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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 04/14/2026 has been entered.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in India on 09/15/2021. It is noted, however, that applicant has not filed a certified copy of the IN 2021131041607 application as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 10-13, 19-21, 28-32 & 34-37 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Wilson et al. (US 2018/0031275 A1).
Regarding claim 1, Wilson et al. teach:
1. An air purifying system comprising:
a heating, ventilation and air conditioning (HVAC) system with HVAC equipment (e.g., 12) configured to provide conditioned air to a conditioned space (e.g., 10), the HVAC system including a condensate trap (e.g., 112) coupled to a cooling element (e.g., 72) and configured to collect condensate (e.g., 130) produced during operation (¶ 0038+);
an air purifying device (e.g., 106) coupled to the condensate trap via a conduit (e.g., 168, ¶ 0045), the air purifying device comprising:
a bulk charging unit (e.g., 154), the bulk charging unit comprising:
a housing (e.g., 158) configured to collect the condensate from the condensate trap (see ¶ 0046 for example); and
an electric field module including a positive electrode (e.g., positive terminal 174 to electrodes 160) and a negative electrode (e.g., grounded negative terminal 176 ¶ 0047);
wherein the air purifying device is configured to energize the condensate with the electric field module to generate an aerosol including negative ions (e.g., 134 ¶ 0040); and
a fan (e.g., 32, 108) located upstream of the cooling element and operable to move the aerosol toward the conditioned space to which the conditioned air is provided by the HVAC system, the aerosol being combinable with the conditioned air provided by the HVAC system (see ¶ 0037, 0040 for example).
With regard to limitations in claims 1-3, 10-13, 19-21, 28-32, 34-37 (e.g., [...] to energize the condensate from the condensate trap to generate an aerosol including negative ions; [...] operable to move the aerosol [...], the aerosol being combinable with the conditioned air provided by the HVAC system, etc.), these claim limitations are considered process or intended use limitations, which do not further delineate the structure of the claimed apparatus from that of the prior art. The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)). In addition, the “wherein” clauses that merely recite description and/or the results to be achieved, adds nothing to the patentability or substance of the claim. It has been held that to be entitled to weight in method claims, the recited structure limitations therein must affect the method in a manipulative sense, and not to amount to the mere claiming of a use of a particular structure. Further, reciting “configured to” without identifying any structural differences between the structure in the claims and the structure disclosed by the prior art does not further limit the claims.
Regarding claims 2, 3, 10-13, Wilson et al. teach:
2. The air purifying system of claim 1, wherein the HVAC system is set up in an installation with a duct that defines a pathway to a location proximate an ingress to the conditioned space, and the fan is operable to move the aerosol through the duct, toward the location and thereby the ingress to the conditioned space (see Figs. 1, 3 for example).
3. The air purifying system of claim 1, wherein the air purifying device includes a conduit (e.g., 168) and an aerosol generator (e.g., 106), and wherein the conduit is configured to deliver the condensate from the condensate trap to the aerosol generator, and the aerosol generator is configured to energize the condensate (see Figs. 1, 3 for example).
10. The air purifying system of claim 1, wherein the conditioned space is divided into compartments to which the conditioned air is provided, and the fan is operable to move portions of the aerosol toward respective ones of the compartments (see ¶ 0018 for example).
11. The air purifying system of claim 1, wherein the air purifying system comprises air purifying devices that include the air purifying device, and fans that include the fan (¶ 0022), wherein the air purifying devices include conduits and aerosol generators, the conditioned space is divided into compartments to which the conditioned air is provided (¶ 0018), and the HVAC system is set up in an installation with the aerosol generators and the fans for respective ones of the compartments, and wherein the conduits are configured to deliver the condensate from the condensate trap to the aerosol generators at which the condensate is energized to generate respective aerosols including negative ions, and the fans are operable to move the respective aerosols toward respective ones of the compartments (see ¶ 0037, 0040 for example).
12. The air purifying system of claim 1, wherein the HVAC equipment includes conditioning coils, the aerosol includes droplets of the condensate, and the fan is operable to direct the aerosol over the conditioning coils (¶ 0034).
