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 .
Response to Amendment
1. The amendment filed 07 October 2025 has been received and considered for examination. Claims 1-2, 6-10, 14-18, and 21-23 are presently pending and being examined herein.
2. All rejections and objections from the previous Office action are withdrawn in view of Applicant’s amendment.
3. New grounds of rejection under 35 U.S.C. 101 and 35 U.S.C. 103 are necessitated by the amendments, as detailed below.
Claim Objections
4. Claim 1 is objected to because of the following informalities: in the second line, “that includes blower” should read --that includes a blower--.
5. Claim 6 is objected to because of the following informalities: in the second line, “based on the identifying that an operational setting of the air filtration apparatus to be changed” should read --based on the identified operational setting of the air filtration apparatus to be changed--.
6. Claim 9 is objected to because of the following informalities: in the third line, “that includes blower” should read --that includes a blower--.
7. Claim 14 is objected to because of the following informalities: in the second line, “based on the identifying that an operational setting of the air filtration apparatus to be changed” should read --based on the identified operational setting of the air filtration apparatus to be changed--.
8. Claim 21 is objected to because of the following informalities: in the second line, “based on the identifying that an operational setting of the air filtration apparatus to be changed” should read --based on the identified operational setting of the air filtration apparatus to be changed--.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
9. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
10. Claims 1-2, 6-10, 14-18, and 21-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claims recite a series of steps that include “evaluating the received sensor data to identify a first set of operating conditions”, “identifying an operational setting of the air filtration apparatus to be changed”, “identifying a voltage to apply”, and “identifying the operating environment”, actions that do not have a tangible form or result. Further, the limitations reciting “data that identifies a set of operating conditions” and “data that identifies the requirements of the environment” are drawn to information without a tangible form, i.e., data per se. These abstract ideas do not fit neatly into one of the four statutory categories and are analyzed for patent eligibility as follows.
11. In accordance with MPEP 2106, the claims are found to recite statutory subject matter outside of the limitations in question (Step 1: Yes) and are analyzed to determine if the claims recite any concepts that equate to an abstract idea, law of nature, or natural phenomenon (Step 2A: Prong 1). In the instant application, the “identifying” and “evaluating” steps in the context of this claim refer to mental processes, method steps that can be performed in the human mind and treated equally under the judicial exception to an abstract idea. See MPEP 2106.04(a)(2)(III). The limitations reciting “data” similarly qualify for the judicial exception because a product claim to an intangible collection of information, even if created by human effort, does not fall within any statutory category. See MPEP 2106.03(I). Accordingly, the claims recite abstract ideas (Step 2A, Prong 1: Yes). For the purposes of analysis, these two instances of a judicial exception are treated together in accordance with MPEP 2106.04(II)(B).
12. This judicial exception is not integrated into a practical application because the claims do not recite any additional elements that reflect an improvement to technology or apply the judicial exception in some other meaningful way (Step 2A, Prong 2: No). In each of the independent claims, the mental processes that are driven by the data are intended to “initiate a change to the operational setting of the air filtration apparatus”, for example, changing a voltage setting to an ionizing electrode. However, this initiation is stated with a high degree of generality and would be considered generally linking the abstract idea to the field of endeavor and not a particular practical application. See MPEP 2106.05(h). Further, the claim language fails to recite details of how a solution to a problem is accomplished using the control method, simply amounting to a recitation of the words “apply it” to the stated control problem. See MPEP 2106.05(f). While it may be intuitive that “identifying a particle count” would have a correlation to “identifying a voltage to apply to the high energy element”, it is unclear from the claims how the specific steps of “identifying the environment” and “identifying operating conditions” are used in this determination, thus these appear to be insignificant extra-solution activities. See MPEP 2106.05(g). To overcome this, Examiner recommends reciting a specific cause-and-effect relationship between the identifying/evaluating steps and the resultant change in any operational setting.
13. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because all elements within the air filtration apparatus appear well-understood, routine, and conventional within the air purification arts. (Step 2B: No). See MPEP 2106.05(h). The plurality of sensors appear to be off the shelf for detection of particles, ozone, or pathogen levels by conventional methods, like the pollution level sensor taught by Kim et al (US 20060075893 A1) in par 0037. The controller along with the processor and memory are understood as conventional controller hardware (e.g., Kim pars 0037-0039 and 0042-0046, microcomputer 19), and the implementation of the method is not described as anything more than could be accomplished using known control logic. Jaisinghani (US 20060150816 A1) discloses the structure of the filter as claimed, including a blower (internal air moving device such as a fan, par 0114) configured to draw air from outside the apparatus into the air filtration apparatus (FIGS. 1a and 6, air flow from outside filter apparatus), an entry control grid (CTE 5 may be deposited as an electrically conductive pattern of electrical conductors 150 that form a grid, par 0085, FIG. 8), a rear control grid (end-cap 2, par 0082, FIG. 8), a wire (ionizer wires 8 spaced apart from CTE 5 by distance d2, par 0074, FIG. 6) disposed between the entry control grid and the rear control grid (FIG. 6, high voltage wire assembly between folds of entry/rear control grids), and an exchangeable filter media (filter medium can be fiber glass mats, paper, folded, pleated, etc. i.e. exchangeable, pars 0081-0082) having a density that is less than the density of a HEPA filter (lower grade deep V-pack or other forms of deep filter material could be safely electrically enhanced to produce higher efficiency filters having significantly lower pressure drops than conventional HEPA filters, par 0116) and being disposed between the entry control grid and the rear control grid (FIG. 8, filter medium between pleats of entry and rear control grids 4/5).
