Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Interpretation
The phrase of “for a washer” is understood as being directed to and further reciting the purpose or intended use of the claimed invention which does not result in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art do not limit the claim and do not distinguish over the prior art apparatus (or process). See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). If a prior art structure is capable of performing the intended use as recited in the claimed invention, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and cases cited therein, as it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See also MPEP § 2111.02 and § 2112 - § 2112.02.
Therefore, the at least claim 1 has been interpreted as follows:
“An exhaust system defining an exhaust path, said exhaust path comprising: a first conduit adapted, a condenser coupled to the first conduit and configured to cool and to extract humidity from said exhaust air, at least one filter housing connected to the condenser and adapted to accommodate at least one removable filter configured to filter said exhaust air, at least one fan connected to said filter housing and configured to draw said exhaust air through said first conduit, said condenser and said filter housing, an exhaust outlet connected to said fan for receiving exhaust air ejected by said fan, and a controller configured to control at least said fan to extract said exhaust air from said washer outlet and to eject dried and cooled exhaust air from said exhaust outlet; wherein the at least one filter housing includes a screw lock that is configured to enable selective access and remove the at least one filter.”
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.
Claim(s) 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Mansur (US 6227214) in view of Boisvert (US 7186338).
As regarding claim 1, Mansur discloses the claimed invention for an exhaust system (title and fig. 1) defining an exhaust path, said exhaust path comprising: a first conduit (81, 84) adapted, a condenser (107) coupled to the first conduit and configured to cool and to extract humidity from said exhaust air, at least one filter housing (14) connected to the condenser and adapted to accommodate at least one filter (92) configured to filter said exhaust air, at least one fan (33) connected to said filter housing and configured to draw said exhaust air through said first conduit, said condenser and said filter housing, an exhaust outlet (34) connected to said fan for receiving exhaust air ejected by said fan, and a controller (106) configured to control at least said fan to extract said exhaust air from said washer outlet and to eject dried and cooled exhaust air from said exhaust outlet.
Mansur does not disclose the removable filter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide the removable filter in order to enhance exhaust system performance, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnrnan, 168 USPQ 177, 179 and In reDulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Mansur as modified does not disclose wherein the at least one filter housing includes a screw lock that is configured to enable selective access and remove the at least one filter. Boisvert teaches wherein the at least one filter housing includes a screw lock (title and abstract) that is configured to enable selective access and remove the at least one filter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the at least one filter housing includes a screw lock that is configured to enable selective access and remove the at least one filter as taught by Boisvert in order to securely seal the filter housing and prevent air leakage or bypass flow, prevent accidental opening during operation and enhance safety, allow selective and controlled access for intentional maintenance, withstand vibration and mechanical stresses in industrial environment, permit repeated tightening and loosening during routine replacement, reduce manufacturing cost and complexity, and keep the filter securely locked in position to maintain performance and regulatory compliance.
As regarding claim 2, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention for at least one air inlet (30) communicatively coupling a source of hot air (heater 93) to said conduit upstream of said condenser for selectively introducing hot air into said exhaust path at said condenser under control of said controller.
As regarding claim 3, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention for wherein said air inlet (30) is connected to a drying air supply of said washer.
As regarding claims 4-5, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention except for wherein said hot air has a temperature in the range of 70°C to 90°C or 75°C to 85°C at said air inlet. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein said hot air has a temperature in the range of 70°C to 90°C or 75°C to 85°C at said air inlet in order to enhance exhaust system performance, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
As regarding claim 6, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention except for wherein said condenser comprises a coolant supply line and outlet line, the controller being adapted to monitor and/or control the flow of coolant through said condenser via said supply and outlet lines. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein said condenser comprises a coolant supply line and outlet line, the controller being adapted to monitor and/or control the flow of coolant through said condenser via said supply and outlet lines in order enhance exhaust system performance, since it was known in the art as shown in Graff (US 5915816; col 3 ln 45 – col ln 7).
