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 .
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.
Claim(s) 1-3 and 6-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu (US 20170254557 A1) in view of Ramsay (US 20120264363 A1).
Regarding claim 1, Chiu teaches of:
A vent assembly for venting air from ducting of an air conditioning unit through a wall (Fig. 1, AC unit 90 is vented through wall 40)
Chiu fails to explicitly teach:
the vent assembly comprising:
an outer portion adapted to be attached to an exterior surface of the wall, the outer portion comprising:
a frame adapted to engage with the exterior surface of the wall;
a hood extending from the frame, the hood comprising:
an upper surface extending from the frame; and a pair of opposed side walls extending from the frame and connected to the upper surface; and a back portion attached to the hood, the back portion comprising:
a back wall comprising a back opening; and a damper extending across and covering at least a portion of the back opening, the damper connected to the back wall to allow for hinged movement of the damper with respect to the back wall; and an inner portion attached to the outer portion and extending through the wall, the inner portion comprising a pipe connected to the back portion and aligned with the back opening, wherein the inner portion is adapted to be removably attachable to the ducting of the air conditioning unit.
Ramsay teaches of:
the vent assembly comprising:
an outer portion adapted to be attached to an exterior surface of the wall (Fig. 1, 10), the outer portion comprising:
a frame adapted to engage with the exterior surface of the wall (Fig. 1, 12);
a hood extending from the frame (Fig. 1, 16), the hood comprising:
an upper surface extending from the frame (Fig. 1, 34); and
a pair of opposed side walls extending from the frame and connected to the upper surface (Fig. 1, 32 has opposing side walls that extend from 12 and connect to 34); and
a back portion attached to the hood (Fig. 1, 14), the back portion comprising:
a back wall comprising a back opening (Fig. 2, a back wall of 14 has a back opening 44); and
a damper extending across and covering at least a portion of the back opening (Figs. 2-3, 26 covers 44), the damper connected to the back wall to allow for hinged movement of the damper with respect to the back wall (¶ [0030], the pivoting capability of the flap may be provided by a pivoting rod 64 inserted in corresponding eyelets 62 located on upper portions of the main body 14 and the flap 26); and
an inner portion attached to the outer portion and extending through the wall, the inner portion comprising a pipe connected to the back portion and aligned with the back opening, wherein the inner portion is adapted to be removably attachable to the ducting of the air conditioning unit (Fig. 1, 20 extend through the wall on which 12 is mounted and aligns with the back opening 44 which is aligned with 24, further 20 has no features for permanent connection with a duct).
The primary reference can be modified to meet this/these limitation(s) as follows:
attach the entire system 10 of Ramsay to 41 shown in Fig. 3 of Chiu and further modify 20 of Ramsay to match the shape of 41 and 300 so that in its installed configuration 10 is mounted onto 40 via 12 and 20 passes through 41 and into 300 matching the slot shape
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
the system of Ramsay allows for air to be exhausted from an interior space while preventing the ingress of outside air, water and snow (Ramsay, ¶ [0038], This configuration in which the flap 26 is enclosed in the recessed area 39 when the flap 26 is in the closed position, offers several advantages. In particular, such a configuration helps protect the flap 26 from the effect of outside winds and therefore helps maintaining the flap 26 in the closed position in windy conditions; ¶ [0055], the cover plate 34 is laid over the front box 32 such as to form a protective space protecting the main body 14 from wind, snow, rain or even small animals) and further Ramsay explicitly states that 20 can be shaped to match the shape of the duct on which it is attached (Ramsay, ¶ [0046], it will be understood that connectors 20 and/or openings 24 having different configurations could be provided in order to match the shape and sizes of the duct or pipe to which it is to be connected to)
Regarding claim 2, the combined teachings teach of the vent assembly of claim 1, and the combined teachings further teach:
wherein the pipe comprises a first pipe end and a second pipe end (Ramsay, Fig. 1, 20 has a first pipe end terminating at 24 and a second pipe end opposite 24 that in the combined teachings attached to 300 of Chiu), wherein the first pipe end is connected to the back portion (Ramsay, 20 is connected to 14), and wherein the inner portion further comprises a bell portion extending from the second pipe end (Chiu, 30 is connected to the second pipe end of 20 and forms a bell portion).
