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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/153,448
`
`01/13/2014
`
`Bodong Zhong
`
`CSPT-130US
`
`5089
`
`09/08/2016 —RATNERPRESTIA m
`7590
`52473
`2200 RENAIS SANCE BLVD
`KOSANOVIC’ HELENA
`S UITE 350
`KING OF PRUSSIA, PA 19406
`
`PAPER NUMBER
`
`3749
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/08/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`pcorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/153,448 ZHONG ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`HELENA KOSANOVIC [SENS 3749
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 8/2/16.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI C|aim(s) 1-6,9 and 10 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6 El Claim s)
`s) 1-, 9-10 is/are rejected.
`
`)
`
`
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`is/are objected to.
`
`are subject to restriction and/or election requirement.
`9)I:I C|aim(s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`
`hit
`:i/wwwusnto. ov/ atentS/init events/
`iindex.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`2) I] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`.
`4) I:I Other:
`.
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160829
`
`

`

`Application/Control Number: 14/153,448
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`Page 2
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`Art Unit: 3749
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`Drawings
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`1.
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`The drawings are objected to under 37 CFR 1.83(a). The drawings must show
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`every feature of the invention specified in the claims. Therefore, the fan (claim 1) must
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`be shown or the feature(s) canceled from the claim(s). No new matter should be
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`entered.
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`Corrected drawing sheets in compliance with 37 CFR 1.121 (d) are required in
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`reply to the Office action to avoid abandonment of the application. Any amended
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`replacement drawing sheet should include all of the figures appearing on the immediate
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`prior version of the sheet, even if only one figure is being amended. The figure or figure
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`number of an amended drawing should not be labeled as “amended.” If a drawing figure
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`is to be canceled, the appropriate figure must be removed from the replacement sheet,
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`and where necessary, the remaining figures must be renumbered and appropriate
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`changes made to the brief description of the several views of the drawings for
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`consistency. Additional replacement sheets may be necessary to show the renumbering
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`of the remaining figures. Each drawing sheet submitted after the filing date of an
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`application must be labeled in the top margin as either “Replacement Sheet” or “New
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`Sheet” pursuant to 37 CFR 1.121 (d).
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`If the changes are not accepted by the examiner,
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`the applicant will be notified and informed of any required corrective action in the next
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`Office action. The objection to the drawings will not be held in abeyance.
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`

`

`Application/Control Number: 14/153,448
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`Page 3
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`Art Unit: 3749
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`for all obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
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`2.
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`Claims 1-2, 5-6 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
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`over Applicant’s admitted prior art (figs 1, 2A and 2B) in view of Kahn 3,312,242 and
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`further in view of Ammons 4,294,403.
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`Applicant’s admitted prior art teaches:
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`Regarding claim 1, an adapter structure of a ventilating fan (figs. 1, 2A, 28),
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`comprising:
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`an oval metal adapter 6 (fig. 2A, 2B) and an oval metal shutter 17 (fig. 2A, 28)
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`provided in the metal adapter and being cooperated with a shape of the oval metal
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`adapter (fig. 2A, 28), wherein
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`a symmetry, axis of a longitudinal cross-section of the oval metal shutter in the
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`horizontal direction 7 (fig. 2B) is a major axis, and a symmetry axis in the vertical
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`direction 8 (fig. 2B) is a minor axis, the shutter is configured to be rotatable through a
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`rotating shaft in the metal adapter (fig. 2A, 2B) ,
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`

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`Application/Control Number: 14/153,448
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`Page 4
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`Art Unit: 3749
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`Regarding claims 5-6, the rotating shaft 11 (fig. 2A) is formed on two inner sides
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`of the metal adapter, (fig. 2A) and the shutter is formed by, two clamp parts
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`(unnumbered part between elements 9 and 11, fig. 2A) are provided for clamping the
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`rotating shaft and erected from left and right edges of the plate body to an
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`outside surface (fig. 2A).
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`It is not clear regarding claim 5, 6 whether the rotating shaft is made integrally to
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`the metal adapter or not, however the courts have held making the apparatus integral
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`where the prior art teaches separate does not distinguish over prior art and further that
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`the use of an one piece construction instead the structure disclosed in [the prior art]
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`would be merely a matter of obvious engineering choice” (MPEP 2144.04 V, B). In this
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`case weather the shaft is integral to the adapter or made separate to said adapter it is a
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`matter of the design choice. Therefore the instant claim does not define overt the
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`Applicant's admitted prior art.
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`Additionally, regarding claims, 5-6 it would have been obvious to one having
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`ordinary skill in the art at the time the invention was made to use resin for the plate
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`body, since it has been held to be within the general skill of a worker in the art to select
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`a known material on the basis of its suitability for the intended use as a matter of
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`obvious design choice. (.See In reLeshin, 125 USPQ 416. S_eee also Ballas Liquidating
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`Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331. Also MPEP 2144.07)
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`Applicant’s admitted prior art does not teach about the curved shutter.
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`Kahn teaches:
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`

