Prosecution Insights
Last updated: September 17, 2026
Application No. 18/717,488

AN AIR FLOW WALL UNIT AND A BUILDING COMPRISING AN AIR FLOW SYSTEM

Non-Final OA §103§112
Filed
Jun 07, 2024
Priority
Dec 07, 2021 — DK PA 2021 70601 +1 more
Examiner
GIORDANO, MICHAEL JAMES
Art Unit
Tech Center
Assignee
Energy Flow Wall Aps
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
159 granted / 204 resolved
+17.9% vs TC avg
Strong +21% interview lift
Without
With
+20.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
44 currently pending
Career history
242
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
62.1%
+22.1% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 204 resolved cases

Office Action

§103 §112
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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “ground cooling unit” and “coupling unit” of claim 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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 that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “coupling unit” in claim 7. The specification does not provide any further structure for the term. 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. 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 § 112 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 7-8 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. Claim 7 recites “coupling unit” which is interpreted under 112(f). There is no further structure for the limitation provided within the specification and it is not shown within the figures. Therefore, the limitation lacks the necessary written description. Claim 8 is rejected based on its dependency to claim 7. 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 5 and 7-8 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. Regarding claim 5, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim limitation “coupling unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The limitation does not have any further structure provided within the specification and therefore it is unclear what the intended structure of the “coupling unit” is. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. Claim 8 is rejected based on its dependency to claim 7. 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. Claims 1-2, 6 and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amundarain (EP 2520870 A1) (cited in the IDS filed on 06/07/2024). Regarding claim 1, Amundarain teaches of: An air flow wall unit for providing a heat-treated air flow into a building (Figs. 1-3) the air flow wall unit comprising: a top part (in the system of Amundarain there are a series of identical air flow all units shown, in Fig. 1 a connection point between the top of a first air flow wall unit and the bottom of an identical second air flow wall unit is shown, therefore the air flow all unit has a top part at 23a), an opposite bottom part (23b) and a heat chamber interconnecting the top part and the bottom part (15 connects 23a and b), wherein - the bottom part includes an air inlet channel (17) connected to the heat chamber for intake of ambient air (17 is connected to 15 and feeds it ambient air; ¶ [0032], “The air exchange between the interior of the closed space, the exterior and the air chamber -15- of each module of the passive solar collector is carried out respectively through an upper air conduit -11- close to the ceiling of the closed space and a lower air conduit -12- close to the floor of the closed space arranged in boreholes made in the facade -25-“), - the top part includes an air flow control valve (13) with a valve inlet connected to the heat chamber (Fig. 3, in patterns A-E valve 13 is shown as the top valve, arrows flow into 13 from 15 at 13’s inlet in each of the patterns), a building outlet for providing heat-treated air flow into a building (Figs. 1 and 3, 11), and an exhaust outlet for exhausting heat-treated air (Figs. 1 and 3, 18 is the exhaust outlet, see arrows flowing through exhaust outlet of 13 in patterns D-E), and - the heat chamber includes a chamber front (1) extending between the top part and the bottom part (1 extends between 23a and b), Wherein the air flow wall unit further comprises a power source powering a controller configured for changing a state of the air flow control valve (the system has a control system for electrically controlling the flow control valve and therefore must have a power source for powering the controller; ¶ [0021], “The three-way valves can be operated, for example, by means of small electric motors controlled by a system which positions the valves according to the temperatures at different points of the system (three thermocouples).”); a building air flow state configured for an air flow direction from the heat chamber and out through the building outlet (Fig. 3, patterns A-C show building flow states where air flows from 15 to the interior of the building through the above mapped building outlet) - a no-flow state configured for blocking the valve inlet (13 is capable of being positioned in a no flow state where it blocks the inlet into 13 and no air flows through the air flow wall unit, 13 is the first direction system in the specification of Amundarain; ¶ [0018], “the first directing system can also adopt a third position and the second directing system can adopt a fourth position such that they respectively blocks the outlet and the inlet of the air chamber such that the air contained in the air chamber remains immobile inside it, thus configuring what is known as a "solar wall".). Amundarain fails to explicitly teach: a phase change material unit extending at least partly between the top part and the bottom part for heat-treating air in the heat chamber - a PCM cooling state configured for an air flow between the heat chamber and the exhaust outlet A further embodiment of Amundarain teaches of: a phase change material unit extending at least partly between the top part and the bottom part for heat-treating air in the heat chamber (¶ [0039], “Pattern