UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`15/871,047
`
`01/14/2018
`
`Eric Stefankiewicz
`
`WAC-10APP2
`
`9271
`
`Weiss & Arons LLP
`63 South Main Street
`Spring Valley, NY 10977
`
`KING, MONICA C
`
`2844
`
`04/28/2021
`
`PAPER
`
`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.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-11 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11) The drawing(s) filed on
`is/are: a)(¥} accepted or b)(_) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) ([] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
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`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210424
`
`Application No.
`Applicant(s)
`15/87 1,047
`Stefankiewicz etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MONICA C KING
`2844
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 3/18/2019.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
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`and 103 (or as subject to pre-AlA 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
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`the rationale supporting the rejection, would be the same undereither status.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis
`
`for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
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`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale
`or otherwise available to the public before the effective filing date of the claimed invention.
`
`Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Steiner (US
`
`20070110192 A1, hereinafter “Steiner”).
`
`Regarding claim 1, Steiner discloses a fan device controller including:
`
`an electrical box ([0048] In the system 100 of FIG. 2, it is desirable to provide substantially the
`
`full AC voltage from the AC voltage source 102 to the light/motor control unit 105 for operation of the
`
`fan motor 106 and the lighting load 108. Since the wallstations 104 are in series electrical connection,it
`
`is desirable to minimize the voltage drop across each wallstation 104. Thus,it is not desirable to develop
`
`a significant voltage across each of the wallstations 104 in order to charge an internal power supply to
`
`

`

`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 3
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`power the low-voltage circuitry of the wallstation; [0049] A simplified block diagram of the wallstation
`
`104 is shownin FIG. 3. A power supply 110 is provided in series betweena first electrical terminal H1
`
`and a second electrical terminal H2);
`
`an AC voltage input in the electrical box ([0047], 102);
`
`an AC output in the electrical box in electrical cormmunication with a fan ([0009]);
`
`an RF sienal interface in the electrical box including an RF signal transmitter configured to
`
`transmit commands to the fan ([0006]: The fan motor 16 and the lighting load 18 are connectedin
`
`parallel such that when switch 12 is closed, the fan motor 16 and the lighting load 18 will both be on;
`
`[0097], [0098]: The remote control 420 comprises a plurality of actuators: an on button 422, a preset
`
`button 424, and an off button 426. The remote control 420 transmits messages via RF signals 406 to the
`
`dimmer switch 410 in response to actuations of the on button 422, the preset button 424, and the off
`
`button 426. Preferably, a message transmitted by the remote control 420 includes a serial number
`
`associated with the remote control and a command (e.g., on, off, or preset));
`
`an RF signal interface including an RF signal transmitter configured to transrnit commands to the
`
`fan ([0098]-[0100]; [0006): It is often desirable to include a lamp and a fan motor in a single enclosure.
`
`Since the lamp and the fan motor are often wired in parallel, the lamp and the fan motor are generally
`
`controlled together from a switch located remotely from the lamp and the motor); and
`
`a disconnect switch in the electrical box for disconnecting the AC output from the AC voltage
`
`input when the disconnect switch is switched to a disconnect state from a connect state ([0011]; [0098]:
`
`the remote control 420 includes a serial number associated with the remote control and a command
`
`(e.g., on, off, or preset)).
`
`Regarding claim 2, Steiner discloses the fan device controller of claim 1, further comprising: a
`
`fan control input for turning a fan on or off; and a light control input for turning a light on or off ([0058]).
`
`

`

`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 4
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`Regarding claim 3, Steiner discloses the fan device controller of claim 2, further comprising: a
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`light up input coupled to the RF controller; and a light down input coupled to the RF controller ({O060]).
`
`Regarding claim 4, Steiner discloses the fan device controller of claim 3, further comprising: a
`
`fan speed up input coupled to the RF controller; and a fan speed downinput coupled to the RF
`
`controller ([0053]).
`
`Regarding claim 5, Steiner discloses the fan device controller of claim 4, further comprising: a
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`fan reverse input coupled to the RF controller ([0053]).
`
`Regarding claim 6, Steiner discloses the fan device controller of claim 5, further comprising: a DC
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`power supply connectedto the disconnect switch and to the RF controller, the DC power supply
`
`receiving AC powerfrom the disconnect switch and supplying DC power generated from the AC power
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`to the RF controller ([0097]).
`
`Regarding claim 7, Steiner discloses the fan device controller of claim 6 wherein switching the
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`disconnect switch to a disconnect state cuts power to both the AC output and to the DC power supply
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`thereby cutting power to a fan device coupled to the fan device controller and to the RF controller at the
`
`same time ([0108]).
`
`Regarding claim 8, Steiner discloses the fan device controller of claim 7 wherein the RF
`
`controller includes a processor ([0050]); and wherein the processor is configured to: generate
`
`commands in responseto input received via one of the inputs included in the fan device controller
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`

