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 .
Response to Amendment/Arguments
The Amendment filed 6/3/2026 has been entered. Claims 1-20 remain pending on the application. However claims 13-20 do not appear in the most recent claim set of 6/3/2026.
Applicant argues:
Furthermore, though Sergi provides for arranging filter modules in series, and generally describes that, "filters 18A-C may also be equipped with retaining means 63 for holding filters 18A-C firmly in place. Retaining means 63 may be spring-loaded clasps, quarter-turn fasteners, screws, plastic/nylon friction fit retainers and the like," there is no evidence of the filters of Sergi being attachable to each other, especially in the manner claimed. In fact, Sergi teaches away from having the filter modules attach to each other.
First, the retaining means 63, shown in Fig. 2A does not show any features that appear to connect the filter modules 18A, 18B, 18C, etc., to each other. Rather, the retaining means 63 face the door 42. In fact, the retaining means 63 appear the same as the grab straps 199, so it is not clear how the retaining means 63 connect the filter modules to anything, but they certainly do not connect the filter modules in a manner such as now recited in claim 1, e.g., "wherein the first filter layer is configured to be attachable to and detachable from the second filter layer at an interface between the first filter layer and the second filter layer where a surface of the first filter layer faces and attaches to a surface of the second filter layer."
In fact, Sergi teaches away from such an attachment. Notably, as discussed during the interview, Sergi emphasizes the importance of including replaceable filter modules 18A-18F. Each filter module is shown to have a grab straps 199, which could presumably be used to insert and remove filter modules from the filter system 5.
It would therefore be problematic for the filter modules to connect to each other at their interfaces, as this would hamper the ability and make it more difficult to insert and remove individual filter modules.
While it is true that Sergi does not teach the filters being attachable to one another specifically, Sergi does not teach away from attaching the filters to each other. It may be desirable to attach the filters together during transport for convenience, especially if a certain sequence of filters is desired to be maintained. The filters may then be easily loaded as one unit or removed as a unit. Furthermore, it is noted the primary art, Hitzke, already teaches filter layers being attached via adhesive. Sergi merely teaches that it is desirable to replace individual filter modules (which are likened to the filter layers of Hitzke) and provides a means of doing so. Therefore, even if Sergi does not explicitly teach that the filters are attached to each other for one of ordinary skill in the art to see the advantage in substituting one attachment means with another in order to allow for modularity and thus ease of maintenance. This is especially since the physical structures provided for attachment/detachment (clasps, fasteners, screws) would be suitable for attaching filters to each other as well.
Applicant argues that the prior art does not read on the concentric filter layers of claim 12. The rejection to claim 12 has been updated with new prior art to read on the amended claim limitations.
Claim 18 is discussed but does not appear in the claim set. Claims 13-20 did not appear on the most recent claim set of 6/3/2026. Thus, the previous rejections to these claims have merely been reproduced from the previous Non-Final Office Action. Any claim amendments to these claims have not been entered.
Claim Rejections - 35 USC § 103
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 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 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hitzke (US 20190001253 A1) in view of Takano (JP 2003126625 A) and Sergi (WO 2006083290 A2).
