DETAILED ACTION
Election/Restrictions
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 15 August 2026. Applicant argues that the Requirement does not identify the particular claimed features that allegedly render the respective embodiments patentably distinct, nor does it specifically explain the distinct search or examination burden associated with the numerous identified species, sub-species, and sub-sub-species. The examiner respectfully points out that the Requirement clearly identified the figure(s) that apply to each respective species and also pointed to specific features/configurations that patentably differentiate the identified species. For example, the Requirement clearly points out that there are embodiments directed to fan modules or portable fans, clip fan, neck fan, hand held fan, different connecting members, control circuitry. By the Requirement pointing to the specific figure(s) that apply to each respective species and the provided examples of the different embodiments, it has been identified what particular features render the respective species patentably distinct. As an example, Species A includes Sub-Species A1 and A2 which are directed to fan modules and when the identified figure(s) are compared, patentably distinct features/configurations are contrasted between said two sub-species. Similarly, the same approach applies to each different identified species, sub-species and sub-sub-species. Furthermore, with respect to the argument that the Requirement does not specifically explain the distinct search or examination burden associated with the numerous species, sub-species and sub-sub-species, the examiner points out that the Requirement clearly stated that different fields of search, which could include different classes/sub-classes, and/or different strategies or search queries, are required for the identified species. Note as a non-limiting example for Sub-Species A1 and A2, different search strategies would be required to search for an inner diameter of an annular wall structure gradually decreasing (Species A1) and to search for a grille (Species A2).
For these reasons the arguments are not persuasive and the Election Requirement is made final.
Priority
The claimed subject matter of the elected species has support in the disclosure of the instant Continuation in Part application, therefore, claims 1-10 are being examined with an effective filing date of 30 October 2025.
Claim Objections
Claims 8-9 are objected to because of the following informalities.
Claim 8 recites “an central connecting part” and should recite “a central connecting part”.
Claim 9 recites “a plurality of first air outlets” and also recites “the first air outlet”; for claim terminology consistency purposes, the claim should recite “the first air outlets”.
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: “control assembly” in claim 5.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a plurality of first air-guiding vanes” and also recites “a plurality of first air-guiding vanes”; it is not clear if the second recitation of a plurality of first air-guiding vanes refers to the first recitation of a plurality of first air-guiding vanes or to different and additional ones.
Claims 2-8 and 10 depend from or include all the limitations of claim 1 and fail to remedy its deficiencies.
Clarification and/or amendment is respectfully requested.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 and 6-10 (as far as the claim(s) are definite and understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by He (US 20240301894 A1; also US 12,180,997 B2).
Regarding claim 1, He teaches a fan module (Fig.1-6), comprising:
a fan shell (1/2/3), comprising a surrounding wall structure (walls of 1/2/3) and a plurality of first air-guiding vanes (34); the surrounding wall structure encloses an air duct (air duct defined by 3), one side of the air duct is provided with at least one first air inlet (31), a plurality of first air-guiding vanes (34) are located on the other side of the air duct (32), and two adjacent first air-guiding vanes enclose one of a plurality of first air outlets (Fig.1/6); and
a fan blade assembly (4), arranged the air duct and configured to guide air from the at least one first air inlet through the air duct to the first air outlets (¶25);
wherein, at least part of the surrounding wall structure adjacent to the first air outlets has an inner diameter gradually decreasing along an air outlet direction of the fan shell to pressurize air outputted by the fan shell (inner diameter of surrounding wall structure part defined by 1).
Regarding claim 2, He further teaches the surrounding wall structure comprises a sidewall structure (defined by 3) and an annular wall structure (defined by 1/2), the sidewall structure encloses the air duct; the plurality of first air-guiding vanes are connected to an inner side of the sidewall structure (Fig.1-6); the annular wall structure is connected to an air outlet side of the sidewall structure (Fig.1-6); and at least part of the annular wall structure has an inner diameter gradually decreasing along the air outlet direction to pressurize the air outputted by the fan shell (inner diameter of surrounding wall structure part defined by 1).
Regarding claim 3, He further teaches the fan shell further comprises a plurality of second air-guiding vanes (23), the plurality of second air-guiding vanes are connected to an inner side of the annular wall structure (Fig.1/2/6); two adjacent second air-guiding vanes enclose one of a plurality of second air outlets (Fig.1/2/6); and the plurality of second air-guiding vanes are configured to guide air out from the plurality of first air-guiding vanes (¶25).
