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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
`
`01/25/2018 —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
`
`01/25/2018
`
`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 Inventorto File)
`Office Action Summary
`
`3749HELENA KOSANOVIC first“
`
`-- 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 CFR 1.136(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)IXI Responsive to communication(s) filed on 10/10/18.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:| This action is non-final.
`2a)IZ| 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.
`
`4)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)|XI Claim(s) 1-6,9 and 10 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| Claim(s) 1-6,9 and 10is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
`
`9)|:l Claim(s)
`are subject to restriction and/or election requirement.
`* 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
` S
`htt
`://www.usoto. ov/ atents/init events) .h/index.‘
`
`
`
`
`
`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I 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:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I 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 (PT0_413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180120
`
`

`

`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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`Claim Rejections - 35 USC § 1 12
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`IN GENERAL—The specification shall contain a written description of the
`(a)
`invention, and of the manner and process of making and using it, in such full, clear, concise,
`and exact terms as to enable any person skilled in the art to which it pertains, or with which it
`is most nearly connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventor orjoint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the
`manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly
`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor of carrying out his invention.
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`Claims 1-6 and 9-10 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA),
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`first paragraph, as failing to comply with the written description requirement. The
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`claim(s) contains subject matter which was not described in the specification in such a
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`way as to reasonably convey to one skilled in the relevant art that the inventor or a joint
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`inventor, or for pre-AIA the inventor(s), at the time the application was filed, had
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`possession of the claimed invention.
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`In this case claim 1 contains limitation “wherein
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`the inner surface side is a surface located at an air inlet side of the oval metal adapter"
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`which was not described in the specification in such a way as to reasonably convey to
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`one skilled in the relevant art that the inventor, at the time the application was filed, had
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`possession of the claimed invention
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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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`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.
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`Claims 1-6 and 9-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly
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`claim the subject matter which the inventor or a joint inventor, or for pre-AIA the
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`applicant regards as the invention. In particular it is not clear any more what is the
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`adapter structure of a ventilation fan, because of the new limitation “wherein when the
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`ventilation fan operates...”. From the specification the Applicant has described the
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`ventilation fan structure as a structure of at least figures 1-3, and it seems that the
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`applicant introduced the fan as an additional structure, especially when remarks and
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`argument is applied. For the purpose of the examination the examiner will treat this
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`limitation as described in the specification and as shown on figures 15
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`Drawings
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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 ventilating fan (fig.
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`1) must be shown or the feature(s) canceled from the claim(s). No new matter should
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`be 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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`

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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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`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). 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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`

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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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`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:
`
`(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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`1.
`
`Claims 1-2, 5-6 rejected under pre-AIA 35 U.S.C. 103(a) as Stanislaus GB
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`542256
`
`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, 28) 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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`wherein when the ventilating fan operates (fig, 1 and 2A, which means the
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`apparatus is opened) and air is flowing from the an air inlet (inlet closer to the
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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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`back of the shutter closer to numeral 8 on fig. 2B) to the inner surface side of the
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`shutter (fig. 2A), the shutter is opened (Figs, 1-2)
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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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`

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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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`Stanislaus teaches:
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`Regarding claim 1, a curve point 20 (fig. 3) is provided between a projection point
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`of a center line of the rotating shaft on the minor axis and a tail of the shutter (this
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`limitation teaches the applicant’s admitted prior art, wherein the a projection point is the
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`point where lines 8 and 20 intersects (fig. 2b) and a tail of the shitter is is end of the
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`shutter approzimate to the intersection of 8 and 12 (fig. 3b)), and a curve portion (25,
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`fig. 3) of the shutter is formed by curving the shutter from the curve point to an inner
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`surface side of the shutter (unnumbered inner surface of the upper surface of the
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`shutter 20 (fig. 3)) along the minor axis (and in combination with the Applicant’s
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`admitted prior art, that shows the minor axis as discussed above), wherein the inner
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`surface is a surface located at an air inlet side of the oval metal adapter (see the
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`shutter with the inner surface and an adapter fig 2A of the applicant admitted
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`prior art) and a straight line portion (from the curved point to the opposite end of the
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`shitter, fig. 3) is formed from a head end (where straight end of the shutter 20 ends
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`opposite to the curved portion 25, fig. 3) of the oval metal shutter to the curve point in a
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`direction of the minor axis (axis along the shutter, equivalent to the instant application
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`minor axis and applicant admitted prior art fig. 2a-2b), and wherein oval metal shutter
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`has an outer perimeter,(unnumbered opposite ends of the shutter as seen in figures 2-3
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`and in combination with the admitted prior art) ends of the shutter and the head end
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`and the tail are positioned at opposite ends of the outer perimeter (figs 2-3) of the oval
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`metal shutter in the direction of the minor axis (fig. 2-3 and in combination with the
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`Admitted prior art).
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`.
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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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`Wherein the shutter is formed smoothly from the curve point to the tail (fig. 2-3)
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`Regarding claim 2, the curve point is located on an upstream side (fig. 2-3)
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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 11c), 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 Stanislaus teaches curtain distance is provided between the
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`rotate 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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`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 Stanuslau curved
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`shutter in order to control the turbulence through the shutter and thus prevent noise.
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`2.
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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 Stanislaus 542,256 and
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`further in view of Sano 6,431,257.
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`

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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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`Applicant’s admitted prior art in view of Stanislaus teaches the invention as
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`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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`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 Stanislaus invention
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`modified with the Sano vertical and horizontal ribs in order to provide stuffiness to the
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`shutter and thus provide the apparatus more sturdy and thus prevent malfunction.
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`3.
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`Claims 9-10 are rejected under pre-AlA 35 U.S.C. 103(a) as being
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`unpatentableover Applicant’s admitted prior art (figs 1, 2A and 2B) in view of Stanislaus
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`542,256 and further in view of Official Notice taken.
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`Applicant’s admitted prior art in view of Stanislaus and Ammons teaches the
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`invention 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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`

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`Application/Control Number: 14/153,448
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`Page 10
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`Art Unit: 3749
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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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`Response to Arguments
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`Applicant’s arguments with respect to claims 1-6, 9-10 have been considered but
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`are moot because the arguments do not apply to any of the references being used in
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`the current rejection.
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`In response to applicant's arguments against the references individually, one
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`cannot show nonobviousness by attacking references individually where the rejections
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`are based on combinations of references. See In re Keller, 642 F.2d 413, 208
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`USPQ 871 (CCPA 1981); In re Merck& Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir.
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`1986). In this case regarding claim 1, Applicant argued only Stanislaus reference, even
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`though the examiner applied said reference as a secondary reference in order to show
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`curved portion only. However the main reference was not mentioned like was not
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`applied at all.
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`Further since the Applicant has not challenged the Official notice taken, it is
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`assumed that the Applicant has agreed that it is known in the art to have the support
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`part for the clamp plates in order to avoid malfunction of the apparatus and prolong its
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`usage and thus make apparatus more affordable to the user.
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`Conclusion
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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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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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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 12
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`Art Unit: 3749
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`Information regarding the status of an application may be obtained from the
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`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/
`
`Primary Examiner,
`Art Unit 3749
`
`012118
`
`