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`Application/Control Number: 14/153,448
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`Page 5
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`Art Unit: 3749
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`Regarding claim 1, a curve point 11 (fig. 2) is provided between a projection
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`point of a center line of the rotating shaft on the minor axis and a tail of the
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`shutter (this limitation teaches the applicant’s admitted prior art), and a curve portion
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`(between elements 11 and 11D, fig. 2) of the shutter is formed by curving the shutter
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`from the curve point to an inner surface side of the shutter (unnumbered inner surface
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`of the upper surface 11) along the minor axis (and in combination with the Applicant’s
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`admitted prior art)
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`Wherein the shutter is formed smoothly from the curve point to the tail (fig. 2)
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`Regarding claim 2, the curve point is located on an upstream side (fig. 2)
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`Regarding limitation of claim 3 that a distance is one third from the rotate shaft to
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`the tail, the courts have held that where general condition of claim is disposed in the
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`prior art (see figure 2, where certain distance is provided between the rotate shaft to the
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`tail 110), it is not inventive to discover the optimum or workable range (MPEP 2144.05
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`Ila)
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`In this case the Kahn teaches curtain distance is provided between the rotate
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`shaft to the tail 11D, and having a specific distance of one third is not inventive
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`according to the courts. Varying the distance between the rotate shaft to the tail is
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`recognized as a result-effective variable which is result of a routine experimentation. In
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`this case varying the distance to start curving a plate at some particular distance from
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`the shaft in order to achieve less turbulence through the duct in order to avoid noise is
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`recognized in the art to be a result effective variable.
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`

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`Application/Control Number: 14/153,448
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`Page 6
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`Art Unit: 3749
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`It would have been obvious to one of ordinary skill in the art at the time of the
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`invention to have the Applicant’s admitted prior art modified with the Kahn curved
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`shutter in order to control the turbulence through the shutter and thus prevent noise.
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`Applicant’s admitted prior art (figs. 2A-2B) modified with the Kahn teaches the
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`invention as discussed above but is silent about the when the ventilating fan operates
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`and the shutter is opened, air flows from the air inlet to the shutter.
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`Ammons teaches:
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`Regarding claim 1, when the ventilating fan operates and the shutter is opened,
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`air flows from the air inlet to the shutter (at least claim 19, and col. 6, II. 25-35).
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`It would have been obvious to one of ordinary skill in the art at the time of the
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`invention to have Applicant’s admitted prior art (figs. 2A-2B) modified with the Kahn
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`invention modified with the Ammons backdraft damper in order to prevent air to flow
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`back into the opening when not in operation and prevent debris and bugs to enter into
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`the vent.
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`3.
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`Claims 3-4 rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable over
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`Applicant’s admitted prior art (figs 1, 2A and 2B) in view of Kahn 3,312,242 and
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`Ammons 4,294,403 and further in view of Sano 6,431,257.
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`Applicant’s admitted prior art in view of Kahn and Ammons teaches the invention
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`as discussed above but is not specific about the ribs.
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`Sano teaches:
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`Regarding claims 3-4, a rib is formed on the minor axis of the shutter (several
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`unnumbered parallel ribs on a shutter 221, fig. 18), and a rib also is formed on a
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`

