DETAILED ACTION
Amendments filed on 10/17/2025 have been entered.
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 .
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, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 3-7, 10-12, 14-17, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer (US 2022/0390140 A1), in view of Souza (US 2019/0234650 A1), in view of Huang (CN 219199375 U), in view of Chothave (US 2023/0228496 A1), and in view of Chothave (US 2021/0325082 A1).
Claim 1: Shaffer discloses an air conditioner unit defining a vertical, a lateral, and a transverse direction, the air conditioner unit (FIG.1) comprising:
a cabinet (housing 114 used as cabinet) defining an indoor inlet (138) and an indoor outlet (140); an indoor portion (FIG.1) and an outdoor portion (FIG.1); and
an energy recovery ventilator (400) mounted to the cabinet, the energy recovery ventilator (400) comprising:
a ventilator cabinet (424) defining a primary flow path (1004), an energy recovery path (1006), and a heat exchanger cavity (cavity within duct where heat exchanger 408 placed within; see FIG.3);
a heat exchanger (408) positioned within the heat exchanger cavity (see FIG.3) within the ventilator cabinet (424), wherein the primary flow path (1004) and the energy recovery path (1006) are fluidly isolated and thermally coupled (see FIG.3) within the heat exchanger (408);
Shaffer discloses the claimed limitations in claim 1, but fails to disclose a bulkhead mounted within the cabinet to define an indoor portion and an outdoor portion; an access opening providing access to a heat exchanger cavity; an access cover removably mounted over the access opening for providing selective access into the heat exchanger cavity; a plurality of rotatable clips positioned on an outside of the ventilator cabinet, the plurality of rotatable clips being movable configured to secure the access cover to the ventilator cabinet; a plurality of retainer brackets that define a boundary of the heat exchanger cavity; and a plurality of mounting gaskets positioned between the plurality of retainer brackets and a sidewall of the ventilator cabinet, wherein the heat exchanger is securely received within the plurality of retainer brackets in an installed position, wherein the plurality of mounting gaskets are resilient or compressible to form a seal with ventilator cabinet.
However, Souza teaches a bulkhead (paragraph [6]: bulkhead 46 defining indoor portion and outdoor portion) mounted within the cabinet (see FIG.7) to define an indoor portion (12) and an outdoor portion (14) for the purpose of supporting the house and various other components or portions (paragraph [25]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Shaffer to include a bulkhead mounted within the cabinet to define an indoor portion and an outdoor portion as taught by Souza in order to support the house and various other components or portions.
Further, Huang teaches an access opening (paragraph [4]: access door 20 is mounted for covering the opening) providing access to a heat exchanger cavity (cavity inside shell 10);
an access cover (access door 20 used as access cover; access door detachably installed on the shell) removably mounted over the access opening (paragraph [4]: the opening) for providing selective access into the heat exchanger cavity (heat exchanger core within cavity of ventilation device 100; cavity where heat exchanger core is placed);
a plurality of rotatable clips (paragraph [28]: latching members 22 used as rotatable clips includes clamping 231 of part 221) positioned on an outside of the ventilator cabinet (shell 10 used as ventilation cabinet), the plurality of rotatable clips (22) being movable configured to secure the access cover to the ventilator cabinet (shell 10 used as ventilation cabinet) for the purpose of providing access to the device for maintenance and other needs inside the ventilation device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Shaffer to include an access opening providing access to a heat exchanger cavity; an access cover removably mounted over the access opening for providing selective access into the heat exchanger cavity; and a plurality of rotatable clips positioned on an outside of the ventilator cabinet, the plurality of rotatable clips being movable configured to secure the access cover to the ventilator cabinet as taught by Huang in order to provide access to the device for maintenance and other needs inside the ventilation device.
Further, Chothave (US 2023/0228496 A1) teaches plurality of retainer brackets (mounting brackets 156) that define a boundary of the heat exchanger cavity (cavity inside housing 108); and a plurality of mounting gaskets (fasteners 162 used as mounting gaskets; holes receive fasteners) positioned between the plurality of retainer brackets (156) and a sidewall of the ventilator cabinet (to clarify, depending on where mounting bracket is installed, it is connected to the heat exchanger, as shown in annotated figure 9 side wall would be to the right of bracket 200 of the mounting bracket 156, therefore fasteners through holes 208 would be between bracket arm 214 and sidewall of unit), wherein the heat exchanger is securely received within the plurality of retainer brackets (156) in an installed position for the purpose of securing the heat exchanger in the unit (paragraph [66]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include a plurality of retainer brackets that define a boundary of the heat exchanger cavity; and a plurality of mounting gaskets positioned between the plurality of retainer brackets and a sidewall of the ventilator cabinet, wherein the heat exchanger is securely received within the plurality of retainer brackets in an installed position as taught by Chothave in order to secure the heat exchanger in the unit.
