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 .
The claims received 12/24/2025 are entered.
The specification amendments received 12/24/2025 are entered.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurtz (US 2,724,247).
Regarding claim 1, Kurtz discloses a portable air conditioner comprising:
a housing (3) provided with a heat exchanger chamber (7 and 8);
a first heat exchanger (5) heat-exchanged with external air introduced through a first side surface of the housing (at inlet 9);
a second heat exchanger (6) heat exchanged with external air introduced through a second side surface of the housing (at inlet 15), which is disposed at an opposite to the first side surface of the housing;
a first guide part (18) configured to guide the external air, which is heat-exchanged with the first heat exchanger, to a front part of the heat exchanger chamber;
a second guide part (19) configured to guide the external air, which is heat exchanged with the second heat exchanger, to a rear part of the heat exchange chamber;
a partition wall (21, 22, and 23) provided between the first guide part and the second guide part to prevent the external air guided to the first part and the rear part of the heat exchange chamber from being mixed with each other; and
a blower fan (16, 17, and 20) provided to pass through the partition wall and configured to discharge the external air, which is guided to each of the front part and the rear part of the heat exchange chamber, upward (as the air flows into and fills a room there is included upward flow).
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) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurtz (US 2,724,247) in view of Weiland et al (US 2,185,387) and as evidenced by Macleod (US 3,729,952).
Regarding claim 2, Kurtz discloses the first guide part (18) is provided on a first side part of the heat exchange chamber, the second guide part (19) is provided on a second side part disposed at an opposite side of the first side part of the heat exchange chamber. Kurtz lacks that the partition wall connects the first and second guide parts to each other. Weiland discloses a portable air conditioner including first and second guide parts (evaporator and condenser guide ducts defined by at least 27, 29 and 56,58) are connected to each other by a partition wall (12). Macleod discloses a guide part (40) connected to a central partition (13) by a brace (54). It would have been obvious to one of ordinary skill in the art to have provided Kurtz with connection of the first and second guide parts to each other by way of the partition as taught by Weiland in order to provide mechanical support, i.e. brace, as evidenced by Macleod.
Regarding claim 3, Kurtz discloses the blower fan is provided on an upper end of the partition wall (as oriented in annotated figure below), and in the first and second guide parts (18 and 19), a spaced distance between upper ends is less than that between lower ends to prevent the blower fan from interfering (distances shown in annotated figure below).
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Regarding claim 4, Kurtz discloses the first guide part comprises: an upper end guide part configured to define a first space together with the first side surface of the housing; and a lower end guide part provided below the upper end guide part to define a second space together with the first side surface of the housing, wherein the second space communicates with the first space and is larger than the first space (features shown in annotated figure below).
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Regarding claim 5, Kurtz discloses the first guide part comprises the first guide part
comprises: an upper plate facing the first side surface of the housing; a lower plate facing the first side surface of the housing and provided below the upper plate; a rear plate coupled to the upper plate at a predetermined angle; a first inclined plate configured to connect the upper plate to the lower plate and provided to be inclined downward toward the inside of the housing; and a second inclined plate configured to connect the lower plate to the rear plate and provided to be inclined forward toward the inside of the housing (structures shown in annotated figure below).
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Claim(s) 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurtz (US 2,724,247) in view of Bolton et al (US 5,392,613).
Regarding claim 6, Kurtz discloses the portable air conditioner of claim 1, but lacks drain pans. Bolton discloses a portable air conditioner including a first drain pan (56) provided below a first heat exchanger (20) to collect condensate generated in the first heat exchanger; a second drain pan (240 and 242) provided below the second heat exchanger (120) to collect condensate generated in the second heat exchanger; a third drain pan (60) communicating with the first drain pan (56) and configured to collect the condensate introduced from the first drain pan (56) and the condensate discharged from the second drain pan so as to discharge the condensate downward. It would have been obvious to one of ordinary skill in the art to have provided Kurtz with a plurality of drain pans as taught by Bolton in order to handle the produced condensate and prevent leakage.
Regarding claim 7, Kurtz and Bolton discloses the third drain pan (60 of Bolton) is provided with a support plate configured to support the partition wall (as shown in at least figures 7 and 9 of Bolton the third drain pan 60 includes support plate 42 which supports partition wall 44).
Regarding claim 8, Kurtz and Bolton discloses the first and third drain pans (56 and 60 of Bolton) are integrated with each other.
Regarding claims 9 and 10, Kurtz and Bolton disclose the first and second drain pans extend in a first, forward and backward direction (extension direction of 56 is regarded as forward and backward), and the third drain pan extends in a second, left and right, direction (the third drain pan attaches to the first drain pan at a ninety degree angle, the third drain pan’s direction is regarded as left-right) crossing the first direction.
Response to Arguments
Applicant's arguments filed 12/24/2025 have been fully considered but they are not persuasive.
Regarding argument 1 at page 8, applicant argues that the inlets 9 and 15 are not external air. However the inlets allow air external to the housing to enter thus the air is external air.
Regarding argument 2 at page 8, applicant argues that Kurtz lacks first and second guide parts. Applicant attempts to define the air streams of Kurtz in a different manner; however the relevant air streams enter from space external to the housing.
Regarding argument 3 at page 9, applicant argues that the partition wall of Kurtz is “fundamentally different airflow system”. The argument again relies upon an asserted lack of external air which as stated above is not persuasive.
Regarding argument 4 at page 9, applicant argues the blower fan. As shown in figures 1-3 the fan passes through the partition at 21, see in particular the fan motor 20 passing through the partition wall. The phrase “upward discharge of segregated external-air flows” is not found within the claims
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP58214730 – portable air conditioner
Bruce et al (US 5,669,230) drain pan arrangement.
Consiglio (US 5,437,164) drain pan arrangement.
Trevelyan (US 10,584,887) figure 12 drain pan arrangement.
Kil et al (US 11,204,180) drain pan arrangement.
Chiu (US 11,859,839) portable air conditioner.
Pugh et al (US 3,724,233) drain pan arrangement
Dybvig (US 2,405,411) portable air conditioner.
Abbott (US 3,079,768) portable air conditioner.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799