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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/15/2025 and 06/03/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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:
cooling unit in at least claim 1.
Water supply device in at least claim 1.
Water receiver in at least claim 8.
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.
cooling unit is interpreted to cover a sensible heat exchanger including a supply air channel and the exhaust air channel, and the evaporative filter as per [0087] of applicant specification; and equivalents thereof.
Water supply device is interpreted to cover at least one of a filter water supply device and the heat exchanger water supply device as per [0154] of applicant specification; and equivalents thereof.
Water receiver is interpreted to cover at least one of a heat exchanger water receiver and an evaporative filter water receiver as per [0185] of applicant specification; 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 § 112
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.
Claim(s) 12 is/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 pre-AIA the applicant regards as the invention.
Claim 12 calls for the limitation “the evaporative filter” in line 2; which limitation lacks antecedent basis.
Appropriate correction is required.
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.
Claim(s) 1-2 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bae (US 20210088075 A1).
Regarding claim 1:
Bae discloses an air conditioner (Fig. 1, abstract), comprising:
a cooling unit #2000; and
a water supply device #2100 configured to supply water to a surface of the cooling unit ([0203] & [0206]),
wherein the water supply device is movable between a first position in which the water supply device faces the surface in a perpendicular direction orthogonal to the surface of the cooling unit, and a second position in which the water supply device is located away from the surface of the cooling unit in a plane direction orthogonal to the perpendicular direction (see Fig. 3-5 and corresponding description thereof: #2100 is movable to produce the claimed arrangement above).
Note: the phrase “movable between a first position in which the water supply device faces the surface in a perpendicular direction orthogonal to the surface of the cooling unit, and a second position in which the water supply device is located away from the surface of the cooling unit in a plane direction orthogonal to the perpendicular direction” is directed towards operation or intended purpose. According to the MPEP § 2114, Hewlett-Packard Co. v. Bausch & Lomb Inc., apparatus claims cover what a device is, not what a device does. Reciting an intended use for an existing, structurally identical product does not make an apparatus claim patentable over the prior art. If a prior art device has all the structural limitations, it anticipates the claim even if it was used for a completely different function.
Regarding claim 2:
Bae further discloses a housing #100 accommodating the cooling unit (Fig. 6), wherein the housing includes a door #130 that is openable and closable (base #130 qualifies as a door as it can be used to access the interior of the housing. #130 is openable and closable with appropriate tool provided), and the water supply device is fixed to the door and is movable between the first position and the second position in conjunction with opening or closing of the door (see at least Fig. 6 and MPEP § 2114).
Regarding claim 8:
Bae further discloses a housing #100 accommodating the cooling unit (Fig. 6), wherein the housing includes a door #130 that is openable and closable (base #130 qualifies as a door as it can be used to access the interior of the housing. #130 is openable and closable with appropriate tool provided), and a support portion #2210 that supports the door and a first side wall of the housing (Fig. 9), the water supply device is fixed to the door and movable between the first position and the second position in conjunction with opening or closing of the door (see at least Fig. 6 and MPEP § 2114), and the door includes a water receiver #2211 located between the water supply device and the support portion (see Fig. 9).
Allowable Subject Matter
Claims 4-7, 9-11, and 13-15 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 a statement of reasons for the indication of allowable subject matter:
There is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one of ordinary skill in the art to modify the teachings of Bae to provide (i) the housing including a first side wall supporting the door, the water supply device connected to a supply water channel, the supply water channel including a first supply water channel located along the first side wall, a second supply water channel fixed to the door and connected to the water supply device, and a connecting supply water channel connecting the first supply water channel and the second supply water channel, with the connecting supply water channel is flexible as require by claim 3; (ii) a heat exchanger case, wherein the cooling unit includes a heat exchanger, the heat exchanger case accommodates the heat exchanger, and is attachable to and detachable from the housing in a state of accommodating the heat exchanger, the heat exchanger case has an inner surface with an inclined surface that is inclined from an upper end of the inner surface toward a bottom wall of the heat exchanger case, the water receiver includes a heat exchanger water receiver located at a position overlapping the heat exchanger case in a first horizontal direction that is perpendicular to the vertical direction and parallel to the first side wall, and the inclined surface has a length longer than a length of the water receiver in the first horizontal direction as required by claim 9; (iii) a housing accommodating the cooling unit; and a heat exchanger case, wherein the cooling unit includes a heat exchanger that includes a supply air channel and an exhaust air channel, the heat exchanger case accommodates the heat exchanger, and is attachable to and detachable from the housing in a state of accommodating the heat exchanger, the heat exchanger has a supply air inlet surface with an inlet of the supply air channel, and a supply air outlet surface with an outlet of the supply air channel, the heat exchanger case includes a first portion and a second portion, the first position of the heat exchanger case includes a first wall that is parallel to the supply air channel and the exhaust air channel, and a supply air inlet-side frame that faces the supply air inlet surface and to which the first wall is connected, the second portion of the heat exchanger case includes a second wall that faces the first wall and is connected to the supply air inlet-side frame, and a supply air outlet-side frame that faces the supply air outlet surface and is connected to the first wall and the second wall, and the first portion and the second portion of the heat exchanger case have different shapes as required by claim 11; and (iv) a drain pan configured to receive water dripping from the cooling unit; a supply water channel through which water is to be supplied from the drain pan to the water supply device; a water tank configured to store water; and a replenishing water channel connecting the drain pan and the water tank, wherein the water supply device is connected to a bottom hole in a bottom surface of the drain pan via the supply water channel, the water tank is connected to a water supply hole in a wall surface of the drain pan via the replenishing water channel, and the water supply hole is located above the bottom hole in the vertical direction as required by claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Seo (US 20100242516 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIONEL W NOUKETCHA whose telephone number is (571)272-8438. The examiner can normally be reached on Mon - Fri: 08:00 AM - 04:00 PM.
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/LIONEL NOUKETCHA/Primary Examiner, Art Unit 3763
