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 Objections
Claim 32 is objected to because of the following informalities:
In line 8, “a connection member spaced apart…” should read –a second connection member spaced apart…--.
Appropriate correction is required.
Claim Interpretation - 35 USC § 112
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: outdoor unit component, indoor unit component, intermediate component, first connection member, second connection member, outer connection assembly, inner connection assembly, connection part, connection member, mounting member, first positioning structure, second positioning structure, first mounting member, and second mounting member.
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.
For the record, the aforementioned limitations have been interpreted to correspond to the respective part, in parenthesis below, described in the disclosure:
outdoor unit component (30), indoor unit component (10), intermediate component (20), first connection member (211), second connection member (212), outer connection assembly (22), inner connection assembly (21), connection part (1211), connection member (211, 212), mounting member (2111, 2115), first positioning structure (2113), second positioning structure (1212), first mounting member (2111), and second mounting member (2112).
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 § 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 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wiese (US 2011/0040412).
Regarding claim 16, Wiese discloses:
a window air conditioner (10) (figs. 1-14) comprising:
an outdoor unit component (see annotated fig. 6-WIESE, page 4);
an indoor unit component (12 plus 20 plus 40 plus 50 plus 54) including a housing assembly (12 plus 20) (fig. 1) [par. 0047] and an air duct assembly (40 plus 50 plus 54) (figs. 3 and 6) [par. 0050] arranged in and fixedly connected to the housing assembly (12 plus 20) (best seen in fig. 6); and
an intermediate component (28) configured to be connected to the indoor unit component (12 plus 20 plus 40 plus 50 plus 54) and the outdoor unit component, the intermediate component (28) being fixedly connected to the housing assembly (12 plus 20) (at 20) (best seen in fig. 7) and the air duct assembly (40 plus 50 plus 54) (at 40) (see annotated fig. 6-WIESE, below).
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Regarding claim 17, Wiese discloses:
the intermediate component (28) being fixedly connected to the housing assembly (12 plus 20) and the air duct assembly (40 plus 50 plus 54) by a fastener penetrating the intermediate component (28), the fastener being concealed in the intermediate component (28) (seen in annotated fig. 6-WIESE, above).
Claims 16 and 18-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2025/0207788, herein “Kim”).
Regarding claim 16, Kim discloses:
a window air conditioner (1) (figs. 1-7) comprising:
an outdoor unit component (3) (figs. 1-7);
an indoor unit component (2) including a housing assembly (24) and an air duct assembly (best seen in figs. 4-7) [par. 0047] arranged in and fixedly connected to the housing assembly (24) (figs. 1-7); and
an intermediate component (100 plus 115 plus 242 plus 352) configured to be connected to the indoor unit component (2) and to the outdoor unit component (3) (best seen in figs. 4-7) [par. 0102],
the intermediate component (100 plus 115 plus 242 plus 352) being fixedly connected to the housing assembly (24) and the air duct assembly (best seen in figs. 4-7) (since the air duct assembly is contained in the housing assembly 24) (best seen in fig. 5) [par. 0102].
Regarding claim 18, Kim discloses:
the intermediate component (100 plus 115 plus 242 plus 352) including a first connection member (115 plus 242 plus 352) and a second connection member (113) (fig. 5) [par. 0093], the first connection member (115 plus 242 plus 352) being arranged above the second connection member (113) [par. 0093], lateral edges at two sides of the first connection member (115 plus 242 plus 352) are fixedly connected to lateral edges at two sides of the second connection member (113) [par. 0094], respectively, and an inner edge of the first connection member (115 plus 242 plus 352) and an inner edge of the second connection member (113) are fixedly connected to the indoor unit component (2) [par. 0094] (as it applies to figs. 4-5 and 7).
Regarding claim 19, Kim discloses:
two lateral ends of the inner edge of the first connection member (115 plus 242 plus 352) being fixedly connected to the indoor unit component (2) (best seen in figs 4-7).
Regarding claim 20, Kim discloses:
two lateral ends of the inner edge of the second connection member (113) being fixedly connected to the indoor unit component (2) (best seen in figs. 5-7) [par. 0094].
Regarding claim 21, Kim discloses:
two lateral ends of the inner edge of the first connection member (115 plus 242 plus 352) and two lateral ends of the inner edge of the second connection member (113) being fixedly connected to the indoor unit component (2) (best seen in figs. 4-7).
Claims 16, 18 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gray et al. (US 2023/0280048, herein “Gray”).
Regarding claim 16, Gray discloses:
a window air conditioner (100) (figs. 1-7) comprising:
an outdoor unit component (300) (figs. 1-4);
an indoor unit component (200) including a housing assembly (220) and an air duct assembly [par. 0027] arranged in and fixedly connected to the housing assembly (220) (figs. 1-4); and
an intermediate component (400) configured to be connected to the indoor unit component (200) and to the outdoor unit component (300) (figs. 1-4) [par. 0029],
the intermediate component (400) being fixedly connected to the housing assembly (220) and the air duct assembly (since the air duct assembly is contained in the housing assembly 220) (seen in figs. 1-4) [par. 0029].
