throbber

`
`V i$ T {a
`
`A
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/900,998
`
`02/21/2018
`
`Yasuaki SHIMA
`
`PIPMN-58838
`
`9962
`
`759°
`52°“
`PEARNE & GORDON LLP
`
`””9””
`
`1801 EAST 9TH STREET
`SUITE 1200
`
`CLEVELAND, OH 44114-3108
`
`TIGHEDANA K
`
`3762
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/19/2019
`
`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):
`
`patdoeket@pearne.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/900,998
`Examiner
`DANA K TIGHE
`
`Applicant(s)
`SHIMA etal.
`Art Unit
`3762
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
`
`Status
`
`1). Responsive to communication(s) filed on 02/21/2018.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)[:] This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] 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
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
`
`flis/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`Claim(ss) 1_—6 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 02/21/2018 is/are: a). accepted or b)(j 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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)C] Some**
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`SD 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)
`
`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) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20191207
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`The present office action is in response to claims filed on 02/21/2018. Claims 1 — 6 are currently
`
`pending in the application.
`
`2.
`
`The present application, filed on or after March 16, 2013, is being examined under the first inventor
`
`to file provisions of the AIA.
`
`2.01.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
`
`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
`
`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same under either status.
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statement filed 02/21/2018, fails to comply with 37 CFR 1.98(a)(2),
`
`which requires a legible copy of each cited foreign patent document; each non-patent literature
`
`publication or that portion which caused it to be listed; and all other information or that portion which
`
`caused it to be listed.
`
`It has been placed in the application file, but the information referred to therein
`
`has not been considered.
`
`3.01.
`
`A legible copy of the following foreign patents has not been provided:
`
`0
`
`JP5408329
`
`Claim Rejections - 35 USC § 112
`
`4.
`
`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.
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 3
`
`5.
`
`Claim 6 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and
`
`distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
`
`5.01.
`
`Claim 1 recites the limitation ”the restriction condition” in line 23. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`0
`
`For purposes of examination, the Examiner interprets ”the restriction condition” in line
`
`22 to be ”a restriction condition”.
`
`5.02.
`
`Claim 1 recites the limitation ”the state” in line 33. There is insufficient antecedent basis
`
`for this limitation in the claim.
`
`0
`
`For purposes of examination, the Examiner interprets ”the state” in line 33 to be ”a
`
`state”.
`
`5.03.
`
`Claims 2 — 5 are rejected for their dependency on Claim 1.
`
`5.04.
`
`Claim 6 recites the limitation ”a method of manufacturing a ventilator” in line 1. However,
`
`no explicit method steps are provided in the body of the claim. This yields the claim indefinite
`
`failing to particularly point out and distinctly claim the invention.
`
`5.05.
`
`Claim 6 recites the limitation ”the restriction condition” in line 22. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`0
`
`For purposes of examination, the Examiner interprets ”the restriction condition” in line
`
`22 to be ”a restriction condition”.
`
`5.06.
`
`Claim 6 recites the limitation ”the state” in lines 32-33. There is insufficient antecedent
`
`basis for this limitation in the claim.
`
`0
`
`For purposes of examination, the Examiner interprets ”the state” in lines 32-33 to be ”a
`
`state”.
`
`5.07.
`
`Claim 6 recites the limitation ”the caulking of the first caulking joint part, the caulking of
`
`the second caulking joint part, the pressure-bonding in the first hook part, and the pressure-
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 4
`
`bonding in the second hook part which are performed simultaneously” in lines 42-46. This yields
`
`the claim indefinite for its multiple interpretations.
`
`o The Examiner is not able to distinctly interpret ”which are performed simultaneously”.
`
`What are performed simultaneously? The pressure-bonding of the first hook part and the
`
`second hook part? The caulking of the first and second caulkingjoint parts and the
`
`pressure-bonding of the first and second hook parts?
`
`0 As the metes and bounds of the limitation cannot be determined, the claim is indefinite.
