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 .
Election/Restrictions
This action is in response to applicant’s amendment received on 03/03/2026. Applicant’s election with traverse of Species D, is acknowledged.
The traversal is on the grounds that “the Examiner has not met his burden of providing (i) reasons why the alleged species are independent and distinct and (ii) reasons why there would be a serious burden on the Examiner if restriction were not required.” This is not persuasive. The Examiner clearly identified in page 2 of the Election/Restriction Requirement mailed 12/31/2025 the structural differences between the listed species. Further, the Examiner is required to utilize different search queries; and the art applicable to one species will not necessarily be applicable to the other species.
The traversal is also on the grounds that “features of alleged species C and D are not mutually exclusive, and therefore not properly deemed to be different species.” This is found persuasive. Therefore, elected species D and non-elected species C are hereby considered the same species, as seen in figures 8-10B and 12-17 of the instant specification.
Applicant identified claims 1, 6-7, 10-11, 16-17 and newly added claims 20-26 as reading on the elected species. However, claim 19 also reads on the elected species. Further, claims 6 and 16 call for the heat exchanger comprising a main body comprising one or more vertically oriented walls extending outwards from one or more corners of the main body, which corresponds to non-elected species B, figure 5. Claims 7 and 17 depend from claims 6 and 16, respectively. Therefore, claims 6-7, 16-17 are withdrawn from consideration.
Claims 1, 10-11 and 19-26 are examined on their merits in this Office Action.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
an indoor portion configured to receive indoor air,
an outdoor portion configured to receive outdoor air,
a first fan configured to draw the indoor air from the indoor portion and through the heat exchanger to…, and the
a second fan configured to draw the outdoor air from the outdoor portion and through the heat exchanger to…,
of claims 1 and 20, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Similarly, the
a first portion configured to receive indoor air from an indoor portion of the single package air conditioner via a first fan and…, and
a second portion configured to receive outdoor air from an outdoor portion of the single package air conditioner unit via a second fan and…,
of claim 11, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 10-11 and 19-26 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, in line 2, it is unclear how the indoor portion (804) can be configured to receive indoor air (809). Similarly, in line 3, it is unclear how the outdoor portion (802) can be configured to receive outdoor air (808). Per figures 9-10B of the instant specification, indoor air (809) flows through exchanger (800) to the outdoor portion (802), and outdoor air (808) flows through exchanger (800) to the indoor portion (804). See also the drawings objection, above.
In lines 6-7, it is unclear how the first fan (806) can be configured to draw indoor air (809) from the indoor portion (804) to the outdoor portion (802). Similarly, in lines 8-9, it is unclear how the second fan (807) can be configured to draw outdoor air (808) from the outdoor portion (802) to the indoor portion (804).
For the purpose of this examination and following figures 9-10B of the PGPub, the claim has been interpreted to mean, in lines 2-3 and 6-9, respectively:
--an indoor portion configured to receive outdoor air,--,
--an outdoor air configured to receive indoor air,--, and
--a second fan configured to draw the indoor air through the heat exchanger to the outdoor portion; and
a first fan configured to draw the outdoor air through the heat exchanger to the indoor portion, wherein energy is…--.
Regarding claim 10, as it applies to the interpretation of claim 1, above, the claim has been interpreted to mean:
--wherein the heat exchanger comprises a second portion configured to receive the indoor air and a first portion that is parallel with the second portion and configured to receive outdoor air.--.
Regarding claim 11, as it applies to the interpretation of claim 1, above, the claim has been interpreted to mean, in lines 2-7:
--a second portion configured to receive indoor air via a second fan and provide the indoor air to an outdoor portion of the single-package air conditioner unit; and
a first portion configured to receive outdoor air via a first fan and provide the outdoor air to the indoor portion of the single-package air conditioner unit,--.
Regarding claim 20, as it applies to the interpretation of claim 1, above, the claim has been interpreted to mean, in lines 2-3 and 6-9, respectively:
--an indoor portion configured to receive outdoor air,--,
--an outdoor air configured to receive indoor air,--, and
--a second fan configured to draw the indoor air through the heat exchanger to the outdoor portion; and
a first fan configured to draw the outdoor air through the heat exchanger to the indoor portion, wherein energy is…--.
Regarding claim 23, as it applies to the interpretation of claim 1, above, the claim has been interpreted to mean, in lines 1-3:
--wherein the second fan draws the indoor air through the heat exchanger in a first direction and the first fan draws the outdoor air through the heat exchanger in a second direction opposite to the first direction, wherein…--.
Regarding claims 19, 21-22 and 24-26, the claims are rejected by virtue of their dependency on claims 11 and 20.
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.
Claims 1, 10-11 and 19-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ramanujam et al. (US 2020/0232719, herein “Ramanujam”).
