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.
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: horizontal loading and unloading unit (i.e. unit [generic placeholder] for horizontal loading and unloading [functional language]) in claims 1 and 4-8; line folding guide (i.e. guide [generic placeholder] for line folding [functional language]) in claims 1-6; sealing member (i.e. member [generic placeholder] for sealing [functional language]) 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. In the case of horizontal loading and unloading unit, the corresponding structure(s) are found in at least paragraph [44]. In the case of line folding guide, the corresponding structure(s) are found at least in paragraph [18]. In the case of sealing member, the corresponding structures(s) are found at least in paragraph [53].
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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. Examiner notes that due to the numerous issues that not all issues may be called out individually. Applicant’s assistance in correcting the claims is appreciated, and Applicant is encouraged to schedule an interview prior to responding to this action to ensure that all matters of clarity are addressed.
Claims 1-8 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.
Claim 1 recites the limitation “vertically mounted on the loading space […] and horizontally moving”. These appear to be mutually exclusive. Is the bulkhead plate perhaps mounted on the loading/unloading unit? Claim 1 also recites the limitation “moving along the bulkhead plate”. It appears instead that the indoor unit moves with the bulkhead plate. Claim 1 also recites the limitations “following a movement of the indoor unit” and “a process of following the movement of the indoor unit”. Are these the same or different? It is believed that they are the same. Claims 2-8 are rejected insofar as they are dependent on claim 1 and therefore include the same error(s).
Claims 2-3 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.
The term “closely” in claim 2 is a relative term which renders the claim indefinite. The term “closely” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It cannot be determined what closely is in the context of first/second stage. Claim 3 recites a plurality of chain belts, which claim 2 refers to mutually separated chains. Similarly, it appears that claim 3 repeats many of the limitations of claim 2. Clarification is requested.
Claim 4 is 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.
The term “gradually” in claim 4 is a relative term which renders the claim indefinite. The term “gradually” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. To expedite prosecution, gradually has been considered to correspond to the movement speed of the loading/unloading unit and bulkhead adjustment.
Claim 5 is 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.
The term “closely” in claim 5 is a relative term which renders the claim indefinite. The term “closely” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. To expedite prosecution, closely has been considered to correspond to a relationship that allows motion while limiting air leakage.
Claims 7-8 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.
Claim 7 refers to “two folding frames” and then refers to “both side ends of the folding frame”. Claim 8 also refers to the “the folding frame”. This cannot be understood. Which of the two folding frames is “the folding frame”?. Clarification is requested.
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 (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 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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (KR 20230001845: cited with English Translation) in view of Grand et al. (US 6,606,875) and Cabell et al. (US 4,459,821).
Regarding claim 1, Yoo discloses a variable refrigeration tower comprising:
a cargo horizontal loading and unloading unit installed on a floor of a loading box of a cargo vehicle and horizontally moving in a loading space inside the loading box to automatically load and unload a cargo (see at least moving floor #20 on floor of main body #10 of cargo vehicle);
a bulkhead plate vertically mounted on the loading space to form a bulkhead and horizontally moving inside the loading space in conjunction with the cargo horizontal loading and unloading unit (see at least movable wall body #30).
Yoo does not disclose
an outdoor unit installed outside the loading space;
an indoor unit disposed in the bulkhead plate, moving along the bulkhead plate and discharging cold air into a first space partitioned by the bulkhead plate in the loading space to form a cold circulation region;
a cold circulation line connecting the outdoor unit and the indoor unit and following a movement of the indoor unit; and
a line folding guide disposed to be folded at a constant angle along the bulkhead plate in the loading space and fixing the cold circulation line to prevent the cold circulation line from sagging during a process of following the movement of the indoor unit.
