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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Objections
Claim(s) 2 is/are objected to because of the following informalities:
In claim 2, “diving” should be “dividing”.
Appropriate correction is required.
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.
Claims 1, 2, and 4-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu et al. (hereafter Liu – US 20250137461).
Claim 1 recites “a method.” Liu teaches such a method, as will be shown.
Liu teaches (Figs. 1-12) a method for adjusting an oscillation angle of a fan, wherein the fan comprises an air outlet assembly, the air outlet assembly is configured to oscillate to a first limit position, an intermediate position, and a second limit position, wherein the intermediate position is located between the first limit position and the second limit position; wherein the method comprises:
controlling the air outlet assembly to oscillate between the first limit position (left end position) and the second limit position (right end position) and acquiring a signal emitted by the fan in real time (para. 0038-0039);
in response to acquiring a first signal emitted by the fan, determining that the air outlet assembly oscillates to a position between the first limit position and the intermediate position (para. 0038-0039, 0043-0046);
in response to acquiring a second signal emitted by the fan, determining that the air outlet assembly oscillates to a position between the intermediate position and the second limit position (para. 0038-0039, 0043-0046); and
in response to detecting a transition between the first and second signals emitted by the fan, determining that the air outlet assembly oscillates to the intermediate position (para. 0040).
Regarding Claim 2, Liu teaches (Figs. 1-12) the method according to claim 1, further comprising:
providing limiting structures (holder 4) respectively at both ends of an oscillating stroke of the air outlet assembly to restrict movement (see Figs. 4-6);
driving the air outlet assembly to oscillate by using a stepper motor 5 (see para. 0044); and
acquiring a variation value of a current of the stepper motor, and determining that the air outlet assembly oscillates to the first limit position or the second limit position when the current of the stepper motor increases (para. 0047-0049, see Fig. 9).
Regarding Claim 4, Liu teaches (Figs. 1-12) the method according to claim 3, further comprising: an oscillation angle setting method, wherein the oscillation angle setting method comprises:
controlling the stepper motor to drive the air outlet assembly to oscillate from the intermediate position to the first limit position (para. 0032);
obtaining the number of steps A of the stepper motor when the air outlet assembly oscillates from the intermediate position to the first limit position (para. 0049);
dividing the oscillation angle of the air outlet assembly into M oscillation angle levels (para. 0053); and
when the fan operates at an N-th oscillation angle level, configuring the stepper motor to drive the air outlet assembly to oscillate leftward and rightward from the intermediate position by N*A/M steps, respectively (para. 0053-0056).
Claim 5 recites “a fan.” Liu teaches such a fan, as will be shown.
Liu teaches (Figs. 1-12) a fan, comprising:
an oscillating assembly, wherein the oscillating assembly comprises an oscillating member 3, a driving member 5, and a photoelectric detection switch 631, 633; wherein the photoelectric detection switch and the driving member are both disposed on the oscillating member, and the photoelectric detection switch is provided with a detection slot (see Figs. 3-5);
a fixed shaft 4, wherein the fixed shaft is provided with a baffle 61, and the driving member is configured to drive the oscillating member to rotate relative to the fixed shaft (Figs. 4-6);
an air outlet assembly 1 connected to the oscillating member, wherein the air outlet assembly is configured to oscillate with the oscillating assembly to a first limit position (left end position), an intermediate position (midpoint position), and a second limit position (right end position); wherein the intermediate position is located between the first limit position and the second limit position (see Figs. 4-6), when the air outlet assembly oscillates with the oscillating assembly between the first limit position and the intermediate position, the baffle is located within the detection slot, and the photoelectric detection switch outputs a first signal (see Figs. 4-6 and para. 0036-0039);
wherein, when the air outlet assembly oscillates with the oscillating assembly between the intermediate position and the second limit position, the baffle is located outside the detection slot, and the photoelectric detection switch outputs a second signal (para. 0036-0039); and
a control assembly 7 electrically connected to the photoelectric detection switch and the driving member.
Regarding Claim 6, Liu teaches (Figs. 1-12) the fan according to claim 5, wherein the oscillating member comprises a connecting seat (portion of 3 for connecting to drive, see Fig. 1) and a mounting seat (portion of 3 for mounting with screw see, Fig. 1) that are connected to each other (see Fig. 1), the driving member is connected to the connecting seat (Fig. 1, driving member inserted into oscillating member 3), the air outlet assembly is connected to the mounting seat (see Fig. 1), the mounting seat is provided with a first through hole, the fixed shaft passes through the first through hole, and the mounting seat is rotatably connected to the fixed shaft (see Fig. 1).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Liu.
Regarding Claim 2, Liu teaches (Figs. 1-12) the method according to claim 1, further comprising: an oscillation angle setting method, wherein the oscillation angle setting method comprises:
controlling the air outlet assembly to oscillate from the intermediate position to the first limit position (para. 0032);
However, Liu does not teach acquiring a time period T1 during which the air outlet assembly oscillates from the intermediate position to the first limit position; diving the oscillation angle of the air outlet assembly into M oscillation angle levels; and when the fan operates at an N-th oscillation angle level, configuring the air outlet assembly to oscillate leftward and rightward from the intermediate position for a time period of N*T1/M, respectively.
Liu teaches similar steps for dividing the oscillation angle with reference to using current (para. 0053-0056). These oscillation angle levels are shown in Figs. 9 and 10 as a Current vs Time graph. A person having ordinary skill in the art would be able to use the graphs to acquire a time period T1 and divide the oscillation angle to oscillate leftward and rightward for a time period N*T1/M.
Substituting current for time with the provided graphs in Figs. 9 and 10 normally requires only ordinary skill in the art and hence is considered a routine expedient, which is mere substituting equivalents known for the same purpose unless a new and unexpected result is produced. See MPEP 2144.06 II. Therefore, it would have been a matter of obviousness rationale to have used a time period instead of current to obtain the invention as specified in claim 2.
Allowable Subject Matter
Claims 7-10 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.
The prior art does not teach the driving member comprises a driver and a driving gear; wherein the connecting seat is provided with a first connecting hole, the driver is connected to the first connecting hole, the driver drives the driving gear, the top end of the fixed shaft is provided with a semi-circular part, one portion of the semi-circular part forms the baffle, the other portion of the semi-circular part is provided with a toothed groove, and the driving gear engages with the toothed groove (claim 7);
or a clamping assembly, wherein the clamping assembly comprises a knob, a connecting member, and a clamping member; wherein a first end of the clamping member is configured to clamp a predetermined portion, a second end of the clamping member is provided with a hinge groove, one end of the connecting member is connected to the fixed shaft, the other end of the connecting member is provided with a hinge protrusion; wherein the hinge protrusion is hinged within the hinge groove, one opposite side wall of the hinge groove is provided with a through hole, the other opposite side wall is provided with a threaded hole, the hinged protrusion is provided with a second connection hole; wherein the knob extends through the through hole and the second connection hole, and the knob is threadedly connected to the threaded hole and is configured to adjust the distance between the opposite side walls of the hinge groove (claim 9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW BUI whose telephone number is (571) 272-0685. The examiner can normally be reached on 7:30 AM - 4:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached on (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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/ANDREW THANH BUI/Examiner, Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745