DETAILED ACTION
Amendments filed on 8/18/2025 have been entered. Claim 4 is cancelled.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7, 11 including depending claims 8-10, 12-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 7 recites “telescopic window receiver closeout panels”. The bolded limitations are now positively claimed and included in the body of the claim filed on 8/18/2025. However, the bolded phrase makes the claimed limitation indefinite, because the specification does not clearly define the difference/differences between the structure of telescopic window receiver closeout panels and the structure of telescopic closeout panels. According to paragraph [59] of the published specification, closeout panels/ telescopic closeout panels 510 are telescopic, which include portions 512/514, and in paragraph [62] discloses telescopic window receiver closeout panels 610 also include the same portions 612/614, therefore two structures telescopic window receiver closeout panels and telescopic closeout panels include the same portions 512/514 which are the same as 612/614. It is unclear where the bolded limitations disposed with respect to location of telescopic closeout panels 510. More clarification is required.
Claim 11 recites “a first portion”, “a second portion”. As it was indicated in the previous office action, it is not clear whether or not the bolded limitations refer to the previously recited limitations a first elongated portion and a second elongated portion in claim 7; Applicant has not yet addressed this 112(b) rejection in the arguments filed on 8/18/2025. Applicant amended claim 7 to positively claim telescopic window receiver closeout panels, which creates even more unclarity regarding the bolded limitations. As indicted in above rejection, the difference between telescopic window receiver closeout panels and telescopic closeout panels is unclear, and both structures having the same portions 512/514 and 612/614. The difference between first/second portions and first/second elongated portions is unclear, thus it is unclear where first/second portions disposed with respect to first/second elongated portions. More clarification is required. For the purpose of examination, the bolded limitations interpreted to be the first elongated portion and the second elongated portion as recited previously in claim 7.
Allowable Subject Matter
Claims 15, 18-20 are allowed.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1, 2, 6 are rejected under 35 U.S.C. 103 as being unpatentable over Longenecker (US 20 123/0168011 A1), in view of Zhou (US 2022/0214053 A1).
Claim 1: Longenecker discloses a room conditioning unit for use in an opening of a building, the room conditioning unit (preamble) comprising:
an indoor portion (12) configured to be position on an internal portion of the building (preamble) and having an indoor heat exchanging coil (40); an outdoor portion (14) configured to be position on an external portion of the building (preamble) and having an outdoor heat exchanging coil (30);
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Longenecker discloses the claimed limitations in claim 1, but fails to disclose a bridge portion connecting the indoor portion and the outdoor portion; and an inflatable and deflatable cushion which is configured to be selectively transitioned between an inflated state and deflated state, to raise or lower the room conditioning unit relative to a support structure in the opening of the building; and an air pump which is selectively operable to inflate the cushion.
However, Zhou teaches a bridge portion (22) connecting the indoor portion and the outdoor portion (intended use; 21/23); and an inflatable (paragraph [34]: airbag 11 is inflated through air/gas hole 111 by an inflating tool such as air pump) and deflatable cushion (airbag 11 used as cushion; paragraph [36]: airbag 11 to be deflated, structural diagram in deflation process of airbag 11 in FIG.3) which is configured to be selectively transitioned between an inflated state and deflated state (intended use/functional language), to raise or lower the room conditioning unit relative to a support structure in the opening of the building (paragraph [10]); and an air pump (Zhou paragraph [34]: inflating tool like air pump) which is selectively operable to inflate the cushion (Zhou 11; to clarify, air pump is selected by the mounting device and mounting method for saddle-type air conditioner to operate when needed to inflate the air bag) for the purpose of making the descending process of saddle window air conditioner more stable and reliable (paragraph [10]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Longenecker to include a bridge portion connecting the indoor portion and the outdoor portion; and an inflatable and deflatable cushion which is configured to be selectively transitioned between an inflated state and deflated state, to raise or lower the room conditioning unit relative to a support structure in the opening of the building; and an air pump which is selectively operable to inflate the cushion as taught by Zhou in order to make the descending process of saddle window air conditioner more stable and reliable.
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Claim 2: Longenecker as modified discloses the apparatus as claimed in claim 1, wherein the cushion (Zhou 11) is mounted to a lower side of the bridge portion (Zhou 22).
Claim 6: Longenecker as modified discloses the apparatus as claimed in claim 1, wherein, in the inflated state, the cushion (Zhou 11) substantially fills a space defined underneath the bridge portion (Zhou 22) and between the indoor portion and the outdoor portion (functional language/intended use).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Longenecker (US 20 123/0168011 A1), in view of Zhou (US 2022/0214053 A1), and in view of Palomaki (US 12,152,805 B2).
