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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/21/2025 has been entered.
Response to Amendment
The amendments filed 8/21/2025 are entered. The claim objections are withdrawn, but a new one is added.
Information Disclosure Statement
The Examiner notes that the IDS filed 03/03/2022 lists the foreign application WO 2001035511. However, a copy of this reference was not included in the filing, and therefore the reference has not been considered.
Claims 9 and 10 objected to because of the following informalities: claim 9 recites an elbow forming a 22.5 degree turn twice. Additionally, both claims 9 and 10 recite a 45 degree bend and an offset duct section. Appropriate correction is required.
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-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
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 ordinary skill 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 contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over DiMarco (US 20030116213 A1) in view of Christoph (US 906106 A).
Regarding claim 1, DiMarco teaches a heating, ventilation, and air-conditioning (HVAC) duct elbow system (FIG. 1, plenum apparatus 10, which is a jointed duct system) comprising: a [member] (FIG. 1, the plenum apparatus 10) having a rectangular cross section (FIG. 1, the plenum apparatus 10 has a rectangular cross section), said [member] comprising a body (FIG. 2, tier 100) having a top face (FIG. 2, the surface of the tier 100 facing the viewer), a bottom face (FIG. 2, the surface of the tier 100 behind the visible face), a first wall, and a second wall (FIG. 2, the side surfaces of the tier 100), said [member] solely configured to deliver conditioned air (abstract, the assembly is solely used for HVAC purposes); said top face, bottom face, first wall, and second wall forming a hollow structure having a first cross section (FIG. 2, the cross section of the top of the tier 100) and a second cross section (FIG. 2, the cross section of the bottom of the tier 100); said first cross section having a first height and a first width, said first height defined by first edges of said first wall and said second wall (FIG. 2, the height and width of the top cross section of tier 100 is determined by the length of the various walls at the top (including male slides 110)), and said first width defined by first edges of said top face and said bottom face; said second cross section having a second height and a second width, said second height defined by second edges of said first wall and said second wall, and said second width defined by first edges of said top face and said bottom face (FIG. 2, the height and width of the bottom cross section of tier 100 is determined by the length of the various walls at the top (the distance between female guides 114)); wherein said first height is not equal to said second height, and wherein said first width is not equal to said second width (FIG. 2, the height and width of the top of the tier 100 is different than the height and width of the bottom of the tier 100).
DiMarco fails to teach that the [member] is an elbow; wherein said elbow forms a bend twenty-two and a half degrees (22.50); wherein said elbow comprises a first elbow; wherein said first elbow is capable of joining a second said elbow, thereby forming a bend of forty-five degrees (450); wherein said first elbow is capable of joining said second said elbow, a third said elbow, and a fourth said elbow, thereby forming a bend of ninety degrees (90); and wherein said first elbow is capable of joining said second elbow to form an offset duct section and said first elbow, said second elbow, said third elbow, and said forth elbow being uniform such that the second elbow can be nested within said first elbow, said third elbow can be nested into said second elbow, and said fourth elbow can be nested into said third elbow to form a compact, stored orientation thereof for storage and transportation purposes.
However, Christoph teaches that the [member] is an elbow (FIG. 1, elbow portion 13a); wherein said elbow comprises a first elbow (FIG. 1, the first joint of the elbow portion 13a); wherein said first elbow is capable of joining a second said elbow (FIG. 1, the second joint of the elbow portion 13a, which is joined to the first joint); wherein said first elbow is capable of joining said second said elbow, a third said elbow, and a fourth said elbow (FIG. 1, the third and fourth joints of the elbow portion 13a), thereby forming a bend of ninety degrees (90) (FIG. 1, at least four joints come together to make a 90 degree turn); and wherein said first elbow is capable of joining said second elbow to form an offset duct section (FIG. 1, the volume surrounding the joints of elbow section 13a forms a place where each section of the duct is somewhat offset from all the others) and said first elbow, said second elbow, said third elbow, and said forth elbow being uniform such that the second elbow can be nested within said first elbow, said third elbow can be nested into said second elbow, and said fourth elbow can be nested into said third elbow to form a compact, stored orientation thereof for storage and transportation purposes (FIG. 1, elbow portions 13a extend at least partially into one another, allowing them to enter a more compact configuration when pieced together, and taking up less space during, e.g., transportation).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of DiMarco by tiers bendable to as to form turns in the duct, as taught by Christoph, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified DiMarco with these aforementioned teachings of Cristoph with the motivation of allowing the system to adjust itself to spaces requiring turning.
