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 .
Drawing Objections
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “A tubular intermediate bulkhead stiffening element is formed by the interlocking and attachment of the stiffening flange and the c-channel of adjacent panels” as described in the specification [0006, 0007]1. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
The drawings are objected to under 37 CFR 1.83(a) because they fail to show every feature of the invention specified in the claims. Therefore, the “c-channel lip is disposed within the tubular intermediate bulkhead stiffening element” must be shown or the feature(s) canceled from the claim2. Figures 5, 6 and 8 of the drawings filed June 22, 2020 show that the stiffening flange (47) is disposed within the tubular intermediate bulkhead stiffening element, not the c-channel lip (46). The c-channel lip (46) is disposed on the outside of the tubular intermediate bulkhead stiffening element, and a back of the adjacent panel.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show every feature of the invention specified in the claims. Therefore, the “at least one middle panel, wherein the at least one middle panel is configured as a fan panel”3,”wherein the at least one middle panel includes at least one filler panel” must be shown or the feature(s) canceled from the claim.
Please note that specification paragraph [0059] discloses that “The middle panel(s) may comprise a fan panel 15 or a filler panel 25.”
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 Objections
In re Claims 1 and 12, in view of the antecedence for “a stiffening flange” (line 15, and line 17), and “a c-channel” (line16, and line 17), the limitation “the stiffening flange and the c-channel of adjacent panels” (line 23, and line 23) is unclear. The first panel and the at least one middle panel each provide a stiffening flange, and the at least one middle panel and the second panel each provide a c-channel. As the claim is written, it is unclear which of the stiffening flanges and which of the c-channels are interlocked and attached, particularly as “adjacent panels” have not been recited.
For purposes of examination, the limitation has been understood as if to disclose, “wherein a tubular intermediate bulkhead stiffening element is formed by the interlocking and attachment of the stiffening flange of a first vertical panel and the c-channel of a second vertical panel, wherein the first vertical panel and second vertical panels are adjacent panels.4
As “adjacent panels” and “the adjacent panel” are disclosed in dependent claims, it is respectfully suggested that Claim 1 lines 9 – 10, and Claim 12 lines 9 – 10, be amended to read, “wherein the plurality of interlocking vertical panels further comprise a first side panel, a second side panel, and at least one middle panel, wherein each vertical panel is adjacent to at least one other vertical panel;
In re Claims 7 and 16, insufficient antecedent basis has been provided for the limitation “the adjacent panel” For purposes of examination, the limitation has been understood as if to disclose, “a front surface of the c-channel lip abuts a back surface of one of the adjacent panels once the adjacent panels are interlocked and attached.”
In re Claim 19, the claim is objected to because of the following informalities: claim 19 capitalizes the first word in each of the eleven clauses, whereas in conventional claim drafting only the first word in each claims is to be capitalized. Applicant is respectfully requested to use a “sentence case”, and capitalize only the first word in each claim.
In re Claim 20, insufficient antecedent basis has been provided for the limitation “further including the step of attaching…”. As Claim 20 further limits Claim 19, the limitation has been understood as if to read, “The method of installing the HVAC modular bulkhead system of Claim 19, further including
Claims 2 – 11, and 13 – 20 are objected, as being dependent from an objected claim.
Appropriate correction is required.
Claim Rejections - 35 USC §103
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 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 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. §102(b)(2)(C) for any potential 35 U.S.C. §102(a)(2) prior art against the later invention.
Claims 1, 4 – 9, 11, 12, and 15 – 20 are rejected under are rejected under 35 U.S.C. §103 as being unpatentable over Yamada et al (US 2011/0138844).
