Prosecution Insights
Last updated: October 02, 2026
Application No. 18/961,911

AIR CONDITIONER AND METHOD FOR OPERATING AIR CONDITIONER

Non-Final OA §103§112
Filed
Nov 27, 2024
Priority
Nov 29, 2023 — RE 10-2023-0169996
Examiner
WORKU, KIDEST
Art Unit
Tech Center
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1031 granted / 1215 resolved
+24.9% vs TC avg
Minimal +3% lift
Without
With
+2.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 4m
Avg Prosecution
32 currently pending
Career history
1232
Total Applications
across all art units

Statute-Specific Performance

§101
15.3%
-24.7% vs TC avg
§103
36.7%
-3.3% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
16.8%
-23.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1215 resolved cases

Office Action

§103 §112
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 . 1. Claims 1-20 are presented for examination. Claim Objections 2. Claims 1-20 are objected to because of the following informalities: Claims 4, 5 and 15, the second paragraph is a duplicated of the first paragraph; Appropriate correction is required. Claim 7 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 20. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claims 7 and 20 depended on claim 1. In claims 1-20, repeatedly use the alternative phrase "and/or" and “or”” which make the claims unclear. Appropriate correction is required. Claim Rejections - 35 USC § 112 3. 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. Claims 1-20 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 phrase of the independent claims 1, 12 and 18, “based on the indoor temperature changing by first and second reference temperature to start and stop the power-saving operation”, without explaining of how the temperature change and what the “change” is refereeing or how the change is measure/compare, for example, decreasing or increasing of the temperature change and unclear what the “reference temperature” representing so that to activate/deactivate the power-saving mode. In addition, it is unclear how the “power-saving operation” mode is activated or deactivated, for example by reducing/increasing the speed of the fan. For this reason, the claims are unclear, vague, ambiguous, the claims are indefinite that a person skilled in the art cannot determine the "metes and bounds" of the claimed invention. Clarification is requested. Claims 1, 12 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: “compare the first temperature change ΔT1 to the first reference temperature and if the first temperature change ΔT1 is equal to or greater than the first reference temperature …”, and/or “compare the second temperature change ΔT2 to the first reference temperature and if the second temperature change ΔT2 is equal to or greater than the first reference temperature …”, see Par. [0190] and [0192] of the Patent Application Publication US 20250172308 A1. Such omission is critical limitations temperature to determine the operation state of the “power-saving operation”, without knowing to the relationship (comparing the first and second indoor temperature with the first and second refence temperature) the claim is unclear and vague; therefore, such limitation are essential and critical steps. As per claims 2-11, 13-16 and 19-20, these claims are at least rejected for their dependencies, directly or indirectly, on the rejected claims 1, 12 and 18, thus those claims are rejected as set forth above. 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. 4. 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. 4.1 Claim(s) 1-3, 6, 12-14, 16 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Besore (US 20110153090 A1) in view of Son (US 20230175202A). Regarding claims 1, 12 and 18, Son discloses an air conditioner (Fig. 1, air conditioning 1 includes at least one outdoor unit 100 and at least one indoor unit 150), comprising: an indoor unit (an indoor unit 150) disposed in an indoor space ([0051], the indoor units 150 may be stand type indoor units, and some of the indoor units 150 may be wall-mounted type indoor units), an indoor temperature sensor configured to detect an indoor temperature of the indoor space (Abstract, [0007], [0009], [0016], an indoor temperature detection unit to obtain a room temperature); and a controller configured to monitor the indoor temperature using the indoor temperature sensor [0069] The integrated controller 200 may obtain temperature from the room temperature detector provided in the indoor unit), wherein the controller is configured to operate the air conditioner in a normal mode or a power-saving mode (Abstract, an input unit to receive a target temperature and a power saving command including a power saving rate); wherein the normal operation is an operation using preset parameters ([0009], The power-saving command may include selecting a power-saving rate from among a plurality of preset power-saving rates) for cooling or heating the indoor space from a current indoor temperature to a target indoor temperature set by a user (Abstract, [0007],[0011], a control unit to control so that the operating frequency of the compressor is determined based on the difference between the received target temperature and the obtained room temperature); and wherein the controller (an indoor unit controller 252) is configured to: based on the indoor temperature changing by a first reference temperature or more, commence the power-saving operation (Abstract, [0013], the integrated controller is configured the to change power-saving command based on the difference between the received target temperature and the obtained room temperature of the indoor space). Son fails to disclose based on the indoor temperature changing by a second reference temperature or more while the power-saving operation is performed, stop the power-saving operation. However, Besore discloses based on the indoor temperature changing by a second reference temperature or more while the power-saving operation is performed, stop the power-saving operation ([0006],[0007], [0013], Abstract, The controller is configured to at least one of selectively adjust and deactivate at least one of the one or more power consuming features/functions to reduce power consumption of the HVAC system in the energy savings mode; and he controller operates the HVAC system in one of a plurality or operating modes, including at least a normal operating mode and an energy savings mode in response to the received signal). Son and Besore are analogous art. They relate to energy management of HVAC system. