DETAILED ACTION
The present office action is in response to claims filed on 05/20/2024. Claims 1 – 20 are pending in the application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claim Objections
Claim 3 are objected to because of the following informalities:
Claim 3 recites “the outer periphery of the exhaust port” in line 3, which should recite “an outer periphery of the exhaust port” for proper antecedent basis.
Claim 3 recites “an outside” in line 4, which should recite “the outside” for proper antecedent basis.
The claims are generally objected to because they appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
For example:
Claim 1 recites “where according to the faster is mounted” in line 7, which should recite “wherein the fastener is mounted”.
Claim 2 recites “the exhaust port is configured a curved shape” in line 3, which should recite “the exhaust port is configured in a curved shape”.
Claim 3 recites “to be fastened fitting the outer periphery” in line 3, which should recite “to be fastened to an outer periphery”.
All claims should be reviewed accordingly.
Appropriate correction is required.
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.
Claims 16 – 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 16 recites “a communication kit installed in the housing to allow a communication module to be flexibly at a position where signal performance is excellent” in lines 1-3. This yields the claim indefinite, as one of ordinary skill in the art cannot ascertain the metes and bounds of “where signal performance is excellent”.
“Where signal performance is excellent” is an objective limitation. Determining what constitutes an excellent signal performance is left to the interpretation of the individual. What one individual considers “excellent signal performance” could be different than a second individual.
This yields the claim indefinite.
For purposes of interpretation, the Examiner interprets “a communication kit installed in the housing to allow a communication module to be flexibly at a position where signal performance is excellent” in lines 1-3 to be “a communication kit installed in the housing including a communication module to send a signal”.
Claims 17 – 20 are rejected for their dependency on Claim 16.
Appropriate action is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (U.S. Pre-Grant Publication No. 2020/0263882).
Regarding Claim 1, Kim shows (Figures 1, 2, 3, 4, and 5):
A ceiling-mounted air conditioner (1), comprising:
a housing (10) installed to be hung (“in the ceiling type air conditioner, the indoor unit is hung on the ceiling”, Paragraph 0003) from a ceiling (c) and configured to allow air (air illustrated by air flow arrows in Figure 2) according to an airflow (airflow arrows illustrated in Figure 2) in a discharge flow path (P2) to be discharged to an outside (the room, which is outside of 1) through an exhaust port (21);
a support (support provided between 51 and 53) provided within a specified depth (the depth of the support in the vertical direction from the bottom distal end of 14, as illustrated in Figure 3) inside (as illustrated in Figure 3, the support provided between 51 and 53 is inside 21) the exhaust port (21); and
a fastener (51) having an area (the area of 51) to block a portion (as illustrated in Figures 3 and 5, 51 has an area used to block a portion of 21) of the exhaust port (21) and a size (the size of 51, as illustrated in Figure 4) to enable insertion through (as illustrated in Figure 4, the size of 51 would enable insertion through 21) the exhaust port (21), and configured to be fastened to (as illustrated in Figure 4) the support (support provided between 51 and 53), wherein
according to the fastener (51) is mounted on the support (support provided between 51 and 53) to block (as illustrated in Figures 3 and 5) the portion (as illustrated in Figures 3 and 5, 51 has an area used to block a portion of 21) of the exhaust port (21), an intensity (the air velocity) of the airflow (airflow arrows illustrated in Figure 2) discharged through (as illustrated by the air flow arrows in Figure 5) the exhaust port (21) increases (in the position of 51 in Figure 5, 51 blocks most of the port 21; the velocity of the air exiting 14a and 15a is increased above the velocity of the air within 21 upstream of 51) relative to before the fastener (51) is mounted (at 53).
Regarding Claim 16, Kim shows (Figures 1, 2, 3, 4, and 5):
A communication kit (“a control unit for controlling the operation of the air conditioner 1”, Paragraph 0101) installed in (“inside the main body, a control unit for controlling the operation of the air conditioner 1 may be provided”, Paragraph 0101) the housing (10) to allow a communication module (the communication module of the control unit) to be positioned where signal performance is excellent (it is inherent the control unit be installed within the housing in a location with excellent signal performance in order to control the air conditioner).
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 of this title, 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.
Claims 2, 3, 12, 13, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. Pre-Grant Publication No. 2020/0263882), as recited in Claim 1 above, in view of Lee et al. (U.S. Patent No. 9,714,773).
Regarding Claim 2, Kim shows (Figures 1, 2, 3, 4, and 5):
The housing (10) is configured in a rectangular shape (as illustrated in Figure 1), and
the exhaust port (21) is configured near an outer periphery (as illustrated in Figure 1, 31 is located along the outer periphery of 10) of the housing (10).
However, Kim lacks showing the housing is circular in shape and the exhaust port is configured as a curve.
In the same field of endeavor of ceiling-mounted air conditioners, Lee teaches (Figures 1, 2, and 3):
It is known in the art for a ceiling-mounted air conditioner (1) to have a circular housing (10), wherein the exhaust port (33) is curved (as illustrated in Figure 3) to match the circular housing (10).
