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 10/2/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 4-5 and 12 are objected to because of the following informalities:
Claim 4 recites “sensing at least of at least one of a” in line 1. For clarity of the claim, it seems that it should be recited as “sensing at least one of a”.
Claim 5 recites “sensing at least of at least one of a” in line 1. For clarity of the claim, it seems that it should be recited as “sensing at least one of a”.
Claim 12 recites “motor” in line 2. For clarity of the claim, it should be recited as “the motor” since it is the second recitation of the limitation.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-7 and 10-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 8-9, and 21 of U.S. Patent No. 12363816. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application
U.S. Patent No. 12363816
Claim 1: A method comprising: energizing a motor coupled to a fan to cause an airflow within a flow tube of an apparatus;
directing the airflow from an inlet end to an outlet end of the flow tube; and
via an electrical ion generator, ionizing the airflow before or near the inlet end of the flow tube to reduce static electrical charges induced within the flow tube.
Claim 1: a fan and motor operable to generate an airflow;
a flow tube having an inlet end, an outlet end: and an interior surface, wherein, when configured as the blower, the fan forces the airflow into the inlet end and the flow tube delivers the airflow to the outlet end; and
an ion generator operable to ionize the airflow moving through the interior surface of the flow tube to reduce static electrical charges induced within at least the flow tube.
Claim 2: wherein the apparatus comprises a blower.
Claim 1: when configured as the blower,
Claim 4: sensing at least of at least one of a polarity or magnitude of the static electrical charges, and in response thereto, adjusting one or both of an output polarity and output magnitude of the electrical ion generator.
Claim 8: a charge sensor that produces a charge sensor signal indicative of at least one of polarity and magnitude of the static electrical charges, the charge sensor signal used to perform at least one of: adjusting one or both of an output polarity and output magnitude of the ion generator;
Claim 5: sensing at least of at least one of a polarity or magnitude of the static electrical charges, and in response thereto, enabling or disabling the electrical ion generator.
Claim 8: a charge sensor that produces a charge sensor signal indicative of at least one of polarity and magnitude of the static electrical charges, the charge sensor signal used to perform at least one of: enabling and disabling the ion generator.
Claim 1: A method comprising: energizing a motor coupled to a fan to cause an airflow within a flow tube of an apparatus;
directing the airflow from an inlet end to an outlet end of the flow tube; and
via an electrical ion generator, ionizing the airflow before or near the inlet end of the flow tube to reduce static electrical charges induced within the flow tube.
Claim 6: sensing ambient air humidity, and in response thereto, adjusting an output magnitude of the electrical ion generator in response to a change in the humidity.
Claim 9: An apparatus configured as a blower, vacuum, or combination thereof, comprising: a fan and motor operable to generate an airflow;
a flow tube having an inlet end, an outlet end, and an interior surface, the flow tube coupled receive the airflow at the inlet end and delivers the airflow to the outlet end;
an ion generator operable to ionize the airflow moving through the interior surface of the flow tube to reduce static electrical charges induced within at least the flow tube; and
a humidity sensor producing a humidity sensor signal, the humidity sensor signal used to perform one or both of: adjusting an output magnitude of the ion generator in response to a change in humidity indicated by the humidity sensor signal; and enabling and disabling the ion generator in response to a threshold humidity indicated by the humidity sensor signal.
Claim 1: A method comprising: energizing a motor coupled to a fan to cause an airflow within a flow tube of an apparatus;
directing the airflow from an inlet end to an outlet end of the flow tube; and
via an electrical ion generator, ionizing the airflow before or near the inlet end of the flow tube to reduce static electrical charges induced within the flow tube.
Claim 7: sensing ambient air humidity, and in response thereto, enabling or disabling the electrical ion generator in response to a threshold value of the ambient air humidity.
Claim 9: An apparatus configured as a blower, vacuum, or combination thereof, comprising: a fan and motor operable to generate an airflow;
a flow tube having an inlet end, an outlet end, and an interior surface, the flow tube coupled receive the airflow at the inlet end and delivers the airflow to the outlet end;
an ion generator operable to ionize the airflow moving through the interior surface of the flow tube to reduce static electrical charges induced within at least the flow tube; and
a humidity sensor producing a humidity sensor signal, the humidity sensor signal used to perform one or both of: adjusting an output magnitude of the ion generator in response to a change in humidity indicated by the humidity sensor signal; and enabling and disabling the ion generator in response to a threshold humidity indicated by the humidity sensor signal.
Claim 10: wherein the electrical ion generator is located between the fan and the inlet end of the flow tube.
Claim 1: wherein the ion generator is located at one of: between the fan and the inlet end of the flow tube; or at an inlet of the fan facing away from the inlet end of the flow tube.
Claim 11: wherein the electrical ion generator is located at an inlet of the fan facing away from the inlet end of the flow tube.
Claim 1: wherein the ion generator is located at one of: between the fan and the inlet end of the flow tube; or at an inlet of the fan facing away from the inlet end of the flow tube.
