DETAILED ACTION
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1, 2, 15-18, and 20 of U.S. Patent No. 12,078,386, hereinafter ‘386. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same or identical invention with the same limitations as shown in the table below.
Claims of the Instant application
Claims of ‘386
1. An air conditioner, comprising:
a case having an inlet, and an outlet provided below the inlet;
a blower fan configured to blow air inside of the case from the inlet to the outlet;
a lower guide that guides air, which is blown by the blower fan toward to a lower side of the blower fan, to the outlet;
an upper guide spaced apart from the lower guide to form a discharge passage with the lower guide;
at least one sterilization device that is disposed on one side of the lower guide and irradiates ultraviolet light toward the blower fan, wherein the at least one sterilization device comprises:
a sterilization lamp; and
a lamp cover on which the sterilizing lamp is fixed and which is mounted on the lower guide, and wherein the lamp cover includes a top wall that protrudes upward from an upper wall disposed on an upper side of the sterilizing lamp.
1. An air conditioner, comprising:
a case having an inlet, and an outlet provided below the inlet;
a heat exchanger configured to heat exchange external air introduced into the case through the inlet;
a blower fan disposed below the heat exchanger and configured to be rotated by a rotational shaft that extends in a lateral direction so as to send air inside the case from the inlet to the outlet;
a lower guide that guides air, which is blown by the blower fan toward to a lower side of the blower fan, to the outlet;
an upper guide spaced apart from the lower guide to form a discharge passage with the lower guide; and
at least one sterilization device disposed at one side of the lower guide and having a sterilization lamp configured to emit ultraviolet light toward the blower fan, wherein a lower end of the sterilization lamp is disposed lower than an upper surface of the lower guide.
2. The air conditioner of claim 1, wherein the at least one sterilization device comprises: the sterilization lamp; a printed circuit board configured to control operation of the sterilization lamp; and a lamp cover configured to cover the sterilization lamp and the printed circuit board which are fixedly disposed and mounted in a groove of the lower guide, wherein the lamp cover includes a portion that protrudes from the lower guide in the form of an inclined surface that extends from an upstream side to a downstream side of the discharge passage in an air flow direction.
7. The air conditioner of claim 1, further comprising a wind direction guide mounted to the lower guide and controls a wind direction of air flowing through the discharge passage, and wherein the at least one sterilization device comprises a plurality of sterilization devices spaced apart from each other in a lateral direction of the wind direction guide.
15. The air conditioner of claim 1, further comprising a wind direction guide mounted to the lower guide and controlling a wind direction of air flowing through the discharge passage, and wherein the at least one sterilization device comprises a plurality of sterilization devices spaced apart from each other in a lateral direction in the wind direction guide.
8. The air conditioner of claim 1, further comprising a steel net having a plurality of grilles spaced apart from each other in a direction perpendicular to the discharge passage, wherein the steel net is disposed at a downstream side in the air flow direction of an inner vane disposed in the discharge passage.
18. The air conditioner of claim 1, further comprising a steel net having a plurality of grilles spaced apart from each other in a direction perpendicular to the discharge passage, wherein the steel net is disposed at a downstream side in the air flow direction of the inner vane in the discharge passage.
9. The air conditioner of claim 8, further comprising a wind direction guide that is mounted to the lower guide and controls a wind direction of air flowing through the discharge passage,
wherein the wind direction guide comprises a fixed body mounted in a groove formed in the lower guide.
15. The air conditioner of claim 1, further comprising a wind direction guide mounted to the lower guide and controlling a wind direction of air flowing through the discharge passage, and wherein the at least one sterilization device comprises a plurality of sterilization devices spaced apart from each other in a lateral direction in the wind direction guide.
16. The air conditioner of claim 15, wherein the wind direction guide comprises: a plurality of inner vanes disposed perpendicular to the lower guide in the discharge passage and movably disposed in the lateral direction; a fixed body mounted to the lower guide to fix an upstream end of each of the plurality of inner vanes; a moving body connected with a downstream end of each of the plurality of inner vanes and controlling a location of each of the plurality of inner vanes; a motor configured to move the moving body in the lateral direction; and a link that connects the motor and the moving body, wherein the plurality of sterilization devices is mounted to the fixed body.
