www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/738,080
`
`01/09/2020
`
`Shenghui Zhong
`
`CSPT-155US
`
`8603
`
`RATNERPRESTIA
`2200 RENAISSANCE BLVD
`SUITE 350
`KING OF PRUSSIA,PA 19406
`
`KOSANOVIC, HELENA
`
`3762
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/22/2021
`
`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.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-17 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-17 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() 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)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.{¥] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210717
`
`Application No.
`Applicant(s)
`16/738 ,080
`Zhong etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`HELENA KOSANOVIC
`3762
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 1/9/20.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 2
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`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`1.
`
`The following is a quotation of 35 U.S.C. 112(f):
`
`Claim Interpretation
`
`(f) Element in Claim for a Combination. — An elementin a claim for a combination may be
`expressed as a meansor 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 elementin 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
`suchclaim shall be construed to cover the corresponding structure, material, or acts
`described in the specification and equivalents thereof.
`
`2.
`
`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-AlA 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-
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 3
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`structural term having no specific structural meaning) for performing the claimed
`
`function;
`
`(B)
`
`the term “means”or “step” or the generic placeholderis modified by functional
`
`language, typically, but not always linked bythe transition word “for” (e.g.,
`
`“means for’) or anotherlinking 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.
`
`Absenceof 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/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 4
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`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.
`
`3.
`
`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-AlA 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 precededby a structural modifier.
`
`Such claim limitation(s) is/are: lighting unit (claims 1) and light emitting element(claims
`
`10 and 12.
`
`Becausethis/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 havethis/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-AlA
`
`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.
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 5
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`Drawings
`
`4.
`
`The drawings are objected to under 37 CFR 1.83(a). The drawings must show
`
`every feature of the invention specified in the claims. Therefore, the lighting emitting
`
`device disposed on the inner wall of the air passage (claim 8) must be shownor the
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`feature(s) canceled from the claim(s). No new matter should be entered.
`
`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in
`
`reply to the Office action to avoid abandonmentof the application. Any amended
`
`replacement drawing sheet should include all of the figures appearing on the immediate
`
`prior version of the sheet, even if only one figure is being amended. The figure or figure
`
`number of an amended drawing should not be labeled as “amended.” If a drawing figure
`
`is to be canceled, the appropriate figure must be removed from the replacement sheet,
`
`and where necessary, the remaining figures must be renumbered and appropriate
`
`changes made tothe brief description of the several views of the drawings for
`
`consistency. Additional replacement sheets may be necessary to show the renumbering
`
`of the remaining figures. Each drawing sheet submitted after the filing date of an
`
`application must be labeled in the top margin as either “Replacement Sheet” or “New
`
`Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner,
`
`the applicant will be notified and informed of any required corrective action in the next
`
`Office action. The objection to the drawings will not be held in abeyance.
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 6
`
`Claim Rejections - 35 USC § 102
`
`5.
`
`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 madein 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 effectivefiling date of the claimed
`invention.
`
`6.
`
`Claim(s) 1-7, 9-11, 14-17 is/are rejected under 35 U.S.C. 102(a1) as being
`
`anticipated by Tian 8,641,375.
`
`Tian teaches:
`
`Regarding claim 1. An airway device, comprising:
`
`a main 200 (fig. 4) housing provided with a suction port 250 and a blow port
`
`(closer to numeral 300 fig. 4);
`
`an air passage 260 (fig. 5) having a cylindrical shape (fig. 5), and having an
`
`inner circumferential surface defining an air flow path from the suction port to the blow
`
`port (fig. 5); and
`
`a lighting unit 1000 (fig. 4) for illuminating the inner circumferential surface.
`
`2. The airway device of claim 1, wherein the air passage is provided with:
`
`an upstream-side opening (closer to numeral 280, fig. 5), a downstream-side opening
`
`(closer to numeral 260, fig. 5), and a connection wall 262 (fig. 5) connecting
`
`the upstream-side opening to the downstream-side opening.
`
`3. The airway device of claim 2, wherein the upstream-side opening is larger
`
`than the downstream-side opening (fig. 5).
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 7
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`4. The airway device of claim 2, wherein the downstream-side opening is
`
`located inside the main housing or coincides with the suction port(fig. 5).
`
`5. The airway device of claim 2, wherein the upstream-side opening is located
`
`outside the main housing or coincides with the suction port (fig. 5).
`
`6. The airway device of claim 2, wherein the upstream-side opening is located
`
`outside the main housing and the downstream-side opening is located inside the main
`
`housing, allowing the air passage to go through the suction port(fig. 5).
`
`7. The airway device of claim 2, wherein the upstream-side opening ofthe air
`
`passage is located outside the main housing, and a flange member 261 (fig. 3) is
`
`extended from the upstream-side opening towards an outer circumference side.(see
`
`figure below where the examiner labeled originally not labeled element with arrow)
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 8
`
`
`
`9. The airway device of claim 1, wherein the air passage is formed ofa light
`
`transmissive material (col. 3, |. 35), and the lighting unit comprises a light emitting
`
`element disposed on an outer peripheral side of the air passage (fig. 5).
`
`10. The airway device of claim 9, wherein
`
`the lighting unit comprises a cover (see figure below) disposed at an outer
`
`peripheral position of the light emitting element;
`
`the light emitting element is interposed between the cover and the air passage,
`
`and the cover is configured to reflect a light emitted from the light emitting element
`
`(cover is capable to to reflect a light).
`
`