13. The air purifying system of claim 1, wherein the HVAC equipment includes a transport refrigeration unit (e.g., 92, 94) capable of providing the conditioned air to the conditioned space (¶ 0031).
Regarding claim 19, Wilson et al. teach:
19. A method of disinfecting a conditioned space to which a heating, ventilation, and air conditioning (HVAC) system with HVAC equipment (e.g., 12) is configured to provide conditioned air (e.g., 10), the HVAC system including a condensate trap (e.g., 112) coupled to a cooling element (e.g., 72) and configured to collect condensate (e.g., 130) produced during operation (¶ 0038+), the method comprising:
delivering the condensate from the condensate trap to an aerosol generator (e.g., 106) coupled to the condensate trap via a conduit (e.g., 168, ¶ 0045), the aerosol generator comprising:
a bulk charging unit (e.g., 154) comprising:
a housing (e.g., 158) configured to collect the condensate from the condensate trap (see ¶ 0046 for example); and
an electric field module including a positive electrode (e.g., positive terminal 174 to electrodes 160) and a negative electrode (e.g., grounded negative terminal 176 ¶ 0047);
energizing the condensate with the electric field module at the aerosol generator to generate an aerosol including negative ions (e.g., 134 ¶ 0040); and
operating a fan (e.g., 32, 108) located upstream of the cooling element to move the aerosol toward the conditioned space to which the conditioned air is provided by the HVAC system, the aerosol combined with the conditioned air provided by the HVAC system (see ¶ 0037, 0040 for example).
Regarding claims 20, 21, 28-31, Wilson et al. teach:
20. The method of claim 19, wherein the HVAC system is set up in an installation with a duct that defines a pathway to a location proximate an ingress to the conditioned space, and the fan is operated to move the aerosol through the duct using a fan, toward the location and thereby the ingress to the conditioned space (see Figs. 1, 3 for example).
21. The method of claim 19, wherein the condensate is delivered from the condensate trap to the aerosol generator (see Figs. 1, 3 for example).
28. The method of claim 19, wherein the conditioned space is divided into compartments to which the conditioned air is provided, and the fan is operated to move portions of the aerosol toward respective ones of the compartments (see ¶ 0018 for example).
29. The method of claim 19, wherein the conditioned space is divided into compartments to which the conditioned air is provided (¶ 0018), and the HVAC system is set up in an installation with aerosol generators and fans for respective ones of the compartments, and wherein the condensate is delivered from the condensate trap to the aerosol generators at which the condensate is energized to generate respective aerosols including negative ions, and the fans are operated to move the respective aerosols toward respective ones of the compartments (see ¶ 0037, 0040 for example).
30. The method of claim 19, wherein the HVAC equipment includes conditioning coils, the aerosol includes droplets of the condensate, and the method further comprises directing the aerosol over the conditioning coils (¶ 0034).
31. The method of claim 19, wherein the HVAC equipment includes a transport refrigeration unit (e.g., 92, 94) capable of providing the conditioned air to the conditioned space (¶ 0031).
Regarding claim 32, Wilson et al. teach:
32. A method of forming a disinfectant from condensate produced by and during operation of a heating, ventilation, and air conditioning (HVAC) system with HVAC equipment (e.g., 12) configured to provide conditioned air (e.g., 10), the HVAC system including a fan (e.g., 32, 108) located upstream of a cooling element (e.g., 72) and a condensate trap (e.g., 112) coupled to the cooling element, the condensate trap configured to collect the condensate (see ¶ 0037, 0040 for example), the method comprising:
delivering the condensate from the condensate trap to an aerosol generator (e.g., 106) coupled to the condensate trap via a conduit (e.g., 168, ¶ 0045), the aerosol generator comprising:
a bulk charging unit (e.g., 154) comprising:
a housing (e.g., 158) configured to collect the condensate from the condensate trap (see ¶ 0046 for example); and
an electric field module including a positive electrode (e.g., positive terminal 174 to electrodes 160) and a negative electrode (e.g., grounded negative terminal 176 ¶ 0047);
energizing the condensate with the electric field module at the aerosol generator to generate an ionized fluid including negative ions (e.g., 134 ¶ 0040); and
freezing the ionized fluid (¶ 0003).
