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 .
Specification
The disclosure is objected to because of the following informalities:
The abstract of the disclosure is objected to because of legal phraseology Correction is required. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means”, “said” and “comprising” should be avoided.
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding Claim 1, the limitation “the foaming member avoiding the air inlet and the air outlet” in ll. 9 is indefinite, in context, since it cannot be discerned in what manner the foaming member avoids the air inlet, wherein the foaming member forms a portion of said inlet. For Examination purposes and in accordance with the specification and drawings, “the foaming member avoiding the air inlet and the air outlet” will be interpreted as – the foaming member forming a flow path for the air inlet and the air outlet --.
A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011). In Katz, a claim directed to "[a] system with an interface means for providing automated voice messages…to certain of said individual callers, wherein said certain of said individual callers digitally enter data" was determined to be indefinite because the italicized claim limitation is not directed to the system, but rather to actions of the individual callers, which creates confusion as to when direct infringement occurs. Katz, 639 F.3d at 1318 (citing IPXL Holdings v. Amazon.com, Inc., 430 F.3d 1377, 1384, 77 USPQ2d 1140, 1145 (Fed. Cir. 2005), in which a system claim that recited "an input means" and required a user to use the input means was found to be indefinite because it was unclear "whether infringement … occurs when one creates a system that allows the user [to use the input means], or whether infringement occurs when the user actually uses the input means."); Ex parte Lyell, 17 USPQ2d 1548 (Bd. Pat. App. & Inter. 1990) (claim directed to an automatic transmission workstand and the method of using it held ambiguous and properly rejected under 35 U.S.C. 112, second paragraph). In the present case, Claim 8 states, “and directly casting a foam material on the plastic member with a mold after the formed plastic member is solidified, so that the foam material and the plastic member are at least partially melted together, and the foam material is connected with the plastic member after the foam material is solidified”, which appears to be process limitations.
Claim 16 recites the limitation "the temperature sensor” and “the negative ion generator" in ll. 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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, 10-11 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tang (Translation of WO2019/205541A1), hereinafter referred to as Tang.
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Tang Figure 3
Regarding Claim 1, Tang discloses a water pan, comprising:
a plastic member (10), an air inlet (16, penetrates the foam layer and the plastic layer) being defined in a middle of the plastic member (shown in figure 3),
an air outlet (18, penetrates the foam layer and the plastic layer) being defined near an edge of the plastic member (shown in figure 1),
a water receiving sink (14) being defined between the air inlet and the air outlet (shown in figure 9), the water receiving sink (14) surrounding the air inlet (shown in figure 9),
the air outlet (18) continuously surrounding at least part of an outer edge of the water receiving sink (14),
a plurality of supporting grilles (shown in annotated figure 3) being arranged in the air outlet (shown in figure 3), the plurality of supporting grilles being distributed at intervals along an extension direction of the air outlet (shown in annotated figure 3); and
a foaming member (12), the foaming member and the plastic member at least partially overlapping with each other (shown in figure 7), the foaming member avoiding the air inlet and the air outlet (shown in figure 7, wherein the foam does not block the inlet or outlet).
Regarding Claim 2, Tang further discloses the foaming member (12) and the plastic member (10) are integrally formed (“the plastic layer and the foam layer are integrally molded by foaming”).
Regarding Claim 3, Tang further discloses the supporting grille is arranged along a direction from the air inlet to the air outlet (shown in annotated figure 3).
Regarding Claim 4, Tang further discloses an air inlet avoidance hole (16, penetrates the foam layer and the plastic layer) is defined in a middle of the foaming member (shown in figure 7), an air outlet avoidance hole (18, penetrates the foam layer and the plastic layer) is defined between a second frame (shown in annotated figure 2) and the water receiving sink (14), the air inlet avoidance hole corresponds in position to the air inlet (shown in figure 7), and the air outlet avoidance hole corresponds in position to the air outlet (shown in figure 7).