`

`Page 9
`
`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`
`
`11. The airway device of claim 7, wherein the lighting unit lights the flange
`
`member (see gig. 5).
`
`14. The airway device of claim 13, wherein a central axis of the upstream-side
`
`opening is set on a same straight line with a rotary axis of the fan (fig. 5).
`
`15. The airway device of claim 13, wherein a diameter of the downstream-side
`
`opening of the air passage is the same as a diameter of the air inlet of the fan housing
`
`or smaller than the diameter of the air inlet of the fan housing (fig. 5).
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 10
`
`16. The airway device of claim 13, wherein the downstream-side opening of the
`
`air passage coincides with a plane to which the suction port belongs or is located ona
`
`downstream side of the plane (fig. 5).
`
`17. The airway device of claim 13, wherein a grid 280 (fig. 5) structure is
`
`disposed between the upstream-side opening and the air inlet of the fan housing.
`
`Claim Rejections - 35 USC § 103
`
`7.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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.
`
`8.
`
`Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian
`
`8,641,375 in view of Craw 7,175,309.
`
`Tian teaches the invention as discussed above but is silent that the
`
`emitting element disposed on the inner circumferential surface of the air passage
`
`Craw teaches:
`
`8. The airway device of claim 1, wherein the lighting unit comprisesalight
`
`emitting element 170 (fig. 9) disposed on the inner circumferential surface of the air
`
`passage (inner and outer is a relative term it depends of the position of the observer).
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 11
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`Note: in combination with the Tian the lighting element is going to be located on
`
`the inner wall of the Craw.
`
`At the time the invention was made it would have been obvious mater of design
`
`choice to a person of ordinary skill in the art to have lighting element located on the
`
`inner surface instead being located on the outert surface which combination with the
`
`Craw teaches, because applicant has notdisclosed that the specific location provides
`
`an advantageis used for particular purpose or solves a stated problem. One of ordinary
`
`skill in the art would have expected the Applicant’s invention to perform equally well on
`
`outer or inner surface of the wall, because both locations performs the function of
`
`transferring the air equally well
`
`In addition it would have been obvious to one of ordinary skill in the art at the
`
`time of the invention to have the Tian invention modified with the Crawn location of the
`
`lighting emitting device in order to provide moredirectlight and thus provide brightness
`
`instead of illumination into room.
`
`Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian
`
`8,641,375 in view of Kim 2017/0205082
`
`Tian teaches the invention as discussed above, butis silent regarding the light
`
`being on the flange.
`
`Kim teaches:
`
`Regarding claim 12. The airway device of claim 11, wherein the lighting unit
`
`lights the flange member 100 (fig. 3) by provision of a light emitting element 6 on the
`
`flange member. (note that the light element 6 wouldlight the flane).
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 12
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`In addition it would have been obvious to one of ordinary skill in the art at the
`
`time of the invention to have the Tian invention modified with the Kwan location of the
`
`lighting emitting device in order to provide moredirectlight and thus provide brightness
`
`instead of illumination into room.
`
`Claim 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian
`
`8,641,375 in view of Tom 9,175,874.
`
`Tian teaches the invention as discussed above, and further teaches, wherein the
`
`airway device is provided with a blower for directing an air from the suction port to the
`
`blow port(at leastfig. 5), and the blower comprises:
`
`a fan 300 (fig. 5);
`
`However Tian is not specific regarding a fan housing.
`
`Tom teaches:
`
`Regarding claim 13, a fan housing 27 (fig. 1A), having an air inlet (closer to
`
`numeral 42b (fig. 1B) opened toward the suction port (closer to numeral 7, and in
`
`combination with the Tian) and an air outlet ( closer to numeral 28) opened toward the
`
`blow port 23 (fig. 1B and in combination with Tian), and surrounding the fan.
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to have the Tian invention modified with the Tom fan housing, in order to
`
`provide higher speedof the airstream at the exit opening (which centrifugal gfan
`
`housing of the fan provides) and thus accelerate the exhaustof the air, in order to
`
`provide comfort to the occupant.
`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 13
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`Conclusion
`
`9.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HELENA KOSANOVIC whose telephone number is
`
`(571)272-9059. The examiner can normally be reached on Monday-Friday 9 AM-5 PM.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Steve McAllister can be reached on 571-272-6785. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`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 https://ppair-
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`
`

`

`Application/Control Number: 16/738,080
`Art Unit: 3762
`
`Page 14
`
`/HELENA KOSANOVIC/
`Primary Examiner,
`Art Unit 3762
`071721
`
`