Therefore, the claims do not amount to significantly more than the judicial exception itself and, as such, are not patent eligible.
Claim Rejections - 35 USC § 103
14. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
15. Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Jaisinghani (US 20060150816 A1) in view of Kim et al (US 20060075893 A1).
16. Regarding claim 1, Jaisinghani teaches a method for controlling an air filtration apparatus (control the filtration system, pars 0104-0105, FIGS. 1a-c and 6) that includes a blower (internal air moving device such as a fan, par 0114) configured to draw air from outside the apparatus into the air filtration apparatus (FIGS. 1a and 6, air flow from outside filter apparatus), an entry control grid (CTE 5 may be deposited as an electrically conductive pattern of electrical conductors 150 that form a grid, par 0085, FIG. 8), a rear control grid (end-cap 2, par 0082, FIG. 8), a wire (ionizer wires 8 spaced apart from CTE 5 by distance d2, par 0074, FIG. 6) disposed between the entry control grid and the rear control grid (FIG. 6, high voltage wire assembly between folds of entry/rear control grids), and an exchangeable filter media (filter medium can be fiber glass mats, paper, folded, pleated, etc. i.e. exchangeable, pars 0081-0082) having a density that is less than the density of a HEPA filter (lower grade deep V-pack or other forms of deep filter material could be safely electrically enhanced to produce higher efficiency filters having significantly lower pressure drops than conventional HEPA filters, par 0116) and being disposed between the entry control grid and the rear control grid (FIG. 8, filter medium between pleats of entry and rear control grids 4/5), the method comprising:
providing a DC high voltage (high DC voltage applied to electrodes 8, par 0099) of greater than 5 kV to the wire (ionizing electrode at fifteen kilo-Volts, pars 0063 and 0078; FIG. 16) such that air disposed between the entry control grid and the rear control grid is exposed to a high energy field that charges particles in the air disposed between the entry control grid and the rear control grid such that those particles clump together (particles accumulate and held indefinitely under high electric fields, par 0076) and are captured by the filter media (effective collection of particles on the filter media, par 0062);
identifying a voltage to apply to the wire (CTE potential controlled by…the ionizing field strength Vapp, par 0084) such that corona discharge is generated but the collection field is non-sparking (pars 0076 and 0084).
Jaisinghani focuses on how device design can eliminate inefficiencies in charge collection for various applications, but does not teach details of dynamic control for the exemplary device. As such, Jaisinghani fails to teach receiving sensor data related to one or more of a particle count, a contaminant level, and a level of ozone included in air at an input of the air filtration apparatus; evaluating the received sensor data to identify a first set of operating conditions associated with the air filtration apparatus; accessing data that identifies operational requirements of an operating environment associated with the air filtration apparatus; identifying an operational setting of the air filtration apparatus to be changed based on identifying that the first set of conditions do not correspond to the operational requirements of the operating environment; and initiating, based on the identified operational setting of the air filtration apparatus to be changed, a change to the operational setting of the air filtration apparatus, wherein the change to the operational setting results in changing the first set of operating conditions associated with the air filtration apparatus, wherein the operational setting of the air filtration apparatus is a voltage setting and the change to the operational setting results in the voltage that is applied to the wire being changed to the identified voltage.
Kim teaches an analogous air cleaning method using high voltage (Abstract, pars 0019-0021, FIG. 3) that comprises receiving sensor data related to one or more of a particle count, a contaminant level, and a level of ozone (receive a pollution measurement signal transmitted from a pollution measuring instrument 17 which includes a pollution level sensor, par 0037) included in air at an input of the air filtration apparatus (the pollution measuring instrument 17 measuring a state of indoor air pollution, pars 0037 and 0042-0046);
evaluating the received sensor data (FIG. 7, steps S710/S720/S730; pars 0042-0047) to identify a first set of operating conditions (pollution level determined by the above microcomputer 19 is divided into control levels of "high", "medium" and "low", depending on the pollution state, par 0049) associated with the air filtration apparatus (above pollution level is applied to the air cleaning element, par 0047);
accessing data that identifies operational requirements of an operating environment (microcomputer 19 determines whether the pollution level of indoor air is over predetermined level 1/predetermined level 2, pars 0043-0046) associated with the air filtration apparatus (above pollution level is applied to the air cleaning element, par 0047);
identifying an operational setting of the air filter apparatus to be changed (control unit raises the AC voltage or the AC frequency applied to the air cleaning element, par 0016, FIG. 7) based on identifying that the first set of conditions do not correspond to the operational requirements of the operating environment (when the pollution level of indoor air is a high level, par 0016, FIG. 7);
identifying a voltage to apply (FIG. 7, small or medium or large voltage, pars 0043-0044 and 0049) to the wire of the air filtration apparatus (input voltage applied to discharge electrode, pars 0033-0034); and
initiating a change to the operational setting of the air filtration apparatus (AC voltage applied to high-voltage generator 15 may be raised, par 0045), based on the identified operational setting of the air filtration apparatus to be changed (FIG. 7, when the microcomputer 19 determines that the pollution level of indoor air is over a predetermined level, par 0045), wherein the change to the operational setting results in changing the first set of operating conditions associated with the air filtration apparatus (while the pollution level of indoor air is over the predetermined level 2, the AC voltage or the AC frequency is set to a control level of "large", par 0044), wherein the operational setting of the air filter apparatus is a voltage setting (AC voltage is set, par 0044) and the change to the operational setting results in the voltage applied to the wire being changed to the identified voltage (AC voltage is set to a control level of “large”, par 0044). The parenthetical examples refer to a scenario in which voltage is raised to remove a high level of detected contaminants from the air, but other voltage control scenarios are detailed in pars 0041-0051. The sensor feedback-control methodology of Kim fills a deficiency in the method of Jaisinghani, enabling the sensing of a pollution level and controlling a voltage according to the pollution level to remove contaminants without generating excess ozone (Kim pars 0055-0056).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the methods of Jaisinghani and Kim as detailed in italics above in operation of the device of Jaisinghani. Doing so would predictably and beneficially enable pollution sensing, as the sensor of Kim reliably determines the pollution level of indoor air as compared to predetermined levels that can be set as operational requirements of the environment associated with the air filtration apparatus. Doing so would also predictably enable control of the DC high voltage taught by Jaisinghani in a manner that effectively removes pollutants according to the sensed concentration while limiting the release of hazardous ozone as taught by Kim.