A can be used to cool the room when an accumulator with phase changing materials is used”; the accumulator described must be positioned within 15 to heat treat the air flowing through 15 and therefore would extend partly between the top part and the bottom part) - a PCM cooling state configured for an air flow between the heat chamber and the exhaust outlet (¶ [0039], “This is possible when the phase changing temperature of said material is below the temperature inside the closed space to be cooled. In that case, the position of the rollers -13- and -14- is identical to the one shown in pattern A but the circulation of air is the opposite to the one defined therein”) The primary reference can be modified to meet this/these limitation(s) as follows: include a phase change accumulator within the heat chamber of Amundarain A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for the system of Amundarain to cool the interior of the building as needed, improving climate control within the building Regarding claim 2, Amundarain as modified teaches of the air flow wall unit according to claim 1, and Amundarain as modified further teaches of: Wherein the chamber front is at least partly permeable of sun light for heating the phase change material unit (Fig. 1, 1 is transparent and permeable to sun light, in the combined teachings the heating chamber has a phase change material unit that is heated by the sunlight passing through 1) Regarding claim 6, Amundarain as modified teachings of the air flow wall unit according to claim 1, and Amundarain as modified further teaches of: Wherein the chamber front is provided with an insulation layer for preventing heating of the phase change material unit (Fig. 1, 22 are blinds that act as an insulation layer for preventing heating of the materials within 15; ¶ [0038], “Necessarily, in this case, the transparent outer panel -1- must be susceptible of being opacified in those time intervals in which the intention is on one hand to reduce heat losses of the storing element (night use of the heat stored during the day in winter following Patterns A, B and C) or on the other hand to prevent the irradiation of the absorbing panel 2 (Pattern E corresponding to ventilated facade in summer). There are several ways to achieve this objective such as, for exam pie, the uses or electrochromic glasses, thermochromic glasses, of dispersed liquid crystal, etc. or in the simplest case, a system of blinds -22-, preferably coated with low emissivity, as shown in Figure 1.”) Regarding claim 9, Amundarain as modified teaches of the air flow wall unit according to claim 1, and Amundarain as modified further teaches of: wherein the air flow wall unit comprises a temperature sensor connected to the controller, wherein the state of the air flow control valve is changed as a function of the temperature sensor (¶ [0021], “The three-way valves can be operated, for example, by means of small electric motors controlled by a system which positions the valves according to the temperatures at different points of the system (three thermocouples).”) Regarding claim 10, Amundarain as modified teaches of the air flow wall unit according to claim 1, and Amundarain further teaches of: wherein the chamber front is provided with an insulation layer for preventing heat exchange of the phase change material unit, and wherein the insulation layer is connected to a rail so that the insulation layer can be displaced between a first position, wherein the insulation is in front of the phase change material unit and a second position, wherein the phase change material unit is not insulated; or wherein the air flow wall unit comprises a roller connected to the insulation layer and configured for winding and unwinding the insulation layer (Fig. 1, 22 are blinds that are rolled upon a roller and act as an insulation layer for the phase change material within 15; ¶ [0038], “Necessarily, in this case, the transparent outer panel -1- must be susceptible of being opacified in those time intervals in which the intention is on one hand to reduce heat losses of the storing element (night use of the heat stored during the day in winter following Patterns A, B and C) or on the other hand to prevent the irradiation of the absorbing panel 2 (Pattern E corresponding to ventilated facade in summer). There are several ways to achieve this objective such as, for exam pie, the uses or electrochromic glasses, thermochromic glasses, of dispersed liquid crystal, etc. or in the simplest case, a system of blinds -22-, preferably coated with low emissivity, as shown in Figure 1.”). Regarding claim 11, Amundarain as modified teaches of the air flow wall unit according to claim 1, and Amundarain further teaches of: wherein the air flow control valve is further configured to enable airflow between the building outlet and the exhaust outlet (Fig. 3, pattern D) Regarding claim 12, Amundarain as modified teaches of the air flow wall unit according to claim 2, and Amundarain as modified further teaches of: A building comprising an air flow system for providing a heat-treated air flow into the building (Fig. 3, see patterns A-C showing heat treated air flow entering the building), the air flow system comprises - a first air flow wall unit according to claim 2 (see rejection of claim 2 above), configured for heating the building, the first air flow wall unit being installed on east- west- or southward side of the building (¶ [0014], “The modules according to the invention and the solar collectors formed by such modules must be installed in the opaque areas of the façades irradiated by the sun. These are the east, west façades and mainly the south façade.”); and/or - a second air flow wall unit according to any one of claim 2 configured for cooling the building, the second air flow wall unit being installed on northward side of the building. Claim 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amundarain (EP 2520870 A1) (cited in the IDS filed on 06/07/2024) in view