Election/Restrictions
Applicant’s election without traverse of Species I (FIG. 1-6) in the reply filed on 22 June 2026 is acknowledged.
It is noted no claims are withdrawn as a result of the Election.
DETAILED ACTION
Status of Claims
This action is in reply to the communications filed on 22 June 2026.
Claims 1-20 are currently pending.
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(s) (IDS) submitted was/were considered by the Examiner.
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.
Examiner note: no 112(f) invocations have been identified by the Office.
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 14-20 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 pre-AIA the applicant regards as the invention.
Regarding Claim 14:
The claim language, "where the clamp applies the compressive force to the hanger ball at an un-clamped position," renders the claim indefinite. It is not clear how the clamp applies the compressive force, if not in the clamped position. For purposes of examination the claim language is interpreted to instead be, " where the clamp applies the compressive force to the hanger ball at an [[un-clamped]] clamped position."
Regarding claims 15-20:
Claims 15-20 are rejected by virtue of dependence on rejected claims.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 and 9-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ayrton et al (US 20140097315), hereafter referred to as Ayrton.
Regarding Claim 1, Ayrton discloses the following:
A hanger bracket (FIG. 1-3) assembly for mounting a ceiling fan ([0002]) to a structure, the hanger bracket (FIG. 1-3) assembly comprising:
a hanger bracket (FIG. 1-3) having a structure mount (14; FIG. 1) and a ball seat (30 in combination with 52) defined by a portion of the structure mount (14; FIG. 1);
a downrod (20) terminating in a hanger ball (72; see [0054], FIG. 10), which is seated in the ball seat (30 in combination with 52) for pivotal or rotational movement; and
a clamp (16; FIG. 10-14) pivotally coupled to the hanger bracket (FIG. 1-3) and pivotal between an un-clamped position (FIG. 10) and a clamped position (FIG. 13-14), where in the clamped position (FIG. 13-14), the clamp (16; FIG. 10-14) applies a force to the hanger ball (72; see [0054], FIG. 10) to lock the hanger ball (72; see [0054], FIG. 10) in place and restricts the pivotal or rotational movement (see [0054]).
Regarding Claim 2, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 1,
wherein a tab (64; FIG. 12) on one of the clamp (16; FIG. 10-14) or the hanger bracket (FIG. 1-3) together with a slot (narrow opening where 64 fits; see FIG. 11-13), which receives the tab (64; FIG. 12), on the other of the clamp (16; FIG. 10-14) or the hanger bracket (FIG. 1-3) pivotally couples the clamp (16; FIG. 10-14) to the hanger bracket (FIG. 1-3).
Regarding Claim 3, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 2,
wherein the slot (narrow opening where 64 fits; see FIG. 11-13) is located on the hanger bracket (FIG. 1-3) and the tab (64; FIG. 12) is located on the clamp (16; FIG. 10-14).
Regarding Claim 4, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 3,
wherein the hanger bracket (FIG. 1-3) has an arm (as best seen in FIG. 11) defining a portion of the slot (narrow opening where 64 fits; see FIG. 11-13).
Regarding Claim 5, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 4,
wherein the clamp (16; FIG. 10-14) has an opening (52 forms a portion of the opening receiving the ball, see FIG. 10-14) that receives the hanger ball (72; see [0054], FIG. 10) when the clamp (16; FIG. 10-14) is in the clamped position (FIG. 13-14).
Regarding Claim 6, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 5,
wherein the clamp (16; FIG. 10-14) further comprises a latch (portion of 16 that holds 70) that is coupled to the hanger bracket (FIG. 1-3) when the clamp (16; FIG. 10-14) is in the clamped position (FIG. 13-14).
Regarding Claim 7, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 6,
wherein the latch (portion of 16 that holds 70) is a latching finger (portion of 16 that holds 70) overlying a portion of the hanger bracket (FIG. 1-3) and further comprising a fastener (70) passing through the latching finger (portion of 16 that holds 70) and into the hanger bracket (FIG. 1-3).
