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 .
Election/Restrictions
Applicant's election of claims 1-18 with traverse of invention I in the reply filed on 12/02/2025 is acknowledged. The traversal is on the ground(s) that a single search can cover all inventions without placing a serious burden on the examiner.
This is not found persuasive because the inventions listed are independent and distinct from one another (see differences pointed out in the Restriction/Election requirement provided on 10/30/2025). There would be a serious search and examination burden if restriction were not required because (i) the inventions have acquired a separate status in the art in view of their different classification; (ii) the inventions have acquired a separate status in the art due to their recognized divergent subject matter; and (iii) the inventions require different fields of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Accordingly, the requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/12/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, (i) an air duct includes a first air duct and a second air duct that are communicated with each other and (ii) the first air duct being further away from the air outlet than the second air duct as claimed in at least claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In para [0069], “an transmission electrode” should read “a transmission electrode”
Appropriate correction is required.
Claim Objections
Claim(s) 3-5 is/are objected to because of the following informalities:
In claim 3, “an transmission electrode” should read “a transmission electrode”.
Appropriate correction is required.
Claim(s) 4-5 is/are objected to for their dependency on an objected base claim.
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.
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:
nano water ion generating device in at least claim 1.
air pretreatment device in at least claim 9.
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.
Nano water ion generating device is interpreted to cover at least a transmission electrode and a cooling portion configured to generate condensed water for ionization by the transmission electrode as per claim 9; and equivalent thereof.
Air pretreatment device is interpreted to cover a first heat exchange plate, a second heat exchange plate, and a cooling sheet provided with the first heat exchange plate and the second heat exchange plate as per claim 12; and equivalent 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 § 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 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 and 3-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takano (JP 2002095732 A).
Regarding claim 1:
Takano discloses an air conditioner (Fig. 1 & 6), comprising:
an outdoor unit #40; and
an indoor unit #1 connected to the outdoor unit and including:
a first housing #2 including a first accommodating space (see space inside #2), a return air inlet #32, and an air outlet #4; the return air inlet and the air outlet being communicated with the first accommodating space (see Fig. 5);
a fan #26 disposed in the first accommodating space and opposite to the return air inlet (#26 is opposite the return air inlet #32 at least with respect to heat exchanger #25);
an indoor heat exchanger #25 disposed in the first accommodating space and located at a side of the fan proximate to the air outlet (see Fig. 5);
a piping box (made by #29 and #30. Note: #29 and #30 qualifies as a piping box because they define a box that encloses pipes of the heat exchanger #28. See Fig. 5-6) disposed in the first accommodating space and proximate to the air outlet (best seen in Fig. 5); and
a nano water ion generating device #33 disposed in the first accommodating space and located at a position of the first housing proximate to the air outlet (Fig. 5; [0023]); the nano water ion generating device being configured to generate nano water ions with negative charges and hydroxyl radicals generated by ionized water ([0023] & [0051]); the nano water ion generating device including a nano water ion outlet #36; and the nano water ion generating device and the piping box being communicated through a vent therebetween (see opening at arrow “B” in Fig. 5);
wherein air in the piping box enters the nano water ion generating device through the vent (see arrow “B”; Fig. 5), and air with the nano water ions is sent indoors through the nano water ion outlet #36, so as to avoid influence of temperature and humidity changes in air at the air outlet on condensation ability of the nano water ion generating device ([0023] & [0051]).
Note: the limitations “being configured to generate nano water ions with negative charges and hydroxyl radicals generated by ionized water” and “so as to avoid influence of temperature and humidity changes in air at the air outlet on condensation ability of the nano water ion generating device” each constitutes an intended use limitation that does not further limit the structure of the claimed invention. It has been held that “apparatus claims cover what a device is, not what a device does. Hewett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987); MPEP 2114/Il. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.)
Regarding claim 3:
Takano further discloses wherein the indoor heat exchanger is installed obliquely in the first accommodating space and is configured to incline in a direction proximate to the air outlet (see Fig. 5); the nano water ion generating device is located at a side of the indoor heat exchanger proximate to the air outlet (Fig. 5); and the nano water ion generating device includes an transmission electrode configured to absorb moisture from the air ([0027-0028]: the electrodes describe here are for of stainless steel mesh; which are hydrophilic due to their mesh structure and their metal oxides. Water vapor from humid air can clearly condense on the surface of the stainless steel mesh of the electrode if said humid air is colder than the surrounding air; making moisture be absorbed from said humid air).
Regarding claim 4:
Takano further discloses wherein the transmission electrode is disposed perpendicular to a plane where the indoor heat exchanger is located (an arbitrary plane of the indoor heat exchanger can be selected so as to be perpendicular to the transmission electrode).
Regarding claim 5:
Takano further discloses wherein the transmission electrode is disposed perpendicular to a plane where the air outlet is located (an arbitrary plane of the outlet can be selected so as to be perpendicular to the transmission electrode); or, the transmission electrode is disposed parallel to the plane where the air outlet is located (an arbitrary plane of the air outlet can be selected so as to be parallel to the transmission electrode).
Allowable Subject Matter
Claims 2 and 6-18 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 following is a statement of reasons for the indication of allowable subject matter:
There is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one of ordinary skill in the art to modify the teachings of Takano so as to provide (i) a connecting plate disposed on a side wall of the first housing where the air outlet is disposed and configured to install the nano water ion generating device; wherein the piping box includes a first vent, the nano water ion generating device includes a second vent, the connecting plate includes a third vent, and the air in the piping box enters the nano water ion generating device through the first vent, the third vent, and the second vent; wherein the vent includes at least the first vent and the second vent as required by claim 2; and (ii) the nano water ion generating device is disposed at the air outlet; the return air inlet and the air outlet are connected to form an air duct; the indoor heat exchanger is disposed in the air duct; the air duct includes a first air duct and a second air duct that are communicated with each other; and the first air duct is further away from the air outlet than the second air duct; the nano water ion generating device further including a transmission electrode and a cooling portion, and the cooling portion is configured to generate condensed water for ionization by the transmission electrode; a portion of air in the first air duct flows to the nano water ion generating device through the piping box; the air conditioner further comprising an air pretreatment device disposed in an air flow path between the piping box and the nano water ion generating device; and the air pretreatment device is configured to preheat or precool air, so as to improve a temperature difference of surrounding air in the cooling portion as required by claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawamura (JP 2016223706 A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIONEL W NOUKETCHA whose telephone number is (571)272-8438. The examiner can normally be reached on Mon - Fri: 08:00 AM - 04:00 PM.
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/LIONEL NOUKETCHA/Primary Examiner, Art Unit 3763