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 .
Claim Objections
Claim 8 is objected to because of the following informalities: “the first panel gear” and “the second panel gear” should read “a first panel gear” and “a second panel gear”. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: “the motor gear” should read “a motor gear”. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: “the second mover” should read “a second mover”. Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1: “a driving device disposed on an upper side of the base panel”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
With regards to the driving device, the corresponding structure described in the subsequent claims is an assembly comprising “a first motor”, “a first mover”, “a first gear”, “a second gear” (claim 8), “a motor gear” (claim 9), and “a second mover” (claim 14).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1, 3-4, 6-7 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (CN201448946U), referring to the English translation dated 01/06/2026.
Regarding claim 1, Wu teaches
an air conditioner (fig. 1) comprising:
a base panel (air conditioner body 1) having a first communication hole formed in one side thereof, and a second communication hole formed in another side thereof (via two rotating plates 31, a shown on fig. 3b);
a variable panel (rotatable panel 3) disposed under the base panel and changed in shape to open and close the first communication hole and the second communication hole (fig. 3a to 3b); and
a driving device 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 (“driving mechanism”) [0012], wherein the variable panel comprises:
a first variable panel disposed under the base panel to open and close the first communication hole (left rotating plate 31); and
a second variable panel disposed under the base panel to open and close the second communication hole (right rotating plate 31),
wherein the first variable panel and the second variable panel are coupled to be rotatable about a first rotating shaft between the first communication hole and the second communication hole (rotating shaft 32)
Regarding claim 3, Wu teaches the air conditioner of claim 1,
wherein the first variable panel and the second variable panel rotate about a same rotation axis (as shown on fig. 3b, about rotating shaft 32)
Regarding claim 4, Wu teaches the air conditioner of claim 1, wherein:
the first variable panel comprises a first plate disposed under the base panel so as to open and close the first communication hole (left rotating plate 31; figs. 4-7 oriented such that rotating plates 31 are located at the bottom of the system), and a first panel gear connected to the driving device to change a position of the first plate (gear 10); and
the second variable panel comprises a second plate disposed under the base panel so as to open and close the second communication hole (right rotating plate 31; figs. 4-7 oriented such that rotating plates 31 are located at the bottom of the system), and a second panel gear connected to the driving device to change a position of the second plate (rack 8)
Regarding claim 6, Wu teaches the air conditioner of claim 4, wherein:
a first pin for changing a position of the first panel gear is disposed on one side of the first panel gear (pin through middle of gear 10 as shown on fig. 4, rotates position of gear 10); and
a second pin for changing a position of the second panel gear is disposed on one side of the second panel gear (“the two ends of each connecting rod 11 are respectively hinged to the inner side of the rack 8 and each rotating plate 31” [0024]; pins for hinge between connecting rod 11 and rotating plate 31 shown on fig. 4, thus, hinge between connecting rod 11 and rack 8 would also comprise hinge pins)
Regarding claim 7, Wu teaches the air conditioner of claim 6,
wherein a first pin hole for guiding movement of the first pin and a second pin hole for guiding movement of the second pin are formed in the base panel (gear box 9 comprises an aperture to accommodate gear 10, and thus the pin of gear 10, as well as an aperture to accommodate rack 8, and thus the pins of rack 8; as shown on fig. 4)
Regarding claim 20, Wu teaches the air conditioner of claim 1,
wherein the first communication hole and the second communication hole are opened and closed simultaneously or together by the variable panel (opened simultaneously as shown on figs. 4-7)
Claim(s) 1-4 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (CN106440304A), referring to the English translation dated 01/06/2026.
