Prosecution Insights
Last updated: October 22, 2026
Application No. 18/912,308

COIL GUARD FOR AN HVAC SYSTEM

Non-Final OA §103
Filed
Oct 10, 2024
Priority
Oct 10, 2023 — provisional 63/543,469
Examiner
TAVAKOLDAVANI, KAMRAN
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Tyco Fire & Security GmbH
OA Round
2 (Non-Final)
82%
Grant Probability
Favorable
2-3
OA Rounds
4m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
371 granted / 455 resolved
+11.5% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
28 currently pending
Career history
499
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
49.3%
+9.3% vs TC avg
§102
22.0%
-18.0% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 455 resolved cases

Office Action

§103
DETAILED ACTION Amendments filed on 8/24/2026 has been entered. 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 Claims 13 and 19 objected because of the following informalities: claims 13, 19 have been amended, but they are indicated as “original”; they must be indicated as “currently amended”. Appropriate correction is required. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Umemura (US 2023/0392804 A1), in view of Romero (US 2022/0349645 A1). Claim 1: Umemura discloses an enclosure (FIG.1) for a heating, ventilation, and air conditioning unit, comprising: an enclosure panel (10), comprising: a panel body (11); a plurality of vent holes (holes in port 21; suction port 21 has air passages to allow air flow through) formed through the panel body (11); and Umemura discloses the claimed limitations as claimed in claim 1, but fails to disclose a plurality of holes formed through the panel body adjacent an edge of the panel body; and a flange extending from the edge of the panel body, wherein the flange comprises: a lateral portion extending crosswise from the edge of the panel body; and a guard portion extending crosswise from an end of the lateral portion, opposite the panel body, wherein the guard portion overlaps with a respective central axis of each hole of the plurality of holes, wherein the lateral portion has a first end directly connected to the edge of the panel body and a second end opposite the first end, the guard portion being directly connected to the second end of the lateral portion, and wherein the lateral portion extends substantially parallel the respective central axis of each hole of the plurality of holes. However, Romero teaches a plurality of holes (slot 372; paragraph [68]: fasteners extending through slots 372) formed through the panel body (348) adjacent an edge (top edge) of the panel body (348); and a flange (352) extending from the edge (inherent; see FIG.7) of the panel body (348), wherein the flange (352) comprises: a lateral portion (head 340 used as lateral portion) extending crosswise from the edge of the panel body (348); and a guard portion (extension 350 used as guard portion) extending crosswise from an end of the lateral portion (340), opposite the panel body (348), wherein the guard portion (350) overlaps with a respective central axis (axis is arbitrary through center of slots 372; 350 is angled and overlaps with slots 372 as shown in FIG.7) of each hole of the plurality of holes (372), wherein the lateral portion (340) has a first end (inherent) directly connected to the edge (see FIG.7) of the panel body (348) and a second end (inherent second end of 340) opposite the first end, the guard portion (350) being directly connected to the second end of the lateral portion (340), and wherein the lateral portion (340) extends substantially parallel (arbitrary axis through center of hole; see annotated FIG.7) the respective central axis of each hole of the plurality of holes (372) for the purpose of enabling securement of the support frame of the heat exchanger (paragraph [63]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Umemura to include a plurality of holes formed through the panel body adjacent an edge of the panel body; and a flange extending from the edge of the panel body, wherein the flange comprises: a lateral portion extending crosswise from the edge of the panel body; and a guard portion extending crosswise from an end of the lateral portion, opposite the panel body, wherein the guard portion overlaps with a respective central axis of each hole of the plurality of holes, wherein the lateral portion has a first end directly connected to the edge of the panel body and a second end opposite the first end, the guard portion being directly connected to the second end of the lateral portion, and wherein the lateral portion extends substantially parallel the respective central axis of each hole of the plurality of holes as taught by Romero in order to enable securement of the support frame of the heat exchanger. [AltContent: textbox (hole axis)][AltContent: arrow] PNG media_image1.png 602 791 media_image1.png Greyscale Claim 2: Umemura as modified discloses the apparatus as claimed in claim 1, wherein each hole of the plurality of holes (Romero, 372) is configured to receive a corresponding fastener of a plurality of fasteners (Romero, paragraph [63]: via fasteners; paragraph [68]: fasteners extending through slots) extending along the respective central axis of the hole (Romero, axis is arbitrary through center of slots 372). Claim 3: Umemura as modified discloses the apparatus as claimed in claim 2, comprising an additional panel (12) configured to extend crosswise to the enclosure panel (10), wherein the additional panel (12) comprises a side flange (Romero, panel 366 comprises flange 370) configured to overlap with the panel body (Romero, 312), the side flange (Romero, panel 366 comprises flange 370) comprises a plurality of additional holes (Romero, 