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 .
Information Disclosure Statement
In the IDS filed May 2, 2024 includes a non-patent literature reference “International Search Report and Written Opinion for International Patent Application No. PCT/US2023/019416 dated July 24, 2023.” This reference is not related to the invention. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Claim Rejections - 35 USC § 102
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.
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, 2, 4, 8, 9, 11, 15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20230250973 A1 to Fulda.
In reference to independent claim 1, Fulda discloses:
An air conditioning unit (200) comprising:
an internal inlet (302c, 109b) configured to receive internal air from an internal area (see [0036]);
an external inlet (302a) configured to receive external air from an external area (see [0036]);
a heat exchanger (300) configured to receive the internal air from the internal inlet and the external air from the external inlet and generate a conditioned mix of the internal air and the external air (see [0036] and Fig. 3); and
an internal outlet (302b, 109a) configured to output the conditioned mix of the internal air and the external air into the internal area (see [0036]).
In reference to independent claim 8, Fulda discloses:
A method of operating an air conditioning unit, the method comprising:
receiving, via an internal inlet (302c, 109b), internal air (i.e. stale air) from an internal area (i.e. room) (see [0036]);
receiving, via an external inlet (302a), external air (i.e. fresh air) from an external area(i.e. outdoor) (see [0036]);
receiving, via a heat exchanger (300), the internal air from the internal inlet (see [0036]);
receiving, via the heat exchanger (300), the external air from the external inlet; generating, via the heat exchanger, a conditioned mix of the internal air and the external air (see [0036]); and
outputting, via an internal outlet (302b, 109a), the conditioned mix of the internal air and the external air into the internal area (see [0036]).
In reference to independent claim 15, Fulda discloses:
A packaged terminal air conditioning (PTAC) unit (200; see [0032]) for use in a wall sleeve in a wall (105) having an external side and an internal side (see [0033]-[0034]), the external side facing an external area, the internal side facing an internal area, the internal area being separated from the external area by the wall, the PTAC unit comprising:
an internal inlet (302c, 109b) configured to receive internal air from the internal area (see [0036]);
an external inlet (302a) configured to receive external air from the external area (see [0036]);
a heat exchanger (300) arranged to receive the internal air from the internal inlet and to receive the external air from the external inlet and configured to generate a conditioned mix of the internal air and the external air (see [0036]); and
an internal outlet (302b, 109a) configured to output the conditioned mix of the internal air and the external air into the internal area (see [0036]).
In reference to dependent claims 2 and 9, Fulda further discloses: a body (106) configured to house the internal inlet, the external inlet, the heat exchanger, and the internal outlet (see [0027] and Fig. 2), wherein the body is configured to be partially located in the internal area and partially located in the external area (see [0033] and Fig. 2).
In reference to dependent claims 4, 11, and 17, Fulda further discloses: a moveable cover (109) configured to be disposed in a first position and to be moved to a second position, wherein in the first position, the moveable cover covers the heat exchanger (300) (see Fig. 2), and wherein in the second position, the moveable cover does not cover the heat exchanger (when 109 is removed, it would not cover 300).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fulda.
In reference to dependent claims 5, 12, and 18, Fulda further discloses an internal body structure having a base pan (see Fig. 3).
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Fulda is silent regarding the pan having a base pan protrusion, wherein the moveable cover includes an engaging protrusion configured to engage with the base pan protrusion when the moveable cover is disposed in the first position.
However, the protrusions would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to connect and fasten the cover and other external parts of the air conditioner (200) of Fulda as protrusions are well known attachment means and doing so would yield predictable results.
Claim(s) 3, 7, 10, 14, 16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fulda in view of KR 20210073014 A to Oh et al. (Oh).
In reference to dependent claims 3, 10, and 16, Fulda is silent regarding a filter access port in the body and located in the internal area; a removable filter disposed in the body, the removable filter being configured to filter the external air as provided by the external inlet and being configured to be removed through the filter access port in the internal area.
Oh teaches a similar window type air conditioner including filters (300, 320, 330, 340) positioned at a suction port (11’) for filtering air passing through the air flow path (102) in the air flow space (20) (see Fig. 32).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the air conditioner of Fulda to include a filter as taught by Oh to purify the air passing therethrough.
In reference to dependent claims 7, 14, and 20, Oh further teaches the filters being positioned between the suction port (11’) and the heat exchanger (104) (see Fig. 32), the filters being removable (“Meanwhile, in order to replace the filters 320 , 330 , and 340 , the filter frame 301 must be removed from the housing 10”).
Fulda and Oh are silent regarding the moveable cover including a button configured to push a removable top panel from the moveable cover.
Nonetheless, a button that allows for the removal of panels or covers as buttons or latches are well-known means for attaching and removing parts.
Claim(s) 6, 13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fulda in view of US 20210078118 A1 to Li et al. (Li).
In reference to dependent claims 6, 13, and 19, Fulda is silent regarding the base pan including a handle configured to be grasped to enable a user to pull the air conditioning unit from a wall sleeve in a wall.
Li teaches a similar air conditioning unit (100) including handles (136) proximate to the bottom face (134) (see Fig. 1). Moreover, Li further teaches that the handles can be positioned as needed based on the intended configuration of the air conditioning unit (100) (see [0113]).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the air conditioning unit of Fulda to include a handle at the base plate in order to allow for lifting of the unit during installation as taught by Li (see [0061]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ngoc T Nguyen whose telephone number is (571)272-7176. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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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.
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/NGOC T NGUYEN/Primary Examiner, Art Unit 3799
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