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 § 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 non-obviousness.
Claims 14-15, 20-21, 26-27 and 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 20210078118 A1, hereinafter Li) in view of Lu et al (CN 108679746 A, hereinafter Lu).
Regarding claim 14, Li teaches a mount bracket (bracket assembly 150) comprising: a fixation frame (sill coupling component 310) provided with a clamp groove (sill arm guide slot 339, figure 3) running through both ends (figure 3) and configured to be clamped to a window frame or a windowsill (sill 234) through two opposite sidewalls (sill arms 331, figure 5a), at least one of the sidewalls (sill arms 331) being provided with a fixation hole for a fastener to pass through (bolts 338, figure 3).
Li teaches the invention as described above but fail to teach the fixation frame being configured to be locked to the window frame or the windowsill through at least the fastener; a support frame rotatably connected to the fixation frame and configured to abut against a support surface in a mounting environment; and a machine body shelf connected to the support frame and configured to receive an air conditioner.
However, Lu teaches the fixation frame (adjusting plate 3) being configured to be locked to the window frame or the windowsill (figure 8) through at least the fastener (bolt, paragraph 0003); a support frame (outdoor machine bracket 1) rotatably connected to the fixation frame (figure 8) and configured to abut against a support surface (figure 8) in a mounting environment (figure 8); and a machine body shelf (base 11) connected to the support frame (outdoor machine bracket 1, figure 2) and configured to receive an air conditioner (as shown on figure 9).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the bracket of Li to the fixation frame being configured to be locked to the window frame or the windowsill through at least the fastener; a support frame rotatably connected to the fixation frame and configured to abut against a support surface in a mounting environment; and a machine body shelf connected to the support frame and configured to receive an air conditioner in view of the teachings of Lu in order to yield the predictable result of having an integrated structure, assembly and disassembly convenient air conditioner, keeps the movable function of the portable air conditioner.
Further, it is understood, claim 14 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claims 15 and 27, the combined teachings teach wherein: the fixation frame (adjusting plate 3 of Lu) includes a main body (top section of adjusting plate 3, figure 5 of Lu) extending in a horizontal direction (as shown on figure 5 of Lu) and bend parts bent upward from two ends of the main body (bent parts facing upwards adjacent to the top section of adjusting plate 3, figure 5 of Lu); and the clamp groove (rails 31/32 of Lu) includes a first groove section (within rail 31, figure 5 of Lu) provided at the main body (figure 5 of Lu) and opened downward (via slits in rails, figure 5 of Lu) and a second groove section (within rail 32, figure 5 of Lu) provided at each of the bend parts (as shown on figure 5 of Lu) and opened towards one side away from the main body (opened and away from the top section of adjustment plate 3, as shown on figure 5 of Lu) and the first groove section is communicated with the second groove section (as installed, figure 8 of Lu).
Regarding claims 20 and 32, the combined teachings teach wherein the machine body shelf (base 11 of Lu) is provided with an accommodation cavity (as shown on figure 2 of Lu) configured to accommodate a bottom of the air conditioner (as shown on figure 9 of Lu).
Further, it is understood, claim 20 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claims 21 and 33, the combined teachings teach wherein the machine body shelf (base 11 of Lu) is detachably connected to the support frame (outdoor machine bracket 1 of Lu) and is configured to change a connection location, to cooperate with the support frame to form different assembly states (outdoor machine bracket can be folded to reduce the packing volume and has convenient transportation, paragraph 0002).
Further, it is understood, claim 21 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 26, the combined teachings teach all the limitations of claim 26. See rejections of claim 1.
Allowable Subject Matter
Claims 16-19, 22-25 and 28-31 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.
The following is an examiner’s statement of reasons for allowance:
Regarding claims 16 and 28, the subject matter which is considered to distinguish from the closest prior art of record, Kim et al (US 20240085056 A1). The prior art of record when considered as a whole, alone, or in combination, neither anticipates nor renders obvious “wherein the support frame is connected to a support foot, the support frame is configured to abut against the support surface through the support foot, and the support foot is configured to adjust in position relative to the support frame along a normal direction of the support surface”. The closest prior art, Kim teaches a window type air conditioner including an outdoor module including a compressor, an outdoor heat exchanger, and an outdoor housing; an indoor module including an indoor heat exchanger, and an indoor housing spaced apart from the outdoor housing; a refrigerant pipe through which refrigerant moves between the indoor and the outdoor module; and a connection support module including a first connection rod having an inner circumferential surface, and a sealing member inside the first connection rod, wherein the connection support module connects, and supports a positional relationship between, the indoor and the outdoor module.
Regarding claim 22, the subject matter which is considered to distinguish from the closest prior art of record, Kim et al (US 20240085056 A1). The prior art of record when considered as a whole, alone, or in combination, neither anticipates nor renders obvious “wherein: the support frame is provided with a first mount member and a second mount member, and the machine body shelf is provided with a first assembly member and a second assembly member; and the different assembly states include: a first assembly state, in which the first assembly member is detachably connected to the first mount member and the machine body shelf is stacked on a top of the support frame; and a second assembly state, in which the second assembly member is detachably connected to the second mount member and the machine body shelf is unfolded at a preset angle relative to the support frame toward one side away from the support surface”. The closest prior art, Kim teaches a window type air conditioner including an outdoor module including a compressor, an outdoor heat exchanger, and an outdoor housing; an indoor module including an indoor heat exchanger, and an indoor housing spaced apart from the outdoor housing; a refrigerant pipe through which refrigerant moves between the indoor and the outdoor module; and a connection support module including a first connection rod having an inner circumferential surface, and a sealing member inside the first connection rod, wherein the connection support module connects, and supports a positional relationship between, the indoor and the outdoor module.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763