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
Applicant’s election without traverse of invention I (claims 1-6 and 12-17) in the reply filed on 27 October 2025 is acknowledged.
Claims 7-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 October 2025.
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 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.
Claims 1-3, 5, 12-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication No. 2006/0021375 A1 to Wetzel et al. (Wetzel).
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With regard to claim 1, Wetzel discloses an air conditioning system (Wetzel, title, abstract) comprising:
an air handler (10, fig. 1, paragraph 0027);
an evaporator coil (24, fig. 1, paragraph 0027) in the air handler (shown in fig. 1);
a blower (28, fig. 1, paragraph 0027) in the air handler (shown in fig. 1);
a heater (25, fig. 1, paragraph 0027) in the air handler (shown in fig. 1);
an air filter (as labeled in the annotated figure above and described in paragraph 0027 where the intake includes a pre-filter); and
a transition between the air handler and the air filter (as labeled in the annotated figure above).
With regard to claim 2, Wetzel discloses the air conditioning system according to claim 1 as set forth above, and further discloses comprising:
an air return unit (30, fig. 1, paragraph 0027) on one side of the air filter.
With regard to claim 3, Wetzel discloses the air conditioning system according to claim 1 as set forth above, and further discloses wherein the transition comprises a panel (16, fig. 1, paragraph 0027) that includes an access door that opens to allow access into an interior of the transition (as described in paragraph 0027, the intake grille may incorporate a pre-filter. The inclusion of a pre-filter in the grille demonstrates the grille’s functionality as an access door that when removed allows access into an interior of the transition).
With regard to claim 5, Wetzel discloses the air conditioning system according to claim 1 as set forth above, and further discloses wherein the transition includes a panel (52, fig. 1, paragraph 0030) comprising one or more access ports (54/56, fig. 1, paragraph 0030) opening into the interior of the transition (shown in fig. 1).
With regard to claim 12, Wetzel discloses a method of transitioning within an air conditioning system, the method comprising:
positioning a first opened end of a transition (as labeled in the annotated figure above) at a first opened end of an air handler (10, fig. 1, paragraph 0027) comprising an evaporator coil (24, fig. 1, paragraph 0027), a blower (28, fig. 1, paragraph 0027), and a heater (25, fig. 1, paragraph 0027); and
positioning a first side of an air filter (24, fig. 1, paragraph 0027) at a second opened end of the transition, the second opened end being opposite the first opened end of the transition (shown in fig. 1).
With regard to claim 13, Wetzel discloses the method according to claim 12 as set forth above, further comprising:
positioning an opened end of an air return unit (30, fig. 1, paragraph 0027) on a second side of the air filter, the second side being opposite the first side (shown in fig. 1).
With regard to claim 14, Wetzel discloses the method according to claim 12 as set forth above, and further discloses comprising:
providing a panel (16, fig. 1, paragraph 0027) of the transition with an access door that opens to allow access into an interior of the transition (as described in paragraph 0027, the intake grille may incorporate a pre-filter. The inclusion of a pre-filter in the grille demonstrates the grille’s functionality as an access door that when removed allows access into an interior of the transition).
With regard to claim 16, Wetzel discloses the method according to claim 12 as set forth above, and further discloses comprising:
providing a panel (52, fig. 1, paragraph 0030) of the transition with one or more access ports (54/56, fig. 1, paragraph 0030) opening into the interior of the transition (shown in fig. 1).
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.
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 2006/0021375 A1 to Wetzel et al. (Wetzel).
With regard to claims 4 and 15, Wetzel discloses the air conditioning system according to claims 1 and 12 as set forth above, but fails to further disclose wherein a length of the transition is at least 8 inches so that the air filter is at least 8 inches away from the air handler.
It is noted that the length of the transition being at least 8 inches is not disclosed with criticality in the specification as set forth in paragraph 0072 (“may be greater than 9 inches”). Wetzel does not disclose a distance of at least 8 inches from the filter to the air handler. It would have been obvious to one having ordinary skill in the art at the time of filing to provide a transition between the air handler and the filter of Wetzel of at least 8 inches in order to provide an effective space for treatment of the air with the UV light source of Wetzel prior to passing the air through the unit.
Allowable Subject Matter
Claims 6 and 17 are 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: The prior art of record fails to teach or suggest an air conditioning system of claims 6 and 17 having an ultraviolet light mounted within the transition and having a baffle positioned to face the air filter to protect the air filter from being degraded by the ultraviolet light, together in combination with the other elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs 3907050, 5987908, 2023/0324053, 2018/0112886, 2021/0404671, 2002/0121101, 2020/0278128, 2022/0412576 disclose a self-contained AC unit having some but not all of the claimed features. USPNs 2015/0082825 and 2015/0082826 disclose an AC unit with a transition and an access door. USPN 2008/0230619 discloses an AC unit with noise abatement features.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R DEAL whose telephone number is (469)295-9216. The examiner can normally be reached M-F generally 8-4 pm CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached at: Craig M Schneider (571) 272-3607 and Ken Rinehart (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID R DEAL/Primary Examiner
Art Unit 3753