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Further, Chothave (US 2021/0325082 A1) teaches wherein the plurality of mounting gaskets (paragraph [62]: gasket 214 disposed between component 116 and portion 172) are resilient or compressible to form a seal with ventilator cabinet (paragraph [62]: gasket 214 formed from foam, rubber or other compressible material to create seal engagement) for the purpose of increasing structural rigidity of the air conditioner (paragraph [24]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include wherein the plurality of mounting gaskets are resilient or compressible to form a seal with ventilator cabinet as taught by Chothave in order to increase structural rigidity of the air conditioner.
Claim 3: Shaffer as modified discloses the apparatus as claimed in claim 1, wherein the plurality of rotatable clips (Huang 22) is mounted to the plurality of retainer brackets (US 2023/0228496-Chothave 156), and wherein the plurality of mounting gaskets (US 2023/0228496-Chothave fasteners 162 used as mounting gaskets; holes receive fasteners) are compressible (US 2021/0325082-Chothave paragraph [62]: gasket 214 formed from foam, rubber or other compressible material to create seal engagement) to permit the plurality of retainer brackets (US 2023/0228496-Chothave 156) and the plurality of rotatable clips (Huang 22) to slide away from the access opening (Huang paragraph [4]: the opening) during installation of the heat exchanger (Shaffer 408).
Claim 4: Shaffer as modified discloses the apparatus as claimed in claim 3, wherein the plurality of retainer brackets (US 2023/0228496-Chothave 156) and the plurality of rotatable clips (Huang 22), except for are slidable about 1/8 of an inch. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Shaffer to include slidable about 1/8 of an inch as a matter of design choice in order to in order to provide any suitable configuration to enable securement of the heat exchanger, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art - Optimum value: MPEP 2144.05 II-B.
Claim 5: Shaffer as modified discloses the apparatus as claimed in claim 1, wherein each of the plurality of rotatable clips (Huang 22) define a mounting aperture (Huang fasteners 22 comprises clamping groove 231 used as mounting aperture).
Shaffer discloses the claimed limitations in claim 5, but fails to disclose the plurality of retainer brackets defines a plurality of studs.
However, Chothave (US 2023/0228496 A1) teaches plurality of retainer brackets (mounting brackets 156 used as retainer brackets) defines a plurality of studs (arms 218 used as studs; bracket 200 of the mounting brackets 156 comprises arm 218 which includes holes 208 intended use for rotatably coupling to other components) for the purpose of securing the heat exchanger in the unit (paragraph [66]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include the plurality of retainer brackets defines a plurality of studs as taught by Chothave in order to secure the heat exchanger in the unit.
Claim 6: Shaffer as modified discloses the apparatus as claimed in claim 1, wherein the plurality of rotatable clips (Huang latching members/fasteners 22), except for four rotatable clips. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Huang to include four rotatable clips in order to enhance locking and securing the door, since it has been held that mere duplication of the essential working parts of a known device involves only routine skill in the art Duplication of parts: MPEP 2144.04 VI-B.
Claim 7: Shaffer as modified further fails to disclose a gasket positioned on inner face of the access cover.
However, Chothave (US 2023/0228496 A1) teaches a gasket (fasteners 162 used as mounting gaskets; holes receive fasteners) for the purpose of securing the heat exchanger in the unit (paragraph [66]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include a gasket as taught by Chothave to be positioned on inner face (inherent) of the access cover of Huang in order to secure the heat exchanger in the unit.
Claim 10: Shaffer as modified discloses the apparatus as claimed in claim 1, wherein the heat exchanger (408) is a crossflow air-to-air heat exchanger (see FIG.4, 5 shown crossflow air to air heat exchanger 408).
Claim 11: Shaffer as modified discloses the apparatus as claimed in claim 1, wherein the air conditioner unit (preamble) is a single package vertical unit, a vertical terminal air conditioner unit, or a packaged terminal air conditioner unit (paragraph [18]: as shown air conditioner 100 may be provided as one unit type air conditioner such as single package vertical unit).
