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 .
Claim Rejections - 35 USC § 102
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.
Claim(s) 11 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et. al (US 2021/0172244 A1).
With respect to claim 11 Smith discloses a heating, ventilation, and air conditioning (HVAC) system, comprising: a louver assembly [reference character 100] configured to couple to a stand-alone HVAC unit, wherein the louver assembly comprises: a frame [reference character 110] comprising a first jamb frame member [reference character 116], a second jamb frame member [reference character 118], a head frame member [reference character 112], and a sill frame member [reference character 114] coupled to one another to define an opening configured to direct an ambient air flow from an ambient environment into the stand-alone HVAC unit; and a plurality of louver blades [reference character 130] secured to the frame and disposed within the opening, wherein each louver blade of the plurality of louver blades comprises an upstream end, a downstream end [see direction of airflow in Fig. 6], a main body [reference character 620], and a retention member [see annotated Fig. below] extending from the main body at the upstream end to define a recess [reference character 612] configured to accumulate liquid captured from the ambient air flow, and each louver blade of the plurality of louver blades is configured to direct the liquid along the recess toward the first jamb frame member, the second jamb frame member, or both1 [see paragraph 0026]; and a plurality of fasteners [reference character 142], wherein each fastener of the plurality of fasteners is configured to extend through a component of the frame and engage with a respective louver blade of the plurality of louver blades to secure the respective louver blade to the frame [see Fig.2].
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With respect to claim 13 Smith discloses that each louver blade of the plurality of louver blades comprises: a first engagement arm [see annotated Fig. below] formed at the downstream end and extending in a direction of the ambient air flow through the louver assembly; a second engagement arm [see annotated Fig. below] formed at the downstream end and extending in the direction of the ambient air flow through the louver assembly; and a retention recess [reference character 640] formed at least partially between the first engagement arm and the second engagement arm, wherein the retention recess is configured to receive the fastener of the plurality of fasteners corresponding to the louver blade, and the first engagement arm and the second engagement arm are configured to engage with the fastener to secure the louver blade to the frame.
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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) 1-4, and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et. al (US 2003/0042010 A1) in view of Smith et. al (US 2021/0172244 A1).
With respect to claim 1 Kobayashi discloses a heating, ventilation, and air conditioning (HVAC) system, comprising: a self-contained HVAC unit [reference character 10] configured to extend at least partially through an external wall [see Fig. 3] of a building in an installed configuration of the HVAC system.
Koyabashi does not disclose a louver assembly configured to couple to the self-contained HVAC unit, wherein the louver assembly is configured to be disposed within an ambient environment surrounding the building in the installed configuration of the HVAC system, and the louver assembly comprises: a frame defining an opening configured to direct an ambient air flow from the ambient environment into the self-contained HVAC unit; and a louver blade coupled to the frame, wherein the louver blade comprises a main body, a retention member extending from the main body, and a recess defined by the main body, the louver blade is configured to capture environmental elements directed into the louver assembly via the ambient air flow and direct the environmental elements into the recess, and the louver blade is configured to direct the environmental elements along the recess toward the frame.
Smith discloses a louver system [reference character 100] for preventing ingress of “…wind, rain, leaves, insects and other foreign materials…” [paragraph 0002] into the HVAC system. Smith further discloses that the louver assembly is configured to be disposed within an ambient environment surrounding the building in the installed configuration of the HVAC system [paragraph 0002], and the louver assembly comprises: a frame [reference character 110] defining an opening configured to direct an ambient air flow from the ambient environment into the self-contained HVAC unit; and a louver blade [reference character 130] coupled to the frame, wherein the louver blade comprises a main body [reference character 620], a retention member [see annotated Fig. below] extending from the main body, and a recess [reference character 612] defined by the main body, the louver blade is configured to capture environmental elements directed into the louver assembly via the ambient air flow and direct the environmental elements into the recess, and the louver blade is configured to direct the environmental elements along the recess toward the frame2 [paragraph 0026].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Kobayashi by covering the discharge port and the outdoor suction port with the louver assembly taught by Smith in order to prevent the ingress of “…wind, rain, leaves, insects and other foreign materials…” [paragraph 0002 of Smith] into the HVAC system.
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With respect to claim 2 the combination of Kobayashi and Smith disclose that the frame comprises a plurality of flanges [see annotated Fig. below] extending along the frame cross-wise to the recess of the louver blade and defining a channel, and the louver blade is configured to direct the environmental elements along the recess and into the channel.
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With respect to claim 3 the combination of Kobayashi and Smith disclose that the frame comprises a jamb frame member [reference characters 116 or 118] and a jamb frame insert [reference character 124] disposed between the jamb frame member and the louver blade relative to a lateral axis along which the recess extends, and the jamb frame insert comprises the plurality of flanges [see Fig. 2].
With respect to claim 4 the combination of Kobayashi and Smith disclose that the jamb frame insert comprises: a lateral side portion extending along a longitudinal axis of the louver assembly [see annotated Fig. below]; and a support rail [see annotated Fig. below] extending from the lateral side portion along the lateral axis, wherein the plurality of flanges extends from the lateral side portion along the lateral axis.
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With respect to claim 7 the combination of Kobayashi and Smith discloses the louver assembly comprises a first end facing the ambient environment and a second end, opposite the first end, coupled to the self- contained HVAC unit, the louver assembly comprises a depth extending from the first end to the second end [see annotated Fig. below].
The combination of Kobayashi and Smith do not disclose that the depth is equal to or less than approximately two inches. However, the depth is interpreted as a result effective variable that would be optimized in order to achieve a desired result, in this case the depth would be optimized in order to provide the maximum area for catching precipitation whilst balancing the weight of the louver assembly. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to provide a depth of less than approximately two inches since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art In re Aller, 105 USPQ 233.