17. Regarding claim 2, Jaisinghani as modified by Kim teaches the method of claim 1, but Jaisinghani focuses on device design for different operating environments thus does not teach identifying the operating environment from a plurality of different operating environments or accessing data that identifies operational requirements of the identified operating environment.
The analogous method taught by Kim further includes identifying the operating environment from a plurality of different operating environment (determines the pollution level of indoor air and determines whether the pollution level of indoor air is over a predetermined level 2, over the predetermined level 1 and below the predetermined level 2, or below the predetermined level 1, Kim pars 0042-0044); and wherein accessing the data that identifies the operational requirements of the operating environment includes accessing data that identifies operational requirements of the identified operating environment (set voltage to a control level of “high”, “medium”, or “low” based on pollution level, Kim pars 0043-0047).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further include steps within the method of modified Jaisinghani of identifying the operating environment from a plurality of operating environments and accessing data that identifies operational requirements of the identified operating environment as taught by Kim. Such data would predictably provide the similar benefit of enabling adjustment of the system voltage to purify the air based on the operational needs of the environment as taught by Kim (Kim pars 0043-0047).
18. Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jaisinghani and Kim as applied to claim 1 above, and further in view of Fleischer (US 20040258585 A1).
19. Regarding claim 6, Jaisinghani as modified by Kim teaches the method of claim 1, and Jaisinghani teaches performance at high flow rates (par 0080) and a fan/flow switch arrangement that can shut off high voltage when there is no airflow (par 0105). The combination does not teach specifically that the method would comprise initiating a change in an airflow within the air filtration apparatus based on the identifying that an operational setting of the airflow to be changed.
Fleischer teaches an analogous air treatment device (Abstract, pars 0005 and 0019-0020) using a discharge voltage to ionize indoor air (par 0036) and sensors to monitor air quality/air contaminants, ozone, and airflow (par 0035). Based on a detection of air contaminants (par 0005), the normal operation of the device would drive the movement of a safety flap for either a partial recirculation or complete recirculation of air (par 0034), thus the initiating an airflow change. Fleischer teaches such a safety flap is advantageous because it prevents contaminants when detected at high levels from entering the space and posing a hazard to occupants (pars 0005-0006).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to initiate an airflow change by moving a flap as taught by Fleischer in response to an airborne contaminant measurement in the method of modified Jaisinghani. Doing so would similarly enable high contaminant airflows to be recirculated through the air cleaner, predictably preventing potentially hazardous contaminants from reaching people in the indoor space.
20. Regarding claim 7, Jaisinghani as modified by Kim teaches the method of claim 1, wherein the received sensor data includes data that identifies a level of indoor air pollution (Kim par 0037). Jaisinghani also teaches that the electrically enhanced filters have bactericidal properties to kill bacteria entering in the air flow (Jaisinghani par 0076). The combination does not teach wherein the data identifies a level of pathogens in the air.
Fleischer teaches an analogous air treatment device (Abstract, pars 0005 and 0019-0020) using a discharge voltage to ionize indoor air (par 0036) and sensors to monitor air quality/air contaminants, ozone, and airflow (par 0035). One of these sensors is described as a sensor for at least one biological organism, for example, a bacterium or virus (par 0032). Fleischer teaches the detection of contaminants such as pathogens is advantageous in a control arrangement that prevents these pathogens from entering the air supplied to the room (pars 0009-0010).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a sensor that provides data identifying a pathogen level as taught by Fleischer in the method of modified Jaisinghani. Doing so would predictably provide similar information to the operator about levels of harmful bacteria and/or viruses and enable the user to take action to prevent human exposure to the agents in the airflow.
21. Regarding claim 8, Jaisinghani as modified by Kim and Fleischer teaches the method of claim 7, wherein the pathogens include at least one of a bacteria, a fungus, or a virus (biological organism is a bacterium or a virus, Fleischer par 0032; biological particles, such as bacteria, will be killed by electrical fields, Jaisinghani par 0076).
22. Claims 9-10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jaisinghani (US 20060150816 A1) in view of Kim et al (US 20060075893 A1) and Botvinnik et al (US 20070210734 A1).
