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 .
Status
This Office Action is in response to the remarks and amendments filed on 11/06/2025.
Claims 1-7 are pending for consideration in this Office Action.
Further recognition:
The objections to the claims are withdrawn in in light of the amendments.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carr (US2008/0022712A1) in view of Biby (US4841742A) and further in view Grady (US2170993A).
Regarding Claim 1, Carr teaches a portable air conditioner device [0001; fig. 1] for producing cooled air in any location [0008], said portable air conditioner device [fig. 1] comprising:
an ice chest [1; 0056] defining an interior space within said ice chest [9; 0057] wherein said interior space [9] is configured to contain ice placed within said ice chest [0057], said ice chest [1] being comprised of a thermally insulating material [8; 0057] wherein said ice chest is configured to inhibit thermal communication between the ice and ambient air [0057];
a pair of rollers [24;0061], each of said pair of rollers [24] being rotatably attached to said ice chest [0061] wherein each of said pair of rollers [24] is configured to roll along a support surface for transporting said ice chest [0061];
a lid [3; 0056] being hingedly coupled to said ice chest [1] for opening or closing said interior space [9] in said ice chest [0056], said lid [3] being comprised of a thermally insulating material [0056-0057] wherein said lid [3] is configured to inhibit thermal communication between the ice and ambient air [0070] when said lid is closed [0056; see also 0070].
Carr does not explicitly teach a coiled tube being positioned within said interior space of said ice chest, said coiled tube defining a coil being vertically oriented on said ice chest, said coiled tube being comprised of a thermally conductive material wherein said coiled tube is configured to be cooled by the ice when said interior space is filled with the ice, said coiled tube having an outlet extending outwardly from said ice chest; a blower being attached to said ice chest, said blower being in communication with said coiled tube, said blower blowing air into said coiled tube when said blower is turned on wherein said coiled tube is configured to cool the air blown into said coiled tube when said interior space is filled with the ice thereby facilitating the cooled air to be blown outwardly through said outlet of said coiled tube; and a condensation drain being attached to said coiled tube, said condensation drain being in communication with said vertically oriented coil defined by said coiled tube wherein said condensation drain is configured to receive condensed water from the air blown into said coiled tube.
However, Biby teaches a coiled tube [24; col.3 lines 44-52 where circuitous path is a coiled tube] being positioned within said interior space [fig. 4 clearly showing an interior space] of said ice chest [col.3 lines 11-18 where 22 of Biby corresponds to 1 of Carr], said coiled tube [24] defining a helical [col.8; lines 34-37 “circuitous” where circuitous has the definition of having a circular or winding course cited here (https://www.merriam-webster.com/dictionary/circuitous) where one of ordinary skill before the effective filing date of the claimed invention would recognize a winding path would be a helical coil] coil being vertically oriented [fig. 4 disclosing a coil being vertically oriented] on said ice chest [fig. 4], said coiled tube [24] being comprised of a thermally conductive material [col. 3; lines 35-43] wherein said coiled tube [24] is configured to be cooled by the ice [col. 3; lines ] when said interior space [fig. 4] is filled with the ice[claim 1 “said housing receiving an ice coolant”], said coiled tube [24] having an outlet [28; col. 3; lines 11-18] extending outwardly from said ice chest [col. 3; lines 44-53], said coiled tube [24] having an inlet tube [26; see annotated Biby fig. 2 below, drawing II] and an outlet tube [28; col. 3; lines 13-16 “inlet port 26 and an outlet port 28”; see annotated Biby fig. 2 below, drawing II], said inlet tube [26] passing into said interior space [col. 3; lines11-18] of said ice chest [22], and said outlet tube [28] extends out of said interior space [fig. 4] of said ice chest [col. 3; lines11-18];
a blower [30; col. 3; lines 11-18] being attached to said ice chest [fig. 1], said blower [30] being in communication with said coiled tube [col. 3; lines 11-18], said blower [30] blowing air into said coiled tube [24] when said blower [30] is turned on wherein said coiled tube [24] is configured to cool the air blown into said coiled tube [24] when said interior space [fig. 3] is filled with the ice [col. 3 line 11- col. 4 line 6] thereby facilitating the cooled air to be blown outwardly through said outlet [28] of said coiled tube [col. 3; lines 17-34].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Carr teaching with Biby by combining a coiled tube being positioned within said interior space of said ice chest, said coiled tube defining a helical coil being vertically oriented on said ice chest, said coiled tube being comprised of a thermally conductive material wherein said coiled tube is configured to be cooled by the ice when said interior space is filled with the ice, said coiled tube having an outlet extending outwardly from said ice chest, said coiled tube having an inlet tube and said outlet tube; a blower being attached to said ice chest, said blower being in communication with said coiled tube, said blower blowing air into said coiled tube when said blower is turned on wherein said coiled tube is configured to cool the air blown into said coiled tube when said interior space is filled with the ice thereby facilitating the cooled air to be blown outwardly through said outlet of said coiled tube where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. a self-contained internal heat exchanger through which outside air to be cooled is forced by a battery powered blower connected to a convenient source of electrical energy such as a car battery. The coolant in its simplest form of natural chipped, crushed or cubed ice is charged to the housing through a top lid to fill the housing and cover the heat exchanger [Biby; col.1; lines 50-57].
