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 .
Response to Amendment
This Office action is in response to the reply filed on July 21, 2026.
Receipt and entry of the replacement sheet for Figure 7 of the drawings and of the amended claims filed on July 21, 2026 are acknowledged.
Claims 1 through 4, 6 through 12, and 14 through 18 remain pending, all as amended either directly or indirectly. Claims 9 through 12 and 14 through 18 remain withdrawn as noted in greater detail below.
The indicated allowability of claim 5 as set forth in the previous Office action is withdrawn in view of careful reconsideration of the reference to CN 115435405 A (Chen et al.) in view of the entire file wrapper history of the instant application. Rejections based on the above cited reference follow.
Response to Arguments
Applicant’s reply filed on July 21, 2026 has obviated the objection to the drawings as cited in the previous Office action.
While applicant’s amendments to the claims filed with the aforementioned reply have obviated the indefiniteness rejections of the claims under 35 U.S.C. 112(b) as cited in the previous Office action, applicant’s amendments to the claims have introduced new indefiniteness issues in the claims as noted in greater detail hereinbelow.
Applicant’s remarks related to the allowability of the claims over the prior art of record due to the incorporation of the subject matter of claim 5 into base claim 1 have been considered but are moot because of the withdrawal of the indicated allowability of claim 5 via the instant Office action as previously noted in the instant Office action.
Election/Restriction
Claims 9 through 12 and 14 through 18 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to the nonelected inventions of Group II and of Group III, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on February 16, 2026.
Drawings
The replacement drawing for Figure 7 were received on July 21, 2026. These drawing is acceptable.
Claim Objections
Claims 1 through 4 and 6 through 8 are objected to because of the following informalities: “by the controller” [claim 1, line 5; claim 1, line 8; claim 1, line 10; claim 1, line 12] should be replaced with “via the controller” for improved readability and grammatical/idiomatic correctness. Appropriate correction is required.
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 through 4 and 6 through 8 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “determining, by the controller, a mode of operation”, and the claim also recites “wherein determining the mode of operation comprises determining that the portable air conditioner unit is operating in one of a heating mode and a cooling mode” which is the narrower statement of the range/limitation. The claims are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Any claim not specifically mentioned is rejected at least as being dependent on a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
As best can be understood in view of the indefiniteness of the claims, claims 1 through 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 115435405 A (Chen et al.). An English language translation by Clarivate Analytics of the Chen et al. reference is cited on the attached PTO-892 and a copy is being provided with the instant Office action and is relied upon in the prior art rejection that follows.
With regard to claim 1 of the instant application, Chen et al. discloses a method of operating a portable/mobile air conditioner unit 1, the portable/movable air conditioner unit 1 comprising: a first heat exchanger or evaporator 11 (i.e., with a first spray pipe 16 along the same; note that Figure 1 of Chen et al. appears to contain a typo in that the top instance of reference character 12 should instead be reference character 11 in order to be consistent with the descriptive material throughout Chen et al. and with Figures 2, 3, and 6) positioned above a second heat exchanger or evaporator 12 (i.e., with a second spray pipe 17 arranged along the same as shown in Figure 1); a controller or control main board (i.e., as referenced throughout the specification and claims of Chen et al.); a driving mechanism 152 including a valve core 153 (i.e., as shown in Figure 5) defining outlet ports 1512 (i.e., connected to the first spray pipe 16), 1513 (i.e., connected with the second spray pipe 17), and 1514 (i.e., connected with the air channel outlet 13 for supplying fluid to an exterior). Chen et al. (especially claims 1 through 13 and Figures 1 through 7), further discloses the method as comprising: determining, by the controller or control main board, a mode of operation of the portable air conditioner unit 1, wherein determining the mode of operation comprises determining that the portable air conditioner unit 1 is operating in one of a heating mode and a cooling/refrigeration mode (i.e., see claims 11 through 13 of Chen et al.); checking, by the controller or control main board, a water level switch or liquid level switch or water level detection device 182 to determine a water level in the water storage tank 181; activating, by the controller or control main board, a water pump (i.e., at least broadly readable on the atomizing device 14 of Chen et al. in that the atomizing device 14 of Chen et al. along with its blades 143 4, pumps/supplies water to the respective spraying pipes 16 and 17 based on the water level indicated by the water level switch or water level detection device 182; and switching, by the controller or control main board, to at least one of the first outlet port 1512 and the second outlet port 1514 based on the mode of operation and the water level indicated by the water level switch or water level detection device 182 (i.e., see at least claims 1 through 13 of Chen et al.), wherein the first outlet port 1512 of the valve or driving mechanism 152 directs fluid to a spray pipe 16 positioned above the second heat exchanger or evaporator 12 (i.e., see at least Figure 2, 5, and 6), and wherein the second outlet port 1514 of the valve or driving mechanism 152 directs fluid to an exterior of the portable air conditioner unit 1 via the air channel outlet 13.
With regard to claim 2 of the instant application, Chen et al. discloses the method of claim 1, wherein the water level switch or liquid level switch or water level detection device 182 for determining a water level in the water storage tank 181 is disposed in a base pan or water storage tank 181 of the portable air conditioning unit 1 (i.e., at least as shown in Figure 3).
With regard to claim 3 of the instant application, Chen et al. discloses the method of claim 1, further comprising deactivating the pump or atomizing device 14 based on the water level indicated by the water level switch or water level detection device 182 being beneath a predetermined low level (i.e., as noted throughout the specification of Chen et al.).
With regard to claim 4 of the instant application, Chen et al. discloses the method of claim 1, wherein the spray pipe 17 comprises a plurality of channels connected with a plurality of holes (i.e., nozzles with inherent through holes or through passages) configured to spray fluid onto the second heat exchanger or evaporator 12 (i.e., see at least claims 6 and 7 of Chen et al.).
The reference thus reads on the claims.
Allowable Subject Matter
As best can be understood in view of the indefiniteness of the claims, claims 6 through 8 would be allowable if rewritten without patentably significant broadening to overcome the rejections 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: the prior art of record does not show nor reasonably suggest the particulars of the method steps as recited in claims 6 through 8 of the instant application (i.e., in combination with the limitations of the base claim and any intervening claims of the instant application).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LJILJANA V CIRIC whose telephone number is (571)272-4909. The examiner can normally be reached Monday-Saturday, flexible.
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/Ljiljana V. Ciric/Primary Examiner, Art Unit 3763
LJILJANA (Lil) V. CIRIC
Primary Examiner
Art Unit 3763
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