`
`5.08.
`
`Claim 6 recites the limitation ”the caulking of the first caulking joint part, the caulking of
`
`the second caulking joint part, the pressure-bonding in the first hook part, and the pressure-
`
`bonding in the second hook part which are performed simultaneously” in lines 42-46. This yields
`
`the claim indefinite.
`
`o
`
`It is unclear how caulking of two separate joint parts and pressure-bonding of two hook
`
`parts can occur simultaneously.
`
`Is the caulking applied before the adapter plate and the
`
`connection surface are overlapped? Is the caulking applied after the adapter plate and the
`
`connection surface are overlapped? With either interpretation, it is unclear how the
`
`caulking occurs simultaneously with the pressure bonding.
`
`5.09. Appropriate action is required.
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set
`
`forth 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 of this title, 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
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 5
`
`pertains. Patentability shall not be negated by the manner in which the invention was
`made.
`
`7.
`
`Claims 1, 2, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Tom (U.S. Patent
`
`No. 9,416,989) in view of Yeung (U.S. Pre-Grant Publication No. 2008/0318515), Adrian et al. (U.S. Pre-
`
`Grant Publication No. 2009/0170421) and Larson et al. (U.S. Patent No. 6,261,175).
`
`7.01.
`
`Regarding Claim 1, Tom shows (Figures 1 and 2):
`
`o A ventilator {1) comprising:
`
`0
`
`a hotly part (120) with a box shape {as iilustrated in Figure 1, 120 is boxedvshapel having
`
`a suction opening {the opening over which 262 is placed};
`
`0
`
`an adapter plate (80} with a flat piete shape (as iliustretecl in Figure 1, 80 is a flat plate)
`
`that has a blowout opening (the opening in 30 over which 20 is placed) and is provided on
`
`one surface {the left flat sideweli M120, as iliustrated in Figure 1) of the body part (120);
`
`o
`
`a hiowing part (121} anti associated components) that guides air (air drawn in through
`
`262 anti exhausted through 20) to the hiowout opening (the opening in 80 over which 20 is
`
`pieced) from the suction opening {the opening over which 262 is place-Ci); and
`
`0
`
`an adapter (20) that is provider} on the adapter piate {30}: to connect the hiowout
`
`opening (the opening in 30 over which 20 is placed) and an exhaust air duct (it is inherent a
`
`rouncl exhaust cluct couiii he connected to the ieft side of 20, as 20 is oriented in Figure 1),
`
`wherein
`
`o
`
`o
`
`the adapter {20) inciudes:
`
`a connection surface {201, see Annotated Partial Figure 2i. heiow} connected to (as
`
`iliustrateci in Figure 2) the adapter piate (30):; and
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 6
`
`
`
`enn i
`
`o
`
`a cyEindriCei euter peripherai weii {2052, See Ahhetated Partiai Figure 2 above) rising
`
`perpendicuiariy from (as iiiustrated in Figure 1) the cannectien surface {20-1}, wherein the
`
`connectien surface (20»1iarid the meter peripherei waiE {28:2} are integraiiy formed (as
`
`iiiustrated in Figure 1, 28:1 and 20-2 are integraiiy farmed); and
`
`o
`
`o
`
`the adapter piate (30) inciucies:
`
`a first ceuikéhg jeint part (the imrizentai sides surruunuihg> the opening in 20.) that is
`
`provided in a side. (the. ieh‘. areri right sides) Eocated in an outer periphery {the outer
`
`periphery 0f the ripening in 2G surruunus the opening in 20) of the hipwuut opening (the.
