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 Under 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: “a thermal element” in claims 16.
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.
Claim limitation “a thermal element” has/have been interpreted under 35 U.S.C.112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “element” coupled with functional language “a thermal” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 2 and 16 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
A thermal element treated as meaning a cooling element e.g., cooling coil, heat exchanger, condenser coil, evaporative coils, etc. configured to cool the received air . See par. 37.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC §102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
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.
Claims 1-4 and 19 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by LAMB (US 3063256 A).
In regards to claim 1, LAMB discloses a display unit (a showcase; Figs. 1-2 and 6) comprising: a housing (walls surrounding display unit) defining an interior chamber (interior of the cabinet); a plurality of shelves (shelves 6) disposed within the interior chamber (Figs. 1-2); a duct system (duct 30) fluidly coupled to each of the plurality of shelves (6); and an air driver (blower units, 105 to 108) configured to provide an air stream (air flow arrows) to the duct system (30) such that the air stream is provided to the plurality of shelves (6) to create an air curtain (air curtain) within the interior chamber (refer to col.15, lines 55-61; Fig. 2).
In regards to claim 2, LAMB meets the claim limitations as disclosed above in the rejection of claim 1. Further, LAMB teaches further comprising a thermal element (a refrigeration coils 100) positioned to at least one of heat or cool the air stream (Fig. 2).
In regards to claim 3, LAMB meets the claim limitations as disclosed above in the rejection of claim 1. Further, LAMB teaches wherein a front of the housing is open (open front type) to an ambient environment (Fig. 2).
In regards to claim 4, LAMB meets the claim limitations as disclosed above in the rejection of claim 3. Further, LAMB teaches wherein each of the plurality of shelves (6) includes an outlet (discharge outlets or downwardly directed ports 35, 56, 66 and 76) positioned along a front edge (over the frontal opening of the cabinet; col.8, lines 4-5) thereof, and wherein the outlet (35, 56, 66 and 76) is positioned to provide the air curtain at the front of the housing (col.8, lines 1-5; Fig. 2).
In regards to claim 19, LAMB discloses a display unit (a showcase; Figs. 1-2 and 6) comprising: a housing (walls surrounding display unit) defining an interior chamber (interior of the cabinet); a shelf (shelves 6) disposed within the interior chamber (Figs. 1-2), the shelf (6) defining an internal volume and an outlet (discharge outlets or downwardly directed ports 35, 56, 66 and 76) along an edge thereof; a duct system (duct 30) fluidly coupled to the shelf (6); and an air driver (blower units, 105 to 108) configured to provide an air stream (air flow arrows) to the duct system (30) such that the air stream is provided to the shelf (6) to generate an air curtain (air curtain) from the outlet of the shelf (6) and within the interior chamber of the housing (refer to col.15, lines 55-61; Fig. 2).
Claims 14-17 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Yamaguchi et al. (US 2006/0240761 A1).
In regards to claim 14, Yamaguchi discloses a display unit (a display shelf 1; Figs. 1, 4 and 6) comprising: a plurality of shelves (10), each of the plurality of shelves (10) having an internal volume (shelf space in shelf duct 41), a first outlet (plurality of openings 42) positioned along a first edge (front surface 2a) thereof, and a second outlet (openings 45) positioned along an opposing second edge (rear surface 2b) thereof; and a duct system (duct system DS1) including: a first supply post (supply duct 11; Fig. 1) including a first plurality of shelving ducts (heat side shelf supply ducts 41) spaced along a first height thereof (Fig. 1); a second supply post (supply duct 12; Fig. 1) including a second plurality of shelving ducts (chill side shelf supply ducts 41) spaced along a second height thereof (Fig. 1), the first plurality of shelving ducts (heat side ducts 41) and the second plurality of shelving ducts (chill side ducts 41) coupled to the internal volume of the plurality of shelves (as can be seen in Fig. 1); a first return post (return duct 13) positioned along a first interior surface of the first supply post (11), the first return post (13) including a first plurality of air returns (heat side openings 23) spaced along a third height thereof (as can be seen in Fig. 1), the first plurality of shelving ducts (heat side ducts 41) extending through the first return post (13); and a second return post (return opening 33) positioned along a second interior surface of the second supply post (12), the second return post including a second plurality of air returns spaced (left-right side openings 23) along a fourth height thereof, the second plurality of shelving ducts (heat side shelf supply ducts 41) extending through the second return post (as can be seen in Figs. 1 and 6).