As regarding claim 7, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention for a temperature sensor (Graff - col 3 ln 45 – col ln 7) adapted to monitor the temperature of coolant in said coolant outlet line and communicate a signal indicative of the monitored temperature to said controller.
As regarding claim 8, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention except for wherein said filter is a HEPA filter and said filter housing is configured to accommodate said filter in a BIBO arrangement. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein said filter is a HEPA filter and said filter housing is configured to accommodate said filter in a BIBO arrangement in order enhance exhaust system performance, since it was known in the art as shown in Montalti et al (US 20170106321; hereinafter Montalti; [0042]).
As regarding claim 9, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention except for wherein said filter housing further comprises a sensor for monitoring the condition of said filter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein said filter housing further comprises a sensor for monitoring the condition of said filter in order enhance exhaust system performance, since it was known in the art as shown in Fanning (US 20190030476; [0026]).
As regarding claim 10, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention except for a droplet barrier arranged between said condenser and said filter housing, said droplet barrier including at least one removable droplet filter, said droplet barrier is configured to accommodate said at least one droplet filter in a BIBO arrangement. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a droplet barrier arranged between said condenser and said filter housing, said droplet barrier including at least one removable droplet filter, said droplet barrier is configured to accommodate said at least one droplet filter in a BIBO arrangement in order to enhance exhaust system performance, since it has been held that mere duplication of parts has no patentable significance, unless a new and unexpected result is produced, since it involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
As regarding claim 11, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention for a cleaning supply line configured to supply cleaning fluid to at least one nozzle arranged in the exhaust path, wherein said controller is configured to control the supply of cleaning fluid to said cleaning supply line (col 3 ln 65 – col 4 ln 3).
As regarding claim 12, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention except for wherein said nozzles are arranged in at least one of the exhaust conduit, the condenser and the droplet barrier, said at least one nozzle being a ball nozzle adapted to spray cleaning fluid in a spherical pattern. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein said filter housing further comprises a sensor for monitoring the condition of said filter in order enhance exhaust system performance, since it was known in the art as shown in DesOrmeaux (US 20180339318; [0004]).
As regarding claim 13, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention for a frame (114) supporting the exhaust system, the frame being adapted to be mounted on a washer.
As regarding claim 14, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention for a washer (title and col 1 ln 35-40), the washer comprises an exhaust system.
Claims 15-18 are likewise rejected for reasons similar to those set forth with respect to claim 1-14 above.
As regarding claim 15, Mansur as modified discloses the claimed invention for a drying air supply fan configured to provide drying air supply to the chamber; and one or more air inlets that provide input air to the drying air supply fan; wherein the drying air supply fan is spaced away from the conduit. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a drying air supply fan configured to provide drying air supply to the chamber; and one or more air inlets that provide input air to the drying air supply fan; wherein the drying air supply fan is spaced away from the conduit in order to enhance washer performance, since it was known in the art as shown in Kim et al (US 20210307586; hereinafter Kim; [0051]-[0053] and [0063]) or Hong et al (US 20120055519; hereinafter Hong; [0092]).
As regarding claim 16, Mansur as modified discloses the claimed invention for wherein the condenser is positioned in the exhaust conduit (lines 81 and 84, which belong to condenser 107, are connected to the exhaust conduit such that its opening faces the interior of the conduit).
Mansur as modified does not disclose the condenser is positioned upstream of the at least one filter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide the condenser is positioned upstream of the at least one filter in order to enhance washer performance, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
As regarding claim 18, Mansur as modified discloses all of limitations as set forth above. Mansur as modified discloses the claimed invention for wherein the washer is an industrial washer configured for pharmaceutical manufacturing, biotech manufacturing, and/or laboratory diagnostic testing (col 1 ln 35-40).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 have been considered but are moot because of the new ground of rejection.
Conclusion
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.
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/DUNG H BUI/ Primary Examiner, Art Unit 1773