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 .
Election/Restrictions
The restriction requirement between inventions, as set forth in the Office action mailed on March 19, 2026 has been reconsidered. The restriction requirement is hereby withdrawn. Specifically, the restriction requirement of March 19, 2026 is fully withdrawn. Claims 15-20, directed to invention II no longer withdrawn from consideration.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the retention bracket pivotably connected to the indoor portion adjacent the window slot engaging the window sash as required by claims 3-5, and 9-14 and where in the first configuration where the retention bracket engages the window sash the retention bracket projects upwardly away from the top opening of the window slot as required by claim 13 must be shown or the feature(s) canceled from the claim(s). Figure 11 is a section view of figure 7, and here there is no engagement between the retention bracket (130) and the window sash (12). Without a drawing showing how the window sash engages the pivotable retention bracket in the first upwardly extending configuration, one is not able to understand Applicant’s claimed invention. 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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claim 4, the claim requires the retention bracket is substantially perpendicular in the first configuration. However, the claim does not further specify what structure the retention bracket is to be substantially perpendicular to. Accordingly, the metes and bounds of the claim is unclear. For the purposes of examination, the examiner is going to treat the claim as if it read, “the retention bracket is substantially perpendicular to a top surface of the indoor portion of the housing in the first configuration”.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 8-12, 14, and 21-26, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2021/0332989 to Liang et al., hereinafter referred to as Liang.
In reference to claims 1 and 21, Liang discloses the claimed invention including:
A window air conditioning unit (100) comprising:
a housing having an indoor portion (12) and an outdoor portion (11) spaced apart from each other to define a window slot (13) slidably receiving a window sash (102); and
a retention bracket (2) configured to releasably engage the window sash (102), the retention bracket is positionable between a first configuration (see figures 3 and 4) and a second configuration (see figures 6 and 7), when in the first configuration the retention bracket (2) is configured to engage the window sash (102), (locked state) see figure 3, and when in the second configuration (unlocked state) the retention bracket is configured to disengage from the window sash [0005].
With respect to claim 21 in process or method claims, a prior art device anticipates a claimed process or method if the device carries out the process during normal operation. Since the device taught by Liang is the same as a device described in the applicant's specification for carrying out the claimed method, it can be assumed that the devices of the prior art will inherently perform the claimed process, see MPEP 2112.02, Process Claims.
In reference to claim 2, Liang discloses the claimed invention including:
the retention bracket (2) is disengaged from the window sash in the second configuration (unlocked state) the window sash moves vertically within the window slot (as inferred from the drawings specifically figures 1-4.
In reference to claim 3, Liang discloses the claimed invention including:
the retention bracket (2) is pivotably (at 21) connected to the housing and pivots between the first configuration and the second configuration [0065].
In reference to claim 4, Liang discloses the claimed invention including:
the retention bracket (2) is substantially perpendicular to a top of the indoor portion of the housing in the first configuration. As seen in figure 3, the back surface of bracket (2) is perpendicular to the top of the indoor portion of the housing. See annotated reference below for the examiner's definition of the perpendicular surface.
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In reference to claim 5, Liang discloses the claimed invention including:
the retention bracket (2) is pivotably connected to the indoor portion (12) adjacent the window slot (13), see figure 3.
In reference to claim 8, Liang discloses the claimed invention including:
the retention bracket (2) is capable of stopping the window sash from downward travel within the window slot when in the first configuration (locked state). Note that if the retention bracket were to be locked before the window was closed, the retention bracket would prevent the window sash from traveling further downward. Accordingly, Liang is considered to be capable of so performing.
In reference to claims 9 and 10, Liang discloses the claimed invention including:
The subject matter of claims 9 and 10 are directed towards essentially the same subject matter as claim 3 and 1. See rejection of claims 3 and 1 supra.
In reference to claim 11, Liang discloses the claimed invention including:
in the second configuration (unlocked) the retention bracket (2) is stowed with the housing (see figure 7) and when in the first configuration (locked) the retention bracket (2) is deployed from the housing (see figure 3).
In reference to claim 12, Liang discloses the claimed invention including:
the retention bracket (2) is stowed in the window slot (13), see figure 3 (when stowed in the unlocked position, the bracket would be located in the window slot (13)).
In reference to claim 14, Liang discloses the claimed invention including:
the pivot mechanism includes a hinge (21), wherein the hinge is substantially horizontal, see figure 7.
In reference to claim 22, Liang discloses the claimed invention including:
the window assembly comprising at least one vertically operable window sash, a horizontal windowsill, and two vertical side window tracks (inferred from the description of Liang).
