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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Claim Objections
Claim(s) 12-15 is/are objected to because of the following informalities:
Claims 12 and 14 recite “provided at an first end portion of the first service valve” and should recite - - provided at a first end portion of the first service valve - - .
Claims 13 and 15 recite “provided at an first end portion of the second service valve” and should recite - - provided at a first end portion of the second service valve - - .
Appropriate correction is required.
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.
Claim(s) 18 is/are 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 pre-AIA the applicant regards as the invention.
Claim 18 recites “wherein the first plate and the second plate are shaped to guide assembly together”. It is unclear what “assembly” is being referred to because there is a lack of antecedent basis for an “assembly”. For purposes of examination “wherein the first plate and the second plate are shaped to guide assembly together” will be considered - - wherein the first plate and the second plate are shaped to assemble together - - .
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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) 1-9, 11-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (JP62-14238) in view of Shioyama et al. (US 20090260391).
Per claim 1, Kobayashi teaches an outdoor unit of an air conditioner, comprising
a housing (3);
a first service valve (15);
a second service valve (16); and
a bracket (6,22) configured to be fastened at a lower portion of a surface of the housing (see figure 1 and 2) and comprising:
a first plate (see annotated figure below) comprising a right side portion (see annotated figure below) configured to receive the first service valve (15); and
a second plate (see annotated figure below) comprising a left side portion (see annotated figure below) configured to receive the second service valve (16),
wherein the first plate (see annotated figure below) and the second plate (see annotated figure below) are configured to at least partially overlap each other when fastened together (see figure 1); and
wherein, when the first service valve (15) and the second service valve (16) are received by respective ones of the right side portion (see annotated figure below) and the left side portion (see annotated figure below) and the first plate (see annotated figure below) and the second plate (see annotated figure below) are fastened together (see figure 1) but fails to explicitly teach the first service valve and the second service valve are positioned opposite one another relative to a longitudinal axis of the bracket.
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However, Shioyama teaches an air conditioner outdoor unit including a first service valve (18) and a second service valve (19) a positioned opposite one another relative to a longitudinal axis of a bracket (27) (see annotated figure below) for improved workability of the outdoor unit (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a first service valve and a second service valve a positioned opposite one another relative to a longitudinal axis of a bracket, as taught by Shioyama in the invention of Kobayashi, in order to advantageously improve the workability of the outdoor unit of the air conditioner (para. 0014).
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Per claim 2, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein the first plate and the second plate are configured to be fastened together (see figure 1 and 2) but fails to explicitly teach the right side portion is positioned higher than the left side portion relative to the longitudinal axis of the bracket in use.
However, per MPEP 2143, section I, paragraph A, “The rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art”. Having the right side portion higher than the left side portion relative to the longitudinal axis of the bracket in use would not change the respective functions of the right and left side portions as both portions would still function to secure the service valves and having the right portion higher than the left portion would provide easier access from above to the right portion during installation, routine maintenance, and repair. Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the right side portion higher than the left side portion relative to the longitudinal axis of the bracket in use in order to advantageously easier access from above to the right side portion during installation, routine maintenance, and repair.
Per claim 3, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein the first service valve is mounted on the upper plate (see figures 1 and 2) and the second service valve is mounted on the lower plate (see figures 1 and 2) (to clarify, both valves are considered to be mounted on both the upper and lower plates because both the upper and lower plate have mounting points to secure the valves) but fails to explicitly teach the first and second service valves are spaced apart along a short axis of the bracket.
However, Shioyama teaches an air conditioner outdoor unit wherein a first service valve (18) and a second service valve (19) are spaced apart along a short axis of a bracket (27) for improved workability of the outdoor unit (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have a first service valve and a second service valve spaced apart along a short axis of a bracket, as taught by Shioyama in the invention of Kobayashi, as modified, in order to advantageously improve the workability of the outdoor unit of the air conditioner (para. 0014).