Regarding claim 3, the combined teachings teach of the vent assembly of claim 2, and the combined teachings further teach:
Wherein the bell portion comprises:
A bell body comprising a bell end adapted to be removably attachable to the ducting of the air conditioning unit (Chiu, Fig. 3, 30 has a bell end 31 which is attached to the ducting 10 of the air conditioning unit and is detachable via mechanism 33), wherein the bell body as a diameter great than that of the pipe (Chiu, Fig. 3, the pipe of Ramsay matches the shape of 300, the shape of 300 has a diameter on its rounded edges and the diameter is smaller than that of 31); and
A sloped surface extending between the second pipe end and the bell body (Chiu, Fig. 3, 32 is a sloped surface between 31 and the connection point of the second pipe end at 300)
Regarding claim 6, the combined teachings teach of the vent assembly of claim 1, and the combined teachings further teach:
wherein the outer portion further comprises an enclosure defined, at least in part, by the upper surface, the pair of opposed side walls, and the back wall (Ramsay, Fig. 1, 34, 32 and 14 all form an enclosure)
Regarding claim 7, the combined teachings teach of the vent assembly of claim 6, and the combined teachings further teach:
wherein the damper is adapted to move hingedly into the enclosure upon exertion of a force on the damper (Ramsay, (¶ [0030], the pivoting capability of the flap may be provided by a pivoting rod 64 inserted in corresponding eyelets 62 located on upper portions of the main body 14 and the flap 26)
Regarding claim 8, the combined teachings teach of the vent assembly of claim 7, and the combined teachings further teach:
wherein the hinged movement of the damper into the enclosure uncovers at least in part, the back opening, allowing airflow from the ducting into the enclosure (Ramsay, Figs. 2-3, 26 hinges to uncover 44)
Regarding claim 9, the combined teachings teach of the vent assembly of claim 9, however, the combined teachings fail to explicitly teach:
wherein the upper surface comprises a front lower edge, wherein the side walls comprise side lower edges, and wherein the outer portion further comprises a vent opening defined, at least in part, by the front lower edge and the side lower edges.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Ramsay so that 34 and 32 were an integral piece, allowing for the front surface of 32 to considered part of 34 and to have 34 extend down towards the vent opening and forming a front lower edge and for the sidewalls of 32 to remain as the sidewall and to have side lower edges that define a vent opening (See annotated Fig. 1 of Ramsay below demonstrating the new arrangement) based on the following rationale:
It has been held that when the only difference between the prior art and the claimed device is the formation of the prior art into a single unitary piece and that such a change to the prior art would not impact the intended functionality of the prior art, than the claims were not patentably distinct over the prior art (see MPEP 2144.04.V.B). In in the instant case, modifying 16 of Ramsay so that 34 and 32 are formed together would not impact the functionality of the device and further Ramsay within their specification explicitly recites such a formation is possible (see ¶ [0055]). Further, Applicant has not placed criticality on the particular formation of the hood so that the upper surface extends to form a front lower edge.
Regarding claim 10, the combined teachings teach of the vent assembly of claim 9, and the combined teachings further teach:
wherein the vent opening leads to the enclosure (Ramsay, Fig. 1, vent opening covered by 11 leads into enclosure 16)
Regarding claim 11, the combined teachings teach of the vent assembly of claim 9, and the combined teachings further teach:
wherein the vent opening is oriented horizontally (Ramsay, Fig. 1, vent opening covered by 11 is horizontal)
Regarding claim 12, the combined teachings teach of the vent assembly of claim 10, and the combined teachings further teach:
wherein the airflow in the enclosure exits the vent assembly through the vent opening (Ramsay, Fig. 1, air exhausts out of the opening in 12 through 14 and out of the vent covered by 11)
Regarding claim 13, the combined teachings teach of the vent assembly of claim 1, and the combined teachings further teach:
wherein the outer portion further comprises a screen extending across at least a portion of the vent opening (Ramsay, Fig. 1, 11 extends across the vent opening)
Regarding claim 14, the combined teachings teach of the vent assembly of claim 1, and the combined teachings further teach:
wherein the upper surface comprises:
a roof extending from the frame (Ramsay, Fig. 1, the upper surface of 34 is the roof); and
a front wall extending from the roof (Ramsay, Fig. 1, the vertical edge of 34 extending down from the roof is the front wall)
Regarding claim 15, the combined teachings teach of the vent assembly of claim 14, however, the combined teachings fail to explicitly teach:
wherein the roof extends from the frame at an angle between 90° and 120°.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to have modified Ramsay so that the roof extends from the frame within the claimed angle range based on the following rationale:
It has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, Ramsay could extend at an angle between 90 and 120, and is described within Ramsay’s specification as extending at a slight downward angle from the frame (See ¶ [0056]) and therefore would still function as intended. Further, Applicant has placed no criticality on the claimed angle range within their specification.
Regarding claim 16, the combined teachings teach of the vent assembly of claim 14, however the combined teachings fail to explicitly teach:
wherein the front wall extends from the roof at an angle between 200° and 240°.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to have modified Ramsay so that the front wall extends from the roof within the claimed angle range based on the following rationale:
It has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the front wall of Ramsay could be oriented to extend from the roof within the claimed angle range and would still be able to perform the function of connecting the roof to the walls 32. Further, Applicant has placed no criticality on the claimed angle range within their specification.
Regarding claim 17, the combined teachings teach of the vent assembly of claim 9, and the combined teachings further teach:
wherein the outer portion further comprises a neck adapted to be attached to the back portion (Ramsay, Fig. 1, 22, 23 and 30; ¶ [0047], When provided, the support member 22 helps support the bottom portion 35 of the main body 14, as the bottom portion 35 of the main body 14 abuts the support member 22)
Regarding claim 18, the combined teachings teach of the vent assembly of claim 17, and the combined teachings further teach:
wherein the neck comprises:
a first neck portion adapted to engage with the exterior surface of the wall (Ramsay, Figs. 5-5b, the first neck portion is the flat portion of the neck between 21 and the first neck portion engages with the wall as it forms part of the frame 12);
a second neck portion extending from the first neck portion, the second neck portion adapted to attach to the back portion (Ramsay, Figs. 5-5b, the second neck portion is 30a, all components within the system as attached to one another); and
a third neck portion extending from the second neck portion (Ramsay, Figs. 1 and 8-8a, the third neck portion is 30b).
