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 .
Status of the Claims
The status of the claims as filed in the reply dated 8/26/2025 are as follows:
Claims 1 and 17 are amended,
Claims 18, 21, and 24-28 are canceled,
Claims 1-17, 19-20, and 22-23 are currently pending.
Claim Rejections - 35 USC § 102
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 effective filing date of the claimed invention.
Claim(s) 1-12, 14-17, 20, 22, and23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jaskari et al. (European Patent Publication EP3191673B1, “Jaskari”, previously cited).
Regarding claim 1, Jaskari discloses a climate control system comprising:
a heat exchanger assembly (4) including a housing with an external air inlet (51), an external air outlet (52), an internal air inlet (53), and an internal air outlet (54); and
an auxiliary air vent assembly (4, as the ventilation device may be provided on both sides of the window, see ¶0051) coupled to the heat exchanger assembly, the auxiliary air vent assembly including a rim (4) at least partially defining an internal air inlet region (see annotated fig 1 below) and an internal air outlet region (see annotated fig 2 below),
wherein the auxiliary air vent assembly is capable of positioned between the heat exchanger assembly and an enclosure (as an enclosure could be situated to a side of the auxiliary air vent assembly as shown below in annotated fig 1 below). A recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here.
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Regarding claim 2, Jaskari further discloses wherein the rim (4) includes an air passageway (as shown in figs 9 and 10).
Regarding claim 3, Jaskari further discloses a first aperture (53) formed in the rim (4) and a second aperture (54) formed in the rim;
wherein the first aperture is in fluid communication with the internal air inlet region (see annotated fig 1 above); and
wherein the air passageway extends between the first aperture and the second aperture (as shown in figs 9 and 10).
Regarding claim 4, Jaskari further discloses wherein the second aperture (54) is in fluid communication with ambient atmosphere (¶0095).
Regarding claim 5, Jaskari further discloses wherein the rim (4) at least partially surrounds the internal air inlet (51) and the internal air outlet (52) of the housing.
Regarding claim 6, Jaskari further discloses wherein the internal air inlet (53) of the heat exchanger assembly is in fluid communication with the internal air inlet region (see annotated fig 1 above, as fluid may flow from the region to the inlet); and
wherein the internal air outlet (54) of the heat exchanger assembly is in fluid communication with the internal air outlet region (see annotated fig 2 above, as fluid may flow from the region to the outlet).
Regarding claim 7, Jaskari further discloses a divider (70) coupled to the rim (4), wherein the divider is positioned between the internal air inlet region and the internal air outlet region (see annotated figs 1 and 2 above).
Regarding claim 8, Jaskari further discloses wherein the rim (4) includes a first mount surface (abutting 2, see annotated fig 1 below), a second mount surface (see annotate fig 9 below), an outer surface (see annotated fig 2 below) extending between the first mount surface and the second mount surface, an inner surface (see annotated fig 1 below) extending between the first mount surface and the second mount surface, a first aperture (54) formed on the inner surface, and a second aperture (53) formed in the outer surface.
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Regarding claim 9, Jaskari further discloses wherein the rim (4) further includes an air passageway (see figs 9 and 10) that places the first aperture (52) in and the second aperture (51) in fluid communication (54).
Regarding claim 10, Jaskari further discloses wherein the heat exchanger assembly abuts the first mount surface (see annotated fig 1 above).
Regarding claim 11, Jaskari further discloses a fan housing (67) with a fan inlet (fig 13), a fan outlet (fig 3), and a fan (64) positioned within the fan housing;
wherein the fan outlet is in fluid communication with the internal air outlet region (see annotated fig 2 below and fig 9).
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Regarding claim 12, Jaskari further discloses wherein the fan inlet (see annotated fig 13 below) and the first mount surface (see annotated fig 13 below) are co-planar.
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Regarding claim 14, Jaskari further discloses wherein the rim (4) is formed of square tubing (see fig 1).
Regarding claim 15, Jaskari further discloses wherein the heat exchanger assembly includes a passive heat exchanger (62).
Regarding claim 16, Jaskari further discloses wherein the heat exchanger assembly includes a first fan (64) positioned at the internal air inlet (53) configured to create an internal airflow through the housing from the internal air inlet to the internal air outlet; and a second fan (63) positioned at the external air inlet (51) configured to create an external airflow through the housing from the external air inlet (51) to the external air outlet (64); wherein the external airflow is isolated from the internal airflow by a dividing wall (see annotated fig 10 below) positioned within the housing.