Grand et al. teaches another variable refrigeration tower comprising:
an outdoor unit installed outside the loading space (see at least outdoor unit #32);
an indoor unit disposed adjacent a bulkhead plate, moving along the bulkhead plate and discharging cold air into a first space partitioned by the bulkhead plate in the loading space to form a cold circulation region (see at least indoor unit #35 adjacent bulkhead plate #39 and moving therewith);
a cold circulation line connecting the outdoor unit and the indoor unit and following a movement of the indoor unit (see at least line #71/#74 with connectors #77); and
a line folding guide disposed to be folded at a constant angle along the bulkhead plate in the loading space and fixing the cold circulation line to prevent the cold circulation line from sagging during a process of following the movement of the indoor unit (see at least column 3, line 60 through column 4, line 24).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the device of Yoo with an outdoor unit installed outside the loading space; an indoor unit disposed adjacent a bulkhead plate, moving along the bulkhead plate and discharging cold air into a first space partitioned by the bulkhead plate in the loading space to form a cold circulation region; a cold circulation line connecting the outdoor unit and the indoor unit and following a movement of the indoor unit; and a line folding guide disposed to be folded at a constant angle along the bulkhead plate in the loading space and fixing the cold circulation line to prevent the cold circulation line from sagging during a process of following the movement of the indoor unit, as taught by Grand et al., to improve the device of Yoo by allowing for compartment(s) and their volume(s) to be individually adjusted/controlled (see at least Grand et al. Abstract).
Yoo in view of Grand et al. does not disclose the indoor unit disposed in the bulkhead plate.
However, it was old and well-known in the art to provide an indoor unit disposed in a bulkhead, as evidenced by Cabell et al. (see Figure 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the device of Yoo in view of Grand et al. with the indoor unit disposed in the bulkhead plate, since, as evidenced by Cabell et al., such provision was old and well-known in the art and would provide the predictable benefit of providing more efficient cooling through having the indoor unit closer to the cargo and by reducing the space requirements of the bulkhead/heat exchanger combination through integration.
Regarding claims 2 and 3, Yoo as modified is silent regarding wherein the cargo horizontal loading and unloading unit includes a base plate, a drive chain belt configured to include mutually separated chains, at least a portion of which is always exposed to an upper part on the base plate, a passive cover joined to both ends of the drive chain belt in a planar configuration, at least portion of which is exposed to a lower part, surrounding the base plate together with the drive chain belt, and configured to have a length of 80% to 120% of a length of the drive chain belt, a drive shaft joined to a gear of the drive chain belt at a first stage of the base plate, and transmitting a driving force in a first direction to an upper part of the drive chain belt during a loading process, or transmitting the driving force in a second direction to a lower part of the drive chain belt during an unloading process, a passive shaft closely joined to the passive cover at a second stage of the base plate and passively operated by a movement of the passive cover, and a driver providing the driving force in the first direction or in the second direction to the drive shaft; and wherein the drive chain belt is configured to include a plurality of chain belts each connected to the gear, is operated while at least a portion is always exposed to the upper part of the base plate during a process of providing the driving force in the first direction or in the second direction, and fixes the bulkhead plate to an upper exposed portion connected to the passive cover.
There is no evidence of record that establishes that providing wherein the cargo horizontal loading and unloading unit includes a base plate, a drive chain belt configured to include mutually separated chains, at least a portion of which is always exposed to an upper part on the base plate, a passive cover joined to both ends of the drive chain belt in a planar configuration, at least portion of which is exposed to a lower part, surrounding the base plate together with the drive chain belt, and configured to have a length of 80% to 120% of a length of the drive chain belt, a drive shaft joined to a gear of the drive chain belt at a first stage of the base plate, and transmitting a driving force in a first direction to an upper part of the drive chain belt during a loading process, or transmitting the driving force in a second direction to a lower part of the drive chain belt during an unloading process, a passive shaft closely joined to the passive cover at a second stage of the base plate and passively operated by a movement of the passive cover, and a driver providing the driving force in the first direction or in the second direction to the drive shaft; and wherein the drive chain belt is configured to include a plurality of chain belts each connected to the gear, is operated while at least a portion is always exposed to the upper part of the base plate during a process of providing the driving force in the first direction or in the second direction, and fixes the bulkhead plate to an upper exposed portion connected to the passive cover would result in a difference in function of the modified Yoo device. Further, a person having ordinary skill in the art, being faced with modifying the device of modified Yoo would have reasonable expectation of success in making such a modification and it appears that the system would function as intended being given the claimed conveyer design. Lastly, Applicant has not disclosed that the claimed conveyer design solves any stated problem, indicating that the features claimed “may” be present and providing a simpler alternative (see paragraph [44]) and therefore there appears to be no criticality placed on the conveyor design as claimed such that it produces an unexpected result.