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Tang Figure 2
Regarding Claim 5, Tang further discloses the plastic member (10) has a first frame (shown in annotated figure 2); the supporting grille (shown in annotated figure 3) has a first end connected to the first frame (shown in annotated figures 2-3), and a second end connected to the middle of the plastic member (shown in figure 3); and the first frame is connected with the second frame (shown in annotated figure 2).
Regarding Claim 8, Tang further discloses the foaming member are integrally formed with the plastic member by injection molding the plastic member, and directly casting a foam material on the plastic member with a mold after the formed plastic member is solidified, so that the foam material and the plastic member are at least partially melted together, and the foam material is connected with the plastic member after the foam material is solidified (“the plastic layer and the foam layer are integrally molded by foaming”).
In product-by-process claims, as in Claim 8, “once a product appearing to be substantially identical is found and a 35 U.S.C. 103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference” MPEP 2113.
This rejection under 35 U.S.C. 103 is proper because the "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted). The combination of previous references meets the structural limitations put forth in Claim 8, wherein the final product existing after fabrication is compared to prior art for the purposes of patentability. The limitations regarding “injection molding” and “directly casting a foam material on the plastic member with a mold after the formed plastic member is solidified, so that the foam material and the plastic member are at least partially melted together, and the foam material is connected with the plastic member after the foam material is solidified” are drawn to methods of production and not the structural aspects of the instant invention.
Regarding Claim 10, Tang further discloses the plastic member has a plurality of connecting parts (“at least one second mounting structure 104 disposed on the plastic layer 10”), and the connecting part penetrates the foaming member (“the foam layer 12 may be temporarily punched in the field to enable the second mounting structure 104 to be exposed” and “the foam is mostly formed by foaming, a hollow boss 1044 is provided, and when the foam layer 12 is foamed on the plastic layer 10, the foam is automatically filled into the hollow boss 1044 to automatically form a positioning protrusion”).
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Tang Figure 5
Regarding Claim 11, Tang further discloses an air guiding ring (shown in annotated figure 5) is formed in the middle of the plastic member (shown in figure 5), the air inlet is defined in a center of the air guiding ring (shown in figure 5), and the air guiding ring and the foaming member do not overlap (shown in figure 5, thereby allowing airflow to enter the device).
Regarding Claim 20, Tang further discloses an air conditioner, comprising the water pan according to claim 1 (shown in figure 8).
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 of this title, 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.
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (Translation of WO2019/205541A1) as applied in Claims 1-5, 8, 10-11 and 20 above and in view of Nouchi et al. (US PG Pub. 2017/0307232A1), hereinafter referred to as Nouchi.
Regarding Claim 6, Tang fails to disclose a cross-section of the supporting grille gradually decreases along an air outlet direction.
Nouchi, also drawn to a ceiling air conditioner, teaches a cross-section of the supporting grille (53) gradually decreases along an air outlet direction (shown in figure 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the supporting grille of Tang with the cross-section of the supporting grille gradually decreasing along an air outlet direction, as taught by Nouchi, the motivation being that a reduction in cross section “smoothens the air flowing through the inner side of the plate member” ¶10.
Regarding Claim 9, a modified Tang further teaches the water receiving sink (14 of Tang) comprises a square ring structure (shown in figure 1 of Tang); and the air outlet (18) surrounds four outer sides (shown in figure 1) of the water receiving sink (14 of Tang), and each outer side is connected to at least one supporting grille (shown in figure 1 of Tang).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tang (Translation of WO2019/205541A1) as applied in Claims 1-5, 8, 10-11 and 20 above and in view of Sunahara et al. (USP 5958114A), hereinafter referred to as Sunahara.
Regarding Claim 7, although Tang discloses a supporting grille having a width (shown in annotated figure 3), Tang fails to disclose a width of the supporting grille ranges from 1.5 mm to 3.2 mm.