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify conditioning air of an associated room includes one or more power consuming features, taught by Besore, incorporated with controlling an air conditioner capable of performing an effective power-saving operation, taught by Son because the energy efficiency of an air conditioner is one of most important factors based on which a user selects the air conditioner, in order to reduce energy consumption, research and development including the high efficiency of core element parts, such as a compressor, a heat exchanger, etc., are continuously conducted. Regarding claims 2, 13 and 19, Besore discloses the air conditioner is configured, in a cooling operation, to cool the indoor space (Abstract, controlling element for one of heating and cooling air. A controller is operatively connected to the one or more power consuming features/functions),In addition, wherein the commencing of the power-saving operation includes the controller being configured to switch from a normal operation to the power-saving operation if the indoor temperature increases by the first reference temperature or more in a predetermined period of time ([0091] The integrated controller 200 may induce a command for decreasing the power-saving rate based on a great difference between the room temperature and the target temperature), and wherein the stopping of the power-saving operation includes the controller being configured to switch from the power-saving operation to the normal operation if the indoor temperature decreases by the second reference temperature or more while the power-saving operation is being performed ([0090], [0091], induce a command for increasing the power-saving rate based on a small difference between the room temperature and the target temperature, while driving the compressor at the operating frequency to which the power-saving rate has been applied. A guide message for guiding a change of the power-saving command based on a change of a difference between the target temperature and room temperature obtained after the driving start time); and/or wherein the air conditioner is configured, in a heating operation, to heat the indoor space (abstract, controlling element for one of heating and cooling air. A controller is operatively connected to the one or more power consuming features/functions), and wherein the stopping of the power-saving operation includes the controller being configured to switch from the normal operation to the power-saving operation if the indoor temperature decreases by the first reference temperature or more in a predetermined period of time ([0091], induce a command for increasing the power-saving rate based on a small difference between the room temperature and the target temperature, while driving the compressor at the operating frequency to which the power-saving rate has been applied), and wherein the stopping of the power-saving operation includes the controller being configured to switch from the power-saving operation to the normal operation if the indoor temperature increases by a second reference temperature or more while the power-saving operation is being performed ([0091] The integrated controller 200 may induce a command for decreasing the power-saving rate based on a great difference between the room temperature and the target temperature). Regarding claim 3 and 14, Son discloses the normal operation (selected power-saving) is an operation using preset parameters for cooling or heating the indoor space ([0050], a cooling operation, and a heating operation) from a current indoor temperature to a target indoor temperature ([0017], setting the difference between the received target temperature and the obtained room temperature) set by a user ([0017]-[0019], 0020] The obtaining of the room temperature may include obtaining the room temperature at preset time intervals from the driving start time of the compressor, and the method may further include outputting, to a display a guide message to guide a change of the power-saving command, based on a change of the difference between the received target temperature and the obtained room temperature, obtained after the driving start time). Regarding claims 6 and 16, the combination of Besore and Son disclose: Son discloses a compressor (compressor 102) configured to compress a refrigerant ([0084], the outdoor unit 710 may include a compressor 102b that compresses a refrigerant), wherein, while performing the power-saving operation ([0002], controlling an air conditioner capable of performing an effective power-saving operation), controller is configured to: based on a power consumption of the air conditioner exceeding a first power consumption ([0007], [0012], [0017], [0017] If the controller 104 receives and processes an energy signal indicative of a peak demand period at any time during operation of the HVAC system 100), reducing an operating frequency of the compressor ([0027], [0092], The controller may turn off driving of the compressor in a case in which the target temperature is higher than the room temperature. The control is adjusting a duty cycle or variable speed of the compressor 120 and/or deactivating the refrigeration system 112 altogether), and based on the power consumption of the air