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 .
Claim Rejections - 35 USC § 102
2. 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.
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.
Claim(s) 1-5, 9-10, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sidheswaran (WO 2012/167280 A1).
Regarding claim 1, Sidheswaran discloses (figure 6A; para [0024]) a system capable of thermal inactivation of pathogens, comprising: an air duct (see figure 6A – shaded area represents air duct) configured to deliver air to an indoor space (arrow indicating supply to indoors); an air filter (activated carbon filter – ACF) disposed within the air duct; a heat element (H) (para [0032]) disposed within the air duct proximate the air filter (ACF), the heat element (H) configured to heat the air filter and maintain the air filter at a threshold temperature for a microbial inactivation time period (see para [0069] – air filter ACF is heated to a temperature of 150 degrees C for a period of 15 minutes); and a separator element (damper D4) disposed within the air duct proximate the heat element (H), the separator element (D4) configured to at least partially isolate the heat element (H) and the air filter (ACF) from an upstream end or a downstream end of the air duct (see figure 6A; para [0024]).
Regarding claim 2, Sidheswaran discloses that the separator element (D4) is operable between a first operating mode in which the separator element allows air to flow between the upstream end and the downstream end of the air duct, and a second operating mode in which the separator element at least partially blocks air from flowing between the upstream end and the downstream end of the air duct (see para [0024] – damper D4 is capable of being opened or closed) .
Regarding claim 3, Sidheswaran discloses wherein the separator element (D4) is a first damper disposed in the air duct, the heat element (H) disposed between the first damper and the air filter (ACF) (see figure 6A, para [0024]).
Regarding claim 4, Sidheswaran discloses wherein the separator element further comprises a second damper (D3) disposed in the air duct on an opposite end of the air filter (ACF) as the first damper (D4) (see figure 6A).
Regarding claim 5, Sidheswaran discloses an air driver (Fan F2) configured to circulate air within a space between the heat element (H) and the air filter (ACF) when the separator element is in the second operating mode (see para [0024] and figure 6A).
Regarding claim 9, Sidheswaran discloses wherein the heat element (H) is positioned to heat both an upstream side and a downstream side of the air filter (ACF) (heat element is positioned next to the air filter and provides heat sufficient for both sides of the filter – see para [00178], the dampers must be heat resistant to 150 degrees C).
Regarding claim 10, Sidheswaran discloses a heat element (H) capable of achieving a threshold temperature that is within a range between 140°F and 200°F, inclusive, and wherein the microbial inactivation time period is within a range between 15 seconds and 20 minutes, inclusive (see para [0069]).
Furthermore, these claim limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Sidheswaran and the apparatus of Sidheswaran is capable of functioning as claimed. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Sidheswaran (see MPEP §2114).
NOTE: this is a recitation of intended use, and so long as the prior art structure reads on the instant claimed structure, this limitation would be met because the same structure would be capable of the same function; in this case, the heating element (H) is capable of providing heat at a time and temperature within the claimed range.
Regarding claim 12, Sidheswaran discloses (figure 6A) a system capable of thermal inactivation of pathogens, comprising: an air duct (see figure 6A – shaded area represents air duct) configured to deliver air to an indoor space; an air filter (ACF) disposed within the air duct; and a heat element (H) disposed within the air duct and engaging the air filter (ACF) (heating element H heats the air filter ACF), the heat element (H) operable to selectively control a temperature of the air filter and maintain the air filter at a threshold temperature for a microbial inactivation period (see para [0069] – air filter ACF is heated to a temperature of 150 degrees C for a period of 15 minutes).
Regarding claim 14, Sidheswaran discloses wherein the heat element (H) comprises at least one of a resistance wire grid, a resistance mesh, a wire mesh, or a conductive fabric (see figure 14; claim 8 – heating element is an electrical resistance heater having a mesh/grid configuration).
3. Claim(s) 1 and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hourani et al. (US 2021/0339183 A1) (hereafter “Hourani”).