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`Application/Control Number: 14/153,448
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`Page 7
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`Art Unit: 3749
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`projection of the center line of the rotate shaft on the shutter (unnumbered rib in the
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`middle of the shutter arranged in longitudinal direction between two elements 230 of the
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`shutter 221, and being perpendicular to the unnumbered vertical ribs).
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`It would have been obvious to one of ordinary skill in the art at the time of the
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`invention to have the Applicant’s admitted prior art in view of Kahn invention modified
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`with the Sano vertical and horizontal ribs in order to provide stuffiness to the shutter and
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`thus provide the apparatus more sturdy and thus prevent malfunction.
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`4.
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`Claims 9-10 are rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable
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`over Applicant’s admitted prior art (figs 1, 2A and 2B) in view of Kahn 3,312,242 and
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`Ammons 4,294,403 and further in view of Official Notice taken.
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`Applicant’s admitted prior art in view of Kahn and Ammons teaches the invention
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`as discuss above, but is silent about reinforcement part.
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`Claims 9-10 are rejected, because Official notice is taken that having a support
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`part for the clamp plates is well known in the prior art.
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`Therefore it would have been obvious to one of ordinary skill in the art at the
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`time of the invention to one of ordinary skill in the art at the time of the invention to have
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`support to the clamp plates in order to avoid malfunction of the apparatus and prolong
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`its usage and thus make apparatus more affordable to the user.
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`1.
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`Alternatively claim 1
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`is rejected under pre-AlA 35 U.S.C. 103(a) as being
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`unpatentable over Applicant’s admitted prior art (figs 1, 2A and 2B) in view of Meyer
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`4,214,380.
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`

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`Application/Control Number: 14/153,448
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`Page 8
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`Art Unit: 3749
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`Applicant’s admitted prior art teaches:
`
`Regarding claim 1, an adapter structure of a ventilating fan (figs. 1, 2A, 28),
`
`comprising:
`
`an oval metal adapter 6 (fig. 2A, 2B) and an oval metal shutter 17 (fig. 2A, 28)
`
`provided in the metal adapter and being cooperated with a shape of the oval metal
`
`adapter (fig. 2A, 28), wherein
`
`a symmetry, axis of a longitudinal cross-section of the oval metal shutter in the
`
`horizontal direction 7 (fig. 2B) is a major axis, and a symmetry axis in the vertical
`
`direction 8 (fig. 2B) is a minor axis, the shutter is configured to be rotatable through a
`
`rotating shaft in the metal adapter (fig. 2A, 2B) ,
`
`Applicant’s admitted prior art is silent about a curved point
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`Regarding claim 1, a curve point (see drawing below where the examiner
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`showed with the darkened arrow the curve point as the maximum of the curve with the
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`darkened arrow) is provided between a projection point of a center line of the
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`rotating shaft 31 (fig. 2) on the minor axis and a tail of the shutter (see figure below
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`where the examiner labeled originally no labeled tail point with darkened arrow), and a
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`curve portion (between elements between curved point and tail, see figure below) of the
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`shutter is formed by curving the shutter from the curve point to an inner surface side of
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`the shutter (surface below the surface 30, fig. 3) along the minor axis (and in
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`combination with the Applicant’s admitted prior art)
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`Wherein the shutter is formed smoothly from the curve point to the tail (fig. 2)
`
`

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`Application/Control Number: 14/153,448
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`Page 9
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`Art Unit: 3749
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`Wherein when the ventilating fan operates and the shutter is opened, air flows
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`from the air inlet to the shutter (Abstract, II. 17-21).
`
`pr-Qfec fir-:3,
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`
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`It would have been obvious to one of ordinary skill in the art at the time of the
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`invention to have the Applicant’s admitted prior art modified with the curved shutter in
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`order to control the turbulence through the shutter and thus prevent noise and when
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`closed when not in operation and opened when in operation in order to prevent
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`backdraft and debris to enter the opening when not in operation.
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`Response to Arguments
`
`

`

`Application/Control Number: 14/153,448
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`Page 10
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`Art Unit: 3749
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`Applicant's arguments filed 8/2/16 have been fully considered but they are not
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`persuasive.
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`The can reference teaches the upper portion that is curved toward the inner
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`portion which makes the upper portion of the shutter curved. The inner curved portion of
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`the shutter is not clamed and therefore is irrelevant, and therefore argument about the
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`lower /inner portion of the shitter is moot.
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`For the operation of the fan argument said argument is moot, because for new
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`limitation the examiner applied new references, see above, and therefore said argument
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`is moot too.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to HELENA KOSANOVIC whose telephone number is
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`(571 )272—9059. The examiner can normally be reached on Monday-Friday.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Steve McAllister can be reached on 571-272—6785. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 14/153,448
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`Page 11
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`Art Unit: 3749
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
`
`/HELENA KOSANOVIC/
`
`Examiner, Art Unit 3749
`042916
`
`