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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/05/2026 has been entered.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6-10, 12, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Caldwell (US 2,807,329) in view of Newcomer (US 2013/0281003 A1).
Regarding claim 1, Caldwell discloses a system for generating uniform air diffusion (see Caldwell figure 1), the system comprising:
A diffuser tube (Caldwell16) having a first elongated profile (see Caldwell figure 1) and comprising a first surface extending along a longitudinal length of the diffuser tube (see annotated figure) and defining a first enclosed space (see annotated figure), the diffuser tube configured to receive conditioned air within the first enclosed space via at least one inlet (Caldwell column 3 lines 1-7, “Then, as the cylinder 18 is rotated, the perforated portion of the outer cylinder l& is exposed to the casing portion 50, and hence to the duct 10, to a progressively increasing extent in- order correctly to meter the amount of pressurized air admitted into the annular chamber 54 defined between the outer cylinder 18 and the inner cylinder 16. From the chamber 54 the- air passes through the perforated inner cylinder 16 into the chamber 56”, examiner notes the perforations act as an air inlet), the first surface comprising :
A first plurality of openings (Caldwell column 2 lines 24-26, “Whereas the inner cylinder 16 is perforated over its entire surface, and is fixedly mounted in position”); and
An external casing (Caldwell 18) having a second elongated profile (see Caldwell figure 1) and comprising a second surface extending along a longitudinal length of the external casing (see annotated figure) and defining a second enclosed space (see annotated figure), the external casing configured to encase the diffuser tube within the second enclosed space (see Caldwell figure 1), the second surface comprising:
A second plurality of openings (Caldwell column 2 lines 20-22, “a pair of concentric cylinders, consisting of the inner perforated cylinder 16 and the outer perforated cylinder 18”), each of the second plurality of openings configured to allow air to pass through the second surface (Caldwell column 3 lines 1-7, “Then, as the cylinder 18 is rotated, the perforated portion of the outer cylinder l& is exposed to the casing portion 50, and hence to the duct 10, to a progressively increasing extent in- order correctly to meter the amount of pressurized air admitted into the annular chamber 54 defined between the outer cylinder 18 and the inner cylinder 16.”);
Wherein the outer casing is rotatable relative to the diffuser tube (Caldwell column 3 line 1, “Then, as the cylinder 18 is rotated…”), to cause a uniform circulation of air in the vicinity of the external casing (Caldwell column 3 lines 1-7, “Then, as the cylinder 18 is rotated, the perforated portion of the outer cylinder l& is exposed to the casing portion 50, and hence to the duct 10, to a progressively increasing extent in- order correctly to meter the amount of pressurized air admitted into the annular chamber 54 defined between the outer cylinder 18 and the inner cylinder 16.”, examiner notes that Caldwell’s uniform circulation occurs within the external casing).
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Caldwell figure 1 (annotated)
Caldwell is silent regarding the length of the diffuser tube being changeable.
Newcomer teaches an extendable vent system (Newcomer 111) comprising an outlet tube (Newcomer 112-117) comprising a first elongated profile (see annotated figure) defining: a first surface (see annotated figure) extending along a longitudinal length of the first elongated profile; and a first enclosed space (examiner notes the tubular sections forming the elongated define an enclosed space), the outlet tube is configured to receive conditioned air within the first enclosed space via at least one inlet (see annotated figure), and wherein the longitudinal length of the outlet tube is changeable (see Newcomer figures 1-3).
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Newcomer figure 1 (annotated)
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Caldwell’s system to incorporate Newcomer’s teachings of a diffuser tube with a changeable length to produce a predictable result of changing the location air is drawn from to improve performance.
Regarding claim 2, Caldwell and Newcomer as applied to claim 1 teach the first elongated profile is a cylindrical profile (see Caldwell figure 2), having a circular cross section of a first radius (see Caldwell figure 2), wherein the second elongated profile is a cylindrical profile (see Caldwell figure 2), having a circular cross-section of a second radius (see Caldwell figure 2), and wherein the second radius is greater than the first radius (see Caldwell figure 2).