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With respect to claim 8 the combination of Kobayashi and Smith disclose that the self-contained HVAC unit comprises: a housing [reference character 16 and 18]; a vapor compression circuit [all of the internal components shown in Fig. 2] disposed within the housing, wherein the vapor compression circuit is configured to place the ambient air flow in a heat exchange relationship with a working fluid circulated through the vapor compression circuit, the vapor compression circuit is configured to generate a conditioned air flow, and the housing is configured to discharge the conditioned air flow directly into a space within the building; and a sleeve [reference character 19] configured to extend through an opening formed in the external wall in the installed configuration of the HVAC system [see Fig. 3], wherein the housing is configured to extend within the sleeve in the installed configuration of the HVAC system.
With respect to claim 9 the combination of Kobayashi and Smith disclose that the louver assembly is configured to be secured to the sleeve [see rejection in claim 1, Kobayashi in combination with Smith].
With respect to claim 10 the combination of Kobayashi and Smith disclose a linear portion [reference character 622] extending from the retention member and an arcuate portion [reference character 626] extending from the linear portion, and the louver blade comprises: an extension [see annotated Fig. below] extending from the arcuate portion; and a guide lip [reference character 634] extending from the extension at an end of the extension opposite the arcuate portion, wherein the guide lip extends toward an upstream end of the louver blade, relative to a direction of the ambient air flow into the louver assembly.
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Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et. al (US 2021/0172244 A1).
With respect to claim 12 Smith discloses the louver assembly comprises a first end facing the ambient environment and a second end, opposite the first end, coupled to the self- contained HVAC unit, the louver assembly comprises a depth extending from the first end to the second end [see annotated Fig. above].
Smith does not disclose that the depth is equal to or less than approximately two inches. However, the depth is interpreted as a result effective variable that would be optimized in order to achieve a desired result, in this case the depth would be optimized in order to provide the maximum area for catching precipitation whilst balancing the weight of the louver assembly. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to provide a depth of less than approximately two inches since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art In re Aller, 105 USPQ 233.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et. al (US 2003/0042010 A1) in view of Smith et. al (US 2021/0172244 A1).
With respect to claim 19 Kobayashi discloses a heating, ventilation, and air conditioning (HVAC) system, comprising: a stand-alone HVAC unit [reference character 10] comprising a housing [reference characters 16 and 18-19] and HVAC equipment disposed within the housing, wherein the housing is configured to extend through an opening formed in an external wall of a building to be at least partially disposed within an ambient environment surrounding the building and at least partially disposed within an interior of the building in an installed configuration of the HVAC system [see Fig. 3].
Kobayashi does not disclose a louver assembly configured to couple to the stand-alone HVAC unit and be disposed within the ambient environment in the installed configuration of the HVAC system, and the louver assembly comprises: a frame defining an opening configured to direct an ambient air flow from the ambient environment into the housing, wherein the frame comprises a head frame member, a sill frame member, a jamb frame member, and a channel extending along the jamb frame member between the head frame member and the sill frame member; and a louver blade coupled to the frame, wherein the louver blade comprises a blade body, a retention member extending from an upstream end of the blade body, and a recess formed by the blade body and the retention member, wherein the recess extends toward the channel, the blade body is configured to divert liquid directed into the louver assembly via the ambient air flow toward the recess, and the louver blade is configured to direct the liquid along the recess toward the channel.
Smith discloses a louver system [reference character 100] for preventing ingress of “…wind, rain, leaves, insects and other foreign materials…” [paragraph 0002] into the HVAC system, the louver assembly comprises: a frame [reference character 110] defining an opening configured to direct an ambient air flow from the ambient environment into the housing, wherein the frame comprises a head frame member [reference character 112], a sill frame member [reference character 114], a jamb frame member [reference characters 116 or 118], and a channel [reference character 124] extending along the jamb frame member between the head frame member and the sill frame member; and a louver blade [reference character 130] coupled to the frame, wherein the louver blade comprises a blade body [reference character 620], a retention member [see annotated Fig. below] extending from an upstream end of the blade body, and a recess [reference character 162] formed by the blade body and the retention member, wherein the recess extends toward the channel, the blade body is configured to divert liquid directed into the louver assembly via the ambient air flow toward the recess, and the louver blade is configured to direct the liquid along the recess toward the channel [see paragraph 0026].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Kobayashi by covering the discharge port and the outdoor suction port with the louver assembly taught by Smith in order to prevent the ingress of “…wind, rain, leaves, insects and other foreign materials…” [paragraph 0002 of Smith] into the HVAC system.
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With respect to claim 20 the combination of Kobayashi and Smith disclose that the frame comprises: a first end configured to face the ambient environment in the installed configuration of the HVAC system; a second end, opposite the first end, configured to couple to the stand-alone HVAC unit; and a depth dimension extending from the first end to the second end [see annotated Fig. below]
The combination of Kobayashi and Smith do not disclose that the depth is equal to or less than approximately two inches. However, the depth is interpreted as a result effective variable that would be optimized in order to achieve a desired result, in this case the depth would be optimized in order to provide the maximum area for catching precipitation whilst balancing the weight of the louver assembly. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to provide a depth of less than approximately two inches since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art In re Aller, 105 USPQ 233.
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Allowable Subject Matter
Claims 5-6 and 14-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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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.
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/VIVEK K SHIRSAT/ Primary Examiner, Art Unit 3762
1 “…the channel 612 may be substantially horizontal, but the force of the incoming air flow may push the accumulated environmental elements toward the ends to drain the environmental elements” [paragraph 0026].
2 “…the channel 612 may be substantially horizontal, but the force of the incoming air flow may push the accumulated environmental elements toward the ends to drain the environmental elements” [paragraph 0026].
Prosecution Insights