Per claim 4, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein the right side portion (see annotated figure above) comprises an upper fitting gap (space in 22 for 15) positioned in a first side end portion (rights side end portion) positioned in a first side end portion of the first plate that is configured to be proximal the second plate when the first plate and the second plate are fastened together (see figures 1 and 2), and the upper fitting gap being configured to receive the first service valve (15) (see figures 1 and 2 showing the first service valve 15 in the upper fitting gap), wherein the left side portion (see annotated figure above) comprises a lower gap fitting (see annotated figure below) positioned in a first side end portion of the second plate (see annotated figure below) that is configure to be proximal to the first plate when the first plate and the second plate are fastened together (see figures 1 and 2), the lower fitting gap being configured to receive the second service valve (16) (see figure 1 and 2 showing the second service valve 16 in the lower gap fitting), wherein the bracket (6) is configured such that the first side end portion of the second plate overlap a lower side of the firsts side end portion of the first plate when the first plat and the second plate are fastened tighter (see figure 1 and 2 showing an overlap of the first and second plate, thus the first side end portion of the second plate and the first side end portion of the first plate overlap since the first plate covers the second plate)
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Per claim 5, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein the bracket is configured to be triple-fastened by a first fastening hole (29) provided in the right side portion of the first plate (right portion of 22), a second fastening hole (18 in 16) provided in the second service valve (16), and a third fastening hole (13) provided in the left side portion of the second plate (left portion of 6), and
wherein another second fastening hole (19 in 16) provided in the second service valve (16) is aligned to a fastening hole (14) provided near an end of a fitting portion provided in the second plate (portion of 6 near 14) and fastened by a fastening component (“screw holes”, pg. 10 of translation).
Per claim 6, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches the first service valve (15), and the second service valve (16), wherein a first fitting portion (see annotated figure below) is provided where a lower end portion of the first service valve (15) is configured to be fitted in a left direction inward from an end of the right side portion of the first plate (see annotated figure below), and wherein a second fitting portion (see annotated figure below) is provided where a lower end portion of the second service valve is configured to be fitted in a right direction inward from an end of the left side portion of the second plate (see annotated figure below) but fails to explicitly teach wherein the first service valve includes a low-pressure service valve and the second service valve includes a high-pressure service valve.
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However, the Examiner takes OFFICIAL NOTICE that it is old and well known to have service valves be low pressure service valves and high pressure service valves in outdoor units of air conditioning system for providing refrigerant to and from an indoor unit of the air conditioning system. Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first service valve as a low pressure valve and the second service valve as a high pressure valve in order to advantageously provide refrigerant to and from an indoor unit of an air conditioning system.
In the Office Action dated 12/3/2025, the Examiner took Official Notice that it is old and well known to have service valves be low pressure service valves and high pressure service valves in outdoor units of air conditioning system. Applicant has failed to traverse the(se) statement(s). As such, and in accordance with MPEP §2144.03, the statements are now considered admitted prior art.
Per claim 7, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 6. Further, Kobayashi, as modified, teaches wherein when the first plate (22) and the second plate (6) are fastened together, the first fitting portion (see annotated figure above) is positioned on the first plate to be blocked by the left side portion (left side of 6) of the second plate (see annotated figure directly above) (to clarify, from a back side the left side portion of the second plate blocks the first fitting portion on the first plate).
Per claim 8, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 6. Further, Kobayashi, as modified, teaches wherein when the first plate (22) and the second plate (6) are fastened together, the second fitting portion (see annotated figure above) is positioned on the second plate (6) to be blocked by the right side portion (right side of 22) of the first plate (22).
Per claim 9, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 6. Further, Kobayashi, as modified, teaches wherein fastening holes (18, 19) provided in the first service valve are configured to be aligned with fastening holes (13, 14) provided near an end of the first fitting portion and fastened by a fastener (“screws”, pg. 10 of translation), and the low pressure service valve (see rejection of claim 6).
