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 .
This office action is a response to an amendment filed 04/07/2026.
Claims 1-7 and 9-12 are pending.
Claims 1, 2, 4, 9, and 10 are amended.
Claims 8 and 13-20 are cancelled.
Response to Arguments
Applicant’s amendment overcame the objections to the claims made in the previous Office action.
Applicant’s amendment overcame the objection to the drawings made in the previous Office action.
Applicant’s amendment overcame the objection to the specification made in the previous Office action.
Applicant’s amendment overcame the rejection under 35 USC § 112(b) made in the previous Office action.
Applicant's arguments filed 04/07/2026 have been fully considered but they are not persuasive.
Applicant’s arguments are primarily focused on that the applied prior art does not teach “wherein the damper module include the plurality of dampers, which is installed in an indoor circulation flow path and an outside air introduction flow path to adjust a discharge flow rate of inflow air; a rotational shaft and a rotational wheel supported by each of the plurality of dampers to form a rotational center for each of the plurality of dampers; a connection link configured to interlock an outside air damper of the plurality of dampers that controls an introduction amount of outside air and at least one ventilation damper of the plurality of dampers that controls an introduction amount of ventilation air to provide rotational power and enable link rotation; and a damper motor configured to be installed on the outside air damper to provide rotational power to the outside air damper.” (see Pg. 15, Args.)
In support of said argument Applicant states in pages 15-16, that:
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The Examiner respectfully disagrees.
A reference must be considered for all that it may teach, imply, or suggest to one of ordinary skill in the art. In column 4 line 32 to column 5 line 16, Whinery teaches that amount and proportion of outside air is controlled by movable dampers actuated by a motor through linkage. These passages are made in reference to Figure 2 of Whinery. The fact that the movable dampers are described for control of the entry of outdoor air, has the implication that the amount of air flow is controlled by using the motor to control the position of dampers by way of linkage to a desired position that will provide the needed proportion of outside air. Furthermore, as any person of ordinary skill in the art would understand from Figure 2 of Whinery, the manner that dampers, such as 64 in figure 2, would control the proportion of air passing through then would be to rotate about the circular portion of the damper vanes shown in figure 2 in order to open or close the space between the individual dampers so as to restrict or not restrict a proportion of the air flowing through them. This movement is explicated stated as being done by the motor actuating the dampers through linkage. Therefore, Whinery does teach the limitations in question.
While there are structural differences between the manner in which the instant application in its drawings lays out certain connections of the various components compared to the arrangement shown in Figure 2 of Whinery, the instant claims at present do not adequately detail the structure difference(s) to sufficiently overcome Whinery.
For these reasons the rejection is maintained.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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 (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 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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 6,427,461 to Whinery et al., (hereinafter Whinery), in view of Korean Patent Publication No. KR101437313B1 to Choi et al., (hereinafter Choi.. English translation of KR101437313B1 is included and cited in this office action).
Regarding claim 1, Whinery teaches an air conditioner (Air conditioner, see C3 L4-6, C2 L24-25, C1 L45-46, Whinery), comprising:
an air handling unit (Unit that handles air, see Fig. 2, C3 L4-6, Whinery);
a return duct configured to connect to the air handling unit to supply ventilation air to the air handling unit (Return air is ducted through space such as 72 in Fig. 2, see Fig. 2, C4 L60-63, C3 L12-14, Whinery );
an outside air introduction duct configured to connect to the air handling unit to introduce outdoor air into a room (Outdoor air is ducted through space such as 70 in Fig. 2 and intended for an enclosed space 16 (i.e. room), see Fig. 2, C4 L46-57, C4 L32-42, C3 L12-14, Whinery);
a damper module configured to be installed at a position at which the return duct and the outside air introduction duct are connected to each other and including a plurality of dampers that opens or closes the return duct and the outside air introduction duct (A damper module, such as an economizer area, is composed of dampers that regulate air passing through an outdoor intake and a return air intake, see C4 L33-54, Fig. 2, C3 L4-35, C4L-65, Whinery);
a detector configured to be installed in the damper module to detect a temperature, humidity, enthalpy of air flowing through the damper module (Sensor detection of enthalpy, humidity, and temperature of air that passes through economizer, such as outside and return air, and where sensors can be installed in the economizer area, see C4 L55-67, C4 L16-20; Fig. 2, C5L50-62, Whinery);
and a controller configured to selectively and variably control an opening amount of the plurality of dampers based on a measured value and a set value of the detector (Damper control provides proportion control of outdoor and air returned to an enclosed space, and can be based on a measurement and a required set level (i.e. set value, e.g., humidity), see C5 L6-35, C5 L42-65, C7 L50 to C8L49, C9 L13-28, Whinery), wherein the damper module includes: the plurality of dampers, which is installed in an indoor circulation flow path and an outside air introduction flow path (Dampers 64, 56 for outside and return inflows, see Fig. 2, C3-C5, Whinery) to adjust a discharge flow rate of inflow air (Dampers control entry (inflow) of outside air and discharged into an enclosed space, and return inflows, see Fig. 2, C4 L39-42, C3-C5, Whinery); a rotational shaft and a rotational wheel supported by each of the plurality of dampers to form a rotational center for each of the plurality of dampers (A shaft extends from an actuator motor wheel 60 that is at the center of a plurality of dampers, see Fig. 2, C4 L31-44, Whinery); a connection link configured to interlock an outside air damper of the plurality of dampers that controls an introduction amount of outside air and at least one ventilation damper of the plurality of dampers that controls an introduction amount of ventilation air to provide rotational power and enable link rotation (Linkage system that is interlocked to respective outdoor and return air dampers, and that illustratively pivot rotationally dampers to affect airflow, see Fig. 2, C4 L31-44, C3-C5, Whinery); and a damper motor configured to be installed on the outside air damper to provide rotational power to the outside air damper (An actuator motor for controlling dampers, and which is installed with the dampers to control them, including outside dampers , see Fig. 2, C4 L31-44, Whinery).