`
`opening in 30 over which 20 is pieced) and jeins the adapter piete (80) and the cannectipri
`
`surface (291) in a state (the state Eiiustrated in Figure 2) where the adapter piete {39) and
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 7
`
`the connection surface {204i} are overlapped with each other (as iiltistrated in Figure 2);
`
`and
`
`o
`
`a second cauikihg joint part (the verticai sides surrounding the opening in 20) that is
`
`provided in a side (the too and bottom sides) iocateci in the outer periphery {the opening in
`
`20 surrounds the opening in 23') of the blowout opening (the opening in St? over which 29 is
`
`placed) and joins the adapter plate (80) and the connection surface (20-1) in the state (the
`
`state illustrated in Figure 2) where the adapter oiate {80) and the connection surface (20-1)
`
`are overiapped with each other {as iilnstrated in Figure 2),
`
`0 However, Torn tacks showing the exhaust duct connected to the adapter, the connection
`
`surface and the outer peripheral wall are formed of a rnetal material, a first hook part that
`
`is provided in an outer periphery of the blowout opening and restricts the connection
`
`surface to slide in one direction, while restricting the connection surface to move in a
`
`direction away from the adapter piate in the restriction condition; a second hook part that
`
`is provided in the outer periphery of the blowout opening and restricts the connection
`
`surface to slide in another direction intersecting with the one direction oerpendicniariy,
`
`whiie restricting the connection surface to move in the direction away from the adapter
`
`piate in the restriction condition.
`
`7.02.
`
`Yeung teaches (Figure 1):
`
`o
`
`It is known in the ventilator (10) art that an exhaust duct (outlet fitting 2 connects to an
`
`exhaust duct for venting to an exterior location, Paragraph 0023).
`
`0 Further, saturated air from bath, shower and sink use can cause condensation and
`
`related problems such as mold and mildew, Paragraph 0002... The duct directs air drawn
`
`into the air inlet of the ventilation fan from the bathroom (or other room where the fan is
`
`placed) to a desired location, typically outside, Paragraph 0003.
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 8
`
`7.03.
`
`It would have been obvious to one having ordinary skill in the art at the time of filing to
`
`attach an exhaust duct to the round end of Tom’s adapter, as taught by Yeung, to reduce the
`
`amount of condensation, mold, and mildew above the ceiling of the room in which the ventilator is
`
`installed by directing the air to a desired location, such as outside.
`
`7.04. Adrian teaches (Figure 8):
`
`o
`
`It is known in the ventilator (10) art to form a connection surface (the surface of 122
`
`connected to 14) and an outer peripheral wall (the cylindrical portion of 122) of a metal
`
`material (the main housing 14 is formed of sheet metal, Paragraph 0026; as illustrated in
`
`Figure 8, 122 is a component of 14 and therefore formed of sheet metal).
`
`0 Further, sheet metal is a material capable of withstanding varying temperatures and can
`
`also provide structural integrity, Paragraph 0026.
`
`7.05.
`
`It would have been obvious to one having ordinary skill in the art at the time of filing to
`
`construct Tom’s main body including the connection surface and outer peripheral wall of sheet
`
`metal, as taught by Adrian, to provide a ventilator capable of withstanding varying temperatures
`
`with structural integrity.
`
`7.06.
`
`Larson teaches (Figure 2):
`
`o
`
`It is known in the ventilator (10) art to connect an adapter (12) to an adapter plate (22),
`
`wherein the adapter plate (22) includes a first hook part (the opening in each of the left and
`
`right sides of 30, as illustrated in Figure 2; it is noted the left and right sides each have a half
`
`hexagonal shape) provided in an outer periphery (as illustrated in Figure 2, 30 is the outer
`
`periphery of the outlet opening in 22) and restricts a connection surface (the flat
`
`rectangular surfaces of 12) of the adapter (12) to slide in one direction (sliding in the
`
`horizontal direction), while restricting the connection surface (the flat rectangular surfaces
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 9
`
`of 12) to move in a direction (the direction away from 22) from the adapter plate (22) in a
`
`restriction condition (the installed condition of 12); and
`
`o
`
`a second hook part (the opening in each of the top and bottom sides of 30, as illustrated
`
`in Figure 2; it is noted the top and bottom sides each have a half hexagonal shape) provided
`
`in an outer periphery (as illustrated in Figure 2, 30 is the outer periphery of the outlet
`
`opening in 22) and restricts a connection surface (the flat rectangular surfaces of 12) of the
`
`adapter (12) to slide in another direction (sliding in the vertical direction) intersecting with
`
`the one direction (sliding in the horizontal direction) perpendicularly (horizontal and
`
`vertical directions are perpendicular to each other), while restricting the connection surface
`
`(the flat rectangular surfaces of 12) to move in the direction (the direction away from 22)
`
`from the adapter plate (22) in the restriction condition (the installed condition of 12).
