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 .
Drawings
The drawings are objected to because Figure 6 includes an illegible reference character on the right side. 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.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Claim Objections
Claim 17 is objected to because of the following informalities: “being located” appears to be in error for “is located” based on the remainder of the text of the claim. 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.
Claim 13 is 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.
Claim 13 recites the limitation “an a and b satisfy a relation a > b”. This cannot be understood since no reference for “a” is provided. Examiner notes that it appears that the specification shares this issue, so care should be taken to avoid adding new matter in an attempt to correct this issue.
Claim 20 is 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.
Claim 20 recites the limitation “is disposed relative to the bottom plate” twice. Disposed how? Based on this disclosure, it appears both baffles should be disposed obliquely.
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.
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.
Claim(s) 1-5, and 10-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xing et al. (US 2021/0332988) in view of Yu (CN 102455025: cited by Applicant; English translation provided by Examiner).
Regarding claim 1, Xing et al. discloses a window air conditioner (see at leaste window air conditioner #1) comprising:
a casing (see at least casing #2);
an indoor heat exchanger disposed in the casing (see at least heat exchanger #500);
an indoor fan assembly disposed in the casing (see at least indoor fan #6), the indoor fan assembly being configured to deliver indoor air to the indoor heat exchanger for heat exchange and then output the air back indoors (see at least paragraph [0061]);
an outdoor heat exchanger disposed in the casing (see at least paragraph [0075]); and
an outdoor fan assembly disposed in the casing (see at least paragraph [0108]), the outdoor fan assembly being configured to deliver outdoor air to the outdoor heat exchanger for heat exchange and then output the air back outdoors (see at least via inlets/outlets (see Figure 7));
wherein the casing comprises:
a base on which the indoor heat exchanger, the indoor fan assembly, the outdoor heat exchanger, and the outdoor fan assembly are disposed (see at least chassis #100);
an indoor housing disposed on the base and covering the indoor heat exchanger and the indoor fan assembly (see at least paragraph [0075]); and
an outdoor housing disposed on the base and covering the outdoor heat exchanger and the outdoor fan assembly, the outdoor housing being connected to the indoor housing (see at least paragraph [0075]);
and an avoiding groove recessed towards the base is formed between the indoor housing and the outdoor housing (see at least receiving groove #21).
Xing et al. does not disclose wherein a top of the indoor housing is lower than a top of the outdoor housing.
Yu teaches another air conditioner wherein a top of the indoor housing is lower than a top of the outdoor housing (see at least paragraphs [0014]; [0032]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the air conditioner of Xing et al. with wherein a top of the indoor housing is lower than a top of the outdoor housing, as taught by Yu, to improve the air conditioner of Xing et al. by allowing for easier installation and decreased interruption of the inside of the room (see at least Yu paragraphs [0014]; [0032]).
Regarding claim 2, Xing et al. in view of Yu is silent regarding wherein a maximum vertical distance from the top of the indoor housing to the base is h1, a maximum vertical distance from the top of the outdoor housing to the base is h2, and h1 and h2 satisfy a relation:
0.5 h2 ≤ h1 ≤ 0.75 h2.
However, height of indoor housing relative to outdoor housing is a results effective variable, as evidenced by Yu (see at least paragraphs [0014]; [0032]: reduction in height improves efficiency and reduces installation difficulty).
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the air conditioner of Xing et al. in view of Yu with wherein a maximum vertical distance from the top of the indoor housing to the base is h1, a maximum vertical distance from the top of the outdoor housing to the base is h2, and h1 and h2 satisfy a relation: 0.5 h2 ≤ h1 ≤ 0.75 h2, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art (see In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977)).
Regarding claim 3, Xing et al. further discloses wherein the indoor housing comprises an indoor top plate, the indoor top plate comprising:
a first top plate portion (see at least Figure 1, topmost portion of indoor housing #11);
a second top plate portion (see at least Figure 1, vertical portion of housing #11 toward groove #21); and
a third top plate portion (see at least Figure 1, base of groove #21), the second top plate portion being connected between the first top plate portion and the third top plate portion (see at least Figure 1, the vertical portion is between the topmost portion and the base of the groove), the first top plate portion being higher than the third top plate portion (see at least Figure 1, topmost plate portion is higher than the base of the groove), and the third top plate portion being connected to the outdoor housing (via the groove #21);
wherein the second top plate portion, the third top plate portion, and the outdoor housing together form the avoiding groove (see at least Figure 1: groove #21 is defined by the base of the groove, and the vertical portions of indoor and outdoor housings #11/#12).
Regarding claim 4, Xing et al. does not disclose wherein the second top plate portion extends obliquely downwards in a direction from the first top plate portion towards the third top plate portion.
