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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
`
`12/28/2018 —RATNERPRESTIA m
`7590
`52473
`2200 RENAIS SANCE BLVD
`KOSANOVIC’ HELENA
`S UITE 350
`KING OF PRUSSIA, PA 19406
`
`PAPER NUMBER
`
`3762
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/28/2018
`
`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 ZHONGI ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`HELENA KOSANOVIC [SENS 3762
`-- 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 () 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 9/24/18.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`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
`
`; the restriction requirement and election have been incorporated into this action.
`
`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 Claim(s) 1-6 and 9-12 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s) 1-6and9-12 Is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((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’vaIW.usnI‘.0. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send 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.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20181226A
`
`

`

`Application/Control Number: 14/153,448
`
`Page 2
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`Art Unit: 3762
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
`
`Claim Rejections - 35 USC § 1 12
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`IN GEN ERAL.—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.
`
`Claims 1-6 and 9-10, 12 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-
`
`AIA), 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 claims 1 and 12 contains limitation “a
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`portion having a substantially constant radius of curvature" which was not described in
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`the specification in such a way as to reasonably convey to one skilled in the relevant art
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`that the inventor, at the time the application was filed, had possession of the claimed
`
`invenflon
`
`

`

`Application/Control Number: 14/153,448
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`Page 3
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`Art Unit: 3762
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`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.
`
`1.
`
`Claims 1-2, 5-6 rejected under pre-AIA 35 U.S.C. 103(a) as Applicant
`
`admitted prior art in view of Stanislaus GB 542256 and further in view of McCabe
`
`3,204,548
`
`Applicant’s admitted prior art teaches:
`
`Regarding claim 1, an adapter structure of a ventilating fan (figs. 1, 2A, 28),
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`comprising:
`
`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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`

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`Application/Control Number: 14/153,448
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`Page 4
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`Art Unit: 3762
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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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`back of the shutter closer to numeral 8 on fig. ZB) 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
`
`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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`

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`Application/Control Number: 14/153,448
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`Page 5
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`Art Unit: 3762
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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
`
`Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331. Also MPEP 2144.07)
`
`Applicant’s admitted prior art does not teach about the curved shutter.
`
`Stanislaus teaches:
`
`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 end of the
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`shutter approximate 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) when the oval metal shutter is maintained in closed position ( see main
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`reference for this limitation in combination with the Stanislaus) and a straight line
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`portion (from the curved point to the opposite end of the shitter, fig. 3) is formed from a
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`head end (where straight end of the shutter 20 ends opposite to the curved portion 25,
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`fig. 3) of the oval metal shutter to the curve point in a direction of the minor axis (axis
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`along the shutter, equivalent to the instant application minor axis and applicant admitted
`
`

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`Application/Control Number: 14/153,448
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`Page 6
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`Art Unit: 3762
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`prior art fig. 2a-2b), and wherein oval metal shutter has an outer perimeter,(unnumbered
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`opposite ends of the shutter as seen in figures 2—3 and in combination with the admitted
`
`prior art) ends of the shutter and the head end and the tail are positioned at opposite
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`ends of the outer perimeter (figs 2—3) of the oval metal shutter in the direction of the
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`minor axis (fig. 2—3 and in combination with the Admitted prior art).
`
`.
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`Wherein the shutter is formed smoothly from the curve point to the tail (fig. 2-3)
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`and having a substantially constant radius of curvature that extends between the curve
`
`point and the tail of the shutter.
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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
`
`lla)
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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
`
`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
`
`this case varying the distance to start curving a plate at some particular distance from
`
`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.
`
`

`

`Application/Control Number: 14/153,448
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`Page 7
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`Art Unit: 3762
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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
`
`shutter in order to control the turbulence through the shutter and thus prevent noise.
`
`AAPA in view of Stanislaus teaches the invention as discussed above but ids
`
`silent regarding distance between the curved point and the projection point being less
`
`than a distance between the curve point and the tail of the shutter.
`
`McCabe teaches:
`
`Regarding claim 1, the distance between the curved m (figs 8 and 10) point and
`
`the projection point C (figs 8-10) (not that this distance is marked as “d” figs 8 and 10)
`
`being less than a distance between the curve point and the tail of the shutter (this
`
`distance is marked as “D” (fig. 8 and 10).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to have the AAPA in view of Stanislaus invention modified with the curved
`
`flapper with longer curvature of McCabe in order to prevent blade flutter (col. 2, ll. 56) in
`
`order to provide a flap with minimum wind noise and pressure drop across the flapper in
`
`order to increase occupant comfort.
`
`2.
`
`Claims 3-4 rejected under pre-AlA 35 U.S.C. 103(a) as being
`
`unpatentable over Applicant’s admitted prior art (figs 1, 2A and 2B) in view of Stanislaus
`
`542,256 and further in view of McCabe 3,204,548 and further in view of Sano
`
`6,431,257.
`
`

