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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 7, 2026 has been entered.
Response to Amendment
Claims 1-20 remain pending in the application. Claims 16, 17 and 20 remain withdrawn from consideration. The previous objections to claims 6-11 are withdrawn in light of the Applicant's amendment to claims 6-8 sand 10.
Claim Objections
Claim 18 is objected to because of the following informalities:
In claim 18 line 24, “angel” would be clearer if written as --angle--.
Appropriate correction is required.
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: the first clamping device in claims 1, 8, 12, 15 and 19; and the plurality of first, second, third and fourth clamping members in claims 12 and 13.
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 § 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.
Claims 1-4, 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2014/0093404 to Long in view of U. S. Patent Publication 2021/0340991 to Ojima and U. S. Patent Publication 2020/0248700 to Potratz.
Referring to claim 1, Long teaches a portable fan, comprising:
a housing body (130), wherein the housing body (130) is provided with an accommodating chamber, an air inlet, and an air outlet; the air outlet, at least part of the accommodating chamber and the air inlet are communicated to each other in sequence (Figures 1-3, Figures 1 and 3 annotated below; paragraphs [0021] - [0022]);
a fan assembly (110, 120), wherein the fan assembly (110, 120) is located within the accommodating chamber and between the air inlet and the air outlet, and is configured to drive an air flow to flow from the air inlet to the air outlet (Figures 1-3, Figures 1 and 3 annotated below; paragraphs [0021] - [0022]);
a power supply (comprising the batteries in 140) located within the accommodating chamber and electrically connected to the fan assembly (110, 120) to supply power to the fan assembly (comprising the batteries in 140) (Figures 1-3, Figures 1 and 3 annotated below; paragraphs [0021] - [0022]); and
a first clamping device (150), wherein the first clamping device (150) is connected to one side of the housing body (130), and is configured to form a clamping space with the housing body (130) for clamping an external object, so as to fix the portable fan onto the external object (Figures 1-3, Figures 1 and 3 annotated below; paragraphs [0021] - [0022]);
wherein the fan assembly (110, 120) comprises a motor (120), a fan blade (110) and a fan shell, the motor (120) and the fan blade (110) are arranged within the fan shell, the fan shell comprises a plurality of air guide blades arranged in an annular manner on an airflow side (downstream side) of the fan blade (110) and an annular wall structure located outside the plurality of air guide blades (Figures 1-3, Figures 1 and 3 annotated below; paragraphs [0021] - [0022]); and
wherein the air guide blades are configured to guide the airflow from the fan blade (110) along a direction of an output shaft of the motor (120) to the air outlet, and each two adjacent air guide blades of the plurality of air guide blades defines an axial air guide channel configured to allow the airflow from the air inlet to pass therethrough to the air outlet (Figures 1-3, Figures 1 and 3 annotated below; paragraphs [0021] - [0022]).
[AltContent: textbox (First Side)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Air Inlet Cover )][AltContent: arrow][AltContent: arrow][AltContent: textbox (Air Inlet Holes)][AltContent: arrow][AltContent: textbox (Rib)][AltContent: arrow][AltContent: textbox (Grille)][AltContent: arrow][AltContent: textbox (Grille)][AltContent: arrow][AltContent: textbox (Second Side)][AltContent: textbox (Sixth Side)][AltContent: textbox (Air Outlet Hood)][AltContent: arrow][AltContent: textbox (Air Outlet Hood)][AltContent: arrow][AltContent: textbox (Fan Shell )][AltContent: arrow][AltContent: textbox (Fifth Side)][AltContent: textbox (Air Inlet)][AltContent: textbox (Fifth Side)][AltContent: textbox (Housing Body)][AltContent: textbox (Fourth Side)][AltContent: textbox (Third Side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First Side)][AltContent: arrow][AltContent: textbox (Third Preset Direction)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second Preset Direction)][AltContent: arrow][AltContent: textbox (First Preset Direction)][AltContent: arrow][AltContent: textbox (Sixth Side)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Annotation of Long Figure 1.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Housing)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second Clamping Members)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Accommodating Space)][AltContent: arrow][AltContent: textbox (First Portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First Clamping Members)][AltContent: arrow][AltContent: textbox (Second Portion)][AltContent: textbox (Mounting Shell)][AltContent: textbox (Sidewall )][AltContent: arrow][AltContent: arrow][AltContent: textbox (Air Guide Blade)][AltContent: textbox (Air Outlet Hole)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Air Outlet)][AltContent: textbox (Air Outlet Hood)][AltContent: textbox (Grille)][AltContent: arrow][AltContent: textbox (Air Inlet)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Output Shaft)][AltContent: arrow]
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[AltContent: textbox (Annular Wall Structure)]
Annotation of Long Figure 3.
