Prosecution Insights
Last updated: April 19, 2026
Application No. 18/375,086

OUTDOOR CABINET WITH PROTECTIVE DAMPER

Non-Final OA §103
Filed
Sep 29, 2023
Examiner
FAULKNER, RYAN L
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Delta Electronics Inc.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
84%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
207 granted / 306 resolved
-2.4% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
38 currently pending
Career history
344
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
31.6%
-8.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 306 resolved cases

Office Action

§103
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/Restrictions Applicant's election with traverse of Invention I (to cover claims 1-10) in the reply filed on 01/22/2026 is acknowledged. The traversal is on the ground(s) that the cited classification does not fir the application. This is not found persuasive because the application pertains to an outdoor cabinet with a protective damper, of which the metes and bounds of such a thing are broad, as there are more than one use for an outdoor cabinet with a protective damper, and the Examiner has outlined the search burden in the Restriction Requirement dated12/04/2025. The requirement is still deemed proper and is therefore made FINAL. 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. Claims 1-2 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (US 2016/0302326), hereinafter referred to as Chen, in view of Wu (CN101634477). Regarding claim 1, Chen (US 2016/0302326) shows an outdoor cabinet with a protective damper comprising: a cabinet comprising an air inlet (231, Fig. 6) and an air outlet (241, Fig. 6), wherein the cabinet comprises of a first cabinet lateral wall opposite a second cabinet lateral wall (Fig. 1/4, Fig. 4 shows the structure on the second lateral wall, with Fig. 1 detailing the enclosure 1, of which the Examiner is using the broadest reasonable interpretation to understand the device is to comprise of an opposite, first cabinet lateral wall, as the main purpose of the device is to contain and control the airflow within), wherein the air inlet (231, Fig. 6) is disposed on the second cabinet lateral wall of the cabinet (Fig. 1/4/5), the air outlet (241, Fig. 6) is disposed on a second cabinet lateral wall of the cabinet (Fig. 5 – the air outlet is disposed on a second cabinet lateral wall, as shown in Fig. 5), and the first cabinet lateral wall and the second cabinet lateral wall are corresponding to each other (Fig. 1/4 – the first cabinet lateral wall and the second cabinet lateral wall are corresponding to each other); an active damper disposed on the first cabinet lateral wall and arranged adjacent to the air inlet; and a passive damper (5, Fig. 5, ¶0042 – elements 5 will be lifted by the airflow blown from the exhaust port 241 by the exhaust fan 24, meaning, when the air is not blown by the fan, the dampers 5 shut by the lack of air pressure inside the enclosure, performing the function of a passive damper) disposed on the second cabinet lateral wall (Fig. 5) and comprising an exhaust fan (24, Fig. 5) and a damper blade (5, Fig. 5/6), wherein the exhaust fan is disposed adjacent to the air outlet (Fig. 5), and the damper blade is disposed outside the air outlet (Fig. 5 – the damper blades 5 are disposed outside of the air outlet 241) for closing or opening the air outlet (Fig. 5/6), wherein the exhaust fan (24, Fig. 5) is operated to generate a heat-dissipation airflow flowing inside the cabinet (11, Fig. 6) from the air inlet to the air outlet (Fig. 6), and the damper blade allows the heat-dissipation airflow to be discharged from the air outlet (Fig. 6); wherein when a wind pressure outside the cabinet is greater than a wind pressure inside the cabinet and a reverse airflow is generated, the reverse airflow drives the damper blade to close the air outlet for protecting electronic devices (¶0002) installed in the cabinet (Fig. 5/6, ¶0042 - elements 5 will be lifted by the airflow blown from the exhaust port 241 by the exhaust fan 24, meaning, when the air is not blown by the fan, the dampers 5 shut by the lack of air pressure inside the enclosure, performing the function of a passive damper; to which, when a wind pressure outside the cabinet is greater than a wind pressure inside the cabinet and a reverse airflow