Regarding claims 34-37, Wilson et al. teach:
34. The method of claim 32, wherein the method further comprises receiving the ionized fluid within one or more storage containers, the one or more storage containers being coupled to a refrigeration circuit (¶ 0040).
35. The method of claim 34, wherein the refrigeration circuit includes a heat exchanger (e.g., 110).
36. The method of claim 32, further comprising: filtering the condensate as the condensate is collected by the condensate trap; and disinfecting the condensate in the condensate trap using an ultraviolet light source, and wherein the ionized fluid is generated from the condensate as filtered and disinfected (¶ 0022, 0025).
37. The method of claim 32, wherein the HVAC equipment includes a transport refrigeration unit (e.g., 92, 94) that includes a refrigeration circuit with a heat exchanger (e.g., 110) at which the condensate is produced and routed to the aerosol generator (¶ 0031, 0037).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 4-9, 22-27 & 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 2018/0031275 A1) in view of Golkowski et al. (US 2019/0314535 A1).
Regarding claims 4-7 & 22-25, Wilson et al. do not explicitly teach: 4. The air purifying system of claim 1, further comprising a door sensor configured to provide an indication of an open-closed state of a door at an ingress to the conditioned space, and the HVAC system further includes control circuitry operably coupled to the HVAC equipment, the door sensor and the fan, wherein the control circuitry is configured to determine the open-closed state of the door using the door sensor, and control operation of the fan based on the open-close state of the door. 5. The air purifying system of claim 4, wherein the control circuitry configured to determine the open-closed state of the door includes the control circuitry configured to determine a transition of the door from a closed state to an open state, and the control circuitry configured to control the operation of the fan includes the control circuitry configured to increase an operating speed of the fan in response to the transition. 6. The air purifying system of claim 4, wherein the control circuitry configured to determine the open-closed state of the door includes the control circuitry configured to determine a transition of the door from a closed state to an open state, and the control circuitry configured to control the operation of the fan includes the control circuitry configured to tum the fan on in response to the transition. 7. The air purifying system of claim 4, wherein the open-closed state of the door indicates the door is in a closed state, and the control circuitry configured to control the operation of the fan includes the control circuitry configured to control the fan to continuously operate when the door is in the closed state. 22. The method of claim 19, wherein the conditioned space further includes a door at an ingress to the conditioned space, and the method further comprises: determining an open-closed state of the door using a door sensor; and controlling operation of the fan based on the open-close state of the door. 23. The method of claim 22, wherein determining the open-closed state of the door includes determining a transition of the door from a closed state to an open state, and controlling the operation of the fan includes increasing an operating speed of the fan responsive to the transition. 24. The method of claim 22, wherein determining the open-closed state of the door includes determining a transition of the door from a closed state to an open state, and controlling the operation of the fan includes turning the fan on responsive to the transition. 25. The method of claim 22, wherein the open-closed state of the door indicates the door is in a closed state, and controlling the operation of the fan includes controlling the fan to continuously operate when the door is in the closed state.
Golkowski et al. teach: a sterilization, disinfection, sanitization, or decontamination system for disinfecting/sanitizing various items (e.g., medical devices or electronics) and surfaces (e.g., workspaces, patient rooms, organic material, including but not limited to patient wounds) (Abstract, ¶ 0009). The system comprises a chamber (the chamber can comprise an entire room or a whole commercial or residential building ¶ 0072, 0079+), an air purifying device (e.g., effluent generator) capable of generating aerosol for circulating sterilant to the room through input and output conduit (¶ 0048), a flow generator (e.g., an exhaust pump, an air conveyor, a fan, or a blower) (¶ 174), a door sensor (150 ¶ 0232, 0322), and a control circuitry (e.g., controller 12) configured to monitor the door sensor (¶ 0322).
