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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/19/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 20 and 39-41 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 20 and 39-41 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In this instance, the limitation “the first surface part includes all points, on the surface of the volute tongue section, at which a normal line of the surface intersects a fan in the fan mounting cavity, and the second surface part includes points, on the surface of the volute tongue section, at which a normal line of the surface does not intersect the fan; and the air outlet is provided on the second surface part, and no air outlet is provided on the first surface part” of claims 20 and 39, are newly presented, has not been previously disclosed in the specification, and does not find direct support in the originally filed disclosure, hence it is considered new matter. The specification (see for example [0052]) discloses that “if the air outlet 32 of the air supplement path 3 is provided on the volute tongue windward surface 2a […] resulting in a more poor pressure resistance of the cross-flow air channel 23 and a reduced air volume of the cross-flow air channel23.” Hence, the specification only discourages providing air outlets on a “volute tongue windward surface.” The specification never precisely defines the exact extents of the volute tongue windward surface and the volute tongue extension surface. Hence, the added limitations are considered new matter because they have not been disclosed in the specification and they cannot be reasonably derived from the specification. Also, note that the drawings are schematic and NOT drawn to scale, hence the added limitations cannot be inferred solely from the schematic drawings. Also note that the tongue section has bends between the windward and extension surfaces and the specification doesn’t disclose the extents of these surfaces into the bends, hence, for example, a normal line on a bend may intersect a fan in the fan mounting cavity and be considered as a part of the second surface. Thus, the originally filed disclosure does not reasonably convey to one of ordinary skill in the art that Applicant was in possession of the invention as now presented/claimed at the time of the filing of the instant application.
Claims 40-41 are rejected due to their dependency from a previously rejected claim.
Claim Rejections - 35 USC § 103
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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 20 and 39-41 are rejected under 35 U.S.C. 103 as being unpatentable over Shinobu et al. (US 5,197,850), referred to hereafter as Shinobu in view of JPH04129898U, referred to hereafter as JP98.
With regard to claims 20 and 39:
Shinobu discloses an air conditioning device (Fig. 11) comprising an air channel assembly including: an upstream air channel member (Fig. 11), an upstream air channel being formed in the upstream air channel member (Fig. 11, see arrows “a”); and a cross-flow air channel member, including a first air channel wall (Fig. 11) and a second air channel wall (Fig. 11, 201’) arranged at an interval in a cross-section of the cross-flow air channel member (Fig. 11), a cross-flow air channel being formed between the first air channel wall and the second air channel wall (Fig. 11, see arrows that end at 203), the cross-flow air channel being arranged downstream of the upstream air channel and in communication with the upstream air channel (Fig. 11, see flow arrows), the first air channel wall including a volute tongue section (Fig. 11, 12), and the cross-flow air channel including a fan mounting cavity (Fig. 11) between a first surface part of a surface (205a, Fig. 11) of the volute tongue section and the second air channel wall (Fig. 11); wherein: an air supplement path (Fig. 11, the air supplement path through 206a, 206b) is formed in the air channel assembly; an air inlet (206a, 206b) of the air supplement path is located at an air outlet section (Fig. 11) and is in communication with a region of the cross-flow air channel located downstream of the fan mounting cavity (Fig. 11), the air outlet section being a part of the first air channel wall between a volute tongue tip of the volute tongue section and an air channel outlet of the cross-flow air channel (Fig. 11); an air outlet (Fig. 11, see flow “d” entering the inlet 206a/206b and exiting from the outlet) of the air supplement path is provided between the volute tongue section and the upstream air channel member (Fig. 11), the air outlet opening towards outside of the cross-flow air channel and being in communication with the upstream air channel (Fig. 11), and a cross-flow fan (204, Fig. 11) provided in the fan mounting cavity (Fig. 11); the volute tongue section further includes a second plane (in Fig. 11, see the plane where the air outlet is) extending from an end of the first surface part away from the volute tongue tip in a direction away from the fan mounting cavity (Fig. 11); the first surface part includes all points, on the surface of the volute tongue section, at which a normal line of the surface intersects a fan in the fan mounting cavity (Fig. 11), and the second plane includes points, on the surface of the volute tongue section, at which a normal line of the surface does not intersect the fan (Fig. 11, see flow marked as “d” turning around the fan); and the air outlet is provided on the second plane (Fig. 11), and no air outlet is provided on the first surface part (Fig. 11) to avoid an airflow discharged from the air supplement path from flowing from the first surface part to the space between the fan and the first surface part.
