DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
The status of the claims as filed in the submission dated 7/30/2025 are as follows:
Claims 2 and 15 are cancelled by the applicant;
Claims 1, 3-14, and 16-20 are pending and are being examined.
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-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 the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1, 3-14, and 16-20 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Chieregatti (US2932956, as cited in the IDS).
Re Claim 1. Chieregatti teaches an induction displacement unit of a heating, ventilation, and/or air conditioning (HVAC) system, the induction displacement unit comprising (Figures 1-3):
a housing (9) having a side (top of 9 in Figure 3) extending in a horizontal direction and a discharge outlet (13) formed in the side (Figures 1-3; Column 3 lines 36-62; The top surface extends in a horizontal direction);
a discharge plenum (5) formed in the housing and communicatively coupled with the discharge outlet (Figures 1-3; Column 3 lines 36-62);
an induction plenum (1, 3) (Figures 1-3; Column 3 lines 36-62);
a primary air inlet opening (39) fluidly coupled with the induction plenum and comprising a circular cross-section (Figure 2 illustrates a circular cross section for the primary air inlet 39), wherein the primary air inlet opening is configured to receive a primary air flow into the induction plenum (Figures 1-3; Column 3 lines 36-62);
a nozzle (4) configured to direct the primary air flow from the induction plenum into the discharge plenum such that the primary air flow induces a return air flow (from 12) into the discharge plenum, the primary air flow and the return air flow form a mixed air flow in the discharge plenum, and the mixed air flow is directed from the discharge plenum through the discharge outlet (Figure 3; Column 3 lines 36-62, Column 4 lines 3-35); and
a heat exchange coil (6) disposed in an interior of the housing against a structure (16) defining the induction plenum (16 is a portion of the induction plenum, Column 4 lines 3-11) and between the induction plenum and the side of the housing (heat exchanger extends between top side of 9 and the surface of the induction plenum), wherein the heat exchange coil is configured to condition a temperature of the return air flow (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35),
and wherein the heat exchange coil (6) overlaps with the side of the housing and the circular cross-section of the primary air inlet opening along the horizontal direction (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35; Figure 3 illustrates that the right side of the heat exchanger coil 6 overlaps the primary air inlet opening 39 and the top surface 9. Additionally, Column 3 lines 46-49 teaches the assembly can be oriented vertically or horizontally).
Re Claim 8. Chieregatti teaches an induction displacement unit of a heating, ventilation, and/or air conditioning (HVAC) system, the induction displacement unit comprising (Figures 1-3):
a housing (9) having a side (top of 9 in Figure 3) extending in a horizontal direction and a discharge outlet (13) formed in the side (Figures 1-3; Column 3 lines 36-62; The top surface extends in a horizontal direction);
a discharge plenum (5) formed in the housing and communicatively coupled with the discharge outlet (Figures 1-3; Column 3 lines 36-62);
an induction plenum (1, 3) (Figures 1-3; Column 3 lines 36-62);
a primary air inlet opening (39) fluidly coupled with the induction plenum and configured to receive a primary air flow into the induction plenum (Figures 1-3; Column 3 lines 36-62);
a nozzle (4) configured to direct the primary air flow from the induction plenum into the discharge plenum in a vertical direction extending transverse to the horizontal direction such that the primary air flow induces a return air flow (from 12) into the discharge plenum and a mixture of the primary air flow and the return air flow is output from the discharge plenum through the discharge outlet (Figure 3; Column 3 lines 36-62, Column 4 lines 3-35; Nozzle 4 direction air vertically to outlet grill 13); and
a heat exchange coil (6) disposed in an interior of the housing against a portion (16) of the induction plenum (16 is a portion of the induction plenum, Column 4 lines 3-11), wherein the heat exchange coil is configured to condition a temperature of the return air flow prior to delivery of the return air flow to the discharge plenum (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35);
and wherein the heat exchange coil (6) overlaps with the side of the housing and the primary air inlet opening along the horizontal direction (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35; Figure 3 illustrates that the right side of the heat exchanger coil 6 overlaps the primary air inlet opening 39 and the top surface 9. Additionally, Column 3 lines 46-49 teaches the assembly can be oriented vertically or horizontally).
Re Claim 14. Chieregatti teaches an induction displacement unit of a heating, ventilation, and/or air conditioning (HVAC) system, the induction displacement unit comprising (Figures 1-3):
a housing (9) defining a housing interior (interior of 9) (Figures 1-3; Column 3 lines 36-62);
a discharge outlet (13) formed in a side (top of 9 in Figure 3) of the housing (9) and configured to output a mixed air flow from the housing interior, wherein the side of the housing extends in a horizontal direction (Figures 1-3; Column 3 lines 36-62);
a discharge plenum (5) formed in the housing interior defined by the housing (Figures 1-3; Column 3 lines 36-62);
a pressurized air inlet opening (39) fluidly coupled with the induction plenum and comprising a circular cross-section (Figure 2 illustrates a circular cross section for the primary air inlet 39), wherein the pressurized air inlet opening is configured to receive a pressurized air flow into the induction plenum (Figures 1-3; Column 3 lines 36-62)
an induction plenum (1, 3) (Figures 1-3; Column 3 lines 36-62);
a heat exchange coil (6) disposed in the housing interior immediately adjacent the induction plenum (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35; Coil 6 is disposed on wall 16, wherein wall 16 is a portion of the induction plenum, Column 4 lines 3-11); and
wherein the heat exchange coil (6) overlaps with the side of the housing and the circular cross-section of the pressurized air inlet opening along the horizontal direction (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35; Figure 3 illustrates that the right side of the heat exchanger coil 6 overlaps the primary air inlet opening 39 and the top surface 9. Additionally, Column 3 lines 46-49 teaches the assembly can be oriented vertically or horizontally);
a nozzle (4) configured to direct a pressurized air flow from the induction plenum and into the discharge plenum such that the pressurized air flow induces a return air flow (from 12) over the heat exchange coil and into the discharge plenum, wherein the nozzle extends into the discharge plenum, and wherein a combination of the pressurized air flow and the return air flow forms the mixed air flow in the discharge plenum (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 3. Chieregatti teaches a return air plenum (space between 12 and 6) formed in the housing such that the return air flow is directed through the return air plenum, over the heat exchange coil, and into the discharge plenum (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 4. Chieregatti teaches the return air plenum is formed along an additional side (11) of the housing coupled to the side of the housing (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 5. Chieregatti teaches the nozzle is configured to direct the primary air flow from the induction plenum into the discharge plenum in a vertical direction, such that the primary air flow induces the return air flow into the discharge plenum in a horizontal direction substantially perpendicular to the vertical direction (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35; Return air enters horizontally at 12 and discharges vertically at 13).
