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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/31/2026 has been entered.
Claims 1-4, 6-13 and 21 are pending. Claims 1, 6-7 and 11-13 are amended. Claims 5 and 14-20 are cancelled.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 11-12 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jingsong (CN 112556228A, machine Translation provided in the OA of 06/01/2026).
Regarding claim 11, Jingsong discloses:
an outdoor unit (figs. 1-2), comprising:
a first unit (10) comprising a compressor (23) (figs. 1-2) and a regenerative heat exchanger (27) [par. 0033];
a second unit (unit above 10, where condensers 22 are) comprising a condenser (22) (figs. 1-2) [par. 0038] including a bottom plate (the bottom plate that holds condensers 22), a V-shaped heat exchange coil (22) on the bottom plate, and a fan (60) above the V-shaped heat exchange coil (22) (fig. 1);
wherein, the outdoor unit is configured to be installed in a first mode (fig. 1).
Regarding claim 12, Jingsong discloses:
in the first mode (fig. 1), the first unit (10) and the second unit (unit above 10) are installed adjacent to each other (fig. 1), and the first unit (10) and the second unit (above 10) are connected through a first fluid pipeline (seen in fig. 2) passing through an adjacent surface between the first unit (10) and the second unit (unit above 10) (figs. 1-2).
Regarding claim 21, Jingsong discloses:
wherein in the first mode (fig. 1), the bottom plate (the bottom plate that holds condensers 22) of the second unit is installed adjacent to a top of the first unit (10) (fig. 1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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, 9-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jingsong in view of Hisashi (JPH 0749875B2, machine translation provided in the OA of 06/01/2026).
Regarding claim 1, Jingsong discloses:
an outdoor unit (figs. 1-2), comprising:
a first unit (10) comprising a compressor (23) (figs. 1-2) and a regenerative heat exchanger (27) [par. 0033];
a second unit (unit above 10, where condensers 22 are) comprising a condenser (22) (figs. 1-2) [par. 0038] including a bottom plate (the bottom plate that holds condensers 22), a V-shaped heat exchange coil (22) on the bottom plate, and a fan (60) above the V-shaped heat exchange coil (22) (fig. 1);
wherein the outdoor unit is configured to be installed in a first mode (fig. 1) or a second mode (fig. 4);
wherein in the first mode (fig. 1), the first unit (10) and the second unit (unit above 10) are installed adjacent to each other (fig. 1), the first unit (10) and the second unit (unit above 10) are connected through a first fluid pipeline (seen in fig. 2) passing through an adjacent surface between the first unit (10) and the second unit (above 10) (fig. 1), and the bottom plate (the bottom plate that holds condensers 22) of the second unit (unit above 10) is installed adjacent to the top of the first unit (10) (seen in fig. 1).
Jingsong does not disclose:
in the second mode, the first unit and the second unit being respectively installed at a first position and a second position spaced apart from each other.
Hisashi teaches that, in refrigeration systems, outdoor units (figs. 2 and 4) comprising first units (I) with compressors (3) and second units (II) with condensers heat exchangers (10) and capable of being installed adjacent to each other (fig. 2) or separated from each other (fig. 4) as an obvious variation of each other [par. 0003] according to the user’s needs, are old and known in the art.
Therefore, it would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate into Jingsong the teachings of Hisashi to have, upon modification:
in the second mode, the first unit and the second unit being respectively installed at a first position and a second position spaced apart from each other (seen in fig. 4 of Hisashi), and
the first unit and the second unit being connected through a second fluid pipeline (41, 42 of Hisashi) extending between the first position (of first unit I) and the second position (of second unit II) (seen in fig. 4 of Hisashi).
Further, the recitation “the outdoor unit is configured to be installed in a second mode… where in the second mode, the first unit and the second unit are respectively installed at a first position and a second position spaced apart from each other” is considered to be a recitation with respect to the manner in which a claimed apparatus is intended to be used. It is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be used does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations of the claimed, as is the case here. Refer to MPEP 2114 (II). In the instant case, the first unit (10) and the second unit (above 10) disclosed by Jingsong can be installed spaced apart from each other, as a matter of an obvious design choice, according to the user’s needs.