23. Regarding claim 9, Jaisinghani teaches a method for controlling an air filtration apparatus (control the filtration system, pars 0104-0105, FIGS. 1a-c and 6) that includes a blower (internal air moving device such as a fan, par 0114) configured to draw air from outside the apparatus into the air filtration apparatus (FIGS. 1a and 6, air flow from outside filter apparatus), an entry control grid (CTE 5 may be deposited as an electrically conductive pattern of electrical conductors 150 that form a grid, par 0085, FIG. 8), a rear control grid (end-cap 2, par 0082, FIG. 8), a wire (ionizer wires 8 spaced apart from CTE 5 by distance d2, par 0074, FIG. 6) disposed between the entry control grid and the rear control grid (FIG. 6, high voltage wire assembly between folds of entry/rear control grids), and an exchangeable filter media (filter medium can be fiber glass mats, paper, folded, pleated, etc. i.e. exchangeable, pars 0081-0082) having a density that is less than the density of a HEPA filter (lower grade deep V-pack or other forms of deep filter material could be safely electrically enhanced to produce higher efficiency filters having significantly lower pressure drops than conventional HEPA filters, par 0116) and being disposed between the entry control grid and the rear control grid (FIG. 8, filter medium between pleats of entry and rear control grids 4/5), the method comprising:
providing a DC high voltage (high DC voltage applied to electrodes 8, par 0099) of greater than 5 kV to the wire (ionizing electrode at fifteen kilo-Volts, pars 0063 and 0078; FIG. 16) such that air disposed between the entry control grid and the rear control grid is exposed to a high energy field that charges particles in the air disposed between the entry control grid and the rear control grid such that those particles clump together (particles accumulate and held indefinitely under high electric fields, par 0076) and are captured by the filter media (effective collection of particles on the filter media, par 0062);
identifying a voltage to apply to the wire (CTE potential controlled by…the ionizing field strength Vapp, par 0084) such that corona discharge is generated but the collection field is non-sparking (pars 0076 and 0084).
Jaisinghani focuses on how device design can eliminate inefficiencies in charge collection for various applications, but does not teach the intricacies of dynamic control of the exemplary device. As such, Jaisinghani fails to teach receiving sensor data related to one or more of a particle count, a contaminant level, and a level of ozone included in air at an input of the air filtration apparatus; evaluating the received sensor data to identify a first set of operating conditions associated with the air filtration apparatus; accessing data that identifies operational requirements of an operating environment associated with the air filtration apparatus; identifying an operational setting of the air filtration apparatus to be changed based on identifying that the first set of conditions do not correspond to the operational requirements of the operating environment; and initiating, based on the identified operational setting of the air filtration apparatus to be changed, a change to the operational setting of the air filtration apparatus, wherein the change to the operational setting results in changing the first set of operating conditions associated with the air filtration apparatus, wherein the operational setting of the air filtration apparatus is a voltage setting and the change to the operational setting results in the voltage that is applied to the wire being changed to the identified voltage.
Kim teaches an analogous air cleaning method using high voltage (Abstract, pars 0019-0021, FIG. 3) that comprises receiving sensor data related to one or more of a particle count, a contaminant level, and a level of ozone (receive a pollution measurement signal transmitted from a pollution measuring instrument 17 which includes a pollution level sensor, par 0037) included in air at an input of the air filtration apparatus (the pollution measuring instrument 17 measuring a state of indoor air pollution, pars 0037 and 0042-0046);
evaluating the received sensor data (FIG. 7, steps S710/S720/S730; pars 0042-0047) to identify a first set of operating conditions (pollution level determined by the above microcomputer 19 is divided into control levels of "high", "medium" and "low", depending on the pollution state, par 0049) associated with the air filtration apparatus (above pollution level is applied to the air cleaning element, par 0047);
accessing data that identifies operational requirements of an operating environment (microcomputer 19 determines whether the pollution level of indoor air is over predetermined level 1/predetermined level 2, pars 0043-0046) associated with the air filtration apparatus (above pollution level is applied to the air cleaning element, par 0047);
identifying an operational setting of the air filter apparatus to be changed (control unit raises the AC voltage or the AC frequency applied to the air cleaning element, par 0016, FIG. 7) based on identifying that the first set of conditions do not correspond to the operational requirements of the operating environment (when the pollution level of indoor air is a high level, par 0016, FIG. 7);
identifying a voltage to apply (FIG. 7, small or medium or large voltage, pars 0043-0044 and 0049) to the wire of the air filtration apparatus (input voltage applied to discharge electrode, pars 0033-0034); and
initiating a change to the operational setting of the air filtration apparatus (AC voltage applied to high-voltage generator 15 may be raised, par 0045), based on the identified operational setting of the air filtration apparatus to be changed (FIG. 7, when the microcomputer 19 determines that the pollution level of indoor air is over a predetermined level, par 0045), wherein the change to the operational setting results in changing the first set of operating conditions associated with the air filtration apparatus (while the pollution level of indoor air is over the predetermined level 2, the AC voltage or the AC frequency is set to a control level of "large", par 0044), wherein the operational setting of the air filter apparatus is a voltage setting (AC voltage is set, par 0044) and the change to the operational setting results in the voltage applied to the wire being changed to the identified voltage (AC voltage is set to a control level of “large”, par 0044). The parenthetical examples refer to a scenario in which voltage is raised to remove a high level of detected contaminants from the air, but other voltage control scenarios are detailed in pars 0041-0051. The sensor feedback-control methodology of Kim fills a deficiency in the method of Jaisinghani, enabling the sensing of a pollution level and controlling a voltage according to the pollution level to remove contaminants without generating excess ozone (Kim pars 0055-0056).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the methods of Jaisinghani and Kim as detailed in italics above in operation of the device of Jaisinghani. Doing so would predictably and beneficially enable pollution sensing, as the sensor of Kim reliably determines the pollution level of indoor air as compared to predetermined levels that can be set as operational requirements of the environment associated with the air filtration apparatus. Doing so would also predictably enable control of the DC high voltage taught by Jaisinghani in a manner that effectively removes pollutants according to the sensed concentration while limiting the release of hazardous ozone as taught by Kim.
