Uponentry of the foregoing amendments, claims 1-15 will be pending in this application.
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`REMARKS
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`I
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`Summaryof the Office Action
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`The Examinerrejected claims 1-11 under 35 U.S.C. §102 as allegedly being anticipated
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`by McDonoughet al. U.S. Patent No. 6,120,262 (hereinafter “McDonough’’).
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`I.
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`Summary of Applicant’s Reply
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`Applicant has amended claims 1 and7.
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`Applicant has added new claims 12-15.
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`Applicant has traversed the rejections of claims 1-11.
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`Ill.
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`Applicant’s Reply to the Rejections under 35 U.S.C. § 102
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`The Examinerrejected claims 1-11 under 35 U.S.C. § 102 as allegedly being anticipated
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`by McDonough. Office action, pg. 2.
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`A.
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`An AC outputin an electrical box
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`The Examinerstated that McDonoughdiscloses a fan device controller that includes an
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`AC outputin an electrical box ([McDonough] col. 8, In. 33-34). Office action at 2.
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`Applicant disagrees.
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`McDonoughFIG. 2 shows that McDonough AC powersource 104 (See, e.g.,
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`McDonough,col. 8, 1n.33) is outside McDonough wall box 118. McDonough powerconverter
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`181, which is described by McDonoughcol. 8, In. 33-34, and shown in McDonoughFIG.7
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`receives AC power from McDonough power source 104 and convertsit to first and second DC
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`output terminals Vad and Vss. See, e.g., McDonough,col. 8, In. 41-43. The McDonoughfirst
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`and second DC output terminals are DC output terminals, not AC output terminals. McDonough
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`wall box 118, therefore, does not include an AC outputin an electrical box. McDonough does
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`not disclose an AC outputin an electrical box.
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`Applicant submits that McDonoughdoesnotteach the claimed an AC outputin an
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`electrical box, and for at least this reason does not anticipate either the previous or amended
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`version of claim 1.
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`

`

`A disconnect switch in the electrical boxfor disconnecting the AC outputfrom
`B.
`the AC voltage input
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`The Examinerstated that McDonoughdiscloses a fan device controller that includes a
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`disconnect switch in the electrical boxfor disconnecting the AC outputfrom the AC voltage
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`input ([McDonough]col. 5, In. 3-7; col., 6 In. 56-59; col. 10, In. 14-16). Office action at 3.
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`Applicant disagrees.
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`Asset forth above, McDonough wall box 118 does not have an AC output. McDonough
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`wall box 118, therefore, does not have an AC output that can be disconnected by a switch from
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`an AC voltage input. Therefore, McDonoughdoesnotdisclose a disconnect switch in the
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`electrical boxfor disconnecting an AC outputfrom an AC voltage input.
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`Applicant submits, therefore, that McDonoughdoes notteach the claimed disconnect
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`switch, and for at least this reason does notanticipate claim 1.
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`Also, applicant points out that while McDonough ON/OFFswitch 220 (e.g, FIG. 8; col.
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`9, In. 18) is part of interface 182 (e.g, col. 8, In. 62-63), whichis part of fixed controller 106 (e.g,
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`FIG. 6), switch 220, like all of the McDonoughfixed controller switches, communicates by RF
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`to the McDonoughfan. See, e.g., McDonough FIG.8 (showing fixed controller buttons 211-
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`221, all of which feed information to control 230 and encoder 184 for transmission by transmitter
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`186 to the McDonoughfan). None of the McDonoughswitchesis a switch that disconnects the
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`fan from an AC voltage output in the box.
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`The foregoingis true forall of the McDonoughfeatures that the Examinerrelied upon,
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`including the "four position DIP switch [244]" that the Examinerstated is in the McDonough
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`"fixed (electrical box) controller." Office action at 3. DIP switch 244is part of the RF
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`communication between a McDonoughcontroller and the McDonoughfan. See, e.g.,
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`McDonough,FIG.9; col. 10, In. 12-24). And, in any event, McDonough DIP switch 244is
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`located at the fan in control unit 123. See, e.g., McDonough,col. 9, In. 66-67.
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`For these reasons, too, McDonough doesnot teach the claimed disconnect switch, and
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`does not anticipate claim 1.
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`Forat least the foregoing reasons, applicant respectfully submits that independent
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`claim 1, and the claims that depend therefrom, including new claims 12-15, are patentable over
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`

`

`McDonough. Applicant respectfully requests that the rejections of claims 1-11 under 35 U.S.C.
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`§ 102 be withdrawn.
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`Absence ofa reply to a specific rejection, issue or comment does not signify applicant’s
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`agreement. Absence of an argumentdoes not signify waiver of the argument. Further,
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`amendmentof any claim is not a concession of unpatentability of the claim prior to the
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`amendment.
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`IV.
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`Amendments
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`Applicant has amended claim 1 to recite an AC voltage outputthatis:
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`in the electrical box; and
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`configured to be in electrical communication with a fan.
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`Applicant has amended claim 1 to recite an RF signal transmitter configured to be paired
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`with the fan.
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`Applicant has made a conforming amendmentof claim 7.
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`Applicantasserts that the amendmentsare notrelated to patentability.
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`V.
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`New Claims
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`Applicant has added new claims 12-15, which are directed to inventive subject matter.
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`VI.
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`Conclusion
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`Applicant respectfully awaits a prompt and favorable response to this Reply. The
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`

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`Director is hereby authorized to charge any additional fees that may be due in connection with
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`this paper, or to refund any overpayments, to Deposit Account No. 50-4650.
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`Respectfully submitted,
`
`/Edward M. Arons/
`Edward M. Arons
`Reg. No. 44,511
`Attorney for Applicant
`WEISS & ARONS LLP
`Customer No. 72,822
`63 South Main Street
`Spring Valley, New York 10977
`Tel.: (845) 362-6100
`
`Date: January 27, 2022
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`