DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "the reflective surface assemblies" in line 2 to line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9, 12 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horne et al. (U.S. Publication No. 2006/0045817).
Horne discloses a disinfecting system for mounting within an HVAC system (Abstract), comprising:
An adjustable frame (20/22/24/26), comprising:
A first holding structure (numeral 26 along with fastener shown at the bottom of Figure 2 and in Figure 22); and
A second holding structure (numeral 26 along with fastener and components 24 shown at the top of Figure 2 and in Figure 22);
Wherein said first holding structure and said second holding structure are slidably moveable with respect to each other, thereby adjusting the width of said adjustable frame via the holes in fastener and associated nuts and bolts as shown in Figure 22; and
A lamp (70) adapted to be fixedly connected to said adjustable frame as set forth in paragraph 38. See annotated Figures shown below.
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Concerning claim 2, Horne continues to disclose that at least a portion of said adjustable frame (20/22/24/26) is adapted to be inserted into at least one opening formed in a duct of said HVAC system (Abstract; Figure 2).
Regarding claim 3, Horne further discloses that said first holding structure (numeral 26 along with fastener shown at the bottom of Figure 2 and in Figure 22) comprises a first base (26) element and a pair of first rails (fasteners as shown in Figures 2 and 22 connecting components 24 and 26) extending transversely with respect thereto (Figures 2 & 22), and wherein said first rails (i.e., fasteners) each have a first base wall having a first width (Figure 22); and
Wherein said second holding structure (numeral 26 along with fastener and components 24 shown at the top of Figure 2 and in Figure 22) comprises a second base element (26) and a pair of second rails (24) extending transversely with respect thereto, and wherein said second rails (24) each have a second base wall having a second width, wherein said second width differs from said first width as shown in Figure 22 with second rails (24) fitting within first rails (i.e., fasteners).
With respect to claims 4, 7 and 9, Horne also discloses that said first holding structure (numeral 26 along with fastener as shown at the bottom of Figure 2 and in Figure 22) has a first groove (30) for releasable insertion of a first reflective surface assembly and said second holding structure (numeral 26 along with fastener and components 24 shown at the top of Figure 2 and in Figure 22) has a second groove (30) for releasable insertion of a second reflective surface assembly;
Wherein said first reflective surface assembly has a first rim for removal thereof from said first groove and said second reflective surface assembly has a second rim for removal thereof from said second groove (Figure 22); and
Wherein at least one of said first and second reflective surface assemblies has a circumferential holder receiving a mirror therein (Figure 22).
It is important to note that the reflective surface assemblies are not positively recited, but merely a first and second groove for releasable insertion of a first and second reflective assembly; wherein grooves (30) within portion of holding structure (26) are fully capable of performing in the claimed manner (dependent upon the material of reflective assemblies, width, etc.…). It is also important to note that the further defining of the reflective assemblies as set forth in claims 7 and 9 does not change the effect of the first and second grooves being fully capable of releasable insertion of the claimed (but not positively recited) reflective surface assemblies as set forth in said claims 7 & 9. Therefore, claims 7 & 9 will be examined accordingly.
As such, Horne meets these limitations as currently set forth in claims 4, 7 & 9.
Regarding claim 5, Horne continues to disclose that said lamp (70) is adapted to be attached to said adjustable frame (20/22/24/26) such that it is disposed in a central location between said first reflective surface assembly and said second reflective surface assembly (Figure 2; paragraphs 38, 39, 41 and 55).
Concerning claim 6, the reference further discloses that the second base wall (component 26 shown at the top of Figure 2) is slidably moveable relative to said first base wall (component 26 shown at the bottom of Figure 2) via fasteners as shown in Figure 22.
Regarding claim 8, Horne continues to disclose that at least one notch (i.e., holes is provided on said first or second rails (i.e., fasteners as shown in Figure 22), said first or second rails are configured to be cut along said at least one notch, thereby adjusting said adjustable frame (20/22/24/26) to different sizes of said duct (Figures 2 & 22).
With respect to claims 12 & 13, Horne also discloses that the first holding structure (component 26 shown at the bottom of Figure 2) comprises a first U-shaped structure (by way of grooves 30 shown in Figure 22) and a pair of first rails (i.e., fasteners and/or components 24 shown in Figure 22) connected thereto and extending transversely therefrom (Figures 2 & 22), and the second holding structure (component 26 shown at the top of Figure 2) comprises a second U-shaped structure (by way of grooves 30 shown in Figure 22) and a pair of second rails (i.e., fasteners and/or components 24) connected thereto and extending transversely therefrom such that said first U-shaped structure is adapted to be inserted into a first opening formed in a duct of said HVAC system and said second U-shaped structure is adapted to be inserted into a second opening formed in said duct when disassembled, and said lamp (70) is adapted to be inserted through a third opening formed in said duct and located between said first and second openings (Figure 2);
Wherein said first opening and said second opening are formed on two opposite sides of said duct, such that the reflective surface assemblies abut the opposite sides of said duct and said lamp (70) is positioned at a central location of said duct to provide for optimal light distribution throughout the volume of a passing air (Figure 2). Note again that the reflective surface assemblies are not recited, and further that the openings formed in a duct of an HVAC system is not positively recited.
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.
Claims 14-21 are rejected under 35 U.S.C. 103 as being unpatentable over Horne et al. (U.S. Publication No. 2006/0045817) in view of Erdman (U.S. Publication No. 2006/0207267).