Further “circular shapes, aesthetic properties may increase due to a differentiated design. Also, considering that a shape of the air blowing fan is generally circular, an air flow may naturally flow and a loss in pressure may be reduced and cooling or heating properties of the air conditioner may be increased”. Col. 8, line 30-42.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the housing and exhaust port shown by Kim to be circular, as taught by Lee, to improve aesthetic properties due to a differentiated design. Also, considering that a shape of the air blowing fan is generally circular, an air flow may naturally flow and a loss in pressure may be reduced and cooling or heating properties of the air conditioner may be increased.
Regarding Claim 3, Kim shows (Figures 1, 2, 3, 4, and 5):
The fastener (51) includes a covering plate (the plate of 51) having a shape curved (as illustrated in Figure 3, 51 is curved) corresponding to an outer line (the outer line from 14 to 15, as illustrated in Figure 3) to be fastened fitting (as illustrated in Figure 3) an outer periphery (15) of the exhaust port (21), and
the covering plate (the plate of 51) is formed to be inclined (as illustrated in Figure 4, 51 is inclined from outside of 10 to inside of 10).
Regarding Claim 12, Kim shows (Figures 1, 2, 3, 4, and 5):
The exhaust port (21) is divided into a plurality of divided exhaust ports (as illustrated in Figure 1, there are 4 divided 21’s) by blocking areas (the area in between each adjacent 21 is blocked by 13).
However, Kim lacks showing the blocking areas extend by a preset length in a circumferential direction of the housing.
In the same field of endeavor of ceiling-mounted air conditioners, Lee teaches (Figures 1, 2, and 3):
It is known in the art for a ceiling-mounted air conditioner (1) to have a circular housing (10), wherein the blocking areas (the blocking areas in 90 between each adjacent 33, as illustrated in Figure 3) extend by a preset length (the length of each blocking area in 90, as illustrated in Figure 3) in a circumferential direction (circular direction, as illustrated in Figure 3) of the housing (10).
Further “circular shapes, aesthetic properties may increase due to a differentiated design. Also, considering that a shape of the air blowing fan is generally circular, an air flow may naturally flow and a loss in pressure may be reduced and cooling or heating properties of the air conditioner may be increased”. Col. 8, line 30-42.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the housing and exhaust port shown by Kim to be circular, such that the blocking areas extend by a preset length in a circumferential direction of the housing, as taught by Lee, to improve aesthetic properties due to a differentiated design. Also, considering that a shape of the air blowing fan is generally circular, an air flow may naturally flow and a loss in pressure may be reduced and cooling or heating properties of the air conditioner may be increased.
Regarding Claim 13, Kim teaches (Figures 1, 2, 3, 4, and 5):
The support (support provided between 51 and 53) is configured on (as illustrated in Figure 2, a support is provided on each of the plurality of exhaust ports) at least one of the plurality of divided exhaust ports (as illustrated in Figure 1, there are 4 divided 21’s).
Regarding Claim 14, Kim teaches (Figures 1, 2, 3, 4, and 5):
The support (support provided between 51 and 53) includes a plurality of supports (there are one support for each of the four 50’s) and at least one support (support provided between 51 and 53) of the plurality of supports (there are one support for each of the four 50’s) is configured on (as illustrated in Figure 2, a support is provided on each of the plurality of exhaust ports) each of the plurality of divided exhaust ports (as illustrated in Figure 1, there are 4 divided 21’s).
Regarding Claim 15, Kim teaches (Figures 1, 2, 3, 4, and 5):
The fastener (51) is coupled to (as illustrated in Figure 1, a 51 is located in each 21) at least one support (support provided between 51 and 53) of the plurality of supports (there are one support for each of the four 50’s) respectively provided on the plurality of divided exhaust ports (as illustrated in Figure 1, there are 4 divided 21’s).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. Pre-Grant Publication No. 2020/0263882), as recited in Claim 1 above, in view of Oya et al. (U.S. Patent No. 6,264,552).
Regarding Claim 4, Kim shows (Figures 1, 2, 3, 4, and 5):
The support (support provided between 51 and 53) is disposed substantially near a center (as illustrated in Figure 3, the support is substantially in the horizontal center of 21) of the exhaust port (21).
However, Kim lacks showing the support is configured in a slit shape.
In the same field of endeavor of ceiling-mounted air conditioners, Oya teaches (Figures 2 and 4):
It is known in the ceiling-mounted air conditioner (1) art for a support (2A) to be configured in a slit shape (as illustrated in Figure 4, 2A is a slit shaped to receive pivot 5), wherein
the support (2A) is fastened to (as illustrated in Figure 4) a fastener (2).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the support shown by Kim to be slit shaped, as taught by Oya, to make assembly easier during installation.
