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 .
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) 1-2, 4-7, 15-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ojeda (US PGPub No. 2014/0328671).
Ojeda teaches:
limitations from claim 1, a fan (FIG. 5 for example) comprising: a fan housing (12) having a main outlet (24, 26) formed along a front face of the fan housing; a blower assembly (42; paragraph 23) positioned within the fan housing (FIG. 5), where the blower assembly comprises a blower (paragraph 23; “transverse blower”) and a first motor (paragraph 23; “motor”) for rotating the blower to generate airflow (paragraph 24); a blower housing (as seen in FIG. 5-6 forming the plenum 44 for example) positioned within the fan housing and surrounding at least a portion of the blower (FIG. 5), the blower housing having a blower outlet positioned within a lower portion of the fan housing and rearward of the main outlet (see FIG. 5 annotated below); and an air duct chamber (plenum 44) formed between the blower outlet and the main outlet, the air duct chamber including an angled interior wall that extends upward from the blower outlet toward an upper portion of the main outlet (see annotated FIG. 5 below);
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limitations from claim 2, where the blower housing is a volute (see FIG. 5);
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limitations from claim 4, where the main outlet has a height and where the blower outlet is positioned vertically below a midpoint of the height of the main outlet (see annotated FIG. below);
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limitations from claim 5, where the angled interior wall extends greater than the midpoint distance between the main outlet and the blower outlet (the duct and associated walls of the plenum extend to the main outlet at the area of grill 22);
limitations from claim 6, where the angled interior wall is configured to induce a portion of the airflow expelled from the blower outlet to adhere to and follow the angled interior wall toward the upper portion of the main outlet (see the arrows 46 in FIG. 6; paragraph 24);
limitations from claim 7, where the fan housing is supported by a base (14) having a second motor, where the second motor is configured to oscillate the fan housing relative to the base (paragraph 31);
limitations from claim 15, a fan (FIG. 5) comprising: a fan housing (12) having a main outlet (24) having an upper portion and lower portion (38, 36); a blower assembly (42) positioned within the fan housing, where the blower assembly comprises a blower (paragraph 23, “transverse blower”) and a first motor (paragraph 23) for rotating the blower to generate airflow (paragraph 24); a blower housing positioned within the fan housing (as seen in FIG. 5-6 forming the plenum 44 for example), the blower housing having a blower housing outlet (see annotated FIG. 5 below) positioned within the fan housing; and an air duct (plenum 44) formed between the blower outlet and the main outlet, the air duct including an angled interior wall (see annotated FIG below) that extends greater than half the distance between the blower outlet and the main outlet (the duct and associated walls of the plenum extend to the main outlet at the area of grill 22);
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limitations from claim 16, where the blower outlet and the main outlet have a height, where the height of the blower outlet is half or less than half the height of the main outlet (see FIG. 5-6; the outlet of blower 42 is clearly less than half the height of the main outlet ~26);
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limitations from claim 17, where a first portion of the airflow is expelled in an upward airflow direction from the upper portion of the main outlet and where a second portion of the airflow is expelled in a generally horizontal direction from the lower portion of the main outlet (see arrows in FIG. 6; paragraph 25);
limitations from claim 19, where the fan housing is supported by a base (14) via a support arm (56) having a first end (top side) and opposing second end (FIG. 8), where the fan housing is pivotally attached to the first end of the support arm for pivoting fan housing in a vertical plane (paragraph 31);
Claim(s) 1, 15, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lasko et al (US PGPub No. 2005/0031448).
Lasko teaches:
limitations from claim 1, a fan (100) comprising: a fan housing (102) having a main outlet (112) formed along a front face of the fan housing; a blower assembly (106) positioned within the fan housing (FIG. 4), where the blower assembly comprises a blower (paragraph 28) and a first motor (116) for rotating the blower to generate airflow (paragraph 34); a blower housing (122) positioned within the fan housing and surrounding at least a portion of the blower (FIG. 4), the blower housing having a blower outlet (~126) positioned within a lower portion of the fan housing and rearward of the main outlet (see FIG. 4); and an air duct chamber (132, 134) formed between the blower outlet and the main outlet, the air duct chamber including an angled interior wall that extends upward from the blower outlet toward an upper portion of the main outlet (see annotated FIG. 4 below);
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limitations from claim 15, a fan (100) comprising: a fan housing (102) having a main outlet (112) having an upper portion and lower portion (see FIG. 4A; the top and bottom portions of grill 136 roughly); a blower assembly (106) positioned within the fan housing, where the blower assembly comprises a blower (paragraph 28) and a first motor (116) for rotating the blower to generate airflow (paragraph 28); a blower housing positioned (122) within the fan housing (FIG. 4), the blower housing having a blower housing outlet (~126) positioned within the fan housing; and an air duct (132, 134) formed between the blower outlet and the main outlet (FIG. 4), the air duct including an angled interior wall (see annotated FIG. 4 below) that extends greater than half the distance between the blower outlet and the main outlet (the duct and associated walls of the plenum extend to the main outlet at the area of grill 136);
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limitations from claim 19, where the fan housing is supported by a base (160) via a support arm (motor plate 146 with upwardly extending shaft; FIG. 2) having a first end and opposing second end, where the fan housing (102) is pivotally attached to the first end of the support arm for pivoting fan housing in a vertical plane (C. 5 Lines 17-27);
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) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ojeda (US PGPub No. 2014/0328671).
