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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/28/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/23/2025 has been entered.
Response to Arguments
Applicant seems to have submitted the same arguments of 10/10/2025.
Applicant's arguments with respect to the 35 USC 102 rejections of claim 1 and 15 have been fully considered but they are not persuasive.
Applicant argues that the inventor disclosed a product of CN305776600 and that the Liu US 11187241 cannot be used due to 35 USC 102(b)(2)(B). However, the priority date of Liu US 11187241 is linked back to CN 2020020796618 with the date of 5/13/2020 and CN 202021804208 with the date of 8/25/2020. These dates are still before the priority date of the instant application of 9/30/2020. If applicant is trying to claim priority to the product of CN305776600, the product does not seem to disclose the subject matter of claim 1 and 15. Therefore, Liu still can be used to reject the instant application.
Applicant then argues that “the connection post is NOT inserted in the connection hole”. However, the examiner disagrees with because a hole is a hollow area within a piece. A hole can include its counter bore and would not be considered a plurality of holes. Figure 11 best shows element 62 having these features. This is reproduced below.
PNG
media_image1.png
172
406
media_image1.png
Greyscale
PNG
media_image2.png
278
406
media_image2.png
Greyscale
These figures show that “a connection hole (62 is a hole) in which the connection post is inserted for connection (post 64 is inserted to hole 62); a blocker (screw 68 (can be interpreted as an object that blocks movement)) is arranged and inserted in the connection hole (68 is inserted in hole 62); the connection post and the blocker are inserted into the connection hole from two opposite directions of the connection hole (screw 68 and post 64 are inserted on two sides of hole 62).
Applicant’s arguments with respect to the 35 USC 102 rejection of claim 20 is now persuasive. Therefore the rejection is withdrawn. The rejection is updated below.
Priority
CN201921815938.3 with the date of 10/25/2019 was petitioned and GRANTED in the patent application of 17/471178 on 3/7/2022. This means that the foreign reference was allowed to be on the file wrapper and the examiner would determine if the application is entitled to the benefit, as stated in the petition decision. When looking at the priority, the subject matter must be recited in each and every application for the subject matter to be entitled to the benefit.
Claim 1 and 15 is entitled to the benefit of the filing date of the application of 9/30/2020. Claims 2-14 and 16-20 also have the same priority date.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Rejection 1
Claims 1-6, 8-15 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. US 11187241.
Regarding claim 1, Liu discloses: A neck fan (Fig 9 and 11), configured to be worn around a neck of a user, comprising:
a shell (132, 133, 121), comprising an inner shell (Inner side of 121 and 132) and an outer shell (Outer side of 121 and 133) connected to the inner shell (132, 133, and 121 are all connected),
wherein the inner shell is disposed near the neck (Inner side of 121 and 132 is near the neck), and the outer shell is disposed away from the neck (Outer side of 121 and 133 is away from the neck);
the inner shell and the outer shell cooperatively define an inner space therebetween (Inner shell 121 and 132 and outer shell of 121 and 133 all define an inner space therebetween (where 122 is located and the fluid flows in 26 and components of 24));
wherein the outer shell is arranged with a connection post (64),
the inner shell defines a connection hole (62)
the connection post extends through the inner space (64 extends though and within the inner space) to be further inserted in the connection hole (64 is inserted to 62);
a blocker (68) is arranged and inserted in the connection hole (68 is inserted in 62);
the connection post and the blocker are inserted into the connection hole from two opposite directions of the connection hole (68 and 64 are inserted on two sides of 62; closely shown further in fig 11).
Regarding claim 2, Liu discloses:
wherein the connection hole is a through hole that penetrates the inner shell in a thickness direction of the inner shell (Fig 9: 62 is a through hole that penetrates through the thickness of 121).
Regarding claim 3, Liu discloses:
wherein the connection hole has a first opening facing towards the neck (Fig 9 and 11: Hole part of 62 facing towards 132) and a second opening facing towards the outer shell (Hole part of 62 facing towards 133).
Regarding claim 4, Liu discloses:
wherein the connection post is protruding from an inner surface of the outer shell towards the inner shell (Fig 9: 64 protrudes from the inner surface of 133 towards 121).