Claim 12: Shaffer discloses an energy recovery ventilator for an air conditioner unit, the air conditioner unit (FIG.1) comprising
the energy recovery ventilator (400) comprising:
a ventilator cabinet (424) defining a primary flow path (1004), an energy recovery path (1006), and a heat exchanger cavity (cavity within duct where heat exchanger 408 placed within; see FIG.3);
a heat exchanger (408) positioned within the heat exchanger cavity (see FIG.3) within the ventilator cabinet (424), wherein the primary flow path (1004) and the energy recovery path (1006) are fluidly isolated and thermally coupled (see FIG.3) within the heat exchanger (408);
Shaffer discloses the claimed limitations in claim 12, but fails to disclose a bulkhead mounted within a cabinet to define an indoor portion and an outdoor portion, an access opening providing access to a heat exchanger cavity; an access cover removably mounted over the access opening for providing selective access into the heat exchanger cavity; and a plurality of rotatable clips positioned on an outside of the ventilator cabinet, the plurality of rotatable clips being movable configured to secure the access cover to the ventilator cabinet; a plurality of retainer brackets that define a boundary of the heat exchanger cavity; and a plurality of mounting gaskets positioned between the plurality of retainer brackets and a sidewall of the ventilator cabinet, wherein the heat exchanger is securely received within the plurality of retainer brackets in an installed position, wherein the plurality of mounting gaskets are resilient or compressible to form a seal with ventilator cabinet.
However, Souza teaches a bulkhead (paragraph [6]: bulkhead 46 defining indoor portion and outdoor portion) mounted within the cabinet (see FIG.7) to define an indoor portion (12) and an outdoor portion (14) for the purpose of supporting the house and various other components or portions (paragraph [25]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Shaffer to include a bulkhead mounted within the cabinet to define an indoor portion and an outdoor portion as taught by Souza in order to support the house and various other components or portions.
Further, Huang teaches an access opening (paragraph [4]: access door 20 is mounted for covering the opening) providing access to a heat exchanger cavity (cavity inside shell 10); an access cover (access door 20 used as access cover; access door detachably installed on the shell) removably mounted over the access opening (paragraph [4]: the opening) for providing selective access into the heat exchanger cavity (heat exchanger core within cavity of ventilation device 100; cavity where heat exchanger core is placed); and a plurality of rotatable clips (paragraph [28]: latching members 22 used as rotatable clips includes clamping 231 of part 221) positioned on an outside of the ventilator cabinet (shell 10 used as ventilation cabinet), the plurality of rotatable clips (22) being movable configured to secure the access cover to the ventilator cabinet (shell 10 used as ventilation cabinet) for the purpose of providing access to the device for maintenance and other needs inside the ventilation device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Shaffer to include an access opening providing access to a heat exchanger cavity; an access cover removably mounted over the access opening for providing selective access into the heat exchanger cavity; and a plurality of rotatable clips positioned on an outside of the ventilator cabinet, the plurality of rotatable clips being movable configured to secure the access cover to the ventilator cabinet as taught by Huang in order to provide access to the device for maintenance and other needs inside the ventilation device.
Further, Chothave (US 2023/0228496 A1) teaches plurality of retainer brackets (mounting brackets 156) that define a boundary of the heat exchanger cavity (cavity inside housing 108); and a plurality of mounting gaskets (fasteners 162 used as mounting gaskets; holes receive fasteners) positioned between the plurality of retainer brackets (156) and a sidewall of the ventilator cabinet (to clarify, depending on where mounting bracket is installed, it is connected to the heat exchanger, as shown in annotated figure 9 side wall would be to the right of bracket 200 of the mounting bracket 156, therefore fasteners through holes 208 would be between bracket arm 214 and sidewall of unit), wherein the heat exchanger is securely received within the plurality of retainer brackets (156) in an installed position for the purpose of securing the heat exchanger in the unit (paragraph [66]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include a plurality of retainer brackets that define a boundary of the heat exchanger cavity; and a plurality of mounting gaskets positioned between the plurality of retainer brackets and a sidewall of the ventilator cabinet, wherein the heat exchanger is securely received within the plurality of retainer brackets in an installed position as taught by Chothave in order to secure the heat exchanger in the unit.