Regarding claim 1, Hitzke teaches a chemical filter comprising:
at least one first filter layer including a pair of first air-permeable bodies facing each other (Fig. 1: textile support layer 20, textile support layer 22) and wherein the at least one first adsorption layer includes a first sub-adsorption layer disposed on a first air-permeable body located relatively lower among the pair of first air-permeable bodies (Fig. 1: second active layer 14; NOTE: the upper direction in Fig. 1 is interpreted to be the lower direction) and a second sub-adsorption layer disposed on the first sub-adsorption layer (Fig. 1: third active layer 16) the first sub-adsorption layer and the second sub-adsorption layer disposed between the pair of first air-permeable bodies (Fig. 1: textile support layer 20, textile support layer 22);
wherein the first sub-adsorption layer comprises a basic gas removing layer including a first material (par. 34: In a further embodiment, the second active layer comprises phosphoric-acid-impregnated activated carbon particles),
the second sub-adsorption layer comprises an acidic gas removing layer including a second material different from the first material (par. 21: in particular consisting thereof, a third active layer comprising impregnated or catalytic activated carbon particles; par. 23: The impregnation can be deposited on activated carbon or on catalytic activated carbon in the context of the invention. Suitable impregnations are, for example, potassium carbonate for targeted removal of acidic gases),
but does not teach
a first buffer layer;
wherein the first filter layer is disposed on the first buffer layer
a second filter layer disposed on the first filter layer and including a pair of second air- permeable bodies facing each other and at least one second adsorption layer between the pair of second air-permeable bodies,
and the at least one second adsorption layer comprises a material that removes volatile organic compounds and has a different composition from either of the first sub-adsorption layer or the second sub- adsorption layer,
wherein the first filter layer is configured to be attachable to and detachable from the second filter layer at an interface between the first filter layer and the second filter layer where a surface of the first filter layer faces and attaches to a surface of the second filter layer.
Takano teaches a low cost filter structure using adsorption (abstract: To provide a thin parallel flow air filter capable of having performances required at a filter setting place in a low cost. SOLUTION: In a filter medium of the parallel flow air filter, the passing direction of air and the direction of cellular through-holes are almost parallel. The medium is composed of a filter functioning part and a spacer part, or a non-filter function part; pg. 1 par. 3: A conventional filter material for a parallel flow type air filter for removing a specific gaseous substance contained in air is a sheet-like material having a filter function for removing a specific gaseous substance by adsorption or decomposition). Takano teaches a multi-filter structure that can incorporate the filter composition of Hitzke into a more complete device for use (Fig. 1), wherein having multiple filters in conjunction would provide multiplied sterilization effect. Furthermore, Takano teaches having a spacer in between each filter in order to provide high filtering capacity in the same amount of space while cutting costs (pg. 2 par. 6: By doing so, it is possible to optimize the design by changing the composition ratio of the filter function filter material and the spacer filter material according to the installation location, and it is possible to reduce the cost). Takano teaches wherein the spacer has a hole (void) and is made of aluminum (pg. 3 par. 1: The spacer filter medium may be any one as long as it has a through hole and has air permeability; pg. 3 par. 3: Further, a material having a completely different material from the filter function filter material such as a structure having a through hole made of metal such as aluminum may be used).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter of Hitzke to be duplicated at least two times and stacked, with a an aluminum spacer having a hole disposed on each filter, as taught by Takano, in order to have multiplied sterilizing effect while reducing costs.
One of the duplicated filters would read on a second filter layer disposed on the first filter layer and including a pair of second air- permeable bodies facing each other and at least one second adsorption layer between the pair of second air-permeable bodies since the duplicated filter has the same properties as the original filter of Hitze. The duplicated filter would have a first active layer 12 with activated carbon 12a (Fig. 1) wherein the activated carbon is impregnated with a different material than the second and third active layers (par. 23: Activated carbon comprising an impregnation deposited on the carbon is suitable as impregnated activated carbon… Suitable impregnations are, for example, potassium carbonate for targeted removal of acidic gases (pH<7 when measured under standard conditions and in aqueous solution), hydrogen sulfide, sulfur dioxide or nitrogen dioxides, phosphoric acids (H.sub.3PO.sub.4) and/or sulfuric acid (H.sub.2SO.sub.4) for targeted removal of alkaline gases (pH>7 when measured under standard conditions and in aqueous solution), ammonia and amines, and/or potassium iodide for targeted removal of hydrogen sulfide, and/or caustic soda (NaOH) for targeted removal of acidic gases and hydrogen sulfide, and/or sulfur and/or silver).