Regarding claim 5, Liu discloses:
wherein the connection post is inserted into the connection hole through the second opening (Fig 9 and 11: 64 is inserted into the hole though the opening of 62 that faces 133).
Regarding claim 6, Liu discloses:
wherein the blocker is inserted into the connection hole through the first opening (Fig 9: 68 is inserted into 62 through the part of the opening facing 132).
Regarding claim 8, Liu discloses:
wherein the shell comprises a first shell portion (Fig 9: Left 13), a second shell portion (Right 13), and a connection portion (54) connected between the first shell portion and the second shell portion (54 is connected between both 13s).
Regarding claim 9, Liu discloses:
wherein the connection post is arranged at an end of the first shell portion near the connection portion (Fig 9: 64 is near the end of the right 13 near 54), and another connection post is arranged at an end of the second shell portion near the connection portion (Fig 9: 64 is near the end of the right 13 near 54).
Regarding claim 10, Liu discloses:
wherein the connection portion is disposed near a rear of the neck (Fig 9: 54 is towards the rear of the neck).
Regarding claim 11, Liu discloses:
wherein the inner shell and the outer shell of each of the first shell portion and the second shell portion cooperatively define a receiving space (Fig 9 and 11: Inner side of 121 and 132 with the outer side of 121 and 133 define a space 26 between) receiving a plurality of fan assemblies (Multiple 20s).
Regarding claim 12, Liu discloses:
wherein one of the plurality of fan assemblies is disposed at a free end of the first shell portion; and another one of the plurality of fan assemblies is disposed at a free end of the second shell portion (Fig 9: 20s are disposed at the free ends of the left 13 and the right 13).
Regarding claim 13, Liu discloses:
wherein the inner shell defines a plurality of air outlets configured to output an airflow generated by the plurality of fan assemblies (Fig 9; Col 9, line 20-21: 132 defines 232 and outputs airflow from 20).
Regarding claim 14, Liu discloses:
wherein the plurality of air outlets are disposed between the one of the plurality of fan assemblies disposed at the free end and the connection hole (Fig 9: 232 are disposed between 20 and the free end of 62).
Regarding claim 15, Liu discloses: A neck fan (Fig 9 and 11), configured to be worn around a neck of a user, comprising:
a shell (132, 133, 121), comprising a first shell (133) and a second shell (132) connected to the first shell;
the first shell and the second shell cooperatively define an inner space therebetween (second shell 132 and first shell and 133 along with 121 all define an inner space therebetween (where 122 is located and the fluid flows in 26 and components of 24));
a connection member (64), arranged to connect the first shell with the second shell (64 connects 132 and 133);
wherein the connection member is arranged on one of the first shell and the second shell (63 is on 133);
the other one of the first shell and the second shell defines a connection hole (72; 72 is on 132)
the connection member extends through the inner space (64 extends though and within the inner space) to be further inserted in the connection hole (64 is inserted to 62);
a blocker (70) is arranged and inserted in the connection hole to shield the connection member (70 shields 68 and is inserted into 72).
Regarding claim 17, Liu discloses:
wherein the blocker has an exposed surface after being inserted into the connection hole (Fig 9: 70 has a surface that isa exposed);
the exposed surface flushes with an outer surface of the one of the first shell and the second shell defining the connection hole (70 is flushed with 132).
Regarding claim 18, Liu discloses:
wherein the connection member is a screw or a rivet (Fig 9: 68 is a screw).
Rejection 2
Claims 1-7 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. US 11187241.