conditioner being less than a second power consumption ([0006], the central air conditioning system operates in a normal mode during the off-peak demand period ), increasing the operating frequency of the compressor ([0007], the controller is configured to increase a setpoint temperature of the refrigeration system and adjust a duty cycle of the compressor to precipitate less compressor on time in the energy savings mode), and wherein the first power consumption is less than a rated power consumption of the air conditioner and exceeds the second power consumption (([0007], the signal has a first state indicative of a utility peak demand period (exceed) and a second state indicative of a utility off-peak demand period (less)). In addition Son discloses (Abstract, [0007], [0009], [0016], An air conditioner comprises: a compressor; an input unit to receive a target temperature and a power saving command including a power saving rate; an indoor temperature detection unit to obtain a room temperature; and a control unit to control so that the operating frequency of the compressor 102 is determined based on the difference between the received target temperature and the obtained room temperature, the operating frequency is changed according to the power saving rate, and the compressor is driven with the changed operating frequency). 4.2 Claim(s) 4-5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Besore (US 20110153090 A1) in view of Son (US 20230175202A) further in view of Shirosako (US 20160252266 A1). Regarding claims 4-5 and 15, the combination of Son and Besore disclose the limitations of claims 1-2 and 12-13 but fail to disclose the limitations of claims 4-5 and 15. However, Shirosako discloses as follows: Regarding claim 4 and 15, Shirosako discloses based on the indoor temperature increasing by a first temperature or more within the predetermined period of time during the cooling operation or decreasing by a second temperature or more within the predetermined period of time during the heating operation (Abstract, [0009]-[0013], controlling an HVAC unit includes receiving input signals from a thermostat; setting a mode of the HVAC unit to a heating mode when a heating signal is enabled, or to a cooling mode when a cooling signal is enabled; calculating a heating/cooling change rate based on first temperature data received from the HVAC unit; comparing the first room heating/cooling change rate with a threshold; maintaining the HVAC unit at the set capacity percentage if the heating/cooling change rate is equal to the threshold; lowering the current capacity by a first cooling increment, to a minimum of 0%, if the heating/cooling change rate is above the threshold; and raising the current capacity by a second cooling increment, to a maximum of 100%, if the heating/cooling change rate is below the threshold, the controller is configured to determine that the indoor temperature changes by the first reference temperature or more comparing of the second room heating/cooling change rate with the second threshold, the maintaining of the current capacity percentage, the lowering of the current capacity percentage, and the raising of the current capacity percentage may be repeated a plurality of times); or wherein, based on the indoor temperature increasing by a first temperature or more within the predetermined period of time during the cooling operation or decreasing by a second temperature or more within the predetermined period of time during the heating operation (Abstract, [0009]-[0013], Fig. 3-9, controlling an HVAC unit includes receiving input signals from a thermostat; setting a mode of the HVAC unit to a heating mode when a heating signal is enabled, or to a cooling mode when a cooling signal is enabled; calculating a heating/cooling change rate based on first temperature data received from the HVAC unit; comparing the first room heating/cooling change rate with a threshold; maintaining the HVAC unit at the set capacity percentage if the heating/cooling change rate is equal to the threshold; lowering the current capacity by a first cooling increment, to a minimum of 0%, if the heating/cooling change rate is above the threshold; and raising the current capacity by a second cooling increment, to a maximum of 100%, if the heating/cooling change rate is below the threshold, the controller is configured to determine that the indoor temperature changes by the first reference temperature or more comparing of the second room heating/cooling change rate with the second threshold, the maintaining of the current capacity percentage, the lowering of the current capacity percentage, and the raising of the current capacity percentage may be repeated a plurality of times); wherein the first temperature is less than the second temperature ([0012], The first cooling increment may be between 5-20%, inclusive, and the second cooling increment may be between 5-20%, inclusive). Regarding claim 5 , shirosako while performing the power-saving operation, based on the indoor temperature decreasing by a third temperature or more during the cooling operation or increasing by a fourth temperature or more during the heating operation, the controller is configured to determine that the indoor temperature changes by the second reference temperature or more ((Abstract, [0009]-[0013], Fig. 3-9, controlling an HVAC unit includes receiving input signals from a thermostat; setting a mode of the HVAC unit to a heating mode when a heating signal is enabled, or to a cooling mode when a cooling signal is enabled; calculating a heating/cooling change rate based on first temperature data received from the HVAC unit; comparing the first room heating/cooling change rate with a threshold; maintaining the HVAC unit at the set capacity percentage if the heating/cooling change rate is equal to the threshold; lowering the current capacity by a first cooling increment, to a minimum of 0%, if