of JP H0765445 B2 hereinafter referred to as Ref. 1 (cited in the IDS filed on 02/17/2026, re-cited by Examiner with full translation). Regarding claim 3, Amundarain as modified teaches of the air flow wall unit according to claim 2, however, Amundarain fails to explicitly teach: wherein the chamber front comprises a solar cell and the power source is a battery adapted for being charged by the solar cell Ref. 1 teaches of: wherein the chamber front comprises a solar cell (Fig. 1, chamber 1 has solar cell 5) and the power source is a battery adapted for being charged by the solar cell (8 is a controller that has a battery power source charged by solar energy collected by solar cell 5; Pg. 6, “the controller 8 is equipped with a battery or other energy storage device, allowing it to function sufficiently with the electricity stored during the day”) The combined teachings can be modified to meet this/these limitation(s) as follows: add the semi-transparent solar cell of Ref. 1 into the chamber of Amundarain as modified and modify the power source of the controller of Amundarain as modified to be a battery that receives energy from the solar cell A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for the system of Amundarain to operate independent of the building power source and to generate its own electricity, improving reliability and energy efficiency of the system Regarding claim 4, the combined teachings teach of the air flow wall unit according to claim 3, and the combined teachings further teach: wherein the solar cell is partially permeable of sunlight (Ref. 1, Pg. 5, “semi-transparent solar cell 5”) Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amundarain (EP 2520870 A1) (cited in the IDS filed on 06/07/2024) in view of Jiang (CN 107313520 A) Regarding claim 7, Amundarain as modified teaches of the air flow wall unit according to claim 6, however, Amundarain fails to explicitly teach: wherein the air flow wall unit further comprises a ground cooling unit having one or more tubes in the heat chamber and a coupling unit for connecting with one or more tubes extending into ground. Jiang teaches of: wherein the air flow wall unit further comprises a ground cooling unit (Fig. 6) having one or more tubes in the heat chamber (Figs. 1 and 4-6, 30 is a series of tubes that are formed in 3 which is within the heat chamber 2) and a coupling unit for connecting with one or more tubes extending into ground (Fig. 6, 30 is connected to 39 via 38). The combined teachings can be modified to meet this/these limitation(s) as follows: provide a series of tubes to be positioned within the phase change material of Amundarain as modified and create circulating loop with the tubes and an underground heat exchanger so that the cooling liquid within the tubes can selectively cool the phase change material via geothermal heat exchange A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would provide an energy efficient way to cool the phase change material of Amundarain as modified, improving the cooling capabilities of the system of the combined teachings 14. Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amundarain (EP 2520870 A1) (cited in the IDS filed on 06/07/2024) in view of Jiang (CN 107313520 A) and Horn (WO 2017092774 A1) Regarding claim 8, the combined teachings teach of the air flow wall unit according to claim 7, and the combined teachings further teach: the air flow wall unit further comprises a pump for circulating cooling liquid through the ground cooling unit (Jiang, Fig. 6, 38 is a pump that circulates cooling liquid through the ground cooling unit in the combined teachings) The combined teachings fail to explicitly teach: wherein power source is a connector to building power Horn teaches of: wherein power source is a connector to building power (Pg. 8, lines 6-12, “In a preferred embodiment, the valves are controlled electronically, since there are more parameters to be controlled than is the case with the window unit alone. Since they are relatively small valves without especially large energy consumption, it would be appropriate to use a solar cell and an energy store in the air temperature change unit. A solar cell as the primary energy source is one possibility when the sun is shining. A secondary backup energy source could then come from the electrical system of the building.”) The combined teachings can be modified to meet this/these limitation(s) as follows: connect the power source of Amundarain as modified to a solar cell and an electrical system of the building A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for the system of Amundarain as modified to be powered by renewable energy but to also tap into the building’s electrical power as needed, improving efficiency and reliability Claims 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amundarain (EP 2520870 A1) (cited in the IDS filed on 06/07/2024) in view of Haessler (DE 102011121734 A1). Regarding claim 5, Amundarain as modified teaches of the air flow wall unit according to claim 1, however, Amundarain fails to explicitly teach: wherein the air flow control valve further comprises a top outlet for providing airflow to a secondary unit such as an air flow wall unit on a northward side of a building or a ventilation window on a northward side of a building or another room of a building. Haessler teaches of: wherein the air flow control valve further comprises a top outlet (Fig. 1, see 1 positioned on the southern side of the building, 1 has an outlet at 7 leading into 12 at the roof of the building) for providing airflow to a secondary unit such as an air flow wall unit on a northward side of a building or a ventilation window on a northward side of a building or another room of a building (18 leads to another room of the building holding 8). The combined teachings can be modified to meet this/these limitation(s) as follows: provide a heat storage room at the bottom of the building of Amundarain as modified, further provide an outlet at the