Long does not teach an inner diameter of at the least of the annular wall structure gradually decreases along the airflow direction (discharge direction, downward in Fig. 2). Ojima teaches a portable fan wherein:
an inner diameter of an annular wall structure (21, 23) gradually decreases (in section 23 of the annular wall structure 21, 23) along the airflow direction (discharge direction) (Figures 2-5; paragraphs [0030]-[0032]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the fan taught by Long with the annular wall structure taught by Ojima in order to form a nozzle at the outlet of the fan, thereby focusing the air flow discharged.
Long and Ojima do not teach wherein each air guide blade is inclined to a radial direction of the annular wall structure to form an angle. Potratz teaches a fan wherein:
each air guide blade (56) is inclined to a radial direction of an annular wall structure (52) to form an angle (Figures 10-12, 16 and 17; paragraph [0058]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the fan taught by Long with the air guide blade inclination taught by Potratz in order to guide the flow of air through the fan, to either add or remove swirl in the flow.
Referring to claim 2, Long, Ojima and Potratz teach a portable fan comprising all the limitations of claim 1, as detailed above and Long further teaches a fan wherein:
the fan shell further comprises a sidewall structure, the plurality of air guide blades connects with an inner side of the sidewall structure, the air guide blades and the motor (120) are located in the sidewall structure, and the plurality of air guide blades are located between the fan blade (110) and the annular wall structure (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]).
Referring to claim 3, Long, Ojima and Potratz teach a portable fan comprising all the limitations of claim 1, as detailed above, but Long does not teach air outlet blades. Ojima further teaches a fan wherein:
a fan shell comprises a plurality of air outlet blades (753) arranged on an air outlet side of the annular wall structure (21, 23) (in 23 which is on the outlet end of the annular wall structure formed by 21 and 23), and the plurality of air outlet blades (753) are located on a side of a plurality of air guide blades (735) opposite fan blades (633) (Fig. 5; paragraphs [0044], [0045], [0052], [0056] and [0057]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the fan taught by Long with the air outlet blades taught by Ojima in order to control the flow heading to the fan outlet.
Referring to claim 4, Long, Ojima and Potratz teach a portable fan comprising all the limitations of claim 1, as detailed above, but Long does not teach air outlet blades. Ojima further teaches a fan wherein:
the plurality of air outlet blades (753) connect with an inner side of the annular wall structure (21, 23) (Fig. 5; paragraphs [0044], [0045], [0052], [0056] and [0057]).
Referring to claim 6, Long, Ojima and Potratz teach a portable fan comprising all the limitations of claim 1, as detailed above and Long further teaches a fan wherein:
the fan shell further comprises a grille having a plurality of air inlet holes, the grille is located on an air inlet side of the fan shell (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]).
Long is silent as to the size of the air inlet holes. Ojima further teaches a fan wherein the diameter of the fan is 30mm to 70mm (claim 1). If the diameter of the fan is 30mm, a diameter of each air inlet hole (201) must therefore be smaller than 30mm and within the claimed range of 0.2mm to 30 mm.
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to make a diameter of each air inlet hole in a range from 0.2mm to 30mm, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237, (CCPA 1955)), and since the Federal Circuit 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 (In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
Referring to claim 7, Long, Ojima and Potratz teach a portable fan comprising all the limitations of claim 6, as detailed above and Long further teaches a fan wherein:
the fan shell further comprises an air inlet cover, the grille is installed on an inner side of the air inlet cover, the air inlet cover is on one end of grille opposite to an air outlet hood; the air inlet cover is annular (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]).
Long is silent as to how the air inlet cover is attached to the sidewall structure. Ojima further teaches a portable fan wherein:
an outer side surface of one end of a sidewall structure (21, 23) is provided with a stepped groove, the air inlet cover (25) is sleeved on the stepped groove, and an inner side surface of the air inlet cover (25) is connected with an outer side surface of the sidewall structure (Figures 2-4, Fig. 4 annotated below; paragraph [0032]).
[AltContent: textbox (Sidewall Outer Side Surfaces)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Cover Inner Side Surfaces)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Stepped Groove)]
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Annotation of Ojima Figure 4.
