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
`
`02/11/2022
`
`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)
`
`

`

`
`
`)
`)
`
`) )
`
`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)
`
`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) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220209
`
`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 1/27/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J 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 incorporatedinto 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.
`
`€)
`
`Disposition of Claims*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Claim(s)
`is/are allowed.
`Claim(s
`$) 1-15 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto restriction and/or election requirement
`* 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/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 2
`
`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
`
`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 ofrejection if the prior art relied upon, and
`
`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 —
`
`(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 effectivefiling date of the claimed invention.
`
`Claims 1-11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McDonough
`
`et al. (US 6,120,262 A1, hereinafter “McDonough”).
`
`Regarding claim 1, McDonough discloses a fan device controller including:
`
`an electrical box (col. 8, In. 13: controller 106 fit into a wallbox 118);
`
`an AC voltage input in the electrical box (col. 8, In. 9, see Fig. 2 the AC voltage inputis in the
`
`electrical box (controller 106 in wallbox 118));
`
`an AC voltage outputthatis: in the electrical box (col. 4, In. 20-23: As in typical ceiling fan
`
`implementations, the ceiling fan 112 is mounted to a ceiling 116 and receives standard household AC
`
`

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`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 3
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`power 104 through a pair of wires 117 via a wall box 118) and configured to be in electrical
`
`communication with a fan (col. 8, In. 33-34: The power converter 181 includesfirst and second AC input
`
`terminals ACI, AC2 that are adapted to be coupled to the AC power source 104 powering the ceiling fan
`
`112. A diode 190 is coupled between the first and second AC input terminals ACI, AC2.);
`
`an RF signal interface in the electrical box including an AF signal transmitter configured to be
`
`paired with the fan (col. 4, In. 40-42 and col. 10, in. 4-11: The receiver 122 in the embodiment Hlustrated
`
`is a Standard RE receiver that is configured to receive the standard RF frequency fromthe transmitter
`
`186, may receive infrared as well via the fixed cartraller 166 (wall station/electrical box);
`
`an RF controller in the electrical box configured to control the RF signal interface to send control
`
`signals including one or more commands to the fan {coi. 2, in. 30-32: a fixed controller (wall
`
`station/electrical box} for a ceiling fan includes a transmitter is adapted ta send wireless control signals
`
`from the fixed controller to the ceiling fan; col. 4, in. 9-12: the fixed controler 106 sends contral signals
`
`to control the fan); and
`
`a disconnect switch in the electrical box for disconnecting the AC voltage output from the AC
`
`voltage input when the disconnect switch is switched to a disconnect state from a connect state (col. 5,
`
`In. 3-7, In. 15-16: fan on/off buttens and master on/off switch on the fixed cantrofler: cal, 6, in. 56-59:
`
`activating the fan on/off button causes the fan to turn aff {switched from a disconnect state fram a
`
`connect statel: col. 10, in. 14-16: four position DIP switch corresponds to the DIP switch utilized in the
`
`fined (electrical box) controller).
`
`Regarding claim 2, McDonough discloses the fan device controller of claim 1, further comprising:
`
`a fan control input for turning a fan on oroff (col. 9, In. 17: Switch 220 Fan on/off; and
`
`a light control input for turning a light on or off (col. 9, In. 10: Switch 212 Light on/off).
`
`

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`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 4
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`Regarding claim 3, McDonough discloses the fan device controller of claim 2, further comprising:
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`a light up input coupled to the RF controller (Fig. 3: RF control of the fixed controller 106 as
`
`provided in claim 1, col. 9, In. 13: Switch 216 Up/downlight select and In. 20-23: up light function); and
`
`a light down input coupled to the RF controller (Fig. 3: RF control of the fixed controller 106 as
`
`provided in claim 1, col. 9, In. 13: Switch 216 Up/downlight select and In. 20-23: downlight function).
`
`Regarding claim 4, McDonough discloses the fan device controller of claim 3, further comprising:
`
`a fan speed up input coupled to the RF controller (Fig. 3 and col. 5 In. 10-14: operating buttons
`
`on fixed controller 106 includes fan speed increase button 132); and
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`a fan speed downinput coupled to the RF controller (Fig. 3 and col. 5 In. 10-14: operating
`
`buttons on fixed controller 106 includes fan speed decrease button 133).
`
`Regarding claim 5, McDonough discloses the fan device controller of claim 4, further comprising:
`
`a fan reverse input coupled to the RF controller (col. 4, In. 60-61: in Fig. 3, including a light
`
`on/off button, and there are three buttons located behind the second hinged lid 134 includes a fan/off
`
`button, a fan reverse button and a security function button).
`
`Regarding claim 6, McDonough discloses the fan device controller of claim 5, further comprising:
`
`a DC powersupply connected to the disconnect switch and to the RF controller, the DC power
`
`supply receiving AC power from the disconnect switch and supplying DC power generated from the AC
`
`power to the RF controller (col. 8, In. 17-28: the power converter 180 comprises a half-wave rectifier
`
`that receives Standard house hold 120 volt AC power and converts it to approximately 10 volts DC for
`
`powering the fixed controller 106, the benefit of such is preventing noticeable reduction in fan speed or
`
`light brightness from the reduction of the positive and negative portions of the AC waveform).
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`

