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 .
Response to Amendment
The amendment filed April 7, 2026 has been entered. Claims 1-20 remain pending in the application. Claims 16, 17 and 20 remain withdrawn from consideration. The previous 35 USC 112 rejections of claims 6 and 7 are withdrawn in light of the Applicant' s amendment to claim 6.
Claim Objections
Claims 6-11 are objected to because of the following informalities:
In claim 6 lines 2-3, “an inner diameter of each air inlet hole” would be clearer if written as --“a diameter of each air inlet hole-- since a hole does not have an inner diameter, it just has a diameter.
In claim 7 line 4-, “the sidewall structure” would be clearer if written as --a sidewall structure--.
In claim 7 line 5, “outer side” would be clearer if written as --inner side--.
In claim 8 line 19, “blades;” would be clearer if written as --blades; and--.
In claim 10 lines 1-3, “the plurality of air outlet blades connect with a surface of the plurality of air guide blades opposite one side of the fan blades” would be clearer if written as --the plurality of air outlet blades connect with 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 where the fan blade is located--.
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 fan assembly in claims 12, 14 and 18; the power supply assembly in claims 1, 8, 12, 14 and 18; 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 and 6-10 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 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 assembly (comprising the batteries in 140), wherein the power supply assembly (comprising the batteries in 140) is located within the accommodating chamber, 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 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 (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: 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: arrow][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.
Referring to claim 2, Long and Ojima 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 and Ojima 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 and Ojima 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 and Ojima 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 and Ojima 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.
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 assembly (comprising the batteries in 140), wherein the power supply assembly (comprising the batteries in 140) is located within the accommodating chamber, 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, 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 (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]).
Claims 5 and 11 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 2014/0234130 to Yamaoka.
Referring to claim 5, Long and Ojima 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.
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 12, 13 and 15 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 4,516,561 to Stawski.
Referring to claim 12, Long teaches a portable fan, comprising:
a housing body (130), wherein the housing body (130) is provided with an accommodating chamber (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 an air inlet and an 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, 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 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 (with the mounting shell), a plurality of first clamping members are arranged at an edge of the first portion, a plurality of second clamping members are arranged at an edge of the second portion; the plurality of first clamping members and a plurality of third clamping members (surfaces of the mounting shell that mate to the first clamping members) of a mounting shell are fastened together, the plurality of second clamping members and a plurality of fourth clamping members (surfaces of the mounting shell that mate to the second clamping members) are fastened together, and the mounting shell, the first portion and the second portion are connected together (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 (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]).
Long is silent as to the details of the surfaces of the mounting shell that mate to the first and second clamping members. Stawski teaches a portable fan wherein:
a plurality of first clamping members (70) of a first portion (66) of a housing body are fastened to a plurality of second clamping members (corresponding grooves in 42 and 46) of a mounting shell (16) (Figures 3 and 4; col. 2 lines 40-45).
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 clamping members taught by Stawski (by using the first clamping members of Stawski for the clamping members of the first and second portions of Long and using the second clamping members of Stawski for the undisclosed surfaces on the mounting shell of Long that form the third and fourth clamping members) in order to secure the first and second portions to the mounting shell, and because it has been held that a simple substitution of one known element, the generically disclosed clamping members of Long, for another, the clamping members of Stawski, to obtain predictable results, securing the parts together, was an obvious extension of prior art teachings, KSR, 550 U.S. at 419, 82 USPQ2d at 1396, MPEP 2141 III B.
Referring to claim 13, Long and Stawski teach a portable fan comprising all the limitations of claim 12, as detailed above, and Long further teaches wherein:
the plurality of the first clamping members extend toward a side where the plurality of the second clamping members are located; the plurality of the second clamping members extend toward a side where the plurality of the first clamping members are located; each first clamping member is fastened with a corresponding third clamping member (surfaces of the mounting shell that mate to the first clamping members), and each second clamping member is fastened with a corresponding fourth clamping member (surfaces of the mounting shell that mate to the second clamping members) (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]).
Long is silent as to the surfaces of the mounting shell that mate to the first and second clamping members. Stawski teaches a portable fan wherein:
a plurality of first clamping members (70) of a first portion (66) of a housing body are fastened to a plurality of second clamping members (corresponding grooves in 42 and 46) of a mounting shell (16) (Figures 3 and 4; col. 2 lines 40-45).
Referring to claim 15, Long and Stawski teach a portable fan comprising all the limitations of claim 12, as detailed above and Long further teaches a fan wherein:
the housing body comprises a first side, a second side disposed opposite to the first side, a third side disposed adjacent to the first side and the second side, a fourth side disposed opposite to the third side, a fifth side adjacent to the first side and the second side and a sixth side disposed opposite to the fifth side; the air outlet is arranged on the first side; the first clamping device is arranged on at least one of the third side and the fourth side; the first portion and the second portion are arranged in a direction from the fifth side to the sixth side (Figures 1-3, Figures 1 and 3 annotated above; paragraphs [0021] - [0022]).
Claims 14, 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 4,516,561 to Stawski and U. S. Patent Publication 2020/0248700 to Potratz.
Referring to claim 14, Long and Stawski teach a portable fan comprising all the limitations of claim 12, as detailed above, but do not teach a partition plate. Potratz teaches a portable fan wherein:
looking along an airflow direction of an air outlet (32), a power supply assembly (72) is offset from a projection of a fan assembly (inside 38), a housing body (12) is configured with 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]).
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 (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]).
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.
Response to Arguments
Applicant's arguments filed on April 7, 2026 have been considered but, unless otherwise addressed below, are moot in view of the new ground(s) of rejection.
The Applicant argues that the above claim interpretations should be withdrawn because sufficient structure for these recitations is known by one of ordinary skill in the art. Remarks 2-4. The Examiner fails to see how one of ordinary skill in the art would know that these recited assemblies would contain the specific structure that the Applicant argues is known by one of ordinary skill in the art. The Examiner suggest that the Applicant avoid using nonce terms such as “assembly, “device”, and “member” to avoid these interpretations.
The Applicant argues that Ojima does not teach the new recitation of the air guide blades configured to guide the airflow from the fan blade along an axial direction of the motor to the air outlet. Remarks 5-7. However, Ojima is not relied up for the teaching of the air guide blades. Ojima is only for the decreasing diameter of the annular wall structure. Long already teaches the air guide blades as otherwise claimed.
The Applicant argues that Long fails to teach the claimed arrangement of the motor located between the fan blade and the air outlet. Remarks 8. The Applicant argues that Long teaches a motor arranged on a side of the fan blade facing away from the air outlet. Remarks 8. However, as detailed above, in particular in the annotations above, it can be clearly seen that the motor 120 is arranged between the fan blade 110 at the top of the annotations, and the air outlet at the bottom of the annotations, as claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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