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 § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claim(s) 1-7 and 9-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Correa (US 6,343,480) in view of Sano (EP 3690329 A1, as previously disclosed).
Regarding claim 1, Correa discloses an air conditioner unit defining a vertical, a lateral, and a transverse direction, the air conditioner unit comprising:
a bulkhead (refer to vertically extending metal partition 26) mounted within a cabinet (16) to define an indoor portion (12) and an outdoor portion (14);
an indoor heat exchanger (28) positioned within the indoor portion;
an outdoor heat exchanger (32) positioned within the outdoor portion;
a base pan (refer to bottom wall 40 as in figs.9-11) positioned under the outdoor heat exchanger for collecting condensate that drips off the outdoor heat exchanger; and
a wall sleeve (refer to fig.9 below), wherein the base pan (refer to the base pan 40) is mounted within the wall sleeve to define a gap (refer to fig.9 below) therebetween to facilitate discharge of collected condensate (refer to fig. 9 below, wherein the gap creates a step which allows condensate to be collected in region 38 of the base pan).
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While Correa discloses the base pan positioned under the outdoor heat exchanger (32), Correa fails to explicitly disclose a thermal distributor element positioned within the base pan in thermal contact with the outdoor heat exchanger.
However, Sano teaches an outdoor unit of a refrigeration cycle apparatus, comprising a thermal distributor element (refer to plate-shaped portion 65 in contact with all or part of a bottom face 17e of heat exchanger 17 as in par.52) positioned within a base pan (21) in thermal contact with an outdoor heat exchanger (17), in order to provide an outdoor unit that can reliably drain water to be generated by a defrosting operation (refer to par.12).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Correa by providing a thermal distributor element positioned within the base pan in thermal contact with the outdoor heat exchanger in view of the teachings by Sano, in order to provide a unit that can reliably drain water to be generated by a defrosting operation.
Regarding claim 2, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses wherein the thermal distributor element comprises a flat plate (refer to par.52, wherein the thermal distributor element includes the plate-shaped portion 65).
Regarding claim 3, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses wherein the thermal distributor element is constructed from metal (refer to par. 58, wherein member 51 which forms the thermal distributor element portion 65, is a sheet metal product made of aluminum or aluminum alloy).
Regarding claim 4, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses wherein the thermal distributor element is constructed from metal (refer to par. 58 by Sano, wherein member 51 which forms the thermal distributor element portion 65, is a sheet metal product made of aluminum or aluminum alloy), but fails to explicitly disclose wherein the thermal distributor element is constructed from stainless steel.
However, it appears that the air conditioner unit of Correa would operate equally well with the thermal distributor element being constructed from stainless steel. Further, Applicant has not disclosed that the claimed material, e.g., stainless steel, solves any stated problem, indicating simply that “…thermal distributor element 230 is a flat plate constructed from a metal, stainless steel, or any other suitably rigid and thermally conductive material…” (see par.53 of Applicant’s Specification as filed).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the thermal distributor element of Correa to be constructed from stainless steel because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Correa.
Regarding claim 5, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses wherein the thermal distributor element forms a trough under the outdoor heat exchanger (refer to par.95, and fig.6, wherein the thermal distributor element has a drain outlet 101).
Regarding claim 6, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses the thermal distributor element in direct contact with a surface of the outdoor heat exchanger, but fails to explicitly disclose wherein the thermal distributor element is positioned within 5 millimeters of the outdoor heat exchanger.
However, it has been held that absent persuasive evidence that the particular configuration of a device is significant, then to change the position of the device would be a matter of choice of a person having ordinary skill in the art. More specifically, Applicant has not disclosed that the thermal distributor element being positioned within 5 millimeters of the outdoor heat exchanger solves any stated problem, indicating simply that “…at least a portion of thermal distributor element 230 may be positioned within 25 mm, within 10 mm, within 5 mm, within 2 mm, or closer to outdoor heat exchanger 134. According to still other embodiments, thermal distributor element 230 may be positioned in direct contact with fins 232 of outdoor heat exchanger 134. In this regard, outdoor heat exchanger 134 may be directly seated on or supported by thermal distributor element 230…” (see par.54 of Applicant’s Specification as filed).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the thermal distributor element of Correa to be positioned within 5 millimeters of the outdoor heat exchanger because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Correa.
Regarding claim 7, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses wherein the thermal distributor element is in direct contact with fins of the outdoor heat exchanger (refer to fig.4).
Regarding claim 9, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses wherein one or more drain holes (101) are defined through the thermal distributor element.
Regarding claim 10, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 9. Further, Correa as modified discloses wherein the one or more drain holes (101) are defined under the outdoor heat exchanger (through surface 65A).