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the device of modified Yoo with wherein the cargo horizontal loading and unloading unit includes a base plate, a drive chain belt configured to include mutually separated chains, at least a portion of which is always exposed to an upper part on the base plate, a passive cover joined to both ends of the drive chain belt in a planar configuration, at least portion of which is exposed to a lower part, surrounding the base plate together with the drive chain belt, and configured to have a length of 80% to 120% of a length of the drive chain belt, a drive shaft joined to a gear of the drive chain belt at a first stage of the base plate, and transmitting a driving force in a first direction to an upper part of the drive chain belt during a loading process, or transmitting the driving force in a second direction to a lower part of the drive chain belt during an unloading process, a passive shaft closely joined to the passive cover at a second stage of the base plate and passively operated by a movement of the passive cover, and a driver providing the driving force in the first direction or in the second direction to the drive shaft; and wherein the drive chain belt is configured to include a plurality of chain belts each connected to the gear, is operated while at least a portion is always exposed to the upper part of the base plate during a process of providing the driving force in the first direction or in the second direction, and fixes the bulkhead plate to an upper exposed portion connected to the passive cover as an obvious matter of design choice within the skill of the art
Regarding claim 4, Yoo as modified further discloses wherein the bulkhead plate divides the loading space into a first space where the cargo is loaded and unloaded and a second space where the cargo is not loaded and unloaded, gradually moves to a front surface of the loading space in accordance with loading of the cargo so that the first space is gradually widened, and gradually moves to a rear surface of the loading space in accordance with unloading of the cargo so that the first space is gradually narrowed (see at least Yoo Figure 4, where bulkhead #30 moves with the loading/unloading unit as claimed; see also Grand et al. Figure 2, where bulkhead #39 and heat exchanger #35 also moves as claimed).
Regarding claim 5, Yoo as modified further discloses further comprising: a sealing member joined along an edge of the bulkhead plate and closely adhering to an inner wall surface and a ceiling surface of the loading space to prevent a leakage of the cold air (see at least Grand et al. column 2, lines 40-45).
Regarding claim 6, Yoo as modified further discloses wherein the cold circulation line is formed to be at least longer than a length of the loading space, and is formed in a hose form having a flexible material (see at least Grand et al. column 3, line 43 through column 4, line 24: see Figures 1, 2, and 8: in order to connect heat exchanger #35 with outdoor unit #32, the lines must be longer than the loading space).
Regarding claim 7, Yoo as modified further discloses wherein the line folding guide includes two folding frames connected by a hinge bracket so that the two folding frames are mutually pivotable, and both side ends of the folding frame each are joined to the loading surface of the outdoor unit side and the bulkhead plate to be pivotable through the hinge bracket (see at least Grand et al. column 3, line 60 through column 4, line 24).
Regarding claim 8, Yoo as modified further discloses wherein the line folding guide fixes the cold circulation line to an outside of the folding frame, or accommodates the cold circulation line inside the folding frame to prevent sagging of the cold circulation line, and guides the cold circulation line to follow the indoor unit (see at least Grand et al. column 3, line 60 through column 4, line 24).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAVIA SULLENS whose telephone number is (571)272-3749. The examiner can normally be reached M-R 6:30-4:30 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAVIA SULLENS/Primary Examiner, Art Unit 3763