It would have been obvious to one of ordinary skill in the art to combine the system of Wilson et al. with a door sensor, as taught by Golkowski et al. to monitor the door and prevent activation of the system (Golkowski et al. ¶ 0232, 0320, 0322). The Court stated that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. Id. at ___, 82 USPQ2d at 1396.
Regarding claims 8, 9, 26, 27 & 33, Wilson et al. teach: 8. The air purifying system of claim 1, wherein the HVAC system is configured to provide the conditioned air to content within the conditioned space, and the HVAC system further includes control circuitry operably coupled to the HVAC equipment and the air purifying device, the control circuitry configured to: control a rate at which the aerosol is generated (¶ 0050). However, Wilson et al. do not explicitly teach: 8. The air purifying system of claim 1, wherein the HVAC system is configured to provide the conditioned air to content within the conditioned space, and the HVAC system further includes control circuitry operably coupled to the HVAC equipment and the air purifying device, the control circuitry configured to: determine a type of the content within the conditioned space; and control a rate at which the aerosol is generated at the air purifying device based on the type of the content. 9. The air purifying system of claim 8, wherein the type of the content is a plant or a perishable food. 26. The method of claim 19, wherein the HVAC system is configured to provide the conditioned air to content within the conditioned space, and the method further comprises: determining a type of the content within the conditioned space; and controlling a rate at which the aerosol is generated at the aerosol generator based on the type of the content. 27. The method of claim 26, wherein the type of the content is determined as a plant or a perishable food. 33. The method of claim 32, wherein the method further comprises storing the ionized solid with a perishable food to preserve the perishable food.
Golkowski et al. further teach: wherein the HVAC system is configured to provide the conditioned air to content within the conditioned space, and the HVAC system further includes control circuitry operably coupled to the HVAC equipment and the air purifying device, the control circuitry configured to: determine a type of the content within the conditioned space; and control a rate at which the aerosol is generated at the air purifying device based on the type of the content (¶ 0072, 0158+); wherein the type of the content is a plant or a perishable food (¶ 0160); wherein the HVAC system is configured to provide the conditioned air to content within the conditioned space, and the method further comprises: determining a type of the content within the conditioned space; and controlling a rate at which the aerosol is generated at the aerosol generator based on the type of the content (¶ 0072, 0158); wherein the type of the content is determined as a plant or a perishable food (¶ 0160); wherein the method further comprises storing the ionized solid with a perishable food to preserve the perishable food (¶ 0160).
It would have been obvious to one of ordinary skill in the art to combine the system of Wilson et al. with a control circuitry configured to: determine a type of the content within the conditioned space; and control a rate at which the aerosol is generated at the air purifying device based on the type of the content (¶ 0072, 0158); wherein the type of the content is a plant or a perishable food (¶ 0160), as taught by Golkowski et al., to reduce bacteria contamination (Golkowski et al. ¶ 0071+). The Court stated that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. Id. at ___, 82 USPQ2d at 1396.
With regard to limitations in claims 4-9, 22-27 & 33 (e.g., [...] to provide an indication of an open-closed state of a door at an ingress to the conditioned space, [...] to determine the open-closed state of the door using the door sensor, and control operation of the fan based on the open-close state of the door, etc.), these claim limitations are considered process or intended use limitations, which do not further delineate the structure of the claimed apparatus from that of the prior art. The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)). In addition, the “wherein” clauses that merely recite description and/or the results to be achieved, adds nothing to the patentability or substance of the claim. It has been held that to be entitled to weight in method claims, the recited structure limitations therein must affect the method in a manipulative sense, and not to amount to the mere claiming of a use of a particular structure. Further, reciting “configured to” without identifying any structural differences between the structure in the claims and the structure disclosed by the prior art does not further limit the claims.
Claim(s) 1-3, 8-13, 19-21 & 26-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tocchetto et al. (US 2022/0387927 A1) in view of Wilson et al. (US 2018/0031275 A1).