Claim 1: A method comprising: energizing a motor coupled to a fan to cause an airflow within a flow tube of an apparatus;
directing the airflow from an inlet end to an outlet end of the flow tube; and
via an electrical ion generator, ionizing the airflow before or near the inlet end of the flow tube to reduce static electrical charges induced within the flow tube.
Claim 12: wherein the electrical ion generator is located within a housing that encloses the fan and motor.
Claim 21: A blower comprising: a fan and motor operable to generate an airflow from an outlet of the fan; a flow tube coupled to the housing comprising:
an inlet end coupled to receive the airflow from the outlet of the fan; an outlet end coupled to expel the airflow from the blower; and an interior surface that encloses the airflow; and
an ion generator operable to ionize the airflow moving through the interior surface of the flow tube to reduce static electrical charges induced within at least the flow tube,
wherein the ion generator is located at one of: within the housing; at an air inlet of the housing; or within the flow tube near the inlet end.
a housing that encloses the fan and motor;
Claim 1: A method comprising: energizing a motor coupled to a fan to cause an airflow within a flow tube of an apparatus;
directing the airflow from an inlet end to an outlet end of the flow tube; and
via an electrical ion generator, ionizing the airflow before or near the inlet end of the flow tube to reduce static electrical charges induced within the flow tube.
Claim 13: wherein the electrical ion generator is located at an air inlet of the housing.
Claim 21: A blower comprising: a fan and motor operable to generate an airflow from an outlet of the fan; a flow tube coupled to the housing comprising:
an inlet end coupled to receive the airflow from the outlet of the fan; an outlet end coupled to expel the airflow from the blower; and an interior surface that encloses the airflow; and
an ion generator operable to ionize the airflow moving through the interior surface of the flow tube to reduce static electrical charges induced within at least the flow tube,
wherein the ion generator is located at one of: within the housing; at an air inlet of the housing; or within the flow tube near the inlet end.
a housing that encloses the fan and motor;
Claim 14: wherein the motor and the electrical ion generator are powered via a battery.
Claim 6: wherein the electric motor and the ion generator are powered by a battery.
Claims 1, 9 and 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12363816 in view of Yu US 11406726.
Regarding claim 1, U.S. Patent No. 12363816 discloses:
Claim 1: A method comprising: energizing a motor coupled to a fan to cause an airflow within a flow tube of an apparatus;
directing the airflow from an inlet end to an outlet end of the flow tube; and
via an electrical ion generator, ionizing the airflow before or near the inlet end of the flow tube to reduce static electrical charges induced within the flow tube.
Claim 1: a fan and motor operable to generate an airflow;
a flow tube having an inlet end, an outlet end: and an interior surface, wherein, when configured as the blower, the fan forces the airflow into the inlet end and the flow tube delivers the airflow to the outlet end; and
an ion generator operable to ionize the airflow moving through the interior surface of the flow tube to reduce static electrical charges induced within at least the flow tube.
With regard to claim 9, U.S. Patent No. 12363816 is silent as to:
enabling or disabling the ion generator in response to an output from a user interface circuit.
From the same filed of endeavor, Yu teaches:
enabling or disabling the ion generator in response to an output from a user interface circuit (Fig 1; Col 6, line 41- Col 7, line 8: Module selection switch 22 can switch the bipolar ion module on and off).
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 US Patent’s control system of the blower to have a module selection switch so that a user can turn on and off the ion generator when cleaning a dusty room (Col 9, line 40-46) or a regular room, which can save battery or allow for different modules to be used.
With regard to claim 15, U.S. Patent No. 12363816 is silent as to:
wherein the fan and the motor rotate along an axis parallel to the airflow.
From the same filed of endeavor, Yu teaches:
wherein the fan and the motor rotate along an axis parallel to the airflow (Fig 1: Fans and motor 23 are parallel to the airflow axis).
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 US Patent to have the teaching of the fan and motor being on an axis parallel as taught by Yu better move massive amounts of air though the blower (Col 6, line 41-44).
Allowable Subject Matter
Claims 1-15 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.
Claim 1 recites “ionizing the airflow before or near the inlet end of the flow tube to reduce static electrical charges induced within the flow tube” and is considered allowable subject matter. The closest prior art is Yu US 11406726. Yu teaches the ion generator being located within the blower flow tube but not before the inlet of the flow tube or in another location, such as at the inlet of the fan. This is not taught by the prior art and there is not a reference that would reasonably read onto these limitations under BRI. Yu is also charging the air to make particles that the air is blowing drop to the ground while applicant is doing it to reduce electrostatic charge within the flow tube. Yang et al. US 20190098844 also discloses a conductive material to remove electrostatic charge near the inlet of the flow tub, however, Yang is not generating ions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Griffiths et al. US 20170113229 discloses a similar ion generator as the present application. Chang et al. US 20150355693, Caffarella US 20110181996 and Nock et al. US 20130202413 discloses a similar ion generator and blower similar to the applicant. Barth et al. US 20160208822 discloses a electric motor similar to applicants for the blower. Terasaki US 20090207547 discloses a charge sensor to control ion generation similar to applicant. Eakins Jr et al. US 20160309661 discloses non-conductive material for the blower body that is similar to applicant’s blower body.
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/Andrew J Marien/Primary Examiner, Art Unit 3745