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 .
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.
Drawings
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 “electric heating coil is a V-shaped evaporator coil” 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 Rejections - 35 USC § 112
2. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9 and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 9 and 19; the limitation, “the electric heating coil is a V-shaped evaporator coil” appears to lack support in the application as originally filed. The present application does not further disclose a structure capable of enabling the functions recited within the claim. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Claim Rejections - 35 USC § 103
3. 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 of this title, 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.
Claims 1-6, 8, 10-16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dempsey (U.S. PG Pub No.: 2014/0260408 A1), hereinafter referred to as Dempsey ‘408, in view of Seccuro et al (U.S. PG Pub No.:2012/0152499 A1), hereinafter referred to as Seccuro et al ‘499.
Regarding claim 1, Dempsey ‘408 discloses an air handler (10) comprising: a body (12) {as shown in Fig. 1A: ¶ [0010]}; and a fan housing (22) disposed within the body, wherein the fan housing comprises: an aperture (26A) in fluid communication with a fan (28A) disposed therein {as shown in Fig. 1A: ¶ [0012], [0017]}; an enclosure (16) {as shown in Fig. 1A: ¶¶ [0010], [0015], [0018] and [0020]}.
However, Dempsey ‘408 fails to disclose the limitations of the enclosure formed such that the enclosure extends between a first corner and a second corner of the fan housing, the enclosure configured to house electronic controls; wherein the enclosure is isolated from a continuous airflow passageway through the aperture of the fan housing.
Seccuro et al ‘499 teach: the concept of the enclosure (160) formed such that the enclosure extends between a first corner (220) and a second corner (230) of the fan housing (340), the enclosure configured to house electronic controls (240) {as shown in Fig. 4: ¶¶ [0017], [0019]}; wherein the enclosure is isolated from a continuous airflow passageway (410) through the aperture of the fan housing {as shown in Fig. 6: ¶ [0025]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Dempsey ‘408 in view of Seccuro et al ‘499 to include the enclosure formed such that the enclosure extends between a first corner and a second corner of the fan housing, the enclosure configured to house electronic controls; wherein the enclosure is isolated from a continuous airflow passageway through the aperture of the fan housing, in order to facilitate easy/quick service access to the electronic components and controls {Seccuro et al ‘499 - ¶ [0019]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Dempsey ‘408 in view of Seccuro et al ‘499 to obtain the invention as specified in claim 1.
Regarding claim 2, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 1, Dempsey ‘408 discloses wherein the fan is an axial fan {see ¶ [0013]}.
Regarding claim 3, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 1, Dempsey ‘408 as modified by Seccuro et al ‘499 further teach the limitations of comprising: an enclosure wall (160) extending between a first side (220) and a second side (230) of the fan housing (340); wherein the enclosure wall defines a side surface of the enclosure {as shown in Figs. 3 and 4: ¶ [0019]}.
Regarding claim 4, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 3, Dempsey ‘408 as modified by Seccuro et al ‘499 further teach the limitations of wherein the electronic controls comprise a first electronic component and a second electronic component {see ¶ [0019]}.
Regarding claim 5, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 4, Dempsey ‘408 as modified by Seccuro et al ‘499 further teach the limitations of wherein the first electronic component and the second electronic component (240) are coupled to the enclosure wall (220) {as shown in Fig. 3: ¶ [0019]}.
Regarding claim 6, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 3, Dempsey ‘408 as modified by Seccuro et al ‘499 further teach the limitations of wherein the enclosure wall prevents access to the fan {as shown in Figs. 4 and 6}.
Regarding claim 8, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 1, Dempsey ‘408 discloses further comprising: an electric heating coil (30) disposed within the fan housing and proximate the fan, the electric heating coil configured to generate heat {as shown in Fig. 1A: ¶¶ [0014] and [0018]}.
Regarding claim 10, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 1, Dempsey ‘408 discloses further comprising: a fan safety switch (16) configured to actuate the fan {see ¶¶ [0004], [0017- 0018]}.
Regarding claim 11, Dempsey ‘408 discloses an heating, ventilation, and air conditioning (HVAC) system comprising: an air handler (10) comprising: a body (12) {as shown in Fig. 1A: ¶¶ [0003] and [0010]}; a fan housing (22) disposed within the body, the fan housing comprising: an aperture (26A) in fluid communication with a fan (28A) disposed therein {as shown in Fig. 1A: ¶ [0012], [0017]}; an enclosure (16) {as shown in Fig. 1A: ¶¶ [0010], [0015], [0018] and [0020]}.
However, Dempsey ‘408 fails to disclose the limitations of the enclosure formed such that the enclosure extends between a first corner and a second corner of the fan housing, the enclosure configured to house electronic controls; wherein the enclosure is isolated from a continuous airflow passageway through the aperture of the fan housing.