In reference to claim 23, Liang discloses the claimed invention including:
providing the window air conditioning unit having the window slot separating the indoor portion from the outdoor portion and the retention bracket;
raising the window sash;
positioning the window air conditioning unit onto the windowsill;
positioning the retention bracket between the first configuration (locked) and the second configuration (unlocked); and pivoting the retention bracket between the first configuration (locked) and the second configuration (unlocked), wherein when in the first configuration the retention bracket is in a first pivot position (as seen in figure 3) and when in the second configuration the retention bracket is in a second pivot position (as seen in figure 7). Note that in process or method claims, a prior art device anticipates a claimed process or method if the device carries out the process during normal operation. Since the device taught by Liang is the same as a device described in the applicant's specification for carrying out the claimed method, it can be assumed that the devices of the prior art will inherently perform the claimed process, see MPEP 2112.02, Process Claims.
In reference to claim 24, Liang discloses the claimed invention including:
stowing the retention bracket (2) from the first configuration (locked) to the second configuration (unlocked) and deploying the retention bracket (2) from the second configuration (unlocked) to the first configuration (locked). Note that in process or method claims, a prior art device anticipates a claimed process or method if the device carries out the process during normal operation. Since the device taught by Liang is the same as a device described in the applicant's specification for carrying out the claimed method, it can be assumed that the devices of the prior art will inherently perform the claimed process, see MPEP 2112.02, Process Claims.
In reference to claim 25, Liang discloses the claimed invention including:
positioning the retention bracket between the first configuration (locked) and the second configuration (unlocked) is when the window sash (102) is disengaged from the retention bracket (2). Note that in process or method claims, a prior art device anticipates a claimed process or method if the device carries out the process during normal operation. Since the device taught by Liang is the same as a device described in the applicant's specification for carrying out the claimed method, it can be assumed that the devices of the prior art will inherently perform the claimed process, see MPEP 2112.02, Process Claims.
In reference to claim 26, Liang discloses the claimed invention including:
engaging and/or disengaging the window sash (102) to the retention bracket (2) only when in the first configuration (locked) and not when in the second configuration (unlocked). Note that when in the second configuration (figure 7) the window sash would not ever be engaged with the window stash until deployed in the first configuration.
Claims 1, 6, 7, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US3,576,114 to Sharp et al., hereinafter referred to as Sharp.
In reference to claims 1 and 15, Sharp discloses the claimed invention including:
A window air conditioning unit (10) comprising:
a housing having an indoor portion (12) and an outdoor portion (14) spaced apart from each other to define a window slot (20) slidably receiving a window sash, see figure 5; and
a retention bracket (42) configured to (interpreted to mean capable of) releasably engage the window sash/housing, the retention bracket is positionable between a first configuration (see figure 4) and a second configuration (see figure 3 and 5), when in the first configuration the retention bracket (42) is configured to engage the window sash/housing, see figure 3, and when in the second configuration (figure 3 and 5) the retention bracket is configured to disengage from the window sash/housing. Note that when bracket (42) is installed it would engage with a window sash if installed with a double hung window. Therefore, the bracket is considered configured to so perform.
In reference to claim 6, Sharp discloses the claimed invention including:
the retention bracket (42) is removed from the housing when in the second configuration. See figures 3 and 5 where the bracket is not attached to the housing.
In reference to claim 7, Sharp discloses the claimed invention including:
the retention bracket (42) spans a top opening of the window slot between the indoor portion and the outdoor portion when in the first configuration (as seen in figures 7 and 8).
In reference to claim 16, Sharp discloses the claimed invention including:
in the second configuration (figure 5) the retention bracket (42) is configured to be disengaged from the window sash and the window sash is configured to travel downwardly into the window slot. Note in this configuration, the bracket (42) is not installed.
In reference to claim 17, Sharp discloses the claimed invention including:
the retention bracket (42) is releasably affixed to one or more portions of the housing via one or more fasteners (42/44/96, etc.).
In reference to claim 18, Sharp discloses the claimed invention including:
the retention bracket (42) includes at least one member (58) projecting upwardly from a bottom wall (44), see figure 1.
In reference to claim 19, Sharp discloses the claimed invention including:
the retention bracket (42) (is capable of impeding) downward travel of the window sash into the window slot when in the first configuration (see figure 6).
In reference to claim 20, Sharp discloses the claimed invention including:
at least one member (58) of the retention bracket (42) extends upwardly away from a top opening of the window slot (20) when in the first configuration, see figure 1.
Allowable Subject Matter
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSEY D BAUER whose telephone number is (571)270-7113. The examiner can normally be reached Mon-Thurs: 10AM-8PM (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSEY D BAUER/ Primary Examiner, Art Unit 3763
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