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 .
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.
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.
Claim 11 is 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.
Claim 11 recites the limitation "the same shape" in line 2.
There is insufficient antecedent basis for this limitation in the claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5-11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-20180089623 (hereinafter KR ‘623) in view of Kawashima et al (US 20240247824; hereinafter Kawashima), KR 10-2147675 (hereinafter KR ‘675), KR 10-1140705 (KR ‘705) and KR 20200002452 (hereinafter KR ‘452).
As regarding claim 1, discloses the claimed invention for a ventilation apparatus (2, 10) comprising: a housing (11) comprising an intake flow path (4, 5, B) configured to draw outdoor air into an indoor space and a discharge flow path (3, A) configured to discharge indoor air to the outside; a cover covering the housing; a total heat exchanger (1) configured to exchange heat between air flowing in the intake flow path (B) and air flowing in the discharge flow path (A); and a dehumidification unit (20) comprising a heat exchanger provided on the intake flow path and configured to remove moisture in the air flowing in the intake flow path and a drain tray (26) configured to collect condensate generated from the heat exchanger ([0023]-[0024], [0031], claim 1; figs. 1-2 and 5),
KR ‘623 does not disclose the dehumidification unit provided on the intake flow path. Kawashima teaches the dehumidification unit provided on the intake flow path. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide the dehumidification unit provided on the intake flow path as taught by Kawashima in order to remove moisture from outdoor air before it is supplied to an indoor space, thereby preventing an increase in indoor humidity and improve energy efficiency.
Alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide the dehumidification unit provided on the intake flow path in order to remove moisture from outdoor air before it is supplied to an indoor space, thereby preventing an increase in indoor humidity and improve energy efficiency, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
KR ‘623 as modified does not disclose wherein the housing comprises: a first housing; and a second housing coupled to the first housing in an up-down direction. KR ‘675 teaches wherein the housing (1) comprises: a first housing; and a second housing coupled to the first housing in an up-down direction (figs. 2-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the housing comprises: a first housing and a second housing coupled to the first housing in an up-down direction as taught by KR ‘675 in order to modularize the housing structure, thereby improving assembly efficiency, service accessibility, and internal space utilization.
KR ‘623 as modified does not disclose a first hole asymmetrically formed on one surface of the housing with respect to a center line of the one surface extending in a long axis direction and a short axis direction of the one surface and configured to allow the drain tray and the total heat exchanger to be withdrawn from the outside of the housing; and a second hole disposed on the other surface of the housing and having a shape corresponding to the first hole in the up-down direction. KR ‘705 teaches a first hole (rectangular opening 23) asymmetrically formed on one surface of the housing with respect to a center line of the one surface extending in a long axis direction and a short axis direction of the one surface and configured to allow the drain tray and the total heat exchanger to be withdrawn from the outside of the housing; and a second hole (rectangular opening 24) disposed on the other surface of the housing and having a shape corresponding to the first hole in the up-down direction {upper and lower openings (23, 24) for attaching and detaching the heat transfer 70 are respectively formed in the upper and lower surfaces of first and second outer cases (10, 20), which together define the external appearance ([0025], [0029] and fig. 1)}. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a first hole asymmetrically formed on one surface of the housing with respect to a center line of the one surface extending in a long axis direction and a short axis direction of the one surface and configured to allow the drain tray and the total heat exchanger to be withdrawn from the outside of the housing; and a second hole disposed on the other surface of the housing and having a shape corresponding to the first hole in the up-down direction as taught by KR ‘705 in order to allow internal components to be attached and detached from outside the housing while maintaining a compact structure and structural integrity of the housing.
