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 .
DETAILED ACTION
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 11 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 11 recites “HPAC system”. It is not clear what components comprise an HPAC system nor what HPAC stands for.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3, and 7-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. PGPUB 20200018497 to Aquino (Aquino).
Regarding claim 1, Aquino teaches a hooded vent assembly operable to provide airflow to an HVAC system from an atmosphere external to a room, the hooded vent assembly configured to be used with a window assembly (61b and/or 79, Figures 8, 10, and 12), and further configured to have a vent hood divider operable to divide an interior of the hooded vent assembly into an air intake portion and an air exhaust portion (vent hood is configured to have a divider inside of it); and a plenum box configured to be positioned within the room 61a, Figures 8 and 10), and having an interior plenum divider operable to divide an interior of the plenum box into a plenum (64, Figure 7b) air intake portion and a plenum air exhaust portion (flowpath shown in Figure 9e), the plenum box configured to be connectable to the hooded vent assembly such that the vent hood divider interfaces with the plenum box divider such that the air intake portion and air exhaust portion of the hooded vent assembly correspondingly interface to the plenum air intake portion and the plenum air exhaust portion (shown in Figures 8-10), the plenum box being further configured to interface to an HVAC system (61a can interface with an HVAC system through 26, Paragraph 0052).
Regarding claim 3, Aquino teaches wherein the hooded vent assembly is adjustable such that a size of the air intake portion and the air exhaust portion are each individually adjustable (65, Figure 10).
Regarding claim 7, Aquino teaches wherein the hooded vent assembly is located at a lower portion of the window assembly with which it is used, and further, wherein the hooded vent assembly extends generally outward of the window assembly (shown in Figures 8 and 12.
Regarding claim 8, Aquino teaches wherein the hooded vent assembly includes a generally downward facing opening providing the air intake portion and the air exhaust portion, such that the downward facing opening extends generally horizontally outward from the window assembly (shown in Figures 8, 10, and 12b through 71).
Regarding claim 9, Aquino teaches wherein the downward facing opening is generally orthogonal with respect to the window assembly (shown in Figures 8, 10, and 12b through 71).
Regarding claim 10, Aquino teaches wherein the plenum box further includes a plenum exhaust opening and a plenum intake opening operable to interface with corresponding openings of the HVAC system (shown in Figures 7, 9, and 13).
Regarding claim 11, Aquino teaches wherein the HVAC system includes an HPAC system (components of an HPAC are listed in Paragraphs 0052-0055).
Regarding claim 12, Aquino teaches wherein the plenum box further includes an inlet for connection to an existing intake or exhaust duct for a kitchen or bathroom (any of the inlets meet this requirement).
Regarding claim 13, Aquino teaches wherein the plenum box further includes a drainage passage disposed at the bottom of the plenum divider and operable to allow condensate to flow along a pitched plenum floor toward a condensate drain (downward facing passages meet this requirement as shown in at least Figures 7 and 13).
Regarding claim 14, Aquino teaches wherein the hooded vent assembly includes a generally curved upper surface (shown in Figure 7).
Regarding claim 15, Aquino teaches wherein the hooded vent assembly is integrated with a window (15, Figure 8).
Regarding claim 16, Aquino teaches claim 16 per claims 8, 10, and 15 above) and a screen disposed in a vicinity of the external vent hood (72, figure 11).
Regarding claim 17, Aquino teaches claim 16 per claims 8, 10, and 15 above) and a screen disposed in a vicinity of the external vent hood (72, figure 11).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aquino.
Regarding claim 2, Aquino teaches an external vent hood extending outside of the room and configured to prevent precipitation from entering the vent (61b, Figure 10); an internal vent adapter connectable on a first side to an interior facing portion of the external vent hood and on a second side to the plenum box (68, Figure 10); and a screen (67, Figure 10).
Aquino is silent on a screen disposed between the external vent hood and the internal vent adapter. It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the screen 67 between the external vent hood and the internal vent adapter, since it has been held that mere relocation of an element would not have modified the operation of the device. (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Allowable Subject Matter
Claims 4-6 and 18-19 are objected to as being dependent upon 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.
The prior art does not provide a reasonable combination to teach “the divider is adjustable such that a size of the plenum air intake portion and the plenum air exhaust portion are each individually adjustable”.
The prior art does not provide a reasonable combination to teach “wherein the plenum box divider includes a plurality of nonplanar sections”.
The prior art does not provide a reasonable combination to teach claim 18.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN S ANDERSON II whose telephone number is (571)272-2055. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at 574-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN S ANDERSON II/Primary Examiner, Art Unit 3762
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