Ojeda teaches:
limitations from claim 8, a fan (FIG. 5 for example) comprising: a fan housing (12) having a length, height and width; a main outlet (24, 26) having a length (from 38-36), height and width (clearly seen in FIG. 7 at 26), where the main outlet extends vertically along the height of the fan housing, where the width of the main outlet is less than half the width of the fan housing (Ojeda appears to show, in FIG. 4, at least a portion of the outlet with a width less than a width of the housing 102…but does not expressly disclose a relationship between the outlet width and the housing width. However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device; see MPEP 2144.04 Section IV.A); a blower (42) positioned within the fan housing for generating airflow (paragraph 23), where the blower includes at least one or more blades (see paragraph 23, “axial fan, transverse blower…”; unlabeled blades can also be seen in FIG. 6 at numeral 42) and a motor (paragraph 23, “motor”); and a blower housing (as seen in FIG. 5-6 forming the plenum 44 for example) positioned within the fan housing, where the blower housing includes a blower outlet positioned within a lower portion of the main outlet (see annotated FIG. 5 below);
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limitations from claim 9, where an air duct chamber (plenum 44) is formed between the blower outlet and the main outlet (see FIG. 5);
Claim(s) 8-9 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lasko et al (US PGPub No. 2005/0031448).
Lasko teaches:
limitations from claim 8, a fan (100) comprising: a fan housing (102) having a length, height and width (FIG. 4); a main outlet (112) having a length, height and width (clearly seen in FIG. 4A-B at 112, 136), where the main outlet extends vertically along the height of the fan housing (FIG. 4A), where the width of the main outlet is less than half the width of the fan housing (Lasko appears to show, in FIG. 4A, an outlet with close to or less than a width of the housing 102…but does not expressly disclose a relationship between the outlet width and the housing width. However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device; see MPEP 2144.04 Section IV.A); a blower (106) positioned within the fan housing for generating airflow (paragraph 28), where the blower includes at least one or more blades (see impellers 120a-b which include blades, see also FIG. 4B) and a motor (116); and a blower housing (122) positioned within the fan housing, where the blower housing includes a blower outlet (~126) positioned within a lower portion of the main outlet (see annotated FIG. 4);
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limitations from claim 9, wherein an air duct chamber (plenum 44) is formed between the blower outlet and the main outlet (see FIG. 5);
limitations from claim 14, where the air duct (132, 134) includes an interior wall positioned rearward of the main outlet (~102A), and where the fan further includes a remote control (paragraph 45 teaching a remote control and control assembly 170) that removably attaches to the interior wall;
Claim(s) 3, 10, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lasko et al (US PGPub No. 2005/0031448) as applied to claims 1, 8, and 15, and in further view of Schleeter (US Patent No. 6,282,746).
Regarding claims 3, 10, and 18:
Lasko does not teach the air duct having a narrowing taper;
Schleeter teaches a blower (100; FIG. 2) including an outlet duct (egress 114 from impeller 104 and housing 116); and wherein the outlet duct tapers to an outlet opening (118; C. 6 Lines 6-15);
It would have been obvious to one of ordinary skill in the art of blowers at the time the invention was filed to shape the duct of Lasko in various known manners, such as the tapered duct of Schleeter, in order to control and focus the flow of air from the blower (see C. 1 Lines 22-32 of Schleeter).
Regarding claims 19-20:
Lasko teaches an oscillation assembly (140) driven via a motor (144)
limitations from claim 20, where the second end of the support arm (at the plate portion of 146) is attached to the base (162) and where the base further includes an oscillating mechanism having a second motor (144), a drive gear (150) driven by the second motor, and an oscillation gear (Lasko does not expressly teach a second gear; However, it would have been obvious to one of ordinary skill in the art to provide another geared surface to engage and turn the gear and/or to provide additional gear sets) that engages with the drive gear, where the oscillating mechanism is configured rotate the fan housing in a horizontal plane (C. 5 Lines 17-27);
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ojeda (US PGPub No. 2014/0328671) as applied to claim 8, and in further view of Bartholmey (US Patent No. 6,282,746).
Regarding claim 11:
Ojeda does not teach an outlet grill extending along the blower outlet;
Bartholmey teaches a blower (20; FIG. 5) in which a grill (82) is located at the outlet of the blower;
It would have been obvious to one of ordinary skill in the art of blowers at the time the invention was filed to provide a grill in the outlet opening of the blower of Ojeda, as taught by Bartholemy, in order to protect the user from injuring themselves and to prevent debris from entering the blower.
Ojeda further teaches:
limitations from claim 12, where an angled interior wall extends upward from the blower outlet toward an upper portion of the main outlet (see annotated FIG. 5 below);
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limitations from claim 13, where a first portion of the airflow is expelled in an upward airflow direction from the upper portion of the main outlet and where a second portion of the airflow is expelled in a generally horizontal direction from the lower portion of the main outlet (see arrows in FIG. 6; paragraph 25);
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 6760543, 6202322, 4856968, and 10184495 teach blowers and their housings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S BOBISH whose telephone number is (571)270-5289. The examiner can normally be reached Mon-Fri 9-5.
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, 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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/CHRISTOPHER S BOBISH/Examiner, Art Unit 3746