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
The claims are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
Claims 1-15 are objected to because of the following informalities: The formatting throughout the claims appears to be in error. Incorrect punctuation, i.e. lines beginning with “,”, use of “,” instead of “:” and improper line/paragraph breaks are presented throughout the claims. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: “is” appears to be in error prior to “configured”. Appropriate correction is required.
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: total heat exchange element (i.e. element [generic placeholder] for total heat exchange [functional language]) in claims 2-15; and temporary support portion (i.e. portion [generic placeholder] for temporary support [functional language]) in claim 15.
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. In the case of total heat exchange element, air-to-air heat exchanger is considered to be the corresponding structure(s) from the disclosure. In the case of temporary support portion, please see below.
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.
Claims 1-15 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.
As noted above, the claims do not include proper formatting throughout. In the case of the connection module, it cannot be determined if the connection module of claim 1 is intended to include only the refrigerant pipe or if the connection module is intended to include both the refrigerant pipe and the total heat exchange module. See also, claim 2, which implies that the total heat exchange module may extend to both indoor/outdoor modules. Clarification is requested. It is believed the art will read on either interpretation. Claims 2-15 are rejected insofar as they are dependent on claim 1 and therefore include the same error(s).
Claim 12 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 12 requires that suction and discharge ports comprise a portion of the exterior of the indoor/outdoor module. It is unclear how the port can comprise part of the exterior of the module. It is believed Applicant should rephrase the claim such that a portion of an exterior of the indoor module includes X port and Y port and a portion of an exterior of the outdoor module includes Z port and A port. (See also above with respect to structural relation between connection module, indoor module, outdoor module, and total heat exchange modules).
Claim 15 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 limitation “temporary support portion” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Applicant lists item #80 as temporary support portion, but does not discuss this further. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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) 1-4, 6-10, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winsay (KR 10-2311991: cited by Applicant, translation provided by Examiner) in view of Horster et al. (EP 0055000: cited by Applicant, translation provided by Examiner).
Regarding claim 1, Winsay discloses a window-type air conditioner configured to be installed in a window frame (see at least Abstract), the window-type air conditioner comprising:
an outdoor module (see at least #30) including a compressor configured to compress a refrigerant (see at least compressor #35), an outdoor heat exchanger configured to perform heat exchange between outdoor air and the refrigerant (see at least heat exchanger #34), and an outdoor housing accommodating the compressor and the outdoor heat exchanger (see at least housing unit #32);
an indoor module (see at least #10) including an indoor housing spaced apart from the outdoor housing (see at least housing unit #12), and an indoor heat exchanger disposed inside the indoor housing and configured to exchange heat between indoor air and the refrigerant (see at least heat exchanger #14); and
a connection module arranged between the outdoor module and the indoor module and configured to connect the outdoor module to the indoor module in a thickness direction of a window included in the window frame (see at least connection part #20),
wherein the connection module 60 comprises:
a refrigerant pipe configured to provide a path for the refrigerant to move between the outdoor module and the indoor module (see at least refrigerant pipe(s) #22).
Winsay does not disclose a total heat exchange module comprising a fan and configured to provide a discharge path for discharging indoor air to outdoors and a suction path for suctioning outdoor air to indoors, and configured to perform indoor ventilation through heat exchange between the indoor air moving along the discharge path and the outdoor air moving along the suction path 2.
Horster et al. teaches another air conditioner installed in a wall (analogous to window frame) including a total heat exchange module comprising a fan (see at least fan #21) and configured to provide a discharge path for discharging indoor air to outdoors (see at least exhaust duct #5) and a suction path for suctioning outdoor air to indoors (see at least fresh air duct #3), and configured to perform indoor ventilation through heat exchange between the indoor air moving along the discharge path and the outdoor air moving along the suction path 2 (see at least via total heat exchanger #9).
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 Winsay with a total heat exchange module comprising a fan and configured to provide a discharge path for discharging indoor air to outdoors and a suction path for suctioning outdoor air to indoors, and configured to perform indoor ventilation through heat exchange between the indoor air moving along the discharge path and the outdoor air moving along the suction path 2, as taught by Horster et al., to improve the air conditioner of Winsay by allowing for pre-cooling of fresh air, thus improving the efficiency of the air conditioning process.
Regarding claim 2, Winsay as modified by Horster et al. further discloses wherein the total heat exchange module includes,
a total heat exchange element configured to intersect the suction path and the discharge path (see at least Horster et al. total heat exchanger #9), and
the total heat exchange element having a first surface through which the indoor air is configured to be introduced (see at least bottom right surface of #9), a second surface through which the indoor air is configured to be discharged (see at least top left surface of #9), a third surface through which the outdoor air is configured to be introduced (see at least bottom left surface of #9), and a fourth surface through which the outdoor air is configured to be discharged (see at least top right surface of #9),
the total heat exchange module includes, in the indoor housing 1,
an indoor air suction port through which the indoor air is configured to be taken in (see at least opening @bottom right of duct #5 and/or #13) and an outdoor air discharge port through which the outdoor air is configured to be discharged (see at least opening @ top left of duct #5 and/or #11), and
, in the outdoor housing, an outdoor air suction port through which the outdoor air is configured to be taken in (see at least @#7) and an indoor air discharge port through which the indoor air is configured to be discharged (see at least @#15), and
includes a first duct connecting the first surface to the indoor air suction port (see at least bottom right side of duct #5), a second duct connecting the second surface to the indoor air discharge port (see at least top left side of duct #5), a third duct connecting the third surface to the outdoor air suction port (see at least bottom left side of duct #3), and a fourth duct connecting the fourth surface to the outdoor air discharge port (see at least top right side of duct #3).
