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 § 102
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sundet (US20060137311A1).
Claim 1: Sundet teaches an air filter assembly (abstract) comprising: a filter element being configured to be positioned within an air conditioning unit ([0004]-[0005] teaches this is for facilitating removal of a filter from an air circulation system. These are usually HVAC systems that has a filter inserted into the air stream.); a frame being coupled to the filter element (Filter frame 24.); a handle being coupled to the frame wherein the handle is configured to facilitate a user in removing the frame and the filter element from the air conditioning unit, the handle being movably coupled to the frame wherein the handle is extendable and retractable relative to the frame (Figures 5 and 6 show the handle 50. Figure 5 is in a retracted position while figure 6 is an extended position.); a cutout extending into the frame, the cutout being aligned with the handle, the cutout having a shape being complementary to a shape of the handle wherein the handle is positionable within the cutout when the handle is retracted relative to the frame and wherein the handle is extendable outwardly from the cutout when the handle is extended relative to the frame (The cutout would be the slots 56 and 58 as shown. [0031]-[0032] teaches that the handle slides into the slots 56 and 58 when retracted but slide out into a handle shape of figure 6 when extended.), wherein an outer surface of the handle is flush with an exterior side of the frame when the handle is fully retracted relative to frame (Figures 5 and 6 show this. [0032] also teaches that when the filter is installed and the filter handle is retracted, it is slid against the frame and into slot 58 which causes it to be flat against the frame 24.).
Claim 2: Sundet teaches the frame extends completely around a perimeter of the filter element ([0021] teaches filter media 22 has a frame 24 that secures the periphery of the filter media. This also seen to be a type of HVAC air filter and therefore would have this limitation.).
Claim 3: Sundet teaches the handle further comprising: a primary end; a secondary end being distal to the primary end; and an elongated body being coupled to and extending between the primary end and the secondary end (Figures 5 and 6 shows the elongated body 50 coupled to the ends 54a/b, 52a/b and 54c/d with 52c/d.).
Claim 4: Sundet teaches each of the primary end and the secondary end of the handle has a width exceeding a width of the elongated body of the handle (Both 54 sections of the handle have a wider width as seen by the protrusion sections at the ends.).
Claim 5: Sundet teaches a pair of end pockets extending into the frame, each end pocket of the pair of end pockets being aligned with a lateral edge of the cutout to receive one of the primary end and the secondary end of the handle, each of the primary end and the secondary end of the handle being slidably engaged with one of the pair of end pockets to facilitate extension and retraction of the handle (Figure 6 shows this).
Claim 6: Sundet teaches each end pocket of the pair of end pockets further comprising: an open end; a closed end being spaced from the open end; and a pair of sides extending between the open end and the closed end (Figure 5 shows the handle 50 and figure 6 shows the handle when inserted into the pockets. The pockets in this case would be the slots 56 and 58. Each of these have an open end for the handle to slip through and a closed end at the opposite part where the ends of the handle 54 rest. There is also the pair of sides extending between the open and closed section.).
Claim 7: Sundet teaches a width between the pair of sides is greater than a width of the one of the primary end and the secondary end of the handle (It would have be to greater for the handle ends to fit in. Also teach end 52 is seen to have a smaller width than the pocket as seen in figure 6.).
Claim 8: Sundet teaches the handle slides toward the open end when the handle is extended ([0033] teaches the handle is pulled out when the user needs to remove the air filter.).
Claim 9: Sundet teaches the respective handle slides toward the closed end when the respective handle is retraced ([0032] teaches the handle is pushed against the frame when retracted. Since the handle is flat, the ends extend towards the closed end when retracted.).
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 (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 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.
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sundet in view of US202 (US3692202).
Claim 10: Sundet does not explicitly teach a catch extending into each of the pair of end pockets, the catch having a width being smaller than a width of the one of the primary end and the secondary end of the handle wherein the catch retains the one of the primary end and the secondary end of the handle within the one of the pair of end pockets. Sundet does teach that the handle should not leave the pockets as this would defeat the purpose of the invention and teaches the ends 54 that are meant to keep the handle in place.
