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 .
Specification
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are: in several instances the application recites “a water pump in the second water delivery assembly to be turned off when the water pump in the second water delivery assembly is turned on.” This appears to be structurally impossible as it is the same structure. See paragraph [0084] of the written disclosure, however this is throughout the disclosure.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 611, 622. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the water delivery device must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
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: water delivery device in claims 1, 4, 9, and 12; water delivery assembly in claims 1-6 and 9-14.
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.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Carter (US 2017/0219245 A1) in view of Likitcheva (US 6,247,326 B1).
Regarding Claim 1: Carter teaches a circulating water control method applicable to an air conditioner (title, abstract, Figure 3), the air conditioner comprising an indoor unit component (7, paragraph [0035]), an outdoor unit component (2), and a water delivery device (19, 24, pipe from 10), the indoor unit component comprising an indoor heat exchanger (7 is an evaporator, paragraph [0038]) and an indoor drain pan (10) disposed below the indoor heat exchanger (7), the outdoor unit component (2) comprising an outdoor heat exchanger (2 is a condenser), an outdoor drain pan (20), and a spray device (26), the outdoor drain pan (20) being disposed below the outdoor heat exchanger (2), the water delivery device (19, 24, and pipe from 10) comprising a first water delivery assembly (pipe from 10) and a second water delivery assembly (19, pipe 24), the first water delivery assembly (pipe from 10) being in communication with the indoor drain pan (10), and the second water delivery assembly (19, pipe 24) being in communication with the outdoor drain pan (20),wherein the method comprises: determining an operating mode of the air conditioner (Figure 3, via 14) obtaining water level information of the outdoor drain pan (via 21); and controlling the second water delivery assembly (19, pipe 24) based on the operating mode (paragraph [0046]), to circulate condensate water generated by the air conditioner (Figure 3) between the indoor unit component (7) and the outdoor unit component (2, via 14 and 19).
Carter fails to teach the first water delivery assembly being in communication with the spray device, and the second water delivery assembly being in communication a space where the indoor heat exchanger is located, obtaining water level information of the indoor drain pan, controlling the first water delivery assembly based on the operating mode and the water level information of the indoor drain pan.
Likitcheva teaches a first water delivery assembly (pipe 6) being in communication with a spray device (5), and a second water delivery assembly (second 5) being in communication a space where an indoor heat exchanger (coil inside) is located (see Figure 2), obtaining water level information of an indoor drain pan (pan collecting water ,1), controlling the first water delivery assembly (6) based on an operating mode (via pump 7) and water level information of the indoor drain pan (via 4, Column 2, lines 3-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the first water delivery assembly being in communication with the spray device, and the second water delivery assembly being in communication a space where the indoor heat exchanger is located, obtaining water level information of the indoor drain pan, controlling the first water delivery assembly based on the operating mode and the water level information of the indoor drain pan to the structure of Carter as taught by Likitcheva in order to advantageously provide flow control based on water levels to spray the heat exchangers to improve the air conditioner efficiency (see Likitcheva, Column 1, lines 34-50).
Regarding Claim 9: Carter teaches an air conditioner (title, abstract, Figure 3) comprising: an indoor unit component (7, paragraph [0035]), an outdoor unit component (2), and a water delivery device (19, 24, pipe from 10), the indoor unit component (7) comprising an indoor heat exchanger (7 is an evaporator, paragraph [0038]) and an indoor drain pan (10) disposed below the indoor heat exchanger (see Figure 3), the outdoor unit component (2) comprising an outdoor heat exchanger (2), an outdoor drain pan (20), and a spray device (26), the outdoor drain pan (20) being disposed below the outdoor heat exchanger (see Figure 3), the water delivery device (19, pipe 24, pipe from 10) comprising a first water delivery assembly (pipe from 10) and a second water delivery assembly (19, 24), the first water delivery assembly (pipe from 10) being in communication with the indoor drain pan (10), and the second water delivery assembly (19, 24) being in communication with the outdoor drain pan (20) and a space where the indoor heat exchanger is located (via long pipe from 10); and a controller (14) configured to determine an operating mode of the air conditioner (via 14), water level information of the outdoor drain pan (via 21), and control the first water delivery assembly (pipe from 10) and the second water delivery assembly (19, pipe 24) based on the operating mode (Figure 3, via 14) and the water level information of the outdoor drain pan (via 21), to circulate condensate water (in pans 10 and 20) generated by the air conditioner (see Figure 3) between the indoor unit component (7) and the outdoor unit component (2, via 14 and 19).