Hitzke modified by Takano still does not teach wherein the first filter layer is configured to be attachable to and detachable from the second filter layer at an interface between the first filter layer and the second filter layer where a surface of the first filter layer faces and attaches to a surface of the second filter layer.
Hitzke already teaches wherein its filter is to be used in an interior space (par. 2: Filter media, in particular for air filters, in particular for interior air filters, are used to provide a space).
Sergi teaches an air filter for use in a clean room, which is an interior space (abstract: In another embodiment, an apparatus for removing contaminants from a gas in a clean room comprises a filter unit). Sergi provides a complete apparatus for this function rather than just a filter (Fig. 1).
Sergi also teaches stacking multiple filters (Fig. 4B), which would result in multiplied sterilization effect. Sergi teaches wherein the filters are attachable and detachable to another structure by means which would allow detachment at an interface between the flat surfaces of each filter (pg. 14 par. 4: Filters 18A-C may also be equipped with retaining means 63 for holding filters 18A-C firmly in place. Retaining means 63 may be spring-loaded clasps, quarter-turn fasteners, screws , plastic/nylon friction fit retainers and the like) in order to facilitate easy replacement (pg. 25 par. 1: filter modules 18 are designed to be replaced when their ability to remove airborne contaminants has been diminished below a defined performance threshold.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter of Hitzke modified by Takano to not only be duplicated and stacked, but also be attached by detachable mechanisms along interfaces between the flat surfaces of each filter, in order to have a multiplied sterilization effect while making it easy to replace filters. This modification overlaps with the duplication modification of Takano and there are independent motivations for both.
Regarding claim 2, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 1, as set forth above, and teaches wherein the first buffer layer has a void therein and includes at least one of stainless steel (SUS) and aluminum (see Takano modification in claim 1 rejection).
Regarding claim 3, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 1, as set forth above, and teaches
Wherein:
the first sub-adsorption layer comprises at least one of activated carbon supported with phosphorus-based compounds (par. 34: In a further embodiment, the second active layer comprises phosphoric-acid-impregnated activated carbon particles), and cation exchange resin, and
the second sub-adsorption layer comprises at least one of activated carbon supported with potassium-based compounds (par. 21: in particular consisting thereof, a third active layer comprising impregnated or catalytic activated carbon particles; par. 23: The impregnation can be deposited on activated carbon or on catalytic activated carbon in the context of the invention. Suitable impregnations are, for example, potassium carbonate for targeted removal of acidic gases) or sodium-based compounds, and anion exchange resin.
Regarding claim 4, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 3, as set forth above, and teaches wherein first sub-adsorption layer comprises the cation exchange resin, which contains hydrogen ions (H+) as a functional group (par. 23: and/or sulfuric acid (H.sub.2SO.sub.4) for targeted removal of alkaline gases; par. 24: In particular, the impregnated active layer can comprise activated carbon that has been impregnated multiple times and has been treated with at least two of the above-mentioned substances), and
Wherein the second sub-adsorption layer comprises the anion exchange resin, which contains hydroxide ions (OH-) as a functional group (par. 23: and/or caustic soda (NaOH) for targeted removal of acidic gases).
Regarding claim 5, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 3, as set forth above, and teaches wherein the first sub-adsorption layer comprises the activated carbon supported with the phosphorus-based compounds include at least one selected from the group consisting of phosphoric acid (par. 34: In a further embodiment, the second active layer comprises phosphoric-acid-impregnated activated carbon particles), metaphosphoric acid, and polyphosphoric acid,
Wherein the second sub-adsorption layer comprises the activated carbon supported with potassium-based compounds or the sodium-based compounds, and wherein the potassium-based compounds include at least one selected from the group consisting of KI, KOH, and K2CO3 (par. 21: in particular consisting thereof, a third active layer comprising impregnated or catalytic activated carbon particles; par. 23: The impregnation can be deposited on activated carbon or on catalytic activated carbon in the context of the invention. Suitable impregnations are, for example, potassium carbonate for targeted removal of acidic gases), and
the sodium-based compounds include at least one selected from the group consisting of NaOH and Na2CO3.