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Further, Chothave (US 2021/0325082 A1) teaches wherein the plurality of mounting gaskets (paragraph [62]: gasket 214 disposed between component 116 and portion 172) are resilient or compressible to form a seal with ventilator cabinet (paragraph [62]: gasket 214 formed from foam, rubber or other compressible material to create seal engagement) for the purpose of increasing structural rigidity of the air conditioner (paragraph [24]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include wherein the plurality of mounting gaskets are resilient or compressible to form a seal with ventilator cabinet as taught by Chothave in order to increase structural rigidity of the air conditioner.
Claim 14: Shaffer as modified discloses the apparatus as claimed in claim 12, wherein the plurality of rotatable clips (Huang 22) is mounted to the plurality of retainer brackets (US 2023/0228496-Chothave 156), and wherein the plurality of mounting gaskets (US 2023/0228496-Chothave fasteners 162 used as mounting gaskets; holes receive fasteners) are compressible to permit the plurality of retainer brackets (US 2023/0228496-Chothave 156) and the plurality of rotatable clips (Huang 22) to slide away from the access opening (Huang paragraph [4]: the opening) during installation of the heat exchanger (Shaffer 408).
Claim 15: Shaffer as modified discloses the apparatus as claimed in claim 14, wherein each of the plurality of rotatable clips (Huang 22) define a mounting aperture (Huang fasteners 22 comprises clamping groove 231 used as mounting aperture).
Shaffer discloses the claimed limitations in claim 15, but fails to disclose the plurality of retainer brackets defines a plurality of studs.
However, Chothave (US 2023/0228496 A1) teaches plurality of retainer brackets (mounting brackets 156 used as retainer brackets) defines a plurality of studs (arms 218 used as studs; bracket 200 of the mounting brackets 156 comprises arm 218 which includes holes 208 intended use for rotatably coupling to other components) for the purpose of securing the heat exchanger in the unit (paragraph [66]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include the plurality of retainer brackets defines a plurality of studs as taught by Chothave in order to secure the heat exchanger in the unit.
Claim 16: Shaffer as modified discloses the apparatus as claimed in claim 12, wherein the plurality of rotatable clips (Huang latching members/fasteners 22), except for four rotatable clips. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Huang to include four rotatable clips in order to enhance locking and securing the door, since it has been held that mere duplication of the essential working parts of a known device involves only routine skill in the art Duplication of parts: MPEP 2144.04 VI-B.
Claim 17: Shaffer as modified further fails to disclose a gasket positioned on inner face of the access cover.
However, Chothave (US 2023/0228496 A1) teaches a gasket (fasteners 162 used as mounting gaskets; holes receive fasteners) for the purpose of securing the heat exchanger in the unit (paragraph [66]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include a gasket as taught by Chothave to be positioned on inner face (inherent) of the access cover of Huang in order to secure the heat exchanger in the unit.
Claim 19: Shaffer as modified discloses the apparatus as claimed in claim 12, wherein the heat exchanger (408) is a crossflow air-to-air heat exchanger (see FIG.4, 5 shown crossflow air to air heat exchanger 408).
Claim 20: Shaffer discloses an air conditioner unit defining a vertical, a lateral, and a transverse direction, the air conditioner unit (FIG.1) comprising:
a cabinet (housing 114 used as cabinet) defining an indoor inlet (138) and an indoor outlet (140); and
an energy recovery ventilator (400) mounted to the cabinet (114), the energy recovery ventilator (400) comprising:
a ventilator cabinet (424) defining a primary flow path (1004), an energy recovery path (1006), and a heat exchanger (408) positioned within the heat exchanger cavity within the ventilator cabinet (424), wherein the primary flow path (1004) and the energy recovery path (1006) are fluidly isolated and thermally coupled within the heat exchanger (408);
Shaffer discloses the claimed limitations in claim 20, but fails to disclose a bulkhead mounted within the cabinet to define an indoor portion and an outdoor portion; an access opening providing access to a heat exchanger cavity; a handle extending from a front of the heat exchanger for facilitating installation or removal of the heat exchanger from the heat exchanger cavity.
However, Souza teaches a bulkhead (paragraph [6]: bulkhead 46 defining indoor portion and outdoor portion) mounted within the cabinet (see FIG.7) to define an indoor portion (12) and an outdoor portion (14) for the purpose of supporting the house and various other components or portions (paragraph [25]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Shaffer to include a bulkhead mounted within the cabinet to define an indoor portion and an outdoor portion as taught by Souza in order to support the house and various other components or portions.