In regards to claim 15, Yamaguchi meets the claim limitations as disclosed above in the rejection of claim 14. Further, Yamaguchi teaches further comprising an air driver (fans 16/18) configured to provide an air stream to the duct system (DS1) such that the air stream flows through the first supply post (11) and the second supply post (12), through the first plurality of shelving ducts (heat side shelf supply ducts 41) and the second plurality of shelving ducts (chill side shelf supply ducts 41), into the internal volume of the plurality of shelves, out of the first outlet (42) and the second outlet (45) of the plurality of shelves (10) to provide an air curtain (cold air A2), and into the first plurality of air returns (openings 23) and the second plurality of air returns (left-right side openings 23).
In regards to claim 16, Yamaguchi meets the claim limitations as disclosed above in the rejection of claim 15. Further, Yamaguchi teaches further comprising a thermal element (heat exchanger 19 for chilling and heater 17 for heating) positioned to at least one of heat or cool the air stream (Fig. 1).
In regards to claim 17, Yamaguchi meets the claim limitations as disclosed above in the rejection of claim 15. Further, Yamaguchi teaches wherein the first outlet (42) and the second outlet (45) are angled toward each other (as can be seen in Fig. 1).
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 of this title, 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.
Claims 6-8, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over LAMB (US 3063256 A) in view of BERENTS et al. (US 2021/0106150 A1).
In regards to claim 6, LAMB meets the claim limitations as disclosed above in the rejection of claim 4, but fails to explicitly teach wherein the outlet is angled towards a center of the interior chamber. BERENTS teaches a teaches display unit (2; Figs. 1 and 5) wherein the outlet (shelf air outlet 146) is angled towards a center of the interior chamber (as can be seen in Figs. 5 and 7; par. 91).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the unit of LAMB such that the outlet is angled towards a center of the interior chamber as taught by BERENTS in order to refrigerate the open front chamber with the storage spaces (par. 55 of BERENTS).
In regards to claim 7, LAMB meets the claim limitations as disclosed above in the rejection of claim 3, but fails to explicitly teach wherein the housing includes one or more doors positioned along a rear of the housing.
BERENTS teaches a teaches display unit (2; Figs. 1 and 5) wherein the housing includes one or more doors (a first slidable back door 23 and a second slidable back door 24) positioned along a rear of the housing (back wall 20).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the unit of LAMB such that the housing includes one or more doors positioned along a rear of the housing as taught by BERENTS in order to use in a crowded and busy environment for refilling the display unit without disturbing the customers (par. 95 of BERENTS).
In regards to claim 8, LAMB meets the claim limitations as disclosed above in the rejection of claim 3, but fails to explicitly teach wherein at least one of the plurality of shelves is pivotable. BERENTS teaches a teaches display unit (2; Figs. 1 and 5) wherein at least one of the plurality of shelves (4) is pivotable (via a joint 174, more in particular a pivot 176).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the unit of LAMB such at least one of the plurality of shelves is pivotable as taught by BERENTS in order to move the removable portion from a retracted position to an extended position (par. 18 of BERENTS).
In regards to claim 18, LAMB meets the claim limitations as disclosed above in the rejection of claim 1, but fails to explicitly teach wherein at least one of the plurality of shelves is pivotable. BERENTS teaches a teaches display unit (2; Figs. 1 and 5) wherein at least one of the plurality of shelves (4) is pivotable (via a joint 174, more in particular a pivot 176).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the unit of LAMB such at least one of the plurality of shelves is pivotable as taught by BERENTS in order to move the removable portion from a retracted position to an extended position (par. 18 of BERENTS).
In regards to claim 20, LAMB meets the claim limitations as disclosed above in the rejection of claim 19, but fails to explicitly teach wherein the shelf is pivotable. BERENTS teaches a teaches display unit (2; Figs. 1 and 5) wherein the shelf (4) is pivotable (via a joint 174, more in particular a pivot 176).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the unit of LAMB such that the shelf is pivotable as taught by BERENTS in order to move the removable portion from a retracted position to an extended position (par. 18 of BERENTS).
