DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. The amendment filed 29 January 2026 has been received and considered for examination. Claims 17-23 are presently pending and being examined herein.
3. All rejections under 35 U.S.C. 112(b) and 35 U.S.C. 103 and objections from the previous Office action are withdrawn in view of Applicant’s amendment.
4. The double patenting rejection is maintained as no terminal disclaimer has been received.
5. New grounds of rejection under 35 U.S.C. 112(b) and 35 U.S.C. 103 are necessitated by the amendments, as detailed below.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 17-20 and 23 are 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.
8. Regarding claim 17, the listing of alternatives separated by the conjunction “or” in the third line of page 6 lends to an indefinite scope as it is not explicitly clear which clauses/features are included in each claimed alternative. For the purpose of examination, the second air cleaner is interpreted as comprising two alternative claimed embodiments, one encompassing the limitations recited in lines 33-51 and the other encompassing the limitations recited in lines 52-65. Specifically at issue are the limitations “wherein the frame has a dimension….and the electrical connector [is?] mounted on the frame at about a midpoint of the dimension at or about 165 mm” and “wherein the second air cleaner is housed in the transport system or the ducted system and within the air flow path”, as it is unclear whether these limitations apply to both alternative embodiments or only the second one. Examiner recommends using a semicolon before “wherein the frame has a dimension…” to clearly separate the second alternative embodiment from the shared limitations that follow (if so intended by Applicant), and the quoted limitations above are interpreted herein as shared between both embodiments of the second air cleaner.
Further, the limitation “the frame” in the fifth line of page 6 lacks antecedent basis, as only a singular frame is only introduced as part of the other embodiment in the sixteenth line of page 5. A conflict of number and orientation arises it is unclear whether each of the modules in the array has its own frame or whether the modules share a single frame, thus the limitation is indefinite.
9. Claims 18-20 and 23 are rejected by virtue of their dependence on and failure to cure the deficiencies of indefinite claim 17.
Claim Rejections - 35 USC § 103
10. 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.
11. Claims 17, 20, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US 20200182495 A1) in view of Mello et al (US 20090025559 A1) and Kim et al (US 20180021468 A1).
12. Regarding claim 17, Park teaches a system for air cleaning and/or sanitization (air purifier, Abstract, pars 0047-0053) in a heating, ventilation, air conditioning, and/or refrigeration system (purifying recycled air for air conditioning system, par 0047), comprising:
an air flow path (FIGS. 2-7), the air flow path to deliver air to the space serviced by the HVACR system (inlet 211 for sucking air from an indoor space and outlet 213a, 213b through which purified air is discharged, par 0078);
a fan within the air flow path (direction of the air passage may be changed by controlling the rotation of the fan in the air purifier, par 0053),
a first air cleaner (deodorizing filter 110d may include adsorption and decomposition filters, par 0088) having a capacity (information about the contamination of the filter, pars 0081 and 0096), the first air cleaner within the air flow path (filters 110 disposed in air passage, pars 0075-0076);
a second air cleaner (harmful gas filter 110c, pars 0083 and 0085), the second air cleaner within the air flow path (filters 110 disposed in air passage, pars 0075-0076) in series with the first air cleaner (harmful gas filter 110c in series with deodorizing filter 110d, FIG. 3);
a controller to control selection of the second air cleaner (processor 130 may control the driving unit 120 so that at least one filter among the plurality of filters 110 is disposed in the air passage inside the air purifier 1000, pars 0075-0076; control the driving unit 120 so that the harmful gas removal filter is disposed in the air passage, pars 0154 and 0083-0085); and
a sensor to detect a concentration of airborne contaminants in the space serviced by the HVACR system (air purifier may include a gas and/or dust sensor to identify an air state, pars 0063 and 0089),
the controller to receive the detected concentration of airborne contaminants (processor identifies air state based on the output value of the dust sensor and/or gas sensor, pars 0075-0076; concentration of gas may be identified based on the size of the sensing value, par 0073) in the space serviced by the HVACR system (sensor unit measures the air state at a desired space, par 0137), and to determine whether the detected concentration of airborne contaminants exceeds a threshold relative to the capacity of the first air cleaner (if a particular source of contaminants is present above a certain concentration, reference information may be stored to identify that the air condition is a contaminated state, par 0154);
the first air cleaner having a cleaning material different from the second air cleaner (materials to be used for harmful gas filter in pars 0085-0087, materials to be used for deodorizing filter in pars 0088 and 0154), and the first air cleaner, relative to the second air cleaner, to treat the space serviced by the HVACR system at a lower concentration of airborne contaminants (second air cleaner i.e., harmful gas filter only deployed when a particular source of contaminants is present above a certain concentration, par 0154),
the second air cleaner comprising: one or more cleaner modules (FIGS. 3-7, filters 110a-e configured to be moved individually by driving unit 120, pars 0056-0059), each of the one or more cleaner modules mounted within a frame (FIGS. 3-7, 110a-e), the frame being a four sided parallelogram with a right angle (FIGS. 3-7, 110a-e);
an electrical connector mounted on each of the one or more cleaner modules (basic unit of the units forming the assembly-type air purifier 1000 can be supplied with power through an electric cord, par 0141), the electrical connector to connect the air cleaning apparatus to power and to a control (processor 130 may control the driving unit 120 to individually move the plurality of filters 110, par 0061),
each of the one or more cleaner modules includes four cells (plurality of filters may be manufactured as a module in a combination as desired by a user, par 0052; FIGS. 15-16, each module consists of four filter cells),
the one or more cleaner modules consisting of one to six cleaner modules (harmful gas filter 110c is for the use of removing harmful gas and is divided into an absorption filter and a decomposition filter, par 0085; FIG. 16 depicts three modules), and
wherein the second air cleaner is housed in a ducted system and within the air flow path (plurality of filters disposed in the air passage, pars 0075-0076, FIGS. 3-7).