Horne discloses a disinfecting system for mounting within an HVAC system (Abstract), comprising:
An adjustable frame (20/22/24/26), configured for adjustment of the width thereof via fasteners (as shown in Figure 22), and having a first groove (30 in component 24 on the right side of frame as shown in Figure 2) and a second groove (30 in component 24 on the left side of frame as shown in Figure 2) disposed on the opposite sides of said adjustable frame (20/22/24/26) as shown in Figure 2;
A first surface assembly (50/52 on frame portion 24 located on the right in Figure 2) configured to be releasably inserted into said first groove (30 in component 24 on the right side of frame as shown in Figure 2), and a second surface assembly (50/52 on frame portion 24 located on the left in Figure 2) configured to be releasably inserted into said second groove (30 in component 24 on the left side of frame as shown in Figure 2); and
A lamp (70) configured to be connected to said adjustable frame (20/22/24/26). Note that the lamp (70) is a part of the surface assemblies.
Horne does not appear to disclose that the first and second surface assemblies are reflective surface assemblies. Erdman discloses a disinfecting system for mounting within an HVAC system (paragraphs 1-12), wherein the system includes a frame (20) with first and second surface assemblies (both labeled numeral 26 in Figure 2) mounted thereto (paragraphs 20, 21 and 25). Erdman further discloses that the first and second surface assemblies include lamps (30) as a part of said first and second surface assemblies (Figures 2 & 3) as set forth in paragraphs 25-30. The reference continues to disclose that first surface assembly has a first reflective surface, and the second surface assembly has a second reflective surface in order to orient the generated light from said lamps (30) in a preferably desired direction (paragraph 32). As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the first and second surface assemblies of Horne with reflective surfaces, thus constituting first and second reflective surface assemblies as claimed, in order to orient the generated light in a preferably desired direction as exemplified by Erdman. As such, the limitations of the first and second reflective surface assemblies are met by Horne in view of Erdman.
With regard to the lamp configured to be located between said first and second reflective surface assemblies, due to the limitations of the first and second surface assemblies, as well as said lamp, being configured to being located between said first and second reflective surface assemblies; and the flexibility of the surface assemblies and lamps themselves to be oriented in a multitude of orientations (paragraphs 29, 38, 43, 44, 58 and 59), then Horne when modified by Erdman certainly meets the limitations of said lamp being configured to be located between said first and second reflective surface assemblies. More specifically, lamp (70) located on the right can be turned toward frame portion (24) located on the left in Figure 2, wherein the reflective surface assembly for lamp (70) located on the right will be behind said lamp (70) located on the right; and lamp (70) located on the left frame portion (24) with reflective surface assembly will be located behind lamp (70) can be turned to toward frame portion (24) located on the right to create a configuration in which lamps (70) will be located between reflective surface assemblies. Therefore, these limitations are met by Horne in view of Erdman as well.
Thus, claim 14 is not patentable over Horne in view of Erdman.
Regarding claim 15, Horne continues to disclose that the adjustable frame comprises a first holding structure (numeral 26 along with fastener shown at the bottom of Figure 2 and in Figure 22); and
A second holding structure (numeral 26 along with fastener and components 24 shown at the top of Figure 2 and in Figure 22);
Wherein said first holding structure and said second holding structure are slidably moveable with respect to each other, thereby adjusting the width of said adjustable frame via the holes in fastener and associated nuts and bolts as shown in Figure 22.
Concerning claim 16, Horne continues to disclose that at least a portion of said adjustable frame (20/22/24/26) is adapted to be inserted into at least one opening formed in a duct of said HVAC system (Abstract; Figure 2).
With respect to claims 17 & 20, Horne further discloses that said first holding structure (numeral 26 along with fastener shown at the bottom of Figure 2 and in Figure 22) comprises a first base (26) element and a pair of first rails (fasteners as shown in Figures 2 and 22 connecting components 24 and 26) extending transversely with respect thereto (Figures 2 & 22), and wherein said first rails (i.e., fasteners) each have a first base wall having a first width (Figure 22); and
Wherein said second holding structure (numeral 26 along with fastener and components 24 shown at the top of Figure 2 and in Figure 22) comprises a second base element (26) and a pair of second rails (24) extending transversely with respect thereto, and wherein said second rails (24) each have a second base wall having a second width, wherein said second width differs from said first width as shown in Figure 22 with second rails (24) fitting within first rails (i.e., fasteners); and
Wherein said second base wall is slidably moveable relative to said first base wall (Figure 22).
Concerning claim 18, Horne when modified by Erdman also discloses that said first holding structure (numeral 26 along with fastener as shown at the bottom of Figure 2 and in Figure 22) has a first groove (30) for releasable insertion of said first reflective surface assembly and said second holding structure (numeral 26 along with fastener and components 24 shown at the top of Figure 2 and in Figure 22) has a second groove (30) for releasable insertion of a second reflective surface assembly.
Regarding claim 19, Horne continues to disclose that said lamp (70) is adapted to be attached to said adjustable frame (20/22/24/26) such that it is disposed in a central location between said first reflective surface assembly and said second reflective surface assembly as noted above with respect to claim 14 (Figure 2; paragraphs 38, 39, 41 and 55).
With respect to claim 21, modified Horne also discloses that said first reflective surface assembly (50/52 on frame portion 24 located on the right in Figure 2) has a first rim (62) for removal thereof from said first groove (30 in component 24 on the right side of frame as shown in Figure 2) and said second reflective surface assembly (50/52 on frame portion 24 located on the left in Figure 2) has a second rim (62) for removal thereof from said second groove (30 in component 24 on the left side of frame as shown in Figure 2) as shown in Figure 12 (paragraph 53).
Allowable Subject Matter
Claim 23 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN C JOYNER whose telephone number is (571)272-2709. The examiner can normally be reached Monday-Friday 8:00AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MARCHESCHI can be reached at (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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/KEVIN JOYNER/ Primary Examiner, Art Unit 1799