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/Restriction
Applicant's election with traverse of the invention of Group I, readable on claims 1 through 8, in the reply filed on February 16, 2026 is acknowledged. The traversal is on the ground(s) that: (a) there is no appreciable search or examination burden on the examiner to examine the various embodiments; (b) that with respect to unity of invention, all of the independent claims 1, 9, and 17 as amended now recite a controller performing steps in common; (c) that the overlapping subject matter would result in overlapping searches; (d) that examination of all embodiments in a single application could conserve the limited resources of the Patent Office; and, (e) that filing fees charged by the Patent Office entitle applicant to a full examination of each claim presented in the present application. These are not found persuasive because: (a) the existence of a search and/or examination burden is not relevant to the determination of whether or not unity of invention exists in a national stage application such as the instant application; (b) while all of the independent claims as amended now share at least one same or corresponding features, the shared technical feature is not a special technical feature because the claims fail to make a contribution over the prior art, at least a posteriori, as evidenced hereinbelow; (c) the potential existence of overlapping searches is not relevant to the determination of whether or not unity of invention exists in national stage applications; (d) examining plural embodiments and plural inventions in a single application stretches thinner the limited resources of the Patent Office instead of conserving the same; and, (e) the filing fees charged by the Patent Office do not mandate examination of every single claim in the instant application if unity of invention is not present.
The requirement is still deemed proper and is therefore made FINAL.
Claims 9 through 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to the nonelected inventions of Group II and of Group III, there being no allowable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 drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the controller used in implementing the method steps as now recited in method claims 1 through 8 must be shown in the flow chart in Figure 7 relating to the inventive method 700 or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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.
Base claim 1 includes the limitations “switching, by the controller, to one of the first outlet port and the second outlet port based on the mode of operation and the water level indicated by the water level switch”. However, in the context of the aforementioned limitations, the verb “switching” requires an object (i.e., which element(s) is/are being switched). Therefore, it appears that one or more words are missing immediately preceding “to one of the first outlet port and the second outlet port”, thus rendering indefinite the metes and bounds of protection sought by base claim 1 and by all claims depending therefrom.
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 Guandong Kelong Electrical Equipment Co., Ltd./Huang et al. (CN 2777403 Y; made of record via IDS).
With regard to claim 1 of the instant application, Huang et al. discloses a method of operating a portable/movable air conditioner unit, the portable/movable air conditioner unit comprising a first heat exchanger or condenser 103 positioned above a second heat exchanger or evaporator 102, a controller 105, a valve 108 defining a first outlet port and a second outlet port (i.e., see flow arrows 1 and 2 at least as shown in Figure 1), the method comprising: determining, by the controller 105, a mode of operation; checking, by the controller 105, a water level switch (i.e., implicit due to disclosed water level based control) to determine a water level indicated by the water level switch; activating, by the controller 105, a water pump 104 based on the water level indicated by the water level switch; and switching, by the controller 105, to one of the first outlet port and the second outlet port based on the mode of operation and the water level indicated by the water level switch, wherein the first outlet port of the valve 108 directs fluid to a spray pipe or spray box 107 positioned above the second heat exchanger or evaporator 102 (i.e., as shown in Figure 2 at least), and wherein the second outlet port of the valve 108 directs fluid to an exterior of the portable air conditioner unit via drainage valve 110 (i.e., see claims of Huang et al.).
With regard to claim 2 of the instant application, Huang et al. discloses the method of claim 1, wherein the water level switch is inherently disposed in a base pan or water receiving disc/plate 101 of the portable air conditioning unit.
With regard to claim 3 of the instant application, Huang et al. discloses the method of claim 1, further comprising deactivating the pump 104 based on the water level indicated by the water level switch being beneath a predetermined low level.
With regard to claim 4 of the instant application, Huang et al. discloses the method of claim 1, wherein the spray pipe or spray box 107 inherently comprises a plurality of holes configured to spray fluid onto the second heat exchanger or evaporator 102.
The reference thus reads on the claims.
Allowable Subject Matter
As best can be understood in view of the indefiniteness of the claims, claims 5 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 5 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
The additional related and/or prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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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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