Regarding claim 18, Gray discloses:
the intermediate component (400) including a first connection member (411 plus 414) and a second connection member (412 plus 415) (figs. 4-7) [par. 0029], the first connection member (411 plus 414) being arranged above the second connection member (412 plus 415) (figs. 4-7) [par. 0029], lateral edges at two sides of the first connection member (411 plus 414) are fixedly connected to lateral edges at two sides of the second connection member (412 plus 415) (figs. 4-7), respectively, and an inner edge of the first connection member (411 plus 414) and an inner edge of the second connection member (412 plus 415) are fixedly connected to the indoor unit component (200) [par. 0029].
Regarding claim 22, Gray discloses:
the intermediate component (400) being located at an upper part between the indoor unit component (200) and the outdoor unit component (300), the intermediate component (400) including:
an outer connection assembly (417) rotationally connected to the outdoor unit component (300) (best seen in fig. 7) [par. 0029]; and an inner connection assembly (410 plus 413) in telescopic cooperation with the outer connection assembly (417) in an inside-to-outside direction [par. 0029], the inner connection assembly (410 plus 413) being fixedly connected to the indoor unit component (200) and including the first connection member (411 plus 414) and the second connection member (412 plus 415) (figs. 4-7).
Claims 16 and 30-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (US 2021/0164669).
Regarding claim 16, Huang discloses:
a window air conditioner (figs. 1-4) comprising:
an outdoor unit component (2 plus 5 plus 51) (figs. 1-4);
an indoor unit component (4 plus 41 plus 42 plus 43 plus 31) including a housing assembly (4 plus 41 plus 42 plus 31) and an air duct assembly (43) (figs. 1-4) [par. 0083] arranged in and fixedly connected to the housing assembly (4 plus 41 plus 42 plus 43) (figs. 1-4); and
an intermediate component (32) configured to be connected (at 31) to the indoor unit component (4 plus 41 plus 42 plus 43 plus 31) [par. 0077] and to the outdoor unit component (2 plus 5 plus 51) (see annotated fig. 3-HUANG, below),
the intermediate component (32) being fixedly connected (at 31) to the housing assembly (4 plus 41 plus 42 plus 31) [par. 0077] and the air duct assembly (43) (at 40) (see annotated fig. 3-HUANG, below).
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Regarding claim 30, Huang discloses:
the intermediate component (32) being connected to an upper end (at 31) of an outer side of the indoor unit component (4 plus 41 plus 42 plus 43 plus 31) (through screw holes 311 and 321) (figs. 2-4) [par. 0077];
the housing assembly (4 plus 41 plus 42 plus 43) includes a back plate (31), the back plate (31) including an upward flange (of 311) at an upper end of the back plate (31) (figs 2 and 4); and
the intermediate component (32) including a connection member (32), the connection member (32) including a mounting member (321) at an inner end of the connection member (32), and
the mounting member (32) being supported at the upward flange (of 311) and fixedly connected to the upward flange (of 311) by a fastener penetrating vertically the mounting member (32) [par. 0077].
Regarding claim 31, Huang discloses:
the mounting member (321) includes a first positioning structure (hole 321); and
the upward flange (of 311) including a second positioning structure (hole 311) cooperating with the first positioning structure (hole 321) for positioning (figs. 1-4) [par. 0077].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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 rejected under 35 U.S.C. 103 as being unpatentable over Kim.
Regarding claim 32, Kim discloses:
the intermediate component (100 plus 115 plus 242 plus 352) being connected to an upper end of an outer side of the indoor unit component (2) (best seen in figs 4-5);
the housing assembly (24) including a back plate (502), the back plate (502) including an upward flange (510) at an upper end of the back plate (502) (seen in fig. 5); and
the intermediate component (100 plus 115 plus 242 plus 352) includes:
a first connection member (115 plus 242 plus 352) fixedly connected to the air duct assembly (best seen in figs. 4-7) (since the air duct assembly is contained in the housing assembly 24) (best seen in fig. 5) [par. 0102]; and
a second connection member (113) (fig. 5) spaced apart from and below the first connection member (115 plus 242 plus 352) [par. 0093-0094], the second connection member (113) including a mounting member (bent portion of 113, per par. 0094) at an inner end of the second connection member (113), and the mounting member (bent portion of 113, per par. 0094) being supported at the upward flange (510) and fixedly connected to the upward flange (510) by a fastener (equivalent to H2 of outdoor housing 35, depicted in fig. 5) penetrating horizontally the mounting member (bent portion of 113, per par. 0094) (fig. 5).
Kim does not disclose the fastener (equivalent to H2 of fig. 5) penetrating vertically the mounting member (bent portion of 113, per par. 0094), but horizontally. However, it has been held that re-arranging the position of a component without modifying the operation of the device is an obvious matter of design choice. See MPEP 2144.04 VI (C).
Allowable Subject Matter
Claims 23-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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
/JENNA M MARONEY/Primary Examiner, Art Unit 3763
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