Whinery does not explicitly teach an air pressure detector.
However, Choi from the same or similar field of air conditioning, teaches n air pressure detector (Air pressure sensor for indoor, outdoor air, etc., see pgs. 3-4, Fig. 1, P25, p42, Choi).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the air conditioning as described by Whinery and incorporating a pressure detector, as taught by Choi.
One of ordinary skill in the art would have been motivated to do this modification in order to better control air conditioning by obtaining more comprehensive and complete data of parameters indicative of an environment, and that can lead to improved and more efficient air conditioning(see pg 5, pgs. 3-4, Fig. 1, P25, p42, Choi).
Regarding claim 2, the combination of Whinery and Choi teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery further teaches wherein the damper module includes: a duct case that forms a flow path for air flowing through the return duct and the outside air introduction duct (Economizer portion encloses a formed path for outside air and return air, see Fig. 2, C4, C3, Whinery); and the plurality of dampers, which adjusts a discharge flow rate of the air flowing along the flow path of the duct case (Dampers adjust proportion of airflow through economizer, see C5, Fig. 2, C4, C3, Whinery).
Regarding claim 3, the combination of Whinery and Choi teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery further teaches wherein the duct case includes: a ventilation inflow plate along which the ventilation air of the return duct flows and which includes a ventilation inflow passage (A passage flow for return air into enclosure, which has a wall plate, see Fig. 2, C3-C5, Whinery); an outdoor air inflow plate along which the outdoor air of the outside air introduction duct flows and which includes an outdoor air inflow passage (A passage flow for outdoor air into enclosure, which has a wall plate, see Fig. 2, C3-C5, Whinery); and an air discharge plate disposed at a position at which the ventilation air passing through the ventilation inflow passage and the outside air inflow passage is discharged, and including a ventilation discharge passage and an outside air discharge passage and through which ventilation and outside air are separately discharged (A passage that permits separately discharging outside and return air inflow with selective dampers, 64 or 56, through enclosure, which has a wall plate, see Fig. 2, C3-C5, Whinery).
Regarding claim 4, the combination of Whinery and Choi teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery further teaches wherein an indoor circulation flow path is provided inside of the duct case and configured to connect to the return duct, and wherein an outside air introduction flow path is provided inside of the duct case and configured to connect to the outside air introduction duct (Air supplied into an enclosed space 16, is circulated back through a return flow into enclosure case duct 12, and which includes connected outdoor duct for outdoor air inflow, see Fig. 2, C3-C5, Whinery ).
Regarding claim 5, the combination of Whinery and Choi teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery further teaches wherein the ventilation inflow passage has a same width as a width of the return duct so that an amount of ventilation air flowing through the return duct is directly supplied to the indoor circulation flow path (Cross section of inflow is same as return flow, see Fig. 2, Whinery).
Regarding claim 6, the combination of Whinery and Choi teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery further teaches wherein the indoor circulation flow path and the outside air introduction flow path are partitioned by a partition wall so that the air flowing therein from the return duct and the outside air introduction duct are not mixed with each other inside of the duct case (A division wall separates outdoor inflow intake duct 70 and return air inflow duct 72, see Fig. 2, Whinery).
Regarding claim 7, the combination of Whinery and Choi teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery further teaches wherein a partition wall includes: a first partition wall configured to extend into the duct case at an angle from a corner at which the ventilation inflow plate and the outside air inflow plate cross each other (A partition 12d at an angle extending between outside duct enclosure and inflow, see Fig. 2, Whinery); and a second partition wall configured to extend from the first partition wall to the air discharge plate to separate the indoor circulation flow path and the outside air introduction flow path (Another partition connected almost perpendicular to 12d separating outdoor and return flow, see Fig. 2, Whinery).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Whinery, in view of Choi, and in further view of US Patent Publication No. 2022/0082268 to Hammond et al., (hereinafter Hammond).
Regarding claim 9, the combination of Whinery and Choi teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery further teaches wherein outdoor air dampers are provided in an outside air introduction flow path, and wherein at least one of a plurality of ventilation dampers are provided that open and close indoor circulation flow path by being interlocked with the outside air dampers (Dampers provided on outdoor air path 64 and from return circulation flow path 56 and are interlocked, and their opening are controlled thus open and close, see Fig. 2, C3-C5, Whinery).
