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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 20 recites “further comprising turning on an active filter”. Examiner has reviewed the current specification and is not able to locate a specific explanation of what is encompassed by “turning on an active filter”. Examiner notes that independent claim 16 defines “a plurality of movable filters” , however claim 16 does not refer to any of the plurality of movable filters as “active”, therefore examiner is unsure as to if the “active filter” is one of the plurality of movable filters, or another separate filter independent of the plurality of movable filters. Examiner furthermore respectfully submits a statement of “turning on” could refer to adding a specific component or composition to the filter to provide the filter with increased filtration capability, however the specification provides no guidance as to what is specifically referred to by “turning on an active filter”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by WO reference(WO2019/197693A1).
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).
With regards to claim 2, WO reference further teaches wherein the plurality of filters further comprises a filter(fixed filter 9 in figure 6) that is fixedly mounted within the flow path of air.
With regards to claim 3, WO 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 further teaches wherein the filter that is fixedly mounted is a pre-filter.
With regards to claim 5, WO 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 further teaches wherein the filter that is fixedly mounted is an active filter.
With regards to claim 7, WO 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 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 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 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 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. 102(a)(1) as being clearly anticipated by WO reference(WO2019/197693A1).
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).
With regards to claim 13, WO 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 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 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.
Claims 16-18, 20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by WO reference(WO2019/197693A1).
WO reference in figures 1-3,6-9,15 teach a method of adjusting a configuration of 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: sensing an air quality of a flow of air upstream from the filter section(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) ; identifying at least one of a plurality of movable filters to apply to the flow of air to achieve preset air quality limits of the HVAC system(noting activation of a high efficient filter 2 or less efficient filter 3); and moving the at least one movable filter identified into the flow of air.
With regards to claim 17, WO reference further teaches further comprising moving another of the plurality of movable filters out of the flow of air.
With regards to claim 18 , WO reference further teaches wherein identifying the at least one of the plurality of movable filters further comprises comparing the air quality of the flow of air with the preset air quality limits( 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).
With regards to claim 20 , WO reference further teaches further comprising turning on an active filter.
Allowable Subject Matter
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 19 recites “ further comprising: 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”. 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 further comprising 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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 5712707872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
June 16, 2026
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