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 9/22/2025 are entered.
The Notice of Allowance mailed 10/28/2025 is withdrawn as was indicated in the PTO-2300 mailed 12/18/2025.
This action is non-final.
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 1-15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11,987,093 in view of Holleman (US 2018/0274838). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of the cited patent largely corresponds to instant claim except for lacking “vertically oriented” and “the other of said pin or catch” as are found in instant claim 1. However as the elements are three-dimensional, they include vertical components of their orientation. Further although the cited patent doesn’t include the other of said pin or catch; the bracket includes a pivot or catch mounting means and is for the purpose of pivotally mounting the mobile air conditioner. It is understood that the mounting means includes a corresponding mounting means at the air conditioner. Thus although not explicitly claimed it follows that it is present in order for the mounting means to function as intended. The limitations of claims 2-5 are found in claims 3-7. Regarding the internal frame of claims 6-8; while neither the cited claim 1 nor dependent claims thereof include an internal frame it is old and well known to provide internal frames to support structures. Thus it follows in constructing the air conditioner of the cited patent to include an internal frame for the purpose of robustness.
The cited claim(s) does not recite that the pivoting mount is “at a lower position” however Holleman discloses a pivoting mounting connection (shown in figure 4) at a lower position thereof. It would have been obvious to one of ordinary skill in the art to have provided the pin/catch at a lower position in order to enable a technician to tilt the air conditioner into position.
Instant claim 9 includes similar features of instant claim 1 and further includes an internal frame not found in cited claim 1. However for the same reasons as provided for instant claims 1 and 6-8 instant claim 9 is not patentably distinct. Instant claims 10-15 correspond to cited claims 2-7.
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) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holleman (US 2018/0274838).
Regarding claim 1, Holleman discloses a mobile air conditioner, comprising:
a base pan (vertical dividing wall identified in annotated figure 2 is base ban) which is configured to be vertically oriented for mounting, said base pan having a compressor (29), an evaporator (28), a condenser (20), a fan (31 or 32), and an expansion valve (24) forming a refrigeration circuit ([0052]);
a shroud (12) which is connected to said base pan and covering said refrigeration circuit, said shroud mounted vertically, said shroud configured to be oriented vertically (orientation shown in at least figures 2 and 4b);
a bracket (41) configured to be mounted to a frame of a recreational vehicle, and extend from said recreational vehicle said bracket having one of a pin or a catch (the shape of bracket 41 as shown in figure 4c provides for a “catch” structure that receives element 44 from the air conditioner);
the other of said pin or catch associated with said mobile air conditioner (element 44 best shown in figure 4c is a pin as defined by Merriam-Webster “a piece of solid material (such as wood or metal) used especially for fastening things together or as a support by which one thing may be suspended from another”), the other of said pin or catch engaging said bracket to pivotally mount said mobile air conditioner to said recreational vehicle at a lower position of the mobile air conditioner (pivoting motion shown in at least figure 4A), wherein said base pan pivots upwardly toward said frame of said recreational vehicle for operation;
a conditioned air duct and a return duct extending horizontally (the three dimensional duct including evaporator 28 as well as inlet and outlet 25 and 26 includes horizontal extension) from said base pan and configured to extend into said recreational vehicle through a wall of said recreational vehicle, said conditioned air duct in flow communication with said evaporator;
one or more openings (22 or 23) on either or both of the base pan or shroud to allow an airflow for heat exchange with the condenser.
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Regarding claim 2, Holleman discloses said airflow comprising one of air into the condenser or air exhaust from the condenser (inflow and outflow of air from the condenser 20 is shown in at least figure 2).
Regarding claim 3, Holleman discloses said airflow comprising a horizontal airflow (while the net flow of air across the condenser is in the vertical direction the airflow must also include horizontal flow in order to fill the condenser space, e.g. the air inlet 22 of figure 3 is at one side of the space while the air outlet 23 is at a top near the opposing side).
Regarding claim 4, Holleman discloses said airflow comprising a vertical airflow (airflow arrows through 22 and 23 in figure 2 are oriented in the vertical direction).
Regarding claim 5, Holleman discloses a base pan extension (18).
Regarding claim 6, Holleman discloses an internal frame (51 and/or 18) disposed within said base pan or shroud.
Regarding claim 7, Holleman discloses said refrigeration circuit ([0052]) disposed within said internal frame (18).
Regarding claim 8, Holleman discloses the other of said pin or catch disposed at said internal frame (shown in figure 4 the element 44 is at the internal frame).
