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 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: “first blocking elements” and “second blocking elements” in claim 5.
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 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 1-14 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 10 recites the limitation "the second throttle portion" in line 2. There is insufficient antecedent basis for this limitation in the claim
Claim 11 recites the limitation "the through-opening" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner recommend applicant to amend this limitation to (and for examining purpose, examiner interprets this limitation is) “a through-opening”.
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.
Claims 1-3 and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 6142867).
Regarding claim 1, Lee teaches a device “for adjusting an air volume flow, in particular in an air distribution network” (this is an intended function),
wherein the device has an air channel (See figure 4 of Lee and annotated figure 1. Inner space inside the tubular duct and outer most layer of diffuser 2 is air channel) which can be flowed through and a throttle (3, fig 4) which is arranged in the air channel, “wherein a size of a cross section of the air channel which can be flowed through can be changed by means of the throttle” (damper 3 can adjust cross section of air channel), wherein the throttle has an adjustment means (“rotating manipulation portion 20”, fig 4) for changing the cross section which can be flowed through, wherein the device has in addition to the throttle a flow element (annotated figure 1) which is arranged in the air channel and which has a cover (the flow element as define is a cover itself), the circumference of which increases in the direction away from the throttle (see annotated figure 1), and wherein the adjustment means “can be activated with the device being mounted in a wall opening” (This is intended function. Rotating manipulation portion 20 can be activated when installed in a wall opening).
Regarding claim 2, Lee teaches the adjustment means can be activated manually (via knob 22).
Regarding claim 3, Lee teaches the flow element has a through-opening (see fig 4 and annotated figure 1. The flow element as defined inherently has an opening to allow a shaft 21 to go through) which enables access to the adjustment means.
Regarding claim 12, Lee teaches the cover runs spaced apart from an inner wall (inner surface) of a housing (The tubular duct shown in annotated figure 1 is the housing), and wherein the air channel runs in the gap between the cover and the inner wall of the housing (The air channel extends in the space between the housing and the flow element).
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Regarding claim 13, Lee teaches the flow element in the mounted state of the device is arranged indirectly or directly on the throttle (They are indirectly mounted to each other) so as to be releasable and able to be secured again (they can be taken apart or assembled).
Claims 1-3, 5-8 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurth (US 2627799).
Regarding claim 1, Kurth teaches a device “for adjusting an air volume flow, in particular in an air distribution network” (this is an intended function),
wherein the device has an air channel (space inside the system shown in fig 1) which can be flowed through and a throttle (flaring member 11 and damper B, fig 1) which is arranged in the air channel, wherein a size of a cross section of the air channel which can be flowed through can be changed by means of the throttle (see adjustment shown in solid and dash lines in fig 1), wherein the throttle has an adjustment means (entire system shown in fig 3) for changing the cross section which can be flowed through, wherein the device has in addition to the throttle a flow element (12, fig 1) which is arranged in the air channel and which has a cover (12 itself is a cover), the circumference of which increases in the direction away from the throttle (See fig 1), and wherein the adjustment means “can be activated with the device being mounted in a wall opening” (This is intended function. Adjustment element as defined can be activated when installed in a wall opening).
Regarding claim 2, Kurth teaches the adjustment means can be activated manually (knob 30 and slot 55).
Regarding claim 3, Kurth teaches the flow element has a through-opening (see fig 4 and annotated figure 1. The flow element as defined inherently has an opening to allow adjustment shafts to go through).
Regarding claim 5, Kurth teaches the throttle has at least a first throttle portion (11) having first blocking elements (slanted wall and horizontal wall of 11) and a second throttle portion (damper B) having second blocking elements (vanes 43), wherein the position of the second blocking elements can be changed relative to the first blocking elements in order to change the size of the cross section which can be flowed through (Position of vanes is adjusted by shaft 49 via tube 50 and slot 55, while position of flaring member 11 is adjusted by knob 30 and shaft 18).
Regarding claim 6, Kurth teaches the cover of the flow element in the flow direction is arranged with spacing from the first blocking elements and/or the second blocking elements (see fig 1).
Regarding claim 7, Kurth teaches the second throttle portion is supported on its circumference (see fig 1, damper B is supported on housing 40 on its circumference).
Regarding claim 8, Kurth teaches the second throttle portion is not guided and has no bearings in a central region (See fig 1, the damper is guided at the hinge at its perimeter).
Regarding claim 14, Kurth teaches the flow element has a bell-like configuration having a cross section which expands in a direction away (see fig 1. The flow element expands in downward direction) from the throttle and the cover which is curved inwards (see annotated figure 2).
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Allowable Subject Matter
Claims 4 and 9-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 KO-WEI LIN whose telephone number is (571)270-7675. The examiner can normally be reached M-F 6:30-2:30 Eastern Time.
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.
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/KO-WEI LIN/Primary Examiner, Art Unit 3762