Shinobu does not appear to explicitly disclose that the second plane includes a second surface part extending from an end of the first surface part away from the volute tongue tip in a direction away from the fan mounting cavity.
However, JP98, which is in the same field of endeavor of air conditioning devices, teaches an air conditioning device (Fig. 1) comprising an air channel assembly including: an upstream air channel member (in Fig. 3, see 11 and 13 with or without the lower part of 21), an upstream air channel being formed in the upstream air channel member (Fig. 2, 3); and a cross-flow air channel member, including a first air channel wall (21, 22, 23) and a second air channel wall (14) arranged at an interval in a cross-section of the cross-flow air channel member (Fig. 2, 3), a cross-flow air channel (10) being formed between the first air channel wall and the second air channel wall (Fig. 2, 3), the cross-flow air channel being arranged downstream of the upstream air channel and in communication with the upstream air channel (Fig. 2, see flow arrows), the first air channel wall including a volute tongue section (upper part of 21 and 22 combined with 23), and the cross-flow air channel including a fan mounting cavity (in Fig. 2, see the cavity in which 2 is installed) between a first surface part of a surface (in a first interpretation, the volute tongue windward surface is 23. In a second interpretation, the volute tongue windward surface would be the first part of 23 between the connection of 22 with 23 and the first 28, i.e., the area of 23 that doesn’t contain any air outlet 28. In a third interpretation, the volute tongue windward surface is 23 and 21 up to the last 26) of the volute tongue section and the second air channel wall (14, see Fig. 2, 3); wherein: an air supplement path (the air supplement path through 27, 28, and 26) is formed in the air channel assembly; an air inlet (27) of the air supplement path is located at an air outlet section (22) and is in communication with a region of the cross-flow air channel located downstream of the fan mounting cavity (Fig. 2, 3), the air outlet section being a part of the first air channel wall between a volute tongue tip (see the corner between 22 and 23 in Fig. 2) of the volute tongue section and an air channel outlet (12) of the cross-flow air channel (Fig. 2, 3); an air outlet (26, 28) of the air supplement path is provided between the volute tongue section and the upstream air channel member (Fig. 2, 3), the air outlet opening towards outside of the cross-flow air channel and being in communication with the upstream air channel (Fig. 2, 3), and a cross-flow fan (2) provided in the fan mounting cavity; the volute tongue section further includes a second surface part (Fig. 2, 3) extending from an end of the first surface part (see different interpretations of this element as defined above) away from the volute tongue tip in a direction away from the fan mounting cavity (Fig. 2); the first surface part includes all points, on the surface of the volute tongue section, at which a normal line of the surface intersects a fan in the fan mounting cavity, and the second surface part includes points, on the surface of the volute tongue section, at which a normal line of the surface does not intersect the fan (Fig. 2, 3); and the air outlet (26 or 28) is provided on the second surface part (Fig. 2), to avoid an airflow discharged from the air supplement path from flowing from the first surface part to the space between the fan and the first surface part.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine prior art elements according to known methods, and add a second surface part in the second plane extending from an end of the first surface part away from the volute tongue tip in a direction away from the fan mounting cavity, to yield predictable results of providing a surface for the outlet holes.
After the above modification, in the combination of Shinobu and JP98, the second surface part includes points, on the surface of the volute tongue section, at which a normal line of the surface does not intersect the fan, and the air outlet is provided on the second surface part.
With regard to claim 40, the combination of Shinobu and JP98 further discloses that the air inlet and the air outlet overlap with each other along a first direction (Fig. 11); the air inlet includes a first end and a second end opposite to the first end along a second direction perpendicular to the first direction (Fig. 11); the air outlet includes a third end and a fourth end opposite to the third end along a third direction perpendicular to the first direction (Fig. 11); the first end is closer to the fan mounting cavity than the second end (Fig. 11), the third end is closer to the fan mounting cavity than the fourth end (Fig. 11).
With regard to claim 41:
The combination of Shinobu and JP98 discloses the air channel assembly of claim 20, as set forth above.
The combination of Shinobu and JP98 does not appear to explicitly disclose that an opening size of the air inlet is greater than an opening size of the air outlet.