There is no evidence of record that establishes that wherein the second top plate portion extends obliquely downwards in a direction from the first top plate portion towards the third top plate portion would result in a difference in function of the Xing et al. system. Further, a person having ordinary skill in the art, being faced with modifying the system of Xing et al., would have reasonable expectation of success in making such a modification and it appears that the system would function as intended being given the claimed oblique extension. Lastly, Applicant has not disclosed that the claimed oblique extension solves any stated problem, indicating that the second top plate extends obliquely in “some embodiments”, and therefore there appears to be no criticality placed on the oblique extension as claimed such that it produces an unexpected result.
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the system of Xing et al. with wherein the second top plate portion extends obliquely downwards in a direction from the first top plate portion towards the third top plate portion as an obvious matter of design choice within the skill of the art.
Regarding claim 5, Xing et al. further discloses wherein the outdoor housing comprises:
an outdoor top plate (see at least Figure 1, top of #12);
outdoor side plates connected to two sides of the outdoor top plate and connected to the base respectively (see at least Figure 1, left and right plates of #12); and
an outdoor front plate connected to the outdoor top plate and the outdoor side plates (see at least portion of #12 facing groove #21), and a lower end of the outdoor front plate being connected to the third top plate portion (see at least Figure 1, the lower end of the portion of #12 facing groove #21 blends into the third top plate portion); and
wherein the second top plate portion, the third top plate portion, and the outdoor front plate together form the avoiding groove (see at least Figure 1, the vertical plate portion of #11, the outdoor front plate of #12 and the plate at the base of groove #21 together form the groove #21).
Regarding claim 10, Xing et al. further discloses wherein the outdoor housing comprises an outdoor front plate facing the indoor housing (see at least side of #23 toward groove #21), wherein the outdoor front plate is provided with an outdoor front air inlet (see at least side of #23 toward groove #21 includes an inlet grill), wherein the outdoor front air inlet is located above the avoiding groove (see at least Figures 5 and 7: the inlet is above groove #21 in the same manner as is Applicant’s).
Regarding claim 11, Xing et al. further discloses wherein the indoor heat exchanger comprises:
a first indoor heat exchanger (see at least heat exchanger #570); and
a second indoor heat exchanger, the first indoor heat exchanger being connected to the second indoor heat exchanger (see at least heat exchanger #560);
wherein the first indoor heat exchanger and the second indoor heat exchanger are obliquely disposed relative to the base, and the first indoor heat exchanger is oblique to the second indoor heat exchanger, and a distance from an upper end to a lower end of the first indoor heat exchanger is greater than a distance from an upper end to a lower end of the second indoor heat exchanger (see at least paragraph [0068]; Figure 3).
Regarding claim 12, Xing et al. further discloses wherein the distance from the upper end to the lower end of the first indoor heat exchanger is h1, and the distance from the upper end to the lower end of the second indoor heat exchanger is h2, and h1 and h2 satisfy a relation: h2 ≤ 0.5 h1 (see at least paragraph [0068]).
Regarding claim 13, Xing et al. further discloses wherein heat exchange tubes in the first indoor heat exchanger are arranged in columns in a thickness direction of the first indoor heat exchanger, and the heat exchange tubes in the second indoor heat exchanger are arranged in b columns in a thickness direction of the second indoor heat exchanger, and a and b satisfy a relation: a > b (see at least paragraph [0074]).
Regarding claim 14, Xing et al. further discloses wherein the base is formed with a water collection tank below the outdoor fan assembly and the outdoor heat exchanger (see at least auxiliary water receiving portion #450);
wherein the window air conditioner further comprises:
a water collection tray disposed on the base and located below a rear end of the first indoor heat exchanger and a front end of the second indoor heat exchanger (see at least water pan #400), the water collection tray having a drainage nozzle extending above the water collection tank (see at least communication member #410/channel #411).
Regarding claim 15, Xing et al. further discloses wherein the indoor housing is provided with a through hole (see at least i.e. at the bottom of indoor housing #11), and the drainage nozzle passes through the through hole and extends into a space covered by the outdoor housing (see at least Figures 11c/14: member #410/#411 extend back into the outdoor housing).
Regarding claim 16, Xing et al. further discloses wherein the water collection tray is provided with a first support base and a second support base (see at least supports #420/#430; #421/#431)), the first support base being located on left and right sides of a front edge of the water collection tray (#420/#430), the first support base being supported on left and right sides of the first indoor heat exchanger, and the second support base being supported on left and right sides of the second indoor heat exchanger (see at least paragraphs [0098]: the support bases are supported by both heat exchangers of heat exchanger #500).
Allowable Subject Matter
Claims 6-9 and 17-20 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. Note that claim 20 is currently rejected under 35 U.S.C. 112(b), and that this deficiency must also be addressed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art alone or in combination, absent impermissible hindsight, fails to teach the lap plate as required in claim 6 in combination with the limitations of the intervening claims, and spacing, inlet/outlet, and inlet channel between the tray and base as required in claim 17 in combination with the limitations of the intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAVIA SULLENS whose telephone number is (571)272-3749. The examiner can normally be reached M-R 6:30-4:30 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAVIA SULLENS/Primary Examiner, Art Unit 3763
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