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 .
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.
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.
Claims 21 – 29, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 2004/0144254 to Wiser, III et al. (hereinafter referred to as Wiser) in view of US Patent Application Publication No. 2016/0136560 to Gillilan (hereinafter referred to as Gillilan) and/or CN 102015062 to Muenkel et al. (hereinafter referred to as Muenkel).
In regard to claim 21, as shown in figure 1, Wiser discloses an apparatus for supporting a V-bank filter element (10). The front and rear walls (14, 16) can be considered to form a top and a bottom member for supporting multiple filter panels. The filter pads (12a, 12b) form a first media layer on the multiple filter panels. The support structure (24) forms a frame for coupling with the top member (14) and the bottom member (16). The frame supports the multiple filter panels and is disposed along a perimeter of the multiple filter panels at the outlet of the filter panels. The frame (24) includes an opening to allow an airstream to pass through the filter panels, as shown in figure 2.
Alternately, in the embodiment of figures 4 and 5, the housing (52) can be considered to form a frame for coupling with the top member and the bottom member. The frame (52) supports the multiple filter panels and is disposed along a perimeter of the multiple filter panels. The frame (52) also includes an opening to allow an airstream to pass through the filter panels.
Wiser does not specifically disclose a second media layer coupled together with the first media layer wherein the first media layer has a lower fiber density than the second media layer. As discussed in paragraphs [0034], [0035], and [0042] of Gillilan, it is known in the art to use filter media made of multiple layers coupled together. Both uniform layers and layers with a gradient in density are known in the art. As discussed in paragraph [0096] of the machine translation, Muenkel also discloses a filter medium having layers with a gradient in density. Muenkel describes this structure to improve a dust storage capacity of the filter medium.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wiser to include a filter media made from a at least two layers where one layer has a lower fiber density than the other as suggested by Gillilan and/or Muenkel as it is well known in the art to form filter media with layers having a gradient density and filter media of this type are known to provide an improved dust storage capacity.
In regard to claim 22, the top and bottom members (14, 16) are configured to support at least two filter panels (12a, 12b).
In regard to claims 23 and 24, as shown in figure 1, the top member (14) and the bottom member (16) are configured to angle the at least two filter panels (12a, 12b) with respect to one another to form a V-configuration.
In regard to claim 25, the top member (14) and the bottom member (16) are configured to encapsulate the at least two filter panels (12a, 12b) and couple with the frame (24) to provide structural rigidity.
In regard to claim 26, the frame (24) is configured to orient the one or more V-configurations within a HVAC system (30), as shown in figure 2.
In regard to claim 27, the frame (24) includes a flange (26) that forms a lip and can be considered to have a shape and size suitable for supporting the one or more V-configurations within a HVAC system.
In regard to claim 28, the frame (24) is recited to be a support structure and inherently includes a rigid material that is suitable for supporting the filter panels within an HVAC system.
In regard to claim 29, the lip (26) and the shape and size of the frame (24) can be considered to be configured according to the make and model of the HVAC system, as broadly recited in the claim.
In regard to claim 37, the apparatus of Wiser and Gillilan and/or Muenkel inherently performs a method for supporting a V-bank filter element, comprising: configuring a top member and a bottom member to support multiple filter panels; forming one or more openings in a frame to allow an airstream to pass through the frame wherein the frame is configured to couple the top member and the bottom member and further wherein the frame supports the multiple filter panels and further wherein the frame is disposed along a perimeter of the multiple filter panels; providing a plurality of filter media layers whereby the plurality of media layers having different densities between the plurality of filter media layers; and coupling the frame to the top member and the bottom member.
Claims 21 – 26 and 30 – 40 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 2014/0096493 to Kelmartin et al. (hereinafter referred to as Kelmartin) in view of US Patent Application Publication No. 2016/0136560 to Gillilan (hereinafter referred to as Gillilan) and/or CN 102015062 to Muenkel et al. (hereinafter referred to as Muenkel).
In regard to claim 21, as shown in figures 1A – 4D, Kelmartin discloses an apparatus (1) for supporting a V-bank filter element (10). The side plates (50a, 50b) can be considered to form a top member and a bottom member for supporting multiple filter panels (30a, 30b). Each panel includes a filter media layer. The panels (30a, 30b) are disclosed to include composite filter media in paragraph [0061]. In this case, each panel includes a first media layer and second media layer that are coupled together. The header member (20) forms a frame for coupling with the top member (50a) and the bottom member (50b). The frame (20) supports the multiple filter panels and is disposed along a perimeter of the multiple filter panels at the inlet/outlet side of the filter panels. The frame (20) includes one or more openings (24) to allow an airstream to pass through the filter panels (30a, 30b).
