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 .
Response to Amendment
The proposed reply filed 07/03/2026 has been entered. Claims 16, 17, 19, and 21-33 are currently pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 17 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 17 requires “wherein said recirculated air channel discharges into said supply air channel in a direction of flow of the supply air downstream of said condenser.” Claim 16, from which claim 17 depends from, now requires “said recirculated air channel discharging into said supply air channel in a direction of flow of the supply air upstream of or at said condenser”. These two clauses are opposite of each other and a review of the specification shows a lack of written description for how this structure is possible.
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 17 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. Claim 17 requires “wherein said recirculated air channel discharges into said supply air channel in a direction of flow of the supply air downstream of said condenser.” Claim 16, from which claim 17 depends from, now requires “said recirculated air channel discharging into said supply air channel in a direction of flow of the supply air upstream of or at said condenser”. The Examiner is unclear how the recirculated air channel can discharge air both upstream and downstream of the condenser. The Examiner is unclear how to treat this claim in light of these amendments.
Allowable Subject Matter
Claims 16, 19, and 21-33 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Applicant’s arguments, filed 07/03/2026, with respect to the amendments made to independent claims 16 and 28 have been fully considered and are persuasive. The rejection of 07/03/2026 has been withdrawn. Applicant’s arguments are sufficient to clarify over the prior combination of record and further modifications would require hindsight rationale as well as excessive modifications to recreate the claimed structure of independent claims 16 and 28. For at least these reason, independent claims 16 and 28 as well as dependent claims 19, 21-27, and 29-33 are found to be allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2013/0255098 (Cavarretta) and DE 10-2010-028741 (Grunert) both teach recirculation systems.
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 CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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, MICHAEL HOANG can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762
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