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.
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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over WO reference(WO2019/197693A1) taken together with Japanese reference(JP2019-141377A).
WO reference in figures 1-3,6-9,15 teach a filter section of a heating, ventilation, and air conditioning (HVAC) system(para 0108 stating “the variable filtration system could also be used in existing air conditioning or ventilation installations”) comprising: a plurality of filters (2,3 in figure 9) arranged in series relative to a flow path of air(air flow 1) through the filter section(conduit 10), the plurality of filters including at least one movable filter transformable between an extended position arranged within the flow path of air and a retracted position removed from the flow path of air(noting figure 9; para 0140 stating “this configuration is suitable for both for filters(2,3) of the same type of contaminant, where one of them is more efficient than the other, and depending on the concentration of the contaminant, one or the other filter(2,3) can be activated, as well as for filters of different contaminants or particles, which can be activated independently of each other depending on the concentrations and objectives of the contaminant that corresponds to each filter”) ; and at least one movement mechanism operably coupled to the at least one movable filter to transform the at least one movable filter between the extended position and the retracted position (para 0136 stating “the activation of the filter (2,3) may be manual or motorized”, wherein statement of “motorized” provides for at least one movement mechanism operably coupled to the at least one movable filter to transform the at least one movable filter between the extended position and the retracted position). WO reference is silent as to an active filter, the active filter being arranged at a downstream end of the filter section relative to the flow path of the air.
Japanese reference(JP2019-141377A) in figures 1 and 8 teaches a filter section of a heating, ventilation, and air conditioning system(para 0016 stating “the air purification module 10 can be used, for example, as a filter cartridge for a dust mask or as a filter device installed in a building’s ventilation opening”), the filter section including a plurality of filters arranged in series relative to a flow path of air through the filter section(noting air purification module 210 in figure 8, including air intake 22, filter section 34(noting para 0021 stating “the filter 34 may be composed of a combination of multiple types of air filters with different particle sizes that can be removed”), and an active filter(intermediate member 230, noting para 0034 stating “the intermediate member 230 is composed of a window member 236 and a ventilation member 238… The ventilation member 238 has photocatalytic properties, and for example, a photocatalytic material such as titanium dioxide is supported on it”). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide an active filter arranged at a downstream end of the plurality of filters arranged in series in WO reference in order to provide photocatalytic action to airflow to be purified in the filter section, whereby the photocatalytic action enhances the purification performance(para 0035 of Japanese reference).
With regards to claim 2, WO reference taken together with Japanese reference further teaches wherein at least one of the plurality of filters is fixedly mounted within the flow path of the air(filter 9 in figure 6).
With regards to claim 3, WO reference taken together with Japanese reference further teaches wherein the filter that is fixedly mounted is arranged upstream from the at least one movable filter(fixed filter 9 upstream in figure 6; para 0135 stating “or may be found within a variable filtration system in conjunction with other fixed filters (9)”).
With regards to claim 4, WO reference taken together with Japanese reference further teaches wherein the filter that is fixedly mounted is a pre-filter.
With regards to claim 5, WO reference taken together with Japanese reference further teaches wherein the filter that is fixedly mounted is arranged downstream from the at least one movable filter (para 0135 stating “or may be found within a variable filtration system in conjunction with other fixed filters (9)”) , wherein a second fixed filter downstream from the moveable filter in figure 6 is known from a statement of “in conjunction with other fixed filters (9)”.
With regards to claim 6, WO reference taken together with Japanese reference further teaches wherein the active filter is fixedly mounted within the flow path of the air.
With regards to claim 7, WO reference taken together with Japanese reference further teaches wherein the at least one movable filter is translatable between the extended position and the retracted position.
With regards to claim 8, WO reference taken together with Japanese reference further teaches wherein the at least one movable filter is rotatable between the extended position and the retracted position(figure 15 showing rotation of filter between extended position and retracted position).
With regards to claim 9, WO reference taken together with Japanese reference further teaches wherein the at least one movable filter further comprises a plurality of movable filters, wherein a configuration of the plurality of movable filters varies(noting plurality of filters in figures 2,3,9, wherein one or more of the filters is activated or deactivated at any moment; para 0115 stating “when filtration requirements increase, the activation of highly efficient filters(2) associated with a smaller particle size, may be associated with the deactivation of less efficient filters(3), associated with a larger particle size”).
With regards to claim 10, WO reference taken together with Japanese reference further teaches wherein the at least one movement mechanism includes a plurality of movement mechanisms, each movement mechanism being operably coupled to one of the plurality of movable filters(noting “motorized”).
With regards to claim 11, WO reference taken together with Japanese reference further teaches wherein the at least one movement mechanism is operably coupled to the plurality of movable filters.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over WO reference(WO2019/197693A1) taken together with Japanese reference(JP2019-141377A).