KR ‘623 as modified does not disclose wherein the cover comprises a first cover forming a lower portion of the cover and a second cover coupled to the first cover in the up-down direction and forming an upper portion of the cover, and wherein one of the first housing and the second housing is covered by the first cover, and an other one of the first housing and the second housing is covered by the second cover. KR ‘452 teaches wherein the cover comprises a first cover forming a lower portion of the cover and a second cover coupled to the first cover in the up-down direction and forming an upper portion of the cover, and wherein one of the first housing and the second housing is covered by the first cover, and an other one of the first housing and the second housing is covered by the second cover (annotated fig. 2).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the cover comprises a first cover forming a lower portion of the cover and a second cover coupled to the first cover in the up-down direction and forming an upper portion of the cover, and wherein one of the first housing and the second housing is covered by the first cover, and an other one of the first housing and the second housing is covered by the second cover as taught by KR ‘452 in order to enable selective access to the housing while improving modularity, ease of assembly, and maintenance efficiency.
KR ‘623, Kawashima, KR ‘675, KR ‘705 and KR ‘452 are each directed to a ventilation device.
As regarding claim 5, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention for wherein the housing comprises a first intake port (4a) disposed on one side of the housing configured to allow air to be introduced into the intake flow path (B), a first discharge port (5a) disposed on an other side opposite to the one side of the housing configured to allow air flowing in the intake flow path to be discharged to the outside of the housing, a second intake port (2a) disposed on an other side of the housing configured to allow air to be introduced into the discharge flow path, and a second discharge port (3a) disposed on the one side of the housing configured to allow air flowing in the discharge flow path to be discharged to the outside of the housing.
KR ‘623 as modified does not disclose wherein the total heat exchanger is disposed closer to the one side of the housing than an other side of the housing based on a center line extending from a center of the one side and the other side of the housing in a direction in which the one side and the other side of the housing extend. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the total heat exchanger is disposed closer to the one side of the housing than an other side of the housing based on a center line extending from a center of the one side and the other side of the housing in a direction in which the one side and the other side of the housing extend in order to facilitate removal and servicing the total heat exchanger through an asymmetrically positioned housing opening while optimizing internal space and airflow, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
As regarding claim 6, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention for wherein the first hole (KR ‘705 - 23) comprises a first area through which the total heat exchanger (2) is configured to be withdrawn and a second area through which the drain tray (26) is configured to be withdrawn.
KR ‘623 as modified does not disclose wherein the first area is disposed closer to the one side of the housing than an other side of the housing based on the center line extending from the center of the one side and the other side of the housing in the direction in which the one side and the other side of the housing extend. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the first area is disposed closer to the one side of the housing than an other side of the housing based on the center line extending from the center of the one side and the other side of the housing in the direction in which the one side and the other side of the housing extend in order to align the first area with an asymmetrically positioned housing opening, thereby facilitating component removal and maintenance while optimizing space and functional separation, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
As regarding claim 7, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention for wherein the housing comprises a first intake chamber (4) forming one portion of the intake flow path and formed between the first intake port and the total heat exchanger, a second intake chamber (5) forming an other portion of the intake flow path and formed between the total heat exchanger and the first discharge port, a first exhaust chamber (2) forming one portion of the discharge flow path and formed between the second intake port and the total heat exchanger, and a second exhaust chamber (3) forming an other portion of the discharge flow path and formed between the total heat exchanger and the second discharge port, and the dehumidification unit is disposed in the second intake chamber (for reasons discussed in the rejection of claim 1 above).
As regarding claim 8, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention except for wherein the second intake chamber has a larger internal space than the first intake chamber, the first exhaust chamber, and the second exhaust chamber. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the second intake chamber has a larger internal space than the first intake chamber, the first exhaust chamber, and the second exhaust chamber in order to provide sufficient airflow volume to reduce resistance and turbulence, enhance heat exchange efficiency, accommodate internal components, and improve condensate management, since such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (or dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC System, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
As regarding claim 9, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention for each of the upper housing and the lower housing forms an indoor air inlet port (KR ‘705 - 11), and indoor air discharge port (KR ‘705 - 12), an outdoor air inlet port (KR ‘705 - 13), and an outdoor air discharge port (KR ‘705 - 14; [0036] and figs. 3-5).