Regarding claim 3, Winsay as modified by Horster et al. further discloses wherein the first duct is arranged below the fourth duct, and the third duct is arranged below the second duct (see mapping of claim 2, above).
Regarding claim 4, Winsay as modified by Horster et al. further discloses wherein,
at least some of the first duct, the second duct, the third duct, and the fourth duct include a length-adjustable structure (see at least Winsay coil #24 and telescoping portions #201/#202 of connection part #20, as modified to include the total heat exchanger and associated ducts of Horster et al. will include length-adjustment in the ducts).
Regarding claim 6, Winsay as modified by Horster et al. further discloses wherein the total heat exchange element is arranged to vertically overlap the refrigerant pipe (see at least Horster et al. total heat exchanger #9 overlapping refrigerant pipe(s) #33/#35).
Regarding claim 7, Winsay as modified by Horster et al. further discloses wherein
the total heat exchange element is fixed to the outdoor housing and/or the indoor housing (see at least Horster et al. total heat exchanger #9 is in the air conditioner, thus must be fixed to the indoor/outdoor housing(s)).
Regarding claim 8, Winsay as modified by Horster et al. further discloses further comprising a connection cover accommodating the first duct, the second duct, the third duct, the fourth duct, the refrigerant pipe and the total heat exchange element and configured to connect the outdoor module to the indoor module (see at least Winsay connection unit #20 has a connection cover defining a hollow interior accommodating the refrigerant pipe(s) and capable of accommodating duct(s)); Horster et al. housing portion #1 about total heat exchanger #1, associated ducts, and refrigerant pipes and bridging indoor/outdoor units).
Regarding claim 9, Winsay further discloses wherein a width of the connection cover is less than each of a width of the indoor module and a width of the outdoor module (see at least Figure 5, T2 < W1, W3).
Regarding claim 10, Winsay as modified by Horster et al. further discloses wherein the total heat exchange element is arranged between the indoor housing and the outdoor housing (see at least total heat exchanger #9 is arranged within the wall #31 (analogous to window frame), and thus is between the indoor housing and the outdoor housing).
Regarding claim 13, Winsay further discloses wherein a bottom surface of the connection cover is positioned higher than a bottom surface of the outdoor module and a bottom surface of the indoor module (see at least bottom of #20 is higher than the bottoms of #40 of #10/#30).
Regarding claim 14, Winsay as modified by Horster et al. further discloses wherein, at least some of the first duct, the second duct, the third duct, and the fourth duct include a backflow prevention damper (see at least Horster et al. dampers #25/#23).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winsay in view of Horster et al. as applied to claim 4 above, and further in view of Frigerio (US 3,208,236).
Regarding claim 5, Winsay in view of Horster et al. does not disclose wherein the length-adjustable structure comprises a bellows including a plurality of pleats.
However, it was old and well-known in the art to provide a length-adjustable structure as a bellows including a plurality of pleats, as evidenced by Frigerio (see at least Figures 3 and 4; column 2, lines 20-27).
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 Winsay in view of Horster et al. with wherein the length-adjustable structure comprises a bellows including a plurality of pleats, since, as evidenced by Frigerio, such provision was old and well-known in the art and would provide the predictable benefit of allowing for both translation in multiple planes.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winsay in view of Horster et al. as applied to claim 2 above, and further in view of Cho et al. (US 2023/0175726).
Regarding claim 11, Winsay as modified by Horster et al. further discloses wherein the outdoor air discharge port includes a second blower fan configured to generate an air flow along the suction path (see at least Horster et al. fan #19). and
Winsay as modified by Horster does not disclose the indoor air discharge port 62 includes a first blower fan configured to generate an air flow along the discharge path.
Cho et al. teaches another air conditioner wherein the indoor air discharge port includes a first blower fan configured to generate an air flow along the discharge path (see at least blower #220).
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 Winsay in view of Horster et al. with the indoor air discharge port 62 includes a first blower fan configured to generate an air flow along the discharge path, as taught by Cho et al., to improve the air conditioner of Winsay in view of Horster et al. by improving discharge of the indoor air through improved circulation at the discharge point.
Regarding claim 12, Winsay as modified further discloses wherein the indoor air suction port and the outdoor air discharge port comprise a portion of the exterior of the indoor module (see at least Horster et al. indoor air suction port #13 and outdoor air discharge port #11 both on the indoor side #29 of the air conditioner), and
the outdoor air suction port and the indoor air discharge port comprise a portion of the exterior of the outdoor module 20 (see at least Horster et al. indoor air discharge port #15 and outdoor air suction port #7 both on the outdoor side of the air conditioner).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winsay in view of Horster et al. as applied to claim 4 above, and further in view of OFFICIAL NOTICE.
Regarding claim 15, Winsay in view of Horster et al. is silent regarding further comprising: a temporary support portion comprising a support configured to support the indoor module and the outdoor module and is configured to be removed before the window-type air conditioner is installed in the window frame.
Examiner takes OFFICIAL NOTICE that it is old and well-known for the packaging for an air conditioner of the type disclosed by Winsay includes a temporary support portion comprising a support configured to support the indoor module and the outdoor module and is configured to be removed before the window-type air conditioner is installed in the window frame, i.e. the shaped foam within the shipping box.
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 Winsay in view of Horster et al. with further comprising: a temporary support portion comprising a support configured to support the indoor module and the outdoor module and is configured to be removed before the window-type air conditioner is installed in the window frame, since, as noted by Examiner such provision is old and well-known in the art and would provide the predictable benefit of preventing damage to the air conditioner during shipping.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the Applicant’s disclosure.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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