Regarding claim 3, Caldwell and Newcomer as applied to claim 1 teach the diffuser tube comprises:
An assembly of a plurality of telescopic tubes (Newcomer 112-117),
Wherein at least one of the plurality of telescopic tubes is slidable relative to the remaining of the plurality of telescopic tubes, to change the longitudinal length of the diffuser tube (Newcomer [0026], “In some instances, the nested sections may be manually slidable with respect to each other”).
Regarding claim 4, Caldwell and Newcomer as applied to claim 3 teach the telescopic tubes can be movable by any type of mechanism (Newcomer [0026], “The nested sections or a retractable vent can be caused to extend from and retract back into the main body of the retractable vent via any type of mechanism”).
Newcomer further teaches a powered actuator mechanism (Newcomer 136, 137, and 138) configured to cause the length of the diffuser to change (Newcomer [0029]), “In this embodiment, three nested sections 133, 134, 135 are coupled to a main body 132 of the retractable vent 130. A wire 138 that is connected to the innermost nested section 135 is wound around a shaft 137 of a motor 136 that is located in the main body 132 of the retractable duct 130. Causing the shaft 137 of the motor 136 to rotate in a first direction causes the wire 138 to unwind from the shaft 137, which allows the innermost nested section 135 to fall downward under the force of gravity. Continued rotation of the spool in the unwinding direction would allow the nested sections to gradually lower away from the main body 132. Conversely, causing the shaft 137 of the motor 136 to rotate in the opposite direction would cause the wire 138 to wind up on the shaft 137, and the innermost nested section 135, and the intervening sections 134, 133 would be gradually retracted back into the main body 132”),by sliding of the plurality of telescopic tubes, to change the longitudinal length of the diffuser tube.
Therefore, it would have been obvious to one of ordinary skill in the art to modify the system by incorporating Newcomer’s teachings of an actuator system for adjusting the length of the diffuser to produce a predictable result of automating the length adjustments.
Regarding claim 6, Caldwell and Newcomer as applied to claim 1 teaches the system further comprises a second actuator (Caldwell 28, 30, and 34)configured to cause rotation of the external casing relative to the diffuser (Caldwell column 2 lines 41-49, “The rotatable mounting of the outer cylinder 18 can be effected in any suitable manner but is here shown as effected by a journal shaft 28 carried through the casing end wall 32 in a bearing bushing 30 and inside retaining 45ring 34, the latter being welded, for example, as indicated at 36, to the interior surface of the imperforate end wall 38 of the outer cylinder, the bearing bushing 30 being also shown welded at 40 to the outside of the casing end wall 32.”).
Regarding claim 8, Caldwell and Newcomer as applied to claim 1 teach the orientation of the first plurality of openings is oblique to the first surface associated with the diffuser tube (see Caldwell figure 1).
Regarding claim 9, Caldwell and Newcomer as applied to claim 1 are silent regarding the axis of rotation of the being inclined at an angle to an axis associated with the longitudinal length of the diffuser tube.
However, a court has held that a change in the shape of a product that does not serve a mechanical function cannot be relied upon to sustain a patent (see MPEP § 2144.04 I).
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify the angle of inclination between the external casing and the diffuser tube since the angle of inclination has not been disclosed in applicant’s specification as being significant.
