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 .
The claims received 2/24/2026 are entered. Claims 19-20 are cancelled and claims 21-26 are new.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
“expansion device” includes the generic/nonce term “device” coupled with the function of “expansion”, BUT is not interpreted under 112(f) for the following reasons:
From applicant’s remarks dated 2/24/2026:
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Claim Rejections - 35 USC § 102/103
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 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.
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) 12-13, 17-18, and 24-26 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Smith (US 2,251,960).
Regarding claims 12 and 24-25, Smith discloses an environmental control unit comprising:
a base section (cabinet 220 forms a base section);
a mobile section (condenser unit 268 is mobile relative to the base section; the mobile section includes the condenser, housing, supports and associated parts although citation hereinafter maybe simply 268 for brevity. Context should make citation clear.) coupled to the base section (220) for movement between a collapsed-storage position arranged substantially within the base section and an expanded-use position extending from the base section (the mobile section including supports 294, 296, and 298, among others move into and out of the base section to adjust the position of the mobile section), the mobile section includes a carriage (“an adjustable support” page 4, col 1, lines 35-36 which includes 284 among other components) coupled to the base section (220) for movement between a stowed position corresponding to the collapsed-storage position and a deployed position corresponding to the expanded-use position, an air return (292) coupled to the carriage for movement with the carriage relative to the base section, and an air supply (metal enclosure 270 surrounds the condenser and includes opening for fan 276 which supplies air) coupled to the carriage opposite of the air return for movement with the carriage relative to the base section; and
a temperature control system (including the refrigeration cycle e.g. the compressor, condenser, expansion valve, and evaporator) coupled to the base section and the mobile section, the temperature control system configured to selectively heat or cool air flowing through the mobile section (the mobile section as expressed above includes the condenser which generally heats the air however the direction of heat flow is dictated by relative temperature thus to the extent the surface of the condenser is cool, such as in an off condition, relative to the ambient air flowing therethrough it is also capable of cooling said air),
wherein a first plenum (plenum about heat exchanger 242) is defined within the base section in response to movement of the carriage from the stowed position to the deployed position to allow air flow through the outdoor heat exchanger (242) coupled to the base section, and
wherein a second plenum (392) is defined in response to movement of the air return (292) from a retracted position to an extending position relative to the carriage and a third plenum (through openings of 272) is defined in response to movement of the air supply (270) from a flattened position to an erected position relative to the carriage o allow air flow through an indoor heat exchanger (268) coupled to the mobile section.
Further regarding “selectively heat or cool”; in the previous office action on the merits the Examiner took Official Notice that it is old and well known to equip refrigeration devices with reversing valves so as to function in heating or cooling modes. In his subsequent reply to this office action, the applicant did not traverse Examiner’s assertion of Official Notice with regard to these elements. Therefore the Official Notice statements by the Examiner regarding these elements are now taken as admitted prior art by Applicant. See MPEP §2144.03(C).
It would have been obvious to one of ordinary skill in the art to have provided Smith with a reversing valve in order to increase system utility by allowing for heat pump operation.
Further regarding the relative “indoor” or “outdoor” positioning, although from above the terms are taken as intended use or function of the device (MPEP 2114), in the previous office action on the merits the Examiner took Official Notice that it is well known to provide air conditioning units to outdoor spaces. Spaces such as tents and marquees for weddings, emergency shelters, and other gatherings. In his subsequent reply to this office action, the applicant did not traverse Examiner’s assertion of Official Notice with regard to these elements. Therefore the Official Notice statements by the Examiner regarding these elements are now taken as admitted prior art by Applicant. See MPEP §2144.03(C). It would have been obvious to one of ordinary skill in the art to have provided the unit of Smith in an outdoor space and extend the mobile section to an indoor space (of a tent, marquee, etc.) in order to increase system utility by conditioning alternative spaces.
Regarding claim 13, Smith further discloses the carriage includes a frame and slide mechanism coupled to the frame (slide arrangement 292 and 294 best shown in figure 7) and to the base section (with associated rollers 306 and 308) to guide movement of the carriage between the stowed and deployed positions.
Regarding claim 17, Smith further discloses a fan assembly (fan 246 with surrounding mounting structure forms said assembly) coupled to the base section, wherein the fan assembly is configured to pull air through the outdoor exchanger (evaporator 242) to promote heat transfer between the air and the outdoor heat exchanger.
