DETAILED ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following limitations are interpreted under 112f:
connection means suitable for putting said first connection inlet and said second connection inlet in fluid communication with the corresponding conduit of the end device, as recited in claim 1.
The corresponding structure found in the specification for the connection means is a two way tube (see pgpub, para. 99)
drive means for automatically moving said movable partitions, as recited in claim 4
No corresponding structure is disclosed in the specification
draining/collecting means suitably configured so as to drain or collect a condensation generated by the evaporator, as recited in claim 6
The corresponding structure found in the specification for the draining/collecting means is a drainage channel (see pgpub, para. 141)
means configured in such a way as to move said plates between a non-operating position, as recited in claim 11
No corresponding structure is disclosed in the specification
fast coupling means suitably configured in such a way to detachably couple the central tube with the end operating portion, as recited in claim 17
bayonet type coupler (para. 87)
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.
The following claim limitations invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
drive means for automatically moving said movable partition
means configured in such a way as to move said plates between a non-operating position
However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, claims 4 and 11 are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Allowable Subject Matter
Claims 1-3, 5-10, 12, 13, 17, 18 are allowed.
Reasons for Allowance
Phipps (the closest prior art) and Wang (closest teaching reference) disclose substantially all of the limitations in claim 1 (see below); however, there is no motivation to combine the two references.
Regarding claim 1, Phipps (US 2392405 A) discloses (Fig. 2 embodiment) an air drying unit suitable for being installed in a room; said hair drying unit comprising an end device comprising a body (9); said end device comprising a first conduit (at least one of the channels in hood 9 used to blow heated air onto a person’s hair), a second conduit (at least one of the channels in hood 9 used to suction moist air into blower 1), at least one first opening (air outlet of the first conduit) in communication with said first conduit and at least one second opening (air inlet of the second conduit) in communication with said second conduit; said end device being suitable for being used in the vicinity of a user's hair;
said hair drying unit comprising a heating/dehumidification system comprising:
a frame comprising a first chamber (chamber with condenser 7, including the U-shaped bend 4) and a second chamber (3); said frame comprising a first connection inlet (inlet at the bottom of the cooling zone 2) disposed in said first chamber and a second connection inlet (inlet at the top of the cooling zone 2) disposed in said second chamber; each one of said connection inlets being in fluid communication with one of the two conduits of the end device; said frame comprising a first opening (11) that puts said first chamber in communication with a room, and a second opening (one of the openings into the chamber 3 for the refrigerant) that puts said second chamber in communication (thermal communication) with the room (the lines 13 and 16 can be positioned in the room);
connection means (tube downstream the condenser 7 and upstream the first and second conduits) suitable for putting said first connection inlet and said second connection inlet in fluid communication with the corresponding conduit of the end device;
a heat pump comprising components suitable for being crossed by a heat transfer fluid and disposed inside the boxed frame; said components comprise a condenser (7) disposed in said first chamber, an evaporator (15) disposed in said second chamber, a laminating unit (expansion valve 14) and a compressor (12).
Phipps fails to disclose:
wherein the frame is a boxed frame;
a first bi-directional electric fan disposed in said first chamber and a second bi-directional electric fan disposed in said second chamber; said electric fans being configured in such a way to generate airflows that circulate in the boxed frame; a control unit connected to said electric fans to deactivate or activate said electric fans by rotating them in either direction in such a way that the following is generated in the boxed frame:
a) an incoming airflow that passes through the second connection inlet and is conveyed towards the evaporator, and an outgoing airflow that passes through the condenser and passes through the first connection inlet; or
b) an incoming airflow that passes through the first connection inlet and is conveyed towards the condenser, and an outgoing airflow that passes through the evaporator and is conveyed into the second connection inlet.
Wang (CN 102506475 A) teaches a heat pump, comprising:
a first bi-directional electric fan (6) disposed in said first chamber (air channel 7) and a second bi-directional electric fan (10) disposed in said second chamber (air duct 11); said electric fans being configured in such a way to generate airflows; a control unit (inherently disclosed) connected to said electric fans to deactivate or activate said electric fans by rotating them in either direction in such a way that the following is generated (para. 6):
a) an incoming airflow that passes through the second connection inlet (air inlet to the evaporator 3 from duct 11) and is conveyed towards the evaporator (3), and an outgoing airflow that passes through the condenser (4) and passes through the first connection inlet (air inlet to the condenser 4 from duct 7); or
b) an incoming airflow that passes through the first connection inlet and is conveyed towards the condenser, and an outgoing airflow that passes through the evaporator and is conveyed into the second connection inlet (note: see the fans 6, 10 are bi-directional so the airflows through the ducts 7, 11 are bi-directional).
Conclusion
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/JASON LAU/ Primary Examiner, Art Unit 3762