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 of Application
Claims 1-22 are pending in this application. Applicant's election with traverse of Group I & Species A in the reply filed on 03/16/2026 is acknowledged. The traversal is on the ground(s) that all groups and species can be searched without undue burden on the Examiner. This is not found persuasive because all species have specifically claimed different mechanisms that require different search and different prior art. The Examiner notes that Claims 7-21 are directed toward unelected Groups and/or Species and are therefore withdrawn. Claims 1-6 & 22 are examined in this communication.
The requirement is still deemed proper and is therefore made FINAL.
This communication is the first action on the merits. The Information Disclosure Statement (IDS) filed on 09/28/2023 & 05/07/2024 have been considered by the Examiner.
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.
Claim(s) 1-6 & 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2010249338A to Hayashi.
A) As per Claim 1, Hayashi teaches an air conditioner (Hayashi: Figure 1) comprising:
a base panel (Hayashi: Figures 1 & 3, Item 11) having a first communication hole (Hayashi: Figures 1 & 3, Item 11a) formed in one side thereof, and a second communication hole (Hayashi: Figures 1 & 3, Item 11b) formed in another side thereof;
a variable panel (Hayashi: Figures 1 & 3, Item 20, shape change shown in Figure 6) disposed under the base panel and changed in shape to open and close the first communication hole and the second communication hole; and
a driving device (Hayashi: Figures 1 & 4, Items 13 & 14 with motors attached to shafts [pg. 2, Paragraph 3 of Description of Embodiments]) disposed on an upper side of the base panel and changing a position of one side of the variable panel in an up-down direction, so that the variable panel is changed in shape, wherein the variable panel comprises:
a first cover part (Hayashi: Figures 1, 3 & 6, Item 21) disposed under the base panel to open and close the first communication hole;
a second cover part (Hayashi: Figures 1, 3 & 6, Item 23) disposed under the base panel to open and close the second communication hole; and
a variable part (Hayashi: Figures 1, 3 & 6, Items 22, 24 & 25) disposed between the first cover part and the second cover part, and changing an inclination angle of the first cover part and the second cover part.
B) As per Claim 2, Hayashi teaches that the variable part is made of a deformable material, wherein when the inclination angle of the first cover part and the second cover part is changed, a shape of the variable part is changed (Hayashi: flexible resin [pg. 2, Paragraph 0004 of Description of Embodiments], hinges at 24 & 25 to change shape from Figure 3 to Figure 6).
C) As per Claim 3, Hayashi teaches that one side of the variable part is movably coupled to the base panel (Hayashi: Figures 3 & 6, inside of Items 22, 24 & 25 are moveably coupled to base).
D) As per Claim 4, Hayashi teaches that the driving device is configured to change a shape of the variable panel or to move a position of the variable panel (Hayashi: Figures 1 & 4, Items 13 & 14 with motors attached to shafts [pg. 2, Paragraph 3 of Description of Embodiments]).
E) As per Claim 5, Hayashi teaches that the driving device comprises a first driving device configured to change a shape of the variable panel, and a second driving device configured to move a position of the variable panel (Hayashi: Figures 1 & 4, Items 13 & 14 with motors attached to shafts [pg. 2, Paragraph 3 of Description of Embodiments], The Examiner notes that all motors both move a position of the panela and change its shape).
F) As per Claim 6, Hayashi teaches that the driving device comprises a pair of first movers that move up and down so as to adjust the inclination angle of each of the first cover part and the second cover part (Hayashi: Figures 1 & 4, Items 13 & 14 with motors attached to shafts [pg. 2, Paragraph 3 of Description of Embodiments]).
G) As per Claim 22, Hayashi teaches that the first communication hole and the second communication hole are opened and closed simultaneously or together by the variable panel (Hayashi: shown in Figures 3 & 6, both opened and closed together).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A) JP6619224B2 to Fujimoto
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN SCHULT whose telephone number is (571)272-8511. The examiner can normally be reached M-F 9AM-5PM.
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/Allen R. B. Schult/Primary Examiner, Art Unit 3762
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