When the low pressure service valve is combined with the fastening holes provided in the first service valve, the result is wherein fastening holes provided in the low-pressure service valve are aligned by fastening holes provided near an end of the first fitting portion and fastened by a fastener, as claimed.
Per claim 11, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein a fastening hole (30) provided in the right side portion of the first plate (22) is configured to be aligned with a fastening hole (14) provided in the left side portion of the second plate (6), at a lower end, and configured to be fastened by a fastener (“screws”, pg. 10 of translation).
Per claim 12, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein a fastener (“screws”, pg. 10 of translation) configured to fasten pipes (20) is provided at a first end portion of the first service valve (15), and the fastener is configured to face in a right direction where the second plate is to be fastened (the fastener is a three dimensional object and thus faces in all directions including where the lower plate is to be fastened).
Per claim 13, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein a fastener (“screws”, pg. 10 of translation) configured to fasten pipes (21) is provided at a first end portion of the second service valve (16), and the fastener is configured to face in a left direction where the first plate is to be fastened (the fastener is a three dimensional object and thus faces in all directions including where the upper plate is to be fastened).
Per claim 14, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein a fastener (“screws”, pg. 10 of translation) configured to fasten pipes (20) is provided at a first end portion of the first service valve (15), and the fastener is configured to face in a left direction opposite to a direction in which the second plate is fastened (the fastener is a three dimensional object and thus faces in all directions including where the upper plate is to be fastened).
Per claim 15, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1 Further, Kobayashi, as modified, teaches wherein a fastener (“screws”, pg. 10 of translation) configured to fasten pipes (21) is provided at an upper end portion of the second service (16) valve, and the fastener is configured to face in a right direction opposite to a direction in which the first plate is fastened (the fastener is a three dimensional object and thus faces in all directions including opposite to a direction in which the upper plate is fastened).
Per claim 17, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein the first plate (22) is provided with a first protrusion (26) so that a substantially central portion protrudes from at least part of a surrounding portion (24) of the first plate, wherein the second plate (6) includes a second protrusion (9) so that a part of a left side end portion is aligned with and fixed to the first plate at the first protrusion when the first plate and the second plate are fastened together (see figure 1 and 2).
Per claim 18, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein the first plate (22) and the second plate (6) are shaped to assemble together when the first plate (22) and the second plate (6) are fastened together (see figure 1 and 2).
Per claim 19, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, taches wherein the 22 plate (22) includes a fixing recess (30) at a right edge (right side of 22), the fixing recess (30) being configured to receive a fasting member (“screws”, pg. 10 of translation) to fasten the second service valve (16) mounted on the second plate (6).
Per claim 20, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches wherein the second plate (6) includes a fixing recited (14) at a left edge (left side of 6), the fixing recess configured to receive a fastening member (“screws”, pg. 10 of translation) to fasten the first service valve (15) is mounted on the first plate (6).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (JP62-14238) in view of Jang et al. (US 8,763,415).
Per claim 16, Kobayashi, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Kobayashi, as modified, teaches the first and second plate and the housing but fails to explicitly teach wherein a fastening rib is provided at a lower end portion of at least one of the first plate or the second plate and configured to be fitted into a lower end portion of the housing.
However, Jang teaches a support plate for air conditioning valves including a fasting rib (510) provided at a lower end of the plate (500) and configured to be fitted into a lower end portion of a housing (110) for preventing interference between service valves (col. 1, lines 48-49). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a fasting rib at a lower end of a plate and configured to fitted into a lower end portion of a housing, as taught by Jang in the invention of Kobayashi, as modified, in order to advantageously prevent interference between service valve (col. 1, lines 48-49).
Allowable Subject Matter
Claim 10 is allowed.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the arguments do not apply to the new combination of references being used in the current rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J TEITELBAUM whose telephone number is (571)270-5142. The examiner can normally be reached on Monday-Friday 8:00 am-4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571) 272-66816681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J TEITELBAUM/Primary Examiner, Art Unit 3763
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