Christoph fails to teach that said elbow forms a bend twenty-two and a half degrees (22.50); wherein joining the first said elbow to the second said elbow thereby forms a bend of forty-five degrees (45).
However, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to make different combination of the portions 13a of Christoph form turns of 22.5 or 45 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art (Christoph shows portions that bend at an angle between 0 and 90 degrees), discovering the optimum or workable ranges involves (MPEP 2144.05 II. A) only routine skill in the art.
In addition, it is observed that the angle that a portion bends at is a result effective variable because it determines the number of portions needed for a regular 90 degree bend, which in turn affects turbulence and noise. It would have been obvious to one of ordinary skill in the art at the time the invention was made to make different combination of the portions 13a of Christoph form turns of 22.5 or 45 degrees, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)).
Regarding claim 2, the combination of DiMarco and Christoph teaches a first said elbow and a second said elbow connected such that said second face of the first said elbow faces said second face of the second said elbow (Christoph, FIG. 1, the portions 13a are connected as such).
Regarding claim 3, the combination of DiMarco and Christoph teaches said second cross section of the first said elbow faces said second cross section of the second said elbow; said first cross section of the second said elbow faces said first cross section of the third said elbow; said second cross section of the third said elbow faces said cross section face of the fourth said elbow (Christoph, FIG. 1, the portions 13a are connected as such).
Regarding claim 4, the combination of DiMarco and Christoph teaches the first said elbow and a second said elbow connected such that said second cross section of the first said elbow faces said second cross section of the second said elbow (Christoph, FIG. 1, the portions 13a are connected as such).
Regarding claim 5, DiMarco teaches a method of forming a joint in a duct network (FIG. 1, the method of assembly for plenum apparatus 10, which is a jointed duct system), the method comprising the steps: providing a [member] (FIG. 1, the plenum apparatus 10) having a rectangular cross section (FIG. 1, the plenum apparatus 10 has a rectangular cross section), said elbow comprising a top face (FIG. 2, the surface of the tier 100 facing the viewer), a bottom face (FIG. 2, the surface of the tier 100 behind the visible face), a first wall, and a second wall (FIG. 2, the side surfaces of the tier 100), wherein said elbow solely configured to deliver conditioned air (abstract, the assembly is solely used for HVAC purposes); wherein said top face, bottom face, first wall, and second wall forming a hollow structure having a first cross section (FIG. 2, the cross section of the top of the tier 100) and a second cross section (FIG. 2, the cross section of the bottom of the tier 100); wherein said first cross section having a first height and a first width, said first height defined by first edges of said first wall and said second wall (FIG. 2, the height and width of the top cross section of tier 100 is determined by the length of the various walls at the top (including male slides 110)), and said first width defined by first edges of said top face and said bottom face; wherein said second cross section having a second height and a second width, said second height defined by second edges of said first wall and said second wall, and said second width defined by first edges of said top face and said bottom face (FIG. 2, the height and width of the bottom cross section of tier 100 is determined by the length of the various walls at the top (the distance between female guides 114)); wherein said first height is not equal to said second height, and wherein said first width is not equal to said second width (FIG. 2, the height and width of the top of the tier 100 is different than the height and width of the bottom of the tier 100).
