Prosecution Insights
Last updated: May 29, 2026
Application No. 18/564,196

AIR-CONDITIONING APPARATUS

Non-Final OA §103
Filed
Nov 27, 2023
Priority
Jul 23, 2021 — EU 21425035.9 +1 more
Examiner
TIGHE, DANA K
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Mitsubishi Electric Hydronics & It Cooling Systems S P A
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
493 granted / 651 resolved
+5.7% vs TC avg
Strong +17% interview lift
Without
With
+17.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
18 currently pending
Career history
671
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
78.7%
+38.7% vs TC avg
§102
6.2%
-33.8% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 651 resolved cases

Office Action

§103
DETAILED ACTION The present office action is in response to the preliminary amendment filed on 11/27/2023. Claims 1 – 13 are pending in the application. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Claim Objections Claim 7 is objected to because of the following informalities: Claim 7 recites “the degree of airtightness of the air supply damper” in line 2 and “the degree of airtightness of the return air damper” in lines 2-3. Claim 7 depends from Claim 3. There is insufficient antecedent basis for these limitations in the claim. Antecedent basis for “a degree of airtightness of the air supply damper” and “a degree of airtightness of the return air damper” are established in Claim 4. For purposes of examination, the Examiner interprets Claim 7 to depend from Claim 4, instead of Claim 3. Appropriate correction is required. 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 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 1, 3, 8, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Tomohiro et al. (JP2005188915A, listed on Applicant’s IDS dated 11/27/2023; English Machine Translation provided by Applicant replied upon herein) in view of Doi (U.S. Pre-Grant Publication No. 2020/0378645). Regarding Claim 1, Tomohiro shows (Figures 23A and B): An air-conditioning apparatus (apparatus illustrated in Figure 23) that supplies conditioned air (SA) to a room (room, Paragraph 0161) through an air supply duct (although that is it inherent an air supply duct connects 214 to the room, it is not explicitly shown by Tomohiro) by operating an air-sending device (226), the air-conditioning apparatus (apparatus illustrated in Figure 23) comprising: a housing (210) having an outside air port (211), an air supply port (214), a return air port (213), and an exhaust port (212), the outside air port (211) taking outside air (OA) into the housing (210), the air supply port (213) suppling (as illustrated by the air flow arrows I Figure 23) the outside air (OA) taken into the housing (210) from the outside air port (211) to (as SA) the room (room, Paragraph 0161), the air supply duct (although that is it inherent an air supply duct connects 214 to the room, it is not explicitly shown by Tomohiro) being connected to the air supply port (214), the return air port (213) taking air (RA) into the housing (210) from the room (room, Paragraph 0161), the exhaust port (212) exhausting (as illustrated by the air flow arrows in Figure 23A) the air (RA) taken into the housing (210) from the return air port (213) to (as EA) outside (outside of the building); an outside air passage (passage through 217 and 218) formed in the housing (210) to make the outside air port (211) and the air supply port (214) communicate with each other (as illustrated by the air flow arrows in Figure 23); an exhaust air passage (passage through 215 and 216) formed in the housing (210) in a separated manner (as illustrated in Figure 23) from the outside air passage (passage through 217 and 218) to make the return air port (214) and the exhaust port (212) communicate with each other (as illustrated by the air flow arrows in Figure 23); an indoor heat exchanger (223) disposed in (223 is disposed in 218) the outside air passage (passage through 217 and 218), refrigerant (refrigerant flowing in the connected refrigerant circuit, Paragraph 0162) flowing through the indoor heat exchanger (223); and the air-sending device (226) disposed in (226 is disposed in 218) the outside air passage (passage through 217 and 218), and configured to generate an air flow (air flow of the solid air flow arrow in Figure 23) directed toward the room (room, Paragraph 0161) from the outside air port (211) via the air supply port and the air supply duct (although that is it inherent an air supply duct connects 214 to the room, it is not explicitly shown by Tomohiro) during operation. However, Tomohiro does not explicitly show that an air supply duct is connected between the air supply port and the room, and an air supply damper configured to open and close the air supply port, the air supply damper being open during the operation of the air-sending device and being closed during a stop of the air-sending device. In the same field of endeavor of air-conditioning apparatuses, Doi teaches (Figure 10): It is known in the air-conditioning apparatus (300) art for an air supply duct (11c) to be connected between (as illustrated in Figure 10) the air supply port (1b) and the room (53). