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 Arguments
Applicant's arguments filed 06/23/2026 have been fully considered but they are not persuasive. The applicant argues on pp. 7-8 that the combination of Shaffer and Hossain do not disclose that “…the ventilator cabinet further defines an energy recovery path for a flow of exhaust air from the air conditioner unit, and wherein the ventilator assembly further comprises: a heat exchanger positioned within the ventilator cabinet, the primary path and the energy recovery path being fluidly isolated at the heat exchanger; and an auxiliary fan mounted within the ventilator cabinet to urge exhaust air through the energy recovery path”, the examiner respectfully disagrees. Fig. 1 of Schaffer is reproduced below, with the primary and energy recovery flow paths being annotated in the Fig. The flow paths meet at heat exchanger 408, which is disclosed as an “air to air heat exchanger” [see paragraph 0029], a person having ordinary skill in the art would recognize that the two air flows are isolated within an air-to-air heat exchanger (no mixing takes place). For this reason, the rejections are maintained.
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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 19 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 19 requires “an auxiliary fan” in line 17, however, the auxiliary fan had been previously introduced in line 5, it is unclear if the applicant is attempting to introduce a new auxiliary fan or refer back to the auxiliary fan already claimed. For the purposes of examination, the claim is interpreted as referring back to the previously claimed fan.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer et. al (US 2022/0390140 A1) in view of Hossain, E. “How does a capacitor change fan speed: Unlocking the secrets”. Best Electric (2023, October 9)1 (attached).
With respect to claim 1 Shaffer discloses a ventilator assembly for an air conditioner unit, the ventilator assembly comprising: a ventilator cabinet [reference character 114] defining a primary path for a flow of make-up air [see annotated Fig. below] to an indoor portion [reference character 112] of the air conditioner unit; a primary fan [reference character 406] mounted within the ventilator cabinet to urge the flow of make-up air into the indoor portion2 [see paragraph 0029]. Finally, Shaffer discloses a primary user input [reference character 162] mounted on the ventilator cabinet. Note that Shaffer discloses that fan 406 is a “variable speed fan” [paragraph 0029]. Shaffer further discloses that the ventilator cabinet further defines an energy recovery path for a flow of exhaust air from the air conditioner unit [see annotated Fig. above in response to arguments], and wherein the ventilator assembly further comprises: a heat exchanger [reference character 408] positioned within the ventilator cabinet, the primary path and the energy recovery path being fluidly isolated at the heat exchanger; and an auxiliary fan mounted within the ventilator cabinet to urge exhaust air through the energy recovery path [see annotated Fig. above in response to arguments].
Shaffer does not disclose a primary capacitor assembly in electrical communication with the primary fan to control an electrical current to the primary fan, the primary capacitor assembly being configured to selectively operate across a predetermined primary capacitance range; wherein the primary user input in operable communication with the primary capacitor assembly, the primary user input being configured to set an operable capacitance of the primary capacitor assembly within the predetermined primary capacitance range.
Hossain discloses a capacitor fan speed control system that includes a primary capacitor assembly [see annotated Fig. below] in electrical communication with the primary fan [see annotated Fig. below] to control an electrical current to the primary fan, the primary capacitor assembly being configured to selectively operate across a predetermined primary capacitance range [1.5μF - 4μF]; and a primary user input [via switches SW1, SW2, and SW3] in operable communication with the primary capacitor assembly, the primary user input being configured to set an operable capacitance of the primary capacitor assembly within the predetermined primary capacitance range [see annotated Fig. below].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the variable speed fan taught by Shaffer by varying the speed using the capacitor fan speed control system taught by Hossain because capacitor speed control systems allow for controlling motor speed without dissipating excess energy as heat (as opposed to variable resistor based motor speed control systems) without the complexity of pulse width modulation speed control systems.
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With respect to claim 2 the combination of Shaffer and Hossain discloses that the primary capacitor assembly comprises a plurality of selectable fixed-capacitance capacitors [see annotated Fig. above of Hossain].
With respect to claim 5 Shaffer discloses that the primary user input is mounted on the ventilator cabinet [see Fig. 1].