Seccuro et al ‘499 teach: the concept of the enclosure (160) formed such that the enclosure extends between a first corner (220) and a second corner (230) of the fan housing (340), the enclosure configured to house electronic controls (240) {as shown in Fig. 4: ¶¶ [0017], [0019]}; wherein the enclosure is isolated from a continuous airflow passageway (410) through the aperture of the fan housing {as shown in Fig. 6: ¶ [0025]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Dempsey ‘408 in view of Seccuro et al ‘499 to include the enclosure formed such that the enclosure extends between a first corner and a second corner of the fan housing, the enclosure configured to house electronic controls; wherein the enclosure is isolated from a continuous airflow passageway through the aperture of the fan housing, in order to facilitate easy/quick service access to the electronic components and controls {Seccuro et al ‘499 - ¶ [0019]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Dempsey 408 in view of Seccuro et al ‘499 to obtain the invention as specified in claim 11.
Regarding claim 12, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 11, Dempsey ‘408 discloses wherein the fan is an axial fan {see ¶ [0013]}.
Regarding claim 13, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 11, Dempsey ‘408 as modified by Seccuro et al ‘499 further teach the limitations of comprising: an enclosure wall (160) extending between a first side (220) and a second side (230) of the fan housing (340); wherein the enclosure wall defines a side surface of the enclosure {as shown in Figs. 3 and 4: ¶ [0019]}.
Regarding claim 14, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 13, Dempsey ‘408 as modified by Seccuro et al ‘499 further teach the limitations of wherein the electronic controls comprise a first electronic component and a second electronic component {see ¶ [0019]}.
Regarding claim 15, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 14, Dempsey ‘408 as modified by Seccuro et al ‘499 further teach the limitations of wherein the first electronic component and the second electronic component (240) are coupled to the enclosure wall (220) {as shown in Fig. 3: ¶ [0019]}.
Regarding claim 16, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 33, Dempsey ‘408 as modified by Seccuro et al ‘499 further teach the limitations of wherein the enclosure wall prevents access to the fan {as shown in Figs. 4 and 6}.
Regarding claim 18, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 11, Dempsey ‘408 discloses further comprising: an electric heating coil (30) disposed within the fan housing and proximate the fan, the electric heating coil configured to generate heat {as shown in Fig. 1A: ¶¶ [0014] and [0018]}.
Regarding claim 20, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 11, Dempsey ‘408 discloses further comprising: a fan safety switch (16) configured to actuate the fan {see ¶¶ [0004], [0017- 0018]}.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Dempsey ‘408 and Seccuro et al ‘499 as applied to claims 1 and 11 above, further in view of Lackie et al (U.S. PG Pub No.:2011/0232860 A1), hereinafter referred to as Lackie et al ‘860.
Regarding claims 7 and 17, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claims 1 and 11, respectively, EXCEPT for limitations of further comprising: one of a first door or a first panel configured to conceal the enclosure.
Lackie et al ‘860 teach: the concept of a first door or a first panel (124) configured to conceal the enclosure {as shown in Fig. 1: ¶¶ [0023]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Dempsey ‘408 in view of Lackie et al ‘860 to include one of a first door or a first panel configured to conceal the enclosure, in order to facilitate easy/quick service access to an interior of the heat exchanger cabinet {Lackie et al ‘860 - ¶ [0023]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Dempsey 408 in view of Lackie et al ‘860 et al ‘499 to obtain the invention as specified in claims 7 and 17.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dempsey ‘408 and Seccuro et al ‘499 as applied to claims 1 and 11, respectively above, further in view of Ehrman (U.S. PG Pub No.:2022/0397289 A1), hereinafter referred to as Ehrman ‘289; and Zinger et al (U.S. PG Pub No.:20150219386 A1), hereinafter referred to as Zinger et al ‘386
Regarding claims 9 and 19, the combination of Dempsey ‘408 and Seccuro et al ‘499 disclose and teach the air handler of claim 8, Dempsey ‘408 discloses wherein the electric heating coil (30A), and the fan housing (22) is disposed vertically above the evaporator coil {as shown in Fig. 1}.
However, Dempsey ‘408 fails to disclose wherein the electric heating coil is a V-shaped evaporator coil, and V-shaped evaporator coil.
Ehrman ‘289 teaches: the concept of the electric heating coil is a V-shaped {as shown in Fig. 5: ¶ [0019]}.
Zinger et al ‘386 teach: the concept of V-shaped evaporator coil (122) {as shown in Fig. 1: ¶ [0015]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Dempsey ‘408 in view of Ehrman ‘289, further in view of Zinger et al ‘386 so as to include the use of a V-shaped electrical heater and V-shaped evaporator coil, in order to increase surface areas for both heating and cooling.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Dempsey 408 in view of Ehrman ‘289 and Zinger et al ‘386 to obtain the invention as specified in claims 9 and 19.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicants’ disclosure.
US-20030000230-A1 to Kopko, William L.
US-20150338109-A1 to Amick; James.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
10/03/2026
