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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 28 October 2025 is acknowledged.
Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 28 October 2025.
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.
Claim(s) 1, 7-8, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bylund (US 20170089349).
Regarding claim 1, Bylund discloses A blower, comprising:
a main body (Figure 1, item 110);
an air duct extending between an air inlet and an air outlet opposite the air inlet (Figure 1 shows a duct body 150 with an outlet 156 that combines with the motor housing 120 to define the inlet 158 as well), the air duct including an air duct body (The combination of 150 and 120 form the air duct body);
a motor for driving a fan (Par. 0021) disposed in the air duct body between the air inlet and the air outlet (This language allows for either of the fan or motor to be disposed in the air duct body while meeting the limitations. Paragraph 0021 describes the fan being placed in the flowpath and Paragraph 0015 describes the motor being located in the motor housing portion which is part of the air duct body and located between the inlet and the outlet as the inlet extends entirely to the back of the housing); and
a controller disposed in the main body (Par. 0023 describes a processor serving as a controller) and electrically coupled to the motor for controlling a power output of the motor (Par. 0023 describes the processor operating the functions described below which interface and control the motor), the controller configured to:
receive a power setpoint (Paragraph 0025 describes the cruise control or regular mode having a maximum speed that can be set by the user. Paragraph 0026 further describes that increased speed is achieved by increased power, so when the speed being modified is discussed in the prior art, the power must follow to achieve that speed),
operate in a first mode based on the power setpoint being less than or equal to a power threshold (Paragraph 0025 describes that during the cruise control mode the power setpoint is maintained at below the threshold), and
operate in a second mode based on the power setpoint being greater than the power threshold (Paragraph 0026 describes that the boost mode operates the speed of the blower and thereby the power of the blower above the threshold provided at the maximum of the blower).
Regarding claim 7, Bylund discloses that the controller is configured to operate in a plurality of operating modes, the plurality of operating modes including the first mode and the second mode; and each of the plurality of operating modes include a power range. Paragraph 0025 describes that the cruise mode operates below a max set speed and thereby power range and paragraph 0026 describes that the boost mode operates at the maximum speed and thereby power of the blower. As the motor and power must speed from that cruise mode max power up to the maximum speed and power, the boost mode range goes from the max speed of the cruise mode to the max speed and power.
Regarding claim 8, Bylund discloses that the first mode includes a first power range and the second mode includes a second power range different from the first power range. See description of power ranges in the rejection of claim 7 above.
Regarding claim 10, Bylund discloses that the controller is configured to maintain a constant power output. The claim does not require the controller to always maintain a constant power output under ever condition. As such, the boost mode (par. 0026) describes providing the maximum speed and thereby maximum power which would be constant. Further, paragraph 0025 describes that the cruise mode can operate at the set speed and power point constantly with the trigger fully engaged which provides a constant power determined through the controller.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bylund (US 20170089349) in view of Morimura (US 20200378394).
Regarding claim 2, Bylund discloses the limitations of claim 1 as set forth in the above 102 rejection and that the controller is further configured to perform a first plurality of operations in the first mode, the first plurality of operations comprising: receiving a rotational speed setpoint of the fan of the motor (Par. 0025 describes a maximum speed for the mode). However, Bylund does not explicitly disclose receiving a measured rotational speed of the fan of the motor; comparing the rotational speed setpoint to the measured rotational speed to obtain a speed difference; and adjusting a rotational speed of the fan of the motor based on the speed difference obtained.
Bylund and Morimura are analogous prior art because both describe fan structures with controllers to modulate the speed. Morimura teaches a controller receiving a measured rotational speed of the fan of the motor (Par. 0047); comparing the rotational speed setpoint to the measured rotational speed to obtain a speed difference; and adjusting a rotational speed of the fan of the motor based on the speed difference obtained (Pars. 0047-0048 describes using the measured rotational speed to keep the speed at the target speed, which requires comparing the two and adjusting the motor). Bylund already describes that various motor sensors can be used to selectively control the application of power to the motor based on user intent (Par. 0019) so the addition of a specific sensor as part of the operating modes of Bylund would provide predictable results. Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the speed sensor and comparative speed control of Morimura in the system of Bylund because it allows for precise control and consistency of the speed (Morimura Pars. 0047-0048) and combining prior art elements according to known methods is obvious with predictable results. See MPEP 2143(I)(A).
Claim(s) 3-6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bylund (US 20170089349) in view of Mullin (US 20210025631).