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`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 5
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`Regarding claim 7, McDonough discloses the fan device controller of claim 6 wherein switching
`
`the disconnect switch to a disconnect state cuts powerto both the AC output and to the DC power
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`supply thereby cutting power to the fan coupled to the fan device controller and to the RF controller at
`
`the same time (col. 5, In. 16-17: fixed controller includes a master on/off switch 136 that disconnects the
`
`power to power supply).
`
`Regarding claim 8, McDonough discloses the fan device controller of claim 7 wherein:
`
`the RF controller includes a processor (col. 10, In. 14-19); and
`
`the processor is configuredto:
`
`generate commands in responseto input received via one of the inputs included in the
`
`fan device controller (col. 9, In. 28-32); and
`
`control the RF signal interface to transmit the commands in RF signals to the fan (col. 9,
`
`In. 43-45: a transmit antenna 236 for transmitting the control signal to the receiver 122 associated with
`
`the ceiling fan).
`
`Regarding claim 9, McDonough discloses the fan device controller of claim 8 wherein the
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`electrical box is configured to be installed in a wall of a customer premises (abstract: a fixed controller
`
`adaptedto be wall-mounted at user’s premise, and Fig. 2).
`
`Regarding claim 10, McDonough disclosesthe fan device controller af claim 1 wherein:
`
`the fan device controller is a wall contral unit (col. 5, In. 5-10); ane
`
`the RF signal transmitter transmits the control signals as wireless RF control signals incliding the
`
`one or miore cormmands to an RF receiver of the RF signal interface, wherein the RF receiver is hardwired
`
`to the fan (Fig. 9 and col. 11, In. 12-20).
`
`

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`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 6
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`Regarding claim 11, McDonough discloses the fan device controller of claim 1 wherein the RF
`
`interface further includes:
`
`an antenna for transmitting the control signals (col. 9, In. 44); and
`
`an RF receiver(col. 4, in. 40-42 and col. 10, In. 4-11: The receiver 122 in the embodiment
`
`Hlustrated is a standard RF receiver that is configured te receive the standard RF frequency frorn the
`
`transmitter 186).
`
`Regarding claim 13, McDonough claims the fan device controller of claim 1 wherein the RF signal
`
`interface is not a WiFi interface (col. 8, In. 8: infrared).
`
`Claim Rejections - 35 USC § 103
`
`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-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 ofrejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same undereither status.
`
`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, 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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
`
`103 are summarized as follows:
`
`1. Determining the scope and contentsof the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
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`

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`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 7
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`3. Resolving the level of ordinaryskill in the pertinentart.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`This application currently namesjoint inventors. In considering patentability of the claims the
`
`examiner presumesthat the subject matter of the various claims was commonly owned as of the
`
`effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised
`
`of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that
`
`was not commonly ownedas of the effectivefiling date of the later invention in order for the examiner
`
`to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art
`
`against the later invention.
`
`Claims 12, 14 and 15 rejected under 35 U.S.C. 103 as being unpatentable over McDonoghin
`
`view of Suroet al. (US 20130073431 A1, hereinafter “Suro”).
`
`Regarding claim 12, McDonough discloses the fan device controller of claim 1 wherein the RF
`
`signal (col. 8, In. 8: RF wireless medium but not infrared). However, it does not specify the interfaceis a
`
`WiFi interface. However, Suro teaches the interface is a WiFi interface ([0020]).
`
`It would have been obvious to one of ordinary skill in the art, before the effective filing date of
`
`the claimed invention to combine WiFi interface into the wireless design since it is desirable to enabled
`
`to communicate, to a cloud server located in a distance away from the premise via the WiFi interface,
`
`information indicating the operation implemented in response to a command ([0008], [0027], Suro).
`
`Regarding claim 14, McDonough discloses the fan device controller of claim 1; however, it does
`
`not specify further comprising a processor that is configured to transmit fan information to a server.In
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`