Regarding claim 18, Smith further discloses the fan assembly includes a fan unit (246), clamp members (figure 6 shows fan mounted to cross members 252 with nuts and bolts, said nut provides a clamping force), and rods (the bolts of said nut and bolts connection form rods), wherein the clamp members extend around the fan unit (both left and right sides as shown in figure 6), wherein the rods are coupled to the fan unit and extend through the clamp members to allow sliding movement of the fan unit relative to the base section between an inboard position arranged substantially within the base section and an outboard position extending away from the base section.
Regarding claim 26, Smith further discloses the airflow through the first plenum (plenum for air flowing through 242) is separate from the air flow through the second (392) and third (airflow through 272) plenums.
Claim(s) 1-4, 10-11, and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 2,251,960) in view of Bigelow, Jr. (US 5,685,165).
Regarding claims 1 and 22-23, Smith discloses an environmental control unit comprising:
a base section (cabinet 220 forms a base section);
a mobile section (condenser unit 268 is mobile relative to the base section; the mobile section includes the condenser, housing, supports and associated parts although citation hereinafter maybe simply 268 for brevity. Context should make citation clear.) coupled to the base section (220) for movement between a collapsed-storage position arranged substantially within the base section and an expanded-use position extending from the base section (the mobile section including supports 292, 294, 296, and 298, among others move into and out of the base section to adjust the position of the mobile section); and
a temperature control system (including the refrigeration cycle e.g. the compressor, condenser, expansion valve, and evaporator) coupled to the base section and the mobile section, the temperature control system configured to selectively heat or cool air flowing through the mobile section (the mobile section as expressed above includes the condenser which generally heats the air however the direction of heat flow is dictated by relative temperature thus to the extent the surface of the condenser is cool, such as in an off condition, relative to the ambient air flowing therethrough it is also capable of cooling said air),
wherein an indoor heat exchanger (the condenser 268; it is noted that the terms “indoor” and “outdoor” refer to position and although the unit of Smith is generally disclosed as being inside with the condenser extending through a window to an outdoor space, the unit could just as easily be place outdoors and extend indoors through a window; therefor the terms indoor and outdoor are taken to be the intended or functional use of the device) of the temperature control system is coupled to the mobile section and an outdoor heat exchanger (evaporator 242) of the temperature control system is coupled to the base section (220), and the indoor heat exchanger is arranged for movement with the mobile section relative to the outdoor heat exchanger.
Further regarding “selectively heat or cool”; in the previous office action on the merits the Examiner took Official Notice that it is old and well known to equip refrigeration devices with reversing valves so as to function in heating or cooling modes. In his subsequent reply to this office action, the applicant did not traverse Examiner’s assertion of Official Notice with regard to these elements. Therefore the Official Notice statements by the Examiner regarding these elements are now taken as admitted prior art by Applicant. See MPEP §2144.03(C).
It would have been obvious to one of ordinary skill in the art to have provided Smith with a reversing valve in order to increase system utility by allowing for heat pump operation.
Further regarding the relative “indoor” or “outdoor” positioning, although from above the terms are taken as intended use or function of the device (MPEP 2114), in the previous office action on the merits the Examiner took Official Notice that it is well known to provide air conditioning units to outdoor spaces. Spaces such as tents and marquees for weddings, emergency shelters, and other gatherings. In his subsequent reply to this office action, the applicant did not traverse Examiner’s assertion of Official Notice with regard to these elements. Therefore the Official Notice statements by the Examiner regarding these elements are now taken as admitted prior art by Applicant. See MPEP §2144.03(C). It would have been obvious to one of ordinary skill in the art to have provided the unit of Smith in an outdoor space and extend the mobile section to an indoor space (of a tent, marquee, etc.) in order to increase system utility by conditioning alternative spaces.
Smith lacks the indoor heat exchanger (268) is arranged substantially within the base section in the collapsed-storage. Bigelow discloses a portable air conditioning system having a heat exchanger (40) that is arranged to be in an expanded-use arrangement (arrangement shown in figure 1) and a collapsed-storage arrangement (2:55-59 discloses the heat exchanger system may be inside the container/base with the lid closed).
It would have been obvious to one of ordinary skill in the art to have provided Smith with the collapsed state having the heat exchanger within the base as taught by Bigelow in order to protect the heat exchanger during transport.