The limitations wherein when the detected concentration of airborne contaminants exceeds the threshold, the controller selects the second air cleaner and enables the second air cleaner that is within the air flow path in series with the first air cleaner to be activated in the space serviced by the HVACR system and when the detected concentration of airborne contaminants does not exceed the threshold, the first air cleaner that is within the air flow path in series with the second air cleaner is enabled in the space serviced by the HVACR system, and the second air cleaner is not activated describe an intended use of the device.
Examiner notes that the controller of Park is configured to perform the claimed sequence as evidenced by the following: when the detected concentration of airborne contaminants exceeds the threshold (if a particular source of contaminants is present above a certain concentration, par 0154), the controller selects the second air cleaner and enables the second air cleaner that is within the air flow path in series with the first air cleaner to be activated in the space serviced by the HVACR system (control the driving unit 120 so that the harmful gas removal filter is disposed in the air passage, pars 0154 and 0083-0085; harmful gas filter 110c among filters 110a-e in series, FIGS. 3-7); and
when the detected concentration of airborne contaminants does not exceed the threshold, the first air cleaner that is within the air flow path in series with the second air cleaner is enabled in the space serviced by the HVACR system, and the second air cleaner is not activated (control the driving unit so that the deodorizing filter is disposed in the air passage, pars 0154 and 0101).
Although Park teaches that the air purification system can be incorporated within an air conditioning system (par 0047), Park does not teach the specific parts of a conventional HVACR system, namely, a compressor, a condenser, an expander, and an evaporator arranged as a fluidly connected circuit to heat and/or cool a space serviced by the HVACR system with one or more of the condenser and evaporator of the fluidly connected circuit in a heat exchange relationship with the air flow path.
Kim teaches an analogous air conditioner including a sterilization module (Abstract, pars 0003-0004 and 0041), the air conditioner including a compressor (par 0003), a condenser (par 0003), an expander (par 0003), and an evaporator (par 0003), the compressor, condenser, expander, and evaporator arranged as a fluidly connected circuit (as a refrigerant flow path, par 0003) to heat and/or cool (during an air cooling operation, a cool conditioned air may be discharged, par 0061) a space serviced by the HVACR system (discharges conditioned air to an indoor space, par 0010). Kim further teaches wherein one or more of the condenser and evaporator of the fluidly connected circuit in a heat exchange relationship with the air flow path (condenser or the evaporator in which the air is subject to heat exchange, pars 0003 and 0057) and the HVAC system is configured in one of a transport system or a ducted system (air conditioner moves the air from inlet to outlet, par 0057).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to implement the air cleaning system of Park in a conventional air conditioner with the features taught by Kim, namely a compressor, a condenser, an expander, and an evaporator arranged as a fluidly connected circuit in a heat exchange relationship with the air flow path. Doing so would predictably provide the same capability to heat and/or cool a space serviced by the HVACR system in addition to the air cleaning functions taught as advantageous by both Park (par 0047) and Kim (par 0004).
Park is silent about any wiring connections, though one of ordinary skill in the art would recognize that any electric actuator for moving filters (par 0058) or electrostatic discharge filter (par 0086) would need a means for connecting to power.
Mello teaches an analogous air conditioning system including an electrostatic air filter apparatus (Abstract, pars 0008-0009), the electrical connector including at least three wiring connections (FIG. 28, electrical contacts 260, 260, 261, 261 and ground plug 276 formed in side member 214 can be connected to wires, e.g., ground wires 275, par 0103), the at least three wiring connections having a first and a second wiring location on opposing ends relative to each other (FIG. 28, electrical contacts 260, 261 on opposite sides of filter module 132), the first and second wiring locations configured to serially connect one of the one or more cleaner modules to another cleaner module (electrical contacts 260, 261 electrically interconnect the downstream electrodes 143 of the plurality of filters 140, par 0103), and a third wiring location being on a side that is the same as the first wiring location (ground plug 276 of side member 214 on same side as wiring contacts 260, FIGS. 23 and 28) and at an opposite end from the first wiring location (ground plug 276 located near corner away from wiring locations 260, FIG. 23), and the third wiring location located on a different side than second wiring location (ground plug 276 of side member 214 on opposite side from wiring contacts 261, FIGS. 23 and 28), the third wiring location configured to serially connect the one of the one or more cleaner modules to another cleaner module (electrical contacts 260, 261 electrically interconnect the downstream electrodes 143 of the plurality of filters 140, par 0103).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the wiring of the air cleaning modules of Park as taught by Mello, specifically such that the electrical connector includes at least three wiring connections, the at least three wiring connections having a first and a second wiring location on opposing ends relative to each other, the first and second wiring locations configured to serially connect one of the one or more cleaner modules to another cleaner module, and a third wiring location being on a side that is the same as one of the first or second wiring locations and at an opposite end from the one of the first or second wiring location, and the third wiring location located on a different side than the other of the first or second wiring location. Doing so would predictably provide power in a similar manner demonstrated by Mello, and by virtue of the wired connection taught as a conventional flexible wire with a small profile (Mello FIG. 23, ground wire 275), the third wiring connection of modified Park would be additionally configured to allow rotation of the module and to serially connect the one of the one or more cleaner modules to another cleaner module.