DiMarco fails to teach that the [member] is an elbow; wherein said elbow forms a bend twenty-two and a half degrees (22.50); wherein said elbow comprises a first elbow; wherein said first elbow is capable of joining a second said elbow, thereby forming a bend of forty-five degrees (450); wherein said first elbow is capable of joining said second said elbow, a third said elbow, and a fourth said elbow, thereby forming a bend of ninety degrees (90); and wherein said first elbow is capable of joining said second elbow to form an offset duct section and wherein each of said first, second, third, and fourth elbows are uniform such that said second elbow is capable of nesting within said first elbow, said third elbow is capable of nesting inside said second elbow, and fourth elbow is capable of nesting inside said third elbow, thereby forming a nested arrangement of said first, second, third, and fourth elbows configured for storage and transportation.
However, Christoph teaches that the [member] is an elbow (FIG. 1, elbow portion 13a); wherein said elbow comprises a first elbow (FIG. 1, the first joint of the elbow portion 13a); wherein said first elbow is capable of joining a second said elbow (FIG. 1, the second joint of the elbow portion 13a, which is joined to the first joint); wherein said first elbow is capable of joining said second said elbow, a third said elbow, and a fourth said elbow (FIG. 1, the third and fourth joints of the elbow portion 13a), thereby forming a bend of ninety degrees (90) (FIG. 1, at least four joints come together to make a 90 degree turn); and wherein said first elbow is capable of joining said second elbow to form an offset duct section (FIG. 1, the volume surrounding the joints of elbow section 13a forms a place where each section of the duct is somewhat offset from all the others) and wherein each of said first, second, third, and fourth elbows are uniform such that said second elbow is capable of nesting within said first elbow, said third elbow is capable of nesting inside said second elbow, and fourth elbow is capable of nesting inside said third elbow, thereby forming a nested arrangement of said first, second, third, and fourth elbows configured for storage and transportation (FIG. 1, elbow portions 13a extend at least partially into one another, allowing them to enter a more compact configuration when pieced together, and taking up less space during, e.g., transportation).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of DiMarco by tiers bendable to as to form turns in the duct, as taught by Christoph, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified DiMarco with these aforementioned teachings of Cristoph with the motivation of allowing the system to adjust itself to spaces requiring turning.
Christoph fails to teach that said elbow forms a bend twenty-two and a half degrees (22.50); wherein joining the first said elbow to the second said elbow thereby forms a bend of forty-five degrees (45).
However, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to make different combination of the portions 13a of Christoph form turns of 22.5 or 45 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art (Christoph shows portions that bend at an angle between 0 and 90 degrees), discovering the optimum or workable ranges involves (MPEP 2144.05 II. A) only routine skill in the art.
In addition, it is observed that the angle that a portion bends at is a result effective variable because it determines the number of portions needed for a regular 90 degree bend, which in turn affects turbulence and noise. It would have been obvious to one of ordinary skill in the art at the time the invention was made to make different combination of the portions 13a of Christoph form turns of 22.5 or 45 degrees, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)).
Regarding claim 6, the combination of DiMarco and Christoph teaches providing a second said elbow; connecting said second cross section of the first elbow to said second cross section of said first elbow (Christoph, FIG. 1, the portions 13a are connected as such); and; connecting said first face of the second elbow to a second piece of duct work (Cristoph, FIG. 1, duct 14).
Regarding claim 7, the combination of DiMarco and Christoph teaches connecting said second cross section of the first said elbow to said second cross section of the first said elbow; connecting said first cross section of the second said elbow to said first cross section of the third said elbow; connecting said second cross section of the third said elbow to said second cross section of the fourth said elbow (Christoph, FIG. 1, the portions 13a are connected as such); connecting said first face of the fourth said elbow to a second piece of duct work (Cristoph, FIG. 1, duct 14).
Regarding claim 8, the combination of DiMarco and Christoph teaches connecting said second cross section of the first elbow to said second cross section of said first elbow (Christoph, FIG. 1, the portions 13a are connected as such); and; connecting said first cross section of the second elbow to a second piece of duct work (Cristoph, FIG. 1, duct 14).