WO reference in figures 1-3,6-9,15 teach a heating, ventilation, and air conditioning (HVAC) system(para 0108 stating “the variable filtration system could also be used in existing air conditioning or ventilation installations”) comprising: a filter section(filters 2,3) configured to receive air, the filter section including at least one movable filter(2,3) transformable between an extended position arranged within a flow path of the air and a retracted position removed from the flow path of the air (noting figure 9; para 0140 stating “this configuration is suitable for both for filters(2,3) of the same type of contaminant, where one of them is more efficient than the other, and depending on the concentration of the contaminant, one or the other filter(2,3) can be activated, as well as for filters of different contaminants or particles, which can be activated independently of each other depending on the concentrations and objectives of the contaminant that corresponds to each filter”) ; at least one sensor for monitoring an air quality of the air (para 0111 stating “in air conditioning and ventilation, to determine whether a filter (2,3, 4, 16, 17) should be activated or not, criteria based on indoor air quality, outdoor air quality or air quality downstream of the filter(2,3,4,16,17) may be used”, noting a statement of “criteria” provides for inclusion of a sensor mechanism for monitoring an air quality of the air) ; and a controller operably coupled to the at least one sensor and to the at least one movable filter, wherein the controller is configured to move the at least one movable filter between the extended position and the retracted position in response to the air quality of the air(para 0136 stating “activation order may be by external concentration, internal concentration, upstream or downstream of the contaminant that the filters(2,3), by time, by use or voluntary based on pre-established criteria). WO reference is silent as to an active filter, the active filter being arranged at a downstream end of the filter section relative to the flow path of the air.
Japanese reference(JP2019-141377A) in figures 1 and 8 teaches a filter section of a heating, ventilation, and air conditioning system(para 0016 stating “the air purification module 10 can be used, for example, as a filter cartridge for a dust mask or as a filter device installed in a building’s ventilation opening”), the filter section including a plurality of filters arranged in series relative to a flow path of air through the filter section(noting air purification module 210 in figure 8, including air intake 22, filter section 34(noting para 0021 stating “the filter 34 may be composed of a combination of multiple types of air filters with different particle sizes that can be removed”), and an active filter(intermediate member 230, noting para 0034 stating “the intermediate member 230 is composed of a window member 236 and a ventilation member 238… The ventilation member 238 has photocatalytic properties, and for example, a photocatalytic material such as titanium dioxide is supported on it”). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide an active filter arranged at a downstream end of the plurality of filters arranged in series in WO reference in order to provide photocatalytic action to airflow to be purified in the filter section, whereby the photocatalytic action enhances the purification performance(para 0035 of Japanese reference).
With regards to claim 13, WO reference taken together with Japanese reference further teaches wherein the at least one sensor is arranged upstream from the filter section(noting “upstream”).
With regards to claim 14, WO reference taken together with Japanese reference further teaches wherein the at least one movable filter further comprises a plurality of movable filters (plurality of filters in figures 2,3,9) and a configuration of the plurality of movable filters varies.
With regards to claim 15, WO reference taken together with Japanese reference further teaches wherein the controller is configured to select at least one of the plurality of movable filters to arrange within the flow path in response to the air quality measured by the at least one sensor.
Allowable Subject Matter
Claims 16-18 and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 16 recites “sensing the air quality of the flow of air downstream from the filter section; sensing the air quality of an outdoor air provided to the HVAC system; adjusting a position of an outside air damper in response to sensing the air quality of the outdoor air”. WO reference teaches sensing an air quality of a flow of air upstream from a filter section; however WO reference does not teach or suggest sensing the air quality of the flow of air downstream from the filter section; sensing the air quality of an outdoor air provided to the HVAC system; and adjusting a position of an outside air damper in response to sensing the air quality of the outdoor air. Claims 17, 18, and 20 depend on claim 16 and hence are also allowed.
Response to Arguments
Applicant's arguments filed 9-22-2026 have been fully considered but they are not persuasive.
Applicant argues WO reference fails to teach an active filter arranged at a downstream end of the filter section relative to the flow path of air. Applicant further argues WO reference is silent with respect to any discussion of a filter that is operable to neutralize or destroy harmful contaminants. Such an active filter may require power, such as to activate or energize a light source that sterilizes the filter for example, and wherein WO reference does not describe any such active filter.
In response to the amendment of claims 1 and 12 requiring an active filter being arranged at a downstream end of the filter section relative to the flow path of the air, Examiner provides Japanese reference(JP2019-141377A), wherein as noted in the rejections to independent claims 1 and 12, Japanese reference teaches providing an active filter(photocatalytic filter) downstream of a plurality of filters within an airflow. Examiner furthermore respectfully submits wherein someone of ordinary skill in the art, requiring a mechanism for active filtration, would provide an active filter such as in Japanese reference downstream of the plurality of filters arranged in series of WO reference.
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 A HOPKINS whose telephone number is (571)272-1159. The examiner can normally be reached Mon-Thurs 6am-4pm.
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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
October 14, 2026
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