With respect to claim 7 Shaffer discloses the ventilator cabinet is attached to an air plenum [reference character 200] receivable within a structure wall [reference character 150], the ventilator cabinet defining a fresh air inlet [reference character 138] downstream from the air plenum and a fresh air outlet [reference character 140] above and downstream from the fresh air inlet along the primary path, the ventilator cabinet further defining an exhaust inlet [reference character 426] and an exhaust outlet [reference character 428] along the energy recovery path.
With respect to claim 8 Schaffer does not disclose an auxiliary capacitor assembly in electrical communication with the auxiliary fan to control an electrical current to the auxiliary fan, the auxiliary capacitor assembly being configured to selectively operate across a predetermined auxiliary capacitance range. However, Schaffer does disclose that the auxiliary fan may be a variable speed fan [see paragraph 0041].
Hossain discloses a capacitor fan speed control system that includes a capacitor assembly [see annotated Fig. below] in electrical communication with the fan [see annotated Fig. below] to control an electrical current to the primary fan, the capacitor assembly being configured to selectively operate across a predetermined capacitance range [1.5μF - 4μF]; and a user input [via switches SW1, SW2, and SW3] in operable communication with the capacitor assembly, the user input being configured to set an operable capacitance of the capacitor assembly within the predetermined capacitance range [see annotated Fig. below].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the variable speed fan taught by Shaffer by varying the speed using the capacitor fan speed control system taught by Hossain because capacitor speed control systems allow for controlling motor speed without dissipating excess energy as heat (as opposed to variable resistor based motor speed control systems) without the complexity of pulse width modulation speed control systems.
Claim(s) 10-11, 14, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer et. al (US 2022/0390140 A1) in view of Hossain, E. “How does a capacitor change fan speed: Unlocking the secrets”. Best Electric (2023, October 9)3 (attached).
With respect to claim 10 Shaffer discloses an air conditioner unit defining a vertical, a lateral, and a transverse direction, the air conditioner unit comprising: a cabinet [reference character 114] defining an indoor inlet [reference character 138] and an indoor outlet [reference character 140]; a bulkhead4 [see paragraph 0022] mounted within the cabinet to define an indoor portion [reference character 112] and an outdoor portion [reference character 110]; an indoor heat exchanger [reference character 122] mounted within the cabinet at the indoor portion; an outdoor heat exchanger [reference character120] mounted within the cabinet at the outdoor portion; and a ventilator assembly mounted to the cabinet apart from the indoor and outdoor portions, the ventilator assembly comprising: a ventilator cabinet [see annotated Fig. below] defining a primary path [see annotated Fig. below] for a flow of make-up air to the indoor portion of the air conditioner unit, a primary fan [reference character 406] mounted within the ventilator cabinet to urge the flow of make-up air into the indoor portion5 [see paragraph 0029]. Finally, Shaffer discloses a primary user input [reference character 162] mounted on the ventilator cabinet. Note that Shaffer discloses that fan 406 is a “variable speed fan” [paragraph 0029]. Shaffer further discloses that the ventilator cabinet further defines an energy recovery path for a flow of exhaust air from the air conditioner unit [see annotated Fig. above in response to arguments], and wherein the ventilator assembly further comprises: a heat exchanger [reference character 408] positioned within the ventilator cabinet, the primary path and the energy recovery path being fluidly isolated at the heat exchanger; and an auxiliary fan mounted within the ventilator cabinet to urge exhaust air through the energy recovery path [see annotated Fig. above in response to arguments].
Shaffer does not disclose a primary capacitor assembly in electrical communication with the primary fan to control an electrical current to the primary fan, the primary capacitor assembly being configured to selectively operate across a predetermined primary capacitance range, and a primary user input in operable communication with the primary capacitor assembly, the primary user input being configured to set an operable capacitance of the primary capacitor assembly within the predetermined primary capacitance range.