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Advanced (“Duct Leakage: Advanced Home Energy: Richmond, CA.” Advanced Home Energy | Richmond, CA, Sept. 2014, http://advancedhomeenergy.com/articles/duct-leakage/.) in view of Christoph and DiMarco.
Regarding claim 9, Advanced teaches a heating, ventilation, and air-conditioning (HVAC) duct system (the system shown in FIG. A below) comprising: a unitary duct element having a rectangular cross section, said unitary duct element comprising a uniform width, a uniform height, and a uniform length, said unitary duct element solely configured to deliver conditioned air (the central duct of FIG. A, which has uniform height and width, and which deals air that is or will be conditioned (e.g., heated, cooled, filtered, exhausted, etc.)); said unitary duct element comprising at least one takeoff (the takeoffs coming off of the central duct of FIG. A); each of said takeoffs configured for connecting air supply ducts to diffusers configured for providing conditioned air into a space (air is provided via diffusers in FIG. A).
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FIG. A
Advanced fails to teach at least one elbow comprising a body having a top face, a bottom face, a first wall, and a second wall; said top face, bottom face, first wall, and second wall forming a hollow structure having a first cross section and a second cross section; said first cross section having a first height and a first width, said first height defined by first edges of said first wall and said second wall, and said first width defined by first edges of said top face and said bottom face; said second cross section having a second height and a second width, said second height defined by second edges of said first wall and said second wall, and said second width defined by first edges of said top face and said bottom face; wherein said first height is not equal to said second height, and wherein said first width is not equal to said second width; wherein said elbow forms a bend twenty-two and a half degrees (22.50); the first face of said elbow connected with said unitary duct element; and said second face of said elbow connected to a piece of duct wherein each said at least one elbow forms a bend twenty-two and a half degrees (22.5°); wherein said at least one elbow comprises a first elbow, a second elbow, a third elbow, and a fourth elbow; wherein said first elbow is capable of joining a second said elbow, thereby forming a bend of forty-five degrees (45°);wherein said first elbow is capable of joining said second elbow, said third elbow, and said fourth elbow, thereby forming a bend of ninety degrees (90);wherein said first elbow is capable of joining said second elbow to form an offset duct section; and said first elbow, said second elbow, said third elbow, and said forth elbow being uniform such that the second elbow can be nested within said first elbow, said third elbow can be nested into said second elbow, and said fourth elbow can be nested into said third elbow to form a compact, stored orientation thereof for storage and transportation purposes.
However, Cristoph teaches at least one elbow (FIG. 1, elbow portion 13a) comprising a body having a top [portion] (FIG. 1, the width of the top of the elbow portion 13a as seen from above), a bottom [portion] (FIG. 1, the width of the bottom of the elbow portion 13a as seen from above), a first [portion] (FIG. 1, the width of the left side of the elbow portion 13a as seen from above), and a second [portion] (FIG. 1, the width of the right of the elbow portion 13a as seen from above); said top [portion], bottom [portion], first [portion], and second [portion]forming a hollow structure (FIG. 1, the hollow structure of the elbow portion 13a) having a first cross section (FIG. 1, the cross section of the front portion of the elbow portion 13a) and a second cross section (FIG. 1, the cross section of the rear portion of the elbow portion 13a); said first cross section having a first height and a first width (FIG. 1, the height and width of the front portion of the elbow portion 13a), said first height defined by first edges of said first [portion] and said second [portion], and said first width defined by first edges of said top [portion] and said bottom [portion]; said second cross section having a second height and a second width (FIG. 1, the height and width of the front portion of the elbow portion 13a), said second height defined by second edges of said first [portion]and said second [portion], and said second width defined by first edges of said top [portion]and said bottom [portion]; wherein said first height is not equal to said second height, and wherein said first width is not equal to said second width (FIG. 1, the height and width of the front portion of the elbow portion 13a are not equal to the respective height and width of the rear portion of the elbow portion 13a); the first face of said elbow connected with said unitary duct element; and said second face of said elbow connected to a piece of duct (FIG. 1, the elbow portion 13a connects to duct 12); wherein said at least one elbow comprises a first elbow, a second elbow, a third elbow, and a fourth elbow (FIG. 1, elbow portions 13a); wherein said first elbow is capable of joining said second elbow, said third elbow, and said fourth elbow, thereby forming a bend of ninety degrees (90) (FIG. 1, at least four joints come together to make a 90 degree turn); wherein said first elbow is capable of joining said second elbow to form an offset duct section (FIG. 1, the volume surrounding the joints of elbow section 13a forms a place where each section of the duct is somewhat offset from all the others); and said first elbow, said second elbow, said third elbow, and said forth elbow being uniform such that the second elbow can be nested within said first elbow, said third elbow can be nested into said second elbow, and said fourth elbow can be nested into said third elbow to form a compact, stored orientation thereof for storage and transportation purposes (FIG. 1, elbow portions 13a extend at least partially into one another, allowing them to enter a more compact configuration when pieced together, and taking up less space during, e.g., transportation).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Advanced by using the elbows 13 of Christoph for any right turns in the duct system, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Advanced with these aforementioned teachings of Christoph with the motivation of reducing turbulence and noise.