Regarding claim 1, Tocchetto et al. teach:
1. An air purifying system comprising:
a heating, ventilation and air conditioning (HVAC) system with HVAC equipment (Abstract, ¶ 0034+) configured to provide conditioned air to a conditioned space (e.g., room 103 ¶ 0112+), the HVAC system including a condensate trap (e.g., condensation containers ¶ 0087) coupled to a cooling element (e.g., cooling unit 501 ¶ 0127; evaporative cooler/evaporative cooling unit 106/800, ¶ 0087, 0090, 0112; see i.e., the dehumidifying MEA can be designed for an air conditioner (AC) unit with one dehumidifier for one evaporative cooler, or it can be designed to as AC units with one dehumidifier for multiple evaporative coolers separately located, but all in one closed loop. ¶ 0087) and configured to collect condensate produced during operation (see i.e., The dehumidifier unit may be equipped with condensation containers or piping to allow moisture removal. ¶ 0087; see also ¶ 0116-0118 for example);
an air purifying device (e.g., dehumidifier ¶ 0087+; including a SC-based membrane 104) coupled to a conduit (e.g., piping ¶ 0087; see also e.g., 405 in Fig. 4B; see also ¶ 0128 for example), the air purifying device comprising:
a bulk charging unit (e.g., power supply ¶ 0126; power supply 504 ¶ 0127), the bulk charging unit comprising:
a housing (see e.g., air conditioning unit 500 in Fig. 5; see also dehumidifying assembly or stack 200 in Fig. 2 & ¶ 0121) capable of collecting the condensate from the condensate trap (see i.e., [...] power supply 504 is connected to the air conditioning unit 500 to drive dehumidification of the process air, as well as to collect excess moisture and condensed water extracted from the air conditioning unit 500. At least part of the collected water may be routed to the membrane-based evaporative cooling unit 501. ¶ 0127); and
an electric field module including a positive electrode (e.g., anode 108) and a negative electrode (e.g., cathode 109 ¶ 0115);
wherein the air purifying device is capable of energizing the condensate with the electric field module capable of generating ions (see i.e., When a voltage is applied between the electrodes, the membrane allows the moisture from an air stream to diffuse across the electrodes. The moisture from the air stream entering the anode side flows across the composite structure to the air stream on the cathode side where it exits as a dehumidified air stream. The voltage applied across the electrodes may be varied based, for example, on the desired moisture removal capacity of the MEA. ¶ 0081); and
a fan (e.g., 112, 503, 804) located upstream of the cooling element (see Figs. 5, 8 for example) and capable of moving the aerosol toward the conditioned space (see ¶ 0117, 0127, 0132 for example).
However, Tocchetto et al. do not explicitly teach: an air purifying device coupled to the condensate trap via a conduit, wherein the air purifying device is configured to energize the condensate with the electric field module to generate an aerosol including negative ions; and
See Wilson et al. above.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Tocchetto et al., with teachings of Wilson et al. for the purpose of providing a HVAC system with a condensate removal system to generate condensate gases (Wilson et al. Abstract).
With regard to limitations in claims 1-3, 8-13, 19-21, 26-31 (e.g., [...] to energize the condensate from the condensate trap to generate an aerosol including negative ions; [...] operable to move the aerosol [...], the aerosol being combinable with the conditioned air provided by the HVAC system, etc.), these claim limitations are considered process or intended use limitations, which do not further delineate the structure of the claimed apparatus from that of the prior art. The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)). In addition, the “wherein” clauses that merely recite description and/or the results to be achieved, adds nothing to the patentability or substance of the claim. It has been held that to be entitled to weight in method claims, the recited structure limitations therein must affect the method in a manipulative sense, and not to amount to the mere claiming of a use of a particular structure. Further, reciting “configured to” without identifying any structural differences between the structure in the claims and the structure disclosed by the prior art does not further limit the claims.
Regarding claims 2, 3, 8-13, modified Tocchetto et al. teach:
2. The air purifying system of claim 1, wherein the HVAC system is set up in an installation with a duct that defines a pathway to a location proximate an ingress to the conditioned space, and the fan is capable of moving the aerosol through the duct (see Figs. 1, 5 for example).