372), each additional hole of the plurality of additional holes is configured to align with a corresponding hole of the plurality of holes (Romero, 372) along the respective central axis of the corresponding hole (Romero, axis is arbitrary through center of slots 372; 350 is angled and overlaps with slots 372 as shown in FIG.7), and the plurality of fasteners (Romero, paragraph [63]: via fasteners; paragraph [68]: fasteners extending through slots) is configured to extend through the plurality of additional holes (Romero, 372) to secure the additional panel (12) to the enclosure panel (10). Claim 4: Umemura as modified discloses the apparatus as claimed in claim 3, wherein a first diameter of each hole of the plurality of holes (Romero, 372) is less than a second diameter of each additional hole (Romero, 372) of the plurality of additional holes (It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Romero to optimize a first diameter is less than a second diameter as a matter of choice in order to enhance securement, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Note that there is no criticality claimed for the limitations - Optimum value: MPEP 2144.05 II-B). Claim 5: Umemura as modified discloses the apparatus as claimed in claim 1, wherein the guard portion (Romero, 350) and the panel body (Romero, 312) each extend in a common direction (Romero, to clarify, angled extension 350 has two axes in x-y direction, common x-axis of 350 and portion 312). Claim 6: Umemura as modified discloses the apparatus as claimed in claim 1, wherein the panel body (Romero, 312) extends along an axis, and the guard portion (Romero, 350) extends from the lateral portion at an angle relative to the axis (Romero, paragraph [62]: angled extension 350). Claim 7: Umemura as modified discloses the apparatus as claimed in claim 6, wherein the guard portion (Romero, 350) extends from the lateral portion (Romero, 340) and at least partially toward the panel body (Romero, 312). Claim 8: Umemura as modified discloses the apparatus as claimed in claim 1, wherein the panel body (Romero, 312) extends along an axis, and the guard portion (Romero, 350) comprises: a first portion (Romero, to clarify, 350 is 3D structure extended in all directions x-y-z) extending from the lateral portion (Romero, 340) along the axis; and a second portion extending from the first portion at an oblique angle (Romero, extension 350 is angled) relative to the axis. Claim 9: Umemura as modified discloses the apparatus as claimed in claim 8, wherein the second portion overlaps with the respective central axis (Romero, to clarify, since slots 372 formed on the surface therefore, other portions overlap slots 372) of each hole of the plurality of holes (Romero, 372). Claim 10: Umemura as modified discloses the apparatus as claimed in claim 1, wherein the enclosure panel (10) is a lateral side panel of the enclosure (preamble-FIG.1). Claim 11: Umemura as modified discloses the apparatus as claimed in claim 1, wherein the edge is a top edge of the panel body (11). Claim 12: Umemura as modified discloses the apparatus as claimed in claim 1, comprising a plurality of enclosure panels (multiple panels shown in FIG.1) including the enclosure panel (10), wherein the plurality of enclosure panels (multiple panels shown in FIG.1) defines an interior volume configured to receive a heat exchanger (Romero, 112), and the guard portion (Romero, 350) is configured to extend between (Romero, to clarify, slots formed on surface of frame and heat exchanger is between two sides panels) the heat exchanger (Romero, 112) and a plurality of fasteners (Romero, fasteners extending through slots) extending through the plurality of holes to block contact between the plurality of fasteners and the heat exchanger (Romero, 112). Claim 13: Umemura discloses a heating, ventilation, and air conditioning unit (FIG.1), comprising: an enclosure (10) comprising a plurality of panels (multiple panels shown in FIG.1), wherein the plurality of panels comprises a top panel (13) and a side panel (12), and the plurality of panels (multiple panels shown in FIG.1) is coupled to one another to define an interior volume of the enclosure (10); and wherein the side panel (12) comprises: a main body (suction port 21 disposed on main body of side panel 12) defining a lateral side of the enclosure (10); a plurality of air flow passages (air passages through openings of suction port 21) formed in the main body (suction port 21 disposed on main body of side panel 12) and configured to direct an air flow into the interior volume (functional language); Umemura discloses the claimed limitations as claimed in claim 13, but fails to disclose a heat exchanger coil disposed within the interior volume of the enclosure; a fastener aperture formed through the main body between the plurality of air flow passages and an edge of the main body; and a flange extending from the edge of the main body, wherein the flange comprises: a lateral portion extending from the edge and toward the interior volume; and a guard portion extending from the lateral portion, wherein the guard portion intersects with a central axis of the fastener aperture, wherein the lateral portion has a first end directly connected to the edge of the panel body and a second end opposite the first end, the guard portion being directly connected to the second end of the lateral portion, and wherein the lateral portion extends substantially parallel the respective central axis of each hole of the plurality of holes. However, Romero teaches a heat exchanger coil (112) disposed within the interior volume of the enclosure (108); a fastener aperture (paragraph [63]: via fasteners; paragraph [68]: fasteners extending through slots 372) formed through the main body (312) between the plurality of air flow passages and an edge of the main body (to clarify, slots 372 formed on surface of frame of body 122 therefore, flow passages 114 passes slots and then edge of extension 350 of the main body 122); and a flange (352) extending from the edge of the main body (312), wherein the flange (352) comprises: a lateral portion (head 340 used as lateral portion) extending from the edge and toward the interior volume; and a guard portion (extension 350 used as guard portion) extending from the lateral portion (340), wherein the guard portion (350) intersects with a central axis (axis is arbitrary through center of slots 372; 350 is angled and overlaps with slots 372 as shown in annotated FIG.7) of the fastener aperture (fasteners extending through slots 372; see FIG.7), wherein the lateral portion (340) has a first end (inherent) directly connected (see FIG.7) to the edge of the panel body (348) and a second end (inherent second end of 340) opposite the first end, the guard portion (350) being directly connected (see FIG.7) to the second end of the lateral portion (340), and wherein the lateral portion (340) extends substantially parallel (arbitrary axis through center of hole; see annotated FIG.7) the respective central axis of each hole of the plurality of holes (372) for the purpose of enabling securement of the support frame of the heat exchanger (paragraph [63]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Umemura to include a heat exchanger coil disposed within the interior volume of the enclosure; a fastener aperture formed through the main body between the plurality of air flow passages and an edge of the main body; and a flange extending from the edge of the main body, wherein the flange comprises: a lateral portion extending from the edge and toward the interior volume; and a guard portion extending from the lateral portion, wherein the guard portion intersects with a central axis of the fastener aperture, wherein the lateral portion has a first end directly connected to the edge of the panel body and a second end opposite the first end, the guard portion being directly connected to the second end of the lateral portion, and wherein the lateral portion extends substantially parallel the respective central axis of each hole of the plurality of holes as taught by Romero in order to enable securement of the support frame of the heat exchanger. Claim 14: Umemura as modified discloses the apparatus as claimed in claim 13, wherein the top panel (13) comprises a side flange (Romero, flange 370), the side flange (Romero, 370) comprises a clearance hole (Romero, slots 372) formed therein, and the enclosure (10) comprises a mechanical fastener (Romero, paragraph [68]: more fasteners extending through slots 372; to clarify, slots shows as solid dots over surfaces of frames shown in FIG.7) extending through the clearance hole and the fastener aperture to couple the side panel (12) and the top panel (13) to one another . Claim 15: Umemura as modified discloses the apparatus as claimed in claim 14, wherein a distal end of the guard portion (Romero, 350) is below the fastener (Romero, paragraph [68]: more fasteners extending through slots 372; to clarify, slots shows as solid dots over surfaces of frames shown in FIG.7), relative to a vertical axis (Romero, based on broadest reasonable interpretation, the line of action of extension 350 is below slot 372 top solid dot shown in annotated FIG.7). [AltContent: textbox ()][AltContent: textbox ()][AltContent: textbox ()][AltContent: connector][AltContent: textbox (line of action)][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (vertical axis)][AltContent: arrow][AltContent: arrow] PNG media_image2.png 547 710 media_image2.png Greyscale Claim 16: Umemura as modified discloses the apparatus as claimed in claim 15, wherein the main body (suction port 21 disposed on main body of side panel 12) and the guard portion (Romero, 350) each extend along the vertical axis (Romero, to clarify, 350 is 3D structure and it is angled extended in all directions x-y-z). Claim 17: Umemura as modified discloses the apparatus as claimed in claim 13, wherein the guard portion (Romero, 350) extends at an oblique angle relative to the lateral portion (Romero, paragraph [62]: angled extension 350). Claim 18: Umemura as modified discloses the apparatus as claimed in claim 17, wherein the guard portion (Romero, 350) extends toward the main body (suction port 21 disposed on main body of side panel 12). Claim 19: Umemura discloses an enclosure panel of an enclosure for a heating, ventilation, and air conditioning unit (FIG.1), comprising: a panel body (11) comprising an outer edge, wherein the panel body extends along a first axis; a plurality of vent passages (holes in port 21; suction port 21 has air passages to allow air flow through) formed through the panel body (11); Umemura discloses the claimed limitations as claimed in claim 19, but fails to disclose a plurality of fastener apertures formed through the panel body, wherein each fastener aperture of the plurality of fastener apertures is configured to receive a corresponding mechanical fastener; and a flange extending from the outer edge, wherein the flange comprises: a lateral portion extending from the outer edge along a second axis, wherein the second axis is crosswise to the first axis; and a guard portion extending from an end of the lateral portion, wherein the guard portion extends at least partially along the first axis, and the guard portion overlaps with a respective central axis of each fastener aperture of the plurality of fastener apertures, wherein