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 .
This Office action is in response to the amendment filed 12/23/2025. Claims 1-20 are pending with claims 18-20 newly added.
Election/Restrictions
Applicant's election with traverse of invention II in the reply filed on 12/23/2025 is acknowledged. The traversal is on the ground(s) that there is no serious burden to examine all the claims of the application. This is not found persuasive because inventions I and II contain mutually exclusive features and limitations and are independent or distinct for the reasons given in the Office action filed 11/07/2025
and there would be a serious search and/or examination burden if restriction were not
required because one or more of the following reasons apply: the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries) leading to a divergent search for each of the distinct technical features for each invention as well as separate analysis for compliance with 35 U.S.C. 112, 101, 102, 103 etc. for each invention leading to an examination burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/23/2025.
Claim Objections
Claim 18 is objected to because of the following informalities: Claim 18 recites “heat exchanger connector passing an through the insulating pane” and should be -- heat exchanger connector passing through the insulating pane--. Appropriate correction is required
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) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Biasotti et al. (US PG Pub. 2021/0010688) in view of Baumann et al. (US 2021/0071903).
Regarding claim 11, Biasotti discloses a window-based HVAC equipment housing assembly comprising an insulating pane (100 including insulation 180) having interior and exterior sides and including an opening (120) to receive HVAC equipment (200); an interior housing portion (212) connected at least proximate to the insulating pane to enclose a portion of the HVAC equipment within the interior housing portion, the interior housing portion including a front portion (215) and an interior HVAC support (550); an interior (140) and exterior (130) flange positioned proximate the opening and fastened to the insulating pane and the HVAC equipment to provide a thermal seal between the interior and exterior sides of the insulating pane via the opening when the HVAC equipment is present (paragraphs 50, 52); and an exterior housing portion (214) connected at least proximate to exterior side of the insulating pane (Fig. 13) to enclose a portion of the HVAC equipment and provide exterior air flow (via vents 230) to the HVAC equipment.
Biasotti does not explicitly teach the front portion providing access to the enclosed portion of the HVAC equipment.
Baumann teaches the concept of a window-based HVAC equipment housing assembly having an interior housing portion (112) including a front portion (170) providing access to the enclosed portion of the HVAC equipment (170 can be removed to allow access to panel filter 182, Fig. 4) that allows access to the filter equipment to facilitate cleaning and maintenance of the HVAC unit (paragraphs 3, 4, 37). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the window-based HVAC equipment housing assembly of Biasotti to have the front portion providing access to the enclosed portion of the HVAC equipment taught by Baumann in order to facilitate access to the filter for cleaning and maintenance of the HVAC equipment.
Regarding claim 12, Biasotti as modified discloses the assembly of claim 11, where the HVAC equipment (200) is one of an air conditioner, a fan, and a heat pump (paragraph 48).
Regarding claim 13, Biasotti as modified discloses the assembly of claim 11, and Baumann further teaches where the front portion of the interior housing portion is a door (170) configured to provide access to a portion of the HVAC equipment within the interior housing portion (paragraphs 36-37).
Regarding claim 14, Biasotti as modified discloses the assembly of claim 11, where the interior housing portion (212) fully encloses the HVAC equipment extending from the interior side of the insulating pane (100).
Regarding claim 15, Biasotti as modified discloses the assembly of claim 11, where the exterior housing portion (214) fully encloses the exterior side of the insulating pane (100).
Regarding claim 16, Biasotti as modified discloses the assembly of claim 11, where the front portion (215) of the interior housing is an insulated panel (front face would provide a degree of insulation for the air conditioner unit).
Regarding claim 17, Biasotti as modified discloses the assembly of claim 11, and Baumann further teaches where the portion of the HVAC equipment within the interior housing portion is an interior heat exchanger (front portion 212 would include interior heat exchanger similar to indoor portion 116 of Baumann), the portion of the HVAC equipment within the exterior housing portion is an exterior heat exchanger (exterior portion 214 would include exterior heat exchanger similar to exterior portion 118 of Baumann), where the interior and exterior heat exchanger are connected via a heat exchanger connector (connected via refrigerant piping connectors) passing an through the insulating pane (100).
Regarding claim 18, Biasotti as modified discloses the assembly of claim 11, further comprising a heat exchange connect sleeve (sleeve defined by walls 132, 134, 136, 138) configured to pass the heat exchanger connector.
Regarding claim 19, Biasotti as modified discloses the assembly of claim 18, but does not explicitly teach where the interior and exterior heat exchangers are configured as a heat pump.
Baumann teaches the concept of a window-based HVAC equipment housing assembly having the interior and exterior heat exchangers are configured as a heat pump (paragraphs 26) that one of ordinary skill in the art would recognize as allowing for both heating and cooling operations for the HVAC equipment. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the window-based HVAC equipment of Biasotti to have the interior and exterior heat exchangers are configured as a heat pump in order to provide both heating and cooling for the HVAC equipment.
Regarding claim 20, Biasotti discloses a window-based HVAC equipment housing assembly comprising an insulating pane (100 including insulation 180) having interior and exterior sides and including an opening (120) configured to pass to a heat exchanger connector (216); an interior housing portion (212) connected at least proximate to the insulating pane to enclose the interior heat exchanger within the interior housing portion, the interior housing portion including a front portion (215) and an interior HVAC support (550); an interior (140) and exterior (130) flange positioned proximate the opening and fastened to the insulating pane and the heat exchanger connector to provide a thermal seal between the interior and exterior sides of the insulating pane via the opening when the heat exchanger connector is present (paragraphs 50, 52); and an exterior housing portion (214) connected at least proximate to exterior side of the insulating pane (Fig. 13) to enclose the exterior heat exchanger and provide exterior air flow (via vents 230) to the exterior heat exchanger
Biasotti does not explicitly teach the heat exchanger connector connecting an interior heat exchanger with an exterior heat exchanger; the front portion providing access to the enclosed portion of the HVAC equipment.
Baumann teaches the concept of a window-based HVAC equipment housing assembly having heat exchanger connector (refrigerant piping) connecting an interior heat exchanger (123) with an exterior heat exchanger (125) and an interior housing portion (112) including a front portion (170) providing access to the enclosed portion of the HVAC equipment (170 can be removed to allow access to panel filter 182, Fig. 4) that allows access to the filter equipment to facilitate cleaning and maintenance of the HVAC unit (paragraphs 3, 4, 37). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the window-based HVAC equipment housing assembly of Biasotti to have the heat exchanger connector connecting an interior heat exchanger with an exterior heat exchanger and the front portion providing access to the enclosed portion of the HVAC equipment taught by Baumann in order to connect the heat exchangers in a refrigerant cycle and facilitate access to the filter for cleaning and maintenance of the HVAC equipment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Choi et al. (US 2023/0366588) air conditioner installation kit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH F TRPISOVSKY whose telephone number is (571)270-5296. The examiner can normally be reached M-F: 8AM-4PM.
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/JOSEPH F TRPISOVSKY/Primary Examiner, Art Unit 3763