Regarding Claim 9, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 1,
wherein the clamp (16; FIG. 10-14) comprises a body having an opening (32) through which a portion of the hanger ball (72; see [0054], FIG. 10) passes when the clamp (16; FIG. 10-14) is in the clamped position (FIG. 13-14).
Regarding Claim 10, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 9,
wherein the clamp (16; FIG. 10-14) lies below (at least portions of the clamp 16) an uppermost portion of the hanger ball (72; see [0054], FIG. 10) in the clamped position (FIG. 13-14).
Regarding Claim 11, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 1,
further comprising a hinged coupling (44 in cooperation with 56 and 64 in cooperation with slot receiving 64; FIG. 12) between the clamp (16; FIG. 10-14) and the hanger bracket (FIG. 1-3), with the clamp (16; FIG. 10-14) pivoting about the hinged coupling (44 in cooperation with 56 and 64 in cooperation with slot receiving 64; FIG. 12).
Regarding Claim 12, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 11,
wherein the hinged coupling (44 in cooperation with 56 and 64 in cooperation with slot receiving 64; FIG. 12) comprises a portion on the clamp (16; FIG. 10-14) and a portion on the hanger bracket (FIG. 1-3), with the portion on the clamp (16; FIG. 10-14) and the portion on the hanger bracket (FIG. 1-3) in an overlapping relationship.
Regarding Claim 13, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 12,
wherein the portion on the clamp (16; FIG. 10-14) is a tab (64; FIG. 12) and the portion on the hanger bracket (FIG. 1-3) is a slot (narrow opening where 64 fits; see FIG. 11-13).
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 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ayrton et al (US 20140097315), hereafter referred to as Ayrton.
Regarding Claim 8, Ayrton discloses the following:
The hanger bracket (FIG. 1-3) assembly of claim 7,
Ayrton does not explicitly disclose the following:
wherein an entirety of the clamp lies below an uppermost portion of the hanger ball in the clamped position.
However the Examiner notes the following:
Ayrton discloses a hanger bracket having a clamp and a hanger ball, but is silent on the specific dimensions of the relationship between the uppermost portion of the hanger and the clamp. In other words, Ayrton discloses the same structure as the Applicant, except the relative dimensions claimed. The Instant Application has not disclosed the limitation(s) of: wherein an entirety of the clamp lies below an uppermost portion of the hanger ball in the clamped position (claim 8); provides any criticality. Note that the mere existence of these relative dimensions themselves in the claim cannot impart criticality as any hanger bracket having a clamp and hanger ball could be described in such a way. Therefore without explicit support for the relative dimensions of the claim(s) providing a critical result, it appears Ayrton would perform equally well with the relative values as claimed by Applicant. Since the courts have 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,” it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the relative dimensions between the hanger ball and clamp, as disclosed by Ayrton, by utilizing the specific value(s) (relative dimensions) as described above, with the reasonable expectation of successfully providing a hanger ball and clamp combination with specific relative dimensions. (see MPEP 2144.04, IV, A).
Claims 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ayrton et al (US 20140097315), hereafter referred to as Ayrton, in view of Botkin et al (US 20210180614), hereafter referred to as Botkin.
Regarding Claim 14, Ayrton discloses the following:
A ceiling fan ([0002]) assembly for mounting to a structure, the ceiling fan ([0002]) assembly comprising:
a hanger bracket (FIG. 1-3) having a structure mount (14; FIG. 1) and a ball seat (30 in combination with 52);
a downrod (20) having a first end and a second end, with the second end coupled to the ceiling fan ([0002]);
a hanger ball (72; see [0054], FIG. 10) couples to the first end of the downrod (20) and is received within the ball seat (30 in combination with 52);
a clamp (16; FIG. 10-14) applying a compressive force to the hanger ball (72; see [0054], FIG. 10) to press the hanger ball (72; see [0054], FIG. 10) against the ball seat (30 in combination with 52); and
a hinged coupling (44 in cooperation with 56 and 64 in cooperation with slot receiving 64; FIG. 12) between the clamp (16; FIG. 10-14) and the hanger bracket (FIG. 1-3), wherein the clamp (16; FIG. 10-14) is pivoted about the hinged coupling (44 in cooperation with 56 and 64 in cooperation with slot receiving 64; FIG. 12) between a clamped position (FIG. 13-14), where the clamp (16; FIG. 10-14) applies the compressive force to the hanger ball (72; see [0054], FIG. 10) at an un-clamped position (FIG. 10).
