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 (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.
Claim Rejections - 35 USC § 103
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.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sundvik et al (US 20150143783) in view of Paramore (US 20170001135).
Regarding to claims 1-3, Sundvik et al disclose an air filter (104 in Fig. 2) for cleaning air (110) within interior building spaces, comprising a V-bank filter element (104) for removing contaminants from an airstream (110), a top member (108) and a bottom member (106) for supporting the V-bank filter element (104), a frame (112) for coupling with the top member (108) and the bottom member (106), and one or more openings disposed in the frame (112) for allowing the airstream (110) to enter the V-bank filter element (104). By making the filter element (104) into a V-bank shape, it is well-known in the art of filtration to provide more surface area than traditional filters such as panel or flat filters, reduce the overall pressure drop in a HVAC system, and extend the usable life of downstream filters. Sundvik et al also show in Figure 2 that the frame (112) is configured to orient the air filter (104) within a HVAC system such that the airstream (110) is directed through the V-bank filter element (104). Sundvik describes a replaceable filter ([0028]); however, claims 1-3 differ from the disclosure of Sundvik et al in that the filter assembly is reusable or reusable filter element. Paramore teaches the filter assembly is reusable or reusable filter element ([0015] and [0018]). Both Sundvik and Paramore are directed to air filter assembly using V-shape filter element. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention was made to provide the filter frame of Sundvik et al to be a reusable frame as taught by Paramore since it is well-known in the art that reusable filter would be efficient to reduce filter disposable cost.
Regarding to claim 4, Sundvik et al show the frame (112 in Fig. 2) including a lip (152) and has a shape and size suitable for supporting the air filter (104) within the HVAC system.
Regarding to claims 5-7, Sundvik et al disclose the V-bank filter element (104) comprising two or more filter panels (172, 174, 176, 178 in Fig. 2) that are angled with respect to one another to form one or more V-configurations (104), wherein the two or more panels (173, 174, 176, 178) each comprises a filter medium that provides an area through which to pass the airstream (110) and entrap particulates and other contaminates flowing with the airstream (110). Eyers et al also disclose a V-bank filter element (30) for removing contaminants from an airstream, one side member (42) and the other side member (44) (upon rotating to the left would be the top member (42) and bottom member (44)) and panel filter elements (32 & 33) located within the frame, wherein the filter frame is reusable (see paragraph 0001).
Regarding to claims 8 and 10, Sundvik et al disclose the top member (108) including a seat (unlabeled) configured to receive top edges of the two or more filter panels (172, 174, 176, 178) such that the two or more filter panels are disposed in the adjacent V-configurations (104) wherein the one or more openings are configured to allow the airstream (110) to enter upstream volumes disposed between adjacent V-configurations (104).
Regarding to claims 9 and 11, Sundvik et al disclose the bottom member (106) including a seat (122) configured to receive bottom edges of the two or more filter panels (172, 174, such that the two or more filter panels are disposed in the adjacent V-configurations (104) wherein the one or more openings are configured to allow the airstream (110) to enter downstream volumes disposed between adjacent V-configurations (104).
Regarding to claims 12, Sundvik et al disclose the seats (unlabeled in Fig. 2) comprising the top member and the bottom member are configured to fixate the V-configurations such that the upstream volumes include substantially identical angles and areas.
Regarding to claim 13, Sundvik et al disclose the seats (122) comprising the top member and the bottom member are configured to fixate the V-configurations such that the downstream volumes include substantially identical angles and areas.
Regarding to claim 14, Sundvik et al show in Fig. 2 that the upstream volumes and the downstream volumes are configured to be substantially identical to one another.
Regarding to claim 15-19, Sundvik et al disclose a method of making an air filter comprising the steps of providing a filter medium comprising two or more filter panels (172, 174, 176 and 178), arranging the two or more filter panels (172, 174, 176 and 178) into a V-bank filter element (104), supporting the V-bank filter element (104) between a top member (108) and a bottom member (106) and configuring a frame (112) to couple the top member (108) and the bottom member (106), arranging the two or more filter panels (172, 174, 176, 178) into adjacent V-configurations (104), including seating (122) the two or more filter panels (172, 174, 176, 178) into the top member (108) and the bottom member (106) such that the two or more filter panels (172, 174, 176, 178) are disposed in adjacent V-configurations (104) wherein seating (122) includes fixating the V-configurations (see details of 122 in Fig. 2) such that upstream volumes and downstream volumes are established between pairs of the two or more filter panels (172, 174, 176, 178), and configuring the frame (112) to have one or more openings to allow an airstream (110) to enter the upstream volumes between adjacent V-configurations.
Response to Arguments
Applicant's arguments filed 12/16/25 have been fully considered but they are not persuasive.
Applicant’s remark argues that Paramore is entirely analogous art.
Examiner respectfully disagrees.
However, both Sundvik and Paramore are directed to V-bank air filters and are capable of being combined. Furthermore, Sundvik suggests that the filter elements themselves (104 and [0028]) can be removed rather than replacing entire filter. In addition, arguments against the references individually are insufficient, as nonobviousness cannot be established by attacking references separately where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/DUNG H BUI/ Primary Examiner, Art Unit 1773