Claims 5, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. Pre-Grant Publication No. 2020/0263882), as recited in Claim 1 above, in view of Tomohito et al. (U.S. Patent No. 11,754,313).
Regarding Claim 5, Kim shows the claimed invention except a first fastener is configured on a rear surface of the fastener.
In the same field of endeavor of ceiling-mounted air conditioners, Tomohito teaches (Figures 1 and 8):
It is known in the ceiling-mounted air conditioner (100) art for a first fastener (11B) configured on a rear surface (the top surface of 10B, as illustrated in Figure 8) of the fastener (10B).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the fastener shown by Kim to include a first fastener on the rear surface of the fastener, as taught by Tomohito, to increase controllability of the airflow by being able to vertically adjust the position of the fastener.
Regarding Claim 6, Kim shows the claimed invention except the support includes a fastening recess to which a first fastener provided in the fastener may be fitted by an external force.
In the same field of endeavor of ceiling-mounted air conditioners, Tomohito teaches (Figures 1 and 8):
It is known in the ceiling-mounted air conditioner (100) art for a support (4B) to include a fastening recess (41B) to which a first fastener (11B) provided in the fastener (12B) may be fitted (as illustrated in Figure 8) by an external force (external force applied during assembly).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the support and fastener shown by Kim such that the support includes a fastening recess to which a first fastener provided in the fastener may be fitted by an external force, as taught by Tomohito, to increase controllability of the airflow by being able to vertically adjust the position of the fastener.
Regarding Claim 8, Kim shows the claimed invention except a first fastener is configured to vertically extend near a center of a rear surface of the fastener.
In the same field of endeavor of ceiling-mounted air conditioners, Tomohito teaches (Figures 1 and 2):
It is known in the ceiling-mounted air conditioner (100) art for a first fastener (20) to vertically extend (as illustrated in the position illustrated in Figure 2) near a center (as illustrated in Figure 1, C2 is positioned near a center of the rear surface of 12) of a rear surface (the rear surface of 12) of a fastener (12).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the air conditioner shown by Kim to include a first fastener is configured to vertically extend near a center of a rear surface of the fastener, as taught by Tomohito, to allow additional air conditioning control with a heating operation and a cooling operation.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. Pre-Grant Publication No. 2020/0263882), as recited in Claim 16 above, in view of May et al. (U.S. Pre-Grant Publication No. 2013/0082115).
Regarding Claim 17, Kim shows (Figures 1, 2, 3, 4, and 5):
The housing (10) includes a cover (13) on an outer portion (the outer portion of 10, as illustrated in Figure 1) at a lowermost end (the bottom end, as illustrated in Figure 1).
However, Kim lacks showing the communication kit includes a second support attached to the cover.
In the same field of endeavor of ceiling-mounted air devices, May teaches (Figure 1):
It is known in the ceiling-mounted air device (10) art for a communication kit (82) to include a support (the housing of 82 which protects the processor, is a support attached to the cover) attached to (as illustrated in Figure 1) the cover (12).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the communication kit shown by Kim to include a support attached to the cover, as taught by May, to protect and secure the control unit processor to the device.
Allowable Subject Matter
Claims 7, 9, 10, and 11 are objected to as being dependent on 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.
Regarding Claim 7, the combination of Kim and Tomohiko teaches the claimed invention except a stop jaw is configured at an end of the first fastener to be fitted and stuck to the fastening recess and the stop jaw has a double-sided hook structure.
There is no motivation in the prior art to modify Kim’s support accordingly.
Regarding Claim 9, Kim teaches the claimed invention except the first fastener includes two plates that vertically extend while spaced apart by a specified gap near the center of a rear if the fastener and facing each other.
Modifying the combination accordingly necessitates modifying the secondary reference, which requires impermissible hindsight.
Claim 10 depends from Claim 8.
Regarding Claim 11, Kim teaches the claimed invention except a horizontal rib and a plurality of vertical ribs crossing each other at, at least, one place inside the exhaust port is provided, and the support includes two guide ribs guiding two opposite sides of a fastening recess so that the fastening recess is provided in a center instead of one of the plurality of vertical ribs.
There is no motivation in the prior art to modify Kim’s support accordingly.
Claims 18, 19, and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding Claim 18, the combination of Kim and May teaches the claimed invention except the communication kit includes a second fastener with a second fitting protrusion configured to couple to the second support.
Modifying the combination accordingly necessitates modifying the secondary reference, which requires impermissible hindsight.
Claims 19 and 20 depend from Claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is provided in the Notice of References Cited.
The following prior art teaches related air conditioners:
Takahashi et al. (U.S. Patent No. 12,000,601): see 56 in Figure 5
Kumekawa et al. (U.S. Patent No. 5,577,958): see 14 in Figure 3
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANA K TIGHE whose telephone number is (571)272-9476. The examiner can normally be reached on Monday - Friday 8:00 - 4:00.
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/DANA K TIGHE/Examiner, Art Unit 3762
/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
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