Kim further teaches a microcomputer that is “formed” to receive a pollution measurement signal and control the high-voltage generator (Kim par 0037). The combination does not specifically teach a non-transitory computer-readable storage medium having embodied thereon a program executable by a processor for implementing the above method.
Botvinnik teaches an analogous air treatment device to that of Jaisinghani having a voltage control (Title, Abstract) wherein a control unit includes a memory that is configured to store machine readable executable instructions or control routines that are executable by the control unit (par 0036). These control routines include regulating voltage supplied to the electrode assembly (par 0036) responsive to current data or information via a control signal (par 0036), indicating that such a memory can suitably provide instructions to control a similar process of ionizing air to remove contaminants (par 0020).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to store instructions to execute the method steps of modified Jaisinghani on a non-transitory computer-readable memory as taught by Botvinnik. Doing so would predictably enable the processor to execute the method, as Botvinnik demonstrates that voltage control within an air ionizing purifier can be suitably controlled using such programmed instructions.
24. Regarding claim 10, Jaisinghani as modified by Kim and Botvinnik teaches the non-transitory computer-readable storage medium of claim 9. Jaisinghani focuses on device design for different operating environments thus does not teach identifying the operating environment from a plurality of different operating environments or accessing data that identifies operational requirements of the identified operating environment.
The analogous control method taught by Kim further includes identifying the operating environment from a plurality of different operating environment (determines the pollution level of indoor air and determines whether the pollution level of indoor air is over a predetermined level 2, over the predetermined level 1 and below the predetermined level 2, or below the predetermined level 1, Kim pars 0042-0044); and wherein accessing the data that identifies the operational requirements of the operating environment includes accessing data that identifies operational requirements of the identified operating environment (set voltage to a control level of “high”, “medium”, or “low” based on pollution level, Kim pars 0043-0047).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further include steps within the method stored on the non-transitory computer-readable storage medium of modified Jaisinghani of identifying the operating environment from a plurality of operating environments and accessing data that identifies operational requirements of the identified operating environment as taught by Kim. Such data would predictably provide the similar benefit of enabling adjustment of the system voltage to purify the air based on the operational needs of the environment as taught by Kim (Kim pars 0043-0047).
25. Regarding claim 14, Jaisinghani as modified by Kim and Botvinnik teaches the non-transitory computer-readable storage medium of claim 9, wherein the method embodied thereon would treat an air flow within an air cleaning apparatus arranged within an air conditioner, an air cleaner, or the like (par 0002). The combination does not teach that the method would further comprise initiating an airflow change.
Botvinnik teaches an analogous air treatment device with active control of electrode voltage (pars 0006-0007). Based on changes in environmental conditions, the voltage control device will also increase the fan speed and the airflow rate to the electrode assembly (par 0045), enabling the device to run at higher throughput thereby increasing the efficiency of the electrode assembly (par 0039).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to initiate an airflow change in response to changes in environmental conditions as taught by Botvinnik when executing the method of modified Jaisinghani. Doing so would predictably enable a higher throughput of air to be treated while minimizing hazardous ozone release, increasing the contaminant removal efficiency similarly to the device of Botvinnik.
26. Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jaisinghani, Kim, and Botvinnik as applied to claim 9 above, and further in view of Fleischer (US 20040258585 A1).
27. Regarding claim 15, Jaisinghani as modified by Kim and Botvinnik teaches the non-transitory computer-readable storage medium of claim 9, and Kim teaches wherein the received sensor data includes data that identifies a level of indoor air pollution (par 0037). Jaisinghani also teaches that the electrically enhanced filters have bactericidal properties to kill bacteria entering in the air flow (Jaisinghani par 0076). The combination does not teach wherein the data identifies a level of pathogens included in the air.
Fleischer teaches an analogous air treatment device (Abstract, pars 0005 and 0019-0020) using a discharge voltage to ionize indoor air (par 0036) and sensors to monitor air quality/air contaminants, ozone, and airflow (par 0035). One of these sensors is described as a sensor for at least one biological organism, for example, a bacterium or virus (par 0032). Fleischer teaches the detection of contaminants such as pathogens is advantageous in a control arrangement that prevents these pathogens from entering the air supplied to the room (pars 0009-0010).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a sensor that provides data identifying a pathogen level as taught by Fleischer in the method executed by the non-transitive computer-readable storage medium of modified Jaisinghani. Doing so would predictably provide similar information to the operator about levels of harmful bacteria and/or viruses and enable the user to take action to prevent human exposure to the agents in the airflow.
