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 Objections
Claims 9 and 19 are objected to because of the following informalities: For clarity, the word “an” should be inserted before the word “input” and “output”. Appropriate correction is required.
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.
Claims 6-10 and 17-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In reference to claim 6, the claim requires “a diode”. However, in claim 1 the system already requires a diode. Accordingly, it is unclear if the diode of claim 6 is the same or in addition to the diode claimed in claim 1. For the purposes of examination, the examiner is going to treat the claim as if it read, “the electronic device comprises: a second diode; a capacitor; and circuitry.”
In reference to claim 7, the claim refers to “the diode”. It is unclear if the diode in claim 7 is referring to the diode in claim 6, or the diode in claim 1.
With further reference to claim 7, the claim requires the “diode and compressor create a half wave direct current (DC) supply voltage”. However, according to Applicant’s specification, the capacitor and diode create a half wave direct current (DC) supply voltage” and not the compressor and diode as claimed. Accordingly, claim 7 is inconsistent with Applicant’s disclosure. A claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty, see MPEP 2173.03. Since claim 7 is internally inconsistent based on the description, definitions and examples set forth in the specification relating to the composition of the beverage, the claim is therefore indefinite.
In reference to claim 17, the claim requires “a diode”. However, in claim 14 the system already requires a diode. Accordingly, it is unclear if the diode of claim 17 is the same or in addition to the diode claimed in claim 14.
With further reference to claim 17, the claim refers to “the diode”. It is unclear if the diode in claim 17 is referring to the diode in claim 17, or the diode in claim 14.
With further reference to claim 17, the claim requires the “diode and compressor create a half wave direct current (DC) supply voltage”. However, according to Applicant’s specification, the capacitor and diode create a half wave direct current (DC) supply voltage” and not the compressor and diode as claimed. Accordingly, claim 17 is inconsistent with Applicant’s disclosure. A claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty, see MPEP 2173.03. Since claim 17 is internally inconsistent based on the description, definitions and examples set forth in the specification relating to the composition of the beverage, the claim is therefore indefinite.
For the purposes of examination, the examiner is going to treat the claim as if it read, “the electronic device comprises: a second diode; a capacitor, wherein the second diode and capacitor create a half wave direct current (DC) supply voltage; and circuitry.”
Claims 8-10 and 18-20 are also rejected by virtue of dependency.
Claim Rejections - 35 USC § 102
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, 3, 5, and 11-14, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2014/0299670 to Ramachandran et al., hereinafter referred to as Ramachandran.
In reference to claim 1, Ramachandran discloses the claimed invention including:
A system comprising:
a compressor (134);
a controller (20);
a transformer (104);
wherein the transformer is configured to receive a first signal from the controller (20) to enable the compressor [0019], and
wherein in response to receiving the first signal, the transformer is configured to output a full wave alternating current power signal [0021];
an electronic device in electrical communication with the compressor and the transformer (one or more circuits ancillary to the thermostat 20, including but not limited to a radio transceiver 158, a back light 162, and/or one or more sensors 166 as described in [0022 and 0027]);
and a diode (as illustrated in figures 2-6) connected in electrical communication with the controller and the transformer;
wherein the diode is configured to provide a half wave power signal [0027 and 0038] to the electronic device (from terminal A) when the first signal is not present (in heating mode) [0022].
In reference to claim 3, Ramachandran discloses the claimed invention including:
the diode is configured between R and Y terminals associated with the controller (see figures 1 and 5).
In reference to claim 5, Ramachandran discloses the claimed invention including:
the transformer (104) is a 24 VAC transformer [0023].
In reference to claim 11, Ramachandran discloses the claimed invention including:
the system is a climate system associated with a location. See abstract. Note that the climate system would have to be located somewhere and climate control provided to some location.
In reference to claim 12, Ramachandran discloses the claimed invention including:
the climate system is a heating, ventilation and air conditioning (HVAC) system [0019].
In reference to claim 13, Ramachandran discloses the claimed invention including:
the controller (20) is a thermostat [0019] .
In reference to claim 14, Ramachandran discloses the claimed invention including:
A heating, ventilation and air conditioning system (HVAC) system comprising:
a compressor (134);
a thermostat (20);
a transformer (104);
wherein the transformer is configured to receive a first signal from the thermostat to enable the compressor [0019],
wherein the transformer (104) is a 24 VAC transformer [0023], and
wherein in response to receiving the first signal, the transformer is configured to output a full wave alternating current power signal [0021];
an electronic device in electrical communication with the compressor and the transformer (one or more circuits ancillary to the thermostat 20, including but not limited to a radio transceiver 158, a back light 162, and/or one or more sensors 166 as described in [0022]);
and a diode (as seen in figures 2-6) connected in electrical communication with the thermostat (20) and the transformer (104), see figure 1 and 5,
wherein the diode is configured between R and Y terminals associated with the thermostat (see figure 5), and
wherein the diode is configured to provide a half wave power signal to the electronic device when the first signal is not present [0027].
Claim Rejections - 35 USC § 103
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.
Claims 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ramachandran in view of US2015/0075205 to Ramayya, hereinafter referred to as Ramayya.
In reference to claims 4 and 16, Ramachandran as modified by Ramayya discloses the claimed invention/
Ramachandran fails to disclose the controller/thermostat and transformer correspond to indoor components of the system. However, there is no evidence of record that having the controller/thermostat and transformer correspond to indoor components of the system solves any problem or is for any stated purpose as the location of these components would appear to be a design choice make by a designer. Further, Ramayya teaches that having a controller/thermostat (1148) and a transformer (1144) for powering the compressor (CCH) correspond to an indoor unit (1140) is known. See [0084] and figure 15A. This is strong evidence that modifying Ramachandran as claimed would produce predictable results (i.e., place the components of the system in a convenient package). Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Ramachandran by Ramayya such that, the controller/thermostat and transformer correspond to indoor components of the system, since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded a predictable result of packaging the controlling and powering components
Allowable Subject Matter
Claims 2 and 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.
Claims 6-10 and 17-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
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/CASSEY D BAUER/ Primary Examiner, Art Unit 3763