MPEP 2114 II clearly states “Apparatus claims cover what a device is, not what a device does" and “A claim containing a ‘recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus’ if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 1 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding the “for a refrigerant cabinet” limitation, the invention as taught by Hisashi is deemed fully capable of performing such function.
The recitation "…and connected with each other through fasteners" is considered to be a product by process limitation (emphasis added). MPEP 2113 clearly states "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In this instance, the product taught by Hisashi is the same as or makes the product claimed obvious, meeting this limitation of the claim.
Regarding claim 9, the combination of Jingsong and Hisashi discloses:
the second unit (Hisashi, II) being further configured with an electronic control module (Hisashi, 39, fig. 2) [Hisashi, page 5, line 11],
where when installed in the second mode, an integrated electrical cable is connected between the first unit (Hisashi, I) and the electronic control module (Hisashi, 39) of the second unit (Hisashi, II). It is old and known in the art that electronic control modules are electrically connected with components of outdoor condensing units in order to better control operation parameters of the unit.
Regarding claim 10, the combination of Jingsong and Hisashi discloses:
a refrigeration cabinet (Hisashi, 35 plus 36), wherein the refrigeration cabinet (Hisashi, 35 plus 36) comprises an outdoor unit according to claim 1 (see rejection of claim 1, above).
Regarding claim 13, Jingsong does not disclose:
in the second mode, the first unit and the second unit being respectively installed at a first position and a second position spaced apart from each other.
Hisashi teaches that, in refrigeration systems, outdoor units (figs. 2 and 4) comprising first units (I) with compressors (3) and second units (II) with condensers heat exchangers (10) and capable of being installed adjacent to each other (fig. 2) or separated from each other (fig. 4) as an obvious variation of each other [par. 0003] according to the user’s needs, are old and known in the art.
Therefore, it would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate into Jingsong the teachings of Hisashi to have, upon modification:
in the second mode, the first unit and the second unit being respectively installed at a first position and a second position spaced apart from each other (seen in fig. 4 of Hisashi), and
the first unit and the second unit being connected through a second fluid pipeline (41, 42 of Hisashi) extending between the first position (of first unit I) and the second position (of second unit II) (seen in fig. 4 of Hisashi).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jingsong and Hisashi in view of DeLoach et al. (US 12,044,419, herein “DeLoach”) and Kazuyuki (JP 2002243208A, machine translation provided in the OA of 06/01/2026).
Regarding claim 6, the combination of Jingsong and Hisashi discloses:
the V-shaped heat exchange coil (Jingsong, 22) comprising a first coil portion (Jingsong, 22) and a second coil portion (Jingsong, 22), with the first coil portion and the second coil portion being plate-like respectively and arranged in a V-shaped manner (Jingsong, figs. 1-2), and the first coil portion (Jingsong, 22) and the second coil portion (Jingsong, 22) each comprising an independent intake manifold (see annotated fig, 2, JINGSONG, below),
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the combination of Jingsong and Hisashi does not disclose:
each of the intake manifolds of the first coil portion and the second coil portion extending from the bottom to the top of the coil along one side of the first coil portion and the second coil portion respectively, and each of the intake manifolds comprising an independent inlet port, while return manifolds of the first coil portion and the second coil portion converge to a return header that is horizontally oriented and has a vertically downward return port.
However, DeLoach teaches that coil assemblies for outdoor units can be configured according to different design parameters and the user’s needs, as taught by [col. 12, lines 51-59]. Further, Kazuyuki, also directed to an outdoor unit (1) (figs. 1-7) comprising a first unit (the lower section of 1, where base body 5 is) comprising a compressor [par. 0002] and a second unit (the upper section of 1, between intermediate body 8 and top body 7) comprising a condenser (3, 4) teaches that condensers (3, 4) of outdoor refrigerating units (1) having a V-shaped configuration (figs. 1-2 and 7) where a first coil portion (3) and a second coil portion (4) each comprising an independent intake manifold (46, seen in fig. 7), where each of the intake manifolds (46) of the first coil portion (3) and the second coil portion (4) extends from the bottom to the top of the coil (3, 4) along one side of the first coil portion (3) and the second coil portion (4) respectively (seen in figs. 2 and 7), and each comprises an independent inlet port (at the top of each manifold 46, seen in figs. 2 and 7), while return manifolds of the first coil portion (3) and the second coil portion (4) converge to a return header that is vertically oriented and has a vertically downward return port (44) (seen in figs. 2 and 7), are old and known in the art.
