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 § 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 1-2, 4, 6-12 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, which recites in lines 10-11 the following: “and an inclined portion inclined upward with respect to the upper surface of the compressor by a predetermined angle at one end of the fixing portion”. However, upon diligently search of entire disclosure as originally filed, no express disclosure is found to enable and sufficiently describe “predetermined angle”. In other words, no particular or specific angle(s) or angular ranges are defined in entire disclosure to describe what “predetermined angle” is to be for an inclined portion inclined upward with respect to the upper surface of the compressor. Meanwhile, as a reminder, referring to MPEP 2125, which recites in part: “When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.” Similarly, turning attention to the figures of instant disclosure, including Fig 10, there were no mention that the figures and drawings are to scale, and thus any implied angle in the figures are not accurate. Thus, it remains unclear or uncertain as to what specific angle is a predetermined angle. Furthermore, as further guidance on the issue, referring to online dictionary definition for the word “predetermined” according to https://www.merriam-webster.com/dictionary/ which states the following: “to determine beforehand” Thus, the “predetermine angle” is a particular angle that requires to be determined beforehand. As a result, essential elements, features and limitations are missing in the claim to describe and enable “an inclined portion inclined upward with respect to the upper surface of the compressor by a predetermined angle at one end of the fixing portion”.
Furthermore, claim 1 in line 7 recites “a hanging hole configured to receive a hoist hooked thereto”. However, it remains unclear as to whether or not the claimed subject matter scope for an outdoor unit of an air conditioner of claim 1 would include “a hoist” as a claimed element, or as an essential external/outside workpiece, or as an optional external workpiece.
As a result, claim 1 fails to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. Correction is required to overcome rejection.
Regarding claims 2-5, by virtue of dependency upon a rejected base claim 1, dependent claims 2-5 thereby 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 6, which recites in lines 7-8 the following: “an inclined portion inclined upward with respect to the upper surface of the compressor by a predetermined angle”. However, upon diligently search of entire disclosure as originally filed, no structural feature or limitation is found to enable and sufficiently describe “predetermined angle”. In other words, no particular or specific angle(s) or angular ranges are defined in entire disclosure to describe and enable “predetermined angle”. Meanwhile, as a reminder, for the sake of compact prosecution, referring to MPEP 2125, which recites in part: “When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.” Similarly, for the figures of instant disclosure, including Fig 10, there were no mention that the figures and drawings are to scale, and thus any implied angle in the figures are not accurate. Thus, it remains unclear or uncertain as to what is the angle that is a predetermined angle. Furthermore, as further guidance on the issue, referring to “predetermined” according to https://www.merriam-webster.com/dictionary/ which states the following:
“to determine beforehand” Thus, the “predetermine angle” is a particular angle that requires to be determined beforehand. As a result, essential elements, features and limitations are missing in the claim to describe and enable “an inclined portion inclined upward with respect to the upper surface of the compressor by a predetermined angle”.
Furthermore, claim 6 in lines 8-10 recites “a hanging hole configured to receive a hoist hooked thereto …… to receive a temperature sensor”. However, it remains unclear whether or not the claimed scope for an outdoor unit of an air conditioner of claim 6 would include “a hoist” and/or “temperature sensor”, respectively, as essential elements thereof, or rather merely as external workpiece(s). As a result, claim 6 fails to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. Correction is required to overcome rejection.
Regarding claims 7-12, by virtue of dependency upon a rejected base claim 6, dependent claims 7-12 thereby 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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Chen (CN105156302A, hereinafter referred to as “Chen”) in view of Xu ShenPing (CN211598962U, hereinafter referred to as “XU”).
Regarding claim 1, Chen discloses an outdoor unit of an air conditioner (abstract lines 1-2, paragraph [0001]), comprising: a compressor (Fig 2, compressor (2)) having a power terminal (Fig 2, see annotated figure A below) and a discharge port (Fig 2, outlet pipe 5) that protrude from an upper surface of the compressor (Fig 2, 4 and 5 protrude from compressor 2); and a fixing bracket (Figs 1 and 2, 10) coupled at a point on the upper surface of the compressor (Fig 2, 10 at upper surface of 2) that is spaced apart from the power terminal and the discharge port (Fig 2, 10 spaced apart from power terminal annotated in figure A below and 5), wherein the fixing bracket (10) includes: a hanging hole (Fig 1, square hole in middle of 211, 212), a sensor holder configured to receive a temperature sensor mounted thereto (Fig 2, temperature sensor 3 is received in holder 31/32 of 30), and a fixing portion fixed to the upper surface of the compressor (Fig 2, part of 10 labelled is fixed to upper surface of compressor 2); and an inclined portion inclined upward with respect to the upper surface of the compressor by a predetermined angle at one end of the fixing portion (Fig 1, a riser 21 is inclined with respect to upper surface of compressor by 90 degree angle at end of portion of substrate 10); wherein the sensor holder (Fig 1, 30) comprises a portion of the fixing portion which is convexly rounded in an arch shape (Fig 1, 31 of 30 is arch shaped), and wherein the hanging hole is formed in the inclined portion (Fig 1, hole (211, 212) is formed in inclined portion (21)).
Annotated Figure A taken from Chen
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However, Chen fails to sufficiently disclose wherein the fixing bracket includes: a hanging hole configured to receive a hoist hooked thereto.