Regarding claims 1 and 12, Hourani discloses (figure 1 or 2A; para [0037]) a system (20) capable of thermal inactivation of pathogens, comprising: an air duct (combination of ducts 30, 32, 34) configured to deliver air to an indoor space (arrow indicating supply to indoors via vent 38); an air filter (120) disposed within the air duct via frame (110) of a purification unit (100) (see para [0053]-[0058]); a heat element (140) (para [0032]) disposed within the air duct proximate the air filter (see figures 3A-4B; heat element 140 is part of purification device 100), the heat element (140) configured to heat the air filter and maintain the air filter at a threshold temperature for a microbial inactivation time period (see para [0105]-[0107]; [0041], [0069]); and a separator element (blower 22) disposed within the air duct proximate the heat element (140), the separator element (22) configured to at least partially isolate the heat element (140) and the air filter (120) from an upstream end or a downstream end of the air duct (see figure 2A).
Regarding claim 11, Hourani discloses a microbial inactivation control unit (200) communicably coupled to the heat element (140) and the separator element (blower 22), the microbial inactivation control unit (200) configured to coordinate operation of the heat element and the separator element in response to a command for germicidal treatment (see para [0041], [0069], [0090]).
Regarding claims 13 and 14, Hourani discloses wherein the heat element (140) is a metal wire mesh shaped to match a shape of the air filter (120) so as to provide heating along substantially an entire length of the air filter (see figure 4B; para [0051]).
Regarding claim 15, Hourani discloses wherein the heat element (140) is treated with an antimicrobial agent (see para [0067]).
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Sidheswaran as applied to claim 1 above, and further Ma (CN 205031603 U – English Translation).
Sidheswaran is set forth above with regards to claim 1 and discloses a heating element having an X-shaped pattern (see figure 14 – nichrome heating elements criss-cross forming an “X” shape) and that the separator (damper D4) is a shield disposed between the heating element (H) and the upstream end (see figure 5-A) but does not appear to explicitly disclose that the heating element is an infrared heater.
Ma discloses an air sterilizer that utilizes several infrared heaters (8) located on an upstream and downstream side of the air filter (7) (see figure 1; English translation). 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 system of Sidheswaran and substitute the nichrome heating element with a functionally equivalent alternative such as the infrared heating elements disclosed by the air sterilizer of Ma in order to yield the predictable result of heating the air filter to thermally inactivate pathogens.
6. Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hourani as applied to claim 12 above.
Hourani is set forth above with regards to claim 12 and further discloses that the heat element (140) is a heating panel (see figure 6A) which can be positioned anywhere within an HVAC system (see para [0088]). Hourani does not explicitly disclose a second heating panel.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add a second heating panel on the opposite side of the filter to further increase heating of the filter as it has been held to be obvious as duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP 2144).
7. Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sidheswaran as applied to claim 5 above, and further in view of Blanchard (CA 3029221 A1 – English translation).
Sidheswaran is set forth above with regards to claim 5 but does not appear to disclose that the air driver and separator element together comprise a single transverse air driver configured to produce an air curtain proximate the heat element or the air filter.
Blanchard discloses a damper control assembly for an HVAC system wherein the damper (30) and the system blower fan (142) are housed together in a single unit (120) (see figures 10-12). This enables the air flow from fan (142) to be precisely controlled by adjusting the damper (30) at the source of flow before it comes into contact with other structures of the duct (see English translation).
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 system of Sidheswaran and combine the air driver (fan) and separator element (damper D4) into a single transverse air driver as taught by Blanchard in order to provide an air curtain proximate the heat element (H) or the air filter (ACF).