Claims 5, 9-10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over LAMB (US 3063256 A) in view of Yamaguchi et al. (US 2006/0240761 A1).
In regards to claim 5, LAMB meets the claim limitations as disclosed above in the rejection of claim 4. Further, LAMB teaches wherein the outlet is a first outlet (35, 56, 66 and 76), but fails to explicitly teach wherein each of the plurality of shelves includes a second outlet positioned along a rear edge thereof, and wherein the second outlet is positioned to provide the air curtain at a rear of the housing.
Yamaguchi teaches an apparatus (Figs. 1, 4 and 6) wherein the plurality of shelves (display shelf 10) includes a second outlet (discharge openings 45) positioned along a rear edge (rear surface 10d) thereof, and wherein the second outlet (45) is positioned to provide the air curtain (cold air A2) at a rear of the housing (2), (as can be seen in Fig. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the unit of LAMB such that each of the plurality of shelves includes a second outlet positioned along a rear edge thereof, and wherein the second outlet is positioned to provide the air curtain at a rear of the housing as taught by Yamaguchi in order to maintain the quality and the like of products (par. 26 of Yamaguchi).
In regards to claim 9, LAMB meets the claim limitations as disclosed above in the rejection of claim 1, but fails to explicitly teach wherein the duct system includes a supply post extending vertically along the housing and fluidly coupling the plurality of shelves to the air driver.
Yamaguchi teaches an apparatus (Figs. 1, 4 and 6) wherein the duct system (duct system DS1) includes a supply post (supply ducts 11, 12) extending vertically along the housing (2) and fluidly coupling the plurality of shelves (10) to the air driver (16/18).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the unit of LAMB such that the duct system includes a supply post extending vertically along the housing and fluidly coupling the plurality of shelves to the air driver as taught by Yamaguchi in order to maintain the quality and the like of products (par. 26 of Yamaguchi).
In regards to claim 10, LAMB meets the claim limitations as disclosed above in the rejection of claim 9. Further, Yamaguchi teaches wherein the supply post (supply ducts 11, 12; Fig. 6) is a first supply post (11), further comprising a second supply post (12) extending vertically along the housing (2) and fluidly coupling the plurality of shelves (10) to the air driver (16/18), wherein the first supply post (11) and the second supply post (12) are positioned on opposing sides (left-right sides) of the plurality of shelves (10).
In regards to claim 12, LAMB meets the claim limitations as disclosed above in the rejection of claim 9. Further, Yamaguchi teaches wherein the duct system (duct system DS1; Fig. 6) includes a return post (return duct 13) extending vertically along the housing, the return post (13) including one or more air returns configured to draw the air curtain into the duct system (Fig. 6).
In regards to claim 13, LAMB meets the claim limitations as disclosed above in the rejection of claim 12. Further, Yamaguchi teaches wherein the return post (13) is disposed along an interior surface of the supply post (11/12), wherein the supply post (11/12) includes a plurality of shelving ducts (shelf discharge duct 43) spaced along a height thereof and extending therefrom, and wherein the plurality of shelving ducts (43) extend through the return post (13) to the plurality of shelves (10).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over LAMB (US 3063256 A) in view of Yamaguchi et al. (US 2006/0240761 A1), further in view of Ruan et al. (US 2018/0065161 A1).
In regards to claim 11, LAMB meets the claim limitations as disclosed above in the rejection of claim 9, but fails to explicitly teach wherein the supply post includes a plurality of baffles spaced along a height thereof to divert a portion of the air stream to each of the plurality of shelves.
Ruan teaches wherein the supply post (duct 1071) includes a plurality of baffles (upper 114, middle 113 and a lower air baffle 112 or flow-guiding plates 1201a-1201e) spaced along a height thereof to divert a portion of the air stream to each of the plurality of shelves (refer to pars. 16, 69 and 82).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the unit of LAMB such that the duct system includes a supply post extending vertically along the housing and fluidly coupling the plurality of shelves to the air driver as taught by Ruan in order to ensure that uniform stable laminar airflows are supplied from the air supply outlet to the work chamber. (par. 69 of Ruan).
Conclusion
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/M.T/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
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