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 .
Claim Objections
Claim 5 is objected to because of the following informalities:
In claim 5, line 6, “wording” should be changed to --working--.
Appropriate correction is required.
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 2-4 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.
The terms “close” and “far away” in claim 2 are relative terms which renders the claim indefinite. The terms “close” and “far away” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. This renders the claim indefinite.
Claims 3-4 are rejected for depending upon a rejected base claim.
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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (CN 211692872 U).
Regarding claim 1, Liu (Fig. 1-6) discloses a fan main body (1); a fan head (2) connected to the fan main body (1), and comprising an air inlet opening and an air blowing opening in communication with the air inlet opening; and a connecting component (6) installed on the fan main body (1); wherein the connecting component (6) is provided with a storage space, and the storage space is positioned above the fan main body (1); the fan head (2) is rotatably connected to the connecting component (6), and the fan head (2) comprises a storage state (Fig. 1) and a working state (Fig. 2); in the storage state (Fig. 1), at least one part of the fan head (2) is stored in the storage space; the fan head (2) is also rotatable relative to the connecting component (6) in the storage state (Fig. 1) to enter the working state (Fig. 2); and in the working state (Fig. 2), the fan head (2) is capable of blowing air outwards, and in both the working state (Fig. 2) and the storage state (Fig. 1), the air inlet opening and the air blowing opening are positioned on an identical axis. Refer to Fig. I below.
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Fig. I. Liu, Fig. 4 (Annotated)
Regarding claim 2, Liu discloses the limitations of claim 1, wherein Liu (Fig. 1-6) further discloses in the storage state (Fig. 1), the air inlet opening, the air blowing opening, and the fan main body (1) are positioned on an identical axis; the air inlet opening is close to the fan main body (1); and the air blowing opening is far away from the fan main body (1). Refer to Fig. I above.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freeland et al. (US 10,436,206; hereinafter Freeland).
Regarding claim 1, Freeland (Fig. 1-3) discloses a foldable handheld fan (100), comprising a fan main body (106); a fan head (102) connected to the fan main body (106), and comprising an air inlet opening and an air blowing opening in communication with the air inlet opening; and a connecting component (104) installed on the fan main body; wherein the connecting component (104) is provided with a storage space, and the storage space is positioned above the fan main body; the fan head (102) is rotatably connected to the connecting component (104), and the fan head (102) comprises a storage state and a working state (Fig. 1); in the storage state, at least one part of the fan head (102) is stored in the storage space; the fan head (102) is also rotatable relative to the connecting component (104) in the storage state to enter the working state (Fig. 1); and in the working state (Fig. 1), the fan head (102) is capable of blowing air outwards, and in both the working state (Fig. 2) and the storage state, the air inlet opening and the air blowing opening are positioned on an identical axis. Refer to Fig. II below.
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Fig. II. Freeland, Fig. 2 (Annotated)
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 211692872 U) in view of Li (CN 206785676 U).
Regarding claim 3, Liu discloses the limitations of claim 2, wherein Liu (Fig. 1-6) further discloses that the fan head at least comprises a first shell and a second shell connected to the first shell; and the air inlet opening is positioned in the first shell; and the air blowing opening is positioned in the second shell. Refer to Fig. III below.
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Fig. III. Liu, Fig. 5 (Annotated)
Liu fails to disclose that the first shell is provided with an isolation net.
Li (Abstract) teaches a portable fan with a filter positioned at the inlet of the fan. Li (pg. 2 of translation under section “The utility model has the following beneficial effects”) teaches that the filter isolates particulate contaminants in the air and so cleans the air prior to be being blown by the fan. So, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Liu by adding a filter to the air inlet opening of the fan, as taught by Li, in order to clean the air that is being blown by the fan. The filter was interpreted to be the isolation net.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freeland et al. (US 10,436,206; hereinafter Freeland) in view of Zhang (CN 211009199 U) and Zheng et al. (US 2024/0229809; hereinafter Zheng).
Regarding claim 18, Freeland the foldable handheld fan according to claim 1, wherein Freeland (Fig. 1-3) further discloses a control component (108) and a power supply component (210 houses a battery), wherein the power supply component (210) is used for supplying power to the fan head (102) and the control component (108); the control component (108) comprises a control button (108), a cavity (inherently disclosed by presence of the battery) is defined in the fan main body (106); the power supply component are installed in the cavity; and the control button are installed on the fan main body. Refer to Fig. II above.
Freeland fails to disclose the control component further comprises a lighting component, an indicator component, and a circuit board; the circuit board is electrically connected to the control button, the lighting component, the indicator component, and the power supply component; the circuit board are installed in the cavity, and the lighting component, and the indicator component are installed on the fan main body
Zhang (Fig. 1-10; abstract, pg. 3 of translation under section “Specific Implementation Methods”) teaches a handheld fan which includes a printed circuit board (6) that is electrically coupled to the battery, a reset switch, an indication light, and a charging port. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a printed circuit board, as taught by Zhang, in order to electrically couple the various electrical components of the fan.
