Patent Application 17813727 - Volume Damper Insert

Title: Volume Damper Insert

Application Information

Invention Title: Volume Damper Insert
Application Number: 17813727
Submission Date: 2025-04-08T00:00:00.000Z
Effective Filing Date: 2022-07-20T00:00:00.000Z
Filing Date: 2022-07-20T00:00:00.000Z
National Class: 251
National Sub-Class: 090000
Examiner Employee Number: 84572
Art Unit: 3753
Tech Center: 3700

Rejection Summary

102 Rejections: 1
103 Rejections: 2

Cited Patents

No patents were cited in this rejection.

Office Action Text

Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .

Claims 1-20 have been cancelled. New claims 21-31 will be treated on the merits.

Claim Objections
Claim 21 is objected to because of the following informalities: the phrase “the damper; blade” should read --the damper blade--. Appropriate correction is required.

Claim Rejections - 35 USC § 112
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.

The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.

Claims 23 and 25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 23 introduces a spacer, which has already been introduced in claim 21. It cannot be determined how many spacers are required. Also in claim 23, there is insufficient antecedent basis for “the profiled bracket”.
In claim 25, there is insufficient antecedent basis for “the profiled bracket”, and it is therefore unclear from which claim this claim should depend.

Claim Rejections - 35 USC § 102 and 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.

Claims 21-29 (23 and 25 as understood) is/are rejected under 35 U.S.C. 102(a1/a2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Heasley (US 2,146,142).

Regarding claim 21, Heasley discloses a volume damper insert assembly comprising:
(a) a damper blade (4);
(b) a damper holder (16, 17) configured to engage a lower portion of the damper blade (the portion of 4 engaged by 16 could be considered a lower portion of 4 if the assembly of FIG 1 is rotated ¼ turn clockwise in the plane of the page); and
(c) a locking mechanism (18, 19, 24) configured to secure a rotational position of the damper; blade within an air supply boot, a pipe, or a duct (the locking mechanism is so capable), wherein the locking mechanism comprises a disc washer (18), a spacer (19), and a nut (24) engaging a threaded portion (the threaded portion of 17) of the damper holder, and wherein the damper holder comprises a threaded lower portion (17, which is a lower portion when the assembly of FIG 1 is rotated ¼ turn clockwise as explained above) configured to engage the nut (as shown in FIG 2), allowing for adjustment of the damper blade’s rotational position (p. 1, col. 1, lines 6-7).

Alternatively, should it be determined that the term “lower” is not met by Heasley, it would have been obvious to one of ordinary skill in the art before the effective filing date rotate the assembly of FIG 1 ¼ turn clockwise, such that the handle 22 can be reached from underneath, for example where the furnace hot air pipe 3 is desired to be located overhead. This is also seen as obvious since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.

22. The volume damper insert assembly of claim 21, wherein the locking mechanism further comprises a profiled bracket (20) configured to house the disc washer (in combination with element 2, bracket 20 houses washer 18 in/at the duct) and allow the threaded (of 17) portion of the damper holder to pass through, thereby enabling the nut to compress the disc washer and secure the damper blade’s position (as nut 17 is tightened, 18 compresses against 2).

23. The volume damper insert assembly of claim 21, wherein a spacer (as understood, 19) is positioned between the nut (24) and the profiled bracket (20) to prevent metal-to-metal contact, thereby maintaining the integrity of the locking mechanism (as understood, 19 prevents contact of 24 with 20 and/or 2).

24. The volume damper insert assembly of claim 21, wherein the locking mechanism is configured into be installed internally to the air supply boot, pipe, or duct (it is so capable, for example a larger duct could surround the assembly of FIG 1), allowing for manual adjustment of the damper blade’s rotational position (using an access opening in the larger duct).

25. The volume damper insert assembly of claim 21, wherein the profiled bracket is provisioned with holes or dimples for fasteners (the holes through which screws 21 pass), to ease the installation of the volume damper insert and comprises a cavity (through which 17 extends) to house the disc washer (intent met in that, by operation of 17, bracket 20 houses the disk washer in combination with member 2, inside of the duct).

26. The volume damper insert assembly of claim 21, wherein the locking mechanism is configured to prevent unintended movement or rotation of the damper blade due to operational stresses or vibration (it is “held in any position to which it may be turned”).

27. The volume damper insert assembly of claim 21, wherein
the disc washer is compressed upon tightening of the nut, developing a tension that
opposes the rotation of the damper holder, thereby securely locking its position (tightening of nut 24 compresses 18 against housing 2).

28. The volume damper insert assembly of claim 21, wherein the damper holder is affixed to the damper blade by means of rivets, welding, or other secure mechanical means (page 2, col. 2 lines 3-7).

29. The volume damper insert assembly of claim 21, wherein
the locking mechanism allows for the adjustment of the damper blade’s rotational
position by manipulating the nut externally (see FIG 1, the nut 24 could be manipulated externally of the duct) or damper blade internally through the air supply boot, pipe, or duct (this is seen as an alternative limitation that is not positively required of the claim).

Claim(s) 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heasley.

Heasley discloses a profiled bracket (20) affixed to a wall of the duct, but does not disclose the use of adhesive tape or thread locking adhesive as claimed. However the use of adhesive tape and thread-locking adhesive were well-known in the art before the effective filing date and it would have been obvious to use adhesive tape and thread-locking adhesive in order to quickly attach Heasley’s bracket to the duct awall and prevent loosening of the nut, respectively.

Response to Arguments
Applicant's arguments filed 2/14/25 have been fully considered but they are not persuasive. As Heasely’s nut 24 is tightened, it pulls the washer 18 into compression against the wall 2 of the duct, thereby establishing a level of frictional resistance to rotation of the damper blade.

Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 event a 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than 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 WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews 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 Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.

/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
4/7/25