the heating/cooling change rate is above the threshold; and raising the current capacity by a second cooling increment, to a maximum of 100%, if the heating/cooling change rate is below the threshold, the controller is configured to determine that the indoor temperature changes by the first reference temperature or more comparing of the second room heating/cooling change rate with the second threshold, the maintaining of the current capacity percentage, the lowering of the current capacity percentage, and the raising of the current capacity percentage may be repeated a plurality of times); or wherein, while performing the power-saving operation, based on the indoor temperature decreasing by a third temperature or more during the cooling operation or increasing by a fourth temperature or more during the heating operation, the controller is configured to determine that the indoor temperature changes by the second reference temperature or more (Abstract, [0009]-[0013], Fig. 3-9, controlling an HVAC unit includes receiving input signals from a thermostat; setting a mode of the HVAC unit to a heating mode when a heating signal is enabled, or to a cooling mode when a cooling signal is enabled; calculating a heating/cooling change rate based on first temperature data received from the HVAC unit; comparing the first room heating/cooling change rate with a threshold; maintaining the HVAC unit at the set capacity percentage if the heating/cooling change rate is equal to the threshold; lowering the current capacity by a first cooling increment, to a minimum of 0%, if the heating/cooling change rate is above the threshold; and raising the current capacity by a second cooling increment, to a maximum of 100%, if the heating/cooling change rate is below the threshold, the controller is configured to determine that the indoor temperature changes by the first reference temperature or more comparing of the second room heating/cooling change rate with the second threshold, the maintaining of the current capacity percentage, the lowering of the current capacity percentage, and the raising of the current capacity percentage may be repeated a plurality of times); and wherein the third temperature is less than the fourth temperature ([0012],. The first cooling increment may be between 5-20%, inclusive, and the second cooling increment may be between 5-20%, inclusive). Shirosako, Son and Besore are analogous art. They relate to energy management of HVAC system. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify controlling an HVAC unit, taught by Shirosako, incorporated with the teachings of Besore and So, as stated above, in order to maintain a desired level of operation of the HVAC system set by the manufacturer or chosen by the user to prevent repeatedly turned on and off in a short time period undesirable which lowering the overall efficiency of the entire HVAC system. Allowable Subject Matter 5. Claims 7, 17 and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. As claims 8-11 are directly or indirectly dependent on claims 7, those claims are also allowable at least by virtue of their dependency. Citation Pertinent prior art 6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Li (WO 2014161351 A1) discloses an inverter air conditioner enters an energy-saving mode according to the detected outdoor ambient temperature. Zhuhai (WO2020052150A1) discloses an air conditioner is powered on, indoor environmental parameters are automatically detected, and according to the indoor environmental parameters, the air conditioner is controlled to enter a corresponding operating mode. Ruff (US20130103207A1) discloses a thermostat includes a user interface that is configured to operate in at least two different modes including a first mode and a second mode. The user interface may require more power when operating in the first mode than in the second mode. Chae et al, (US 20230035576 A1) discloses the air conditioner may activate a power saving mode based on the total activity level of an occupant and starting from a time point t.sub.2 at which the power saving mode is activated, the air conditioner 100 may perform the cooling operation based on the total activity level of the occupant. JEON (KR20100078796A) discloses controlling the power saving operation of an air conditioner, and more particularly, to a method for controlling the power saving operation of an air conditioner to prevent an air conditioner by managing the air conditioner at an appropriate cooling temperature A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for allthat it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed wereinstead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1 009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. Biocraft Labs., Inc., 874 F.2d804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163USPQ 545, 549 (CCPA 1969). Conclusion 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kidest Worku, whose telephone number is 571-272-3737. The examiner can normally be reached on Mon-Fri 9am to 5pm, ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ali Mohammad, can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone 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. Information regarding the status of an application may be obtained from the Patent Application information Retrieval IPAIRI system. Status information for published applications may be obtained from either Private PMR 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 PAG system, contact the Electronic Business Center (EBC) at 866-217 - 9197. 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. /KIDEST WORKU/Primary Examiner, Art Unit 2119
Read full office action

Prosecution Timeline

Nov 27, 2024
Application Filed
Aug 27, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
88%
With Interview (+2.8%)
4y 4m (~2y 6m remaining)
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