In re Claim 1, Yamada et al discloses an HVAC modular bulkhead system for support of one or more suspended fans (fig 3: (450), suspended by hanging hooks (170)) comprising:
a modular bulkhead wall (figs 4, 5);
wherein the modular bulkhead wall further comprises a plurality of interlocking vertical panels (as seen in the figures);
wherein the plurality of interlocking vertical panels are aligned side-by-side substantially perpendicular to the longitudinal direction of an airstream (as seen in figure 2);
wherein the one or more suspended fans produce the airstream [0025] in the longitudinal direction (apparent);
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wherein the plurality of interlocking vertical panels further comprise a first side panel (filler panel 110 and fan panel 410), a second side panel, and at least one middle panel (annotated, fig 2);
please note that the first side panel (110, 410) has been interpreted as comprising at least a filler panel (110), and a fan panel (410); the second side panel (110, 410) has been interpreted as comprising at least a filler panel (110), and a fan panel (410); and the middle panel (110) has been interpreted as comprising at least a filler panel (110).
wherein the at least one of the plurality of interlocking vertical panels is configured as a fan panel (410);
wherein the fan panel (410) includes at least one panel opening (411) [0024];
wherein the fan panel (410) is configured to support attachment [0026, 0027] of one or more of the suspended fans (450) (“since the thickness of the portion of the fan panel 410 supporting the (fan) motor … the fan panel can sufficiently bear the load”);
wherein the first side panel provides a frame attachment end and a stiffening flange (fig 4, annotated below);
please note the frame attachment end comprises a c-channel (fig 4, annotated below): where plate (110) is bent into an L shape [0021] forming vertical rails (113)
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wherein the second side panel provides a frame attachment end comprising a C-channel (113);
please note the second side panel further provides a stiffening flange (annotated above), and
the second side panel of Yamada et al has been understood to be a mirror image of the first side panel.
wherein the at least one middle panel ((110), annotated, below)
is configured as a filler panel, and
provides at least one c-channel (113);
wherein the stiffening flange of the first side panel interlocks and attaches with at least one of the c-channels of the at least one middle panel (as seen in figs 5), 7 [0031];
wherein the stiffening flange of the second side panel interlocks and attaches with the at least one of the c-channels of the at least one middle panel;
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wherein a tubular intermediate bulkhead stiffening element is formed by the interlocking and attachment (via (473)) of the stiffening flange and the c-channel (113) of adjacent panels. [0031]
Please note that Yamada et al’s disclosure “the press portions 413… are pushed down into the vertical rails 113 such that the entire fan panel is pressed against the front plate 110” forms a tubular intermediate bulkhead stiffening element. The tubular intermediate bulkhead stiffening element formed of an interior surface of middle panel (110), plus exterior surfaces of rail (113), combined with an exterior surface of second panel (410) (parallel to, and in contact with, the interior surface the middle panel (110)), a vertical lateral edge of the second panel (410) in contact with a vertical lateral edge of the rail (113), and edges of stiffening flange (414) in contact with the rail (113)
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As the system of Yamada et al discloses:
wherein the first side panel and the second side panel are configured as a fan panel, the first side panel and the second side panel each provides a stiffening flange and a c-channel; and
wherein the at least one middle panel is configured as a filler panel, the filler panel provides a first and a second c-channel,
Yamada et al lacks:
wherein the at least one middle panel is configured as a fan panel providing a stiffening flange and the c-channel;
wherein the stiffening flange of the at least one middle panel interlocks and attaches with the c-channels of the second side panel.
It can be seen that Yamada et al discloses the claimed invention except for:
wherein the side panels are configured as a fan panels, each with a panel opening, and
the relative positions of the stiffening flanges and c-channels between the plurality of interlocking vertical panels.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamada et al:
wherein the middle panel is configured as a fan panel with a panel opening, and provides a stiffening flange in lieu of a second c-channel; and
wherein the second side panel provides c-channel in lieu of a stiffening flange,
such the middle panel stiffening flange interlocks with the second side panel c-channel,
since it has been held that rearranging parts of an invention involves only routine skill in the art. Further, shifting the position of the stiffening flange/c-channel would not modify the operation of the system, and would work equally well.
In re Claim 4, Yamada et al discloses wherein a quick-connect box (460) is attached (via screws (fig 6: (472)) to the modular bulkhead wall (fig 5: (471)).
In re Claim 5, Yamada et al discloses wherein the c-channel (313) includes a c-channel lip configured as an attachment surface for between adjacent panels (annotated, above).