`

`Application/Control Number: 14/153,448
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`Page 8
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`Art Unit: 3762
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`Applicant’s admitted prior art in view of Stanislaus and McCabe teaches the
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`invention as discussed above but is not specific about the ribs.
`
`Sano teaches:
`
`Regarding claims 3-4, a rib is formed on the minor axis of the shutter (several
`
`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
`
`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
`
`invention to have the Applicant’s admitted prior art in view of Stanislaus and McCabe
`
`invention modified with the Sano vertical and horizontal ribs in order to provide
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`stuffiness to the shutter and thus provide the apparatus more sturdy and thus prevent
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`malfunction.
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`3.
`
`Claims 9-10 are rejected under pre-AlA 35 U.S.C. 103(a) as being
`
`unpatentable over Applicant’s admitted prior art (figs 1, 2A and 2B) in view of Stanislaus
`
`542,256 and further in view of McCabe 3,204,548 and further in view of Official Notice
`
`taken.
`
`Applicant’s admitted prior art in view of Stanislaus and McCabe teaches the
`
`invention as discuss above, but is silent about reinforcement part.
`
`Claims 9-10 are rejected, because Official notice is taken that having a support
`
`part for the clamp plates is well known in the prior art.
`
`

`

`Application/Control Number: 14/153,448
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`Page 9
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`Art Unit: 3762
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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
`
`its usage and thus make apparatus more affordable to the user.
`
`Claim 11 rejected under pre-AlA 35 U.S.C. 103(a) as Applicant admitted prior art
`
`in view of Stanislaus GB 542256 and further in view of Keller 1,451,985.
`
`Applicant admitted prior art in view of Stanislaus teaches the invention as
`
`discussed above, but is not specific that the shutter is curved along a major axis. (note
`
`that the Applicant admitted prior art teaches that the shutter is curved along a flanges at
`
`the border of the shutter)
`
`Keller teaches that the shutters curved along a major axes (fig. 3), and in
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`combination with the Applicant admitted prior art oval shutter with two axes minor and
`
`major).
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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 substitute the Applicant admitted prior art in view of Stanislaus shutter with
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`the Keller shutter curved along both axes of rotation, because the substitution of one
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`known element for another would have yielded predictable results of controlling the air
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`through the opening.
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`Further, at the time the invention was made it would have been obvious mater of
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`design choice to a person of ordinary skill in the art to have the shutter curved along
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`both axes of the shutter instead of one axes, because applicant has not disclosed that
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`the shutter curved along both axes provides an advantage is used for particular purpose
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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: 3762
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`or solves a stated problem. One of ordinary skill in the art would have expected the
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`Applicant’s invention to perform equally well with shutter curved along both or one axes
`
`of rotation, because both shapes performs the function of transferring the air equally
`
`well (MPEP 2144.04 IV B).
`
`Claim 12 rejected under pre-AlA 35 U.S.C. 103(a) as Applicant admitted prior art
`
`in view of Stanislaus GB 542256 and further in view of Keller 1,451,985 and further in
`
`view of McCabe 3,204,548
`
`Applicant admitted prior art in view of Stanislaus and Keller teaches the invention
`
`as discussed above, but is silent regarding distance between the curve point and the
`
`projection moint isless thant a distance between the distance between the curve point
`
`and the tail.
`
`McCabe teaches:
`
`Regarding claim 12, the distance between the curved m (figs 8 and 10) point and
`
`the projection point C (figs 8-10) (not that this distance is marked as “d” figs 8 and 10)
`
`being less than a distance between the curve point and the tail of the shutter (this
`
`distance is marked as “D” (fig. 8 and 10).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to have the AAPA in view of Stanislaus and Keller invention modified with the
`
`curved flapper with longer curvature of McCabe in order to prevent blade flutter (col. 2,
`
`ll. 56) in order to provide a flap with minimum wind noise and pressure drop across the
`
`flapper in order to increase occupant comfort.
`
`

`

`Application/Control Number: 14/153,448
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`Page 11
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`Art Unit: 3762
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`Response to Arguments
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`Applicant’s arguments with respect to claims 1-6, 9-12 have been considered but
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`are moot because the arguments do not apply to any of the references being used in
`
`the current rejection.
`
`In response to the argument regarding constant radius of curvature, this limitation
`
`is considered to be a new matter, and is rejected with 112 (a) paragraph. Further
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`applicant argued that McCabe reference does not teaches this limitation, however it
`
`seems that the Stanislaus reference teaches that the curved portion have a constant
`
`radius of curvature at least according to the drawings.
`
`Regarding new claims limitations, the examiner applied new art for new
`
`limitations as discussed above.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`

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`Application/Control Number: 14/153,448
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`Page 12
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`Art Unit: 3762
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`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`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.
`
`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
`
`examiner should be directed to HELENA KOSANOVIC whose telephone number is
`
`(571 )272—9059. The examiner can normally be reached on Monday-Friday.
`
`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
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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 13
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`Art Unit: 3762
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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 571-272-1000.
`
`/HELENA KOSANOVIC/
`
`Primary Examiner,
`Art Unit 3749
`
`122618
`
`