Furthermore, Grady teaches a condensation drain [57b/x] being attached to said coiled tube [col. 3 farthest right col.; lines 3-40; were Drawing I of Grady corresponds to Biby], said condensation drain [57b/x] being in communication with said vertically oriented coil defined by said coiled tube [annotated Drawing I] wherein said condensation drain [57b/x] is configured to receive condensed water from the air blown into said coiled tube [col. 3 farthest right col.; lines 3-40].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Carr teaching with Grady by combining a condensation drain being attached to said coiled tube, said condensation drain being in communication with said vertically oriented coil defined by said coiled tube wherein said condensation drain is configured to receive condensed water from the air blown into said coiled tube where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. provides a convenient condensation drain pipe [Grady; far right col. 3; lines 14-18].
Lastly, it would have been an obvious design choice to modify the Biby reference by having “said coiled tube having an inlet tube and said outlet tube, said inlet tube passing into said interior space of said ice chest at a position spaced vertically below a position said outlet tube extends out of said interior space of said ice chest,” since applicant has not disclosed that having “said inlet tube passing into said interior space of said ice chest at a position spaced vertically below a position said outlet tube extends out of said interior space” solves any stated problem or provides any unexpected result, and it appears that the portable air conditioner device would perform equally well with the inlet tube positioned vertically below the outlet tube.
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375
444
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(Drawing I; from Grady fig. 4 corresponding to Biby’s coils)
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216
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(Drawing II; from Biby fig. 2)
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carr (US2008/0022712A1), Biby (US4841742A), Grady (US2170993A) and in view of Grepper (US2015/0114024A1) and in view of Lenz (US2007/0290466A1).
Regarding Claim 2, modified Carr teaches the portable air conditioner device according to claim 1 and the Carr teaches wherein:
said ice chest [1] has a bottom wall [2e; 0056] and a perimeter wall [2a-d; 0056] extending upwardly from said bottom wall [fig. 1];
said perimeter wall [2a-d] has an upper edge [4; 0056] defining an opening [fig. 1; 0056] into said interior space[0056];
Modified Carr does not explicitly teach said perimeter wall has a pair of wheel wells each being recessed into a respective one of a first lateral side and a second lateral side of said perimeter wall each of said pair of wheel wells is aligned with an intersection with a back side of said perimeter wall; each of said pair of wheel wells has an upper bounding surface being concavely arcuate with respect to said bottom wall;
said ice chest has a prominence extending rearwardly from said back side of said perimeter wall; said prominence is oriented to extend partially between said first lateral side and said second lateral side of said perimeter wall; said prominence is positioned closer to said upper edge of said perimeter wall than said bottom wall of said ice chest; said prominence has an upper surface being horizontally oriented; each of said pair of rollers is positioned in a respective one of said pair of wheel wells; said device includes a handle comprising a pair of telescopic members and a grip extending between said pair of telescopic members; a lower end of each of said pair of telescopic members being attached to said upper surface of said prominence; each of said pair of telescopic members is urgeable into an extended condition having said grip being spaced upwardly from said lid wherein said grip is configured to be gripped by a user thereby facilitating the user to roll said ice chest along the support surface for transporting said ice chest; said lid has a rear edge being hingedly coupled to said upper edge of said perimeter wall of said ice chest corresponding to said back side of said perimeter wall.