The combined teachings fail to explicitly teach:
the third neck portion extending below the vent opening.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to have modified the position of 30b so that it extends below the vent opening defined by 16 based on the following rationale:
it has been held that when the only difference between the prior art and the claimed is the relative position of an element, and shifting the position of the element would not modify the operation of the device in the prior art, then the claimed device is not patentably distinct over the prior art (see MPEP 2144.04.VI.C). In the instant case, 30b can be rearranged so that it is below the vent opening while still being attached to 23 via 30a and it would still be able to perform the function of deflecting incoming wind from blowing the damper 26 open as it would cover the vent opening where wind can enter. Further, applicant has placed no criticality on the location of 30b.
Regarding claim 19, the combined teachings teach of the vent assembly of claim 18, however, the combined teachings fail to explicitly teach:
wherein the third neck portion extends from the second neck portion at an angle between 115° and 155°.
Ramsay does teach:
wherein the third neck portion extends from the second neck portion at an angle between 90° and 120° (¶ [0053], Preferably, the deflecting section 30b forms an obtuse angle with the first section 30a, the angle between the two sections preferably being between 90 and 120 degrees)
The combined teachings can be modified to meet this/these limitation(s) as follows:
modify 30b to be at an angle between 115 and 120°
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
Ramsay explicitly states that it can contain an angle within the above range so that 30b can deflect air preventing 26 from opening
Regarding claim 20, the combined teachings teach of the vent assembly of claim 1, however, the combined teachings fail to explicitly teach:
wherein the back portion further comprises one or more back wall ledges extending from the back wall, the back wall ledges adapted to engage with the hood.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to have modified the connection points of the hood of Ramsay so that it is fastened to 14 instead of 12 based on the following rationale:
it has been held that when the only difference between the prior art and the claims is the relative position of an element, and shifting the position of the element would not modify the operation of the device in the prior art, then the claimed device is not patentably distinct over the prior art (see MPEP 2144.04.VI.C). In the instant case, the hood of Ramsay can be fastened to the ledges 40 of the back wall 14 instead of to the frame 12 and the device of Ramsay would still function as originally intended. Further, Applicant has placed no criticality on the relative connection points of the hood, backwall and frame.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu (US 20170254557 A1) in view of Ramsay (US 20120264363 A1) as presented in claim 3, and in further view of Welty (US 4964438 A)
Regarding claim 4, the combined teachings teach of the vent assembly of claim 3, however, the combined teachings fail to explicitly teach:
wherein the inner portion further comprises a cap adapted to fit over the bell end when the ducting of the air conditioning unit is detached.
Welty teaches of:
wherein the inner portion further comprises a cap adapted to fit over the bell end when the ducting of the air conditioning unit is detached (Fig. 5, 9 is inserted into the open end of a duct when not in use)
The combined teachings can be modified to meet this/these limitation(s) as follows:
to provide the system with the air duct plug of Welty sizes to fit into 30 of Chiu when the system is detached from the air conditioning unit duct
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would seal off the opening when not in use, preventing conditioned air from the interior space to exit out of the vent opening (Welty, abstract, An air duct plug is provided for obturating an open end of an air duct during periods of nonuse to prevent or limit the escape of cooled or heated air through said air duct, in a dwelling, public building or structure thereof.)
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu (US 20170254557 A1) in view of Ramsay (US 20120264363 A1) and Welty (US 4964438 A) as presented in claim 4, and in further view of Kennedy (US 4402531 A)
Regarding claim 5, the combined teachings teach of the vent assembly of claim 4, however, the combined teachings fail to explicitly teach:
wherein the inner portion further comprises a cable connecting the cap to the bell body
Kennedy teaches of:
wherein the inner portion further comprises a cable connecting the cap to the bell body (Figs. 1-2, cap 38 is attached to the body of the device via chain 42; Col. 7, lines 29-34, For convenience, the flange lug 76 has an additional aperture 86 for retaining a chain shown partially at 88 which serves to prevent loss of the cap (not shown). The cap involved may be any standard prior art cap such as the cap 38 depicted in FIG. 1.)
The combined teachings can be modified to meet this/these limitation(s) as follows:
attach the cap of Welty to the bell body of Chiu via a chain
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would prevent the cap from being lost when not in use and attached to the open end of the bell body (Kennedy, Col. 7, lines 29-34, For convenience, the flange lug 76 has an additional aperture 86 for retaining a chain shown partially at 88 which serves to prevent loss of the cap (not shown). The cap involved may be any standard prior art cap such as the cap 38 depicted in FIG. 1.)
Annotated Figures
PNG
media_image1.png
603
954
media_image1.png
Greyscale
Fig. 1 of Ramsay
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM 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, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762