Regarding claim 4, He further teaches a part of the annular wall structure connected to the second air-guiding vanes has an inner diameter that gradually decreases along the air outlet direction to pressurize the air outputted by the fan shell (see 24).
Regarding claim 6, He further teaches an angle between the plurality of first air-guiding vanes are inclined at an angle relative to a radial direction of the surrounding wall structure to guide air out from the fan blade assembly (¶26); and the plurality of second air-guiding vanes extend substantially along the radial direction and are configured to further direct air out from the plurality of first air-guiding vanes towards the air outlet direction (¶27).
Regarding claim 7, He further teaches the annular wall structure comprises a first part (2) connected to the sidewall structure and a second part (1) connected to a side of the first part opposite to the sidewall structure (Fig.1-6); the plurality of second air-guiding vanes are connected to an inner side of the first part (at 24); and at least part of the second part has an inner diameter gradually decreasing along the air outlet direction to pressurize the air outputted by the fan shell (inner wall of 1).
Regarding claim 8, He further teaches the fan shell further comprises a pressurization structure (24) arranged on an air outlet side of the plurality of second air-guiding vanes (Fig.1/2/6); the plurality of second air-guiding vanes are arranged in a ring shape and are all connected to a central connecting part (22); the pressurization structure is arranged corresponding to the central connecting part (Fig.1/2/6), the second part is located on a periphery of the pressurization structure (Fig.1/6), and a diameter of the pressurization structure gradually decreases along the air outlet direction (Fig.1/6).
Regarding claim 9, He further teaches a fan module (Fig.1-6), comprising:
a fan shell (1/2/3), comprising a surrounding wall structure (walls of 1/2/3), a plurality of first air-guiding vanes (34), and a plurality of second air-guiding vanes (23), the surrounding wall structure encloses an air duct (air duct defined by 3), one side of the air duct is provided with at least one first air inlet (31), the plurality of second air-guiding vanes and the plurality of first air-guiding vanes are arranged sequentially (Fig.1/6) along an air outlet direction (32), two adjacent first air-guiding vanes enclose one of a plurality of first air outlets (Fig.1/6); and
a fan blade assembly (4), arranged in the air duct and configured to guide air from the at least one first air inlet through the air duct to the first air outlet (¶25);
wherein, the plurality of first air-guiding vanes are inclined at an angle relative to a radial direction of the surrounding wall structure to guide the air out from the fan blade assembly (¶26); and the plurality of second air-guiding vanes extend substantially along the radial direction and are configured to further direct the air out from the plurality of first air-guiding vanes towards the air outlet direction (¶27).
Regarding claim 10, He further teaches portable fan (¶1-2), comprising:
a fan housing (inherent feature of a portable fan); and
at least one fan module as claimed in claim 1 (see claim 1 above) mounted in the fan housing (inherent configuration).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 (as far as the claim(s) are definite and understood) is/are rejected under 35 U.S.C. 103 as being unpatentable over He as applied to claim 3 above, and further in view of Chen (US 20260177078 A1).
Regarding claim 5, He teaches all the limitations of claim 3, see above, and further teaches the plurality of first air-guiding vanes are connected to a central connecting part (33), the fan blade assembly is arranged on the central connecting part (¶25), a control assembly (this element is interpreted under 35 U.S.C. 112(f) as a control button, circuit board and battery to accomplish the claimed function, and equivalents thereof. He teaches a control circuit and power supply that achieves the control function, ¶30); however, does not explicitly teach the surrounding wall structure has a gap configured to allow the wire connecting the fan blade assembly to pass through to be connected to the control assembly.
Chen teaches a fan assembly, fan head, and portable fan (¶2; Fig.5-15). Chen further teaches a plurality of first air-guiding vanes (131) connected to a central connecting part (1342), the fan blade assembly is arranged on the central connecting part (Fig.15); a surrounding wall structure (defined by 134) has a gap (1362) configured to allow a wire connecting the fan blade assembly to pass through to be connected to a circuit board (¶70). This configuration provides an electric wiring route to allow control of the fan by a user without intervening with the rotating components of said fan.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the fan module of He by having the surrounding wall structure has a gap configured to allow the wire connecting the fan blade assembly to pass through to be connected to the control assembly based on the teachings of Chen because this configuration provides an electric wiring route to allow control of the fan by a user without intervening with the rotating components of said fan.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN G FLORES whose telephone number is (571)272-3486. The examiner can normally be reached Monday - Friday, 8:30am - 5:30pm Pacific Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan E Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUAN G FLORES/Primary Examiner, Art Unit 3745
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