Ayrton does not explicitly disclose the following:
a ceiling fan having a rotor;
a plurality of blades operably coupled to the rotor;
However Botkin teaches the following:
a ceiling fan (10) having a rotor (26);
a plurality of blades (42) operably coupled to the rotor (26);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ceiling fan, as disclosed by Ayrton, wherein the ceiling fan comprises a rotor and a plurality of fan blades coupled to the rotor, as disclosed by Botkin, with the reasonable expectation of successfully cooling areas utilizing air movement (see Botkin, [0012]).
Regarding Claim 15, Ayrton as modified by Botkin teaches the following:
The ceiling fan ([0002]) assembly of claim 14,
Ayrton continues to teach the following:
wherein the clamp (16; FIG. 10-14) comprises an opening (52 forms a portion of the opening receiving the ball, see FIG. 10-14) through which a portion of the hanger ball (72; see [0054], FIG. 10) passes as the clamp (16; FIG. 10-14) is pivoted between the un-clamped position (FIG. 10) and the clamped position (FIG. 13-14).
Regarding Claim 16, Ayrton as modified by Botkin teaches the following:
The ceiling fan ([0002]) assembly of claim 14,
Ayrton continues to teach the following:
wherein the hinged coupling (44 in cooperation with 56 and 64 in cooperation with slot receiving 64; FIG. 12) comprises a portion on the hanger bracket (FIG. 1-3) and a portion on the clamp (16; FIG. 10-14), where the portion on the hanger bracket (FIG. 1-3) and the portion on the clamp (16; FIG. 10-14) cooperate and form the hinged coupling (44 in cooperation with 56 and 64 in cooperation with slot receiving 64; FIG. 12).
Regarding Claim 17, Ayrton as modified by Botkin teaches the following:
The ceiling fan ([0002]) assembly of claim 16,
Ayrton continues to teach the following:
wherein the portion on the hanger bracket (FIG. 1-3) is one of a tab (64; FIG. 12) or a slot (narrow opening where 64 fits; see FIG. 11-13) and the portion on the clamp (16; FIG. 10-14) is the other of the tab (64; FIG. 12) or slot (narrow opening where 64 fits; see FIG. 11-13).
Regarding Claim 18, Ayrton as modified by Botkin teaches the following:
The ceiling fan ([0002]) assembly of claim 17,
Ayrton continues to teach the following:
wherein the clamp (16; FIG. 10-14) is a plate from which the tab (64; FIG. 12) extends and the hanger bracket (FIG. 1-3) has the slot (narrow opening where 64 fits; see FIG. 11-13), the plate overlies the hanger ball (72; see [0054], FIG. 10), and the tab (64; FIG. 12) is received in the slot (narrow opening where 64 fits; see FIG. 11-13) to form the hinge.
Regarding Claim 19, Ayrton as modified by Botkin teaches the following:
The ceiling fan ([0002]) assembly of claim 18,
Ayrton continues to teach the following:
wherein the slot (narrow opening where 64 fits; see FIG. 11-13) is located in the ball seat (30 in combination with 52).
Regarding Claim 20, Ayrton as modified by Botkin teaches the following:
The ceiling fan ([0002]) assembly of claim 19,
Ayrton continues to teach the following:
wherein the plate further comprises a latching finger (portion of 16 that holds 70) that is secured (via 70) to the hanger bracket (FIG. 1-3) to fix the clamp (16; FIG. 10-14) in the clamped position (FIG. 13-14).
Conclusion
See form No. 892 for other references pertinent to the application that may not have been cited within the Office Action.
For references which show similar fan hanger arrangements see pages 1-2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN C DELRUE whose telephone number is (313)446-6567. The examiner can normally be reached Monday - Friday; 9:00 AM - 5:00 PM (Eastern).
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, Nathaniel 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN CHRISTOPHER DELRUE/ Primary Examiner, Art Unit 3745
Prosecution Insights