Regarding claim 10, Caldwell discloses a diffuser tube (Caldwell16) comprising:
a first elongated profile (see Caldwell figure 1)defining:
a first surface extending along a longitudinal length of the diffuser tube (see annotated figure), the first surface comprising a first plurality of openings (Caldwell column 2 lines 24-26, “Whereas the inner cylinder 16 is perforated over its entire surface, and is fixedly mounted in position”),
Wherein the first elongated profile is a cylinder (see Caldwell figures 1 & 2), having a circular cross section of a first radius (see Caldwell figure 2);
a first enclosed space (see annotated figure),
the diffuser tube configured to receive conditioned air within the first enclosed space via at least one inlet (Caldwell column 3 lines 1-7, “Then, as the cylinder 18 is rotated, the perforated portion of the outer cylinder 18 is exposed to the casing portion 50, and hence to the duct 10, to a progressively increasing extent in- order correctly to meter the amount of pressurized air admitted into the annular chamber 54 defined between the outer cylinder 18 and the inner cylinder 16. From the chamber 54 the- air passes through the perforated inner cylinder 16 into the chamber 56”, examiner notes the perforations act as an air inlet),
wherein each of the first plurality of openings is configured to allow air to pass through the first surface (Caldwell column 3 lines 7-9, “the- air passes through the perforated inner cylinder 16 into the chamber 56”),
wherein the diffuser tube is configured for use with an external casing (Caldwell 18) that encases the diffuser tube (see Caldwell figure 1) and that is rotatable relative to the diffuser tube (Caldwell column 3 line 1, “Then, as the cylinder 18 is rotated…”)
wherein the external casing comprises a second elongated profile (see Caldwell figure 1),
wherein the second elongated profile is a cylindrical profile (see Caldwell figure2), having a circular cross-section of a second radius (see Caldwell figure 2), and
wherein the second radius is greater than the first radius (see Caldwell figure 2); and
a first actuator (Caldwell 28, 30, and 34) is configured to cause rotation of the external casing relative to the diffuser tube (Caldwell column 2 lines 41-49, “The rotatable mounting of the outer cylinder 18 can be effected in any suitable manner but is here shown as effected by a journal shaft 28 carried through the casing end wall 32 in a bearing bushing 30 and inside retaining 45ring 34, the latter being welded, for example, as indicated at 36, to the interior surface of the imperforate end wall 38 of the outer cylinder, the bearing bushing 30 being also shown welded at 40 to the outside of the casing end wall 32.”).
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Caldwell figure 1 (annotated)
Caldwell is silent regarding the length of the diffuser tube being changeable.
Newcomer teaches an extendable vent system (Newcomer 111) comprising an outlet tube (Newcomer 112-117) comprising a first elongated profile (see annotated figure) defining: a first surface (see annotated figure) extending along a longitudinal length of the first elongated profile; and a first enclosed space (examiner notes the tubular sections forming the elongated define an enclosed space), the outlet tube is configured to receive conditioned air within the first enclosed space via at least one inlet (see annotated figure), and wherein the longitudinal length of the outlet tube is changeable (see Newcomer figures 1-3).
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Newcomer figure 1 (annotated)
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Caldwell’s diffuser tube to incorporate Newcomer’s teachings of a diffuser tube with a changeable length to produce a predictable result of changing the location air is drawn from to improve performance.
Regarding claim 12, Caldwell and Newcomer as applied to claim 10 teach 1 teach the diffuser tube comprises:
An assembly of a plurality of telescopic tubes (Newcomer 112-117),
Wherein at least one of the plurality of telescopic tubes is slidable relative to the remaining of the plurality of telescopic tubes, to change the longitudinal length of the diffuser tube (Newcomer [0026], “In some instances, the nested sections may be manually slidable with respect to each other”).
Regarding claim 17, Caldwell and Newcomer as applied to claim 10 teach the orientation of the first plurality of openings is oblique to the first surface associated with the diffuser tube (see Caldwell figure 1).
Regarding claim 18, Caldwell and Newcomer as applied to claim 1 are silent regarding the axis of rotation of the external casing being inclined at an angle to an axis associated with the longitudinal length of the diffuser tube.
However, a court has held that a change in the shape of a product that does not serve a mechanical function cannot be relied upon to sustain a patent (see MPEP § 2144.04 I).
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify the angle of inclination between the external casing and the diffuser tube since the angle of inclination has not been disclosed in applicant’s specification as being significant.
Allowable Subject Matter
Claims objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Current prior art of record such as teach separate actuators for rotating the external casing and changing the length of the diffuser tube and it would not have been obvious to one of ordinary skill in the art at the time of filing to modify Caldwell’s system to utilize a single actuator to control the two separate functions as recited in claims 5 and 13. Further, Caldwell teaches the at least one inlet is the perforations on the face of the diffuser tube and that air exits the assembly through an outlet at the side-face of the diffuser tube. It would not have been obvious to one of ordinary skill in the art at the time of filing to move the inlet to the side face as is claimed in claims 7 and 16 since Caldwell relies upon the plurality of inlets along the face of the cylinder to reduce air pressure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES R BRAWNER whose telephone number is (571)272-0228. The examiner can normally be reached Monday - Friday 8:00am - 4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES R BRAWNER/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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