US202 teaches an analogous handle in figures 1 and 2. This is made of an inexpensive plastic and appears to be flush when retracted in figure 1 and outward when extended to form a handle shape in figure 2. US202 teaches in column 1 line 53 to column 2 line 18 that there is a bracket 20 with converging side edges 22. This is put into place to prevent the strap 19 from slipping out of the brackets 20. This would read upon a catch as it is also meant to provide a measure for making sure the handle does not slip out of the pocket/area it is supposed to be in.
It would have been obvious to one of ordinary skill before the effective filing date of the invention to have a catch as taught by US202 in the device of Sundet as US202 teaches that having the catch would prevent the handle from going too far and slipping out of the device.
Claim 11: US202 teaches the catch has a width exceeding a width of the elongated body of the handle and wherein the elongated body of the handle is movable through the catch (Figures 1 and 2 shows that the body has a smaller width than the catch as the body moves through the catch between the two modes.).
Claim 12: Sundet and US202 teach the catch is positioned between the open end of each of the pair of end pockets and the lateral edge of the pair of opposing lateral edges of the cutout (The catch location would have to be between the open end and the lateral edge as it is meant to prevent the entire handle from exiting the pocket. If it is outside of the open end then the handle would already have left the pocket and would not be connected or be able to be retracted properly.).
It would also have been obvious to one of ordinary skill before the effective filing date of the invention to have the catch at an optimal location so as to keep the handle from slipping out of the device, such as between the open end of each of the pair of end pockets and the lateral edge of the pair of opposing lateral edges of the cutout.
Claim 13: Sundet teaches an air filter assembly comprising: a filter element being configured to be removably positionable within an air conditioning unit for filtering debris from air traveling through the air conditioning unit ([0004]-[0005] teaches this is for facilitating removal of a filter from an air circulation system. These are usually HVAC systems that has a filter inserted into the air stream.); a frame being coupled to and extending around a perimeter of the filter element ([0021] teaches filter media 22 has a frame 24 that secures the periphery of the filter media. This also seen to be a type of HVAC air filter and therefore would have this limitation.), the frame further comprising: a front wall; a back wall; a peripheral wall being coupled to and extending between the front wall and the back wall, the peripheral wall having a top side, a bottom side, a first lateral side, and a second lateral side (The HVAC filter would read upon this. While Sundet only shows part of the filter, these types of filters do in fact have the full frame that is not currently shown.); a plurality of handles being coupled to the frame wherein the plurality of handles is configured to facilitate a user in removing the frame and the filter element from the air conditioning unit, the plurality of handles being positioned on one or more of the top side, the bottom side, the first lateral side, and the second lateral side of the peripheral wall of the frame, the plurality of handles being movably coupled to the frame wherein the plurality of handles is outwardly extendable and inwardly retractable relative to the frame (Figures 5 and 6 show the handle 50. Figure 5 is in a retracted position while figure 6 is an extended position. [0042] teaches that multiple filter removal devices of like kinds may be mounted along the frame 24.), each handle of the plurality of handles further comprising: a primary end; a secondary end being distal to the primary end; an elongated body being coupled to and extending between the primary end and the secondary end (Figures 5 and 6 shows the elongated body 50 coupled to the ends 54a/b, 52a/b and 54c/d with 52c/d.), the elongated body having an outer surface being flush with the peripheral wall when the respective handle is fully retracted into the frame, the outer surface being spaced from the peripheral wall when the respective handle is fully extended from the frame (Figures 5 and 6 show the outer surface being flush and away from the frame. [0032] also teaches that when the filter is installed and the filter handle is retracted, it is slid against the frame and into slot 58 which causes it to be flat against the frame 24.); a plurality of cutouts extending into the frame, the plurality of cutouts being aligned with the plurality of handles, the plurality of cutouts having a shape being complementary to the plurality of handles wherein the respective handle is positionable within a respective cutout of the plurality of cutouts when the respective handle is retracted relative to the frame and wherein the respective handle is extendable outwardly from the respective cutout when the respective handle is extended relative to the frame (The cutout would be the slots 56 and 58 as shown. [0031]-[0032] teaches that the handle slides into the slots 56 and 58 when retracted but slide out into a handle shape of figure 6 when extended.); wherein each of the primary end and the secondary end of the