Appln. No.: 14/153,448
`Amendment Dated June 29, 2017
`Reply to Office Action of March 31, 2017 and Advisory Action of June 8, 2017
`
`CSPT-130US
`
`RemarkslArguments:
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`DO NOT ENTER THE AMENDMENT DATED MAY 23: 2017
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`Examiner Interview
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`The Applicant appreciates the time and courtesy extended by the Examiner during the
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`Examiner Inten/iew conducted by telephone on June 2, 2017. The Applicants have amended
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`claim 1 consistent with the discussion to clarify the meaning of the term “head end."
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`Claims 1-6, 9 and 10 are currently pending and stand rejected. Claim 1 has been
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`amended for the purpose of clarification. No new matter has been added.
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`Claim Status
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`Claim Rejections — 35 USC § 112
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`Claims 1-6, 9 and 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA),
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`second paragraph, as being indefinite because two instances of the phrase “a minor axis"
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`appear in claim 1. Claim 1 has been amended to correct this error. Withdrawal of this rejection
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`is respectfully requested.
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`Claim Rejections — 35 USC § 103
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`The pending claims stand rejected under 35 USC § 103. In summary, claims 1, 2, 5
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`and 6 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Applicant’s admitted
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`prior art (AAPA) (FIGs. 1, 2A and 2B) in view of Kahn (U.S. Patent No. 3,312,242). Claims 3
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`and 4 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over AAPA in view of
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`Kahn and further in view of Sano (U.S. Patent No. 6,431,257). Claims 9 and 10 are rejected
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`under pre-AIA 35 U.S.C. 103(a) as being unpatentable over AAPA in view of Kahn and further in
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`view of Official Notice. The Applicant respectfully requests reconsideration of these rejections
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`for the reasons set forth hereinafter.
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`In establishing a prima facie case of obviousness, “all of the claim limitations must be
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`considered." M.P.E.P. §2143.
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`Independent claim 1 has been amended and recites features that
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`are neither disclosed nor suggested by the cited references, namely,
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`.. a straight line portion is formed from a head end of the oval metal
`shutter to the curve point in a direction of the minor axis, and wherein
`the oval metal shutter has an outer perimeter, and the head end and
`the tail are positioned at opposite ends of the outer perimeter of the
`oval metal shutter in the direction of the minor axis...
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`Page 4 of 10
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`

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`Appln. No.: 14/153,448
`Amendment Dated June 29, 2017
`Reply to Office Action of March 31, 2017 and Advisory Action of June 8, 2017
`
`CSPT-130US
`
`By way of background to the Apoiicant’s invention, and with reference to the figure
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`heiow, as the rotating shafts 238 according to the present invention are provided on both sides
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`of the shutter 30%, the shafts bodies are not iocated on the center of the shutter 380, and an
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`imaginary iine connecting and extending between both sides of the rotating shafts 230 is
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`defined as a center iine of the rotating shafts 230. A projeetion of a center iine of the rotating
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`shaft 230 on the shutter 380 intersects the minor axis 380,. and the intersection point is defined
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`as a nrojeetion point 383, a curve point 382 is provided between the orojection noint 383 of the
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`center line of the rotating shaft 230 on the minor axis 380 and the taii 360 of the shutter 360,
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`and a curve oortion 393 is formed by curving the shutter 303 from the curve point 382 to the
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`inner surface 32% side of the shutter aiong the
`minor axis 380. A straight line portion 392 is
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`391
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`370
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`392
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`375
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`380 350
`'
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`382
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`330
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`390
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`formed from a head end 391 of the oval metal
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`shutter 300 to the curve point 382 in a direction
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`of a minor axis 380, and wherein the head end
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`391 and the tail 360 are positioned at opposite ends of an outer perimeter of the shutter 300 in
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`the direction of the minor axis 380, as shown in
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`Fig. 4.
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`“f4
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`In the Final Office Action, the portion of Kahn’s shutter between the numeral 11A to the
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`numeral 11 in Fig. 2 of is deemed as “a straight line portion”, the portion between the numeral
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`11C to the numeral 11A in Fig. 2 of Kahn is deemed as “a head," and the numeral 11 is deemed
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`as the “curve point." By way of this Amendment, the Applicant has amended claim 1 to clarify
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`that the head is located at an m of the shutter. More particularly, this claim amendment
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`clarifies that the straight line portion starts from one end of the oval metal shutter
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`s ecificall
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`the head end 391
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`and not from an intermediate osition alon the
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`minor axis of the shutter (for exampleI 11A or 11B in Kahn).
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`In contrast to claim 1, a
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`straight line portion is not formed from head end 11C to the curve point 11/11A because the
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`segment between 11C and 11A is curved.
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`_
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`FIG.2
`
`/11
`11A
`23A
`
`IIIIIIIIII’
`IIIIIIIIIIIIII
`"mm1””
`“MN”
`.
`V
`
` 11D
`I\'
`i
`\V‘
`I’II”"lll/mlllllll/l\V‘IIIIIIIIIIIIIIIIII “
`
`
` 19
`20A
`17
`is
`13
`24A
`
`
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`Page 5 of 10
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`