Regarding claim 6, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 1, as set forth above, and teaches wherein: the at least one second adsorption layer includes a first sub-adsorption layer disposed on a second air-permeable body located relatively lower among the pair of second air- permeable bodies (Fig. 1: second active layer 14; NOTE: the second filter has identical properties to the first filter and includes all possible embodiments of the first filter; the upper direction in Fig. 1 is interpreted to be the lower direction) and a second sub-adsorption layer disposed on the first sub-adsorption layer (Fig. 1: third active layer 16),
the first sub-adsorption layer comprises at least one of activated carbon (par. 34: In a further embodiment, the second active layer comprises phosphoric-acid-impregnated activated carbon particles) and zeolite, and
the second sub-adsorption layer comprises surface-modified activated carbon (par. 21: in particular consisting thereof, a third active layer comprising impregnated or catalytic activated carbon particles; par. 23: The impregnation can be deposited on activated carbon or on catalytic activated carbon in the context of the invention. Suitable impregnations are, for example, potassium carbonate for targeted removal of acidic gases).
Regarding claim 7, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 1, as set forth above, and teaches further comprising:
a second buffer layer between the first filter layer and the second filter layer (see Takano modification in claim 1 rejection).
Regarding claim 8, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 1, as set forth above, and teaches further comprising: an additional pair ofair-permeable bodies between the first sub-adsorption layer and the second sub-adsorption layer (par. 46: In one embodiment, the activated carbon forms an active layer that directly adjoins the support layer and is preferably connected to the support layer by the adhesive. This involves both gluing the active layer to the support layer and bonding by means of adhesive threads that have not yet set and are applied to the activated carbon particles. The support layer therefore borders the active layer at least on one side and is simultaneously connected to the active layer. This embodiment allows open support-activated-carbon layers having fixed activated carbon particles to be formed. Such support-activated-carbon layers include at least one support layer and an activated carbon layer, and can easily be stacked one on top of the other, the through-flow direction preferably being in the stacking direction, thus orthogonal to the plane of the layers; par. 48: According to an alternative embodiment, at least one active layer can be bordered by a support layer on both its lateral surfaces. The active layer is expediently also bonded to both support layers; NOTE: the support layers therefore can be mounted back to back and would count as the pair of air permeable bodies between two active layers).
Regarding claim 9, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 8, as set forth above, and teaches the first sub-adsorption layer comprises at least one of activated carbon supported with phosphorus-based compounds (par. 34: In a further embodiment, the second active layer comprises phosphoric-acid-impregnated activated carbon particles), and cation exchange resin, and
the second sub-adsorption layer comprises at least one of activated carbon supported with potassium-based compounds (par. 21: in particular consisting thereof, a third active layer comprising impregnated or catalytic activated carbon particles; par. 23: The impregnation can be deposited on activated carbon or on catalytic activated carbon in the context of the invention. Suitable impregnations are, for example, potassium carbonate for targeted removal of acidic gases) or sodium-based compounds, and anion exchange resin.
Regarding claim 10, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 8, as set forth above, and teaches wherein the first sub-adsorption layer is configured to be attachable to and detachable from the second sub-adsorption layer by attachment and detachment between the two air-permeable bodies of the additional pair of air-permeable bodies(see Sergi modification in claim 1 rejection, which would apply to all duplicated filters).
Regarding claim 11, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 1, as set forth above, and teaches wherein the first filter layer and the second filter layer each have a plate shape (par. 54: In one embodiment, the filter media body is… layered as a flat filter; NOTE: a plate shape is interpreted to mean a flat shape) and the interface is a plane perpendicular to the stacking direction of the pair of first air-permeable bodies, the first sub-adsorption layer and the second sub-adsorption layer (Fig. 1).