Hossain discloses a capacitor fan speed control system that includes a primary capacitor assembly [see annotated Fig. below] in electrical communication with the primary fan [see annotated Fig. below] to control an electrical current to the primary fan, the primary capacitor assembly being configured to selectively operate across a predetermined primary capacitance range [1.5μF - 4μF]; and a primary user input [via switches SW1, SW2, and SW3] in operable communication with the primary capacitor assembly, the primary user input being configured to set an operable capacitance of the primary capacitor assembly within the predetermined primary capacitance range [see annotated Fig. below].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the variable speed fan taught by Shaffer by varying the speed using the capacitor fan speed control system taught by Hossain because capacitor speed control systems allow for controlling motor speed without dissipating excess energy as heat (as opposed to variable resistor based motor speed control systems) without the complexity of pulse width modulation speed control systems.
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With respect to claim 11 the combination of Shaffer and Hossain discloses that the primary capacitor assembly comprises a plurality of selectable fixed-capacitance capacitors [see annotated Fig. above of Hossain].
With respect to claim 14 Shaffer discloses that the primary user input is mounted on the ventilator cabinet [see Fig. 1].
With respect to claim 16 Shaffer discloses the ventilator cabinet is attached to an air plenum [reference character 200] receivable within a structure wall [reference character 150], the ventilator cabinet defining a fresh air inlet [reference character 138] downstream from the air plenum and a fresh air outlet [reference character 140] above and downstream from the fresh air inlet along the primary path, the ventilator cabinet further defining an exhaust inlet [reference character 426] and an exhaust outlet [reference character 428] along the energy recovery path.
With respect to claim 17 Schaffer does not disclose an auxiliary capacitor assembly in electrical communication with the auxiliary fan to control an electrical current to the auxiliary fan, the auxiliary capacitor assembly being configured to selectively operate across a predetermined auxiliary capacitance range. However, Schaffer does disclose that the auxiliary fan may be a variable speed fan [see paragraph 0041].
Hossain discloses a capacitor fan speed control system that includes a capacitor assembly [see annotated Fig. below] in electrical communication with the fan [see annotated Fig. below] to control an electrical current to the primary fan, the capacitor assembly being configured to selectively operate across a predetermined capacitance range [1.5μF - 4μF]; and a user input [via switches SW1, SW2, and SW3] in operable communication with the capacitor assembly, the user input being configured to set an operable capacitance of the capacitor assembly within the predetermined capacitance range [see annotated Fig. below].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the variable speed fan taught by Shaffer by varying the speed using the capacitor fan speed control system taught by Hossain because capacitor speed control systems allow for controlling motor speed without dissipating excess energy as heat (as opposed to variable resistor based motor speed control systems) without the complexity of pulse width modulation speed control systems.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer et. al (US 2022/0390140 A1) in view of Hossain, E. “How does a capacitor change fan speed: Unlocking the secrets”. Best Electric (2023, October 9)6 (attached).
With respect to claim 19 Shaffer discloses that a ventilator assembly for an air conditioner unit, the ventilator assembly comprising: a ventilator cabinet [reference character 114] defining an exhaust path [see annotated Fig. below] for a flow of exhaust air from a portion of the air conditioner unit to an outdoor environment; an auxiliary fan [reference character 438] mounted within the ventilator cabinet to urge the flow of exhaust air to the outdoor environment. Note that Schaffer does disclose that the auxiliary fan may be a variable speed fan [see paragraph 0041]. Shaffer further discloses that the ventilator cabinet further defines a primary path [see annotated Fig. above associated with the response to arguments], and wherein the ventilator assembly further comprises: a heat exchanger [reference character 408] positioned within the ventilator cabinet, the primary path and the exhaust being fluidly isolated at the heat exchanger [see response to arguments]; and an auxiliary fan [reference character 438] mounted within the ventilator cabinet to urge exhaust air through the energy recovery path.
Shaffer does not disclose that an auxiliary capacitor assembly in electrical communication with the auxiliary fan to control an electrical current to the auxiliary fan, the auxiliary capacitor assembly being configured to selectively operate across a predetermined auxiliary capacitance range; and an auxiliary user input in operable communication with the auxiliary capacitor assembly, the auxiliary user input being configured to set an operable capacitance of the auxiliary capacitor assembly within the predetermined auxiliary capacitance range.