Regarding claim 2, Smith further discloses the mobile section includes a carriage (“an adjustable support” page 4, col 1, lines 35-36 which includes 284 among other components) coupled to the base section (220) for movement between a stowed position corresponding to the collapsed-storage position and a deployed position corresponding to the expanded-use position, an air return (292) coupled to the carriage for movement with the carriage relative to the base section, and an air supply (metal enclosure 270 surrounds the condenser and includes opening for fan 276 which supplies air) coupled to the carriage opposite of the air return for movement with the carriage relative to the base section, wherein the air return is moveable between a retracted position and an extended position relative to the carriage, and wherein the air supply is moveable between a flattened position and an erected position relative to the carriage (the multi-piece metal enclosure 270 is able to be erected as is shown in figure 4 or flattened into its sub-components).
Regarding claim 3, Smith further discloses the carriage includes a frame and slide mechanism coupled to the frame (slide arrangement 292 and 294 best shown in figure 7) and to the base section (with associated rollers 306 and 308) to guide movement of the carriage between the stowed and deployed positions.
Regarding claim 4, Smith further discloses the temperature control system further comprises an expansion device (380) and a compressor (236) coupled with the indoor and outdoor heat exchangers to device a circuit for a working fluid (refrigerant), wherein the expansion device and indoor heat exchanger are coupled to the frame for movement with the frame relative to the base section, and wherein the compressor and the outdoor heat exchanger are coupled to the base section (the unit forms a single assembly therefor all components are coupled).
Regarding claim 10, Smith further discloses a fan assembly (fan 246 with surrounding mounting structure forms said assembly) coupled to the base section, wherein the fan assembly is configured to pull air through the outdoor exchanger (evaporator 242) to promote heat transfer between the air and the outdoor heat exchanger.
Regarding claim 11, Smith further discloses the fan assembly includes a fan unit (246), clamp members (figure 6 shows fan mounted to cross members 252 with nuts and bolts, said nut provides a clamping force), and rods (the bolts of said nut and bolts connection form rods), wherein the clamp members extend around the fan unit (both left and right sides as shown in figure 6), wherein the rods are coupled to the fan unit and extend through the clamp members to allow sliding movement of the fan unit relative to the base section between an inboard position arranged substantially within the base section and an outboard position extending away from the base section.
Regarding claim 21, Smith discloses wherein a first plenum (plenum about heat exchanger 242) is defined within the base section in response to movement of the carriage from the stowed position to the deployed position to allow air flow through the outdoor heat exchanger (242) coupled to the base section,
Allowable Subject Matter
Claims 5-9 and 14-16 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims AND if the above double patenting rejections are overcome.
Smith is cited to above as relevant prior art. Davtyan et al (US 2021/0396425) is also relevant for the expanded and collapsed feature of the control section 18. Kumra et al (US 11,486,602) teaches a foldably packed temperature adjustment fan.
However any of the above, whether taken alone or in combination with any other known prior art, does not yield the invention of the above cited claims.
Response to Arguments
Applicant's arguments filed 2/24/2026 have been fully considered but they are not persuasive.
At pages 9-10 applicant discusses the condenser unit 268 of Smith. As was/is stated in the rejection and quoted again in the remarks citation to 268 is not to solely the heat exchanger but includes associated housing, supports, and parts. This further highlights a difference between claims 1 and 12. Claim 1 requires the heat exchanger to be substantially within the base section in the collapsed-storage position while claim 12 is to a “mobile section”. Portions of 268 (as defined above) do collapse into the base section.
Continuing on page 10, the movement of the components changes the relative air flow and thus their plenums.
At page 11 applicant discusses the combination of Smith and Bigelow. Applicant purports that there is no articulated reasoning with some rational underpinning to support the combination. However the collapsed storage as taught by Bigelow provides for protection of the heat exchanger within the base housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Si et al (US 11,536,469) sliding connection
Kumra et al (US 11,486,602) foldable temperature adjusting unit
Houk et al (US 6,662,588) slide out heat exchanger
Neal (US 6,418,744) containing mobile climate control system
Goldmann et al (US 2010/0227542) mobile unit
Hergatt et al (US 3,777,506) portable air conditioner
Brandimarte (US 3,802,216) portable air conditioner
Lehmkuhl et al (US 2,994,211) unit connection
Vanderhoof et al (US 7,481,869) sliding connection
Herweg (US 3,740,964) portable air conditioner
Kramer (US 3,948,079) air conditioner unit connection
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 CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3763