Regarding claim 1, Lin teaches
an air conditioner (fig. 1) comprising:
a base panel (housing 3) having a first communication hole formed in one side thereof, and a second communication hole formed in another side thereof (below 1 and 2, fig. 3);
a variable panel (first flap 1 and second flap 2) disposed under the base panel and changed in shape to open and close the first communication hole and the second communication hole (fig. 1 to 2); and
a driving device 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 (oriented to that ref. no 3 on fig. 3 is bottom side; assembly of fig. 6), wherein the variable panel comprises:
a first variable panel disposed under the base panel to open and close the first communication hole (first flap 1); and
a second variable panel disposed under the base panel to open and close the second communication hole (second flap 2),
wherein the first variable panel and the second variable panel are coupled to be rotatable about a first rotating shaft between the first communication hole and the second communication hole (shaft 4)
Regarding claim 2, Lin teaches the air conditioner of claim 1,
wherein the variable panel comprises a hinge rotatably connecting the first variable panel and the second variable panel (hinge structure of shaft 4 shown on fig. 5)
Regarding claim 3, Lin teaches the air conditioner of claim 1,
wherein the first variable panel and the second variable panel rotate about a same rotation axis (about shaft 4)
Regarding claim 4, Lin teaches the air conditioner of claim 1, wherein:
the first variable panel comprises a first plate disposed under the base panel so as to open and close the first communication hole (first flap 1), and a first panel gear connected to the driving device to change a position of the first plate (second rack 10); and
the second variable panel comprises a second plate disposed under the base panel so as to open and close the second communication hole (second flap 2), and a second panel gear connected to the driving device to change a position of the second plate (first rack 9)
Regarding claim 20, Lin teaches the air conditioner of claim 1,
wherein the first communication hole and the second communication hole are opened and closed simultaneously or together by the variable panel (opened simultaneously as shown on figs. 1-6)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin (CN106440304A), referring to the English translation dated 01/06/2026.
Regarding claim 5, Lin teaches the air conditioner of claim 4,
wherein each of the first panel gear and the second panel gear has a gear surface formed on a circumference of an arc (circumferential gear surface of first and second racks 9 and 10, as shown on fig. 6)
Lin does not explicitly teach “wherein each of the first panel gear and the second panel gear is formed in a fan shape”. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure first and second racks 9 and 10 of Lin to have a fan shapes as these changes in configuration are a matter of design when the particular configuration result in no change in system performance. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant; applicant has not cited mechanical significance of the recited configuration to perform differently than the prior art device in the disclosure. Therefore, the claim is given no distinguishable patentability.
Claim(s) 8, 10-11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin (CN106440304A), referring to the English translation dated 01/06/2026, in view of Joong (EP2208942A2) and Park (US20180008924A1).
Regarding claim 8, Lin teaches the air conditioner of claim 1, wherein the driving device comprises:
a first motor (motor 5);
a first gear (second driven gear 8) engaged with the first panel gear (second rack 10) that changes a position of the first variable panel; and
a second gear (first driven gear 7) engaged with the second panel gear (first rack 9) that changes a position of the second variable panel
Lin does not teach
a first mover coupled to the first motor so as to move up and down;
a first gear coupled to the first mover and engaged with the first panel gear that changes a position of the first variable panel; and
a second gear coupled to the first mover and engaged with the second panel gear that changes a position of the second variable panel
Joong teaches
a first motor (drive motor 55, fig. 6);
a first mover coupled to the first motor so as to move up and down (Y-shaped rack gear 52; oriented so drive motor 55 is viewed at the top of the system);
a first gear coupled to the first mover (left rotating motor 65) and engaged with the first panel gear that changes a position of the first variable panel (left guide member 63 associated with left moving panel 46); and
a second gear coupled to the first mover (right rotating motor 65) and engaged with the second panel gear that changes a position of the second variable panel (right guide member 63 associated with right moving panel 46)
The system of fig. 6 of Joong comprises a similar panel opening and closing system of an air conditioner to that of Lin. However, the individual rotating motors 65 for each panel of Joong allow for the panels to be oriented independently of one another, as shown on figs. 7C-7D. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the driving system of Lin with the driving system of Joong, in order to effectively allow for greater customization of the system based on user preferences.