Hossain discloses a capacitor fan speed control system that includes a capacitor assembly [see annotated Fig. below] in electrical communication with the fan [see annotated Fig. below] to control an electrical current to the primary fan, the capacitor assembly being configured to selectively operate across a predetermined capacitance range [1.5μF - 4μF]; and a user input [via switches SW1, SW2, and SW3] in operable communication with the capacitor assembly, the user input being configured to set an operable capacitance of the capacitor assembly within the predetermined capacitance range [see annotated Fig. below].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the variable speed fan taught by Shaffer by varying the speed using the capacitor fan speed control system taught by Hossain because capacitor speed control systems allow for controlling motor speed without dissipating excess energy as heat (as opposed to variable resistor based motor speed control systems) without the complexity of pulse width modulation speed control systems.
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Claim(s) 3-4 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer et. al (US 2022/0390140 A1) in view of Hossain, E. “How does a capacitor change fan speed: Unlocking the secrets”. Best Electric (2023, October 9)7 (attached) and further in view of Kincaid (US 3,274,466).
With respect to claims 3 and 12 the combination of Shaffer and Hossain do not disclose that the primary capacitor assembly comprises a variable run capacitor.
Kincaid discloses a variable capacitor [see Fig. 1] which allows for continuous variation via a stator [reference character 3] and a rotor [reference character 2] which allows for the continuous variation of distance and area between stator and rotor plates [see Fig. 1].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the capacitor assembly taught by Hossain by replacing it with the variable capacitor taught by Kincaid in order to allow for continuous variation in the fan speed instead of the stepwise “low”, “medium”, and “high”.
With respect to claims 4 and 13 the combination of Shaffer, Hossain, and Kincaid disclose that the variable run capacitor comprises a rotor [reference character 2 of Kincaid] and stator [reference character 3 od Kincaid], and wherein the primary user input comprises a knob [reference character 17 of Kincaid] in mechanical communication with the rotor to rotate the rotor relative to the stator.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer et. al (US 2022/0390140 A1) in view of Hossain, E. “How does a capacitor change fan speed: Unlocking the secrets”. Best Electric (2023, October 9)8 (attached) and further in view of Su (US 2003/0138325 A1).
With respect to claims 9 and 18 the combination of Shaffer and Hossain do not disclose an auxiliary user input spaced apart from the primary user input and in operable communication with the auxiliary capacitor assembly, the auxiliary user input being configured to set an operable capacitance of the auxiliary capacitor assembly within the predetermined auxiliary capacitance range.
Su discloses a control panel [reference character 2] having individual fan speed controls [reference character 12] for individual fans [see Fig.1].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by the combination of Shaffer and Hossain by providing individual controls for each fan, as taught by Su in order to allow for individual control of the fans without having to cycle through menus or touch screen interfaces where the speed controls for each fan may be consolidated into a single interface.
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Conclusion
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 VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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, Helena Kosanovic can be reached at 571-272-9059. 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.
/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
1 https://bestelectriceco.com/how-does-a-capacitor-change-fan-speed/#How_Does_A_Capacitor_Change_Fan_Speed
2 “... outdoor air 1000 may optionally be drawn into the makeup air intake duct 400 by a makeup air intake fan, e.g., a variable speed fan such as a muffin fan 406 (see, e.g., FIG. 3)…makeup air, may be provided directly to the indoor portion 112 of the air conditioner 100 via the makeup air intake duct 400” [paragraph 0029].
3 https://bestelectriceco.com/how-does-a-capacitor-change-fan-speed/#How_Does_A_Capacitor_Change_Fan_Speed
4 “A bulkhead may generally support or house various other components or portions thereof of the indoor portion 112, such as the blower fan 142. The bulkhead may generally separate and define the indoor portion 112 and outdoor portion 110 within housing 114” [paragraph 0022].
5 See footnote 2.
6 https://bestelectriceco.com/how-does-a-capacitor-change-fan-speed/#How_Does_A_Capacitor_Change_Fan_Speed
7 https://bestelectriceco.com/how-does-a-capacitor-change-fan-speed/#How_Does_A_Capacitor_Change_Fan_Speed
8 https://bestelectriceco.com/how-does-a-capacitor-change-fanspeed/#How_Does_A_Capacitor_Change_Fan_Speed
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