DETAILED ACTION
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 .
Election/Restrictions
Claims 15-17, 35 and 36 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species D, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/21/2025.
Amended claim 15 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: the newly added limitations, "air conditioner installation orientations in first and second directions and water level sensor and sensor components (float, float guide) being rotated relative to a ground surface based on air conditioner installation orientations" to claim 15 are borrowed from non-elected claims 30-32 of non-elected Species D.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 15-17, 35 and 36 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 103
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.
Claims 15-17, 35 and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang (KR 100642365 B1) and in view of Jang (US 2009/0158934 A1) and further in view of Macgriff (US 2,894,092 A).
In regards to claim 15, Kang teaches an air-conditioner (see indoor unit 1, 100, fig. 1) comprising: a heat exchanger (300) configured to exchange heat between air and refrigerant (see page 6, paragraphs 16-17, and page 7, paragraphs 1-6); a fan (200) configured to blow air in a first direction toward the heat exchanger (page 6, paragraph 16 and figs. 1, 3); a first drain pan (vertical/horizontal drain pan 400) that extends in a second direction crossing the first direction (see figs. 1-5), the first drain pan defining an inlet opening (airflow opening 122 to transmit airflow, see figs. 1, 3; Also see airflow opening as shown by arrow at drain pan 400, fig. 7) configured to transmit the air blown by the fan toward the heat exchanger (see figs. 1-5); a second drain pan (vertical/horizontal drain pan 500) that extends in the first direction (see figs. 1-5), wherein the air conditioner (see at least 100 and heat exchangers 300) is configured to be arranged in an installation orientation (see orientation of the air conditioner in figs. 3, 4, 7) in which any one of the first direction or the second direction defines a vertical direction relative to a ground surface (see drain pans 400 and 500 in horizontal and vertical orientations, figs. 1-4 and 7).
However, Kang does not explicitly teach a rotatable water level sensor with rotating center spaced apart from drain pans, water level sensor configured to detect water level of water in the drain pans, a float guide and a float moving along the float guide.
Jang teaches an air-conditioner (air conditioner cabinet 60, see fig. 1) with a fan (50) to blow air in a first direction (see paragraphs 47-51); a drain pan (90 and 94) that extends in the first and/or second direction (see figs. 9); and a water level sensor (water level detecting unit 110) configured to rotate about a rotating center (rotating center 112a, see figs. 7-9 and paragraph 100) that is spaced apart from the first drain pan (see figs. 9), the water level sensor being configured to detect a water level of water (see paragraphs 96-100) in one of the first drain pan or the second drain pan (in drain pan 90, 94, see figs. 9 and paragraphs 96-100), wherein the water level sensor (at least floater 112, 113) is configured to: detect a water level in the first drain pan (floater 112 and water level detecting unit 110 measures water level in bucket 94, see figs. 9 and paragraphs 96-98) based on a first direction defining the vertical direction (see water level rising and receding in vertical direction, figs. 9, which is measured by the water level detecting unit 110 and floater 112, paragraphs 96-99), and the water level sensor is capable of measuring water in any other drain pan based on any other direction that is the vertical direction because water level sensor of Jang is designed/configured to measure water level in the vertical direction (see figs. 9). Jung further discloses that the water level sensor comprises a detector (water level detecting unit 110 with a floater 112 moving in response to the water level, a detecting unit 115, and a rotating second end 113, see paragraphs 96-100) that is configured to, based on rotation of the water level sensor (see rotation of the water level sensor and floater 112, figs. 9), face the first drain pan (floater facing first drain pan 90, bucket 94 or tilting towards the side wall of the bucket 94, see figs. 9) and detect the water level of water in the first drain pan (water level detecting unit 110 detects water level in the drain pan and bucket 90, 94, see paragraph 81 and figs. 9). In addition, Jung discloses that the water level sensor (at least floater 112 and second end 113b, see figs. 9) is configured to rotate about the rotation center by gravity (floater 112 and second end 113b rotating by gravity about center 112a, see figs. 9 and paragraph 96) to thereby face the first drain pan (floater facing first drain pan 90, bucket 94 or tilting towards the side wall of the bucket 94, see figs. 9), wherein the water level sensor (112, 113) includes a float guide (113b), which rotates about the rotating center (rotation of guide 113b about center 112a, see figs. 9).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second drains pans of the air conditioner of Kang by providing a water level sensor configured to rotate about a rotating center that is spaced apart from the first drain pan and the second drain pan, the water level sensor being configured to detect a water level of water in both of the first drain pan and the second drain pan based on the teachings of Jang by being installed in horizontally or vertically oriented air conditioner of Kang such that the water level in first and second drain pans can be measured using the water level sensor and float of Jang in order to effectively and efficiently measure varying water level within the drain pans to allow water drain operation only when significant quantity of water has accumulated in the tank or drain pans.