Fleischer teaches an analogous air treatment device (Abstract, pars 0005 and 0019-0020) using a discharge voltage to ionize indoor air (par 0036) and sensors to monitor air quality/air contaminants, ozone, and airflow (par 0035). One of these sensors is described as a sensor for at least one biological organism, for example, a bacterium or virus (par 0032). Fleischer teaches the detection of contaminants such as pathogens is advantageous in a control arrangement that prevents these pathogens from entering the air supplied to the room (pars 0009-0010).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a sensor that provides data identifying a pathogen level as taught by Fleischer in the method of Jaisinghani as modified by Kim and Botvinnik. Doing so would predictably provide similar information to an operator about levels of harmful bacteria and/or viruses and enable the controller to take action to prevent human exposure to the agents in the airflow.
28. Regarding claim 16, Jaisinghani as modified by Kim, Botvinnik, and Fleischer teaches the non-transitory computer-readable storage medium of claim 9, wherein the pathogens include at least one of a bacteria, a fungus, or a virus (biological organism is a bacterium or a virus, Fleischer par 0032; biological particles, such as bacteria, will be killed by electrical fields, Jaisinghani par 0076).
29. Claims 17-18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Jaisinghani (US 20060150816 A1) in view of Kim et al (US 20060075893 A1) and Botvinnik et al (US 20070210734 A1).
30. Regarding claim 17, Jaisinghani teaches an air filtration apparatus (apparatus that uses deep filters as an efficient and safe electrically enhanced filter in order to obtain ultra low pressure drop, high efficiency of particulate removal from air, pars 0109-0110, FIGS. 1a-1c and 10), the apparatus comprising:
a blower (internal air moving device such as a fan, par 0114) configured to draw air from outside the apparatus into the air filtration apparatus (FIGS. 1a and 6, air flow from outside filter apparatus);
an entry control grid (CTE 5 may be deposited as an electrically conductive pattern of electrical conductors 150 that form a grid, par 0085, FIG. 10);
a rear control grid (downstream ground electrode 4 may be deposited as an electrically conductive pattern of electrical conductors 150 that form a grid, par 0085, FIG. 10); and
a wire (ionizer wires 8 spaced apart from CTE 5 by distance d2, par 0074, FIG. 10) disposed between the entry control grid and the rear control grid (FIG. 10, high voltage wire assembly between folds of entry/rear control grids), wherein the wire is configured to receive a DC high voltage (high DC voltage applied to electrodes 8, par 0099) of greater than 5 kV (ionizing electrode at fifteen kilo-Volts, pars 0063 and 0078; FIG. 16) such that air disposed between the entry control grid and the rear control grid is exposed to a high energy field when the high voltage is received by the wire (FIG. 10, air flow through collection field, par 0085); and
an exchangeable filter media (filter medium can be fiber glass mats, paper, folded, pleated, etc. i.e. exchangeable, pars 0081-0082) having a density that is less than the density of a HEPA filter (lower grade deep V-pack or other forms of deep filter material could be safely electrically enhanced to produce higher efficiency filters having significantly lower pressure drops than conventional HEPA filters, par 0116), wherein the exchangeable filter media is exposed to the high energy field when the high voltage is received by the wire (electrical field is established across filter medium 1, between charge transfer electrode 5 and downstream ground electrode 4, par 0076; FIG. 10, filter medium between pleats of entry and rear control grids 4/5), wherein the high energy field results in charging particles in the air disposed between the entry control grid and the rear control grid such that those particles clump together (particles accumulate and held indefinitely under high electric fields, par 0076) and are captured by the filter media (effective collection of particles on the filter media, par 0062);
The device of Jaisinghani simply applies a voltage to the wire (CTE potential controlled by…the ionizing field strength Vapp, par 0084) that is preoptimized such that corona discharge is generated but the collection field is non-sparking (pars 0076 and 0084). As such, Jaisinghani fails to teach a plurality of sensors that sense data related to one or more of a particle count, a contaminant level, and a level of ozone included in air at an input of the air filtration apparatus; a memory; and a processor that executes instructions out of the memory to: evaluate the received sensor data to identify a first set of operating conditions associated with the air filtration apparatus, access data that identifies operational requirements of an operating environment associated with the air filtration apparatus, identify that an operational setting of the air filter filtration apparatus to be changed based on identifying that the first set of conditions do not correspond to the operational requirements of the operating environment, identify one of a particle count, a contaminant level, or a level of ozone included in air at an input of the air filtration apparatus, identify a voltage to apply to a high energy element the wire of the air filtration apparatus, wherein the voltage when applied to the wire ensures that the apparatus does not generate or emit ozone above a given threshold level, and initiate, based on the identified operational setting of the air filtration apparatus to be changed, a change to the operational setting of the air filtration apparatus, wherein the change to the operational setting results in changing the first set of operating conditions associated with the air filtration apparatus, wherein the operational setting of the air filter filtration apparatus is a voltage setting and the change to the operational setting results in the voltage that is applied to the high energy element wire being changed to the identified voltage.