It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate into the combination of Jingsong and Hisashi the teachings of DeLoach and Kazuyuki to have the condenser of the second unit comprising the intake and return manifolds arranged as claimed, as a matter of an obvious design choice according to the user’s needs.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jingsong and Hisashi in view of Yanik et al. (US 2010/0199714, herein “Yanik”).
Regarding claim 7, Jingsong discloses:
the bottom plate (the bottom plate that holds condensers 22) of the second unit (unit above 10) comprising a bottom plate body supporting the bottom of the V-shaped heat exchange coil (22) and a bottom plate frame outer side of the bottom plate body (see annotated fig. 1-JINGSONG, below), making the second unit (unit above 10) in the shape of a cube;
size and shape of the top of the bottom plate frame are the same as size and shape of the top of the first unit (10) (see annotated fig. 1-JINGSONG, below);
the top of the first unit (10) has a positioning feature matching the bottom plate frame of the second unit (unit above 10) (see annotated fig. 1-JINGSONG, below);
the first unit (10) and the second unit (unit above 10) as a whole, when installed in the first mode (fig. 1) are in the shape of a cube (seen in fig. 1).
The combination of Jingsong and Hisashi does not disclose:
the second unit further comprising grid plates on both sides and end plates at both ends connected between the bottom plate frame and the top of the V-shaped heat exchange coil.
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Yanik, also directed to an outdoor unit (200) (fig. 2A) comprising a first unit (the lower section of 200) comprising a compressor [par. 0006] and a second unit (the upper section of 200), comprising a V-shaped heat exchange coil (212) teaches that grid plates (218, seen in fig. 2A) arranged on both sides of the outdoor unit (200) and end plates (seen in fig. 3A) at both ends connected between a bottom plate frame and the top of the V-shaped heat exchange coil, and for the purpose of protecting the coil fins from debris and foreign objects while ensuring adequate airflow driven by the condenser fan for efficient heat transfer, are old and known in the art.
It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate into the combination of Jingsong and Hisashi the teachings of Yanik to have a grid plate on both sides and end plates at both ends of the outdoor unit in order to protect the coils from foreign objects while enduring appropriate airflow driven by the condenser fan.
Regarding claim 8, Jingsong discloses:
in the first mode (fig. 1), the first unit (10) being connected to the second unit (the unit above 10) through a plurality of bolts arranged along the bottom plate frame (see annotated fig. 1-JINGSONG, page 8).
The recitation "the grid plates are installed after assembly of the first unit and the second unit" is considered to be a product by process limitation (emphasis added). MPEP 2113 clearly states "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In this instance, the product taught by the combination of Jingsong, Hisashi and Yanik, is the same as or makes the product claimed obvious, meeting this limitation of the claim.
Allowable Subject Matter
Claims 2-4 is 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.
Response to Arguments
Applicant's arguments filed 07/31/2026 have been fully considered but they are not persuasive.
For clarity, in page 12 of the Office Action mailed 06/01/2026 it was indicated that claims 2-5 were objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all limitations of the base claim and any intervening claim. There was a typo in that sentence. Claims 2-4 were the ones objected to as being dependent upon a rejected base claim, not claim 5. In fact, claim 5 was clearly rejected on page 7 of the aforementioned Office Action.
In the remarks, Applicant argues that the allowable subject matter of claim 5 was incorporated into newly amended claims 1 and 11 and that, therefore, newly amended claims 1 and 11 should be allowed. As stated above, claim 5 was rejected on its merits on page 7 of the 06/01/2026 Office Action.
Regarding newly added claim 21, the overly broad language of the newly added claim allows a broad interpretation of the claims which reference Jingsong reads on. Please refer to the rejection above.
Conclusion
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/JENNA M MARONEY/Primary Examiner, Art Unit 3763
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