9DETAILED 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 .
Acknowledgement is made of amendments received 04-08-2026.
Examiner called and left a voicemail for Attorney Thomas Wolski on 06-08-2026, with a follow-up call on 06-18-2026, in an attempt to discuss a potential Examiner’s Amendment to place the application in condition for allowance. The calls were not returned as of 06-29-2026.
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.
Claims 1-12, 14-16, and 19-20 are 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 1 recites “for the configuration of individual plenum chambers or for the integration of an air supply duct” in lines 14-15. Lines 19-20 then recite “providing one or more perforations in the cover of the upper part of each of the individual plenum chambers”. It is unclear if the individual plenum chambers are required or optional, and thus it is unclear if the providing of the one or more perforations is required or optional.
Claim 1 recites “at least one cover to cover an upper part…of each first hollow section and each second hollow section” in lines 13-14, which encompasses one cover or a plurality of covers, and then “the cover of the upper part” in line 19. It is unclear if line 19 is limiting the claim to a single cover, or if it is attempting to refer to a particular single cover.
Claim 4 recites “the cross walls” in line 3. Claim 1 previously recites “at least one cross wall” in line 5. It is unclear if claim 4 is requiring plural cross walls. Examiner suggests amending claim 4 to recite --the at least one cross wall--.
Claim 14 recites “for the configuration of individual plenum chambers or for the integration of an air supply duct” in lines 17-18. Lines 21-22 then recite “providing one or more perforations in the cover of the upper part of each of the individual plenum chambers”. It is unclear if the individual plenum chambers are required or optional, and thus it is unclear if the providing of the one or more perforations is required or optional.
Claim 41 recites “at least one cover to cover an upper part…of each first hollow section and each second hollow section” in lines 16-17, which encompasses one cover or a plurality of covers, and then “the cover of the upper part” in line 19. It is unclear if line 19 is limiting the claim to a single cover, or if it is attempting to refer to a particular single cover.
Allowable Subject Matter
Claims 1-12, 14-16, and 19-20 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for allowability is that Roberts ‘732 (US 5,833,732), and the prior art as a whole, does not fairly teach or suggest providing one or more perforations in a cover of an upper part (of each first hollow section and second hollow section) of each of the individual plenum chambers, in combination with all of the other claimed structure. It is noted that these reasons for indication of allowable subject matter are interpreting the individual plenum chambers and perforations as required elements of the claims.
Response to Arguments
Applicant’s remarks are noted. While features of the claims previously indicated as allowable has been incorporated into the independent claims, the particular language of the amendments raises new clarity issues under 35 USC 112(b) as outlined above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erin Snelting whose telephone number is (571)272-7169. The examiner can normally be reached Monday to Friday, 8:00 to 5:00.
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, Alison Hindenlang can be reached at (571) 270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN SNELTING/Primary Examiner, Art Unit 1741
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