respective handle has a width exceeding a width of the elongated body of the respective handle (Both 54 sections of the handle have a wider width as seen by the protrusion sections at the ends.); a pair of end pockets extending into the frame, each end pocket of the pair of end pockets being aligned with a lateral edge of a pair of opposing lateral edges of the respective cutout to receive one of the primary end and the secondary end of the respective handle, each of the primary end and the secondary end of the respective handle being slidably engaged with one of the pair of end pockets to facilitate extension and retraction of the respective handle (Figure 6 shows this), each end pocket of the pair of end pockets further comprising: an open end being positioned adjacent to the lateral edge of the pair of opposing lateral edges of the respective cutout; a closed end being spaced from the open end; a pair of sides extending between the open end and the closed end, wherein a width between the pair of sides is greater than a width of the one of the primary end and the secondary end of the respective handle (Figure 5 shows the handle 50 and figure 6 shows the handle when inserted into the pockets. The pockets in this case would be the slots 56 and 58. Each of these have an open end for the handle to slip through and a closed end at the opposite part where the ends of the handle 54 rest. There is also the pair of sides extending between the open and closed section.); wherein the respective handle slides toward the open end when the respective handle is extended and wherein the respective handle slides toward the closed end when the respective handle is retraced ([0033] teaches the handle is pulled out when the user needs to remove the air filter. [0032] teaches the handle is pushed against the frame when retracted. Since the handle is flat, the ends extend towards the closed end when retracted.).
Sundet does not explicitly teach a catch extending into each of the pair of end pockets, the catch being positioned between the open end of each of the pair of end pockets and the lateral edge of the pair of opposing lateral edges of the respective cutout, the catch having a width being smaller than the width of the one of the primary end and the secondary end of the respective handle wherein the catch retains the primary end and the secondary end of the handle within the pair of end pockets, wherein the catch has a width exceeding a width of the elongated body of the respective handle wherein the elongated body of the respective handle is movable through the catch.
US202 teaches an analogous handle in figures 1 and 2. This is made of an inexpensive plastic and appears to be flush when retracted in figure 1 and outward when extended to form a handle shape in figure 2. US202 teaches in column 1 line 53 to column 2 line 18 that there is a bracket 20 with converging side edges 22. This is put into place to prevent the strap 19 from slipping out of the brackets 20. This would read upon a catch as it is also meant to provide a measure for making sure the handle does not slip out of the pocket/area it is supposed to be in. US202 teaches the catch having a width being smaller than the width of the one of the primary end and the secondary end of the respective handle wherein the catch retains the primary end and the secondary end of the handle within the pair of end pockets (Figures 1 and 2 shows that the width of the end is larger than the catch. This is so that the strap dos not get disconnected or removed while in use.). US202 teaches the catch has a width exceeding a width of the elongated body of the handle and wherein the elongated body of the handle is movable through the catch (Figures 1 and 2 shows that the body has a smaller width than the catch as the body moves through the catch between the two modes.).
It would have been obvious to one of ordinary skill before the effective filing date of the invention to have a catch as taught by US202 in the device of Sundet as US202 teaches that having the catch would prevent the handle from going too far and slipping out of the device.
Sundet and US202 teach the catch is positioned between the open end of each of the pair of end pockets and the lateral edge of the pair of opposing lateral edges of the cutout (The catch location would have to be between the open end and the lateral edge as it is meant to prevent the entire handle from exiting the pocket. If it is outside of the open end then the handle would already have left the pocket and would not be connected or be able to be retracted properly.).
It would also have been obvious to one of ordinary skill before the effective filing date of the invention to have the catch at an optimal location so as to keep the handle from slipping out of the device, such as between the open end of each of the pair of end pockets and the lateral edge of the pair of opposing lateral edges of the cutout.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20190321768, 8613785, 20110225939, 20080250763, 20070199837, 20060150589, 5226941, 4516687, 4339070, 3412422, 3030002, 1841250.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP Y SHAO whose telephone number is (571)272-8171. The examiner can normally be reached Mon-Fri; 9-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/P.Y.S/Examiner, Art Unit 1776 02/13/2026
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776