Zhang (Fig. 1-10; pg. 3 of translation under section “Specific Implementation Methods”) further teaches that the fan can include an indication light which is used to indicate the fan is in a working state. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Freeland by adding an indication light, as taught by Zhang, in order to indicate that the fan is in a working state. The indication light was interpreted as the lighting component.
Zheng (Paragraph 0322) teaches a portable fan that includes a digital display that can display the remaining power percentage of the fan. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Freeland, by adding a digital display that can display the remaining power percentage of the fan, as taught by Zheng, in order to know when the fan needs to be recharged. The digital display was interpreted as the indicator component.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 3, and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1, 1, and 1, respectively of U.S. Patent No. 12,467,466.
Although the claims are not identical, they are not patentably distinct from one another. The application claims are broader in at least one aspect and also recite additional features not claimed in the patent claims.
For claim 1:
Regarding the broadening aspect, the following comparison between the patent claims and the application claims highlights (see underlined features in the patent claims) what elements have been excluded in the presentation of the application claims.
Patent claim 1
Application claim 1
A foldable handheld fan, comprising:
a fan main body;
a fan head connected to the fan main body;
and a connecting component installed on the fan main body;
wherein the connecting component is provided with a storage space,
and the storage space is positioned above the fan main body;
the fan head is rotatably connected to the connecting component,
and the fan head comprises a storage state and a working state;
in the storage state, at least one part of the fan head is stored in the storage space;
the fan head is also rotatable relative to the connecting component in the storage state to enter the working state;
and in the working state, the fan head is capable of blowing air outwards;
wherein the fan head comprises a fan blade component and a housing surrounding the fan blade component therein,
the housing is provided with an air inlet opening and an air blowing opening in communication with the air inlet opening;
in the storage state, the fan head is longitudinally aligned with the fan main body, with the air inlet opening, the air blowing opening, and the fan main body being positioned on an identical axis,
and the air inlet opening being nearer to the fan main body relative to the air blowing opening;
and in the working state, the fan head is transversely placed on the fan main body, with a central axis of the housing being perpendicular to a central axis of the fan main body;
wherein the housing at least comprises a first shell and a second shell connected to the first shell; the air inlet opening is positioned in the first shell; and the air blowing opening is positioned in the second shell; the second shell comprises a second outer shell and a second inner shell; the second outer shell is hollow; the second inner shell is positioned inside the second outer shell; the second inner shell and the second outer shell are connected by a plurality of spaced first isolation members; and the first isolation members divide the air blowing opening into a plurality of first air blowing outlets; and wherein the housing further comprises a third shell installed between the first shell and the second shell; the third shell comprises a third outer shell and a third inner shell; the third outer shell is hollow; the third inner shell is positioned inside the third outer shell; the third inner shell and the third outer shell are connected by a plurality of spaced second isolation members; and a plurality of second air blowing outlets are formed by the second isolation members; the first air blowing outlets in the second shell are defined opposite to the second air blowing outlets in the third shell.
A foldable handheld fan, comprising:
a fan main body;
a fan head connected to the fan main body,
and comprising an air inlet opening and an air blowing opening in communication with the air inlet opening;
and a connecting component installed on the fan main body;
wherein the connecting component is provided with a storage space,
and the storage space is positioned above the fan main body;
the fan head is rotatably connected to the connecting component,
and the fan head comprises a storage state and a working state;
in the storage state, at least one part of the fan head is stored in the storage space;
the fan head is also rotatable relative to the connecting component in the storage state to enter the working state;
and in the working state, the fan head is capable of blowing air outwards,
and in both the working state and the storage state, the air inlet opening and the air blowing opening are positioned on an identical axis.
Thus, it is apparent, for the broadening aspect, that patent claim 12 includes features that are not in application claim 1. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Since application claim 1 is anticipated by patent claim 1, with respect to the broadening aspect, and since anticipation is the epitome of obviousness, then application claim 1 is obvious over patent claim 1 with respect to the broadening aspect.
With respect to the additional features recited in application claim 1, patent claim 1 fails to explicitly recite that both the working state and the storage state, the air inlet opening and the air blowing opening are positioned on an identical axis.
However, Freeland (Fig. 2) teaches a portable fan with a fan head that rotates. Freeland (Fig. 2) teaches that regardless of the rotation the air inlet opening and the air blowing opening are positioned on an identical axis. This simplifies the construction of the fan. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify US 12,467,466 to form the fan so both the working state and the storage state, the air inlet opening and the air blowing opening are positioned on an identical axis, as taught by Freeland, in order to produce the predictable result of simplifying manufacture of the fan.
For dependent claims 2, 3, and 4, the recited limitations are contained in patent claims 1, 1, and 1, respectively.
Allowable Subject Matter
Claims 5-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park (KR 101979679 B1) discloses a portable fan with a movable fan head.
Young (KR 2021/0041942 A) discloses a fan with a movable fan head.
Moreno et al. (US 2003/0059307) discloses a fan with a moveable fan head.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE M CHRISTENSEN whose telephone number is (571)270-3275. The examiner can normally be reached M-F 9-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached at 571-270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Danielle M. Christensen/Examiner, Art Unit 3745
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