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 .
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 1-12 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “wherein the integration of the ERV/HRV unit… thereby reducing the overall power consumption of the PTAC system” but it is unclear exactly how, as recited in claim 1, that the ERV/HRV unit lowers the workload of the compressor and reduces the overall power consumption of the PTAC system. Claim 1 is interpreted, consistently with claim 11, such that the ERV/HRV unit preheats or precools an outdoor air entering a living space by passing the air through a core embodies inside the ERV/HRV unit. Claims 2-12 are rejected in view of their dependence from claim 1.
Claim 5 recites “throw it outside” which renders claim 5 indefinite as air is not thrown.
Claim 11 recites the room, but claim 10, from which claim 11 depends, recites the living space.
Allowable Subject Matter
Claims 1-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: Chen and Patel teach packaged terminal air conditioner systems with HRV/ERV units, but do not teach the specific arrangements of, for example, the outdoor heat exchanger or the space (S) as recited in claims 1-12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE S TANENBAUM whose telephone number is (313)446-6522. The examiner can normally be reached M-F 11 AM - 7 PM.
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/Steve S TANENBAUM/Examiner, Art Unit 3763