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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
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`15/709,993
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`09/20/2017
`
`Kunran Wu
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`CSPT— 150US
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`2120
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`RATNERPRESTIA
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`2200 RENAISSANCE BLVD
`SUITE 350
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`KING OF PRUSSIA, PA 19406
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`HINCAPIE SERNA, GUSTAVO A
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`ART UNIT
`3763
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/08/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`peorrespondenee@ratnerprestia.eom
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`PTOL-90A (Rev. 04/07)
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`

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`Off/09 A0170” Summary
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`Application No.
`15/709,993
`Examiner
`GUSTAVO A HINCAPIE SERNA
`
`Applicant(s)
`Wu et al.
`Art Unit
`3763
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`AIA Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 09/20/2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1—12 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1—5,9 and 11—12 is/are rejected.
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`Claim(s) 6—8 and 10 is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10):] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 09/20/2017 is/are: a). accepted or b)C] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)|:] Some”
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`c)C] None of the:
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`1..
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`Certified copies of the priority documents have been received.
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`21:]
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`Certified copies of the priority documents have been received in Application No.
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`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20181031
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`

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`DETAILED ACTION
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S. C. 102:
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`A person shall be entitled to a patent unless —
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`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or
`othenNise available to the public before the effective filing date of the claimed invention.
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`(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent
`published or deemed published under section 122(b), in which the patent or application, as the case may be,
`names another inventor and was effectively filed before the effective filing date of the claimed invention.
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`Claims 1-3, 9 and 11-12 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by
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`Lagace et al. (US 2001/0013404, herein “Lagace”).
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`Regarding claim 1, Lagace discloses a ventilating device (figs 1-7), comprising:
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`a frame (1) forming an outer contour,
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`an airflow path (26, 27) formed by a flowing of air inside the frame (1 ), and
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`a plurality of orifices (6, 7, 8, 9) configured to measure a static pressure in a chamber where the
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`airflow path (26, 27) is located [par. 0203].
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`The recitation “wherein at least one orifice of the plurality of orifices is further configured to drain
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`water out of the frame” is considered to be a recitation with respect to the manner in which a claimed
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`apparatus is intended to be used. It is noted that a recitation with respect to the manner in which a
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`claimed apparatus is intended to be used does not differentiate the claimed apparatus from a prior art
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`apparatus satisfying the claimed structural limitations of the claimed, as is the case here. Flefer to MPEP
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`2114 (II). In the instant case, at least one orifice of the ventilating device taught by Lagace can be
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`configured to drain water out of the frame (it is noted, if the ventilating device is rotated 90 degrees,
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`towards the side of the panel -3-, the panel -3- would act as a bottom panel of the device).
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`Regarding claim 2, Lagace discloses the airflow path (26, 27) comprising an air supply path (26)
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`for allowing the air to flow from outside to a room [par. 0206, lines 6-7], and an air discharge path (27) for
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`allowing the air to flow from the room to outside [par. 0206, lines 10-14];
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`a heat exchanging element (37) for exchanging energy between indoor air and outdoor air [par.
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`0053, lines 1-7] being provided at an intersection position (30) between the air supply path (26) and the
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`air discharge path (27) (figs. 2-7) ; an
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`the plurality of orifices (6, 7, 8, 9) being provided in the airflow path (26, 27) at a position (7, 9)
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`where the air hasn't reached the heat exchanging element (37) yet orin the airflow path (26, 27) at a
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`position (6, 9) where the air has already left the heat exchanging element (37).
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`Regarding claim 3, Lagace discloses a surface of the frame (1) being provided with a panel (3)
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`capable of being opened and closed [par. 0202, lines 8-10], and the plurality of orifices (6, 7, 8, 9)
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`being provided on the panel (3) (fig. 1).
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`Regarding claim 9, Lagace discloses an inner wall of the panel (3) being provided with a thermal
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`insulating member (5) [par. 0202, lines 3-8] preventing heat exchange between the air inside the
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`ventilating device and the air outside the ventilating device, and
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`the thermal insulating member (5) being provided with a guide hole (6, 7, 8, 9) penetrating
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`through the thermal insulating member (5) (fig. 1).
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`Regarding claim 11, Lagace discloses the ventilating device (figs. 1-7) being an air blower (51)
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`or a heat exchanger (37).
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`Regarding claim 12, the recitation “when the ventilating device is mounted on a wall other than a
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`ceiling, the plurality of orifices are provided on a surface acted as a bottom surface of the frame” is
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`considered to be a recitation with respect to the manner in which a claimed apparatus is intended to be
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`used. It is noted that a recitation with respect to the manner in which a claimed apparatus is intended to
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`be used does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed
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`structural limitations of the claimed, as is the case here. Refer to MPEP 2114 (II). In the instant case, the
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`ventilating device taught by Lagace can be adapted to be mounted on a wall, so the plurality of orifices
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`are provided on a surface acting as a bottom surface of the frame if it is rotated 90 degrees.
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`