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`Appln. No.: 14/153,448
`Amendment Dated June 29, 2017
`Reply to Office Action of March 31, 2017 and Advisory Action of June 8, 2017
`
`CSPT-130US
`
`The claimed “straight line portion” (see item 392 in FIG. 4 above) is advantageous
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`because it stabilizes the shutter in the opened position.
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`In contrast, a prior art shutter having a
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`rounded portion (in lieu of the claimed straight line portion) is not as stable in the opened
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`position. The Applicant provides a schematic figure (see below) showing a prior art shutter,
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`which is bent from the head of the shutter (i.e., without a straight line portion, as claimed).
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`It
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`can be seen from the figure below that the air density at the outer surface is sparse and the air
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`density at the inner surface is dense, thus, the density difference will produce a force at the
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`upstream side relative to the rotating shaft, as shown by the broken line arrow, which urges the
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`shutter to close.
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`In other words, the force urges the shutter to rotate in the direction of the
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`broken line arrow.
`
`sparse
`“mummy.
`
`Kiltailtig Shait
`
`("n-fer Qurf'ace
`. A x
`.
`.
`,,
`.
`,
`(
`.1
`
`\\\
`WWW“?
`\\\\\\\\\\\\\\\\\\\\\\\\\\\\
`.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
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`5 mum-mm»
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`dense
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`,LEECEI
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`>
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`k
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`a»
`
`Through such technical features, the Applicant’s shutter is light and is opened easily so
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`as to reduce noise and ensure air quantity, and the Applicant’s shutter may suppress the
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`vibration of the shutter in a position where the shutter is opened and prevent turbulent flow so
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`as to improve quality and reliability of the product (see the last paragraph in the “SUMMARY OF
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`THE INVENTION" portion of the English specification of the present application).
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`Page 6 of 10
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`

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`Appln. No.: 14/153,448
`Amendment Dated June 29, 2017
`Reply to Office Action of March 31, 2017 and Advisory Action of June 8, 2017
`
`CSPT-130US
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`Reproduced below are Fig. 2 of Kahn and Fig. 4 of the present application for comparison
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`purposes so as to illustrate the difference between Kahn and the above-identified features of
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`claim 1 in detail. Kahn does not disclose the claimed “straight line portion" that extends to the
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`curve point.
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`More particularly, Kahn relates to an air or gas flow control means, such as a louver or
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`damper. Kahn further discloses that the louver unit 10 includes a plurality of louvers 11. The
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`louvers 11 consist of an upper portion 11A and a lower portion 11B (see column 2, lines 41-45
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`of the specification, and Fig. 2 in Kahn).
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`In Kahn, the upper portion 11A and the lower portion
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`11B of the louver 11 are both curved, and the upstream side and the downstream side of the
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`louver 11 relative to the rotating shaft 13 are both cun/ed. Thus, on the outer surface of the
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`louver 11 at the upstream side, i.e., the upper portion 11A, the louver 11 is configured to start
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`curving from the head end 11C thereof, and the air density is increasing there, while on the
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`inner surface of the louver 11 at the upstream side, i.e., the lower portion 11B, the louver 11
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`starts curving from the head end 11C thereof, and the air density is also increasing there.
`
`
`
`
`
`1 :M:
`1 1A
`I
`,
`’l
`.
`'r
`Iliailtllilluqu/Illllllllnli;
`,
`~/
`“(a "m.
`
`
`‘nwm—II'
`
`
`38
`13
`
`
`FIG. 2 of Kahn
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`As a result, at the upstream side, the air density at the inner surface and the outer
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`surface of the louver 11 at the same position in a horizontal direction are substantially equal to
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`each other.
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`In addition, on the outer surface of the louver 11 at the downstream side, Kahn’s
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`louver 11 starts curving from a curve point to the tail thereof, and the air density is decreasing
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`there, while on the inner surface of the louver 11 at the downstream side. The louver 11 curves
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`from a curve point to the tail thereof, and the air density is also decreasing there. As a result,
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`at the downstream side, the air density at the inner surface and the outer surface of the foil 11
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`at the same position in a horizontal direction are substantially equal to each other.
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`Page 7 of 10
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`