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the fan taught by Long with the air inlet cover attachment taught by Ojima in order to provide a means for locating the cover in the center of the sidewall structure.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2014/0093404 to Long in view of U. S. Patent Publication 2021/0340991 to Ojima, U. S. Patent Publication 2020/0248700 to Potratz and U. S. Patent Publication 2014/0234130 to Yamaoka
Referring to claim 5, Long, Ojima and Potratz teach a portable fan comprising all the limitations of claim 2, as detailed above, but are silent as to wires for delivering power to the motor, though there must be such. Yamaoka teaches a portable fan wherein:
a sidewall structure comprises a gap (176), and a conducting wire connected to a motor (172) passes through the gap (176) and connects with a control assembly (14) (Figures 7 and 8; paragraphs [0024] and [0027]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the fan taught by Long with the gap taught by Yamaoka in order to provide space for the wires which provide power to the motor.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2014/0093404 to Long in view of U. S. Patent Publication 2021/0340991 to Ojima.
Referring to claim 8, Long teaches a portable fan, comprising:
a housing body, wherein the housing body is provided with an accommodating chamber, an air inlet, and an air outlet; the air outlet, at least part of the accommodating chamber and the air inlet are communicated to each other in sequence (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]);
a fan assembly (110, 120), wherein the fan assembly (110, 120) is located within the accommodating chamber and between the air inlet and the air outlet, and is configured to drive an air flow to flow from the air inlet to the air outlet (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]);
a power supply (comprising the batteries in 140) located within the accommodating chamber and electrically connected to the fan assembly (110, 120) to supply power to the fan assembly (comprising the batteries in 140) (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]); and
a first clamping device (150), wherein the first clamping device (150) is connected to one side of the housing body, and is configured to form a clamping space with the housing body for clamping an external object, so as to fix the portable fan onto the external object (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]);
wherein the fan assembly (110, 120) comprises a motor (120), a fan blade (110) and a fan shell, the motor (120) and the fan blade (110) are arranged within the fan shell, the fan shell comprises a plurality of air guide blades arranged in an annular manner on an airflow side (downstream side) of the fan blades (110) (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]); and
wherein the plurality of air guide blades are configured to guide the airflow from the fan blade (110) along a direction of an output shaft of the motor (120) to the air outlet, and
each two adjacent air guide blades of the plurality of air guide blades defines an axial air guide channel configured to allow the airflow from the air inlet to pass therethrough to the air outlet, and each two adjacent air outlet blades of the plurality of air outlet blades defines an axial air out channel configured to allow the airflow from the air guide channel to pass therethrough to the air outlet (Figures 1-3, Figures 1 and 3 annotated below; paragraphs [0021] - [0022]).
Long does not teach air outlet blades. Ojima further teaches a fan wherein:
a plurality of air outlet blades (753) located on a side of a plurality of air guide blades (735) opposite a fan blade (633) wherein the plurality of air outlet blades (753) are configured to guide the airflow from the fan blade (633) along a direction of an output shaft (45) of the motor (120) to an air outlet (203) (Figures 3-12; paragraphs [0044], [0045], [0052], [0056] and [0057]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the fan taught by Long with the air outlet blades taught by Ojima in order to control the flow heading to the fan outlet.
Referring to claim 9, Long and Ojima teach a portable fan comprising all the limitations of claim 8, as detailed above and Long further teaches a fan wherein:
the fan shell further comprises a sidewall structure, the plurality of air guide blades connects with an inner side of the sidewall structure, the air guide blades and the motor (120) are located in the sidewall structure, and the plurality of air guide blades are located between the fan blade (110) and the annular wall structure (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]).
Referring to claim 10, Long and Ojima teach a portable fan comprising all the limitations of claim 9, as detailed above, but Long does not teach air outlet blades. Ojima further teaches a fan wherein:
the plurality of air outlet blades (753) connect with (via 21 and 23) a surface of the plurality of air guide blades on a side of the plurality of air guide blades that is opposite to a side of the air guide blades (735) where the fan blade (633) is located (Fig. 5; paragraphs [0044], [0045], [0052], [0056] and [0057]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2014/0093404 to Long in view of U. S. Patent Publication 2021/0340991 to Ojima and U. S. Patent Publication 2014/0234130 to Yamaoka.
Referring to claim 11, Long and Ojima teach a portable fan comprising all the limitations of claim 9, as detailed above, but are silent as to wires for delivering power to the motor, though there must be such. Yamaoka teaches a portable fan wherein:
a sidewall structure comprises a gap (176), and a conducting wire connected to a motor (172) passes through the gap (176) and connects with a control assembly (14) (Figures 7 and 8; paragraphs [0024] and [0027]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the fan taught by Long with the gap taught by Yamaoka in order to provide space for the wires which provide power to the motor.
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2014/0093404 to Long in view of U. S. Patent Publication 2020/0248700 to Potratz.