However, Grepper teaches said perimeter wall [fig. 11 B/C; where the perimeter wall of Grepper corresponds to 2a-d of Carr] has a pair of wheel wells [Fig. 11b where wheel wells are clearly visible see also 0090] each being recessed into a respective one of a first lateral side [fig. 11B] and a second lateral side [fig. 11C] of said perimeter wall [fig. 11 B/C; where the perimeter wall of Grepper corresponds to 2a-d of Carr] each of said pair of wheel wells [Fig. 11B/C] is aligned with an intersection with a back side of said perimeter wall [fig. 12A shows an intersection with a back side of perimeter walls];
each of said pair of wheel wells [Fig. 11B/C] has an upper bounding surface being concavely arcuate with respect to said bottom wall [at least fig. 11C shows an upper bounding surface that is concavely arcuate with respect to a bottom wall];
said ice chest [Grepper 110 corresponding to 1 of Carr] has a prominence [620; fig. 10A] extending rearwardly from said back side of said perimeter wall [fig. 10A];
said prominence [610] is oriented to extend partially between said first lateral side and said second lateral side [figs. 11B/C] of said perimeter wall [fig. 10A clearly showing 610 between the sides of a perimeter wall];
said prominence [620] is positioned closer to said upper edge [top of Grepper corresponding to 4 of Carr] of said perimeter wall [fig. 11 B/C; where the perimeter wall of Grepper corresponds to 2a-d of Carr] than said bottom wall of said ice chest [fig. 10A];
said prominence [620] has an upper surface being horizontally oriented [fig. 10C showing an upper surface horizontally oriented];
each of said pair of rollers [120; 0038] is positioned in a respective one of said pair of wheel wells [visually seen in fig. 11A];
said portable air conditioner device [100 of Grepper corresponding to Carr 1] includes a handle [600; 0087] comprising a pair of telescopic members [626; 0087 fig. 10A] and a grip [630; 0087] extending between said pair of telescopic members [fig. 10C];
each of said pair of telescopic members [626] is urgeable into an extended condition having said grip [630] being spaced upwardly from said lid [230 of Grepper correspond to 3 of Carr]wherein said grip [630] is configured to be gripped by a user [0087] thereby facilitating the user to roll said ice chest along the support surface [0091] for transporting said ice chest [0090-0091];
said lid [230 of Grepper correspond to 3 of Carr] has a rear edge [fig. 4B where there is a clear divide between the upper edge of the cooler and 230/260] being hingedly coupled to said upper edge [240/241 of Grepper corresponding to 4 of Carr] of said perimeter wall [fig. 11 B/C; where the perimeter wall of Grepper corresponds to 2a-d of Carr] of said ice chest [Grepper 110 corresponding to 1 of Carr] corresponding to said back side of said perimeter wall [fig. 12A].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Carr teaching with Grepper by combining said perimeter wall has a pair of wheel wells each being recessed into a respective one of a first lateral side and a second lateral side of said perimeter wall each of said pair of wheel wells is aligned with an intersection with a back side of said perimeter wall; each of said pair of wheel wells has an upper bounding surface being concavely arcuate with respect to said bottom wall; said ice chest has a prominence extending rearwardly from said back side of said perimeter wall; said prominence is oriented to extend partially between said first lateral side and said second lateral side of said perimeter wall; said prominence is positioned closer to said upper edge of said perimeter wall than said bottom wall of said ice chest; said prominence has an upper surface being horizontally oriented; each of said pair of rollers is positioned in a respective one of said pair of wheel wells; said device includes a handle comprising a pair of telescopic members and a grip extending between said pair of telescopic members; each of said pair of telescopic members is urgeable into an extended condition having said grip being spaced upwardly from said lid wherein said grip is configured to be gripped by a user thereby facilitating the user to roll said ice chest along the support surface for transporting said ice chest; said lid has a rear edge being hingedly coupled to said upper edge of said perimeter wall of said ice chest corresponding to said back side of said perimeter wall, where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. provides ease of transport and sturdy construction [Grepper; 0005].
Lastly, Lenz teaches a lower end [28; 0016] of each of said pair of telescopic members [32/33 of Lenz corresponding to 626 of Grepper] being attached to said upper surface of said prominence [Lenz; 0016; fig. 4 of Lenz corresponding to 620 of Grepper].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Carr teaching with Lenz by combining a lower end of each of said pair of telescopic members being attached to said upper surface of said prominence where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. a telescoping and upwardly extendable handle secured to the wall at which the two wheels are attached [Lenz; 0007].