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`Appln. No.: 14/153,448
`Amendment Dated June 29, 2017
`Reply to Office Action of March 31, 2017 and Advisory Action of June 8, 2017
`
`CSPT-130US
`
`It can be envisioned that the louver 11 could significantly vibrate if it is opened only by
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`the ventilating fan, instead of a driving force from a motor, because it is insufficient for the
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`force difference between the upper portion 11A and the lower portion 11B to keep the louver
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`stable.
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`In contrast, in the Applicant’s invention, at the upstream side relative to the curve point
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`382, the air density at the inner surface 320 and the outer surface 330 of the shutter 300 at the
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`same position in a horizontal direction are substantially equal to each other by virtue of the
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`claimed “straight line portion.” (see the annotated Figure below - the straight line portion is
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`indicated by a thick line). Then, the shutter 300 starts to curve from the curve point 382 to an
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`inner surface side of the shutter along the minor axis to form a curve portion 390, thus, the air
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`density at the inner surface 320 of the shutter 300 at the downstream side relative to the curve
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`point 382 is increasing. The more the curve portion 390 curves, the larger the air density at
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`the inner surface 320 of the shutter 300 at the downstream side. To the contrary, the air
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`density at the outer surface 330 of the shutter 300 at the downstream side relative to the curve
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`point 382 is decreasing. The more the curve portion 390 curves, the less the air density at the
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`outer surface 330 of the shutter 300 at the downstream side. As a result, by means of the
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`curving of the shutter 300 from the curve point 382 to the tail 360, the force difference between
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`the inner surface 320 and the outer surface 330 can keep the shutter 300 in an open state.
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`Therefore, by means of the curve portion 390, claim 1 provides an effect of suppressing the
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`vibration of the shutter 300 to stabilize the shutter 300 in the open position.
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`370
`
`380 350
`
`375
`
`SGEll‘SE‘,
`
`340
`
`382
`330
`390
`
`sparse
`
`360
`
`
`
`320
`
`230
`
`383
`
`360
`/
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`Applicant’s FIG. 4
`(annotated)
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`

`

`Appln. No.: 14/153,448
`Amendment Dated June 29, 2017
`Reply to Office Action of March 31, 2017 and Advisory Action of June 8, 2017
`
`CSPT-130US
`
`Sano does not disclose the features of claim 1 that are missing from Kahn. Sano is
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`relied upon for its disclosure of shutter ribs. Sano does not teach or suggest the above-
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`described features of claim 1, and the Office Action does not present any arguments to the
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`contrary.
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`In addition to the foregoing, in contrast to the AAPA and Kahn, the technical solution of
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`claim 1 has a straight line portion; therefore, the air density at the outer surface is substantially
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`equal to the air density at the inner surface in the straight line portion. As a result, the air
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`density will not produce a force at the upstream side, which urges the shutter to close, and the
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`straight line portion provides an effect of suppressing the vibration of the shutter 300 to
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`stabilize the shutter 300 in the open position.
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`Accordingly, because independent claim 1 includes features that are neither disclosed
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`nor suggested by the cited references, prima facie obviousness cannot be established based on
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`the cited references. The dependent claims that stand rejected should also be allowed at least
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`as being dependent upon an allowable base claim. Reconsideration of claims 1-6, 9 and 10 is
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`respectfully requested.
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`Page 9 of 10
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`

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`Appln. No.: 14/153,448
`Amendment Dated June 29, 2017
`Reply to Office Action of March 31, 2017 and Advisory Action of June 8, 2017
`
`CSPT-130US
`
`m I
`
`n view of the remarks set forth above, the Applicant respectfully submits that this
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`application is now in condition for allowance, which action is respectfully requested.
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`If the
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`Examiner believes an interview will advance the prosecution of this application, it is respectfully
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`requested that the Examiner contact the undersigned to arrange the same.
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`Respectfully submitted,
`
`[Brett J. Rosenz
`Jacques L. Etkowicz, Reg. No. 41,738
`Brett J. Rosen, Reg. No. 56,047
`Attorneys for Applicants
`
`JLE/ B] R/ mf
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`Dated: June 29, 2017
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`2200 Renaissance Blvd.
`Suite 350
`
`King of Prussia, PA 19406
`(610) 407-0700
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`The Director is hereby authorized to charge or credit Deposit Account No. 18-0350 for
`any additional fees. or any underpayment or credit for overpayment in connection herewith.
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`3649585
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`Page 10 of 10
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