Re Claim 6. Chieregatti teaches the heat exchange coil is configured to receive a liquid to generate a heat exchange relationship between the liquid and the return air flow (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35; Coil 6 comprises piping that is capable of receiving a liquid).
Re Claim 7. Chieregatti teaches a valve (7) configured to: open to enable the heat exchange coil to receive the liquid; and close to block the heat exchange coil from receiving the liquid (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 9. Chieregatti teaches a return air plenum (space between 12 and 6) formed in the housing such that the heat exchange coil is positioned between the return air plenum and the discharge plenum, wherein the nozzle is configured to direct the primary air flow from the induction plenum into the discharge plenum such that the primary air flow induces the return air flow into the return air plenum, over the heat exchange coil, and into the discharge plenum (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 10. Chieregatti teaches the return air plenum is formed along an additional side (11) of the housing coupled to the side of the housing (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 11. Chieregatti teaches the primary air inlet opening comprises a circular cross-section (39 is circular as seen in Figure 2), and wherein the heat exchange coil overlaps with the circular cross-section of the primary air inlet opening along the horizontal direction (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35; Figure 3 illustrates that the right side of the heat exchanger coil 6 overlaps the primary air inlet opening 39 and the top surface 9. Additionally, Column 3 lines 46-49 teaches the assembly can be oriented vertically or horizontally).
Re Claim 12. Chieregatti teaches the heat exchange coil is configured to receive water to generate a heat exchange relationship between the water and the return air flow (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35; Coil 6 comprises piping that is capable of receiving water. It is noted that the claims are directed towards an apparatus, wherein the material or article worked upon does not limit apparatus claims. Specifically, MPEP 2115 states that “Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.” Ex parteThibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, “[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963))).
Re Claim 13. Chieregatti teaches the heat exchange coil is disposed upstream of the discharge plenum relative to the return air flow (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 16. Chieregatti teaches a return air plenum (space between 12 and 6) formed in the housing interior such that the heat exchange coil is positioned between the return air plenum and the discharge plenum, wherein the nozzle is configured to direct the pressurized air flow from the induction plenum into the discharge plenum such that the pressurized air flow induces the return air flow into the return air plenum, over the heat exchange coil, and into the discharge plenum (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 17. Chieregatti teaches the return air plenum is formed along an additional side (11) of the housing coupled to the side of the housing (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 18. Chieregatti teaches the heat exchange coil abuts (at 16) a portion of the induction plenum (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 19. Chieregatti teaches the heat exchange coil overlaps with the induction plenum and the side of the housing along the horizontal direction (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Re Claim 20. Chieregatti teaches a valve (7) configured to: open to enable a flow of a liquid into the heat exchange coil such that a heat exchange relationship is established between the liquid and the return air flow; and close to block the flow of the liquid into the heat exchange coil; and a damper (2) configured to: open to direct the pressurized air flow into the induction plenum; and close to block the pressurized air flow into the induction plenum (Figures 1-3; Column 3 lines 36-62, Column 4 lines 3-35).
Response to Arguments
Applicant's arguments filed 7/30/2025 have been fully considered but they are not persuasive.
Applicant generally argues that Chieregatti fails to teach the amended limitations of claims 1, 8, and 14 with no further explanation. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections. Nevertheless, Chieregatti teaches an induction displacement unit comprising a housing (9) having a side (top of 9 in Figure 3) extending in a horizontal direction and a discharge outlet (13) formed in the side. The top surface 9 extends in a horizontal direction and thus satisfies the claimed limitations. Chieregatti further teaches a primary air inlet opening (39) fluidly coupled with the induction plenum and comprising a circular cross-section (Figure 2 illustrates a circular cross section for the primary air inlet 39), wherein the primary air inlet opening is configured to receive a primary air flow into the induction plenum (Figures 1-3; Column 3 lines 36-62). Chieregatti lastly teaches the heat exchange coil (6) overlaps with the side of the housing and the circular cross-section of the primary air inlet opening along the horizontal direction (see Figures 1-3). Figure 3 of Chieregatti illustrates that the right side of the heat exchanger coil 6 overlaps the primary air inlet opening 39 and the top surface 9. The remaining limitations of amended claims 8 and 14 are of similar scope and thus similarly taught by Chieregatti as outlined above. Therefore, the applicants’ arguments are not persuasive.
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 TRAVIS C RUBY whose telephone number is (571)270-5760. The examiner can normally be reached M-F: 9AM-5PM.
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/TRAVIS RUBY/Primary Examiner, Art Unit 3763