DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3,11,12,16 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 3 and 16 recites the broad recitation “a dielectric constant up to 10” and the claim also recites “or 6” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 11 recites the broad recitation “a range between 6.5 GHz and 13GHz” and the claim also recites “, between 7GHz and 12GHz, or between 5.5 GHz and 7GHz” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 12 recites the broad recitation “a range between 1 GHz and 8.8 GHz” and the claim also recites “or between 8.3 and 8.8 GHz” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A).
Chinese reference(CN207187313U) in figure 1 teaches a filtering device(translation stating “air filter core”) comprising at least two perforated plates(first stainless steel net layer(2) and second stainless steel net layer(8)) opposing each other for allowing a fluid to flow through opposing perforated plates along a bulk fluid flow direction, wherein the filtering device further comprises a block sandwiched in between the opposing perforated plates, wherein the block is provided with one or more at least one fluid permeable pad(including carbon fiber layer 3) disposed in-between the opposing perforated plates, said the at least one fluid permeable pad being formed from one or more at least one material with a dielectric constant within a range between 1 and 100(examiner noting carbon fiber layer matching a carbon fiber layer stated in the current specification pages 9-10, wherein a carbon fiber material includes a dielectric constant within a range between 1 and 100). Chinese reference(CN207187313U) is silent as to wherein the filtering device further comprises one or more at least one microwave emitting connector arranged for provision of the block with microwaves at a frequency within a range between 1 GHz and 50 GHz, transverse to the intended fluid flow direction.
Chinese reference(CN103990297A) in figure 1 teaches a filtering device(para 0029 stating “the method of using the invention is to allow a fluid, which can be a liquid or gas, to pass through an activated carbon fiber felt cloth filter element(3) in a cavity of a filter assembly(2)), wherein figure 1 includes an inlet for gas flow and an exit for gas flow, and wherein the activated carbon fiber felt cloth filter element is connected to at least one microwave emitting connector(noting microwave heating assembly (4-1)), wherein the microwave emitting connector provides for microwaves at a frequency within a range between 1GHz and 50GHz to the block( para 0029 stating “turning on the power supply of a microwave heating assembly(4), and allowing the conductive activated carbon fiber felt cloth filter element(3) to rapidly heat up under microwave heating, thereby enhancing the oxidation, degredation and mineralization of the organic matter adsorbed thereon, para 0046 stating “each microwave generating source (4-1) has a power of 1-3 kW, and there are 1-3 microwave generating sources (4-1) evenly distributed and installed on the outer wall of the microwave cavity circular tube (1-3) using a known method”, para 0048 stating “degradation and mineralization of the adsorbed antibiotics”). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the filtering device block including carbon fiber layer of Chinese reference(CN207187313U) with at least one microwave emitting connector arranged for provision of the block with microwaves at a frequency within a range between 1gHZ and 50GHZ, so that the block including carbon fiber layer of Chinese reference(CN207187313U) uses microwave to inactivate any virus or bacteria captured within the filtering block.
With regards to claim 2, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the opposing perforated plates have electrically conductive surfaces(stainless steel) facing each other.
With regards to claim 3, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the at least one material has a dielectric constant up to 10.
With regards to claim 4, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the at least one fluid permeable pad comprises at least one high-efficiency particulate arrestance filter(HEPA layer 4 of Chinese reference(CN207187313U)), and//or at least one twisted fibrous structure(non woven fabric layer 4 or 7 of Chinese reference(CN207187313U)).
With regards to claim 5, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the at least one fluid permeable pad comprises at least one twisted fibrious structure(non woven fabric layer 4 or 7 of Chinese reference(CN207187313U)) formed from a plurality of elongate pieces of fibers twisted together.
With regards to claim 6, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein at least one material of which the at least one fluid permeable pad is formed from is selected from the group consisting of polyurethane, polyethylene, polypropylene, polyamide, polybutylene terephthalate, polyester, phenol-formaldehyde, polyvinyl chloride fiber, acrylic polyesters, pure polyester PAN fibers, carbon fibers, aromatic polyamides, and mixtures of polyurethane, polyethylene, polypropylene, polyamide, polybutylene terephthalate, polyester, phenol-formaldehyde, polyvinyl chloride fiber, acrylic polyesters, pure polyester PAN fibers, carbon fibers, and aromatic polyamides.
With regards to claim 9, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the filtering device is further provided with at least one microwave receiving connector, arranged to collect at least one microwave beam released from the at least one microwave emitting connector into the block, upon the at least one microwave beam traveling through the block.
With regards to claim 10, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the at least one microwave emitting connector is arranged for provision of frequencies within a range between 1 GHz and 20GHz(examiner notes Chinese reference(CN103990297A) stating degradation of adsorbed antibiotics, therefore there is an expectation that the at least one microwave emitting connector is arranged for provision of frequencies within a range between 1 GHz and 20GHz).
With regards to claim 11, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the at least one microwave emitting connector is arranged for provision of frequencies within a range between 6.5 GHz and 13GHz.
With regards to claim 12, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the at least one microwave emitting connector is arranged for provision of frequencies within a range between 1 GHz and 8.8 GHz.
With regards to claim 13, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the at least one microwave emitting connector is arranged for provision of frequencies within a range between 8.3 GHz and 8.5 GHz.
With regards to claim 14, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the at least one microwave emitting connector is arranged for provision of frequencies within a range between 20 GHz and 25 GHz, or between 33 GHz and 37 GHz, or between 45 GHz and 50 GHz (examiner notes Chinese reference(CN103990297A) stating degradation of adsorbed antibiotics, therefore there is an expectation that the at least one microwave emitting connector is arranged for provision of frequencies within a range between 20 GHz and 25 GHz, or between 33 GHz and 37 GHz, or between 45 GHz and 50 GHz.
With regards to claim 15, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches a heating, ventilation and/or air conditioning system(Chinese reference(CN207187313U) in the translation stating “air purifier refers to household appliances in the indoor air solid contaminants(such as dust, pollen, bacteria, etc) ..) comprising the filtering device according to claim 1.
With regards to claim 16, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein the at least one material has a dielectric constant up to 10.
With regards to claims 17-20, Chinese reference(CN207187313U) taken together with Chinese reference(CN103990297A) further teaches wherein at least one material of which the at least one fluid permeable pad is formed from is selected from the group consisting of polyurethane, polyethylene, polypropylene, polyamide, polybutylene terephthalate, polyester, phenol-formaldehyde, polyvinyl chloride fiber, acrylic polyesters, pure polyester PAN fibers, carbon fibers, aromatic polyamides, and mixtures of polyurethane, polyethylene, polypropylene, polyamide, polybutylene terephthalate, polyester, phenol-formaldehyde, polyvinyl chloride fiber, acrylic polyesters, pure polyester PAN fibers, carbon fibers, and aromatic polyamides.
Allowable Subject Matter
Claims 7 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 7 recites “wherein the at least one fluid permeable pad is in a form of at least one blanket, piled into an undulated shape”. Chinese reference(CN207187313U) teaches at least one fluid permeable pad, however Chinese reference(CN207187313U) does not teach or suggest wherein the at least one fluid permeable pad is in a form of at least one blanket, piled into an undulated shape. Claim 8 depends on claim 7 and hence would also be allowable upon incorporation of claim 7 into claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT A HOPKINS whose telephone number is (571)272-1159. The examiner can normally be reached Mon-Thurs 6am-4pm.
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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
October 9, 2025