Regarding claim 18, Hitzke teaches
a first filter layer and including a pair of first air- permeable bodies facing each other (Fig. 1: textile support layer 20, textile support layer 22), and a first sub-adsorption layer and a second sub-adsorption layer which are sequentially arranged between the pair of first air-permeable bodies (Fig. 1: second active layer 14, third active layer 16);
but does not teach
a first buffer layer;
wherein the first filter layer is disposed on the first buffer layer
a second filter layer disposed on the first filter layer and including a pair of second air- permeable bodies facing each other, and a third sub-adsorption layer and a fourth sub-adsorption layer which are sequentially arranged between the pair of second air-permeable bodies,
wherein the first filter layer is configured to be attachable to and detachable from the second filter layer as a first air-permeable body located higher among the pair of first air-permeable bodies is attached to or detached from a second air-permeable body positioned lower among the pair of second air-permeable bodies.
Takano teaches a low cost filter structure using adsorption (abstract: To provide a thin parallel flow air filter capable of having performances required at a filter setting place in a low cost. SOLUTION: In a filter medium of the parallel flow air filter, the passing direction of air and the direction of cellular through-holes are almost parallel. The medium is composed of a filter functioning part and a spacer part, or a non-filter function part; pg. 1 par. 3: A conventional filter material for a parallel flow type air filter for removing a specific gaseous substance contained in air is a sheet-like material having a filter function for removing a specific gaseous substance by adsorption or decomposition). Takano teaches a multi-filter structure that can incorporate the filter composition of Hitzke into a more complete device for use (Fig. 1), wherein having multiple filters in conjunction would provide multiplied sterilization effect. Furthermore, Takano teaches having a spacer in between each filter in order to provide high filtering capacity in the same amount of space while cutting costs (pg. 2 par. 6: By doing so, it is possible to optimize the design by changing the composition ratio of the filter function filter material and the spacer filter material according to the installation location, and it is possible to reduce the cost). Takano teaches wherein the spacer has a hole (void) and is made of aluminum (pg. 3 par. 1: The spacer filter medium may be any one as long as it has a through hole and has air permeability; pg. 3 par. 3: Further, a material having a completely different material from the filter function filter material such as a structure having a through hole made of metal such as aluminum may be used).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter of Hitzke to be duplicated at least two times and stacked, with a an aluminum spacer having a hole disposed on each filter, as taught by Takano, in order to have multiplied sterilizing effect while reducing costs.
One of the duplicated filters would read on a second filter layer disposed on the first filter layer and including a pair of second air- permeable bodies facing each other, and a third sub-adsorption layer and a fourth sub-adsorption layer which are sequentially arranged between the pair of second air-permeable bodies since the duplicated filter has the same properties as the original filter of Hitze.
Hitzke modified by Takano still does not teach wherein the first filter layer is configured to be attachable to and detachable from the second filter layer as a first air-permeable body located higher among the pair of first air-permeable bodies is attached to or detached from a second air-permeable body positioned lower among the pair of second air-permeable bodies..
Hitzke already teaches wherein its filter is to be used in an interior space (par. 2: Filter media, in particular for air filters, in particular for interior air filters, are used to provide a space).
Sergi teaches an air filter for use in a clean room, which is an interior space (abstract: In another embodiment, an apparatus for removing contaminants from a gas in a clean room comprises a filter unit). Sergi provides a complete apparatus for this function rather than just a filter (Fig. 1).
Sergi also teaches stacking multiple filters (Fig. 4B), which would result in multiplied sterilization effect. Sergi teaches wherein the filters are attachable to each other by means which allow detachment (pg. 14 par. 4: Filters 18A-C may also be equipped with retaining means 63 for holding filters 18A-C firmly in place. Retaining means 63 may be spring-loaded clasps, quarter-turn fasteners, screws , plastic/nylon friction fit retainers and the like) in order to facilitate easy replacement (pg. 25 par. 1: filter modules 18 are designed to be replaced when their ability to remove airborne contaminants has been diminished below a defined performance threshold.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter of Hitzke modified by Takano to not only be duplicated and stacked, but also be attached by detachable mechanisms, in order to have a multiplied sterilization effect while making it easy to replace filters. This modification overlaps with the duplication modification of Takano and there is independent motivations for both.
