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 .
This is a first action on the merits of the application. Claims 1-19 are pending.
Claim Objections
Claims 5, 6, 9, 10, and 19 are objected to because of the following informalities:
Claim 5: Lines 3-4 appear to include the following typographical errors, in view of the antecedents in claim 1 (last line) and 5 (line 2): “capturer and mobilizer is configured to be mounted on and connected to [[a ]]the vehicle, be open to [[an ]]the atmospheric polluted gaseous substance, and receive and capture particulate polluting.”
Claim 6: Applicant is respectfully advised to correct the typographical errors in line 1, i.e., “[[a ]]further comprising a barrier.”
Claim 9: In line 2, “for each of the one or more pollutant removal filters” appears to be a misstatement of “for each of the at least one pollutant removal filter[s].” See claim 1, line 7.
Claim 10: In line 5, “the internal space” appears to be a misstatement of “[[the ]]an internal space” since the term lacks an antecedent and would not be recognized by the skilled practitioner to be inherent since “dry pollutant capturer and mobilizer” does not appear to be a commonly used term. In step “c,” the claim recites, “the at least one pollutant removal filter being configured to remove particulate polluting substances from the polluted gaseous substance as the polluted gaseous substance flows through the at least one pollutant removal filter and a treated gaseous substance” appears to be a misstatement of “the at least one pollutant removal filter being configured to remove particulate polluting substances from the polluted gaseous substance as the polluted gaseous substance flows through the at least one pollutant removal filter and release a treated gaseous substance.” See [0161], [0174], [0284], etc.
Claim 19: In line 4, “an internal space” appears to be a misstatement of “[[an ]]the internal space.” See step “b” of claim 10.
Appropriate correction is required.
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 9 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 9: In lines 2-4, “the corresponding filter house being configured to access an internal space of the corresponding filter house” appears to be unintelligible, as it is not clear how a filter how can be configured to access itself, and it is not clear what meaning the second instance of “corresponding” adds. Furthermore, it is unclear if Applicant considers “corresponding filter house” to be the name of the structure, since “filter house” is preceded in each instance by “corresponding.” In addition, it is unclear what the function of the first “each” is in “comprising each a corresponding filter house for each.” For the purposes of examination only, and in view of the lack of the term “corresponding filter house” in the specification, which only refers to a “filter house” (e.g., [0379]), the claim will be interpreted as “further comprising each filter house being configured to provide access to an internal space of the
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 1-2, 5, 7, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams et al. (US 2020/0132025 A1).
Regarding claim 1, Williams discloses an air box 100 (Figs. 1-3; [0027]) (i.e., a dry pollutant capturer and mobilizer) comprising:
seals 196 ([0040]) that each receive an airstream 136 (Fig. 3; [0028]) (i.e., each a supply connector receiving a polluted gaseous substance from an entrance to the dry pollutant capturer and mobilizer);
a duct 132 (i.e., a distributor) with air inlets 124 ([0027]) (i.e., having one or more inlet ports) that leads to an interior 140 of a housing 128 (Fig. 4; [0028]) which can be construed as having an exit port in proximity to the edge portion 216 of the opening 212 into the interior 140 (Fig. 4; [0045]) (i.e., one . . . exit port[s] to receive the polluted gaseous substance and direct it towards other components of the dry pollutant capturer and mobilizer);
an air filter 144 disposed within the interior 140 configured to remove particulate matter and contaminants that may be flowing with the airstream 136 ([0028]) (i.e., at least one pollutant removal filter for each exit port of the distributor, configured to remove particulate polluting substances from the polluted gaseous substance as the polluted gaseous substance flows through the at least one pollutant removal filter); and
rear supports 152 (i.e., fasteners) and fastening means including straps for holding the air box 100 fixed within an engine bay 108 ([0030]) (i.e., straps and fasteners configured to mount the dry pollutant capturer and mobilizer to a vehicle).
Regarding claim 2, Williams discloses a mounting portion 208 for receiving a front support 204 of the duct 132 (Figs. 2, 3; [0043]) (i.e., further comprising a base structure configured to support other components of the dry pollutant capturer and mobilizer directly).
Regarding claim 5, the air inlets 124 of Williams receive airstreams 136 from the front of a vehicle (Figs. 2, 3) to receive atmospheric air ([0005]: “atmospheric air pressure”; [0027]: “external air”) (i.e., wherein the polluted gaseous substance is an atmospheric polluted gaseous substance), the duct 132 is connected to the engine bay 108 at least using a front support 204 (Figs. 3, 4; [0043]) (i.e., the dry pollutant capturer and mobilizer is configured to be mounted on and connected to a vehicle). Since the inlets are at the front of the vehicle, since no fan is disclosed, and since air filtration is performed to protect engine combustion cylinders from particulates in the air ([0004]), it is implicit that forward movement of the vehicle causes the entry of air into the air inlets for filtration (Figs. 2, 3) (i.e., open to an atmospheric polluted gaseous substance, and receive and capture particulate polluting substances from the atmospheric polluted gaseous substance as the vehicle moves).