Regarding claim 1, Liu discloses: A neck fan (Fig 28 and 34), configured to be worn around a neck of a user, comprising:
a shell (Fig 34: 12, 13a, 13b), comprising an inner shell (Inner side of 12 and 13b) and an outer shell (Outer side of 12 and 13a) connected to the inner shell (12, 13a, 13b are all connected),
wherein the inner shell is disposed near the neck (Inner side of 12 and 13b is near the neck), and the outer shell is disposed away from the neck (Outer side of 12 and 13a is away from the neck);
the inner shell and the outer shell cooperatively define an inner space therebetween (Inner shell 12 and 13b and outer shell of 12 and 13a all define an inner space therebetween (where 122 is located and the fluid flows in 26 and components of 24));
wherein the outer shell is arranged with a connection post (post of 13a; as seen in the clip below),
the inner shell defines a connection hole (Fig 28: 54);
the connection post extends through the inner space (post of 13a extends though and within the inner space) to be further inserted in the connection hole (post of 13a is inserted to 54);
a blocker (Fig 30: Screw/ attachment to the connection post as seen in the clip below) is arranged and inserted in the connection hole (screw is inserted into the hole 54);
the connection post and the blocker are inserted into the connection hole from two opposite directions of the connection hole (screw and connection post are inserted into 54; similar to fig 11 in the arguments).
PNG
media_image3.png
474
638
media_image3.png
Greyscale
PNG
media_image4.png
238
238
media_image4.png
Greyscale
Regarding claim 2, Liu discloses:
wherein the connection hole is a through hole that penetrates the inner shell in a thickness direction of the inner shell (Fig 28, 30, and 34: 54 is a through hole that penetrates through the thickness of 12).
Regarding claim 3, Liu discloses:
wherein the connection hole has a first opening facing towards the neck (Fig 28 and 29: Hole part of 54 facing towards neck) and a second opening facing towards the outer shell (Hole part of 54 facing towards 13a).
Regarding claim 4, Liu discloses:
wherein the connection post is protruding from an inner surface of the outer shell towards the inner shell (Fig 28, 30, and 34: post protrudes from the inner surface of 13a towards 12).
Regarding claim 5, Liu discloses:
wherein the connection post is inserted into the connection hole through the second opening (Fig 28, 30, and 34: post is inserted into the hole 54 though the opening of 54 that faces 13a).
Regarding claim 6, Liu discloses:
wherein the blocker is inserted into the connection hole through the first opening (Fig 28, 30, and 34: screw is inserted into 54 through the part of the opening facing the neck).
Regarding claim 7, Liu discloses:
wherein an outer surface of the blocker is exposed out of the inner shell and is flushed with an exposed outer surface of the inner shell, and the exposed outer surface is a surface facing towards the neck (Fig 28, 30, and 34: outer surface of the screw is exposed out of 13b and is flush with the surface of 12 and 13b facing the neck).
Regarding claim 19, Liu discloses:
wherein, the connection hole is a through hole that penetrates the inner shell, from an exposed outer surface of the inner shell, in a thickness direction of the inner shell (Fig 28, 30, and 34: 54 is a through hole that penetrates the inner shell and forms an outer surface with 13b in the full thickness of the inner shell 13b).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Rejection 1
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. US 11187241.
Regarding claim 16, Liu teaches the snap cap (Fig 9: 70) is mounted to the groove (72) in a snap fit mode to shield the screws (68) from being exposed so that the appearance of the product is more attractive (Col 11, line 49-52). However, Liu does not teach
wherein the blocker and the one of the first shell and the second shell defining the connection hole are made of a same material and are in a same colour.
Since the applicant has not disclosed that having the blocker and shell being the same material and color solves any stated problem or is for any particular purpose and since it appears that the shield and shell of Liu would perform equally well being the same material and color as claimed by the applicant, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the blocker and shell of Liu to be the same material and color as an obvious matter of design choice, especially since Liu teaches making the product more attractive (Col 11, line 49-52).
Allowable Subject Matter
Claim 20 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.
Regarding claim 20, the claim recites “wherein the inner space comprises an air duct, a fan assembly is received in the air duct and is configured to generate an airflow flowing through the air duct; the connection post extends through the air duct to be further inserted in the connection hole” and is considered allowable subject matter. The closest prior art of Liu et al. US 11187241 discloses an inner space, however only a portion of the space is an air duct. The connection post does not extend through the airduct and is separate from the air duct. This distinguishes itself over the prior art of Liu.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew J Marien whose telephone number is (469)295-9159. The examiner can normally be reached 9:00 am- 6:00 pm CST, Monday through Friday.
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, Courtney Heinle can be reached at (571) 270-3508. 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.
/Andrew J Marien/Primary Examiner, Art Unit 3745