Stacking the duplicate layers would result in a first air-permeable body located higher among the pair of first air-permeable bodies is attached to or detached from a second air-permeable body positioned lower among the pair of second air-permeable bodies.
Regarding claim 19, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 18, as set forth above, and teaches
wherein the first sub-adsorption layer comprises at least one of activated carbon supported with phosphorus-based compounds (par. 34: In a further embodiment, the second active layer comprises phosphoric-acid-impregnated activated carbon particles), and cation exchange resin,
the second sub-adsorption layer comprises at least one of activated carbon supported with potassium-based compounds (par. 21: in particular consisting thereof, a third active layer comprising impregnated or catalytic activated carbon particles; par. 23: The impregnation can be deposited on activated carbon or on catalytic activated carbon in the context of the invention. Suitable impregnations are, for example, potassium carbonate for targeted removal of acidic gases) or sodium- based compounds, and anion exchange resin,
the third sub-adsorption layer comprises at least one of activated carbon (par. 34: In a further embodiment, the second active layer comprises phosphoric-acid-impregnated activated carbon particles; NOTE the sub layers of the second filter would have all the properties of the sub layers of the original filter) and zeolite,
and the fourth sub-adsorption layer comprises surface-modified activated carbon (par. 21: in particular consisting thereof, a third active layer comprising impregnated or catalytic activated carbon particles).
Regarding claim 20, Hitzke modified by Takano and Sergi teaches the chemical filter of claim 18, as set forth above, and teaches wherein the first filter layer and the second filter layer have a plate shape (par. 54: In one embodiment, the filter media body is… layered as a flat filter; NOTE: a plate shape is interpreted to mean a flat shape).
Allowable Subject Matter
Claim 12 is allowed in view of Hitzke, Takano, Sergi, and Jang (KR 20190087071 A)
Regarding claim 12, Hitzke teaches a chemical filter comprising: a first filter layer having a cylindrical shape (par. 54: In one embodiment, the filter media body is formed as a wound body)
and including a pair of first air-permeable bodies (Fig. 1: textile support layer 20, textile support layer 22) and at least one first adsorption layer between the pair of first air-permeable bodies (Fig. 1: second active layer 14);
but does not teach and
at least one second filter layer surrounding the first filter layer, concentrically formed around the first filter layer, and including a pair of second air-permeable bodies and at least one second adsorption layer between the pair of second air-permeable bodies,
wherein the first filter layer is configured to be attachable to and detachable from the second filter layer.
Takano teaches a low cost filter structure using adsorption (abstract: To provide a thin parallel flow air filter capable of having performances required at a filter setting place in a low cost. SOLUTION: In a filter medium of the parallel flow air filter, the passing direction of air and the direction of cellular through-holes are almost parallel. The medium is composed of a filter functioning part and a spacer part, or a non-filter function part; pg. 1 par. 3: A conventional filter material for a parallel flow type air filter for removing a specific gaseous substance contained in air is a sheet-like material having a filter function for removing a specific gaseous substance by adsorption or decomposition). Takano teaches a multi-filter structure that can incorporate the filter composition of Hitzke into a more complete device for use (Fig. 1), wherein having multiple filters in conjunction would provide multiplied sterilization effect. Furthermore, Takano teaches having a spacer in between each filter in order to provide high filtering capacity in the same amount of space while cutting costs (pg. 2 par. 6: By doing so, it is possible to optimize the design by changing the composition ratio of the filter function filter material and the spacer filter material according to the installation location, and it is possible to reduce the cost). Takano teaches wherein the spacer has a hole (void) (pg. 3 par. 1: The spacer filter medium may be any one as long as it has a through hole and has air permeability).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter of Hitzke to be duplicated at least two times and stacked, with a spacer having a hole disposed on each filter, as taught by Takano, in order to have multiplied sterilizing effect while reducing costs. Since Takano teaches stacking filters on top of each other, this would result in the wound embodiment of Hitzke having more cylindrical filter layers surrounding the first filter layer.