In re Claim 6, the proposed system of Yamada et al has been discussed, wherein the tubular intermediate bulkhead stiffening element is formed by the interlocking and attachment of the stiffening flange and the c-channel of adjacent panels (as seen in fig 7). It is noted that Yamada et al discloses wherein the stiffening flange is disposed within the intermediate bulkhead stiffening element (fig 7), not wherein the c-channel lip is disposed within the tubular intermediate bulkhead stiffening element.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure the wherein the tubular intermediate bulkhead stiffening element such that the c-channel lip is disposed within the tubular intermediate bulkhead stiffening element, since it has been held that rearranging parts of an invention involves only routine skill in the art. Further, shifting the position of element c-channel lip would not modify the operation of the system. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
In re Claim 7, the proposed system of Yamada et al has been discussed wherein a front surface of the c-channel lip (annotated, above) abuts a back (interior) surface of the adjacent panel once the (first and second side) panels are interlocked and attached.
In re Claim 8, the proposed system of Yamada et al has been discussed wherein each c-channel lip is attached to an adjacent panel by fasteners (fig 5: (473)) that are connected through aligned pre-punched holes (threaded) disposed in the c-channel lip and in the adjacent panel.
In re Claim 9, the proposed system of Yamada et al has been discussed (In re Claim 1, above), wherein the at least one middle panel (110), as modified, is the fan panel (410); the fan panel providing a stiffening flange and a c-channel. However, the modified at least one middle panel now lacks wherein it includes at least one filler panel (110).
As discussed in Claim 1 above, Yamada et al discloses wherein the first side panel and the second side panel each provide a fan panel (410) and a filler panel (110); and wherein the first side panel, the second side panel, and the at least one middle panel interlock and attach with each of the corresponding stiffening flange or c-channel of the adjacent panels.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the proposed system of Yamada et al, such that the at least one middle panel includes at least one filler panel, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co... Please note that in the instant application, paragraph [0074] applicant has not disclosed any criticality for the claimed limitations.
The proposed combination would yield wherein the at least one middle panel includes at least one filler panel, and wherein each of the stiffening flange and the c-channel of the at least one filler panel interlock and attach with each of the corresponding stiffening flange or c-channel of the adjacent panels.
In re Claim 11, Yamada et al discloses wherein at least one ledge (fig 5: (114)) is provided beneath the at least one panel opening of the fan panel [0031].
In re Claims 12, and 15 – 20, Yamada et al discloses an HVAC modular bulkhead system (fig 2) for support of one or more suspended fans (450) comprising:
a modular bulkhead wall (figs 4, 5, 7);
wherein the modular bulkhead wall further comprises a plurality of interlocking vertical panels (as seen in the figures, annotated, above);
wherein the plurality of interlocking vertical panels are aligned side-by-side substantially perpendicular to the longitudinal direction of an airstream (as seen in figure 2);
wherein the one or more suspended fans (450) produce the airstream [0025] in the longitudinal direction (apparent);
wherein the plurality of interlocking vertical panels further comprise a first side panel (filler panel 110 and fan panel 410), a second side panel, and at least one middle panel (annotated, fig 2);
please note that the first side panel (110, 410) has been interpreted as comprising at least a filler panel (110), and a fan panel (410); the second side panel (110, 410) has been interpreted as comprising at least a filler panel (110), and a fan panel (410); and the middle panel (110) has been interpreted as comprising at least a filler panel (110).
wherein at least one of the interlocking vertical panels is configured as a fan panel (410);
wherein the fan panel (410) includes at least one panel opening (411) [0024];
wherein the fan panel (410) is configured to support attachment [0026, 0027] of one or more of the suspended fans (450) (“since the thickness of the portion of the fan panel 410 supporting the (fan) motor … the fan panel can sufficiently bear the load”);
wherein the first side panel provides a frame attachment end and a stiffening flange (fig 4, annotated below);
please note the frame attachment end comprises a c-channel (fig 4, annotated below): where plate (110) is bent into an L shape [0021] forming vertical rails (113)
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wherein the second side panel provides a frame attachment end comprising a C-channel (113);
please note the second side panel further provides a stiffening flange (annotated above), and
the second side panel of Yamada et al has been understood to be a mirror image of the first side panel.