Regarding claim 11, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 9. Further, Correa as modified discloses wherein the base pan (21 as taught by Sano in fig.4) defines one or more pan holes (drain outlets 43) that are aligned with the one or more drain holes of the thermal distributor element (refer to par. 101 by Sano, wherein the drain outlet 101 is disposed immediately above the drain outlets 43 of the base pan 21, and in such a case, the drain water flowing down from the drain outlet 101 is drained directly to the outside of the unit 1 without staying on the base pan 21).
Regarding claim 12, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses wherein the base pan (refer to bottom wall 40 as in figs.9-11) is formed from plastic (refer to col.1, lines 40-42).
Regarding claim 13, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses wherein the air conditioner unit is a package terminal air conditioner (refer to fig.1).
Regarding claim 14, Correa discloses a condensate management system for an air conditioner unit, the air conditioner unit comprising a bulkhead (refer to vertically extending metal partition 26) mounted within a cabinet (16) to define an indoor portion (12) and an outdoor portion (14), an indoor heat exchanger (28) positioned within the indoor portion, and an outdoor heat exchanger (32) positioned within the outdoor portion, the condensate management system comprising:
a base pan (refer to bottom wall 40 as in figs.9-11) positioned under the outdoor heat exchanger for collecting condensate that drips off the outdoor heat exchanger (refer to figs.8-11); and
a wall sleeve (refer to annotated fig.9 above), wherein the base pan (refer to the base pan 40) is mounted within the wall sleeve to define a gap (refer to annotated fig.9 above) therebetween to facilitate discharge of collected condensate (refer to annotated fig.9 above, wherein the gap creates a step which allows condensate to be collected in region 38 of the base pan).
While Correa discloses the base pan positioned under the outdoor heat exchanger, Correa fails to explicitly disclose a thermal distributor element positioned within the base pan in thermal contact with the outdoor heat exchanger.
However, Sano teaches an outdoor unit of a refrigeration cycle apparatus, comprising a thermal distributor element (refer to plate-shaped portion 65 that is in contact with all or part of a bottom face 17e of heat exchanger 17 as in par.52) positioned within a base pan (21) in thermal contact with an outdoor heat exchanger (17), in order to provide an outdoor unit that can reliably drain water to be generated by a defrosting operation (refer to par.12).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify D’Souza by providing a thermal distributor element positioned within the base pan in thermal contact with the outdoor heat exchanger in view of the teachings by Sano, in order to provide a unit that can reliably drain water to be generated by a defrosting operation.
Regarding claim 15, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Correa as modified discloses wherein the thermal distributor element comprises a flat plate (refer to par.52 by Sano, wherein the thermal distributor element includes the plate-shaped portion 65).
Regarding claim 16, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Correa as modified discloses wherein the thermal distributor element is constructed from metal (refer to par. 58 by Sano, wherein member 51 which forms the thermal distributor element portion 65, is a sheet metal product made of aluminum or aluminum alloy), but fails to explicitly disclose wherein the thermal distributor element is constructed from stainless steel.
However, it appears that the air conditioner unit of Correa would operate equally well with the thermal distributor element being constructed from stainless steel. Further, Applicant has not disclosed that the claimed material, e.g., stainless steel, solves any stated problem, indicating simply that “…thermal distributor element 230 is a flat plate constructed from a metal, stainless steel, or any other suitably rigid and thermally conductive material…” (see par.53 of Applicant’s Specification as filed).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the thermal distributor element of Correa to be constructed from stainless steel because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Correa.
Regarding claim 17, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Correa as modified discloses wherein the thermal distributor element forms a trough under the outdoor heat exchanger (refer to par.95, and fig.6 by Sano, wherein the thermal distributor element has a drain outlet 101).
Regarding claim 18, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Correa as modified discloses wherein the thermal distributor element is in direct contact with fins of the outdoor heat exchanger (refer to fig.4 by Sano).
Regarding claim 19, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Correa as modified discloses wherein one or more drain holes (101 by Sano) are defined through the thermal distributor element.
Regarding claim 20, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 19. Further, Correa as modified discloses wherein the one or more drain holes (101) are defined under the outdoor heat exchanger (through surface 65A by Sano).
Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Correa (US 6,343,480), Sano (EP 3690329 A1), and further in view of Ilchman (EP 0271704 B1, as previously disclosed).
Regarding claim 8, Correa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Correa as modified discloses the thermal distributor element engaged with the outdoor heat exchanger, but fails to explicitly disclose through a thermal paste.
However, Ilchman further teaches that it is known in the art of refrigeration, to provide a thermal paste in the areas of mutual contact surfaces of a heat exchanger, in order to improve heat transfer (refer to pg.4, par.6).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Correa by providing a thermal paste as taught by Ilchman such that the thermal distributor element engages the outdoor heat exchanger through the thermal paste, in order to improve heat transfer.
Response to Arguments
Applicant’s arguments, see pp.5-7, filed on 07/23/2026, with respect to claims 1-20 have been fully considered and are persuasive. The rejection of claims 1-20 has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly amended claims.
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 ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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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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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
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