Claim(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carr (US2008/0022712A1), Biby (US4841742A), Grady (US2170993A), Grepper (US2015/0114024A1) Lenz (US2007/0290466A1) and in view of Baker (US3191402A).
Regarding Claim 3, modified Carr teaches the portable air conditioner device according to claim 2 and the combination teaches wherein:
said inlet tube [Biby; 28; fig. 2] is perpendicularly oriented with a top end [Biby fig.3 where the inlet and outlet are perpendicular and oriented at a top end] of said vertically oriented coil [Biby; fig. 4] defined by said coiled tube [Biby; 40, 42 and 44];
Modified Carr does not explicitly teach said outlet tube has a lower portion being perpendicularly oriented with a bottom end of said vertically oriented coil defined by said coiled tube having said lower portion being vertically oriented in said interior space of said ice chest; said lower portion is surrounded by said vertically oriented coil defined by said coiled tube; said outlet tube has an upper portion being perpendicularly oriented with said lower portion; and said upper portion extends through a front side of said perimeter wall of said ice chest such that said upper portion defines said outlet of said coiled tube.
However, Baker teaches said outlet tube [82 of Baker corresponding to Biby’s 28] has a lower portion [fig. 3; where coils 38 & 70 have a lower portion] being perpendicularly oriented with a bottom end [fig. 3 where 78 has a bottom end] of said vertically oriented coil defined by said coiled tube [78& 80 of Baker corresponding to Biby fig. 4] having said lower portion [fig. 3] being vertically oriented [fig. 3 where 78 is vertically oriented] in said interior space of said ice chest [16 of Baker corresponding to 9 of Carr];
said lower portion [fig. 3] is surrounded by said vertically oriented coil defined by said coiled tube [fig.3 where clearly 78 is surrounded by the coiled tubes];
said outlet tube [82 of Baker corresponding to Biby’s 28] has an upper portion [fig. 3 clearly showing 78 having an upper portion connected to 82] being perpendicularly oriented with said lower portion [fig.3]; and
said upper portion [fig. 3] extends through a front side [22] of said perimeter wall [where 22 of Baker corresponds to 2a-d of Carr] of said ice chest [where 12 of Baker corresponds to 1 of Carr] such that said upper portion [fig. 3] defines said outlet [fig.3 where clearly 78 is surrounded by the coiled tubes] of said coiled tube [fig. 3].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Carr teaching with Baker by combining said outlet tube has a lower portion being perpendicularly oriented with a bottom end of said vertically oriented coil defined by said coiled tube having said lower portion being vertically oriented in said interior space of said ice chest-; said lower portion is surrounded by said vertically oriented coil defined by said coiled tube; said outlet tube has an upper portion being perpendicularly oriented with said lower portion; and said upper portion extends through a front side of said perimeter wall of said ice chest such that said upper portion defines said outlet of said coiled tube where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. the cooling coils will provide adequate chilling of the through passing fluid [col. 3; lines 9-19].
Regarding Claim 4, modified Carr teaches the portable air conditioner device according to claim 3 and the combination teaches wherein:
said blower [Biby; 30] is disposed on said back side of said perimeter wall [Grepper; fig. 12A] of said ice chest [Carr; 1]; and
said blower [Biby; 30] has an output [Biby; fig. 1; col. 3; lines 11-18] being fluidly coupled to said inlet tube [Biby; 26; col. 3; lines 11-18] of said coiled tube [Biby; 40,42 and 44].
Regarding Claim 5, modified Carr teaches the portable air conditioner device according to claim 3 and the combination teaches wherein said condensation drain [Grady; 57b/x] has an intake tube [Grady; fig. 4] being in fluid communication with an intersection [Fig. 4] between said lower portion [Baker; fig. 3] of said outlet tube [Biby; 28] of said coiled tube [Biby; 24] and said bottom end of said coiled tube [Baker; fig. 3] having said intake tube [Grady; fig. 4] extending toward said bottom wall of said ice chest [visually demonstrated in Grady; fig. 4] wherein said intake tube [Grady; fig. 4] is configured to facilitate the condensed water to travel downwardly in said intake tube [Grady; fig. 4] when the cooled air exits said bottom end [Baker; fig. 3] of said coiled tube [Biby; 40,42 and 44] thereby separating the condensed water from the cooled air [Grady; far right col. 3; lines 4-23].