However, a careful examination of the specification reveals no criticality for the air inlet size being greater than the air outlet size, nor any reason as to why the air channel assembly of applicant with the air inlet size being greater than the air outlet size would operate any different than the air channel assembly of the combination of Shinobu and JP98, and Applicant has not disclosed that this sizing provides an advantage, is used for a particular purpose, or solves a stated problem. On the contrary, applicant’s specification (see [0082]) discloses that the air channel can be either tapering or expanding or even constant, each being merely disclosed as an example. Hence this sizing arrangement is considered to be a design choice by the applicant. One of ordinary skill in the art, furthermore, would have expected the combination of Shinobu and JP98, and Applicant’s invention, to perform equally well because both would perform the same function.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the inlet/outlet sizing as claimed with the air channel assembly of the combination of Shinobu and JP98 in order to achieve a desired dimension, flow rate, or configuration, as they are a matter of design choice. Such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art.
***************************************************************************************************
Claims 20 and 39-41 are rejected under 35 U.S.C. 103 as being unpatentable over JPH04129898U, referred to hereafter as JP98 in view of Shinobu et al. (US 5,197,850), referred to hereafter as Shinobu.
With regard to claims 20 and 39:
JP98 discloses an air conditioning device (Fig. 1) comprising an air channel assembly including: an upstream air channel member (in Fig. 3, see 11 and 13 with or without the lower part of 21), an upstream air channel being formed in the upstream air channel member (Fig. 2, 3); and a cross-flow air channel member, including a first air channel wall (21, 22, 23) and a second air channel wall (14) arranged at an interval in a cross-section of the cross-flow air channel member (Fig. 2, 3), a cross-flow air channel (10) being formed between the first air channel wall and the second air channel wall (Fig. 2, 3), the cross-flow air channel being arranged downstream of the upstream air channel and in communication with the upstream air channel (Fig. 2, see flow arrows), the first air channel wall including a volute tongue section (upper part of 21 and 22 combined with 23), and the cross-flow air channel including a fan mounting cavity (in Fig. 2, see the cavity in which 2 is installed) between a first surface part of a surface (in a first interpretation, the volute tongue windward surface is 23. In a second interpretation, the volute tongue windward surface would be the first part of 23 between the connection of 22 with 23 and the first 28, i.e., the area of 23 that doesn’t contain any air outlet 28. In a third interpretation, the volute tongue windward surface is 23 and 21 up to the last 26) of the volute tongue section and the second air channel wall (14, see Fig. 2, 3); wherein: an air supplement path (the air supplement path through 27, 28, and 26) is formed in the air channel assembly; an air inlet (27) of the air supplement path is located at an air outlet section (22) and is in communication with a region of the cross-flow air channel located downstream of the fan mounting cavity (Fig. 2, 3), the air outlet section being a part of the first air channel wall between a volute tongue tip (see the corner between 22 and 23 in Fig. 2) of the volute tongue section and an air channel outlet (12) of the cross-flow air channel (Fig. 2, 3); an air outlet (26, 28) of the air supplement path is provided between the volute tongue section and the upstream air channel member (Fig. 2, 3), the air outlet opening towards outside of the cross-flow air channel and being in communication with the upstream air channel (Fig. 2, 3), and a cross-flow fan (2) provided in the fan mounting cavity; the volute tongue section further includes a second surface part (Fig. 2, 3) extending from an end of the first surface part (see different interpretations of this element as defined above) away from the volute tongue tip in a direction away from the fan mounting cavity (Fig. 2); the first surface part includes all points, on the surface of the volute tongue section, at which a normal line of the surface intersects a fan in the fan mounting cavity, and the second surface part includes points, on the surface of the volute tongue section, at which a normal line of the surface does not intersect the fan (Fig. 2, 3); and the air outlet (26 or 28) is provided on the second surface part (Fig. 2), to avoid an airflow discharged from the air supplement path from flowing from the first surface part to the space between the fan and the first surface part.
JP98 does not appear to explicitly disclose that no air outlet is provided on the first surface part.
