 6).
The closest prior art reference (Oyama) discloses a different motor housing and motor rotor configuration and no other prior art reference was found that would anticipate or allow establishing a prima facie case of obviousness in view of the cited prior art above.
a middle portion of the lamp panel is protruded toward the motor housing, and a mounting groove is formed, a light source driving circuit board is mounted on a groove bottom surface of the mounting groove, and a protective cover is adapted to be mounted at a notch of the mounting groove for closing the mounting groove (as in the context of claim 8).
The closest prior art reference (Chen) discloses a different lamp panel and light source driving circuit board configuration and no other prior art reference was found that would anticipate or allow establishing a prima facie case of obviousness in view of the cited prior art above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN G FLORES whose telephone number is (571)272-3486. The examiner can normally be reached Monday - Friday, 8:30am - 5:30pm Pacific Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan E 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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/JUAN G FLORES/Primary Examiner, Art Unit 3745
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