Regarding claim 3, Bylund discloses the limitations of claim 1 as set forth in the above 102 rejection. However, Bylund does not explicitly disclose that the controller is further configured to perform a second plurality of operations in the second mode, the second plurality of operations comprising: receiving a measured power; comparing the measured power to the power setpoint to obtain a power difference; generating a control signal based on the power difference; and adjusting the power output of the motor based on the control signal.
Bylund and Mullin are analogous prior art because both describe fan structures with controllers to modulate the speed. Mullin teaches using a power sensor to determine the operating status of the fan (Par. 0009) and using the power sensed to create a signal to modify the voltage and current to the fan (Pars. 0041-0042) to adjust the speed of the fan. Bylund already describes that various motor sensors can be used to selectively control the application of power to the motor based on user intent (Par. 0019) so the addition of a specific sensor as part of the operating modes of Bylund would provide predictable results. Further, Mullin describes that the use of the sensors allows for more changes in the system (Pars. 0044-0045). Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the power sensor of Mullin in the system of Bylund because the use of the sensors allows for more changes in the system (Pars. 0044-0045) and combining prior art elements according to known methods is obvious with predictable results. See MPEP 2143(I)(A). As Bylund already describes ensuring that the speed and thereby the power of the system stays below the setpoint in the first mode, the sensed power must be compared to the setpoint power to adjust and maintain the speed below the setpoint of Bylund in view of Mullins.
Regarding claim 4, Bylund in view of Mullins teaches that the adjusting the power output of the motor includes adjusting a voltage output of the motor based on the control signal (Bylund describes adjusting the power provided to the motor to determine the speed and Mullins paragraph 0034 describes that adjusting the speed of the motor is achieved by changing the compressor voltage).
Regarding claim 5, Bylund in view of Mullins teaches that the adjusting the power output of the motor includes adjusting a rotational speed of the fan. As described in the rejection of claim 1 above, adjusting the power of the motor changes the speed of the motor and the fan.
Regarding claim 6, Bylund in view of Mullins teaches that adjusting the rotational speed of the fan comprises: increasing the rotational speed of the fan if the measured power is less than the power setpoint; and decreasing the rotational speed of the fan if the measured power is greater than the power setpoint. As described in the rejections of claims 1 and 3 above, the speed and power of the motor and fan is adjusted to be maintained below the maximum power of the cruise mode. As such, when the set point is increased and the power is below the set point, the power and speed is increased to adjust and when the power is above the setpoint during the boost mode and the cruise mode is re-engaged, the power and speed is decreased to adjust. Further, the retaining of the set point cannot be achieved without preventing the power and speed from going above the set point which would require lowering the power.
Regarding claim 9, Bylund discloses the limitations of claim 7 as set forth in the above 102 rejection along with disclosing that the controller is further configured to: obtain an assigned power range based on the power setpoint being within the power range of one of the plurality of operating modes (see discussion of power ranges in the rejection of claim 7 above). However, Bylund does not explicitly disclose the controller configured to receive a measured power output; compare the measured power output to the assigned power range; and operate the motor such that the power output is within the assigned power range.
Bylund and Mullin are analogous prior art because both describe fan structures with controllers to modulate the speed. Mullin teaches using a power sensor to determine the operating status of the fan (Par. 0009) and using the power sensed to create a signal to modify the voltage and current to the fan (Pars. 0041-0042) to adjust the speed of the fan. Bylund already describes that various motor sensors can be used to selectively control the application of power to the motor based on user intent (Par. 0019) so the addition of a specific sensor as part of the operating modes of Bylund would provide predictable results. Further, Mullin describes that the use of the sensors allows for more changes in the system (Pars. 0044-0045). Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the power sensor of Mullin in the system of Bylund because the use of the sensors allows for more changes in the system (Pars. 0044-0045) and combining prior art elements according to known methods is obvious with predictable results. See MPEP 2143(I)(A). As Bylund already describes ensuring that the speed and thereby the power of the system stays below the setpoint in the first mode, the sensed power must be compared to the setpoint power and range to adjust and maintain the speed below the setpoint of Bylund in view of Mullins.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892. Je (US 12116713), Kawai (US 11962257), Rollins (US 10670028), Izumi (US 20180156225), and Madsen (US 8066480) show various motor speed and power controls with sensors to help with the controls. Koide (US 11771018), Naka (US 20210148372), Chung (US 20200096001), Shangguan (US 20190045725), Poole (US 20160198636), and Prager (US 20150237808) show various portable blower designs.
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/THEODORE C RIBADENEYRA/ Examiner, Art Unit 3745