Carter fails to teach the first water delivery assembly being in communication the spray device, the second water delivery assembly being in communication a space where the indoor heat exchanger is located, the controller configured to obtain water level information of the indoor drain pan, and control the first water delivery assembly and the second water delivery assembly based on the operating mode, the water level information of the indoor drain pan.
Likitcheva teaches a first water delivery assembly (6) being in communication a spray device (5), a second water delivery assembly (second 5) being in communication a space where an indoor heat exchanger (coil inside) is located (see Figure 2), a controller (4) configured to obtain water level information (via 4) of an indoor drain pan (1), and control the first water delivery assembly (water in pipe 6) and the second water delivery assembly (second 5) based on an operating mode (via pump 7) and the water level information of the indoor drain pan (via 4, Column 2, lines 3-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the first water delivery assembly being in communication the spray device, the second water delivery assembly being in communication a space where the indoor heat exchanger is located, the controller configured to obtain water level information of the indoor drain pan, and control the first water delivery assembly and the second water delivery assembly based on the operating mode, the water level information of the indoor drain pan to the structure of Carter as taught by Likitcheva in order to advantageously provide flow control based on water levels to spray the heat exchangers to improve the air conditioner efficiency (see Likitcheva, Column 1, lines 34-50).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Carter (US 2017/0219245 A1) in view of Likitcheva (US 6,247,326 B1), as applied to claim 1 above, and further in view of Chen et al. (US 2019/0285865 A1), hereafter referred to as “Chen.”
Regarding Claim 7: Carter modified supra fails to teach a computer-readable storage medium, having a circulating water control program stored thereon, wherein the circulating water control program is configured to, when executed by at least one processor, implement the circulating water control method according to claim 1.
Chen teaches a computer-readable storage medium (paragraphs [0018]-[0019]), having a circulating water control program (paragraphs [0018]-[0019]) stored thereon (via memory 1101), wherein the circulating water control program (paragraphs [0018]-[0019]) is configured to, when executed by at least one processor (paragraph [0018], 1102), implement the circulating water control method (paragraphs [0018]-[0019]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a computer-readable storage medium, having a circulating water control program stored thereon, wherein the circulating water control program is configured to, when executed by at least one processor, implement the circulating water control method according to claim 1 to the structure of Carter modified supra as taught by Chen in order to advantageously provide automated programming control of the air conditioner system (see Chen, paragraphs [0018]-[0019]).
Regarding Claim 8: Carter modified supra fails to teach a circulating water control system comprising: a memory; and at least one processor, wherein a circulating water control program is stored on the memory and executable by the at least one processor, wherein the at least one processor is configured to, when executing the circulating water control program, implement the circulating water control method according to claim 1.
Chen teaches a circulating water control system (Figure 11) comprising: a memory (1101); and at least one processor (1102), wherein a circulating water control program (paragraph [0155]) is stored on the memory (paragraphs [0155]-[0157]) and executable by the at least one processor (1102), wherein the at least one processor (1102) is configured to, when executing the circulating water control program, implement a circulating water control method (paragraphs [0153] and [0155]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a circulating water control system comprising: a memory; and at least one processor, wherein a circulating water control program is stored on the memory and executable by the at least one processor, wherein the at least one processor is configured to, when executing the circulating water control program, implement the circulating water control method according to claim 1 to the structure of Carter modified supra as taught by Chen in order to advantageously provide automated programming control of the air conditioner system (see Chen, paragraphs [0018]-[0019]).
Allowable Subject Matter
Claims 2-6 and 10-14 are objected to as being dependent upon a rejected base claim, however, would be allowable if rewritten in independent form and amended without any patentably significant broadening of the claims and including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (CN 217303010 U, machine translation).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTIN U OSWALD/Examiner, Art Unit 3763
/ERIC S RUPPERT/ Primary Examiner, Art Unit 3763