Regarding Claim 6, modified Carr teaches the portable air conditioner device according to claim 5 and the combination teaches wherein:
said condensation drain [Grady; 57b/x] has an exhaust tube [Grady; fig. 4 where 57b/x has is the exhaust tube] being fluidly coupled to said intake tube [Grady; fig. 4] wherein said exhaust tube [Grady; 57b/x] is configured to receive the condensed water from said intake tube [Grady; far right col. 3; lines 4-23];
said exhaust tube [Grady; 57b/x] extends along said bottom wall [Baker; fig. 3] of said ice chest [Carr; 1];
said exhaust tube [Grady; 57b/x] has a distal end [Grady; 58]; said distal end [Grady; 58] is closed [Grady; fig. 4 where the distal end of 58 is closed];
said exhaust tube [Grady; 57b/x] has a drain hole [Grady; fig. 4 where 58 would have a drain hole where the condensation leaves the apparatus; see also far right col. 3 lines 11-14 which makes clear there is a drain hole] extending into an interior of said exhaust tube [Grady; fig. 4 where 58 would be extend into 57b/x]; and
said drain hole faces downwardly [Grady; fig. 4 showing downward facing drain hole] wherein said drain hole [Grady; portion of 58] is configured to drain the condensed water from said condensation drain [Grady; far right col. 3; lines 4-23].
While modified Carr does not explicitly teach said exhaust tube extends along said bottom wall of said ice chest and extends through said front side of said perimeter wall of said ice chest or said exhaust tube has a distal end with respect to said front side of said perimeter wall it would have been obvious to one having ordinary skill in the art at the time the invention was made to have said exhaust tube extend through said front side of said perimeter wall of said ice chest and in kind having said exhaust tube have a distal end with respect to said front side of said perimeter wall which would yield predictable results and would not change the function of said exhaust tube, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70.
i.e. exhaust condensation through the front side of the perimeter walls, which would facilitate a distal end being on the front side and would not change the functionality of the exhaust tube nor the distal end.
Regarding Claim 7, the combined teachings teach all the limitations of claim 7. See rejections of claims 1-6.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On page 1 of the remarks, Applicant argues with respect to Claim 1,“It is respectfully submitted the above claim limitations are not disclosed, taught, suggested, or contemplated in the collective teaching of the cited references. The rejection relies solely on the teaching of Biby related to the coiled tube. It is respectfully submitted the interpretation of the structure of Biby being a coiled tube is strained as the apparent definition of coiled being used appears overly broad. However, the structure of Biby is not a vertically oriented helical coil. Further, the relative positions of an inlet tube and outlet tube are not found in the collective teaching of the cited references. Therefore, claim 1 is believed to be allowable.”
Applicant's arguments have been considered but are not persuasive.
Further, the structure of Biby being a coiled tube closely follows the definition of coil “a series of connected pipes in rows, layers, or windings” defined by Merriam-Webster at https://www.merriam-webster.com/dictionary/coiled. Biby is clearly connected pipes in rows that are layered in the ice chest of Biby as seen in figures 2-10. In the alternative Baker in Figure 3 clearly shows a coiled tube which someone of ordinary skill in the art before the effective filing date of the claimed invention would recognize Biby is capable of being oriented like Bakers cooling coils (68 and 70) which are in a helical orientation.
The examiner respectfully disagrees that the structure of Biby is not a vertically oriented helical coil see col.8; lines 34-37 “circuitous” where circuitous has the definition of having a circular or winding course cited here (https://www.merriam-webster.com/dictionary/circuitous), therefore Biby would be capable of being a vertically oriented helical coil.
Lastly, the examiner respectfully disagrees that the relative positions of an inlet tube and outlet tube are not found in the collective teaching of the cited references in Baker’s fig. 3 spigot (82) a fluid outlet is clearly higher than the fluid inlet (72).
Therefore, the rejections are upheld.
On page 2 of the remarks, Applicant argues with respect to dependent claim(s) 2-6 and independent claim 7 are patentable due to at least the reasons given for the independent claim 1 being allowable. Applicant's arguments have been considered but are not persuasive claim(s) 2-7 remain rejected. For at least the reasons listed above.
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 Adam D Moore whose telephone number is (703)756-1932. The examiner can normally be reached Monday-Thursday: 09:00AM-07:00PM (Eastern).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571) 270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM DORREL MOORE/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763