`
`7.07.
`
`It would have been obvious to one having ordinary skill in the art at the time of filing to
`
`modify the outer periphery of the adapter plate and corresponding connection surface of the
`
`adapter shown by Tom to include the first and second hook parts and corresponding structure in
`
`the connection surface, as taught by Larson, to provide a more secure connection between the
`
`adapter plate and the adapter, thus reducing vibration noise that may be generated as air flows
`
`from the body part to the adapter.
`
`0
`
`it i3 inherent that in the combination of Tom and Lemon, the first caulking joint part on
`
`the ieft and right sides of "ion: is facing the first book part in the top and bottom sides (as
`
`modified by Larson) across the biowout opening and the second cauiking joint part of Tom
`
`is facing the second book part in the top and bottom sides (as modified by Larson) across
`
`the biowout opening,
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 10
`
`7.08.
`
`Regarding Claim 2, the specific combination of Tom (Figures 1 and 2) and Larson (Figure 2)
`
`teaches:
`
`o The first hook part (Larson: the opening in each of the left and right sides of 30, as
`
`illustrated in Figure 2; it is noted the top and bottom sides each have a half hexagonal
`
`shape) and the second hook part (Larson: the opening in each of the top and bottom sides
`
`of 30, as illustrated in Figure 2; it is noted the top and bottom sides each have a half
`
`hexagonal shape) are fixed (Larson: as illustrated in Figure 2, the openings in the sides of 30
`
`are fixed) in the state (Tom: state in Figure 2) where the adapter plate (Tom: 80) and the
`
`connection surface (Tom: 20-1) are pressure-bonded to each other (Tom: in the installed
`
`state, 80 and 20-1 are pressure-bonded to each other when the two pieces are joined).
`
`7.09.
`
`Regarding Claim 4, the specific combination of Tom (Figures 1 and 2) and Larson (Figure 2)
`
`teaches:
`
`o The connection surface (Tom: 20-1) includes a pressure-bonding side (Tom: the interior
`
`side of 20-1 which joins with 80) that is projected from the one side of the connection
`
`surface (Tom: 20-1) and pressure-bonded (as modified by Larson, 20-1 includes a projection
`
`that slides into the hook parts of 80 and this connection forms a pressure-bond) by the first
`
`hook part (Larson: the opening in each of the left and right sides of 30, as illustrated in
`
`Figure 2; it is noted the top and bottom sides each have a half hexagonal shape), and
`
`o
`
`the adapter plate (Tom: 80) includes projection parts (as modified by Larson, 80 includes
`
`Larson’s 30, which are projection parts in the shape of a half-hexagon) projected from a
`
`plane (Tom: the flat plane of 80, as illustrated in Figure 1) of the adapter plate (Tom: 80),
`
`wherein
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 11
`
`o
`
`the pressure-bonding side (Tom: the interior side of 20—1 which joins with 80) is
`
`interposed between the projection parts (as modified by Larson, 80 includes Larson’s 30,
`
`which are projection parts in the shape of a half-hexagon) provided on both sides (the left
`
`and right sides) of the first hook part (Larson: the opening in each of the left and right sides
`
`of 30, as illustrated in Figure 2; it is noted the top and bottom sides each have a half
`
`hexagonal shape).
`
`7.10.