Kim teaches an analogous air cleaning apparatus (Abstract, pars 0019-0021, FIG. 3) that comprises a sensor that senses data related to one or more of a particle count, a contaminant level, and a level of ozone (receive a pollution measurement signal transmitted from a pollution measuring instrument 17 which includes a pollution level sensor, par 0037) included in air at an input of the air filtration apparatus (the pollution measuring instrument 17 measuring a state of indoor air pollution, pars 0037 and 0042-0046);
and a processor (microcomputer 19, pars 0042-0046) that executes the method of:
receiving sensor data related to one or more of a particle count, a contaminant level, and a level of ozone (receive a pollution measurement signal transmitted from a pollution measuring instrument 17 which includes a pollution level sensor, par 0037) included in air at an input of the air filtration apparatus (the pollution measuring instrument 17 measuring a state of indoor air pollution, pars 0037 and 0042-0046);
evaluating the received sensor data (FIG. 7, steps S710/S720/S730; pars 0042-0047) to identify a first set of operating conditions (pollution level determined by the above microcomputer 19 is divided into control levels of "high", "medium" and "low", depending on the pollution state, par 0049) associated with the air filtration apparatus (above pollution level is applied to the air cleaning element, par 0047);
accessing data that identifies operational requirements of an operating environment (microcomputer 19 determines whether the pollution level of indoor air is over predetermined level 1/predetermined level 2, pars 0043-0046) associated with the air filtration apparatus (above pollution level is applied to the air cleaning element, par 0047);
identifying an operational setting of the air filter apparatus to be changed (control unit raises the AC voltage or the AC frequency applied to the air cleaning element, par 0016, FIG. 7) based on identifying that the first set of conditions do not correspond to the operational requirements of the operating environment (when the pollution level of indoor air is a high level, par 0016, FIG. 7);
identifying a voltage to apply (FIG. 7, small or medium or large voltage, pars 0043-0044 and 0049) to the wire of the air filtration apparatus (input voltage applied to discharge electrode, pars 0033-0034); and
initiating a change to the operational setting of the air filtration apparatus (AC voltage applied to high-voltage generator 15 may be raised, par 0045), based on the identified operational setting of the air filtration apparatus to be changed (FIG. 7, when the microcomputer 19 determines that the pollution level of indoor air is over a predetermined level, par 0045), wherein the change to the operational setting results in changing the first set of operating conditions associated with the air filtration apparatus (while the pollution level of indoor air is over the predetermined level 2, the AC voltage or the AC frequency is set to a control level of "large", par 0044), wherein the operational setting of the air filter apparatus is a voltage setting (AC voltage is set, par 0044) and the change to the operational setting results in the voltage applied to the wire being changed to the identified voltage (AC voltage is set to a control level of “large”, par 0044). The parenthetical examples refer to a scenario in which voltage is raised to remove a high level of detected contaminants from the air, but other voltage control scenarios are detailed in pars 0041-0051. The sensor feedback-control capability of Kim fills a deficiency in the device of Jaisinghani, enabling the sensing of a pollution level and controlling a voltage according to the pollution level to remove contaminants without generating excess ozone (Kim pars 0055-0056).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include within the apparatus of Jaisinghani a contaminant sensor integrated with a microprocessor as detailed in italics above as taught by Kim. Doing so would predictably and beneficially enable pollution sensing within the apparatus, as the sensor of Kim reliably determines the pollution level of indoor air as compared to predetermined levels that can be set as operational requirements of the environment associated with the air filtration apparatus. Doing so would also predictably enable control of the DC high voltage taught by Jaisinghani in a manner that effectively removes pollutants according to the sensed concentration while limiting the release of hazardous ozone as taught by Kim.
Kim further teaches a microcomputer that is “formed” to receive a pollution measurement signal and control the high-voltage generator (Kim par 0037). The combination does not specifically teach that this microcomputer includes a memory, nor that the processor executes instructions out of the memory to carry out the above method.
Botvinnik teaches an analogous air treatment device having a voltage control (Title, Abstract) wherein a control unit includes a memory that is configured to store machine readable executable instructions or control routines that are executable by the control unit (par 0036). These control routines include regulating voltage supplied to the electrode assembly (par 0036) responsive to current data or information via a control signal (par 0036), indicating that such a memory can suitably provide instructions to control a similar process of ionizing air to remove contaminants (par 0020).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to store instructions to execute the method steps of modified Jaisinghani on a non-transitory computer-readable memory as taught by Botvinnik. Doing so would predictably enable the processor to execute the method, as Botvinnik demonstrates that voltage control within an air ionizing purifier can be suitably controlled using such programmed instructions.
31. Regarding claim 18, Jaisinghani as modified by Kim and Botvinnik teaches the apparatus of claim 17. Jaisinghani focuses on device design for different operating environments thus does not teach wherein the processor also executes instructions out of the memory to identify the operating environment from a plurality of different operating environments and access data that identifies operational requirements of the identified operating environment.
The analogous control method taught by Kim further includes identifying the operating environment from a plurality of different operating environment (determines the pollution level of indoor air and determines whether the pollution level of indoor air is over a predetermined level 2, over the predetermined level 1 and below the predetermined level 2, or below the predetermined level 1, Kim pars 0042-0044); and wherein accessing the data that identifies the operational requirements of the operating environment includes accessing data that identifies operational requirements of the identified operating environment (set voltage to a control level of “high”, “medium”, or “low” based on pollution level, Kim pars 0043-0047).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further include steps within the method stored on memory of the apparatus of modified Jaisinghani of identifying the operating environment from a plurality of operating environments and accessing data that identifies operational requirements of the identified operating environment as taught by Kim. Such data would predictably provide the similar benefit of enabling adjustment of the system voltage to purify the air based on the operational needs of the environment as taught by Kim (Kim pars 0043-0047).