8. Claim(s) 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hourani in view of Sidheswaran.
Regarding claim 17, Hourani discloses (figure 1 or 2A; para [0037]) a system comprising a microbial inactivation control unit (200) having a communications interface that is configured to receive data from at least one of an air condition sensor or a heating, ventilation, and air conditioning (HVAC) control unit (see para [0073] – controller 200 communicates with a temperature sensor 216 located in the plenum adjacent the heater 140); and a heat element (heater 140) communicably coupled to the microbial inactivation control unit (200)). Control unit (200) is integrated with an HVAC system controller (50) (see para [0041]).
Hourani does not appear to disclose a separator element communicably coupled to the microbial inactivation control unit, the separator element operable to selectively insulate the heat element from an environment surrounding the heat element, the microbial inactivation control unit configured to coordinate operation of the heat element and the separator element in response to the data indicating that an HVAC system is in an idle state.
Sidheswaran discloses (figure 6A; para [0024]) a system capable of thermal inactivation of pathogens, comprising: an air duct (see figure 6A – shaded area represents air duct) configured to deliver air to an indoor space (arrow indicating supply to indoors); an air filter (activated carbon filter – ACF) disposed within the air duct; a heat element (H) (para [0032]) disposed within the air duct proximate the air filter (ACF), the heat element (H) configured to heat the air filter and maintain the air filter at a threshold temperature for a microbial inactivation time period (see para [0069] – air filter ACF is heated to a temperature of 150 degrees C for a period of 15 minutes); and a separator element (damper D4) disposed within the air duct proximate the heat element (H), the separator element (D4) configured to at least partially isolate the heat element (H) and the air filter (ACF) from an upstream end or a downstream end of the air duct so that the filter can be sufficiently heated (see figure 6A; para [0024]).
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 system of Hourani and include a separator element (damper) coupled to the control unit to selectively insulate the heat element (heater 140) from an environment surrounding the heat element as taught by Sidheswaran, thereby providing a microbial inactivation control unit configured to coordinate operation of the heat element (140) and the separator element (damper) in response to the data indicating that an HVAC system is in an idle state as desired.
Regarding claims 18 and 19, Hourani discloses (see para [0073]) that controller (200) communicates with a temperature sensor (216) located in the plenum adjacent the heater (140) to monitor and control the temperature of heat generated. Hourani also discloses that the control unit (200) is integrated with an HVAC system controller (50) (see para [0041]) for coordinating operation.
Hourani does not teach activating the separator element to switch the separator element from first mode of operation in which air is allowed to pass freely therethrough to a second mode of operation that at least partially blocks air flow through the separator element or across a flow stream produced by the separator element.
Sidheswaran discloses that the separator element (D4) is operable between a first operating mode in which the separator element allows air to flow between the upstream end and the downstream end of the air duct, and a second operating mode in which the separator element at least partially blocks air from flowing between the upstream end and the downstream end of the air duct (see para [0024] – damper D4 is capable of being closed to permit heating of the filter ACF). The separator element (D4) is a first damper disposed in the air duct, the heat element (H) disposed between the first damper and the air filter (ACF) (see figure 6A, para [0024]). The separator element further comprises a second damper (D3) disposed in the air duct on an opposite end of the air filter (ACF) as the first damper (D4) (see figure 6A).
Sidheswaran further discloses a heat element (H) capable of achieving a threshold temperature that is within a range between 140°F and 200°F, inclusive, and wherein the microbial inactivation time period is within a range between 15 seconds and 20 minutes, inclusive (see para [0069]).
Therefore, the modification of the system of Hourani with the teachings regarding the separator element of Sidheswaran result in the system controller of Hourani controlling the dampers to selectively insulate the heat element and filter from the surrounding environment in order to actively heat the filter until the temperature sensor of Hourani indicates the threshold temperature and maintain the temperature for the microbial activation time period claimed.
Regarding claim 20, the separator element disclosed by Sidheswaran is a damper (D4) (see figure 6A; para [0024]).
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN E CONLEY whose telephone number is (571)272-8414. The examiner can normally be reached on M-F, 8:30am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Marcheschi can be reached on 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN E CONLEY/Primary Examiner, Art Unit 1799