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the air supply port shown by Tomohiro to be connected to the room through an air supply duct, as taught by Doi, to provide flexibility in the location of the air-conditioning apparatus in relation to the room by using a duct to route the air from the air supply port to the room. In a different embodiment, Tomohiro teaches (Figures 19A and B): It is known in the air-conditioning apparatus (apparatus illustrated in Figure 19) to include dampers (231-234) including an exhaust damper (231), a outside air damper (232), a return air damper (233), and an air supply damper (234) configured to open (as illustrated in Figure 19A) and close (as illustrated in Figure 19B) the air supply port (214), the air supply damper (234) being open (as illustrated in Figure 19A, during operation) during the operation (during operation, as described in Paragraph 0156) of the air-sending device (226) and being closed (as illustrated in Figure 19B) during a stop (during the stop, as described in Paragraph 0156) of the air-sending device (226). Further, “in this state, the inside of the casing is isolated from both the outside and inside of the room, and the entrance of outdoor air and indoor air into the casing is prevented. Accordingly, even when the humidity control apparatus is stopped, the adsorption element can be maintained in a dry state”, Paragraph 0156. It would have been obvious to one having ordinary skill in the art at the time of filing to modify the air-conditioning apparatus shown by Tomohiro Figure 23 to include the exhaust damper, the outside air damper, the return air damper, and the supply air damper, as taught by Tomohiro Figure 19, to isolate the casing from both the outside and inside of the room, preventing entrance of outdoor air and indoor air into the casing, thereby maintaining the adsorption element in a dry state. Regarding Claim 3, the combination of Tomohiro (Figures 23A and B), Doi (Figure 10), and Tomohiro (Figures 19A and B) teaches: A return air duct (Tomohiro Figure 23: although that is it inherent a return air duct connects 213 to the room, it is not explicitly shown by Tomohiro) configured to make the return air port (Tomohiro Figure 23: 213) and the room (Tomohiro Figure 23: room, Paragraph 0161) communicate with each other; a return air damper (Tomohiro: 233, as modified in Claim 1 above in view of Tomohiro Figure 19) configured to open and close the return air port (Tomohiro Figure 23: 213); an outside air damper (Tomohiro: 232, as modified in Claim 1 above in view of Tomohiro Figure 19) configured to open and close the outside air port (Tomohiro Figure 23: 211); an exhaust damper (Tomohiro: 231, as modified in Claim 1 above in view of Tomohiro Figure 19) configured to open and close the exhaust port (Tomohiro Figure 23: 212); a return air device (Tomohiro Figure 23: 225) disposed in the exhaust air passage (Tomohiro Figure 23: passage through 215 and 216), and configured to generate an air flow (Tomohiro Figure 23: air flow of the dashed air flow arrow in Figure 23) directed toward the exhaust port (Tomohiro Figure 23: 212) from the room (Tomohiro Figure 23: room, Paragraph 0161) via the return air duct (Tomohiro Figure 23: although that is it inherent a return air duct connects 213 to the room, it is not explicitly shown by Tomohiro) and the return air port (Tomohiro Figure 23: 213), wherein the return air damper (Tomohiro: 233), the outside air damper (Tomohiro:232), and the exhaust damper (Tomohiro:231) are closed (as illustrated in Tomohiro Figure 19B) during the stop (Tomohiro: during the stop, as described in Paragraph 0156) of the air-sending device (Tomohiro Figure 23: 226) and the air return device (Tomohiro Figure 23: 225). However, Tomohiro does not explicitly show that an return air duct is connected between the return air port and the room. In the same field of endeavor of air-conditioning apparatuses, Doi further teaches (Figure 10): It is known in the air-conditioning apparatus (300) art for a return air duct (12a) to be connected between (as illustrated in Figure 10) the return air port (1c) and the room (53). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the return air port shown by Tomohiro to be connected to the room through an return air duct, as taught by Doi, to provide flexibility in the location of the air-conditioning apparatus in relation to the room by using a duct to route the air from the room to the return air port. Regarding Claim 8, the combination of Tomohiro (Figures 23A and B), Doi (Figure 10), and Tomohiro (Figures 19A and B) teaches: The air supply damper (Tomohiro: 234, as modified in Claim 1 above in view of Tomohiro Figure 19) is open (Tomohiro: as illustrated in Figure 19A) during energization (Tomohiro: during operation, as described in Paragraph 0156), and is closed (Tomohiro: as illustrated in Figure 19B) during a stop (Tomohiro: during the stop, as described in Paragraph 0156). Regarding Claim 10, the combination of Tomohiro (Figures 23A and B), Doi (Figure 10), and Tomohiro (Figures 19A and B) teaches: The air supply damper (Tomohiro: 234, as modified in Claim 1 above in view of Tomohiro Figure 19) is open (Tomohiro: as illustrated in Figure 19A) during energization (Tomohiro: during operation, as described in Paragraph 0156), and is closed (Tomohiro: as illustrated in Figure 19B) during a stop (Tomohiro: during the stop, as described in Paragraph 0156). Regarding Claim 13, Tomohiro shows (Figures 23A and B): A total heat exchanger (220) configured to perform heat exchange (as illustrated by the air flow arrows in Figure 23A) between the outside air (OA) taken into the housing (210) from the outside air port (211) and the air (RA) of the room (room, Paragraph 0161) taken into the housing (210) from the return air port (213). Claims 2, 5, 6, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tomohiro et al. (JP2005188915A, listed on Applicant’s IDS dated 11/27/2023; English Machine Translation provided by Applicant replied upon herein) and Doi (U.S. Pre-Grant Publication No. 2020/0378645), as recited in Claim 1 above, further in view of KR102319017 (English Machine Translation provided herein and relied upon below). Regarding Claim 2, the combination of Tomohiro and Doi teaches the claimed invention except an open port formed in the housing to cause the outside air passage to be open to the outside, and an open damper configured to open and close the open port, wherein the open damper is closed during the operating of the air-sending device and is open during the stop of the air-sending device. In the same field of endeavor of air-conditioning apparatuses, KR102319017 teaches (Figures 6 and 11): It is known in the air-conditioning apparatus (apparatus illustrated in Figure 11) art for an open port (port opened and closed by 315, as illustrated in Figure 11) to be formed in the housing (housing illustrated in Figure 11) to cause the outside air passage (passage from 302 to 304) to be open (by opening 315, 302 is open to 342) to the outside (outside of the apparatus), and an open damper (315) configured to open and close (as illustrated in Figure 11) the open port (port opened and closed by 315, as illustrated in Figure 11), wherein the open damper (315) is closed (as illustrated in Figure 6) during the operating of the air-sending device (326) and is open (as illustrated in Figure 11) during the stop (“the exhaust fan 346 is driven”, Paragraph 0069; as illustrated in Figure 11, 326 is stopped during this mode) of the air-sending device (326). Further, “11 is an outdoor air flow diagram illustrated exhaustion operation during indoor heating and cooling operation. If you exhaust indoor air during cooling or heating operation, energy is wasted, so outdoor air is used”, Paragraph 0069. It would have been obvious to one having ordinary skill in the art at the time of filing to modify the apparatus shown by Tomohiro to include an open port formed in the housing to cause the outside air passage to be open to the outside, and an open damper configured to open and close the open port, wherein the open damper is closed during the operating of the air-sending device and is open during the stop of the air-sending device, as taught by KR102319017 to save energy during the cooling or heating operation by exhausting outdoor air instead of indoor air. Regarding Claim 5, the combination of Tomohiro (Figures 23A and B), Doi (Figure 10), and Tomohiro (Figures 19A and B) teaches: A return air duct (Tomohiro Figure 23: although that is it inherent a return air duct connects 213 to the room, it is not explicitly shown by Tomohiro) configured to make the return air port (Tomohiro Figure 23: 213) and the room (Tomohiro Figure 23: room, Paragraph 0161) communicate with each other; a return air damper (Tomohiro: 233, as modified in Claim 1 above in view of Tomohiro Figure 19) configured to open and close the return air port (Tomohiro Figure 23: 