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`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 5
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`([0104], [0109]); and control the RF interface to transmit the commands in RF signals to the fan device
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`([0046]).
`
`Regarding claim 9, Steiner discloses the fan device controller of claim 8 wherein the electrical
`
`box configured to be installed in a wall of a customer premises ([0011]).
`
`Regarding claim 10, Steiner discloses the fan device controler is a wall contral unit ((0007]); and
`
`the RF signal transmitter transmits the contral signals as wireless RF control signals inchiding the one or
`
`more cormmands to an RF receiver of the RF signal interface, wherein the RF receiver is hardwired to the
`
`fan ([0049], [0055]).
`
`Regarding claim 11, Steiner discloses the fan device controller of claim 1 wherein the RF
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`interface of the fan device controller further includes: an antenna for transmitting the control signals;
`
`and an RF receiver ([0102], [0104]).
`
`Response to Arguments
`
`Applicant's argumentsfiled 3/18/2021 have been fully considered but they are not persuasive.
`
`Regarding claim 1, Steiner discloses a fan device controller including:
`
`an electrical box ([0048] In the system 100 of FIG. 2, it is desirable to provide substantially the
`
`full AC voltage from the AC voltage source 102 to the light/motor control unit 105 for operation of the
`
`fan motor 106 and the lighting load 108. Since the wallstations 104 are in series electrical connection,it
`
`is desirable to minimize the voltage drop across each wallstation 104. Thus, it is not desirable to develop
`
`a significant voltage across each of the wallstations 104 in order to charge an internal powersupply to
`
`power the low-voltage circuitry of the wallstation; [0049] A simplified block diagram of the wallstation
`
`

`

`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 6
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`104 is shownin FIG. 3. A power supply 110 is provided in series betweena first electrical terminal H1
`
`and a second electrical terminal H2);
`
`an AC voltage input in the electrical box ([0047], 102);
`
`an AC output in the electrical box in electrical communication with a fan ([0009]);
`
`an RF signal interface in the electrical box including an RF signal transmitter configured to
`
`transmit commands ta the fan ([(0006]: The fan motor 16 and the lighting load 18 are connectedin
`
`parallel such that when switch 12 is closed, the fan motor 16 and the lighting load 18 will both be on;
`
`[0097], [0098]: The remote control 420 comprises a plurality of actuators: an on button 422, a preset
`
`button 424, and an off button 426. The remote control 420 transmits messages via RF signals 406 to the
`
`dimmer switch 410 in response to actuations of the on button 422, the preset button 424, and the off
`
`button 426. Preferably, a message transmitted by the remote control 420 includes a serial number
`
`associated with the remote control and a command (e.g., on, off, or preset));
`
`an RF signal interface including an RF signal transmitter configured to transmit commands to the
`
`fan ([0098]-[0100]; [0006]: It is often desirable to include a lamp and a fan motor in a single enclosure.
`
`Since the lamp and the fan motor are often wired in parallel, the lamp and the fan motor are generally
`
`controlled together from a switch located remotely from the lamp and the motor); and
`
`a disconnect switch in the electrical box for disconnecting the AC output from the AC voltage
`
`input when the disconnect switch is switched to a disconnect state from a connect state ([0011]; [0098]:
`
`the remote control 420 includes a serial number associated with the remote control and a command
`
`(e.g., on, off, or preset)).
`
`For at least forgoing reasons,all rejections are maintained.
`
`

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`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 7
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to MONICA C KING whosetelephone number is (571)270-3429. The examiner can
`
`normally be reached on Mon-Fri.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO AutomatedInterview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Amy Johnson can be reached on (571) 272-2238. The fax phone numberfor the organization wherethis
`
`application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained
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`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
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`through Private PAIR only. For more information about the PAIR system, see https://ppair-
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`the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO CustomerService Representative or access to the automated information system, call 800-786-
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`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/MONICA C KING/
`Primary Examiner, Art Unit 2844
`
`4/21/2021
`
`