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
This Office Action is in response to the remarks and amendments filed on 10/29/2025. The 35 U.S.C. 112b rejection is withdrawn. Claims 1-3, 5-9 and 11-12 remain pending for consideration on the merits.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-9 and 11-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1, 5 and 11, Applicant has added the limitation “a passive egress of treated air”. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
Claims 2-3, 6-9 and 12 are rejected based on dependency from a rejected claim.
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 1-3, 5-9 and 11-12 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.
Claims 1, 5 and 11 recite “a passive egress of treated air”. However, it is unclear what the metes and bounds of the claim are. It is unclear to the Examiner what explicitly is a passive egress of treater air as it is interpreted that a passive egress of treated air refers to the natural, non-mechanical removal of conditioned (heated, cooled, or dehumidified) air from an indoor environment, driven by natural forces such as pressure differences, thermal buoyancy, or wind effects when an array of fans are recited and claimed. Clarity is advised.
Claims 2-3, 6-9 and 12 are rejected based on dependency from a rejected claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 5-7, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 210118857 U) in view of Nilsson (US 20170122611 A1, hereinafter Nilsson).
Regarding claim 1, Li teaches a chilled beam unit (ultra-thin absorbing top air conditioner, abstract) for use in treating indoor air (the indoor air will pass through the 40 airflow channels, paragraph 0018), comprising: a manifold (front shell 29) having at least one induction aperture (via air flow channels 40, figure 2) and at least one discharge slot (air outlets 30, figure 2), said induction aperture enabling a passage of said indoor air (the indoor air will pass through the 40 airflow channels, paragraph 0018) into said chilled beam unit (as shown on figure 2) from a space below said chilled beam unit (as shown on figure 2) and said discharge slot enabling a passive egress of treated air (via flow chamber 19, figure 2) out of said chilled beam unit (air outlets 30 discharging air out of ultra-thin absorbing top air conditioner, as shown on figure 2); and a heat exchanger (fin type evaporator plate 23, figures 2-3) mounted within said manifold (within front shell 29, figures 2-3) on an upstream side of said array of fans (upstream of axial flow fans 17, as shown on figures 2-3) and configured to accept a flow of indoor air (the indoor air will pass through the 40 airflow channels, paragraph 0018) therethrough (air inlet surface of the 23-fin evaporator).
Li teaches the invention as described above but fail to teach at least one fan mounted within said manifold about said induction aperture and configured to induce a flow of air from said space below said chilled beam unit into said chilled beam unit through said induction aperture.
However, Nilsson teaches at least one fan (the primary supply air flow is increased, paragraph 0010, interpreted to be increased via a fan or blower) mounted within said manifold (chilled beam 2, figure 2b) about said induction aperture (air flow L2 via heat exchanger 10, figure 2b) and configured to induce a flow of air from said space below (as shown on figure 2b) said chilled beam unit (air treatment device 1) into said chilled beam unit through said induction aperture (as shown on figure 2b).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the unit in the teachings of Li to include at least one fan mounted within said manifold about said induction aperture and configured to induce a flow of air from said space below said chilled beam unit into said chilled beam unit through said induction aperture in view of the teachings of Nilsson in order to yield the predictable results of controlling a supply air flow to a premises and conditioning of the indoor air.
Further, it is understood, claim 1 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claims 3 and 7, the combined teachings teach further comprising at least one temperature sensor (temperature sensor 22 of Li) mounted on the heat exchanger (mounted on fin type evaporator plate 23, as shown on figure 1 of Li).
Regarding claim 5, the combined teachings, as modified, teach a heating and air conditioning unit (ultra-thin absorbing top air conditioner, abstract of Li) for treating an enclosed environment (the indoor air will pass through the 40 airflow channels, paragraph 0018 of Li), comprising: a manifold (front shell 29 of Li) having an induction aperture (via air flow channels 40, figure 2 of Li) and a discharge slot (air outlets 30, figure 2 of Li), said induction aperture permitting passage of ambient air (the indoor air will pass through the 40 airflow channels, paragraph 0018 of Li) into said heating and air conditioning unit (as shown on figure 2 of Li) from said enclosed environment (conditioner indoor unit is used in most of the wall hanging of Li), and said discharge slot permitting a passive egress of treated air (via flow chamber 19, figure 2 of Li) from said heating and air conditioning unit (air outlets 30 discharging air out of ultra-thin absorbing top air conditioner, as shown on figure 2 of Li) back to said enclosed environment (as shown on figure 2 of Li); an array of fans (the primary supply air flow is increased, paragraph 0010 of Nilsson, interpreted to be increased via a fan or blower, corresponding to array fans 166 of Gupte) mounted within said manifold (chilled beam 2, figure 2b of Nilsson) in communication with said induction aperture (air flow L2 via heat exchanger 10, figure 2b of Nilsson), said array of fans selectively inducing a flow of said ambient air from said enclosed environment (as shown on figure 2 of Nilsson) and into said heating and air conditioning unit (air treatment device 1 of Nilsson) through said induction aperture (as shown on figure 2 of Nilsson); and a heat exchanger (heat exchanger 10 of Nilsson) mounted within said manifold (as shown on figure 2 of Nilsson) on an upstream side of said array of fans, said heat exchanger thereby treating said flow of ambient air pulled therethrough via said array of fans (as described in paragraph 0015 of Nilsson).