Examiner notes that the series of limitations or the second air cleaner comprising: an array of cleaner modules, each of the cleaner modules in the array having a frame, the frame being a four sided parallelogram with a right angle; and an electrical connector mounted on the frame, the electrical connector to connect the second air cleaner to power and to a control, the cleaner modules including two cells, the array of cleaner modules consisting of four to six cleaner modules is drafted as an alternative configuration of the second air cleaner, thus is construed as not required by the claim.
Park as modified teaches frames having mounting locations (chain is connected i.e. mounted to each of the plurality of filters, Park par 0059), the mounting locations being bidirectional (chain rotates filters in and out i.e. in two directions, Park par 0059), the frame being mounted together with the evaporator (evaporator fixed in flow path, Kim par 0003), and the electrical connector mounted on the frame (filter to which low temperature plasma type is applied generates plasma by a special electricity discharge, Park par 0086; FIG. 15, electricity must be attached via frame). The frames are depicted as fitting within a tower air purifier unit (Park FIG. 3) but Park is otherwise silent regarding the dimensions of the air cleaners. The combination does not teach the shared limitation wherein the frame has a dimension of at or about 165 mm X 535 mm X 25 mm, or has the dimension of at or about 6.5 in X 21 in X 1 in nor that the electrical connector would be mounted on the frame at about a midpoint of the dimension at or about 165 mm.
Mello further teaches wherein each filter 54 is approximately 18-22 inches in width, approximately 24-30 inches in height, approximately 4-6 inches deep (par 0088) and each filter is held in a framework 210 (pars 0095-0098). Mello teaches that the frame is formed around one face of the filter (Mello FIG. 26, frame 210), thus the depth or thickness dimension of the filter is demonstrated as not critical to the depth or thickness dimension of the frame. As Mello fits the length and width of the frame to the length and width of the filter to successfully hold the filter, a person having ordinary skill in the art would be expected to fit the frame dimensions to the dimensions of the space of application, which in Park would be a narrow rectangular duct. Thus the dimensions of the filter and frame are also not critical and can be tailored as needed by a skilled artisan.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ a frame in the device of modified Park with dimensions of about 6.5 in X 21 in X 1 in as taught by Mello. Doing so would predictably provide similar support to a filter of such dimensions, as Mello demonstrates a similarly designed frame can to support a filter within a ducted or transport system (Mello par 0088).
13. Regarding claim 20, Park as modified teaches the system of claim 17, wherein the second air cleaner is a photocatalytic oxidation air cleaner (harmful gas filter 110c includes filter to which photocatalysis is applied to removed harmful organic substances, Park pars 0085 and 0087).
14. Regarding claim 23, Park as modified teaches the system of claim 17, wherein the first air cleaner comprises filter media (deodorizing filter 110d…can be activated carbon, activated alumina, or the like, Park par 0088).
15. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US 20200182495 A1), Mello et al (US 20090025559 A1), and Kim et al (US 20180021468 A1) as applied to claim 17 above, and further in view of Roseberry (US 20070227362 A1).
Regarding claim 18, Park as modified above teaches the system of claim 17, but the combination does not teach wherein the capacity of the first air cleaner is a number of molecules of cleaning material the first air cleaner can generate, and the threshold is a stoichiometric ratio of the molecules of cleaning material to molecules of the airborne contaminants.
Roseberry teaches an analogous air filtration system to remove contaminants from air (Abstract, pars 0038-0039) wherein each filter is described to have a stoichiometric capacity for gaseous contaminant removal (par 0031) i.e. a ratio of molecules of cleaning material to molecules of the airborne contaminants, wherein the cleaning material is a media bed that can be regenerated (pars 0063-0064) i.e. the capacity of the first air cleaner comprises an amount, composed of molecules, of cleaning material that the first air cleaner can generate. The regenerating filter media is taught as beneficial because it increases the stoichiometric capacity of the media (par 0031), greatly extending the life of such media and maintaining the highest efficiency through a continuously cleansed surface (par 0064).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ for the first air cleaner of modified Park a regenerative media absorptive filter as taught by Roseberry. Doing so would predictably provide the same benefits of a higher stoichiometric cleaning ratio and longer life, while providing the claimed conditions wherein the capacity of the first air cleaner is a number of molecules of cleaning material the first air cleaner can generate, and the threshold is a stoichiometric ratio of the molecules of cleaning material to molecules of the airborne contaminants.
16. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US 20200182495 A1), Mello et al (US 20090025559 A1), and Kim et al (US 20180021468 A1) as applied to claim 17 above, and further in view of Parker (US 20070227362 A1).
Regarding claim 19, Park as modified above teaches the system of claim 17, but the combination does not teach wherein the first air cleaner includes a gaseous hydrogen peroxide generator.