Regarding claim 7, Williams teaches that the air filter 144 comprises a filter medium 176 ([0032], [0033]) (i.e., wherein the at least one pollutant removal filter comprises an air filtering component).
Regarding claim 9, Williams teaches that the housing 128 for the air filter 144 ([0028]) (i.e., further comprising each a corresponding filter house for each of the one or more pollutant removal filters) includes an interior 140 ([0028]) accessible through an opening 212 ([0045]) to facilitate replacing the air filter, when dirty, with a clean air filter ([0048]) (i.e., the corresponding filter house being configured to access an internal space of the corresponding filter house to replace the pollutant removal filter therein).
Claim 4 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams, as applied to claim 1 above, and as evidenced by Kohn et al. (US 2019/0041079 A1).
Williams discloses that the air box is open to atmospheric air ([0005]: “atmospheric air pressure”; [0027]: “external air”), and it was known in the art that filters can become clogged by fog, as evidenced by Kohn ([0003]), so the air box of Williams is interpreted to be capable of being open to an atmosphere containing fog and configured to clear some portion of the fog from the atmosphere (i.e., open to an atmosphere containing fog, configured to clear the fog from the atmosphere). It is noted that apparatus claims cover what a device is, not what a device does. See MPEP 2114(II).
Claims 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams.
Regarding claim 10, Williams discloses a method for an air box 100 to communicate an airstream (Figs. 1-3; claim 12; [0027]) to remove particulate matter and contaminants that may be flowing with the airstream 136 ([0028]) (i.e., a method of capturing particulate polluting substances from a polluted gaseous substance utilizing a dry pollutant capturer and mobilizer) comprising:
receiving airstreams 136 at air inlets 124 (Fig. 3; [0027], [0028]) (i.e., receiving the polluted gaseous substance into the dry pollutant capturer and mobilizer through an entrance of the dry pollutant capturer and mobilizer);
directing the airstreams through a duct 132 (i.e., a distributor) with the air inlets 124 ([0027]) to an interior 140 of a housing 128 (Fig. 4; [0028]) which can be construed as having an exit port in proximity to the edge portion 216 of the opening 212 into the interior 140 (Fig. 4; [0045]) (i.e., using a distributor, receiving the polluted gaseous substance into the internal space of the dry pollutant capturer and mobilizer through an inlet port of the distributor and directing the polluted gaseous substance through each of one . . . exit port[s] of the distributor);
passing the air through an air filter 144 disposed within the interior 140 configured to remove particulate matter and contaminants that may be flowing with the airstream 136 ([0028]) and directing the air 136 from which contaminants are removed through a conduit 116 to the air intake duct 120 of an engine 104 (Figs. 2-4; [0028]) (i.e., passing the polluted gaseous substance through at least one pollutant removal filter for each exit port of the distributor, the at least one pollutant removal filter being configured to remove particulate polluting substances from the polluted gaseous substance as the polluted gaseous substance flows through the at least one pollutant removal filter and a treated gaseous substance; releasing the treated gaseous substance from the pollutant capturer and mobilizer);
wherein the air box 100 is held fixed within an engine bay 108 by rear supports 152 (i.e., fasteners) and fastening means including straps ([0030]) (i.e., the dry pollutant capturer and mobilizer comprises straps and fasteners configured to mount the dry pollutant capturer and mobilizer to a vehicle).
Regarding claim 11, Williams teaches that the air filter 144 comprises a filter medium 176 ([0032], [0033]) (i.e., wherein the at least one pollutant removal filter comprises an air filtering component).
Regarding claim 12, Williams teaches that the air box 100 is held within an engine bay 108 by rear supports 152 (i.e., fasteners) and fastening means including straps ([0030]) (i.e., further comprising mounting the dry pollutant capturer and mobilizer to the vehicle using the straps and fasteners).
Regarding claim 13, the air inlets 124 of Williams receive airstreams 136 from the front of a vehicle (Figs. 2, 3) to receive atmospheric air ([0005]: “atmospheric air pressure”; [0027]: “external air”) (i.e., wherein the polluted gaseous substance is an atmospheric polluted gaseous substance, and the method further comprises receiving the particulate polluting substances from the atmospheric polluted gaseous substance).
Regarding claim 17, Williams teaches that the housing 128 for the air filter 144 ([0028]) (i.e., each pollutant removal filter is in a corresponding filter house) includes an interior 140 ([0028]) accessible through an opening 212 ([0045]) to facilitate replacing the air filter, when dirty, with a clean air filter ([0048]) (i.e., accessing an internal space of the corresponding filter house to maintain or replace the pollutant removal filter).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Williams, as applied to claim 1 above, and further in view of McCann et al. (US 2018/0372038 A1).
