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 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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR20180000733)
Regarding claim 1,
An air intake damper (see par. 1), comprising: a first air intake conduit 110 having a first longitudinal axis (e.g. an axis along an airflow direction), an upstream end and a downstream end (not labeled, See Fig. 2), the first air intake conduit having a first intake area (e.g. a cross sectional area at elemenets 130), wherein the first intake area is substantially perpendicular to the first longitudinal axis, and a plurality of partitions 130 extending across the first intake area in a vertical direction, wherein each partition has at least an upstream end and a downstream end as well as at least one of a first surface and/or a second surface (see Fig. 2),where in a first position two adjacent partitions are positioned to define a first fluid communication channel having an upstream end and a downstream end, and extending along the first air intake conduit (see Fig. 2), wherein the fluid communication channel in a direction extending along the first longitudinal axis has at least one bend (e.g. at a pivot point, not labeled) so that any imaginary straight line extending from the upstream end to the downstream end will intersect at least one of an inner surface and/or an outer surface of at least one partition (see Fig. 2), and where in a second position two adjacent partitions are positioned to prevent fluid communication between the upstream end and the downstream end of the first air intake conduit (see Fig. 4).
Regarding claim 1, An air intake damper, comprising:- a first air intake conduit having a first longitudinal axis, an upstream end and a downstream end, the first air intake conduit having a first intake area, wherein the first intake area is substantially perpendicular to the first longitudinal axis, and- a plurality of partitions extending across the first intake area in a vertical direction, wherein each partition has at least an upstream end and a downstream end as well as at least one of a first surface and/or a second surface, - where in a first position - two adjacent partitions are positioned to define a first fluid communication channel having an upstream end and a downstream end, and extending along the first air intake conduit, wherein the fluid communication channel in a direction extending along the first longitudinal axis has at least one bend so that any imaginary straight line extending from the upstream end to the downstream end will intersect at least one of an inner surface and/or an outer surface of at least one partition, and - where in a second position - two adjacent partitions are positioned to prevent fluid communication between the upstream end and the downstream end of the first air intake conduit.
Regarding claims 2-4,
Kim teaches wherein the air intake damper comprises an air intake damper housing, wherein the housing has an upstream end and a downstream end and at least one sidewall, and wherein the sidewall defines at least part of the first air intake conduit, wherein the plurality of partitions are pivotally connected to the air intake damper housing, and wherein the plurality of partitions are capable of pivoting between the first position and the second position, wherein at least two of the plurality of partitions are configured to pivot in synchronicity between the first position and the second position and vice versa (see Figs. 2-5).
Regarding claim 5,
Kim teaches wherein, in the first position, the bends are aligned along a transverse axis, and wherein the transverse axis is perpendicular to the longitudinal axis (see Figs. 2-4).
Regarding claim 6,
Kim teaches wherein the first fluid communication channel, seen in a cross-sectional view, has at least two bends, wherein the first bend extends in a first direction, and the second bend extends in a second direction, and wherein the second direction may optionally extend in an opposite direction to the first direction (see Figs. 2-4).
Regarding claim 7,
Kim teaches wherein two adjacent partitions are positioned in a third position (e.g. any position between those of Fig. 2 and Fig. 4) to define a fluid communication channel having an upstream end and a downstream end, and wherein at least one of the first bend and/or the second bend is/are at an angle that is more than 140 degrees.
Regarding claim 8,
Kim teaches wherein at least one of the first bend and the second bend of the first fluid communication channel in the first position is/are at an angle that is less than 140 degrees, measured in a direction of the longitudinal axis (see Figs. 2-4).
Regarding claim 9,
Kim teaches wherein at least one of the first bend and the second bend in the second position may be less than 90 degrees (see Figs. 2-4, wherein the recitation “may” is interpreted as optional and capable of being configured in any configuration).
Regarding claim 10,
Kim teaches wherein each partition has a first partition part and a second partition part (e.g. parts at 130, 140), and wherein the first partition part is pivotally connected to the second partition part.
Regarding claim 11,
Kim teaches wherein each partition may have a third partition part, and wherein the third partition part is pivotally connected to at least one of the first partition part and the second partition part (wherein the recitation “may” is interpreted as optional).
Regarding claim 12,
Kim teaches wherein the first bend, the second bend or any subsequent bend is a smooth bend or a sharp bend (wherein said recitations are broadly interpreted to refer to any type of bend, as a bend can always be relatively either smooth or sharp).
Regarding claim 13,
Kim teaches wherein the partitions are configured to be maneuvered from the first position to the second position, and from the second position to the first position.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim.
Regarding claim 14,
Kim does not teach wherein each partition is formed from a sheet material.
Since it has been held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (see MPEP 2144.07), it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Kim and arrive at the claimed invention in order to provide a material with sufficient strength.
Regarding claim 15,
Kim does not teach wherein the air intake damper is mounted on a wind turbine or mounted to a heat exchanger that is mounted to a wind turbine.
However, a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. The structure taught in Kim, is furthermore inherently capable of being utilized in a wind turbine or a heat exchanger mounted to a wind turbine.
Conclusion
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/Steve S TANENBAUM/Examiner, Art Unit 3763
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