Joong describes “The rotating motor 65 and guide member 63 are mounted to the rack gear 51. The rotating motor 65 rotates the guide member 63 by a predetermined angle about the end of the guide member 63 close to the center panel 41, i.e. a coupling portion of the guide member 63 and rack gear 51, thereby rotating the bracket 61” in [0052]. However, Joong does not explicitly describe how the rotation of rotating motor 65 rotates the guide member 63, and therefore does not explicitly teach the claimed first gear, second gear, first panel gear and second panel gear. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rotating motor 65 and guide member 63 as a geared system, as taught on fig. 12 of Park comprising driving motor 500 and driving gear 502 to drive internal gear 503 and thus rotate first discharge vane 24, as the geared system would allow for an effective and reliable opening and closing system of moving panels 46. The gears associated with two rotating motors 65 of Joong, as modified by Park, would thus read on the claimed first gear and second gear and the two guide members 63 of Joong, as modified by Park, would thus read on the claimed first and second panel gears.
Regarding claim 10, Lin, as modified, teaches the air conditioner of claim 8, wherein:
the first gear is engaged with each of the first mover and the first panel gear (as shown on fig. 6 of Joong, left rotating motor 65 engaged with Y-shaped rack gear 52 and left guide member 63; as modified by Park comprise gear system); and
the second gear is engaged with each of the first mover and the second panel gear (as shown on fig. 6 of Joong, right rotating motor 65 engaged with Y-shaped rack gear 52 and right guide member 63; as modified by Park comprise gear system)
Regarding claim 11, Lin, as modified, teaches the air conditioner of claim 8, wherein the first mover comprises:
a first vertical bar having a first rack engaged with the first gear (FVB on annotated fig. 6 of Joong below; wherein FVB comprises a top surface for mounting rotating motor 65);
a second vertical bar spaced apart from the first vertical bar and having a second rack engaged with the second gear (SVB on annotated fig. 6 of Joong below; wherein SVB comprises a top surface for mounting rotating motor 65); and
a horizontal bar connecting the first vertical bar and the second vertical bar (HB on annotated fig. 6 of Joong below)
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Annotated fig. 6 of Joong
Regarding claim 14, Lin does not teach the air conditioner of claim 4, wherein the driving device comprises:
a first mover changing a shape of the variable panel;
a first motor changing a position of the first mover;
a second mover moving a position of the variable panel; and
a second motor mounted on the base panel and moving the second mover
Joong teaches
a first mover changing a shape of the variable panel (left rack gear 51, fig. 5);
a first motor changing a position of the first mover (left drive motor 55, fig. 5);
a second mover moving a position of the variable panel (right rack gear 51, fig. 5); and
a second motor mounted on the base panel and moving the second mover (right drive motor 55, fig. 5)
The system of fig. 5 of Joong comprises a similar panel opening and closing system of an air conditioner to that of Lin. However, the individual rotating motors 65 for each panel of Joong allow for the panels to be oriented independently of one another, as shown on figs. 7C-7D. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the driving system of Lin with the driving system of Joong, in order to effectively allow for greater customization of the system based on user preferences.
Joong describes “The rotating motor 65 and guide member 63 are mounted to the rack gear 51. The rotating motor 65 rotates the guide member 63 by a predetermined angle about the end of the guide member 63 close to the center panel 41, i.e. a coupling portion of the guide member 63 and rack gear 51, thereby rotating the bracket 61” in [0052]. However, Joong does not explicitly describe how the rotation of rotating motor 65 rotates the guide member 63, and therefore does not explicitly teach the claimed first panel gear and second panel gear of claim 4, from which claim 14 depends. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rotating motor 65 and guide member 63 as a geared system, as taught on fig. 12 of Park comprising driving motor 500 and driving gear 502 to drive internal gear 503 and thus rotate first discharge vane 24, as the geared system would allow for an effective and reliable opening and closing system of moving panels 46. The two guide members 63 of Joong, as modified by Park, would thus read on the claimed first and second panel gears of claim 4.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 8-12 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim of copending Application No. 18/374,105 in view of Lin (CN106440304A), referring to the English translation dated 01/06/2026, because a species will anticipate a claim to a genus. A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus. The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408,411,125 USPQ 345,347 (CCPA 1960); In re Gosteli, 872 F.2d 1008, 10 USPQ2d 1614 (Fed. Cir. 1989).
