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 .
Currently, claims 1-7 are cancelled and claims 8-14 are pending.
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 8-14 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 claims 8, 9 and 13, the phrase "such that" 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).
The term “relative orientation” in claim 9 is a relative term which renders the claim indefinite. The term “relative orientation” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear as to what orientation a relative orientation is defining and if it is parallel, perpendicular, distance.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claims 10-12 and 14 are rejected as being dependent from claims 8 and 13.
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 8-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Viso (US Publication No.: 2003/0085022).
With respect to claim 8, Viso discloses an air conditioning system (Para 0004), comprising: a housing (Fig. 3, housing 302); at least one heat exchanger (Fig. 3, heat exchanger 304); and a holding device fixing the heat exchanger in the housing (Fig. 3, brackets 314 fix the heat exchanger at 306 and 308 to the housing 302), wherein the holding device has a base body (Fig. 3, 318) having at least one recess and at least one clamping member (Fig. 7, recess at 722 and clamping member 732), wherein the holding device and the heat exchanger are configured and arranged relative to each other such that the base body and/or the clamping member are/is indirectly or directly in sealing contact with the heat exchanger (Fig. 7, clamping member 732 seals the base body 718 to heat exchanger at 306).
With respect to claim 9, Viso discloses the air conditioning system of claim 8 as discussed above. Viso also discloses wherein in a relative orientation between the clamping member and the recess, the base body is deformed such that the deformed base body is in sealing contact with the heat exchanger (Fig. 7, base body 718 is deformed at 722 to seal with 306).
With respect to claim 10, Viso discloses the air conditioning system of claim 8 as discussed above. Viso also discloses wherein the base body has a protuberance in a direction of the heat exchanger, and wherein the base body is in contact with the heat exchanger at least with the protuberance (Fig. 7, ends of 732 protrude towards the heat exchanger and 732 is in contact with the heat exchanger at 306).
With respect to claim 11, Viso discloses the air conditioning system of claim 8 as discussed above. Viso also discloses wherein the base body has two recesses, and wherein the two recesses are arranged symmetrically relative to the heat exchanger (Fig. 7, two semi-circular recesses 722 that are arranged symmetrically relative to 306).
With respect to claim 12, Viso discloses the air conditioning system of claim 8 as discussed above. Viso also discloses wherein the recess has a lateral opening (Fig. 7, recess 722 has lateral opening 740).
With respect to claim 13, Viso discloses a method of manufacturing an air conditioning system (Para 0004), Figs. 3 and 7), the method comprising: inserting a heat exchanger into a base body of a holding device (Figs. 3 and 7, heat exchanger 304 has 306 that is inserted into a base body 718 of a holding device shown in figure 7); and inserting at least one clamping member into at least one recess of the base body such that the base body and/or the clamping member come/comes into sealing contact with the heat exchanger (Fig. 7, clamping member 732 clamps 306 to the base body 718).
With respect to claim 14, Viso discloses the method of claim 13 as discussed above. Viso also discloses wherein the clamping member is rotated during insertion of the clamping member (Fig. 7, 732 is rotated at 734 to rotate the clamp into position to lock it together at 738).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE E ROJOHN III whose telephone number is (571)270-5431. The examiner can normally be reached 9:00-5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLAIRE E ROJOHN III/ Primary Examiner, Art Unit 3763
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