Regarding claim 6, the combined teachings teach wherein: said discharge slot (air outlets 30, figure 2 of Li) extends the length of said manifold (outlets 30 extending the entire length of front shell 29, as shown on figure 1 of Li).
Regarding claim 9, the combined teachings teach wherein: said heat exchanger (fin type evaporator plate 23, figures 2-3 of Li) includes fluid carrying piping (refrigerating pipeline inlet 53 and refrigerating pipeline outlet 54, as shown on figure 1 of Li).
Regarding claim 11, it is noted that although the preamble of claim 11 is directed towards a method, the structure of the combined teachings discloses all the structure being provided in the method steps, thus the method is also anticipated by the combined teachings. If a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated or rendered obvious by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently or obviously perform the claimed process. Thus, the method, as claimed, would necessarily result from the normal operation of the apparatus. See MPEP 2112.02.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Li as modified by Nilsson as applied to claim 1 above, and further in view of Gupte et al (US 20190353387 A1, hereinafter Gupte).
Regarding claim 2, the combined teachings teach the invention as described above but fail to teach wherein the at least one fan is an array of fans.
However, Gupte teaches wherein the at least one fan (array of fans 166) is an array of fans (as shown on figures 6-7).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the unit in the combined teachings to include at least one fan mounted within said manifold about said induction aperture and configured to induce a flow of air from said space below said chilled beam unit into said chilled beam unit through said induction aperture in view of the teachings of Gupte in order to yield the predictable results of enabling enhanced control of the airflow and may increase an efficiency of the heat exchanger and the HVAC system.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Li as modified by Nilsson as applied to claim 7 above, and further in view of Takeda et al (US 20040007000 A1) and Kinoshita et al (US 20120023989 A1).
Regarding claim 8, the combined teachings teach the invention as described above but fail to teach wherein: said temperature sensor in concert with a controller of said chilled beam unit turns on said fan when said temperature sensor determines said heat exchanger is below a predetermined temperature.
However, Takeda teaches wherein: said temperature sensor (temperature sensor 233) turns on said fan (switch 225 is closed so that air that has been subject to heat exchange with the indoor heat exchanger 125 by the indoor fan 126, paragraph 0362) in concert with a controller (a control circuit 220 that controls the operation of the air conditioning apparatus, paragraph 0052 and as shown on figure 38) of said chilled beam unit turns on said fan (as described in paragraph 0349) when said temperature sensor (temperature sensor 233) determines said heat exchanger (indoor heat exchanger 125) is below a predetermined temperature (temperature sensor 233 detects that the temperature of the indoor heat exchanger 125 has reached a predetermined temperature, paragraph 0362, therefore interpreted as below a predetermined temperature due to the indoor fan 126 starting when the temperature sensor of the indoor heat exchanger has reached a predetermined temperature).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the unit in the combined teachings to include wherein: said temperature sensor in concert with a controller of said chilled beam unit turns on said fan when said temperature sensor determines said heat exchanger is below a predetermined temperature in view of the teachings of Takeda in order to yield the predictable results of allowing the air that has been subject to heat exchange with the indoor heat exchanger by the indoor fan.
The combined teachings teach the invention as described above but fail to teach wherein: said temperature sensor selectively turns off said fan when said temperature sensor determines said heat exchanger is above a predetermined temperature.
However, Kinoshita teaches wherein: said temperature sensor (indoor heat exchange temperature sensor 44, paragraph 0187) turns off said fan (indoor fan 42 is not started, paragraph 0187) when said temperature sensor (indoor heat exchange temperature sensor 44, paragraph 0187) determines said heat exchanger (indoor heat exchanger, paragraph 0187) is above a predetermined temperature (interpreted as the indoor fan 42 not starting due to the temperature not reaching a predetermined temperature, therefore above a predetermined temperature).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the unit in the combined teachings to include wherein: said temperature sensor selectively turns off said fan when said temperature sensor determines said heat exchanger is above a predetermined temperature in view of the teachings of Kinoshita in order to yield the predictable results of initiating a moderate-temperature air discharge control.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Li as modified by Nilsson as applied to claim 11 above, and further in view of Watanabe (JP 2008265583 A).
Regarding claim 12, the combined teachings teach the invention as described above but fail to teach further comprising the steps of: powering said fan with a 12-volt supply of electricity.
However, Watanabe teaches further comprising the steps of: powering said fan (voltage applied to each blower, paragraph 0027) and with a 12-volt supply of electricity (a power supply system connected via a transformer 50 that converts the generated 100V voltage to a low voltage of 12V, and a low voltage of 12V is applied to each blower, paragraph 0027).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the unit in the combined teachings to include further comprising the steps of: powering said fan with a 12-volt supply of electricity in view of the teachings of Watanabe in order to yield the predictable results of allowing the blowers to be driven for a long time with relatively low output.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763