Parker teaches an analogous linear air cleaning system (Abstract, pars 0003 and 0008-0012) employing photoreactive filtration media in the form of PCO reactor pads (par 0012) that react with ultraviolet radiation in a photocatalytic manner to create hydroxyl radicals and hydrogen peroxide (par 0012).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to operate the photocatalytic filter modules of modified Park in a manner taught by Parker, namely to illuminate the photoreactive filters with ultraviolet light to similarly produce gaseous hydrogen peroxide. Such a filter would predictably function as a gaseous hydrogen peroxide generator to further degrade and destroy organic contaminants via oxidation (Parker par 0012).
17. Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US 20200182495 A1) in view of Mello et al (US 20090025559 A1).
18. Regarding claim 21, Park teaches an air cleaning apparatus (air purifier, Abstract, pars 0047-0053) for an HVACR system (purifying recycled air for air conditioning, par 0047), comprising:
one or more cleaner modules (FIGS. 3-7, filters 110a-e configured to be moved individually by driving unit 120, pars 0056-0059), each of the one or more cleaner modules mounted within a frame (FIGS. 3-7, 110a-e), the frame being a four sided parallelogram with a right angle (FIGS. 3-7, 110a-e);
an electrical connector mounted on each of the one or more cleaner modules (basic unit of the units forming the assembly-type air purifier 1000 can be supplied with power through an electric cord, par 0141), the electrical connector to connect the air cleaning apparatus to power and to a control (processor 130 may control the driving unit 120 to individually move the plurality of filters 110, par 0061),
each of the one or more cleaner modules consists of four cells (plurality of filters may be manufactured as a module in a combination as desired by a user, par 0052; FIGS. 15-16, each module consists of four filter cells)
the one or more cleaner modules consisting of one to six cleaner modules (FIGS. 3-7),
the one or more cleaner modules being configured to be housed in a ducted system and within an air flow path (plurality of filters disposed in the air passage, pars 0075-0076, FIGS. 3-7).,
wherein the one or more cleaner modules are configured to be selected when a detected concentration of airborne contaminants exceeds a threshold (if a particular source of contaminants is present above a certain concentration…identify which of the plurality of filters 110 is to be disposed in the air passage, par 0154) relative to a capacity of a first air cleaner (e.g., processor 130 can identify the type of dust filter and the number of dust filters required when the dust is 50 μg/m3, par 0154) that is within an air flow path in series with the one or more cleaner modules (plurality of filters 110 is to be disposed in the air passage, par 0154), and when the detected concentration of airborne contaminants does not exceed the threshold, the first air cleaner that is within the air flow path in series with the one or more cleaner modules is enabled in the space serviced by the HVACR system, and the one or more cleaner modules is not activated (dispose a predetermined type of dust filter and a predetermined number of dust filters in the air passage i.e. if dust does not exceed threshold, no additional dust filters are activated by the driving unit, par 0154).
Park is silent about any wiring connections, though one of ordinary skill in the art would recognize that any electric actuator for moving filters (par 0058) or electrostatic discharge filter (par 0086) would need a means for connecting to a power source.
Mello teaches an analogous air conditioning system including an electrostatic air filter apparatus (Abstract, pars 0008-0009), the electrical connector including at least three wiring connections (FIG. 28, electrical contacts 260, 260, 261, 261 and ground plug 276 formed in side member 214 can be connected to wires, e.g., ground wires 275, par 0103), the at least three wiring connections having a first and a second wiring location on opposing ends relative to each other (FIG. 28, electrical contacts 260, 261 on opposite sides of filter module 132), the first and second wiring locations configured to serially connect one of the one or more cleaner modules to another cleaner module (electrical contacts 260, 261 electrically interconnect the downstream electrodes 143 of the plurality of filters 140, par 0103), and a third wiring location being on a side that is the same as one of the first or second wiring locations (ground plug 276 of side member 214 on same side as wiring contacts 260, FIGS. 23 and 28) and at an opposite end from the one of the first or second wiring location (ground plug 276 located near corner away from wiring locations 260, FIG. 23), and the third wiring location located on a different side than the other of the first or second wiring location (ground plug 276 of side member 214 on opposite side from wiring contacts 261, FIGS. 23 and 28), the third wiring location configured to serially connect the one of the one or more cleaner modules to another cleaner module (electrical contacts 260, 261 electrically interconnect the downstream electrodes 143 of the plurality of filters 140, par 0103).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the wiring of the air cleaning modules of Park as taught by Mello, specifically such that the electrical connector includes at least three wiring connections, the at least three wiring connections having a first and a second wiring location on opposing ends relative to each other, the first and second wiring locations configured to serially connect one of the one or more cleaner modules to another cleaner module, and a third wiring location being on a side that is the same as one of the first or second wiring locations and at an opposite end from the one of the first or second wiring location, and the third wiring location located on a different side than the other of the first or second wiring location. Doing so would predictably provide power to the electrical discharge filters in a similar manner demonstrated by Mello, and by virtue of the wired connection taught as a conventional flexible wire with a small profile (Mello FIG. 23, ground wire 275), the third wiring connection of modified Park would be additionally configured to allow rotation of the module and to serially connect the one of the one or more cleaner modules to another cleaner module.