Further, Huang teaches an access opening (paragraph [4]: access door 20 is mounted for covering the opening) providing access to a heat exchanger cavity (cavity inside shell 10) for the purpose of providing access to the device for maintenance and other needs inside the ventilation device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Shaffer to include an access opening providing access to a heat exchanger cavity as taught by Huang in order to provide access to the device for maintenance and other needs inside the ventilation device.
Claims 8, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer (US 2022/0390140 A1), in view of Souza (US 2019/0234650 A1), and in view of Huang (CN 219199375 U), in view of Chothave (US 2023/0228496 A1), in view of Chothave (US 2021/0325082 A1), and in view of Chu (US 2020/0158355 A1).
Claim 8: Shaffer as modified further fails to disclose a handle extending from a front of the heat exchanger, wherein the access cover defines an aperture for receiving the handle.
However, Chu teaches a handle (door handle portion 20) extending from a front of the heat exchanger (paragraph [39]: cabinet 1 for accommodating heat exchange), wherein the access cover defines an aperture (door 21 used as access cover; paragraph [57]: handle portion such as hand hole; aperture is inherent in order to receive and install the handle on the door) for receiving the handle (20) for the purpose of easily opening the door by simply pulling the door handle portion to access inside the unit (paragraph [57]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include a handle extending from a front of the heat exchanger, wherein the access cover defines an aperture for receiving the handle as taught by Chu in order to easily open the door by simply pulling the door handle portion to access inside the unit.
Claim 18: Shaffer as modified further fails to disclose a handle extending from a front of the heat exchanger, wherein the access cover defines an aperture for receiving the handle.
However, Chu teaches a handle (door handle portion 20) extending from a front of the heat exchanger (paragraph [39]: cabinet 1 for accommodating heat exchange), wherein the access cover defines an aperture (door 21 used as access cover; paragraph [57]: handle portion such as hand hole; aperture is inherent in order to receive and install the handle on the door) for receiving the handle (20) for the purpose of easily opening the door by simply pulling the door handle portion to access inside the unit (paragraph [57]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include a handle extending from a front of the heat exchanger, wherein the access cover defines an aperture for receiving the handle as taught by Chu in order to easily open the door by simply pulling the door handle portion to access inside the unit.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shaffer (US 2022/0390140 A1), in view of Souza (US 2019/0234650 A1), and in view of Huang (CN 219199375 U), in view of Chothave (US 2023/0228496 A1), in view of Chothave (US 2021/0325082 A1), and in view of Zorzit (US 8,939,826 B2).
Claim 9: Shaffer as modified further fails to disclose wherein the ventilator cabinet is an insulated housing.
However, Zorzit teaches the ventilator cabinet (ventilation cabinet 64) is an insulated housing (column 3 lines 55-60: interior of cabinet 64 is accessible through panel 64a and includes suitable insulation) for the purpose of providing suitable insulation to reduce condensation and meet building requirements (column 3 lines 55-60).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Shaffer to include the ventilator cabinet is an insulated housing as taught by Zorzit in order to provide suitable insulation to reduce condensation and meet building requirements.
Response to Arguments
Applicant's arguments with respect to all the claims under Claim Rejections - 35 USC § 103 have been fully considered and they are moot. However, applicant’s amendments necessitated the new ground(s) of rejection as stated above. Applicant’s arguments to new features and amendments are addressed in this office action.
Applicant’s argument on page 7 regarding claim 20: “Applicant respectfully notes that door handle portion is located on door body 21 not on a front of the heat exchanger, as recited in the claim”.
Examiner respectfully disagrees, because it is not claimed that handle is located on any specific component or part, further no specific location of handle is claimed. However, what is claimed is that handle extending from a front of the heat exchanger; based on broadest reasonable interpretation, handle 20 is on the door which is in front of the heat exchanger while the heat exchanger is located inside the cabinet behind the door. “a handle extending from a front of the heat exchanger”; the bolded phrase is a broad term, meaning that extending from anywhere in front of the heat exchanger would meet this limitation, plus note that handle is a 3-D structure extending in x-y-z directions. When using the term “from”, the location must be indicated, however using the term “front”, implies that it is not any specific location on the heat exchanger, but it is somewhere in front of the heat exchanger. In the summary, the quoted limitation is broad, and does not specify a precise or definite location of the handle, therefore the location is defined broadly.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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