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
Claims 4-7 and 11-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/13/2026.
Applicant's election with traverse of species A, shown in figures 1-3, in the reply filed on 1/13/2026 is acknowledged. The traversal is on the ground(s) that the reference to Ushida does not disclose the air conditioner as claimed. This is not found persuasive because the technical feature (clam 1) is not a special technical feature as it does not make a contribution over the prior art in view of Uchida (JP H1073285A) or also in view of Dong et al. (WO 2021016769A1) or Kamada (JP 2006046694A). (See rejection below).
The requirement is still deemed proper and is therefore made FINAL.
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 (device) that is coupled with functional language without reciting sufficient structure to perform the recited function (for receiving and guiding condensate water) and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first water guide device… for receiving and guiding condensed water” in claim 1 and “second water guide device… for receiving and guiding condensate water” in claim 8.
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. Applicant discloses that first water guide device comprises water guide channel in paragraph 49 and the second water guide device comprises channel or tube in paragraph 53.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-3, 8-10, 17-18 and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Dong Z et al. (WO 2021016769A1). Regarding claims 1 and 20, Dong Z discloses (figures 1-2, paragraph 106) an air conditioner (conditioning the air) comprising a heat exchanger assembly, which comprises a heat exchanger comprising a first heat exchanger core (102), wherein the first heat exchanger core comprises a plurality of first heat exchange tubes; and a second heat exchanger core (101) located on one side of the first heat exchanger core in a thickness direction of the first heat exchanger core, wherein the second heat exchanger core (101) comprises a plurality of second heat exchange tubes (13), and a lower edge of the second heat exchanger core is higher than a lower edge (end of 101 near bent 103) of the first edge of the first heat exchanger core (101), and a water guide device (2) comprising a first water guide device, wherein at least part of the first water guide device (2) is arranged below the second heat exchanger core (101) and used for receiving and guiding condensed water from the second heat exchanger core. Regarding claim 2, Dong Z further discloses (figure 7) that the first water guide device (2) comprises a first water guide channel.
Regarding claim 3, Dong Z further discloses (figure 7) that the bottom of the first water guide channel is inclined relative to the horizontal plane, so that a first end of the bottom of the first water guide channel is higher than a second end thereof.
Regarding claim 8, Dong Z further discloses (figures 2 and 7) that the water guide device further comprises a second water guide device (4) located near an end portion of the first water guide device in a lateral direction perpendicular to a thickness direction and a vertical direction of the first heat exchanger core, and used for receiving and guiding condensed water received and guided by the first water guide device from the end portion of the first water guide device.
Regarding claim 9, Dong Z further discloses that the second water guide device (4) comprises a second water guide channel or water guide tube (tube 4)
Regarding claim 10, Dong Z further discloses (figure 2) that the second water guide device (4) comprises a water guide tube (4) vertically or obliquely arranged.
Regarding claim 17, Dong Z further discloses that the heat exchanger further discloses a connecting portion (103), wherein the plurality of first heat exchanger tubes of the first heat exchanger core are connected to the plurality of second heat exchange tubes of the second heat exchanger core through the connecting portion (3).
Regarding claim 18, Dong Z further discloses (figure 2) that the water guide device further comprises a water receiving tray (3), wherein the second water guide device guides received condensed water into the water receiving tray.
Claims 1-2, 17 and 19-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Uchida et al. (JPH-1073285A). Regarding claims 1 and 20, Uchida discloses an air conditioner comprising a heat exchanger assembly, which comprises a heat exchanger comprising a first heat exchanger core (9), wherein the first heat exchanger core comprises a plurality of first heat exchange tubes; and a second heat exchanger core (10) located on one side of the first heat exchanger core in a thickness direction of the first heat exchanger core, wherein the second heat exchanger core comprises a plurality of second heat exchange tubes, and a lower edge of the second heat exchanger core (10) is higher than a lower edge of the first edge of the first heat exchanger core (the heat exchanger core 10 is shorter than the heat exchanger core 9), and a water guide device (19) comprising a first water guide device, wherein at least part of the first water guide device (19) is arranged below the second heat exchanger core (10) and used for receiving and guiding condensed water from the second heat exchanger core. Regarding claim 2, Uchida further discloses that the first water guide device (19) comprises a first water guide channel. .
Regarding claim 17, Uchida further discloses (figure 2) that the heat exchanger further discloses a connecting portion (49,50), wherein the plurality of first heat exchanger tubes of the first heat exchanger core (9) are connected to the plurality of second heat exchange tubes of the second heat exchanger core (10) through the connecting portion (49,50), see figure 2.
Regarding claim 19, Uchida further discloses (figure 5) that the size of the first heat exchanger core (9) in a vertical direction is larger than the size of the second heat exchanger core (10) in a vertical direction. (core 10 is shorter than core 9 shown in figure 5).
Claims 1-2, and 19-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kamada et al. (JP 2006046694A). Regarding claims 1 and 20, Kamada discloses (figure 5 and figure A shown below) an air conditioner comprising a heat exchanger assembly, which comprises a heat exchanger comprising a first heat exchanger core (see figure A), wherein the first heat exchanger core comprises a plurality of first heat exchange tubes (5); and a second heat exchanger core (see figure A) located on one side of the first heat exchanger core in a thickness direction of the first heat exchanger core, wherein the second heat exchanger core comprises a plurality of second heat exchange tubes (5), and a lower edge of the second heat exchanger core (see figure A) is higher than a lower edge of the first edge of the first heat exchanger core, , and a water guide device (6) comprising a first water guide device, wherein at least part of the first water guide device (6) is arranged below the second heat exchanger core (see figure A) and used for receiving and guiding condensed water from the second heat exchanger core. Regarding claim 2, Kamada further discloses that the first water guide device (6) comprises a first water guide channel.
Regarding claim 19, Kamada further discloses (figure A) that the size of the first heat exchanger core in a vertical direction is larger than the size of the second heat exchanger core in a vertical direction. (second heat exchanger core is shorter than the first in vertical direction).
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Figure A: the modified figure corresponds to figure 5 of Kamada with limitations shown.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang et al. (CN 216694561U) discloses a heat exchanger.
Morita et al. (WO 2023145042A1) discloses a heat exchanger.
Christensen et al. (US 20210080193) discloses tube sheets for evaporator coil.
Schult et al. (WO 2014100712A1) discloses a condensate drain.
Uehara Yuji (WO 2012011364A1) discloses an indoor unit for air conditioner.
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/THO V DUONG/Primary Examiner, Art Unit 3763