top of the air flow wall unit that leads to a flow path that flows down into the heat storage room, further provide a flow path from the heat storage room to an inlet at the bottom of the air flow wall unit that can receive heated air from the heat storage room as needed A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for a large quantity of heat to be stored in the heat storage room and to be distributed to the air flow wall unit system as needed, particularly during the night or winter when there is less sunlight Regarding claim 14, Amundarain as modified teaches of the building according to claim 12, however, the Amundarain as modified fails to explicitly teach: wherein the first air flow wall unit further comprises a top outlet and wherein the top outlet is connected via an airflow connection to a ventilation window on the northward side of the building or to the second air flow wall unit or another room of the building. Haessler teaches of: wherein the first air flow wall unit further comprises a top outlet (Fig. 1, see 1 positioned on the southern side of the building, 1 has an outlet at 7 leading into 12 at the roof of the building) and wherein the top outlet is connected via an airflow connection (18) to a ventilation window on the northward side of the building or to the second air flow wall unit or another room of the building (18 leads to another room of the building holding 8). The combined teachings can be modified to meet this/these limitation(s) as follows: provide a heat storage room at the bottom of the building of Amundarain as modified, further provide an outlet at the top of the air flow wall unit that leads to a flow path that flows down into the heat storage room, further provide a flow path from the heat storage room to an inlet at the bottom of the air flow wall unit that can receive heated air from the heat storage room as needed A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for a large quantity of heat to be stored in the heat storage room and to be distributed to the air flow wall unit system as needed, particularly during the night or winter when there is less sunlight Claim 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amundarain (EP 2520870 A1) (cited in the IDS filed on 06/07/2024) in view of Haessler (DE 102011121734 A1) and Custer (US 3981445 A). Regarding claim 13, Amundarain as modified teaches of the building according to claim 12, however, Amundarain as modified fails to explicitly teach: wherein the controllers of the first air flow wall unit and the second air flow wall unit are configured for communication with a building control system, and wherein the controllers are configured to change the state of the air flow control valves as function of data received from the building control system. Haessler further teaches of: the second air flow wall unit (Fig. 1, see air flow wall unit 1 facing the southern side of the building and second air flow wall unit facing the northern side of the building, arrows indicating air flow show the cycle of air from the southern side to the northern side) The combined teachings can be modified to meet this/these limitation(s) as follows: add an additional air flow wall unit on the norther side of the building of Amundarain as modified that is identical to the existing air flow wall unit on the southern side of the building and further provide a flow path from the existing southern air flow wall unit at its top so that heat treated air from the existing air flow wall unit can travel to the new air flow wall unit on the northern side of the building as needed A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for side of the building not being irradiated by sunlight to be heated by the irradiated southern side of the building, maintaining uniform temperature throughout the building Custer teaches of: wherein the controllers of the first air flow wall unit and the second air flow wall unit are configured for communication with a building control system (Fig. 1, 16 and 18 have controllers that are both connected to a building control system; Col. 3, lines 52-57, “In operation, the central control system of the building will be set by hand or by some preprogrammed apparatus and the temperature sensing devices 40 of windows 16 and 18 will be designed to operate independently but in response to the same temperature setting”), and wherein the controllers are configured to change the state of the air flow control valves as function of data received from the building control system (see combination made below, both the controllers of 16 and 18 independently control their respective air flow wall units based on temperature sensing devices) The combined teachings can be modified to meet this/these limitation(s) as follows: modify the controllers of each of the air flow wall units added in the combination made with Haessler above so that they are connected to a central building control system that communicates a temperature setting to the individual controllers of each unit A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for both air flow wall units to operate independently towards a common temperature set point since each will receive different levels of irradiation, improving the system’s ability to regulate the temperature within the building Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM EST. 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, Helena Kosanovic can be reached at (571) 272-9059. 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. /MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762 /HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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Prosecution Timeline

Jun 07, 2024
Application Filed
Sep 03, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+20.8%)
2y 8m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 204 resolved cases by this examiner. Grant probability derived from career allowance rate.

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