3. The air purifying system of claim 1, wherein the air purifying device includes a conduit (e.g., ¶ 0087) and an aerosol generator (e.g., ¶ 0087), and wherein the conduit is configured to deliver the condensate from the condensate trap to the aerosol generator, and the aerosol generator is configured to energize the condensate (see ¶ 0117, 0127, 0132 for example).
8. The air purifying system of claim 1, wherein the HVAC system is capable of providing the conditioned air to content within the conditioned space (see Figs. 1, 5 for example), and the HVAC system further includes control circuitry (e.g., control units ¶ 0109; see also i.e., automated system including sensors ¶ 0128, 0139, 0142) operably coupled to the HVAC equipment and the air purifying device, the control circuitry capable of measuring, controlling, and collecting data of the conditioned space (see ¶ 0105-0108 & Tables 104 for example).
9. The air purifying system of claim 8, wherein the air purifying system is capable of being used for a plant or a perishable food (¶ 0092+).
10. The air purifying system of claim 1, wherein the conditioned space is divided into compartments to which the conditioned air is provided (see Fig. 2 for example).
11. The air purifying system of claim 1, wherein the air purifying system comprises air purifying devices that include the air purifying device (see Figs. 4A, 4D & ¶ 0128 for example), and fans that include the fan (see ¶ 0008, 0128 for example), wherein the air purifying devices include conduits (e.g., 405 in Fig. 4B; see also ¶ 0128 for example) and aerosol generators (e.g., atomizer, sprinkler, spray nozzles ¶ 0117; see also nozzles in ¶ 0095, incorporated reference US 2014/0027528), the conditioned space is divided into compartments to which the conditioned air is provided (see ¶ 0128 for example), and the HVAC system is set up in an installation with the aerosol generators and the fans for respective ones of the compartments (¶ 0128), and the fans are capable of moving the respective aerosols (¶ 0128 for example).
12. The air purifying system of claim 1, wherein the HVAC equipment includes coils (i.e., the evaporative cooling unit coils; an air conditioner inherently comprises coils for an evaporator), the aerosol includes droplets of the condensate (e.g., water mist ¶ 0132), and the fan is capable of moving the aerosol (see Figs. 1, 5 for example).
13. The air purifying system of claim 1, wherein the HVAC equipment includes a transport unit (i.e., fans) capable of providing the conditioned air to the conditioned space (see ¶ 0105-0108, 0128 for example).
Regarding claim 19, Tocchetto et al. teach:
19. A method of disinfecting a conditioned space to which a heating, ventilation, and air conditioning (HVAC) system with HVAC equipment (Abstract, ¶ 0034+) is configured to provide conditioned air, the HVAC system including a condensate trap (e.g., condensation containers ¶ 0087) coupled to a cooling element (e.g., cooling unit 501 ¶ 0127; evaporative cooler/evaporative cooling unit 106/800, ¶ 0087, 0090, 0112; see i.e., the dehumidifying MEA can be designed for an air conditioner (AC) unit with one dehumidifier for one evaporative cooler, or it can be designed to as AC units with one dehumidifier for multiple evaporative coolers separately located, but all in one closed loop. ¶ 0087) and configured to collect condensate produced during operation (see i.e., The dehumidifier unit may be equipped with condensation containers or piping to allow moisture removal. ¶ 0087; see also ¶ 0116-0118 for example), the method comprising:
delivering the condensate from the condensate trap to an aerosol generator (e.g., dehumidifier ¶ 0087+; including a SC-based membrane 104; see also e.g., atomizer, sprinkler, spray nozzles ¶ 0117; and nozzles in ¶ 0095, incorporated reference US 2014/0027528) coupled to the condensate trap via a conduit (e.g., piping ¶ 0087; see also e.g., 405 in Fig. 4B; see also ¶ 0128 for example), the aerosol generator comprising:
a bulk charging unit (e.g., power supply ¶ 0126; power supply 504 ¶ 0127) comprising:
a housing (see e.g., air conditioning unit 500 in Fig. 5; see also dehumidifying assembly or stack 200 in Fig. 2 & ¶ 0121) capable of collecting the condensate from the condensate trap (see i.e., [...] power supply 504 is connected to the air conditioning unit 500 to drive dehumidification of the process air, as well as to collect excess moisture and condensed water extracted from the air conditioning unit 500. At least part of the collected water may be routed to the membrane-based evaporative cooling unit 501. ¶ 0127); and