wherein the at least one middle panel:
is configured as a filler panel (110), and
provides a at least one c-channel (113);
wherein the stiffening flange of the first side panel interlocks and attaches with at least one of the c-channel of the at least one middle panel (as seen in figs 5), 7 [0031];
wherein the at least one c-channel (113) of the at least one middle panel interlocks and attaches with the stiffening flange (annotated, below ) of the second side panel;
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wherein an intermediate bulkhead stiffening element is formed by the interlocking and attachment of the stiffening flange and the c-channel of adjacent panels; and
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one or more fans;
wherein the one or more fans each has an integrally attached fan plate (fig 5: (414));
wherein, during suspension (via (170)) of the one or more integrally attached fan (450) and fan plate (414) on the fan panel (410), the fan plate (414) covers the at least one fan panel opening (411) (from above, as seen in fig 5) and is attached thereto and provides support for suspension [0030] of the at least one fan from the at least one fan panel.
It can be seen that Yamada et al discloses the claimed invention except for:
wherein at least one of the one middle panels is configured as a fan panel (410);
wherein the at least one of the middle panels provides a stiffening flange and the at least one c-channel (113); and
wherein the stiffening flange of the at least one middle panel interlocks and attaches with the c-channel of the second side panel;
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamada et al:
wherein the middle panel is configured as a fan panel and provides a stiffening flange in lieu of a second c-channel; and
wherein the stiffening flange of the at least one middle panel interlocks and attaches with the c-channel of the second side panel;
such the middle panel c-channel interlocks with the stiffening flange of the first side panel, since it has been held that rearranging parts of an invention involves only routine skill in the art. Further, shifting the position of the stiffening flange/c-channel would not modify the operation of the system, and would work equally well.
In re Claim 15, see above In re Claim 4, wherein the proposed system comprises a quick-connect box is attached to the modular bulkhead wall.
In re Claim 16, see above In re Claim 5, wherein the proposed system comprises c-channel includes a c-channel lip configured as an attachment surface for the adjacent panel.
In re Claim 17, see above In re Claim 9, wherein the proposed system comprises the at least one middle panel includes at least one filler panel, and wherein each of the stiffening flange and the c-channel of the at least one filler panel interlock and attach with each of the corresponding stiffening flange or c-channel of the adjacent panels.
In re Claim 18, see above In re Claim 11, wherein the proposed system comprises at least one ledge is provided beneath the at least one panel opening of the fan panel.
In re Claim 19, wherein Yamada et al discloses a method of installing an HVAC modular bulkhead system for support of one or more suspended fans within an air handling unit cabinet comprising:
[[O]]obtaining the HVAC modular bulkhead system of Claim 12;
[[P]]positioning the plurality of interlocking vertical panels to be aligned side-by-side [0030] substantially perpendicular to the longitudinal direction of the suspended fan airstream;
[[A]]attaching the frame attachment end of the first side panel to a frame of the cabinet [0031];
[[S]]securing the top and bottom ends of the first side panel to the frame of the cabinet [0031];
[[A]]attaching the c-channel of the at least one middle panel to the stiffening flange of the first side panel [0031];
[[S]]ecuring the top and bottom ends of the at least one middle panel to the frame of the cabinet [0031];
[[A]]attaching the c-channel of the second side panel to the stiffening flange of the at least one middle panel [0033];
[[A]]attaching the frame attachment end of the second side panel to a frame of the cabinet [0031];
[[S]]securing the top and bottom ends of the second side panel to the frame of the cabinet, thereby forming the modular bulkhead wall [0031, 0033];
[[S]]suspending each of the one or more integrally attached fan and fan plate on each of the fan panels such that the fan plate (fig 5: (414)) covers the at least one fan panel opening [0030]; and
[[A]]attaching each of the fan plates to the fan panels, thereby supporting suspension of each of the at least one fan from the at least one fan panel.
In re Claim 20, see above in re Claim 15, wherein the proposed method comprises further including 5 attaching a quick-connect box to the modular bulkhead wall.
Claims 2, 3, 13 and 14 are rejected under are rejected under 35 U.S.C. §103 as being unpatentable over Yamada et al (US 2011/0138844) in view of Mecozzi (US 8,814,639).