Regarding claim 1, Ramanujam discloses:
a single-package air conditioner unit (12) (figs. 2 and 5) [par. 0011] comprising:
an indoor portion configured to receive outdoor air (138) [par. 0059] (see annotated fig. 5-RAMA, below);
an outdoor portion configured to receive indoor air (148) [par. 0060] (see annotated fig. 5-RAMA, below);
an air-to-air heat exchanger (100/122) [par. 0057] disposed between the indoor portion and the outdoor portion (see annotated fig. 5-RAMA, below) (it is noted, heat exchanger 100/122 may be part of package unit 12, par. 0055);
a second fan [par. 0060] configured to draw the indoor air (148) through the heat exchanger (100/122) to the outdoor portion (see annotated fig. 5-RAMA, below); and
a first fan [par. 0059] configured to draw the outdoor air (138) through the heat exchanger (100/122) to the indoor portion (see annotated fig. 5-RAMA, below),
wherein energy is exchanged between the indoor air (148) and the outdoor air (138) within the heat exchanger (100/122) [par. 0057].
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Regarding claim 10, Ramanujam discloses:
the heat exchanger (100/122) comprising a second portion (130) configured to receive the indoor air (148) and a first portion (128) that is parallel with the second portion (130) and configured to receive outdoor air (138) (see annotated fig. 5-RAMA, page 6);
Regarding claim 11, Ramanujam discloses:
a heat exchanger (100/122) [par. 0057] for a single-package air conditioner unit (12) (figs. 2 and 5) [par. 0011] comprising:
a second portion (130) configured to receive indoor air (148) via a second fan [par. 0060] and provide the indoor air (148) to an outdoor portion of the single-package air conditioner unit (12) (see annotated fig. 5-RAMA, page 6); and
a first portion (128) configured to receive outdoor air (138) via a first fan [par. 0059] and provide the outdoor air (138) to the indoor portion of the single-package air conditioner unit (12) (see annotated fig. 5-RAMA, page 6)
wherein the heat exchanger (100/122) is disposed between the indoor portion and the outdoor portion of the single-package air conditioner unit (12), and wherein energy is exchanged between the indoor air and the outdoor air within the heat exchanger (100/122) [par. 0057].
Regarding claim 19, Ramanujam discloses:
the first portion being parallel with the second portion (see annotated fig. 5-RAMA, page 6).
Regarding claim 20, Ramanujam discloses:
an air conditioner unit (12) (figs. 2 and 5) [par. 0011] comprising:
an indoor portion configured to receive outdoor air (138) [par. 0059] (see annotated fig. 5-RAMA, page 6);
an outdoor portion configured to receive indoor air (148) [par. 0060] (see annotated fig. 5-RAMA, page 6);
an air-to-air heat exchanger (100/122) [par. 0057] disposed between the indoor portion and the outdoor portion (see annotated fig. 5-RAMA, page 6) (it is noted, heat exchanger 100/122 may be part of package unit 12, par. 0055);
a second fan [par. 0060] configured to draw the indoor air (148) through the heat exchanger (100/122) to the outdoor portion (see annotated fig. 5-RAMA, page 6); and
a first fan [par. 0059] configured to draw the outdoor air (138) through the heat exchanger (100/122) to the indoor portion (see annotated fig. 5-RAMA, page 6),
wherein energy is exchanged between the indoor air (148) and the outdoor air (138) within the heat exchanger (100/122) [par. 0057].
Regarding claim 21, Ramanujam discloses:
the indoor portion and the outdoor portion being arranged in a horizontal configuration (see annotated fig. 5-RAMA, page 6).
Regarding claim 22, Ramanujam discloses:
the air conditioner unit (12) including a void (the space where exchanger 100/122 is arranged) between the indoor portion and the outdoor portion, and wherein the heat exchanger (100/122) is disposed within the void (see annotated fig. 5-RAMA, page 6).
Regarding claim 23, Ramanujam discloses:
the second fan [par. 0060] draws the indoor air (148) through the heat exchanger (100/122) in a first direction and the first fan [par. 0059] draws the outdoor air (138) through the heat exchanger (100/122) in a second direction opposite to the first direction, wherein the indoor air (148) and the outdoor air (138) flow in parallel through the heat exchanger (100/122) (see annotated fig. 5-RAMA, page 6).
Regarding claim 24, Ramanujam discloses:
the air conditioner unit (12) being a self-contained unit (package unit).
The recitation “configured to be installed through a wall” 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 air conditioner unit taught by Ramanujam can be configured to be installed through a wall.
Regarding claim 25, Ramanujan discloses:
the first fan [par. 0059] and the second fan [par. 0060] being each oriented to draw airflow laterally across the heat exchanger (100/122) (see annotated fig. 5-RAMA, page 6).
Regarding claim 26, Ramanujan discloses:
the first fan draws outdoor air (138) through the heat exchanger (100/122) as supply air (144) [par. 0059] into the indoor portion, and the second fan draws indoor air (148) through the heat exchanger (100/122) as exhaust air (154) [par. 0060] into the outdoor portion (see annotated fig. 5-RAMA, page 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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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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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/LEN TRAN/ Supervisory Patent Examiner, Art Unit 3763
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