an electric field module including a positive electrode (e.g., anode 108) and a negative electrode (e.g., cathode 109 ¶ 0115);
energizing the condensate with the electric field module at the aerosol generator capable of energizing an aerosol including ions (see i.e., When a voltage is applied between the electrodes, the membrane allows the moisture from an air stream to diffuse across the electrodes. The moisture from the air stream entering the anode side flows across the composite structure to the air stream on the cathode side where it exits as a dehumidified air stream. The voltage applied across the electrodes may be varied based, for example, on the desired moisture removal capacity of the MEA. ¶ 0081); and
operating a fan (e.g., 112, 503, 804) located upstream of the cooling element (see Figs. 5, 8 for example) capable of moving the aerosol toward the conditioned space (see ¶ 0117, 0127, 0132 for example).
However, Tocchetto et al. do not explicitly teach: delivering the condensate from the condensate trap to an aerosol generator coupled to the condensate trap via a conduit, energizing the condensate with the electric field module at the aerosol generator to generate an aerosol including negative ions.
See Wilson et al. above.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Tocchetto et al., with teachings of Wilson et al. for the purpose of providing a HVAC system with a condensate removal system to generate condensate gases (Wilson et al. Abstract).
Regarding claims 20, 21, 26-31, modified Tocchetto et al. teach:
20. The method of claim 19, wherein the HVAC system is set up in an installation with a duct that defines a pathway to a location proximate an ingress to the conditioned space, and the fan is operated to move the aerosol through the duct using a fan, toward the location and thereby the ingress to the conditioned space (see Figs. 1, 5 for example).
21. The method of claim 19, wherein the condensate is delivered from the condensate trap to the aerosol generator (see ¶ 0117, 0127, 0132 for example).
26. The method of claim 19, wherein the HVAC system is configured to provide the conditioned air to content within the conditioned space (see Figs. 1, 5 for example), and the method further comprises: determining a type of the content within the conditioned space; and controlling a rate at which the aerosol is generated at the aerosol generator based on the type of the content (see e.g., control units ¶ 0109; and automated system including sensors ¶ 0128, 0139, 0142 capable of measuring, controlling, and collecting data of the conditioned space, ¶ 0105-0108 & Tables 104).
27. The method of claim 26, wherein the type of the content is determined as a plant or a perishable food (¶ 0092+).
28. The method of claim 19, wherein the conditioned space is divided into compartments to which the conditioned air is provided, and the fan is operated to move portions of the aerosol toward respective ones of the compartments (see Fig. 2 for example).
29. The method of claim 19, wherein the conditioned space is divided into compartments to which the conditioned air is provided, and the HVAC system is set up in an installation with aerosol generators and fans for respective ones of the compartments, and wherein the condensate is delivered from the condensate trap to the aerosol generators at which the condensate is energized to generate respective aerosols including negative ions, and the fans are operated to move the respective aerosols toward respective ones of the compartments (see e.g., control units ¶ 0109; and automated system including sensors ¶ 0128, 0139, 0142 capable of measuring, controlling, and collecting data of the conditioned space, ¶ 0105-0108 & Tables 104).
30. The method of claim 19, wherein the HVAC equipment includes conditioning coils (i.e., the evaporative cooling unit coils; an air conditioner inherently comprises coils for an evaporator), the aerosol includes droplets of the condensate (e.g., water mist ¶ 0132), and the method further comprises directing the aerosol over the conditioning coils (see Figs. 1, 5 for example).