In re Claims 2 and 3, the system of Yamada et al has been discussed (In re Claim 1, above) but is silent as to whether the system comprises:
wherein a structural frame is secured to the first side panel, the at least one middle panel, and the second side panel; and
wherein a transition frame secured to the first side panel, the at least one middle panel, and the second side panel.
Mecozzi teaches a modular fan system (figs 6 – 9), each module comprising a fan (400) and a fan panel (fig 6: (412), wherein:
a structural frame (fig 9: (420C)) is secured to a first side panel, at least one middle panel, and a second side panel; and
a transition frame (422C) is secured to a first side panel, the at least one middle panel, and a second side panel (col 6, lns 22 – 41).
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It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yamada et al, as taught by Mecozzi, such that the system comprises:
wherein a structural frame is secured to the first side panel, the at least one middle panel, and second side panel; and
wherein a transition frame is secured to the first side panel, the at least one middle panel, and second side panel
for the benefit of providing structural support and an air seal across the modules for improved system performance.
In re Claim 13, see above In re Claim 2, wherein a frame is secured to the first side panel, the at least one middle panel, and the second side panel.
In re Claim 14, see above, In re Claim 3, wherein the frame is one of either a structural frame or a transition frame.
Claim 10 is rejected under 35 U.S.C. §103 as being unpatentable over Yamada et al (US 2011/0138844) in view of Eichelberg (US 8,582,292).
In re Claim 10, the proposed system has been discussed, but lacks wherein the at least one filler panel is configured to provide a bulkhead door.
Eichelberg teaches a modular ventilation system (figs 1, 2) comprising:
a first side panel (115), a second side panel (130), and at least one middle panel (100/105/120); wherein the first side panel, at least one middle panel, and second side panel are each respectively attached with a plurality of fasteners (col 2, lns 40 – 49; col 3, lns 49 – 62; col 5, lns 1 – 16);
wherein the at least one middle panel (100/105/120) is one or more removable filler panels (145) (col 4, lns 4 – 40)
wherein the one or more removable filler panels (fig 2: vertical face panels 145 and vertical side panels 155) may be fastened to locations on the frame of the modular ventilation system to create an entry door6 (a desired size of the cavity/passageway (160); col 4, lns 22 – 40))
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yamada et al, as taught by Eichelberg, such that the at least one filler panel provides an entry door, for the benefit of providing easy access to both sides of a module for maintenance and repairs.
Please note that when Eichelberg’s teaching of a filler panel configured to provide an entry door for a modular ventilation system, is applied to the proposed system of Yamada et al, the modified filler panel of Yamada et al would be configured as a bulkhead door for the HVAC modular bulkhead system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892: Notice of References Cited. Example of such pertinent prior art includes:
Karamanos et al (US 2010/0307733), who discloses a modular HVAC system comprising:
A return air section 142 can include an access provision 168 (e.g., an access panel, a hinged access door) for access to the interior of the return air section (e.g., for maintenance, repair, etc.).
An access provision 1927 (e.g., an access panel, a hinged access door) can be provided for access to the interior of the supply air section (e.g., for maintenance, repair, etc.).
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Rasmussen et al (US 2014/0213169) teaches a modular cooling system (figs 3, 4, 8: (100)) comprising:
a first interior hinged access panel (146)
a second interior hinged access panel (154); and
a middle panel end wall opening (124/108).
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Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Frances F. Hamilton whose telephone number is 571.270.5726. The examiner can normally be reached on Tu - Th; 9 – 6.
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 on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866.217.9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800.786.9199 (in USA or Canada) or 571.272.1000.
/Frances F Hamilton/
Examiner, Art Unit 3762
/MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
1 Please note that this language is also in Claims 1 and 12, but was not part of the provisional application (62/837,018) or application 16/908,127.
2 Claim 6.
3 Claim 1
4 Please note that it is not the examiner’s intention to unnecessarily narrow the claim.
5 Please refer to the claim objections, above.
6 Door, n: (1) A movable barrier service to close or open a passage into a building, room etc, Oxford English Dictionary, Oxford University Press; copyright © 2022
7 Hinged access door indicated as “108” in figure 11