17. The air conditioner of claim 16, wherein the fixed body is mounted in a groove formed in the lower guide.
10. An air conditioner, comprising:
a case having an inlet, and an outlet provided below the inlet;
a blower fan configured to blow air inside of the case from the inlet to the outlet;
a lower guide that guides air, which is blown by the blower fan toward to a lower side of the blower fan, to the outlet;
an upper guide spaced apart from the lower guide to form a discharge passage with the lower guide;
a plurality of sterilization devices that is disposed on the lower guide and irradiates ultraviolet light toward the blower fan, wherein each of the plurality of sterilization devices comprises:
a sterilization lamp; and
a lamp cover on which the sterilizing lamp is fixed and which is mounted on the lower guide, and wherein the lamp cover includes a top wall that protrudes upward from an upper wall disposed on an upper side of the sterilizing lamp.
20. An air conditioner, comprising:
a case having an inlet, and an outlet provided below the inlet;
a heat exchanger configured to heat exchange external air introduced into the case through the inlet;
a blower fan disposed below the heat exchanger and configured to create an air flow inside the case from the inlet to the outlet;
a discharge guide that guides air, which is blown by the blower fan toward to a lower side of the blower fan, to the outlet; and
a plurality of sterilization devices spaced apart from each other in a lateral direction and disposed, respectively, in a plurality of grooves formed in the discharge guide, each having a sterilization lamp configured to emit ultraviolet light toward the blower fan and a lamp cover having an opening through which the ultraviolet light is directed toward the blower fan.
2. The air conditioner of claim 1, wherein the at least one sterilization device comprises: the sterilization lamp; a printed circuit board configured to control operation of the sterilization lamp; and a lamp cover configured to cover the sterilization lamp and the printed circuit board which are fixedly disposed and mounted in a groove of the lower guide, wherein the lamp cover includes a portion that protrudes from the lower guide in the form of an inclined surface that extends from an upstream side to a downstream side of the discharge passage in an air flow direction.
15. The air conditioner of claim 10, further comprising a steel net having a plurality of grilles spaced apart from each other in a direction perpendicular to the discharge passage, wherein the steel net is disposed at a downstream side in the air flow direction of an inner vane disposed in the discharge passage.
18. The air conditioner of claim 1, further comprising a steel net having a plurality of grilles spaced apart from each other in a direction perpendicular to the discharge passage, wherein the steel net is disposed at a downstream side in the air flow direction of the inner vane in the discharge passage.
16. The air conditioner of claim 15, further comprising a wind direction guide that is mounted to the lower guide and controls a wind direction of air flowing through the discharge passage,
wherein the wind direction guide comprises a fixed body mounted in a groove formed in the lower guide.
15. The air conditioner of claim 1, further comprising a wind direction guide mounted to the lower guide and controlling a wind direction of air flowing through the discharge passage, and wherein the at least one sterilization device comprises a plurality of sterilization devices spaced apart from each other in a lateral direction in the wind direction guide.
16. The air conditioner of claim 15, wherein the wind direction guide comprises: a plurality of inner vanes disposed perpendicular to the lower guide in the discharge passage and movably disposed in the lateral direction; a fixed body mounted to the lower guide to fix an upstream end of each of the plurality of inner vanes; a moving body connected with a downstream end of each of the plurality of inner vanes and controlling a location of each of the plurality of inner vanes; a motor configured to move the moving body in the lateral direction; and a link that connects the motor and the moving body, wherein the plurality of sterilization devices is mounted to the fixed body.
17. The air conditioner of claim 16, wherein the fixed body is mounted in a groove formed in the lower guide.
As shown in the mapping above, claims 1, 2, 15-18, and 20 of ’386 includes all the limitations of claims 1, 7-10, 15 and 16 of the instant application while also reciting further limitations.
Regarding claim 17, the claim is commensurate in scope with claim 1 except the limitation “a glass that is disposed above the sterilizing lamp and covers an open area of the lamp cover, wherein the glass is spaced a predetermined distance apart from the sterilizing lamp”. However, ‘386 does disclose a glass 51’ that is disposed above the sterilization lamp 52’ and covers an open area of the lamp cover, where the glass 51’ is spaced at a predetermined distance apart from the sterilization lamp 52’ (see Fig. 11 and col. 8, lines 42-47).
From this teaching, it would have been obvious to the ordinary artisan before the effective filing date to modify the claimed invention of ‘386 with a glass at a predetermined distance apart from the sterilizing lamp for the purpose of preventing contamination from reaching the sterilization lamp.
The various dependent claims are merely obvious variants.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANWAY CHANG whose telephone number is (571)270-5766. The examiner can normally be reached Monday - Friday 7:30 AM - 4:00 PM EST.
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, Georgia Epps can be reached at (571) 272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Hanway Chang
/HC/Examiner, Art Unit 2878
/GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878
Prosecution Insights