19. Regarding claim 22, Park as modified by Mello teaches the air cleaning apparatus of claim 21, wherein the frame supports the outside of the filter (Park FIGS. 3-7, filters 110a-e depicted as framed) thus nearly matching the length and width dimensions thereof. The combination is silent regarding the exact dimensions of the frame.
Mello teaches wherein each filter 54 is approximately 18-22 inches in width, approximately 24-30 inches in height, approximately 4-6 inches deep (par 0088) and each filter is held in a framework 210 (pars 0095-0098). Mello teaches that the frame is formed around one face of the filter (Mello FIG. 26, frame 210), thus the depth or thickness dimension of the filter is demonstrated as not critical to the depth or thickness dimension of the frame.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ a frame in the device of Park with dimensions of about 19 3/8 in X 23 3/8 in X 1 3/4 in as taught by Mello. Doing so would predictably provide similar support to a filter of such dimensions, as Mello demonstrates that a similarly designed frame can support a filter having similar dimensions of approximately 18-22 inches in width, approximately 24-30 inches in height, approximately 4-6 inches deep (Mello par 0088).
Double Patenting
20. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
21. Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 11,577,197.
Present
U.S. Patent No. 11,577,197
17. A system for air cleaning and/or sanitization in a heating, ventilation, air conditioning, and/or refrigeration (HVACR) system, comprising:
a compressor;
a condenser;
an expander;
an evaporator,
the compressor, condenser, expander, and evaporator arranged as a fluidly connected circuit to heat and/or cool a space serviced by the HVACR system;
an air flow path, the air flow path to deliver air to the space serviced by the HVACR system;
a fan within the air flow path,
one or more of the condenser and evaporator of the fluidly connected circuit in a heat exchange relationship with the air flow path;
a first air cleaner having a capacity, the first air cleaner within the air flow path;
a second air cleaner, the second air cleaner within the air flow path in series with the first air cleaner;
a controller to control selection of the first air cleaner and the second air cleaner; and
a sensor to detect a concentration of airborne contaminants in the space serviced by the HVACR system,
the controller to receive the detected concentration of airborne contaminants in the space serviced by the HVACR system, and to determine whether the detected concentration of airborne contaminants exceeds a threshold relative to the capacity of the first air cleaner;
when the detected concentration of airborne contaminants exceeds the threshold, the controller selects the second air cleaner, and enables the second air cleaner that is within the air flow path in series with the first air cleaner to be activated in the space serviced by the HVACR system; and
when the detected concentration of airborne contaminants does not exceed the threshold, the first air cleaner that is within the air flow path in series with the first air cleaner, and enables the first air cleaner to be activated in the space serviced by the HVACR system, and the second air cleaner is not activated,
the first air cleaner having a cleaning material different from the second air cleaner, and the first air cleaner, relative to the second air cleaner, to treat the space serviced by the HVACR system at a lower concentration of airborne contaminants,
the HVACR system is configured in one of a transport system or a ducted system,
the second air cleaner comprising:
one or more cleaner modules, each of the one or more cleaner modules mounted within a frame, the frame being a four sided parallelogram with a right angle;
an electrical connector mounted on each of the one or more cleaner modules, the electrical connector to connect the second air cleaner to power and to a control,
each of the one or more cleaner modules includes four cells,
the one or more cleaner modules consisting of one to six, eight, or twelve cleaner modules,
the electrical connector including at least three wiring connections,
the at least three wiring connections having a first and a second wiring location on opposing ends relative to each other, the first and second wiring locations configured to serially connect one of the one or more cleaner modules to another cleaner module, and
a third wiring location being on a side that is the same as the first wiring location and at an opposite end from the first wiring location, and the third wiring location located on a different side than the second wiring location, the third wiring location configured to allow rotation of the one or more cleaner modules and to serially connect the one of the one or more cleaner modules to the another cleaner module,
or the second air cleaner comprising:
an array of cleaner modules, each of the cleaner modules in the array having a frame, the frame being a four sided parallelogram with a right angle; and
an electrical connector mounted on the frame, the electrical connector to connect the second air cleaner to power and to a control
the cleaner modules including two cells,
the array of cleaner modules consisting of four to six cleaner modules,
wherein the frame has a dimension of at or about 165 mm X 535 mm X 25 mm, or being at a dimension of at or about 6.5 in X 21 in X 1 in,
the frame having mounting locations, the mounting locations being bi-directional,
the frame being mounted together with the evaporator, the electrical connector mounted on the frame at about a midpoint of the dimension at or about 165 mm, and
the second air cleaner being housed in the transport system or the ducted system and within the air flow path.