Christoph fails to teach that the top [portion], bottom [portion], first [portion], and second [portion], are a top face, a bottom face, a first wall, and a second wall, respectively; wherein said elbow forms a bend twenty-two and a half degrees (22.5).
However, DiMarco teaches that the top, bottom, first [portion], and second [portion], are a top face (FIG. 1, the top surface of tier 100), a bottom face (FIG. 1, the bottom surface of tier 100), a first wall (FIG. 1, the left surface of tier 100), and a second wall (FIG. 1, the right surface of tier 100), respectively.
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Christoph by making the elbow 13 out of square elements, as taught by DiMarco, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Christoph with these aforementioned teachings of DiMarco with the motivation of allowing the system to work with square ducting without a shape-change causing turbulence.
Dimarco fails to teach that said elbow forms a bend twenty-two and a half degrees (22.50); wherein joining the first said elbow to the second said elbow thereby forms a bend of forty-five degrees (45).
However, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to make different combination of the portions 13a of Christoph form turns of 22.5 or 45 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art (Christoph shows portions that bend at an angle between 0 and 90 degrees), discovering the optimum or workable ranges involves (MPEP 2144.05 II. A) only routine skill in the art.
In addition, it is observed that the angle that a portion bends at is a result effective variable because it determines the number of portions needed for a regular 90 degree bend, which in turn affects turbulence and noise. It would have been obvious to one of ordinary skill in the art at the time the invention was made to make different combination of the portions 13a of Christoph form turns of 22.5 or 45 degrees, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)).
Regarding claim 10, the combination of Advanced, Christoph, and Dimarco teaches that said unitary duct element, said at least one elbow, and said piece of duct form a joint selected from the list comprising: a ninety- degree (90) bend (Christoph, FIG. 1, the 90 degree bend between ducts 12 and 14); a forty-five (450) degree bend; and an offset duct section (Cristoph, FIG. 1, the volume surrounding the joints of elbow section 13a forms a place where each section of the duct is somewhat offset from all the others).
Response to Arguments
Applicant's arguments filed 8/21/2025 have been fully considered but they are not persuasive. On pages 7 and 8 of the remarks the Applicant argues that the cited references do not teach nesting elbow joints. However, the Examiner notes that the elbow portions of Christoph are indeed nestable, being able to rest in one another in a compacted state. Merriam-Webster defined nest (verb) as “to fit compactly together or within one another.” (“Nest.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/nest. Accessed 27 Aug. 2025.) As shown in FIG. 1 of Christoph, the elbow portions 13 a each fit at least partially into one another. Employing broadest reasonable interpretation, the reference teaches nested elbow joints.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C. WEINERT whose telephone number is (571)272-6988. The examiner can normally be reached 9:00-5:00 ET.
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/WILLIAM C WEINERT/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762