However, KR ‘623 as modified does not disclose wherein the first housing comprises a first intake port forming part forming one portion of the first intake port, a first discharge port forming part forming one portion of the first discharge port, a second intake port forming part forming one portion of the second intake port, and a second discharge port forming part forming one portion of the second discharge port, the second housing comprises a first intake port forming part forming an other portion of the first intake port, a first discharge port forming part forming an other portion of the first discharge port, a second intake port forming part forming an other portion of the second intake port, and a second discharge port forming part of an other portion of the second discharge port, and the first discharge port forming part of the first housing and the first discharge port forming part of the second housing, the first intake port forming part of the first 50 housing and the first intake port forming part of the second housing, the second discharge port forming part of the first housing and the second discharge port forming part of the second housing, and the second intake port forming part of the first housing and the second intake port forming part of the second housing are formed symmetrically in the up-down direction, respectively. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the first housing comprises a first intake port forming part forming one portion of the first intake port, a first discharge port forming part forming one portion of the first discharge port, a second intake port forming part forming one portion of the second intake port, and a second discharge port forming part forming one portion of the second discharge port, the second housing comprises a first intake port forming part forming an other portion of the first intake port, a first discharge port forming part forming an other portion of the first discharge port, a second intake port forming part forming an other portion of the second intake port, and a second discharge port forming part of an other portion of the second discharge port, and the first discharge port forming part of the first housing and the first discharge port forming part of the second housing, the first intake port forming part of the first housing and the first intake port forming part of the second housing, the second discharge port forming part of the first housing and the second discharge port forming part of the second housing, and the second intake port forming part of the first housing and the second intake port forming part of the second housing are formed symmetrically in the up-down direction, respectively in order to ensure precise alignment of intake and discharge ports across the stacked housings, thereby facilitating modular assembly, uniform airflow distribution, and efficient maintenance, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
As regarding claim 10, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention for a first blower (8) configured to flow air in the intake flow path (B) and a second blower (7) configured to flow air in the discharge flow path (A), wherein the first blower is configured to communicate with the first discharge port (5a), and the second blower is configured to communicate with the second discharge port (3a).
As regarding claim 11, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention except for wherein the first discharge port forming part of the first housing and the second discharge port forming part of the first housing have the same shape. However, the shape of a structural feature is considered a matter of choice which a person of ordinary skill in the art before the effective filing date of the invention was made would find obvious absent persuasive evidence that particular configuration is significant, see In re Dailey, 149 USPQ 47.
As regarding claim 15, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention for wherein the housing comprises an insulation material (KR ‘452 - [0033]).
Alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the housing comprises an insulation material in order to enhance ventilation apparatus performance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-20180089623 (hereinafter KR ‘623) in view of Kawashima et al (US 20240247824; hereinafter Kawashima), KR 10-2147675 (hereinafter KR ‘675), KR 10-1140705 (KR ‘705) and KR 20200002452 (hereinafter KR ‘452) and further in view of KR 10-20200079060 (hereinafter KR ‘060).
As regarding claim 2, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention except for a filter disposed on the intake flow path and configured to remove foreign substances in air flowing to the total heat exchanger, wherein the filter is configured to be withdrawn to the outside of the housing through the first hole. KR ‘060 teaches a filter (60) disposed on the intake flow path (30) and configured to remove foreign substances in air flowing to the total heat exchanger (50), wherein the filter is configured to be withdrawn to the outside of the housing through the first hole ([0036], [0040] and fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a filter disposed on the intake flow path and configured to remove foreign substances in air flowing to the total heat exchanger, wherein the filter is configured to be withdrawn to the outside of the housing through the first hole as taught by KR ‘060 in order to remove foreign substances from intake air to protect the total heat exchanger, improve indoor air quality, maintain airflow efficiency, and allow easy maintenance through the housing opening.
As regarding claim 3, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention for wherein the housing comprises a first intake port configured to allow air to be introduced into the intake flow path and a first discharge port configured to allow the air flowing in the intake flow path to be discharged to the outside of the housing, wherein the filter (KR ‘060 - 60) is positioned closer to the first intake port (KR ‘060 – 31; figs. 1-2) than an intake end of the total heat exchanger disposed on the intake flow path and disposed to be parallel to and in close contact with the intake end of the total heat exchanger disposed on the intake flow path.