`
`Regarding Claim 5, the specific combination of Tom (Figures 1 and 2) and Larson (Figure 2)
`
`teaches:
`
`o The projection parts (as modified by Larson, 80 includes Larson’s 30, which are
`
`projection parts in the shape of a half-hexagon) have a height (the height of each side of
`
`30) twice a thickness of (the thickness of Tom’s 20—1 is the thickness of sheet metal) of the
`
`connection surface (Tom: 20-1) or more (as illustrated in Larson’s Figure 2, the height of
`
`each side of 30 is more than twice the thickness of sheet metal).
`
`8.
`
`Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tom (U.S. Patent No.
`
`9,416,989), Yeung (U.S. Pre-Grant Publication No. 2008/0318515), Adrian et al. (U.S. Pre-Grant
`
`Publication No. 2009/0170421), and Larson et al. (U.S. Patent No. 6,261,175), as recited in Claim 1
`
`above, further in view of Pearson (U.S. Patent No. 3,939,506).
`
`8.01.
`
`Regarding Claim 3, the specific combination of Tom (Figures 1 and 2) and Larson (Figure 2)
`
`teaches:
`
`o A direction (the first caulking joint part would be caulked in the horizontal direction and
`
`the second caulking joint part would be caulked in the vertical direction) in which the first
`
`caulkingjoint part (Tom: the horizontal sides surrounding the opening in 2:3) and the
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 12
`
`second cauiking joiht part (Tom: the verticai sides surrounding the opening in 2.0) and a
`
`direction (the first hook part would be pressurebonded in the horizontal direction ahd the
`
`second hook part would he pressure-bonded in the vertical direction) of first hook part
`
`(Larson: the opening in each of the left and right sides of 30, as illustrated in Figure 2; it is
`
`noted the left and right sides each have a half hexagonal shape) and the second hook part
`
`(Larson: the opening in each of the top and bottom sides of 30, as illustrated in Figure 2; it
`
`is noted the left and right sides each have a half hexagonal shape) are pressure-bonded are
`
`identical.
`
`0 However, Tom lacks showing the first and second caulking joint parts are caulked.
`
`8.02.
`
`Pearson teaches (Figures 1 and 4):
`
`o A known method of manufacturing (method of installing a ventilation system illustrated
`
`in Figure 1) a ventilator (ventilation system illustrated in Figure 1) includes caulking (70, 71,
`
`and 72) joint parts (connection joints between 28’ and 11).
`
`0 Further, foam rubber is effective for the seal and trip caulking of the type used on
`
`automobiles and refrigerators is very effective material for the seals and forms a perfect
`
`seal, Col. 5, lines 45-49.
`
`8.03.
`
`It would have been obvious to one with ordinary skill in the art at the time of invention to
`
`modify the first and second caulking joint parts shown by Tom to include the step of being caulked
`
`during manufacturing, as taught by Pearson, to provide a perfect seal to prevent air leakage
`
`through the joint parts.
`
`9.
`
`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tom (U.S. Patent No. 9,416,989)
`
`in view of Yeung (U.S. Pre-Grant Publication No. 2008/0318515), Adrian et al. (U.S. Pre-Grant Publication
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 13
`
`No. 2009/0170421) and Larson et al. (U.S. Patent No. 6,261,175), and Pearson (U.S. Patent No.
`
`3,939,506).
`
`9.01.