However, Shinobu, which is in the same field of endeavor of air conditioning devices, teaches an air conditioning device (Fig. 11) comprising an air channel assembly including: an upstream air channel member (Fig. 11), an upstream air channel being formed in the upstream air channel member (Fig. 11, see arrows “a”); and a cross-flow air channel member, including a first air channel wall (Fig. 11) and a second air channel wall (Fig. 11, 201’) arranged at an interval in a cross-section of the cross-flow air channel member (Fig. 11), a cross-flow air channel being formed between the first air channel wall and the second air channel wall (Fig. 11, see arrows that end at 203), the cross-flow air channel being arranged downstream of the upstream air channel and in communication with the upstream air channel (Fig. 11, see flow arrows), the first air channel wall including a volute tongue section (Fig. 11, 12), and the cross-flow air channel including a fan mounting cavity (Fig. 11) between a first surface part of a surface (205a, Fig. 11) of the volute tongue section and the second air channel wall (Fig. 11); wherein: an air supplement path (Fig. 11, the air supplement path through 206a, 206b) is formed in the air channel assembly; an air inlet (206a, 206b) of the air supplement path is located at an air outlet section (Fig. 11) and is in communication with a region of the cross-flow air channel located downstream of the fan mounting cavity (Fig. 11), the air outlet section being a part of the first air channel wall between a volute tongue tip of the volute tongue section and an air channel outlet of the cross-flow air channel (Fig. 11); an air outlet (Fig. 11, see flow “d” entering the inlet 206a/206b and exiting from the outlet) of the air supplement path is provided between the volute tongue section and the upstream air channel member (Fig. 11), the air outlet opening towards outside of the cross-flow air channel and being in communication with the upstream air channel (Fig. 11), and a cross-flow fan (204, Fig. 11) provided in the fan mounting cavity (Fig. 11); the volute tongue section further includes a second plane (in Fig. 11, see the plane where the air outlet is) extending from an end of the first surface part away from the volute tongue tip in a direction away from the fan mounting cavity (Fig. 11); the first surface part includes all points, on the surface of the volute tongue section, at which a normal line of the surface intersects a fan in the fan mounting cavity (Fig. 11), and the second plane includes points, on the surface of the volute tongue section, at which a normal line of the surface does not intersect the fan (Fig. 11, see flow marked as “d” turning around the fan); and the air outlet is provided on the second plane (Fig. 11), and no air outlet is provided on the first surface part (Fig. 11) to avoid an airflow discharged from the air supplement path from flowing from the first surface part to the space between the fan and the first surface part. Shinobu further teaches that holes 206a or 206b create flow “d” which causes that the influence upon the main air current “a” by the fluctuation of the eccentric eddy will be eliminated (Col. 7; lines 63-65).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to use of known technique, namely providing no air outlet on the first surface part, to improve similar devices in the same way.
Although JP98 shows hole 28 at the end of the first surface and discloses that holes 26 and 28 contribute to the creation of flow 30, without holes 28 it is still possible to create flow 30. Avoiding holes 28 would ease manufacturing and lower costs by skipping the step of producing holes 28. Moreover, Shinobu teaches that only outlet holes on the second surface are needed to create flow “d” which causes that the influence upon the main air current “a” by the fluctuation of the eccentric eddy will be eliminated. Hence, hole 28 can be eliminated.
With regard to claim 40, the combination of JP98 and Shinobu further discloses that the air inlet and the air outlet overlap with each other along a first direction (see Fig. 2, 3 showing that 27 and 28 overlap with each other along a first direction, and also 27 and 26 overlap with each other along a first direction); the air inlet includes a first end and a second end opposite to the first end along a second direction perpendicular to the first direction (Fig. 2, 3); the air outlet includes a third end and a fourth end opposite to the third end along a third direction perpendicular to the first direction (Fig. 2, 3); the first end is closer to the fan mounting cavity than the second end (Fig. 2, 3), the third end is closer to the fan mounting cavity than the fourth end (Fig. 2, 3).
With regard to claim 41:
The combination of JP98 and Shinobu discloses the air channel assembly of claim 20, as set forth above.
The combination of JP98 and Shinobu does not appear to explicitly disclose that an opening size of the air inlet is greater than an opening size of the air outlet.
However, a careful examination of the specification reveals no criticality for the air inlet size being greater than the air outlet size, nor any reason as to why the air channel assembly of applicant with the air inlet size being greater than the air outlet size would operate any different than the air channel assembly of JP98, and Applicant has not disclosed that this sizing provides an advantage, is used for a particular purpose, or solves a stated problem. On the contrary, applicant’s specification (see [0082]) discloses that the air channel can be either tapering or expanding or even constant, each being merely disclosed as an example. Hence this sizing arrangement is considered to be a design choice by the applicant. One of ordinary skill in the art, furthermore, would have expected JP98 and Applicant’s invention to perform equally well because both would perform the same function.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the inlet/outlet sizing as claimed with the air channel assembly of JP98 in order to achieve a desired dimension, flow rate, or configuration, as they are a matter of design choice. Such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached form PTO-892 for pertinent prior art disclosing similar air channel assemblies such as US 4913622.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEHNOUSH HAGHIGHIAN whose telephone number is (571)270-7558. The examiner can normally be reached Mon-Fri, 7:00am-15:00pm.
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, Courtney D Heinle can be reached at (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BEHNOUSH HAGHIGHIAN/
Examiner
Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745