However, XU teaches wherein the fixing bracket (Fig 1, 300) includes: a hanging hole (Figs 1-3, hoisting hole 205) configured to receive a hoist hooked thereto (english translation copy, page 3, paragraph 2 and last paragraph, a hoisting hole is formed in the extension part ……. has the effect of hoisting the hoisting ring of the compressor).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Chen by XU based on the following rationale: referring to Chen in English translation copy in page 3 in paragraphs 5- 8 of Chen, the holes in risers 211, 212 on the fixing bracket of Chen are reserved for acting as bayonet socket for attaching to the substrate 10 for securement on the compressor top cover 1. On the other hand, referring to teaching from XU, the hoisting hole 205 formed on the fixing bracket (300) are specially reserved for hoisting function, thus eliminating the need for an extra component in the form of conventional lifting ring for hoist as discussed in english translation copy of XU in page 3, paragraph 3. As a result, above advantages of XU over Chen serves as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to further combine and modify Chen by XU and there would have been reasonable expectation of success because both prior art of Chen and XU belongs to same analogous art, in the technical field of air conditioner compressor system having a fixing bracket to mount temperature sensor.
Regarding claim 2, Chen discloses wherein the fixing bracket (Fig 1, 10) further comprises a metal bracket having a predetermined width and length (Fig 1, fixing bracket 10 has a shown width and length, note: due to operating condition of conventional AC compressor, it is well known brackets are made from metal for the sake of durability), and wherein the fixing bracket is bent and rounded multiple times (Fig 1, 10 is bent and rounded at multiple parts).
Regarding claim 4, Chen discloses wherein the sensor holder further comprises a sensor hole configured to receive the temperature sensor inserted therein formed at a lower side of the sensor holder (Fig 2, temperature sensor 3 inserted below sensor hole 31).
Regarding claim 6, Chen discloses an outdoor unit of an air conditioner (abstract lines 1-2, paragraph [0001]), comprising: a compressor (Fig 2, compressor (2)) having a power terminal (Fig 2, fixing column 4 or cover for compressor 2) and a discharge port that protrude from an upper surface of the compressor (Fig 2, terminal 4 and outlet pipe 5 protrude from compressor 2, Fig 2); and a fixing bracket (Figs 1 and 2, 10) coupled to the upper surface of the compressor a predetermined distance apart from the power terminal and the discharge port (Fig 2, substrate 10 at upper surface of 2 spaced apart from power terminal in annotated figure A above and 5), wherein the fixing bracket comprises at least one linear portion configured to be coupled to the upper surface of the compressor (Fig 2, part of substrate 10 labelled in Fig 1 is fixed to upper surface of compressor 2), an inclined portion (Fig 1, riser 21) inclined upward with respect to the upper surface of the compressor by a predetermined angle and provided with a hanging hole (Fig 1, square hole in middle of 211, 212, for hanging to substrate 10) ….., and a rounded portion configured to receive a temperature sensor mounted thereto (Fig 1, mounting recess 31 is rounded in shaped, for temperature sensor 3 to be mounted shown in Fig 2).
However, Chen fails to sufficiently disclose wherein the fixing bracket ….provided with a hanging hole configured to receive a hoist hooked thereto.
However, XU teaches wherein the fixing bracket (Fig 1, 300) …. provided with a hanging hole (Figs 1-3, hoisting hole 205) configured to receive a hoist hooked thereto (english translation copy, page 3, paragraph 2 and last paragraph, a hoisting hole is formed in the extension part ……. has the effect of hoisting the hoisting ring of the compressor).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Chen by XU based on the following rationale: referring to Chen in English translation copy in page 3 in paragraphs 5- 8, the holes in risers 211, 212 on the fixing bracket are reserved for acting as bayonet socket for attaching to the substrate 10 for securement on the compressor top cover 1. On the other hand, referring to teaching from XU, the hoisting hole 205 formed on the fixing bracket (300) are specially reserved for hoisting function, thus eliminating the need for an extra component in the form of conventional lifting ring for hoist as discussed in english translation copy of XU in page 3, paragraph 3. As a result, above advantages of XU over Chen serves as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to combine and modify Chen by XU and there would have been reasonable expectation of success because both prior art of Chen and XU belongs to same analogous art, in the technical field of air conditioner compressor system having a fixing bracket to mount temperature sensor.
Regarding claim 7, Chen discloses wherein the fixing bracket further comprises a metal bracket having a predetermined width and length (Fig 1, fixing bracket 10 has a shown width and length, note: due to operating condition of conventional AC compressor, it is well known and to be considered background knowledge that compressor mounted brackets are generally made from metal for the sake of durability).
Regarding claim 8, Chen discloses wherein the at least one linear portion comprises first and second linear portions (Fig 1, linear portions can be portions labelled as 10 and 32), and wherein the rounded portion is formed between the first and second linear portions (Fig 1, 31 is rounded between 10 and 32).
Regarding claim 9, Chen discloses wherein the rounded portion is convexly rounded in an arch shape (Fig 1, 31 is arch shaped).
Regarding claim 10, Chen discloses wherein the rounded portion forms a sensor hole configured to receive the temperature sensor inserted therein (Fig 2, temperature sensor 3 is inserted below a sensor hole 31 with rounded curvature).
Regarding claim 11, Chen discloses wherein the inclined portion is spaced apart from the rounded portion by the at least one linear portion (Fig 1, inclined portion (41) is space apart from (31) by the linear portion (10)).
Regarding claim 12, Chen discloses wherein the rounded portion and the upper surface of the compressor form a cavity configured to receive the temperature sensor mounted therein (Fig 2, cavity formed between compressor 2 and 31 to receive temp sensor 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jang (US 20080008227A1) discloses a temperature sensor fixing apparatus for air conditioner. Komatsu (US 20220373214A1) discloses a temperature sensor fixing and holding device with a fixed plate for compressor. Nakano (WO 2021214827A1) discloses a sensor holder for temperature sensor for compressor.
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 DING Y TAN whose telephone number is (303)297-4271. The examiner can normally be reached on Monday-Friday, 8:00 am MT--5:00 pm MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DING Y TAN/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632