`
`Regarding Claim 6, Tom shows (Figures 1 and 2):
`
`o A method of manufacturing {the method oi manufacturing 1 is iiiustrateci in Figure 1} a
`
`ventiiator {1) comprising:
`
`0
`
`a hcsciy part (120.) with a he): shape {as iiiustrated in Figure 1, .i.20 is hoxeuehapei having
`
`a suction opening {the opening over which 362 is pieced);
`
`0
`
`an adapter oiate (30) with a fiat uiate shape {as iiiustrated in Figure 1, St? is a fiat oiate)
`
`that has a biowout opening {the opening in Si) over which 20 is niaced} anti is provideci on
`
`one suriace (the ieit iiatsidewaii of120, as iiiustrated in Figure 1) of the body part (120);
`
`o
`
`a hiowing part {170 and associated components) that guides. air {air drawn in through
`
`26?. and exhausteci through 20) to the hiowciut opening (the opening in 80 over which 20 is
`
`pieced} from the suction opening (the opening over which 262 is pieced); and
`
`0
`
`an adapter {20) that is provided on the adapter piate (30) to connect the biowout
`
`opening {the opening in 80 over which 20 is pieced) and an exhaust air duct (it is inherent a
`
`round exhaust duct couici he connecteci to the ieit side of 20, as 20 is oriented in Figure 1),
`
`wherein
`
`o
`
`o
`
`the adapter {20): inciucies:
`
`a connection surface (201, see Annotated Partiai Figure 1 above) connected to {as
`
`iiiustrated in Figure 2:: the adapter piate {30); and
`
`o
`
`a cyiineiricai outer peripherai waii i202, see Annotated Partiai Figure 2 above) rising
`
`oerpendicuiariy from (as iiiustrated in Figure 1) the connection surface (201}, wherein the
`
`connection surface i201) and the outer perioherai waii (202') are integraiiy formed (as
`
`iiiustrated in Figure 1, 201 and 20~2 are integraiiy formed}; and
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 14
`
`o
`
`0
`
`the adapter piate {8.0) includes:
`
`a first caulking joint part (the horizontai sides surrounding the opening in 20) that is
`
`provided in a side (the left and right sides} iocateo in an outer periphery (the outer
`
`periphery of the opening in 21} surrounds the opening in 20) of the hiowout opening {the
`
`opening in 30 over which 20 is placed) and joins the adapter plate (80.) and the connection
`
`surface (264i) in a state {the state illustrated in Figure 2) where the adapter piate (313}: and
`
`the connection surface (204.) are overlapped with each other {as iilustrated in Figure 2);
`
`and
`
`o
`
`a second cauiking joint part {the verticai sides surrounding the opening in 20) that is
`
`provided in a side (the top and bottom sides} iocated in the outer periphery (the opening in
`
`20 surrounds the opening in 29) of the hiowout opening {the opening in at} over which 23' is
`
`pieced) and joins the adapter plate {80} and the connection surface {20-1} in the state {the
`
`state iliustrated in Figure 2) where the adapter piate (33) and the connection suriace {20-1)
`
`are overiapped with each other {as iilustrated in figure 2).
`
`0 However, Torn iacks showing the exhaust duct connected to the adapter, the connection
`
`surface and the outer peripheral wall are forrned of a rnetai material, a first hool< part that
`
`is provided in an outer periphery of the blowout opening and restricts the connection
`
`surface to slide in one direction, while restricting the connection surface to rnove in a
`
`direction away frorn the adapter piate in the restriction condition; a second hook part that
`
`is provided in the outer periphery of the blowout opening and restricts the connection
`
`surface to slide in another direction intersecting with the one direction perpendicuiariy,
`
`whiie restricting the connection surface to move in the direction away from the adapter
`
`piate in the restriction condition, and the caulking of the first caulking joint part and the
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 15
`
`caulking of the second caulking joint part occurs simultaneously with the. pressurebonding
`
`in the first hook part and the second hook part.
`
`9.02. Yeung teaches (Figure 1):
`
`o
`
`It is known in the ventilator (10) art that an exhaust duct (outlet fitting 2 connects to an
`
`exhaust duct for venting to an exterior location, Paragraph 0023).
`
`0 Further, saturated air from bath, shower and sink use can cause condensation and
`
`related problems such as mold and mildew, Paragraph 0002... The duct directs air drawn
`
`into the air inlet of the ventilation fan from the bathroom (or other room where the fan is
`
`placed) to a desired location, typically outside, Paragraph 0003.
`
`9.03.