is generated, the reverse airflow drives the damper blade to close the air outlet for protecting electronic devices, as detailed in ¶0002, that the cabinet is for electronic equipments installed in the cabinet). However, Chen lacks showing wherein the air inlet is disposed on a first cabinet lateral wall of the cabinet, the air outlet is disposed on a second cabinet lateral wall of the cabinet, and an active damper disposed on the first cabinet lateral wall and arranged adjacent to the air inlet. Wu (CN101634477), a ventilated enclosure with dampers, is in the same field of endeavor as Chen which is a ventilated enclosure with dampers. Wu teaches wherein the air inlet (50, Fig. 2, ¶0029) is disposed on a first cabinet lateral wall (Fig. 2) of the cabinet (Fig. 2), the air outlet (244, Fig. 2) is disposed on a second cabinet lateral wall of the cabinet (Fig. 2), an active damper (52, ¶0029) disposed on the first cabinet lateral wall and arranged adjacent to the air inlet (Fig. 2, ¶0029). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air inlet and the first cabinet lateral wall of Chen to incorporate the teachings of the air inlet and active damper of Wu, which would provide a heat exchanging system that can compensate for insufficient dissipation capacity of high end communication devices and their environments (¶0010). Regarding claim 2, Chen shows further comprising a cover (22, Fig. 5) covering the air outlet of the cabinet (Fig. 5) and collaboratively forming an air-guiding channel (see Annotated Figure 1) with the second cabinet lateral wall (Fig. 5), wherein the air-guiding channel is communicated up and down (see Annotated Figure 1), and includes an upper part of the air-guiding channel in communication with an accommodation space (11, Fig. 1/5/6, see Annotated Figure 1) in the cabinet through the air outlet (Fig. 6), and a lower part of the air-guiding channel in communication with an outdoor environment outside the cabinet through a vent (222, Fig. 6, see Annotated Figure 1), wherein the passive damper is disposed in the air-guiding channel (Fig. 5, see Annotated Figure 1). PNG media_image1.png 622 590 media_image1.png Greyscale Annotated Figure 1 Regarding claim 10, Chen shows elements of the claimed invention as stated above in claim 1 including the air inlet. However, Chen lacks showing wherein the active damper further comprises an inflow fan arranged adjacent to the air inlet. Wu teaches wherein the active damper (52, Fig. 2) further comprises an inflow fan (40, Fig. 2) arranged adjacent to the air inlet (Fig. 2 – the inflow fan 40 is arranged adjacent to the air inlet). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air inlet and the first cabinet lateral wall of Chen to incorporate the teachings of the air inlet and active damper of Wu, which would provide a heat exchanging system that can compensate for insufficient dissipation capacity of high end communication devices and their environments (¶0010). Allowable Subject Matter Claim 3 is 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN L FAULKNER whose telephone number is (469)295-9209. The examiner can normally be reached M-F: 9-7, Every other F: Flex. 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, Michael Hoang can be reached at 571-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RYAN L FAULKNER/Examiner, Art Unit 3762 /AVINASH A SAVANI/Primary Examiner, Art Unit 3762
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Prosecution Timeline

Sep 29, 2023
Application Filed
Mar 06, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601521
AIR CONDITIONING AND VENTILATING DEVICE
2y 5m to grant Granted Apr 14, 2026
Patent 12601508
AIR CONDITIONER
2y 5m to grant Granted Apr 14, 2026
Patent 12595952
A BAFFLE ASSEMBLY FOR A REFRIGERATION CONTAINER
2y 5m to grant Granted Apr 07, 2026
Patent 12595931
FLOWGUIDE GRILLE, AIR CONDITIONER AND ENERGY STORAGE DEVICE
2y 5m to grant Granted Apr 07, 2026
Patent 12590727
STANDOFF FOR DUCTWORK DAMPER ASSEMBLY, DUCTWORK DAMPER ASSEMBLY INCORPORATING SAME AND METHOD OF ASSEMBLING DUCTWORK DAMPER ASSEMBLY
2y 5m to grant Granted Mar 31, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
84%
With Interview (+16.5%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 306 resolved cases by this examiner. Grant probability derived from career allow rate.

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