U.S. Patent Application 18/374,105
Instant Application
Claim 1. An air conditioner comprising:
Claim 1. An air conditioner comprising:
a base panel having a first communication hole formed in one side thereof, and a second communication hole formed in another side thereof;
a base panel having a first communication hole formed in one side thereof, and a second communication hole formed in another side thereof;
a variable panel disposed under the base panel and changed in shape to open and close the first communication hole and the second communication hole; and
a variable panel 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 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.
a driving device 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,
Claim 17. wherein the variable panel comprises: a first plate disposed under the base panel so as to open and close the first communication hole, and a first variable panel comprising a first panel gear connected to the driving device to change a position of the first plate; and
wherein the variable panel comprises: a first variable panel disposed under the base panel to open and close the first communication hole; and
a second plate disposed under the base panel so as to open and close the second communication hole, and a second variable panel comprising a second panel gear connected to the driving device to change a position of the second plate
a second variable panel disposed under the base panel to open and close the second communication hole
U.S. Patent Application 18/374,105 does not disclose “wherein the first variable panel and the second variable panel are coupled to be rotatable about a first rotating shaft between the first communication hole and the second communication hole” of the instant application. However, Lin (CN106440304A), referring to the English translation dated 01/06/2026, teaches
wherein the first variable panel and the second variable panel are coupled to be rotatable about a first rotating shaft between the first communication hole and the second communication hole (first flap 1 and second flap 2 rotatable about shaft 4, fig. 4-5)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the shaft 4 of Lin to U.S. Patent Application 18/374,105, in order to allow the system to open and close the first variable panel and second variable about the same shaft axis, thus reducing the components necessary to the system.
Claim 2 is taught by U.S. Patent Application 18/374,105 in view of Lin, wherein
the variable panel comprises a hinge rotatably connecting the first variable panel and the second variable panel (hinge structure of shaft 4 shown on fig. 5 of Lin)
Claim 3 is taught by U.S. Patent Application 18/374,105 in view of Lin, wherein
the first variable panel and the second variable panel rotate about a same rotation axis (shaft 4 of Lin)
U.S. Patent Application 18/374,105
Instant Application
Claim 17. The air conditioner of claim 1, wherein the variable panel comprises:
Claim 4. The air conditioner of claim 1, wherein:
a first plate disposed under the base panel so as to open and close the first communication hole, and a first variable panel comprising a first panel gear connected to the driving device to change a position of the first plate; and
the first variable panel comprises a first plate disposed under the base panel so as to open and close the first communication hole, and a first panel gear connected to the driving device to change a position of the first plate; and
a second plate disposed under the base panel so as to open and close the second communication hole, and a second variable panel comprising a second panel gear connected to the driving device to change a position of the second plate.
the second variable panel comprises a second plate disposed under the base panel so as to open and close the second communication hole, and a second panel gear connected to the driving device to change a position of the second plate
Claim 18. The air conditioner of claim 17, wherein the driving device comprises:
Claim 8. The air conditioner of claim 1, wherein the driving device comprises:
a first motor; a first mover coupled to the first motor so as to move up and down; a first gear coupled to the first mover and changing a position of the first panel gear; and
a first motor; a first mover coupled to the first motor so as to move up and down; a first gear coupled to the first mover and engaged with the first panel gear that changes a position of the first variable panel; and
a second gear coupled to the first mover and changing a position of the second panel gear.
a second gear coupled to the first mover and engaged with the second panel gear that changes a position of the second variable panel.
Claim 19. The air conditioner of claim 18, wherein the driving device further comprises a motor gear connected to a rotating shaft of the first motor, wherein the first gear is rotated in engagement with the motor gear, and
Claim 9. The air conditioner of claim 8, wherein the driving device further comprises a motor gear coupled to a rotating shaft of the first motor, wherein the first gear is rotated in engagement with the motor gear.
the first gear is engaged with each of the first mover and the first panel gear.
Claim 10. The air conditioner of claim 8, wherein: the first gear is engaged with each of the first mover and the first panel gear; and the second gear is engaged with each of the first mover and the second panel gear.
Claim 18. a second gear coupled to the first mover and changing a position of the second panel gear.
the second gear is engaged with each of the first mover and the second panel gear.