32. Regarding claim 21, Jaisinghani as modified by Kim and Botvinnik teaches the apparatus of claim 17, wherein the method embodied in the instructions would treat an air flow within an air cleaning apparatus arranged within an air conditioner, an air cleaner, or the like (par 0002). The combination does not teach that the method would further comprise initiating an airflow change.
Botvinnik teaches an analogous air treatment device with active control of electrode voltage (pars 0006-0007). Based on changes in environmental conditions, the voltage control device will also increase the fan speed and the airflow rate to the electrode assembly (par 0045), enabling the device to run at higher throughput thereby increasing the efficiency of the electrode assembly (par 0039).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further include executable instructions within the memory of modified Jaisinghani to initiate an airflow change in response to changes in environmental conditions as taught by Botvinnik. Doing so would predictably enable a higher throughput of air to be treated while minimizing hazardous ozone release, increasing the contaminant removal efficiency similarly to the device of Botvinnik.
33. Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Jaisinghani, Kim, and Botvinnik as applied to claim 17 above, and further in view of Fleischer (US 20040258585 A1).
34. Regarding claim 22, Jaisinghani as modified by Kim and Botvinnik teaches the apparatus of claim 17, and Kim teaches wherein the received sensor data includes data that identifies a level of indoor air pollution (par 0037). Jaisinghani also teaches that the electrically enhanced filters have bactericidal properties to kill bacteria entering in the air flow (Jaisinghani par 0076). The combination does not teach wherein the sensor data includes data that identifies a level of pathogens included in the air.
Fleischer teaches an analogous air treatment device (Abstract, pars 0005 and 0019-0020) using a discharge voltage to ionize indoor air (par 0036) and sensors to monitor air quality/air contaminants, ozone, and airflow (par 0035). One of these sensors is described as a sensor for at least one biological organism, for example, a bacterium or virus (par 0032). Fleischer teaches the detection of contaminants such as pathogens is advantageous in a control arrangement that prevents these pathogens from entering the air supplied to the room (pars 0009-0010).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include within the apparatus of modified Jaisinghani a sensor that provides data identifying a pathogen level as taught by Fleischer. Doing so would predictably provide similar information to the operator about levels of harmful bacteria and/or viruses and enable the device to take action to prevent human exposure to the agents in the airflow.
35. Regarding claim 23, Jaisinghani as modified by Kim, Botvinnik, and Fleischer teaches the apparatus of claim 17, wherein the pathogens include at least one of a bacteria, a fungus, or a virus (biological organism is a bacterium or a virus, Fleischer par 0032; biological particles, such as bacteria, will be killed by electrical fields, Jaisinghani par 0076).
Response to Arguments
36. Applicant’s arguments, see Remarks filed 07 October 2025 pages 13 and 15-18, with respect to the objections to and rejections of claims 1-2, 6-10, 14-18, and 21-23 under 35 U.S.C. 112(b), 35 U.S.C. 102(a)(1), and 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection under 35 U.S.C. 103 are made over Jaisinghani and Kim as necessitated by the amendments to address the newly recited limitations regarding specific device architecture and ozone threshold monitoring. Applicant’s point about ozone hazards is valid but does not distinguish the claims over the prior art, as Kim does acknowledge these hazards in pars 0054-0055: “Particularly, above a certain level ozone is toxic to humans. Thus, the amount of ozone and negative ions generated in the air cleaning element 20 must be adequately controlled depending on the pollution level.” Kim teaches such an ozone threshold in par 0056, stating “it is possible to effectively generate negative ions while minimizing ozone generation to an acceptable level depending on a state of indoor air”, accordingly selecting an operating voltage that does not exceed the ozone threshold as the “high-voltage is differently applied to the air cleaning element 20 depending on the pollution level of indoor air” (par 0054).
37. Applicant's arguments, see Remarks filed 07 October 2025 pages 13-15, with respect to the rejections of claims 1-2, 6-10, 14-18, and 21-23 under 35 U.S.C. 101 have been fully considered but they are not persuasive. Applicant asserts that the inclusion of concrete apparatus parts including a blower, entry and rear control grids, a high voltage wire, an exchangeable filter media, sensors, and a processor satisfies 35 U.S.C. 101 at least under Step 2A, Prong Two of the Alice/Mayo test, as supported by the recent decision in PowerBlock Holdings, Inc. v. iFIT, Inc., 24-1177 (Fed. Cir., August 11, 2025). Examiner respectfully disagrees. The dumbbell selection process in the invention of PowerBlock automates, using basic mathematical operations and a conventional motor, the dumbbells to be added to a handle in response to a weight selection input by a user. As the mental process of selecting the weight is performed by the user, the automated dumbbell selectorization does not qualify as an abstract idea under the Alice/Mayo test at least under Step 2A, Prong One. This differs from the “identifying” steps presently claimed, as the machine identifies operational conditions, operational requirements, operational settings to change, and voltage to apply in a manner that is stated with a high degree of generality. Thus, the “identifying” processes recited herein qualify as an abstract idea (category: mental process, see MPEP 2106.04(a)(2)(III)), and the generality of the recitation fails to integrate the abstract idea into a particular practical application. Examiner reiterates the recommendation to recite a specific cause-and-effect relationship between the identifying/evaluating steps and the resultant change in any operational setting, representing a clear improvement to technology to overcome the judicial exception.
Conclusion
38. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
39. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Talbert whose telephone number is (703)756-5538. The examiner can normally be reached Mon-Fri 8:00-5:00 Eastern Time.
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/ERIC TALBERT/Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758