Whinery does not explicitly teach a single damper and a pair of dampers.
However, Hammond from the same or similar field of air conditioners and economizers, teaches a single damper and a pair of dampers (dampers for a return and external air paths, where there can be one or more dampers, see P34, p46, Hammond).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the air conditinoing as described by the combination that includes Whinery and incorporating a desired number of dampers, as taught by Hammond.
One of ordinary skill in the art would have been motivated to do this modification in order to better accommodate a desired number of damper flaps for a desired duct cross section (see p34, Hammond).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Whinery, in view of Choi, in further view of Hammond, and in further view of US Patent Publication No. 2024/0035683 to Rosso et al., (hereinafter Rosso).
Regarding claim 10, the combination of Whinery, Choi, and Hammond teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery does not explicitly teach wherein a controller includes a ventilation air introduction mode in which, when a temperature of outdoor air flowing into a room is high and a temperature of the ventilation air flowing into the room is low, an outside air introduction flow path is blocked to prevent introduction of outdoor air and an indoor circulation flow path is opened.
However, Rosso from the same or similar field of air conditioners and free cooling, teaches wherein a controller include a ventilation air introduction mode in which, when a temperature of outdoor air flowing into a room is high and a temperature of the ventilation air flowing into the room is low, an outside air introduction flow path is blocked to prevent introduction of outdoor air and an indoor circulation flow path is opened (When an outside environment temperature is greater (i.e. hot) compared to a room space, thus a low temperature, then an operative mode with outdoor environment dampers 13 closed and return recirculating dampers 11 open, can be used, see P41, Fig. 3A, p25, 44, Rosso).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the air conditioning as described by the combination that includes Whinery and incorporating a ventilation mode with outside flow blocked and indoor circulation open, as taught by Rosso.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide efficient cooling conditioning by not introducing outdoor temperature that can be counterproductive by introducing warmer air than supplied cooling system flow (see Fig. 3A, p41, Rosso).
Regarding claim 11, the combination of Whinery, Choi, and Hammond teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery does not explicitly teach wherein a controller includes an outside air introduction mode in which, when a temperature of an outdoor air flowing into a room is low and a temperature of a ventilation air flowing into the room is high, an outside air introduction flow path is opened to secure the introduction of outdoor air and to block the indoor circulation flow path.
However, Rosso from the same or similar field of air conditioners and free cooling, teaches a controller includes an outside air introduction mode in which, when a temperature of an outdoor air flowing into a room is low and a temperature of a ventilation air flowing into the room is high, an outside air introduction flow path is opened to secure the introduction of outdoor air and to block the indoor circulation flow path (When an outside environment temperature is lower compared to a room space, thus a higher temperature, then an operative mode with outdoor environment dampers 13 opened and return recirculating dampers 11 closed as illustrated, can be used, see Fig. 4A, P42, p25, 44, Rosso).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the air conditioning as described by the combination that includes Whinery and incorporating a ventilation mode with outside flow open and indoor circulation blocked, as taught by Rosso.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide efficient cooling conditioning and energy efficiency by introducing cooler outdoor temperature air that that can cool a warmer air in a space, while blocking the warm air from raising the to be introduced outdoor air (see Fig. 4A, Rosso).
Regarding claim 12, the combination of Whinery, Choi, and Hammond teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Whinery does not explicitly teach wherein a controller includes: a mixed air introduction mode that controls an opening amount of an outside air introduction flow path by comparing a temperature of an outdoor air at an inlet of an outdoor air inflow passage and a temperature of a ventilation air at an inlet of a ventilation inflow passage, and a temperature of the mixed air mixed at outlets of the ventilation discharge passage and the outdoor air discharge passage.
However, Rosso from the same or similar field of air conditioners and free cooling, teaches wherein a controller includes: a mixed air introduction mode that controls an opening amount of an outside air introduction flow path by comparing a temperature of an outdoor air at an inlet of an outdoor air inflow passage and a temperature of a ventilation air at an inlet of a ventilation inflow passage, and a temperature of the mixed air mixed at outlets of the ventilation discharge passage and the outdoor air discharge passage (When an outside environment temperature is compared to a temperature of space ventilation, then an operative mode that introduces a combination of outdoor and circulated air, can be used, see Fig. 5A, P43, p25, 44, Rosso).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the air conditioning as described by the combination that includes Whinery and incorporating mixed air, as taught by Rosso.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide efficient cooling conditioning by partially taking advantage moderately cool outdoor temperature with conditioned circulated air (see Fig. 5A, p43, Rosso).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Desmond et al., US. Patent No. 6,346,041 teaches an economizer capable of mixing outside air and inside air with movable air dampers through open and closed positions.
Conclusion
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 EMILIO J SAAVEDRA whose telephone number is (571)270-5617. The examiner can normally be reached M-F: 9:30am-5:30pm (EST).
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, Robert E Fennema can be reached at (571) 272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILIO J SAAVEDRA/Primary Patent Examiner, Art Unit 2117
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