Regarding Claim 7, Tang fails to disclose the width of the supporting grille ranges from 1.5 mm to 3.2 mm. Sunahara, also drawn to a ceiling air conditioner,
does, however, teach a supporting grille (106) has a width and prevents deformation of the foamed heat exchanger wall, thereby preventing noise. Therefore, the width of the supporting grille is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that with an increased width of the supporting grille, the weight of the heat exchanger increases, the overall size of the heat exchanger increases as does the flow path length of the conditioned air, other parameters remaining consistent. Therefore, since the general conditions of the claim, i.e. that the heat exchanger has a supporting grille with a width, was disclosed in the prior art by Tang/ Sunahara, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a width of the supporting grille ranging from 1.5 mm to 3.2 mm. See MPEP 2144.05 II.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Tang (Translation of WO2019/205541A1) as applied in Claims 1-5, 8, 10-11 and 20 above and in view of Shiraichi et al. (Translation of WO2004/013542A1), hereinafter referred to as Shiraichi.
Regarding Claim 13, although Tang discloses the foaming member (12), Tang fails to disclose the foaming member is provided with a negative ion generator mounting part configured to mount a negative ion generator and a temperature sensor mounting part configured to mount a temperature sensor, and the negative ion generator mounting part is located on a side of the temperature sensor mounting part.
Shiraichi, also drawn to an air conditioner, teaches a member (10) is provided with a negative ion generator (30) mounting part (shown in figure 18, being the end of the drain pan (10) that houses the ion generator (30)) configured to mount a negative ion generator (30) and a temperature sensor (81) mounting part (shown in figure 18 being the bottom surface of the drain pan (10)) configured to mount a temperature sensor (81), and the negative ion generator mounting part is located on a side of the temperature sensor mounting part (shown in figure 18).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Tang with the foaming member being provided with a negative ion generator mounting part configured to mount a negative ion generator and a temperature sensor mounting part configured to mount a temperature sensor, and the negative ion generator mounting part is located on a side of the temperature sensor mounting part, as taught by Shiraichi, the motivation being “by sending ions together with the conditioned air from the outlet 5, an air purifying effect by sterilization or the like and a relaxation effect can be obtained”, further the temperature sensor provides input to the controller of the air conditioner for regulating the temperature of the dispensed air for achieving a comfortable atmosphere.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tang (Translation of WO2019/205541A1) as applied in Claims 1-5, 8, 10-11 and 20 above and in view of Shiraichi et al. (Translation of WO2004/013542A1) as applied in Claim 13 above and in further view of in view of Cui et al. (Translation of CN106403016A), hereinafter referred to as Cui.
Regarding Claim 14, although Tang discloses the foaming member, Tang fails to disclose the foaming member defines a wire slot, the wire slot is close to the air outlet and configured for allowing connecting wires of the negative ion generator and the temperature sensor to pass through.
Cui, also drawn to a ceiling air conditioner, teaches the foaming member (12) defines a wire slot (90), the wire slot is close to the air outlet and configured for allowing connecting wires of the negative ion generator and the temperature sensor (“the electric fitting component of structure can be used for rotating the fan 40 of the fan motor 41, and in addition, can be used for driving the vane 23 of the vane motor, more than one temperature sensor, plasma ion generator”) to pass through
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Tang with the foaming member defining a wire slot, the wire slot is close to the air outlet and configured for allowing connecting wires of the negative ion generator and the temperature sensor to pass through, as taught by Shiraichi, the motivation being “improve the assembling efficiency”.
Claims 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (Translation of WO2019/205541A1) as applied in Claims 1-5, 8, 10-11 and 20 above and in further view of Dai (Translation of CN108507023A), hereinafter referred to as Dai.
Regarding Claim 12, although Tang discloses the foaming member and the plastic member having mounting portions (104) for an air guiding ring (8), Tang fails to disclose the air inlet is covered with a protective net, and the protective net is detachably connected to the foaming member or the plastic member.