213); a return air device (Tomohiro Figure 23: 225) disposed in the exhaust air passage (Tomohiro Figure 23: passage through 215 and 216), and configured to generate an air flow (Tomohiro Figure 23: air flow of the dashed air flow arrow in Figure 23) directed toward the exhaust port (Tomohiro Figure 23: 212) from the room (Tomohiro Figure 23: room, Paragraph 0161) via the return air duct (Tomohiro Figure 23: although that is it inherent a return air duct connects 213 to the room, it is not explicitly shown by Tomohiro) and the return air port (Tomohiro Figure 23: 213), and a partition wall (Tomohiro: the partition wall running horizontally through the middle of 210) configured to divide an inside of the housing (210) into the outside air passage (Tomohiro: passage through 217 and 218) and the exhaust air passage (Tomohiro: passage through 215 and 216). However, the combination lacks showing a communication port formed in the partition wall to make the outside air passage and the exhaust air passage communicate with each other and a penetrated damper configured to open and close the communication port, wherein the penetrated damper is open and the air supply damper and the return air damper are closed during the stop of the air-sending device, and an air flow is generated with operation of the air return device, the air flow flowing from the outside air port and being exhausted from the exhaust port via the communication port. Doi further teaches (Figure 10): A communication port (8a) formed in the partition wall (7/8) to make the outside air passage (passage from 1a to 1b) and the exhaust air passage (passage from 1c to 1d) communicate with each other and a penetrated damper (26) configured to open and close (based on the position of 26) the communication port (8a). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the partition wall shown by Tomohiro to include a communication port formed in the partition wall to make the outside air passage and the exhaust air passage communicate with each other and a penetrated damper configured to open and close the communication port, as taught by Doi, to increase controllability of the air-conditioning apparatus by having a bypass. In the same field of endeavor of air-conditioning apparatuses, KR102319017 teaches (Figures 6 and 11): It is known in the air-conditioning apparatus (apparatus illustrated in Figure 11) art for an operational mode to include the penetrated damper (315) is open (as illustrated in Figure 11) and the air supply damper (324) and the return air damper (334) are closed (as illustrated in Figure 11) during the stop (“the exhaust fan 346 is driven”, Paragraph 0069; as illustrated in Figure 11, 326 is stopped during this mode) of the air-sending device (326), and an air flow (as illustrated by the air flow arrows in Figure 11) is generated with operation (“the exhaust fan 346 is driven”, Paragraph 0069) of the air return device (346), the air flow (as illustrated by the air flow arrows in Figure 11) flowing from the outside air port (312) and being exhausted from the exhaust port (342) via the communication port (the port which is opened or closed by 315). Further, “11 is an outdoor air flow diagram illustrated exhaustion operation during indoor heating and cooling operation. If you exhaust indoor air during cooling or heating operation, energy is wasted, so outdoor air is used”, Paragraph 0069. It would have been obvious to one having ordinary skill in the art at the time of filing to modify the apparatus taught by the combination of Tomohiro and Doi such that the penetrated damper is open and the air supply damper and the return air damper are closed during the stop of the air-sending device, and an air flow is generated with operation of the air return device, the air flow flowing from the outside air port and being exhausted from the exhaust port via the communication port, as taught by KR102319017 to save energy during the cooling or heating operation by exhausting outdoor air instead of indoor air. Regarding Claim 6, the combination of Tomohiro (Figures 23A and B), Doi (Figure 10), Tomohiro (Figures 19A and B), and KR102319017 (Figures 6 and 11) teaches: The communication port (Doi: 8a) is formed on an upwind side (Doi: 8a is on the upwind side of 2 in the direction of return air flow, as illustrated in Figure 10; when applied in the same position within Tomohiro Figure 23, this is upwind/upstream of 223) of the indoor heat exchanger (223). Regarding Claim 9, the combination of Tomohiro (Figures 23A and B), Doi (Figure 10), Tomohiro (Figures 19A and B), and KR102319017 (Figures 6 and 11) teaches: The open damper (KR102319017i: 315) is closed during energization (as taught by KR102319017, the damper is closed when the air-sending device is energized) and is open during non-energization (as taught by KR102319017, the damper is open when the air-sending device is non-energized). Regarding Claim 11, the combination of Tomohiro (Figures 23A and B), Doi (Figure 10), Tomohiro (Figures 19A and B), and KR102319017 (Figures 6 and 11) teaches: The penetrated damper (Doi: 26) is closed during energization (as taught by KR102319017, the damper is closed when the air-sending device is energized) and is open during non-energization (as taught by KR102319017, the damper is open when the air-sending device is non-energized). Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tomohiro et al. (JP2005188915A, listed on Applicant’s IDS dated 11/27/2023; English Machine Translation provided by Applicant replied upon herein) and Doi (U.S. Pre-Grant Publication No. 2020/0378645), as recited in Claim 1 above, further in view of Weinert (U.S. Patent No. 11,041,647). Regarding Claim 12, Tomohiro shows (Figures 23A and B): The air-conditioning apparatus (apparatus illustrated in Figure 23) serves a single room and blows the conditioned air (SA) toward the room (as illustrated by the air flow arrows in Figure 23A). However, the combination of Tomohiro and Doi lack showing the air supply duct extends towards a plurality of the rooms, and blows the conditioned air towards each of the plurality of the rooms from air outlets respectively provided to the plurality of the rooms. In the same field of endeavor of air-conditioning apparatuses, Weinert teaches (Figure 1): It is known in the air-conditioning apparatus (12) art for an air supply duct (14) to extend towards a plurality of the rooms (there is at least one room on each floor of 10), and blows the conditioned air (SA) towards each of the plurality of the rooms (there is at least one room on each floor of 10) from air outlets (air outlets illustrated in Figure 1) respectively provided to the plurality of the rooms (there is at least one room on each floor of 10). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the apparatus taught by the combination of Tomohiro and Doi such that the air supply duct extends towards a plurality of the rooms, and blows the conditioned air towards each of the plurality of the rooms from air outlets respectively provided to the plurality of the rooms, as taught by Weinert, to increase marketability of the apparatus by using it to condition more than one room in the building. Allowable Subject Matter Claims 4 and 7 are objected to as being dependent on 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. Regarding Claim 4, the combination of Tomohiro and Doi teaches the claimed invention except “a degree of airtightness of the air supply damper and a degree of airtightness of the return air damper are higher than a degree of airtightness of the outside air damper and a degree of airtightness of the exhaust damper”. The closest prior art is Karamanos (U.S. Pre-Grant Publication No. 2007/0262162) which recites “outdoor air dampers should close tightly to inhibit freezing of coils and pipes in cold climates”, Paragraph 0079. Accordingly, there is no teaching in the prior art for “a degree of airtightness of the air supply damper and a degree of airtightness of the return air damper are higher than a degree of airtightness of the outside air damper and a degree of airtightness of the exhaust damper”, since the prior art teaches the outdoor air damper should close tightly to inhibit freezing of coils and pipes. As interpreted under Claim Objections, Claim 7 depends from Claim 4. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is provided in the Notice of References Cited. Hirai et al. (U.S. Patent No. 11,384,953): see Figure 1 Perdew et al. (U.S. Patent No. 10,869,410): see Figure 1 Ghadiri Moghaddam et al. (U.S. Patent No. 10,834,855): see Figure 2 Horie et al. (U.S. Pre-Grant Publication No. 2020/0200413): see Figure 3 Ito et al. (U.S. Pre-Grant Publication No. 2018/0306462): see Figure 1 Dagley et al. (U.S. Patent No. 9,907,214): see Figure 5 Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANA K TIGHE whose telephone number is (571)272-9476. The examiner can normally be reached on Monday - Friday 8:00 - 4:00. 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 on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANA K TIGHE/Examiner, Art Unit 3762 /AVINASH A SAVANI/Primary Examiner, Art Unit 3762
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Prosecution Timeline

Nov 27, 2023
Application Filed
Mar 31, 2026
Non-Final Rejection mailed — §103 (current)

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Expected OA Rounds
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