`
`It would have been obvious to one having ordinary skill in the art at the time of filing to
`
`attach an exhaust duct to the round end of Tom’s adapter, as taught by Yeung, to reduce the
`
`amount of condensation, mold, and mildew above the ceiling of the room in which the ventilator is
`
`installed by directing the air to a desired location, such as outside.
`
`9.04. Adrian teaches (Figure 8):
`
`o
`
`It is known in the ventilator (10) art to form a connection surface (the surface of 122
`
`connected to 14) and an outer peripheral wall (the cylindrical portion of 122) of a metal
`
`material (the main housing 14 is formed of sheet metal, Paragraph 0026; as illustrated in
`
`Figure 8, 122 is a component of 14 and therefore formed of sheet metal).
`
`0 Further, sheet metal is a material capable of withstanding varying temperatures and can
`
`also provide structural integrity, Paragraph 0026.
`
`9.05.
`
`It would have been obvious to one having ordinary skill in the art at the time of filing to
`
`construct Tom’s main body including the connection surface and outer peripheral wall of sheet
`
`metal, as taught by Adrian, to provide a ventilator capable of withstanding varying temperatures
`
`with structural integrity.
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`9.06.
`
`Larson teaches (Figure 2):
`
`Page 16
`
`o
`
`It is known in the ventilator (10) art to connect an adapter (12) to an adapter plate (22),
`
`wherein the adapter plate (22) includes a first hook part (the opening in each of the left and
`
`right sides of 30, as illustrated in Figure 2; it is noted the left and right sides each have a half
`
`hexagonal shape) provided in an outer periphery (as illustrated in Figure 2, 30 is the outer
`
`periphery of the outlet opening in 22) and restricts a connection surface (the flat
`
`rectangular surfaces of 12) of the adapter (12) to slide in one direction (sliding in the
`
`horizontal direction), while restricting the connection surface (the flat rectangular surfaces
`
`of 12) to move in a direction (the direction away from 22) from the adapter plate (22) in a
`
`restriction condition (the installed condition of 12); and
`
`o
`
`a second hook part (the opening in each of the top and bottom sides of 30, as illustrated
`
`in Figure 2; it is noted the top and bottom sides each have a half hexagonal shape) provided
`
`in an outer periphery (as illustrated in Figure 2, 30 is the outer periphery of the outlet
`
`opening in 22) and restricts a connection surface (the flat rectangular surfaces of 12) of the
`
`adapter (12) to slide in another direction (sliding in the vertical direction) intersecting with
`
`the one direction (sliding in the horizontal direction) perpendicularly (horizontal and
`
`vertical directions are perpendicular to each other), while restricting the connection surface
`
`(the flat rectangular surfaces of 12) to move in the direction (the direction away from 22)
`
`from the adapter plate (22) in the restriction condition (the installed condition of 12);
`
`wherein
`
`o
`
`0
`
`the method of manufacturing includes:
`
`the simultaneous pressure-bonding (as 12 and 30 are joined, a pressure-bond is formed
`
`between 12 and 30 to hold 12 into place) in the first hook part (the opening in each of the
`
`left and right sides of 30, as illustrated in Figure 2; it is noted the top and bottom sides each
`
`

`

`Application/Control Number: 15/900,998
`Art Unit: 3762
`
`Page 17
`
`have a half hexagonal shape) and the second hook part (the opening in each of the top and
`
`bottom sides of 30, as illustrated in Figure 2; it is noted the top and bottom sides each have
`
`a half hexagonal shape).
`
`9.07.
`
`It would have been obvious to one having ordinary skill in the art at the time of filing to
`
`modify the outer periphery of the adapter plate and corresponding connection surface of the
`
`adapter shown by Tom to include the first and second hook parts and corresponding structure in
`
`the connection surface, as taught by Larson, to provide a more secure connection between the
`
`adapter plate and the adapter, thus reducing vibration noise that may be generated as a

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