31. The method of claim 19, wherein the HVAC equipment includes a transport refrigeration unit (i.e., fans) capable of providing the conditioned air to the conditioned space (see ¶ 0105-0108, 0128 for example).
Claim(s) 4-7 & 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tocchetto et al. (US 2022/0387927 A1) in view of Wilson et al. (US 2018/0031275 A1), and further in view of Golkowski et al. (US 2019/0314535).
Regarding claims 4-7 & 22-25, Tocchetto et al. teach: The air purifying system of claim 1, further comprising a sensor, and the HVAC system further includes control circuitry (see i.e., automated system including sensors ¶ 0128, 0139, 0142) operably coupled to the HVAC equipment, the sensor and the fan, wherein the control circuitry is capable of measuring, controlling, and collecting data of the conditioned space (see ¶ 0105-0108 & Tables 104 for example). However, Tocchetto et al. do not explicitly teach: 4. The air purifying system of claim 1, further comprising a door sensor configured to provide an indication of an open-closed state of a door at an ingress to the conditioned space, and the HVAC system further includes control circuitry operably coupled to the HVAC equipment, the door sensor and the fan, wherein the control circuitry is configured to determine the open-closed state of the door using the door sensor, and control operation of the fan based on the open-close state of the door. 5. The air purifying system of claim 4, wherein the control circuitry configured to determine the open-closed state of the door includes the control circuitry configured to determine a transition of the door from a closed state to an open state, and the control circuitry configured to control the operation of the fan includes the control circuitry configured to increase an operating speed of the fan in response to the transition. 6. The air purifying system of claim 4, wherein the control circuitry configured to determine the open-closed state of the door includes the control circuitry configured to determine a transition of the door from a closed state to an open state, and the control circuitry configured to control the operation of the fan includes the control circuitry configured to tum the fan on in response to the transition. 7. The air purifying system of claim 4, wherein the open-closed state of the door indicates the door is in a closed state, and the control circuitry configured to control the operation of the fan includes the control circuitry configured to control the fan to continuously operate when the door is in the closed state. 22. The method of claim 19, wherein the conditioned space further includes a door at an ingress to the conditioned space, and the method further comprises: determining an open-closed state of the door using a door sensor; and controlling operation of the fan based on the open-close state of the door. 23. The method of claim 22, wherein determining the open-closed state of the door includes determining a transition of the door from a closed state to an open state, and controlling the operation of the fan includes increasing an operating speed of the fan responsive to the transition. 24. The method of claim 22, wherein determining the open-closed state of the door includes determining a transition of the door from a closed state to an open state, and controlling the operation of the fan includes turning the fan on responsive to the transition. 25. The method of claim 22, wherein the open-closed state of the door indicates the door is in a closed state, and controlling the operation of the fan includes controlling the fan to continuously operate when the door is in the closed state.
See Golkowski et al. above
It would have been obvious to one of ordinary skill in the art to combine the system of Tocchetto et al. with a door sensor, as taught by Golkowski et al. to monitor the door and prevent activation of the system (Golkowski et al. ¶ 0232, 0320, 0322). The Court stated that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. Id. at ___, 82 USPQ2d at 1396.
With regard to limitations in claims 4-7 & 22-25 (e.g., [...] to provide an indication of an open-closed state of a door at an ingress to the conditioned space, [...] to determine the open-closed state of the door using the door sensor, and control operation of the fan based on the open-close state of the door, etc.), these claim limitations are considered process or intended use limitations, which do not further delineate the structure of the claimed apparatus from that of the prior art. The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)). In addition, the “wherein” clauses that merely recite description and/or the results to be achieved, adds nothing to the patentability or substance of the claim. It has been held that to be entitled to weight in method claims, the recited structure limitations therein must affect the method in a manipulative sense, and not to amount to the mere claiming of a use of a particular structure. Further, reciting “configured to” without identifying any structural differences between the structure in the claims and the structure disclosed by the prior art does not further limit the claims.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
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/DEAN KWAK/Primary Examiner, Art Unit 1798
DEAN KWAK
Primary Examiner
Art Unit 1798
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