Referring to claim 18, Long teaches a portable fan, comprising:
a housing body (130), wherein the housing body (130) is provided with an accommodating chamber, an air inlet, and an air outlet; at least part of the accommodating chamber and the air inlet are communicated to each other in sequence (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]);
a fan assembly (110, 120), wherein the fan assembly (110, 120) is located within the accommodating chamber and between the air inlet and the air outlet, and is configured to drive an air flow to flow from the air inlet to the air outlet (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]);
a power supply assembly (comprising the batteries in 140), wherein the power supply assembly (comprising the batteries in 140) is located within the accommodating chamber, and the power supply assembly (comprising the batteries in 140) is electrically connected to the fan assembly (110, 120) to supply power to the fan assembly (comprising the batteries in 140) (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]); and
a first clamping device (150), wherein the first clamping device (150) is connected to one side of the housing body (130), and is configured to form a clamping space with the housing body (130) for clamping an external object, to fix the portable fan onto the external object (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]);
wherein the fan assembly (110, 120) comprises a motor (120), a fan blade (110) and a fan shell, the motor (120) and the fan blade (110) are arranged in the fan shell; and the motor (120) is located between the fan blade (110) and the air outlet, the fan shell comprises a plurality of air guide blades arranged in an annular manner on an airflow side of the fan blade and an annular wall structure located outside the plurality of air guide blades (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]).
Long does not teach a partition plate. Potratz teaches a portable fan wherein:
a housing body comprises a housing (38) and a mounting shell (14) connected to the housing (38), the mounting shell (14) comprises a partition plate (70), and the fan assembly (inside 38) and the power supply assembly (72) are respectively located on two sides of the partition plate (70) (Figures 10 and 11; paragraphs [0063]-[0066]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the fan taught by Long with the partition plate taught by Potratz in order to support the power supply (paragraph [0066]).
Long does not teach wherein each air guide blade is inclined to a radial direction of the annular wall structure to form an angle. Potratz teaches a fan wherein:
a deflection direction of a fan blade (50) relative to a radial direction of a motor (40) is different from a deflection direction of air guide blades (56) relative to the radial direction of the motor (40), and the fan blade (50) is inclined to the radial direction of the motor (40) to form an angle (Figures 10-17; paragraphs [0056]-[0058]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the fan taught by Long with the air guide blade inclination taught by Potratz in order to guide the flow of air through the fan, to remove swirl in the flow.
Referring to claim 19, Long and Potratz teach a portable fan comprising all the limitations of claim 18, as detailed above, and Long further teaches a portable fan wherein:
the first clamping device (150) is connected to the mounting shell and is integral with the mounting shell (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]).
The method of forming the device is not germane to the issue of patentability of the device itself (see MPEP § 2113). Therefore, the recitation of the first clamping device limitation being integrally formed with the mounting shell has not been given patentable weight. Furthermore, Long discloses the claimed invention except for the first clamping device integrally formed with the mounting shell. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the first clamping device integrally formed with the mounting shell, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, and since it has been held that the use of a one piece construction instead of the structure disclosed in the prior art would be merely a matter of obvious engineering choice. Howard v. Detroit Stove Works, 150 U.S. 164 (1893); In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965); MPEP §2144.04 V B.
Allowable Subject Matter
Claims 12-15 are allowable. The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach a portable fan comprising all the limitations of claim 12, but more specifically wherein the housing body comprises a first portion and a second portion, the first portion and the second portion are arranged in sequence and cooperate to form the accommodating chamber, a plurality of first clamping members are arranged at an edge of the first portion and a plurality of second clamping members are arranged at an edge of the second portion; a mounting shell is at least partially arranged in the accommodating chamber, and the fan assembly is arranged between the first portion and the mounting shell.
Response to Arguments
Applicant's arguments have been considered but, unless otherwise addressed below, are moot in view of the new grounds of rejection.
The Applicant argues that “first clamping device” and “first, second, third and fourth clamping members” do not use “means for” or “step for” and are not nonce words or generic placeholders. Remarks 2. However, even though these recitations do not comprise the words “means for” or “step for,” the words assembly and device are generic placeholders (nonce terms). Furthermore, these recitations are followed by functional language (“configured to…”), and there is no modifying structure recited for any of these recitations. The Applicant further argues that a “clamping device” and a “clamping member” have recognized structure. Remarks 3. However, the Applicant has only recited possible structures for the clamping device/members and not provided any evidence of that structure being the recognized structure for these recitations.
The Applicant argues that the Long drawings do not clearly show the cited air guide blade. Remarks 6. However, as seen in the Figures, Figure 3 annotated above, Long clearly discloses blades which connects the motor to the sidewall in the accommodating space, with an air guide channel between adjacent blades to allow airflow from the inlet to pass therethrough to the outlet.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746
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