Claim 3: Longenecker as modified fails to disclose wherein the cushion comprises one or more pleats that facilitate folding of the cushion as it is deflated.
However, Palomaki teaches one or more pleats that facilitate folding (flexible panel 126 is flexible plastic sheet that is folded as multiple locations to form an expandable panel) for the purpose of receiving a window air conditioner within the opening and secure the unit to the window without fasteners.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Longenecker to include one or more pleats that facilitate folding of the cushion of Zhou as it is deflated as taught by Palomaki in order to receive a window air conditioner within the opening and secure the unit to the window without fasteners.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Longenecker (US 20 123/0168011 A1), in view of Zhou (US 2022/0214053 A1), and in view of Chen (CN 113413057 A).
Claim 5: Longenecker as modified fails to disclose wherein the air pump is in electronic communication with a controller for the room conditioning unit, which enables a user to inflate or deflate the cushion via a user interface of the room conditioning unit.
However, Chen teaches the air pump (air pressure component with air pumps is for inflating and exhausting air bag) is in electronic communication with a controller (PLC controller) for the room conditioning unit, which enables a user to inflate or deflate (air pressure component 22 with air pump 223 external air into air bag 212 to expand, pump 224 is air bag 212 air suction and discharge to outdoor) the cushion (air pump 224 is connected with the plastic air bag 212) via a user interface (intended use) of the room conditioning unit for the purpose of controlling the air pressure and opening the air pressure component to supply air.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Longenecker to include the air pump is in electronic communication with a controller for the room conditioning unit, which enables a user to inflate or deflate the cushion via a user interface of the room conditioning unit as taught by Chen in order to control the air pressure and opening the air pressure component to supply air.
Claims 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lei (US 2020/0248911 A1), in view of Zhou (US 2022/0214053 A1).
Claim 7: Lei discloses a system for sealing about a bridge portion of a room conditioning unit positioned in a building opening, the system (preamble) comprising: telescopic closeout panels (preamble) which comprise:
a first elongate portion (sliding block 2 used as first elongate portion) having a first end (inherent) configured to and an opposing second end (inherent); and
a second elongate portion (second connection member 5 used as second elongate portion) having a first end (inherent) and an opposing second end (inherent) which is configured to form a seal (paragraph [141]) with a vertical side of the building opening (intended use), wherein the second end of the first elongate portion (2) is configured to at least partially, slidably receive (paragraph [141]: slide block 2 being in a sliding fit with fixation member such that length of fist connection member 8 is adjustable by the sliding fit between the slide block 2 and fixation member 1) the first end of the second elongate portion (5); and
telescopic window receiver closeout panels (FIG.5; assembly 100 on both sides of the unit used telescopic window receiver closeout panels).
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Lei discloses the claimed limitations in claim 7, but fails to disclose a bridge portion; telescopic window receiver closeout panels disposed beneath the bridge portion.
However, Zhou teaches a bridge portion (22) for the purpose of making the descending process of saddle window air conditioner more stable and reliable (paragraph [10]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Lei to include a bridge portion as taught by Zhou to be attached to the first elongate portion of Lei and telescopic window receiver closeout panels of Lei be disposed beneath the bridge portion in order to make the descending process of saddle window air conditioner more stable and reliable.
Claim 8: Lei as modified discloses the apparatus as claimed in claim 7, wherein the second end (inherent) of the second elongate portion (5) comprises a cap (slide positioning 500 used as cap), except for a foam end. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Lei to include a foam end in order to improve the structural stability of the seal assembly, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (Preferred Material).
Claim 9: Lei as modified discloses the apparatus as claimed in claim 7, wherein the second end (inherent) of the first elongate portion (2) comprises at least one of a cap (slide positioning 500 used as cap) or a gasket, wherein the at least one of the cap or the gasket are configured to provide sliding resistance between the first and second elongate portions to maintain a snug fit (paragraph [154]: slide positioning 500 enables the seal assembly to keep specific seal length, improves structural stability of the seal and reliably seals the assembly) between the closeout panels and the building opening (intended use), except for a foam end. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Lei to include a foam end in order to improve the structural stability of the seal assembly, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (Preferred Material).