Regarding claim 9, Holleman discloses a mobile air conditioner, comprising:
a base pan (vertical dividing wall identified in annotated figure 2 is base ban) and a shroud (12) connected to a base, said base and said shroud configured to be oriented vertically on a wall of a recreational vehicle;
an internal frame (51) disposed within one or both of the base or the shroud;
a plurality of cooling mechanicals defining a refrigeration circuit ([0052]), said plurality of cooling mechanicals comprising a compressor, an evaporator, a condenser, a fan and an expansion valve;
one or more of said plurality of cooling mechanicals disposed within said internal frame (compressor 29 is within said frame 52);
a bracket (41) configured to be mounted to a frame of said recreational vehicle, and extend from said recreational vehicle said bracket having one of a pin or a catch (the shape of bracket 41 as shown in figure 4c provides for a “catch” structure that receives element 44 from the air conditioner);
the other of said pin or catch associated with said mobile air conditioner (element 44 best shown in figure 4c is a pin as defined by Merriam-Webster “a piece of solid material (such as wood or metal) used especially for fastening things together or as a support by which one thing may be suspended from another”), the other of said pin or catch disposed on a lower location of said internal frame and engaging said bracket to pivotally mount said mobile air conditioner to said recreational vehicle, wherein said internal frame pivots upwardly toward said wall of said recreational vehicle for operation (rotation shown in at least figure 4a);
a conditioned air duct and a return duct extending horizontally (the three dimensional duct including evaporator 28 as well as inlet and outlet 25 and 26 includes horizontal extension) and configured to extend into said recreational vehicle through said wall, said conditioned air duct in flow communication with said evaporator (28);
one or more openings (22 or 23) on either or both of the base pan or shroud to allow an airflow for heat exchange with the condenser.
Regarding claim 10, Holleman discloses said airflow comprising a horizontal airflow (while the net flow of air across the condenser is in the vertical direction the airflow must also include horizontal flow in order to fill the condenser space, e.g. the air inlet 22 of figure 3 is at one side of the space while the air outlet 23 is at a top near the opposing side).
Regarding claim 11, Holleman discloses said airflow comprising a vertical airflow (airflow arrows through 22 and 23 in figure 2 are oriented in the vertical direction).
Regarding claim 12, Holleman discloses internal frame pivotally connected to said bracket at one location (pivot connection at 44) and fastened to said bracket at a second location (fastened connection at 46).
Regarding claim 13, Holleman discloses a base extension (18) extending from said base pan.
Regarding claim 14, Holleman discloses said base extension (18) configured to extend through said wall of said recreational vehicle (shown in figure 4B).
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) 6-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holleman (US 2018/0274838) in view of Bongaards et al (US 6,357,248).
Regarding claims 6-8, Holleman discloses the mobile air conditioner of claim 1. Holleman discloses an internal frame as discussed above however Bongaards is provided to teach an alternative internal frame. Bongaards discloses an internal frame disposed within said base pan or shroud or both. Bongaards further discloses said refrigeration circuit disposed within said internal frame. Bongaards further discloses the other of said pin or catch (47a or 164 are shown in figure 10) disposed at said internal frame.
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It would have been obvious to one of ordinary skill in the art to have provided Holleman with an internal frame in order to increase mechanical robustness, provide support for internal components, e.g. the refrigeration cycle components, and provide attachment points.
Regarding claims 9-14, Holleman discloses the features of claims 9-14 as detailed above. Nonetheless in regard to the internal frame Bongaards is provided from the same as detailed in claims 6-8 above.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holleman (US 2018/0274838), with or without Bongaards (6,357,248), and in view of Nagai (US 5,544,929).
Regarding claim 15, Holleman discloses the mobile air conditioner of claim 9, but lacks a backup camera window. It is also noted that backup cameras have been required by law in the US since 2018 and have been well known for many years prior. Nagai discloses providing a camera (8) on a vehicle ventilation arrangement. It would have been obvious to have provided Holleman with a camera and window therefor on the air shroud or base pan as taught by Nagai order to increase feedback to a user. Further although Holleman provides the air conditioner on a front of the arrangement it follows to configure it for a plurality of installations, such as a rear wall of a vehicle, in order to increase the use of the system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Henderson et al (US 11,639,083) pivotally mounted portions of air conditioner;
Brown et al (US 5,123,258) pivotally mounted air conditioner;
You (US 5,095,716) vertically mounted air conditioner;
Walker et al (US 5,046,327) pivotally mounted air conditioner;
King (US 4,748,825) pivotally mounted air conditioner.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799