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Regarding claim 17, Jaskari discloses a mount (4) configured to couple a heat exchanger assembly (62) to an enclosure, the mount comprising:
a rim (4) formed of square tubing with an internal passageway (see figs 9 and 10);
the rim at least partially defining an air inlet region and an air outlet region (see annotated figs 1 and 2 below);
a first aperture (53) formed in the rim and in fluid communication with the air inlet region;
a second aperture (54) formed in the rim;
a fan housing coupled to the rim, the fan housing (68) including a fan inlet and a fan outlet (see annotated fig 13 below), wherein the fan outlet is in fluid communication with the air outlet region (fig 9); and
a divider (70) coupled to the rim (4) and positioned between the air inlet region and air outlet region (see annotated figs 1 and 2 below);
wherein the internal passageway extends between the first aperture and the second aperture.
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Regarding claim 20, Jaskari further discloses wherein the rim (4) includes a first mount surface (see annotated fig 1 below) and a second mount surface (see annotated fig 2 below), and wherein an outer surface (see annotated fig 2 below) extends between the first mount surface and the second mount surface, and an inner surface (see annotated fig 1 below) extends between the first mount surface and the second mount surface; and
wherein the fan inlet and the first mount surface are co-planar (see annotated fig 13 below).
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Regarding claim 22, Jaskari further discloses wherein the divider (70) positioned between the first aperture and the second aperture.
Regarding claim 23, Jaskari further discloses wherein the first aperture (53) is formed on an inner surface of the rim, and the second aperture (54) is formed on an outer surface of the rim.
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.
Claim(s) 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jaskari as applied to claims 11 and 17 above, and further in view of Kohler (German Patent Publication DE102008016392A1, previously cited).
Regarding claim 13, Jaskari discloses all previous claim limitations. However, Jaskari does not explicitly disclose wherein the external air inlet is positioned between the external air outlet and the fan inlet. Kohler, however, discloses a ventilation device wherein an external air inlet is positioned between an external air outlet and a fan inlet (see annotated fig 3 below). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Jaskari to provide the fan outside the enclosure as taught by Kohler in order to provide easy maintenance.
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Regarding claim 19, Jaskari discloses all previous claim limitations. However, Jaskari does not explicitly disclose a damper positioned at the fan outlet. Kohler, however, discloses a ventilation device wherein a damper (10) is positioned at the outlet of the fan. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Jaskari to provide the damper of Kohler in order to inhibit backflow (see ¶0011 of Kohler).
Response to Arguments
Applicant's arguments filed 8/26/2025 have been fully considered but they are not persuasive.
Applicant argues (page 7) that Jaskari does not teach wherein the auxiliary air vent assembly is of positioned between the heat exchanger assembly and an enclosure as now require by claim 1. However, as explained in the rejection this limitation is considered as intended use limitation. An enclosure could be located on the opposite side (relative to the heat exchanger assembly) of the auxiliary air vent assembly (see annotated fig 1 below), for example there could be hallway on that side of the enclosure.
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Applicant argues (pages 7-8) that Jaskari’s device is installed directly in to a window frame as a complete unit, whereas newly amended claim 17 require a mount that serves as an intermediate coupling component. Jaskari’s frame element 4 does not include the now-claimed fan housing a divider as integral components of the mount structure. The Examiner respectfully disagrees; the frame element 4 of Jaskari serves as mount for the heat exchanger assembly 62, further the divider 70 is coupled to the frame element as evident in figure 13, as required by claim 17.
Applicant argues (page 7-8) that the Office action does not provide an articulated reason as to why a person of ordinary skill in the art would modify either window ventilation system of Jaskari in view of Kohler to create the three component configuration. The Examiner respectfully disagrees; regarding claim 3, as explained in the rejection, providing the external air inlet between the external air outlet and the fan inlet would allow for easier access to the fan for repairs of replacement. With regards to claim 19, Kohler teaches the damper inhibits backflow of air (¶0011), therefore it would have obvious for Jaskari to provide the damper in order to inhibit backflow.
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 HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at (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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/HARRY E ARANT/Primary Examiner, Art Unit 3763