One of the duplicated filters would read on a second filter layer surrounding the first filter layer and including a pair of second air- permeable bodies facing each other and at least one second adsorption layer between the pair of second air-permeable bodies since the duplicated filter has the same properties as the original filter of Hitze.
Hitzke modified by Takano still does not teach concentrically formed around the first filter layer.
However, Hitzke already teaches wherein the filter can be wound, which may produce a shape wherein the layers are concentric, if one end of the filter is wound to perfectly meet the other end.
Moreover, in the absence of any teaching to the contrary, the shape of the filter does not affect operation since they would still be capable of removing impurities so long as air goes through successive layers. Absent a showing of significance or unexpected results, the shape of the filter is prima facie obviousness and does not modify the operation of the invention and further, does not add patentable significance. MPEP 2144.04.B: In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant). Accordingly, the claimed dimensions and shapes are considered to be not patentably distinct from the disclosed device of Hitzke modified by Takano.
Furthermore, Jang teaches a concentric filter with multiple layers (Title: Cylindrical Type Combination Filter And Filtering Method Using The Same; Fig. 1).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter of Hitzke modified by Takano to be wound such that its ends meet to form a concentric filter, as taught by Jang, with a reasonable expectation that it would be just as capable of removing impurities from air.
Hitzke modified by Takano still does not teach wherein the first filter layer is configured to be attachable to and detachable from the second filter layer,
Hitzke already teaches wherein its filter is to be used in an interior space (par. 2: Filter media, in particular for air filters, in particular for interior air filters, are used to provide a space).
Sergi teaches an air filter for use in a clean room, which is an interior space (abstract: In another embodiment, an apparatus for removing contaminants from a gas in a clean room comprises a filter unit). Sergi provides a complete apparatus for this function rather than just a filter (Fig. 1).
Sergi also teaches stacking multiple filters (Fig. 4B), which would result in multiplied sterilization effect. Sergi teaches wherein the filters are attachable to another structure which allow detachment (pg. 14 par. 4: Filters 18A-C may also be equipped with retaining means 63 for holding filters 18A-C firmly in place. Retaining means 63 may be spring-loaded clasps, quarter-turn fasteners, screws , plastic/nylon friction fit retainers and the like) in order to facilitate easy replacement (pg. 25 par. 1: filter modules 18 are designed to be replaced when their ability to remove airborne contaminants has been diminished below a defined performance threshold.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter of Hitzke modified by Takano and Jang to not only be duplicated and stacked, but also be attached by detachable mechanisms, in order to have a multiplied sterilization effect while making it easy to replace filters. This modification overlaps with the duplication modification of Takano and there is independent motivations for both.
However, Hitzke modified by Takano, Jang, and Sergi still does not teach wherein the second filter layer includes a plurality of segments that together surround the first filter layer when attached to the first filter layer.
While there is a prima facie case of obviousness for breaking down one part into discreet parts, it would not be obvious to make this modification in light of the fact that the second filter layer itself only exists because of the duplication of parts modification. In addition, given the duplication of parts modification and the Sergi modification for attachment/detachment of filter layers, this additional limitation presents enough novelty for the instant invention to be patentably distinct from the prior art.
Claims 13-17, if reproduced in the next claim set without changes, would be allowable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.C./Examiner, Art Unit 1796
/KEVIN JOYNER/Primary Examiner, Art Unit 1799
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