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`The following is a quotation of 35 U. S. C. 103:
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`Claim Rejections - 35 USC § 103
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`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.
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`Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Lagace in view of
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`Ichikawa (US 6,435,790).
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`Regarding claim 4, Lagace does not disclose a fixing bolt for fixing a measuring tube of different
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`sizes of a static pressure gauge being provided in each of the plurality of the orifices.
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`Ichikawa, directed to a component attachment apparatus, teaches a fixing bolt (10) (fig. 1), for
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`attaching a component in a panel hole [Abs., lines 1-2], that incorporates a pin (40) that may be used for
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`air tight pressurization of Lagace’s ventilating device when no gauges are disposed in Legace’s orifices
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`(6, 7, 8, 9).
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`Therefore, it would have been obvious to one of skill in the art to incorporate in Lagace the
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`teachings of Ichikawa to incorporate a fixing bolt for attaching a component (eg. a measuring tube of a
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`gauge) that incorporates a pin that may be used for air tight pressurization of Lagace’s ventilating device
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`when no gauges are disposed in Legace’s orifices.
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`Regarding claim 5, the combination of Lagace and Ichikawa discloses the fixing bolt comprising
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`a fixing bolt body (Ichikawa, 40 plus 50) of a hollow truncated cone shape (Ichikawa, figs. 2-3), the fixing
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`bolt body (Ichikawa, 40 plus 50) comprising:
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`a first bottom surface (Ichikawa, 51b) provided with a first opening [lchikawa, col. 4, lines 59-61],
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`and
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`59-61].
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`a second bottom surface (Ichikawa, 51a) provided with a second opening [lchikawa, col. 4, lines
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`The recitations “a first bottom surface extending into a frame” and “a second bottom surface
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`positioned outside the frame” are considered to be recitation with respect to the manner in which a
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`claimed apparatus is intended to be used. It is noted that a recitation with respect to the manner in which
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`a claimed apparatus is intended to be used does not differentiate the claimed apparatus from a prior art
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`apparatus satisfying the claimed structural limitations of the claimed, as is the case here. Refer to MPEP
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`
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`2114 (II). In the instant case, the fixing bolt device taught by the combination of Lagace and Ichikawa can
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`be installed extending into Lagace’s frame with its second surface positioned outside the frame.
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`Allowable Subject Matter
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`Claims 6-8 and 10 are objected to as being dependent upon a rejected base claim, but would be
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`allowable if rewritten in independent form including all of the limitations of the base claim and any
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`intervening claims.
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571 )272—601 8. The
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`examiner can normally be reached on Monday thru Friday 10:00am-6:00pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len
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`Tran can be reached on 571-572—1184. The fax phone number for the organization where this application
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`or proceeding is assigned is 571-273-8300.
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`

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`1000.
`
`/Gustavo Hincapié/
`Examiner, Art Unit 3763
`
`/LEN TRAN/
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`Supervisory Patent Examiner, Art Unit 3763
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`