8. A system for air cleaning and/or sanitization in a heating, ventilation, air conditioning, and/or refrigeration (HVACR) system, comprising:
a compressor;
a condenser;
an expander;
an evaporator,
the compressor, condenser, expander, and evaporator arranged as a fluidly connected circuit to heat and/or cool a space serviced by the HVACR system;
an air flow path, the air flow path to deliver air to the space serviced by the HVACR system;
a fan within the air flow path,
one or more of the condenser and evaporator of the fluidly connected circuit in a heat exchange relationship with the air flow path;
a first air cleaner having a capacity, the first air cleaner within the air flow path;
a second air cleaner, the second air cleaner within the air flow path;
a controller to control activation of the first air cleaner and the second air cleaner; and
a sensor to detect a concentration of airborne contaminants in the space serviced by the HVAC system,
the controller to receive the detected concentration of airborne contaminants in the space serviced by the HVAC system, and to determine whether the detected concentration of airborne contaminants exceeds a threshold relative to the capacity of the first air cleaner;
when the detected concentration of airborne contaminants exceeds the threshold, the controller selects the second air cleaner, and enables the second air cleaner to be activated in the space serviced by the HVACR system; and
when the detected concentration of airborne contaminants does not exceed the threshold, the controller selects the first air cleaner, and enables the first air cleaner to be activated in the space serviced by the HVACR system,
the first air cleaner having a cleaning material different from the second air cleaner, and the first air cleaner, relative to the second air cleaner, to treat the space serviced by the HVACR system at a lower concentration of airborne contaminants.
13. The system of claim 8, wherein
the second air cleaner comprising:
one or more cleaner modules, each of the one or more cleaner modules mounted within a frame, the frame being a four sided parallelogram with a right angle;
an electrical connector mounted on each of the one or more cleaner modules, the electrical connector to connect the second air cleaner to power and to a control,
each of the one or more cleaner modules includes four cells,
the one or more cleaner modules consisting of one to six, eight, or twelve cleaner modules,
the electrical connector including at least three wiring connections,
the at least three wiring connections having a first and a second wiring location on opposing ends relative to each other, the first and second wiring locations configured to serially connect one of the one or more cleaner modules to another cleaner module, and
a third wiring location being on a side that is the same as one of the first or second wiring locations and at an opposite end from the one of the first or second wiring location, and the third wiring location located on a different side than the other of the first or second wiring location, the third wiring location configured to allow rotation of the module and to serially connect the one of the one or more cleaner modules to another cleaner module,
and
the second air cleaner being housed in a ducted system and within the air flow path.
22. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitation “the HVAC system is configured in one of a transport system or a ducted system” is encompassed by the claim language present in the published Patent “air flow path to deliver air to the space serviced by the HVACR system”, which reads upon a broad interpretation of “a transport system”. Also, the added limitation wherein “the second air cleaner is in the airflow path in series with the first air cleaner” is fully recited in the reference Patent, as the first and second air cleaners are housed in the airflow path and serially connected. Further, the alternate limitation recited at the end of the present claim beginning with “or” following a semicolon, seeks to broaden the scope but does not change that the published Patent reads upon the claim.
As indicated in Rejections under 35 U.S.C. 112(b) above, it is unclear whether the limitation “wherein the frame has a dimension of at or about 165 mm X 535 mm X 25 mm, or has the dimension of at or about 6.5 in X 21 in X 1 in, the frame having mounting locations, the mounting locations being bi-directional, the frame being mounted together with the evaporator, and the electrical connector mounted on the frame at about a midpoint of the dimension at or about 165 mm” is required by the present claim 17. If the limitation is required by the claim, the claim is rendered obvious in view of Park et al (US 20200182495 A1), who teaches
23. Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 11,577,197 in view of Roseberry et al (US 20070041882 A1).
The reference Patent claims the system of claim 17 but does not claim wherein the capacity of the first air cleaner being a number of molecules of cleaning material the first air cleaner can generate, and the threshold being a stoichiometric ratio of the molecules of cleaning material to molecules of the airborne contaminants. Examiner notes that this limitation is recited in reference Patent claim 9 but does not encompass the same scope as the present claim.
Roseberry teaches an analogous air filtration system to remove contaminants from air (Abstract, pars 0038-0039) wherein each filter is described to have a stoichiometric capacity for gaseous contaminant removal (par 0031) i.e. a ratio of molecules of cleaning material to molecules of the airborne contaminants, wherein the cleaning material is a media bed that can be regenerated (pars 0063-0064) i.e. the capacity of the first air cleaner comprises an amount, composed of molecules, of cleaning material that the first air cleaner can generate. The regenerating filter media is taught as beneficial because it increases the stoichiometric capacity of the media (par 0031), greatly extending the life of such media and maintaining the highest efficiency through a continuously cleansed surface (par 0064).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ for the first air cleaner claimed a regenerative media absorptive filter as taught by Roseberry. Doing so would predictably provide the same benefits of a higher stoichiometric cleaning ratio and extended operating life, while providing the claimed conditions wherein the capacity of the first air cleaner is a number of molecules of cleaning material the first air cleaner can generate, and the threshold is a stoichiometric ratio of the molecules of cleaning material to molecules of the airborne contaminants.
24. Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 11,577,197 in view of Parker (US 20070227362 A1).
The reference Patent claims the system of claim 17 but does not claim wherein the first air cleaner includes a gaseous hydrogen peroxide generator. Examiner notes that this limitation is recited in reference Patent claim 11 but does not encompass the same scope as the present claim.
Parker teaches an analogous linear air cleaning system (Abstract, pars 0003 and 0008-0012) employing photoreactive filtration media in the form of PCO reactor pads (par 0012) that react with ultraviolet radiation in a photocatalytic manner to create hydroxy radicals and hydrogen peroxide (par 0012).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ as a second air cleaner in the patent in a manner taught by Parker, namely to illuminate the photoreactive filters with ultraviolet light to similarly produce gaseous hydrogen peroxide. Such a filter would predictably function as a gaseous hydrogen peroxide generator to further degrade and destroy organic contaminants via oxidation (Parker par 0012).
25. Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 11,577,197 in view of Park et al (US 20200182495 A1).
The reference Patent claims the system of claim 17 but does not claim wherein the first air cleaner includes a gaseous hydrogen peroxide generator. Examiner notes that this limitation is recited in reference Patent claim 12 but does not encompass the same scope as the present claim.
Park teaches an analogous air cleaner (Abstract, pars 0047-0053) wherein the second air cleaner includes a photocatalytic oxidation air cleaner (harmful gas filter 110c includes filter to which photocatalysis is applied to removed harmful organic substances, pars 0085 and 0087).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ as the second air cleaner claimed harmful gas filter that includes a photocatalytic oxidation air cleaner as taught by Park. Doing so would predictably confer the same capability to remove harmful organic substances from the air flow.
26. Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 11,577,197 in view of Park et al (US 20200182495 A1).
Present
U.S. Patent No. 11,577,197
21. An air cleaning apparatus for an HVACR system, comprising:
one or more cleaner modules, each of the one or more cleaner modules mounted within a frame, the frame being a four sided parallelogram with a right angle;
an electrical connector mounted on each of the one or more cleaner modules, the electrical connector to connect the air cleaning apparatus to power and to a control,
each of the one or more cleaner modules consists of four cells,
the one or more cleaner modules consisting of one to six, eight, or twelve cleaner modules,
the electrical connector including at least three wiring connections,
the at least three wiring connections having a first and a second wiring location on opposing ends relative to each other, the first and second wiring locations configured to serially connect one of the one or more cleaner modules to another cleaner module, and
a third wiring location being on a side that is the same as one of the first or second wiring locations and at an opposite end from the one of the first or second wiring location, and the third wiring location located on a different side than the other of the first or second wiring location, the third wiring location configured to allow rotation of the one or more cleaner modules and to serially connect the one of the one or more cleaner modules to another cleaner module, and
the one or more cleaner modules being configured to be housed in a ducted system and within an air flow path, wherein the one or more cleaner modules are configured to be selected when a detected concentration of airborne contaminants exceeds a threshold relative to a capacity of a first air cleaner that is within an air flow path in series with the one or more cleaner modules, and when the detected concentration of airborne contaminants does not exceed the threshold, the first air cleaner that is within the air flow path in series with the one or more cleaner modules is enabled in the space serviced by the HVACR system, and the one or more cleaner modules is not activated.
15. An air cleaning apparatus, comprising:
one or more cleaner modules, each of the one or more cleaner modules mounted within a frame, the frame being a four sided parallelogram with a right angle;
an electrical connector mounted on each of the one or more cleaner modules, the electrical connector to connect the air cleaner to power and to a control,
each of the one or more cleaner modules consists of four cells,
the one or more cleaner modules consisting of one to six, eight, or twelve cleaner modules,
the electrical connector including at least three wiring connections,
the at least three wiring connections having a first and a second wiring location on opposing ends relative to each other,
the first and second wiring locations configured to serially connect one of the one or more cleaner modules to another cleaner module, and
a third wiring location being on a side that is the same as one of the first or second wiring locations and at an opposite end from the one of the first or second wiring location, and the third wiring location located on a different side than the other of the first or second wiring location, the third wiring location configured to allow rotation of the module and to serially connect the one of the one or more cleaner modules to another cleaner module, and
the second air cleaner being configured to be housed in a ducted system and within an air flow path.
27. Although the claims at issue are not identical, the minor differences are not patentably distinct in view of Park. The limitation for an HVACR system in the preamble describes an intended use of the air cleaning and/or sanitization apparatus claimed. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. See MPEP 2111.02(II).
While the reference Patent claims that the second cleaner is configured to be housed in a ducted system and within an air flow path, it does not specifically recite that the entire group of the one or more cleaner modules would be so configured to be housed in a ducted system and within an air flow path. The reference Patent also does not claim the control sequence when the detected concentration of airborne contaminants exceeds the threshold, the controller selects the second air cleaner and enables the second air cleaner that is within the air flow path in series with the first air cleaner to be activated in the space serviced by the HVACR system, and when the detected concentration of airborne contaminants does not exceed the threshold, the first air cleaner that is within the air flow path in series with the second air cleaner is enabled in the space serviced by the HVACR system, and the second air cleaner is not activated.
Park teaches an analogous air cleaner (Abstract, pars 0047-0053) wherein a plurality of filters are all disposed in the air passage (pars 0075-0076, FIGS. 3-7).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the one or more cleaning modules claimed to all be housed in the ducted system within an airflow path as taught by Park. Doing so would confer the same capabilities taught by Park, namely that some or all of the cleaning modules can be deployed in the air flow at the same time to remove a range of sensed contaminants and concentrations (Park pars 0083-0089).