the lateral portion has a first end directly connected to the edge of the panel body and a second end opposite the first end, the guard portion being directly connected to the second end of the lateral portion, and wherein the lateral portion extends substantially parallel the respective central axis of each hole of the plurality of holes. However, Romero teaches a plurality of fastener apertures (paragraph [63]: via fasteners; paragraph [68]: fasteners extending through slots 372) formed through the panel body (312) between the plurality of vent passages and the outer edge, wherein each fastener aperture of the plurality of fastener apertures is configured to receive a corresponding mechanical fastener (paragraph [68]: more fasteners extending through slots 372; to clarify, slots shows as solid dots over surfaces of frames shown in annotated FIG.7); and a flange (352) extending from the outer edge, wherein the flange comprises: a lateral portion (head 340 used as lateral portion) extending from the outer edge along a second axis, wherein the second axis is crosswise to the first axis; and a guard portion (extension 350 used as guard portion) extending from an end of the lateral portion (head 340 used as lateral portion), wherein the guard portion extends at least partially along the first axis, and the guard portion (extension 350 used as guard portion) overlaps with a respective central axis of each fastener aperture of the plurality of fastener apertures (fasteners extending through slots 372; see FIG.7), wherein the lateral portion (340) has a first end (inherent) directly connected (see FIG.7) to the edge of the panel body (348) and a second end (inherent second end of 340) opposite the first end, the guard portion (350) being directly connected (see FIG.7) to the second end of the lateral portion (340), and wherein the lateral portion (340) extends substantially parallel (arbitrary axis through center of hole; see annotated FIG.7) the respective central axis of each hole of the plurality of holes (372) for the purpose of enabling securement of the support frame of the heat exchanger (paragraph [63]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Umemura to include a plurality of fastener apertures formed through the panel body, wherein each fastener aperture of the plurality of fastener apertures is configured to receive a corresponding mechanical fastener; and a flange extending from the outer edge, wherein the flange comprises: a lateral portion extending from the outer edge along a second axis, wherein the second axis is crosswise to the first axis; and a guard portion extending from an end of the lateral portion, wherein the guard portion extends at least partially along the first axis, and the guard portion overlaps with a respective central axis of each fastener aperture of the plurality of fastener apertures, wherein the lateral portion has a first end directly connected to the edge of the panel body and a second end opposite the first end, the guard portion being directly connected to the second end of the lateral portion, and wherein the lateral portion extends substantially parallel the respective central axis of each hole of the plurality of holes as taught by Romero in order to enable securement of the support frame of the heat exchanger. Claim 20: Umemura as modified discloses the apparatus as claimed in claim 19, wherein the guard portion (Romero, 350) extends at least partially along the second axis (Romero, to clarify, 350 is 3D structure and it is angled extended in all directions x-y-z) toward the panel body (11). Response to Arguments Applicant's arguments filed on 8/24/2026, with respect to all the claims under Claim Rejections - 35 USC § 103 have been fully considered and they are moot. Applicant’s arguments to amendments are addressed in this office action. Therefore, a new ground(s) of rejections have been made in response to the amendments. Examiner response to applicant’s argument on page 9 first paragraph: as indicated in the office action above, Romero teaches slots, or apertures 372 as also shown in FIG.7. Applicant’s argument on page 9 third paragraph: “Nothing in Romero teaches or suggests the claimed serial flange configuration in which a lateral portion extends from the panel body to a distal end and a guard portion extends from that distal end. Nor does Romero teach the recited orientation of the lateral portion relative to the central axis of the fastener aperture”. Examiner response: due to the new amendments, the panel body is now interpreted as 348. What it is claimed “a lateral portion (340) extending from the outer edge along a second axis (arbitrary; 340 extends from outer edge see FIG.7), a guard portion (350) extending from an end of the lateral portion (340)”. 350 extended from an end which is interpreted as bottom edge of 340. Examiner response to the argument regarding the fastener intrusion toward a heat exchanger on page 9: the bolded phrase is not claimed. However, what is claimed in claim 2 is fasteners extend along the respective central axis of the hole. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 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, Len Tran can be reached on (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763 /PAUL ALVARE/Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Oct 10, 2024
Application Filed
May 27, 2026
Non-Final Rejection mailed — §103
Aug 24, 2026
Response Filed
Sep 29, 2026
Final Rejection mailed — §103
Oct 14, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
82%
Grant Probability
88%
With Interview (+6.8%)
2y 5m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
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