Kang also does not explicitly teach a float moving along the vertical float guide.
However, Macgriff discloses a fluid level sensor (21, 23, 45, 47, fig. 1) comprising a float guide (float guide rod 23, fig. 1) and a float (float 21) configured to move along the float guide in the vertical direction (see fig. 1 and col. 3, lines 9-20 and col. 3, line 72 – col. 4, line 16).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air conditioner of Kang by providing a fluid level sensor comprising a float guide and a float configured to move along the float guide in the vertical direction as taught by Macgriff to the rotating center spaced apart from the first and second drain pans to accurately measure water level within the first and second drain pans by allowing the float to establish or disconnect electric contact with the drain pump due to rising or dropping water level in the drain pans.
In regards to claim 16, Kang as modified teaches the limitations of claim 15 and Jang further discloses a first distance between the rotating center (112a) of the water level sensor and the first drain pan (bottom of drain pan 94, see figs. 9) is more than a second distance between the rotating center (112a) of the water level sensor and the side walls of the drain pan (see figs. 9).
Kang does not explicitly teach same distance between the level sensor and both of the drain pans.
However, a person of ordinary skill in the art would be motivated to place the water level sensor of Jang equal distance from both the first and the second drain pans within the assembly of the air-conditioner of Kang to provide same rotational degree of freedom to the rotating water level sensor with respect to the first and second drain pans because first and second drain pans define the bottom floors of the drains of the air conditioner and to prevent contact between the moving components of the water level sensor and the drains pans and side/bottom walls of the air conditioner.
In regards to claim 17, Kang as modified teaches the limitations of claim 15 and further discloses that the heat exchanger comprises: a housing (casing 10, 120) that defines an external appearance of the heat exchanger (see heat exchangers 320, 340, figs. 1-3); and a heat exchanging section (area containing heat exchangers 20, 300, see figs. 1-4) disposed in the housing (see figs. 1-4) and configured to carry the refrigerant (via refrigerant pipes 360, 362 of heat exchanger 300, see page 7, paragraphs 3-4) and inclined with respect to the first direction (inclined heat exchangers HX 320, 340, figs. 1-4), wherein the first drain pan (drain pan 400) and the second drain pan (drain pan 500) are disposed outside the heat exchanging section in the housing (drain pans 400 and 500 separated from the heat exchangers 300, see figs. 1-4 and 7), and wherein one of the first drain pan or the second drain pan is disposed at a lower side of the heat exchanging section (drain pans 400 and 500 disposed on a lower side of the heat exchangers 320 and 340 within both vertical and horizontal orientations, see figs. 1-4 and 7).
In regards to claims 35 and 36, Kang as modified teaches the limitations of claim 15 and Macgriff further discloses that the float guide (23) is configured to pass through the float (float guide 23 passing through float 21, fig. 1) and the float guide has a bar shape (see float guide rod 23, fig. 1), and the float has a ring shape (vertically movable ring-shaped float 21, see fig. 1) surrounding the float guide (21 around 23, see fig. 1).
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 MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached M-R 9:00-1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERAJ A SHAIKH/ Examiner, Art Unit 3763
/JIANYING C ATKISSON/ Supervisory Patent Examiner, Art Unit 3763