Dai, also drawn to an air conditioner, teaches the air inlet is covered with a protective net (7, 8), and the protective net is detachably connected (as shown in figure 4, wherein the hood (8) with the grille (7) is attached to the water receiving disc (3)) to the foaming member or the plastic member (“the water receiving disc is foam-water receiving disc, the water receiving disc is made of plastic layer or foam layer”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Tang with the air inlet being covered with a protective net, and the protective net is detachably connected to the foaming member or the plastic member, as taught by Dai, the motivation being to protect the blower from foreign debris that may damage the air conditioner.
Regarding Claim 15, a modified Tang further teaches the protective net (7, 8, as taught by Dai in the rejection of Claim 12) is a grille (shown in figure 8), the grille comprises a body (8), the body (8) is adapted to be connected with the water pan (“after the water receiving tray 3 and the air guiding ring 8 are mounted together”), the body (8) is provided with a plurality of first buttons (802, “buckles”), and the first button is adapted to be snap-fitted with the water pan to connect the body (“Columns, snaps, etc. enable the installation of the air guiding ring and the electric control box”) and the water pan (“On the other hand, the water receiving tray 3 can also be arranged to include a plastic layer, and the foam layer is provided with a second mounting structure... The column, the buckle, and the like realize the installation of the air guiding ring 8”).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (Translation of WO2019/205541A1) as applied in Claims 1-5, 8, 10-11 and 20 above and in view of Dai (Translation of CN108507023A) as applied in Claims 12 and 15 above and in further view of Lee et al. (Translation of KR20110088634A), hereinafter referred to as Lee.
Regarding Claim 16, Tang fails to disclose the grille further comprises a mounting part, the mounting part is located on an outer peripheral side of the body, and the mounting part is adapted to mount the temperature sensor and/or the negative ion generator.
Lee, also drawn to a ceiling heat exchanger, teaches a grille (7, 9) further comprises a mounting part (shown in figure 1, being the angled portion onto which the sensor (30) is attached), the mounting part is located on an outer peripheral side of a body (shown in figure 1), and the mounting part is adapted to mount the temperature sensor (30, see figure 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Tang with the grille further comprising a mounting part, the mounting part is located on an outer peripheral side of the body, and the mounting part is adapted to mount the temperature sensor and/or the negative ion generator, as taught by Lee, the motivation being that a temperature sensor provides input to the controller of the air conditioner for regulating the temperature of the dispensed air for achieving a comfortable atmosphere.
Regarding Claim 17, a modified Tang further teaches the body (7 of Lee) and the mounting part (shown in figure 1 of Lee) are integrally injection molded (shown in figure 1 of Lee).
Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (Translation of WO2019/205541A1) as applied in Claims 1-5, 8, 10-11 and 20 above and in view of Dai (Translation of CN108507023A) as applied in Claims 12 and 15 above and in further view of Uehara (Translation of CN202470353U), hereinafter referred to as Uehara.
Regarding Claim 16, Tang fails to disclose the grille further comprises a mounting part, the mounting part is located on an outer peripheral side of the body, and the mounting part is adapted to mount the temperature sensor and/or the negative ion generator.
Uehara, also drawn to a ceiling heat exchanger, teaches a grille (12) further comprises a mounting part (shown in figure 5), the mounting part is located on an outer peripheral side of a body (shown in figure 5), and the mounting part is adapted to mount the negative ion generator (13).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Tang with a grille further comprising a mounting part, the mounting part is located on an outer peripheral side of a body, and the mounting part is adapted to mount the negative ion generator, as taught by Uehara, the motivation being to provide a mounting surface for the ion generator to filter the air of the enclosed space thereby improving air quality.
Regarding Claim 19, a modified Tang further teaches the body (shown in figure 6 of Uehara) are provided with a first wire clip (40) and a second wire clip (40, shown in figure 6), the first wire clip (40) is adapted to clamp a wire of the temperature sensor (2, “a detection signal of the detecting room temperature or outside air temperature of the temperature sensor”, ¶55), and the second wire clip (40) is adapted to clamp a wire of the negative ion generator (13).
Allowable Subject Matter
Claim 18 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 PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (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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/PAUL ALVARE/Primary Examiner, Art Unit 3763
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