As regarding claim 4, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention for wherein the total heat exchanger has a square cross section (KR ‘705 – 70; [0025], [0029] and fig. 1).
KR ‘623 as modified does not disclose the first hole comprises a first area in which the total heat exchanger and the filter are configured to be withdrawn and a second area in which the drain tray is configured to be withdrawn, and the first area has a rectangular shape. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide the first hole comprises a first area in which the total heat exchanger and the filter are configured to be withdrawn and a second area in which the drain tray is configured to be withdrawn, and the first area has a rectangular shape in order to efficiently collect condensate, prevent leakage onto other components, and allow the drain tray to be withdrawn independently for maintenance while optimizing internal space, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over KR 10-20180089623 (hereinafter KR ‘623) in view of Kawashima et al (US 20240247824; hereinafter Kawashima), KR 10-2147675 (hereinafter KR ‘675), KR 10-1140705 (KR ‘705) and KR 20200002452 (hereinafter KR ‘452) and further in view of JP 5576327 (hereinafter JP ‘327).
As regarding claim 12, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention except for a humidification unit including a humidifier detachably disposed on the intake flow path and configured to supply moisture in the air flowing in the intake flow path, wherein the dehumidification unit is detachably disposed on the intake flow path, and one of the humidification unit and the dehumidification unit is selectively disposed on the intake flow path. JP ‘327 teaches a humidification unit (4) including a humidifier (8) detachably disposed on the intake flow path and configured to supply moisture in the air flowing in the intake flow path, wherein the dehumidification unit is detachably disposed on the intake flow path, and one of the humidification unit and the dehumidification unit is selectively disposed on the intake flow path ([0007], claim 1, and fig. 18). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a humidification unit including a humidifier detachably disposed on the intake flow path and configured to supply moisture in the air flowing in the intake flow path, wherein the dehumidification unit is detachably disposed on the intake flow path, and one of the humidification unit and the dehumidification unit is selectively disposed on the intake flow path as taught by JP ‘327 in order to selectively control moisture in intake air for maintaining comfortable indoor humidity, improving air quality, and enabling easy maintenance and flexible system configuration.
Claim(s) 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-20180089623 (hereinafter KR ‘623) in view of Kawashima et al (US 20240247824; hereinafter Kawashima), KR 10-2147675 (hereinafter KR ‘675), KR 10-1140705 (KR ‘705) and KR 20200002452 (hereinafter KR ‘452) and further in view of KR 10-2018-0051179 (hereinafter KR ‘179).
As regarding claim 13, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention except for wherein the first cover comprises a body part and a surface part detachably coupled to the body part and facing an other surface of the housing, and the surface part comprises a third hole having a shape corresponding to the first hole in the up-down direction. KR ‘179 teaches wherein the first cover comprises a body part and a surface part (13) detachably coupled to the body part and facing an other surface of the housing, and the surface part comprises a third hole (14) having a shape corresponding to the first hole in the up-down direction. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the first cover comprises a body part and a surface part detachably coupled to the body part and facing an other surface of the housing, and the surface part comprises a third hole having a shape corresponding to the first hole in the up-down direction as taught by KR ‘179 in order to provide detachable, precisely aligned access to internal components while maintaining structural integrity, supporting modularity, and facilitating maintenance.
As regarding claim 14, KR ‘623 as modified discloses all of limitations as set forth above. KR ‘623 as modified discloses the claimed invention except for wherein the surface part (KR ‘179 - 13) comprises a first surface (KR ‘179 – top of 13 of fig. 4) facing an other surface of the housing and a second surface (KR ‘179 – bottom of 13) disposed on an opposite side of the first surface, the first surface is coupled to the body part to face the first housing based on the first housing being covered by the first cover, and the second surface is coupled to the body part to face the second housing based on the second housing being covered by the first cover.
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773