Park also teaches that when the detected concentration of airborne contaminants exceeds the threshold (if a particular source of contaminants is present above a certain concentration, par 0154), the controller selects the second air cleaner and enables the second air cleaner that is within the air flow path in series with the first air cleaner to be activated in the space serviced by the HVACR system (control the driving unit 120 so that the harmful gas removal filter is disposed in the air passage, pars 0154 and 0083-0085; harmful gas filter 110c among filters 110a-e in series, FIGS. 3-7); and when the detected concentration of airborne contaminants does not exceed the threshold, the first air cleaner that is within the air flow path in series with the second air cleaner is enabled in the space serviced by the HVACR system, and the second air cleaner is not activated (control the driving unit so that the deodorizing filter is disposed in the air passage, pars 0154 and 0101)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the first and second air cleaning modules to be deployable and removable via the same control sequence taught by Park, as doing so would predictably provide the same improvement to the lifespan of filters as advantageously taught by Park (Park pars 0156-0157).
28. Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 11,577,197 in view of Park et al (US 20200182495 A1).
Present
U.S. Patent No. 11,577,197
22. The air cleaning apparatus of claim 21, wherein each frame has a dimension of at or about 11⅜ in×23⅜ in×1¾ in, at or about 19⅜ in×19⅜ in×1¾ in, at or about 19⅜ in×23⅜ in×1¾ in, or at or about 23⅜ in×23⅜ in×1¾ in.
16. The air cleaner apparatus of claim 15, wherein each frame being a dimension of at or about 11⅜ in×23⅜ in×1¾ in, at or about 19⅜ in×19⅜ in×1¾ in, at or about 19⅜ in×23⅜ in×1¾ in, or at or about 23⅜ in×23⅜ in×1¾ in.
As Park teaches the deficiencies of claim 15 of the reference Patent, discussed above, the scope of present claim 22 is rendered obvious over claim 16 of the reference Patent.
29. Claim 23 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 11,577,197 in view of Park et al (US 20200182495 A1).
The reference Patent claims the system of claim 17 but does not claim wherein the first air cleaner comprises filter media.
Park teaches a range of filter media that can be applied for the first and second air cleaners to be deployed depending on the contamination sensed (pars 0083-0088).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the first filter of the reference Patent to comprise filter media as taught by Park, as various filter media can predictably provide the contaminant removal required for the first air cleaner (Park par 0088).
Response to Arguments
30. Applicant's arguments, see Remarks filed 29 January 2026, with respect to the rejections of claims 17-22 under 35 U.S.C. 103 have been fully considered but they are not persuasive. Applicant asserts that Park teaches a series of air filters that can be deployed and removed from the air flow path thus cannot read upon both “in series” and “in the airflow path” when deployed and removed. Examiner disagrees, for semantic reasons. The phrasing “enables the second air cleaner that is within the air flow path in series with the first air cleaner” requires the second air cleaner to be in the air flow path, which Park teaches would be the case when activated (e.g, FIG. 7). The phrasing “the first air cleaner that is within the air flow path in series with the second air cleaner is enabled” requires the first air cleaner to be in the air flow path, which Park teaches would be the case even if the second air cleaner is not activated (e.g., FIG. 5). Examiner argues that the filters are always in series as the device of Park comprises a series of filters (FIGS. 3-7).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The disclosure of Park does not discuss wiring connections, so a person having ordinary skill in the art would be motivated to look to Mello to provide wiring connections for the electrically powered elements of Park. Mello need not teach the control details as those are taught in the base reference of Park. Likewise, Park teaches an air purifier i.e., ventilation unit with the control details but does not teach the specific features of an air conditioner, and Kim is relied upon for these features as Kim teaches an analogous air purification device incorporated into a conventional air conditioner. Accordingly, claims are/were properly rejected under 35 U.S.C. 103.
Terminal Disclaimer
31. In Remarks filed 29 January 2026 page 14, Applicant indicated that a terminal disclaimer has been filed, but no such document has been received. Thus, the double patenting rejection is not rendered moot and is reiterated above. A mere statement disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent Number 11,577,197 is NOT an acceptable terminal disclaimer.
32. Examples of acceptable language for making the disclaimer of the terminal portion of the patent being reexamined (or otherwise for an existing patent) follow:
I. If a Provisional Nonstatutory Double Patenting Rejection over a Pending Application was made, or is otherwise believed to be applicable to the patent, use:
The patentee, ___________, owner of __________ percent interest in the instant patent hereby disclaims the terminal part of the statutory term of the instant patent, which would extend beyond the expiration date of the full statutory term of any patent granted on pending reference application No. ______________, filed on ______________, as the term of any patent granted on said reference application may be shortened by any terminal disclaimer filed prior to the grant of any patent on the pending reference application. The patentee hereby agrees that the instant patent shall be enforceable only for and during such period that the instant patent and any patent granted on the reference application are commonly owned. This agreement is binding upon the patentee, its successors, or assigns.
II. If a Nonstatutory Double Patenting Rejection over a Reference Patent was made, or is otherwise believed to be applicable to the instant patent, use:
The patentee, ___________, owner of ________ percent interest in the instant patent hereby disclaims the terminal part of the statutory term of the instant patent, which would extend beyond the expiration date of the full statutory term of reference patent No. ______________ as the term of said reference patent is presently shortened by any terminal disclaimer. The patentee hereby agrees that the instant patent shall be enforceable only for and during such period that the instant patent and the reference patent are commonly owned. This agreement is binding upon the patentee, its successors, or assigns.
Alternatively, Form PTO/SB/25a may be used for situation I, and Form PTO/SB/26a may be used for situation II. A copy of the forms may be found at the end of MPEP § 1490.
Conclusion
33. 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.
34. 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