CTNF 18/599,261 CTNF 99396 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA 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. 07-30-05 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. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a shielding body and an operation section in claim 1. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 2 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. Regarding claim 2 , the claim recites the limitation “the second link member slides in a direction intersecting the rotation axis of the shielding body as the first link member operates” in lines 7-8. However, as best understood from the disclosure, the direction of sliding of the second link member is in a front to back direction from a first position as shown in Fig 1A to a second position as shown in Fig 1B. The rotation axis C2 of the shielding body, with the shielding body shown rotated between a first position in Fig 1A and a second position in Fig 1B, does not intersect with the direction of movement of the second link member 35 shown in these figures. It is not clear, then, whether the “direction of sliding of the second link member” is intended to mean, for example, a two-dimensional plane through which the second link member moves, or a line of movement which must intersect with a line of the rotation axis C2, or a line of movement which is perpendicular to the axis C2, or something else. For the purposes of this Office Action, the limitation is being interpreted, in light of the specification, as “the second link member slides in a direction perpendicular to the rotation axis of the shielding body as the first link member operates.” Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 (i.e., changing from AIA to pre-AIA) 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-2 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by KR 20160043364 by Hyun (hereinafter “Hyun”) . Regarding claim 1 , Hyun discloses an air outlet apparatus ( Fig 1 ), comprising: a case body that defines a ventilation path inside the case body and forms an air outlet ( Fig 2, duct 40 ); a shielding body that is rotatably arranged in the ventilation path in the case body and can open and close the ventilation path in accordance with rotation ( Fig 5, damper 70 ); an operation section rotatable in a direction different from a rotation direction of the shielding body ( Fig 5, damper knob 10; damper knob/operation section rotates in the left-right direction around a vertical pivot axis while shielding body/damper rotates in the front-back direction around a horizontal pivot axis ); and a link mechanism that has a plurality of link members that operate differently from each other and causes the shielding body to interlock with an operation of the operation section ( Fig 2, link mechanism includes connecting rod 11, link rod 20, and damper pin 30, each of which are separate but interlinked and move differently to interlock the operation of shielding body 70 with operation section 10; paragraph [0028] ), wherein the link mechanism is disposed outside the ventilation path ( Fig 2, connecting rod 11 and link rod 20 of link mechanism are located below the duct 40 and damper pin 30 is located on the side of the duct ), and converts an operation of one of the link members into an operation of another link member, thereby interlocking and rotating the operation section and the shielding body, which have different rotation axes ( Figs 3-7, paragraph [0032]). Regarding claim 2 , Hyun discloses that the link mechanism includes a first link member connected to an operation section side ( Fig 2 link rod 20 ), and a second link member connected to a shielding body side ( Fig 2 damper pin 30 ), the first link member operates to rotate in an arc shape as the operation section rotates ( the path of rotation of first link member 20 from a first position, shown in Fig 4, to a second position, shown in Fig 6, is shown as a circular dotted line around link member 20; paragraph [0021]), and the second link member slides in a direction perpendicular to the rotation axis of the shielding body as the first link member operates ( Fig 9, damper pin/second link member 30 with connecting member 52 slides in connecting hole 222 as first link member 20 operates ; also see Figs 2, 4, and 6 ) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following teach air outlets having a shielding body (damper) with an operation section (e.g. knob or wheel) and a link mechanism linking the shielding body with the operation section: US 2011/0319005 by Sawada et al US 2018/0170149 by Fidh US 6,533,655 to Demerath et al JP 2015137018 by Shibata et al KR 101526809 by Kim JP S60243441 DE 10355248 by Kiesewetter et al CN 111731077 by Yin et al Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amy E Carter whose telephone number is (703)756-5894. The examiner can normally be reached Monday-Friday 8:00 AM - 5:00 PM. 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. /AMY E CARTER/Examiner, Art Unit 3762 /Allen R. B. Schult/Primary Examiner, Art Unit 3762 Application/Control Number: 18/599,261 Page 2 Art Unit: 3762 Application/Control Number: 18/599,261 Page 3 Art Unit: 3762 Application/Control Number: 18/599,261 Page 4 Art Unit: 3762 Application/Control Number: 18/599,261 Page 5 Art Unit: 3762 Application/Control Number: 18/599,261 Page 6 Art Unit: 3762 Application/Control Number: 18/599,261 Page 7 Art Unit: 3762 Application/Control Number: 18/599,261 Page 8 Art Unit: 3762
Prosecution Insights