Kelmartin does not specifically disclose the composite filter media to have a second media layer coupled together with the first media layer wherein the first media layer has a lower fiber density than the second media layer. As discussed in paragraphs [0034], [0035], and [0042] of Gillilan, it is known in the art to use filter media made of multiple layers coupled together. Both uniform layers and layers with a gradient in density are known in the art. As discussed in paragraph [0096] of the machine translation, Muenkel also discloses a filter medium having layers with a gradient in density. Muenkel describes this structure to improve a dust storage capacity of the filter medium.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kelmartin to include a filter media made from a at least two layers where one layer has a lower fiber density than the other as suggested by Gillilan and/or Muenkel as it is well known in the art to form filter media with layers having a gradient density and filter media of this type are known to provide an improved dust storage capacity.
In regard to claim 22, the top and bottom members (50a, 50b) are configured to support at least two filter panels (30a, 30b).
In regard to claims 23 and 24, as shown in figures 1A – 4D, the top member (50a) and the bottom member (50b) are configured to angle the at least two filter panels (30a, 30b) with respect to one another to form a V-configuration.
In regard to claim 25, the top member (50a) and the bottom member (50b) are configured to encapsulate the at least two filter panels (30a, 30b) and couple with the frame (20) to provide structural rigidity.
In regard to claim 26, the frame (20) is capable of orienting the one or more V-configurations within a HVAC system.
In regard to claim 30, as shown in figures 1A – 4D, the top member (50a) and the bottom member (50b) are configured to arrange the V-bank filter element such that front edges of an adjacent V-bank filter element panels are placed in contact and rear edges of adjacent V-bank filter element panels similarly are placed in contact.
In regard to claim 31, as best shown in figures 3A and 3C, the top member (50a) and the bottom member (50b) each includes a seat (52a, 52b) configured to receive respective top edges and bottom edges of the filter panels such that the filter panels are arranged into the one or more V-configurations.
In regard to claims 32 and 33, The one or more openings (24) allow the air stream to enter an upstream volume defined by two adjacent filter panels (30a, 30b). Further, a downstream volume can be considered to be defined by two adjacent filter panels allowing a clean airstream to exit the V-bank filter element.
In regard to claims 34 and 35, the seats (52a, 52b) are configured to fixate the one or more V-configurations such that the upstream volume or the downstream volume defined by the one or more V-configurations include substantially identical angles and areas.
In regard to claim 36, as discussed in paragraph [0065] of Kelmartin, the top member (50a) and the bottom member (50b) are comprised of a rigid material suitable for maintaining the one or more V-configurations.
In regard to claim 37, In regard to claim 37, the apparatus of Kelmartin and Gillilan and/or Muenkel inherently performs a method for supporting a V-bank filter element, comprising: configuring a top member and a bottom member to support multiple filter panels; forming one or more openings in a frame to allow an airstream to pass through the frame wherein the frame is configured to couple the top member and the bottom member and further wherein the frame supports the multiple filter panels and further wherein the frame is disposed along a perimeter of the multiple filter panels; providing a plurality of filter media layers whereby the plurality of media layers having different densities between the plurality of filter media layers; and coupling the frame to the top member and the bottom member.
In regard to claims 38 – 40, as best shown in figures 3A and 3C of Kelmartin, configuring the top and bottom members includes configuring seats (52a, 52b) to receive respective top edges and bottom edges of the filter panels (30a, 30b) such that the filter panels are arranged into one or more V-configurations. The seats (52a, 52b) can be considered to be configured to fixate the one or more V-configurations such that upstream volumes defined by the one or more V-configurations include substantially identical angles and areas. Additionally, forming the openings (24) includes configuring the one or more openings to each allow the airstream to enter an upstream volume defined by two adjacent filter panels (30a, 30b).
Response to Arguments
Applicant’s arguments, see pages 5 – 7, filed October 20, 2025, with respect to the rejections of claims 21 – 40 under 35 USC 112(b) and/or 35 USC 102(a)(1) have been fully considered and are persuasive. Therefore, these rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the amendments to the claims and newly found prior art rejections. The examiner agrees that Wiser and Kelmartin fail to teach all of the limitations in the amended claims. These limitations, however, are disclosed in the new references, see the rejections under 35 USD 103 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Other prior art references listed on the PTO-892 (Notice of References Cited) are considered to be of interest disclosing similar filters having media with gradient in the fiber density.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 9-5.
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773