Claim 21. The air conditioner of claim 18, wherein the first mover comprises a first vertical bar having a first gear surface engaged with the first gear, a second vertical bar spaced apart from the first vertical bar and having a second gear surface engaged with the second gear, and a horizontal bar connecting the first vertical bar and the second vertical bar.
Claim 11. The air conditioner of claim 8, wherein the first mover comprises: a first vertical bar having a first rack engaged with the first gear; a second vertical bar spaced apart from the first vertical bar and having a second rack engaged with the second gear; and a horizontal bar connecting the first vertical bar and the second vertical bar.
Claim 20. The air conditioner of claim 19, wherein the first gear comprises a first inner gear engaged with each of the motor gear and the first mover, and a first outer gear engaged with the first panel gear, wherein the first inner gear and the first outer gear are rotated together about a same rotation axis.
Claim 12. The air conditioner of claim 8, wherein the first gear comprises a first inner gear engaged with each of the motor gear and the first mover, and a first outer gear engaged with the first panel gear, wherein the first inner gear and the first outer gear are rotated together about a same rotation axis.
Claim 23. The air conditioner of claim 1, wherein the first communication hole and the second communication hole may be opened and closed simultaneously or together by the variable panel.
Claim 20. The air conditioner of claim 1, wherein the first communication hole and the second communication hole are opened and closed simultaneously or together by the variable panel.
This is a provisional nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 9, 12-13 and 15-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims (claims 9 and 12 are additionally allowable contingent upon overcoming the double patenting rejections). The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, the subject matter not found includes “wherein the driving device further comprises a motor gear coupled to a rotating shaft of the first motor, wherein the first gear is rotated in engagement with the motor gear”, in combination with the other elements of claims 1 and 8 from which claim 9 depends. The closest art of record is Lin in view of Joong and Park, as applied in the office action, however a modification to include this additional claim language would have been non-obvious to one of ordinary skill in the art. No other prior art was found to teach the claim in its entirety.
Regarding claim 12, the subject matter not found includes “wherein the first gear comprises a first inner gear engaged with each of the motor gear and the first mover, and a first outer gear engaged with the first panel gear, wherein the first inner gear and the first outer gear are rotated together about a same rotation axis”, in combination with the other elements of claims 1 and 8 from which claim 12 depends. The closest art of record is Lin in view of Joong and Park, as applied in the office action, however a modification to include this additional claim language would have been non-obvious to one of ordinary skill in the art. No other prior art was found to teach the claim in its entirety.
Regarding claim 13, the subject matter not found includes “wherein the second gear comprises a second inner gear engaged with the second mover, and a second outer gear engaged with the second panel gear, wherein the second inner gear and the second outer gear are rotated together about a same rotation axis”, in combination with the other elements of claims 1 and 8 from which claim 13 depends. The closest art of record is Lin in view of Joong and Park, as applied in the office action, however a modification to include this additional claim language would have been non-obvious to one of ordinary skill in the art. No other prior art was found to teach the claim in its entirety.
Regarding claim 15, the subject matter not found includes “a first pin disposed on one side of the first panel gear and guiding a change of position of the first plate or movement of position of the first plate; a second pin disposed on one side of the second panel gear and guiding a change of position of the second plate or movement of position of the second plate; and a third pin coupled to the first variable panel or the second variable panel in a direction in which the first rotating shaft extends, and guiding movement of position of the variable panel”, in combination with the other elements of claims 1, 4 and 14 from which claim 15 depends. The closest art of record is Lin in view of Joong and Park, as applied in the office action, however a modification to include this additional claim language would have been non-obvious to one of ordinary skill in the art. No other prior art was found to teach the claim in its entirety.
Claims 16-19 are indicated as allowable subject matter based on their dependence to claim 15.
Conclusion
The prior art of record not relied upon includes:
Yabu (US20090098820A1), Kim (EP2208943A1), Kang (US20170067681A1), Kim2020 (EP3730845A1), Chel (CN101231025A), and Lin (CN106247592A), which teach similar air conditioner arrangements to that claimed
Ohnishi (WO9822758A1), which teaches a refrigerator damper system with a similar gear arrangement to that claimed
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/BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762