`

`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 8
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`analogous art, Suro teaches to transmit fan information to a server ([0027], [0028]). Same motivation as
`
`above.
`
`Regarding claim 15, McDonough discloses the fan device controller of claim 1 wherein the RF
`
`signal interface. However, it does not specify to be paired to a plurality of fans; and transmit a group
`
`command tothe plurality of fans, wherein the plurality of fans perform the same operation in response
`
`to the group command.
`
`In analogous art, Suro teachesto be paired to a plurality of fans ([0060]); and transmit a group
`
`command tothe plurality of fans, wherein the plurality of fans perform the same operation in response
`
`to the group command ([0025], [0006]). Same motivation as above.
`
`Response to Arguments
`
`Applicant's argumentsfiled 1/27/2022 have beenfully considered but they are not persuasive.
`
`The amendedlimitations are disclosed by the prior art of reference. The newly added claims are
`
`disclosed by a combination of the main reference with an analoguesart. Claim 1 contains the controller
`
`being inside of the wallbox and the wallboxis the electrical box that has the AC input and output
`
`connections. See below recitations:
`
`Regarding claim 1, McDonough discloses a fan device controller including:
`
`an electrical box (col. 8, In. 13: controller 106 fit into a wallbox 118);
`
`an AC voltage input in the electrical box (col. 8, In. 9, see Fig. 2 the AC voltage inputis in the
`
`electrical box (controller 106 in wallbox 118));
`
`an AC voltage outputthatis: in the electrical box (col. 4, In. 20-23: As in typical ceiling fan
`
`implementations, the ceiling fan 112 is mountedto a ceiling 116 and receives standard household AC
`
`power 104 through a pair of wires 117 via a wall box 118) and configured to be in electrical
`
`

`

`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 9
`
`communication with a fan (col. 8, In. 33-34: The power converter 181 includesfirst and second AC input
`
`terminals ACI, AC2 that are adapted to be coupled to the AC power source 104 powering the ceiling fan
`
`112. A diode 190 is coupled between the first and second AC input terminals ACI, AC2.);
`
`an RF signal interface in the electrical box including an RF signal transmitter configured to be
`
`paired with the fan {col. 4, in. 40-42 and col. 10, in. 4-11: The receiver 122 in the embodiment Hhustrated
`
`is a Standard RF receiver that is configured ta receive the standard RF frequency fram the tranemitter
`
`186, may receive infrared as well via the fixed comtraller 106 (wall station/electrical bem);
`
`an RF controller in the electrical box configured to control the RF signal interface to send control
`
`signals including one or more commands to the fan coi. 2, in. 30-32: 4 fixed controller (wall
`
`station/electrical box} for a ceiling fan includes a transrnitter is adapted to send wireless control signals
`
`from the fixed controller to the ceiling fan; col. 4, in. 9-12: the fixed controler 106 sends contral signals
`
`to control the fan); and
`
`a disconnect switch in the electrical box for disconnecting the AC voltage output from the AC
`
`voltage input when the disconnect switch is switched to a disconnect state from a connectstate (col. 5,
`
`In. 3-7, In. 15-16: fan on/off buttens and master on/off switch on the fixed cantrofler: cal, 6, in. 56-59:
`
`activating the fan on/off button causes the fan to turn off (switched from a disconnect state from a
`
`conmect state}; col. 16, in. 14-16: four position DIP switch corresponds to the DIP switch utilized in the
`
`fixed (electrical box} controller).
`
`Conclusion
`
`THIS ACTION IS MADEFINAL. Applicant is reminded of the extension of time policy as set forth
`in 37 CFR 1.136(a).
`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 eventa 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 shortened statutory period will expire on the date the advisory
`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
`
`

`

`Application/Control Number: 15/871,047
`Art Unit: 2844
`
`Page 10
`
`In no event, however, will the statutory period for reply expire later than
`date of the advisory action.
`SIX MONTHS from the mailing date of this final action.
`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
`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
`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 https://ppair-
`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto the Private PAIR system, contact
`the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`USPTO CustomerService Representative or access to the automated information system, call 800-786-
`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/MONICA C KING/
`Primary Examiner, Art Unit 2844
`
`2/10/2022
`
`