Claim 10: Lei as modified discloses the apparatus as claimed in claim 7, further comprising: a first strip (mating plates 32 used as strips) configured to be positioned and/or adhered across a window sill or other foundational surface of the building opening and configured to receive the bridge portion (preamble/intended use) of the room conditioning unit (intended use) thereon; and a second strip (mating plates 32 used as strips) configured to be positioned and/or adhered to a top of the bridge portion (preamble/intended use) and the closeout panels (2/5), except for a foam. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Lei to include a foam in order to improve the structural stability of the seal assembly, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (Preferred Material).
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Claim 11: Lei as modified discloses the apparatus as claimed in claim 7, wherein the telescopic window receiver closeout panels (preamble) comprise:
a first portion (sliding block 2 used as first portion) having a first end and an opposing second end; and
a second portion (second connection member 5 used as second portion) having a first end and an opposing second end, wherein the second end of the first portion is configured to at least partially, slidably receive the first end of the second portion (paragraph [141]: slide block 2 being in a sliding fit with fixation member such that length of fist connection member 8 is adjustable by the sliding fit between the slide block 2 and fixation member 1).
Claim 12: Lei as modified discloses the apparatus as claimed in claim 11, wherein the first and second portions (2/5) of the telescopic window receiver closeout panels have, an interior of which is configured to accommodate (i) a window receiver portion of a window frame (building is preamble/intended use, therefore, a window receiver portion of a window frame as parts of the building are intended use, it is not in the body of the claim, not part of the claimed invention), except for U shape. The configuration/shape of the claimed panels is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration/shape of the claimed panels is significant in order to enhance positioning reliability of assembly - Change of Shape: MPEP 2144.04).
Claim 13: Lei as modified discloses the apparatus as claimed in claim 11, wherein the first end of the first portion (sliding block 2 used as first portion) of the telescopic window receiver closeout panels (2/5) comprises an adjustable endplate (fixation member 1 used as adjustable endplate; paragraph [16]: fixation member 1 is fixed positionally relative to the slide block, fixation member 1 is rotatable) configured to sandwich a window frame to prevent rotation of the telescopic window receiver closeout panels (functional language/intended use).
Claim 14: Lei as modified discloses the apparatus as claimed in claim 11, wherein telescopic window receiver closeout panels (2/5), a tilt angle (paragraph [122]: seal assembly 100 includes an angle positioning assembly 4, for example included angle between fixation member 1 and horizontal direction is 90, 45, or 30 degree) that is angled downwardly in an outdoor direction to help facilitate drainage away from a window (intended use).
Response to Arguments
Applicant's arguments with respect to all the claims under Claim Rejections - 35 USC § 103 have been fully considered, but they are not persuasive.
Applicant’s argument on page 7: “Zhou fails to teach an air pump that is actually integrated into the room conditioning unit itself. Therefore, Zhou fails to teach applicant’s amended independent claim 1”.
Examiner respectfully disagrees, because:
As Longenecker was previously modified to by Zhou in claim 1, Zhou teaches an air pump in paragraph [34], in which the airbag 11 is inflated through air hole 111 by using an inflating tool such as air pump, after airbag is fully inflated the plug 13 is inserted into hole 111, as the airbag continues to be inflated connecting part 22 is gradually lifted up by airbag and the complete saddle-type window air conditioner also gradually rises, in summary Zhou teaches in order to make the process of the saddle-type window air conditioner more stable and reliable, airbags are provided. Therefore, Longenecker was only modified to include air pump which is configured to inflate airbag as taught by Zhou as indicated in the office action above. Further, it is unclear what applicant meant by referring to terms actually & itself in the argument. Further, based on broadest reasonable interpretation, apparatus claim only requires structure to meet the required claimed limitation, for example the structural limitation air pump is selected by the mounting device and mounting method for saddle-type air conditioner to operate when needed to inflate the air bag.
Applicant’s arguments to new features and amendments are addressed in this office action. Therefore, a new ground(s) of rejections have been made in response to the amendments.
Applicant’s argument on page 8: “Lei fails to anticipate applicant’s amended independent claim 7.
Examiner response: as indicated in the previous office action based on the claims filed on 3/16/2023, telescopic window receiver closeout panels and telescopic window closeout panels were preamble meaning that it was not in the body of the claim and not positively claimed and also limitations “…disposed beneath the bridge portion” were not claimed. However, the new amended claim 7 filed on 8/18/2025 includes limitations “telescopic window receiver closeout panels and telescopic window closeout panels disposed beneath the bridge portion” in the body of the claim, therefore the amendment necessitated a new rejection which requires further search/consideration.
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.
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/KAMRAN TAVAKOLDAVANI/ Examiner, Art Unit 3763 /LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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