Williams does not explicitly disclose a barrier upstream from each of the one or more inlet ports to prevent undesired objects from entering an internal space of the dry pollutant capturer and mobilizer.
McCann discloses an air intake system 200 and vehicle 202 (Fig. Fig. 3; [0033]). McCann teaches a front grille 222 (i.e., a barrier) to protect an air inlet duct 220 from external debris ([0033]), the duct 220 providing air flow to an air box 232 ([0031]), the airbox including a filter 500 (Fig. 5; [0041]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the air box of Williams by providing a barrier upstream from each of the one or more inlet ports to prevent undesired objects from entering an internal space of the dry pollutant capturer and mobilizer as taught by McCann because a front grille can protect an air inlet duct from external debris (McCann, [0033]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Williams, as applied to claim 13 above, and further in view of Zhan (CN106640439A).
Williams discloses that the air box is open to atmospheric air ([0005]: “atmospheric air pressure”; [0027]: “external air”). However, Williams does not explicitly disclose that the atmospheric polluted gaseous substance is in an atmosphere containing fog, and the method further comprises clearing the fog from the atmosphere.
Zhan discloses a filter (Fig. 1; [0023]) that can provide cleaner, drier air for internal combustion engines ([0023]) by providing a dustproof breathable membrane 8 ([0039]) to filter water mist in the air (i.e., fog) ([0009]) which would otherwise decrease the working efficiency of the internal combustion engine. ([0007]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the air box of Williams by providing an atmospheric polluted gaseous substance that is in an atmosphere containing fog, and clearing the fog from the atmosphere as taught by Zhan because (1) drivers are expected to operate an internal combustion engine in humid conditions with water mist that can decrease the working efficiency of an engine (Zhan, [0007]); and (2) a filter can clean the air to provide drier air (i.e., clearing the fog) (Zhan, [0023]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Williams, as applied to claim 10 above, and further in view of McCann.
Williams does not explicitly disclose passing the polluted gaseous substance through a barrier upstream from the inlet port, wherein the barrier is configured to prevent undesired objects from entering an internal space of the dry pollutant capturer and mobilizer.
McCann discloses an air intake system 200 and vehicle 202 (Fig. Fig. 3; [0033]). McCann teaches a front grille 222 (i.e., a barrier) to protect an air inlet duct 220 from external debris ([0033]), the duct 220 providing air flow to an air box 232 ([0031]), the airbox including a filter 500 (Fig. 5; [0041]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the method of Williams by passing the polluted gaseous substance through a barrier upstream from the inlet port, wherein the barrier is configured to prevent undesired objects from entering an internal space of the dry pollutant capturer and mobilizer as taught by McCann because a front grille can protect an air inlet duct from external debris (McCann, [0033]).
Additional Claim Objections
Claims 3, 8, 14, 16, and 18 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.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
A thorough search for pertinent prior art did not locate any prior art that discloses or suggests the invention recited in claims 3, 8, 14, 16, and 18.
The concept of a dry pollutant capturer and mobilizer, comprising:
a) a supply connector receiving a polluted gaseous substance from an entrance to the dry pollutant capturer and mobilizer;
b) a distributor having one or more inlet ports and one or more exit ports to receive the polluted gaseous substance and direct it towards other components of the dry pollutant capturer and mobilizer;
c) at least one pollutant removal filter for each exit port of the distributor, configured to remove particulate polluting substances from the polluted gaseous substance as the polluted gaseous substance flows through the at least one pollutant removal filter; and
d) straps and fasteners configured to mount the dry pollutant capturer and mobilizer to a vehicle (claim 1);
open to atmosphere, configured to (i) move an atmospheric polluted gaseous substance that contains fog or water vapor from one location towards another location and (ii) produce liquid water from the fog or the water vapor (claim 3);
wherein the distributor has two or more exit ports (claim 8)
is considered to define patentable subject matter over the prior art.
In addition, the concept of a method of capturing particulate polluting substances from a polluted gaseous substance utilizing a dry pollutant capturer and mobilizer, comprising:
a) receiving the polluted gaseous substance into the dry pollutant capturer and mobilizer through an entrance of the dry pollutant capturer and mobilizer;
b) using a distributor, receiving the polluted gaseous substance into the internal space of the dry pollutant capturer and mobilizer through an inlet port of the distributor and directing the polluted gaseous substance through each of one or more exit ports of the distributor;
c) passing the polluted gaseous substance through at least one pollutant removal filter for each exit port of the distributor, the at least one pollutant removal filter being configured to remove particulate polluting substances from the polluted gaseous substance as the polluted gaseous substance flows through the at least one pollutant removal filter and a treated gaseous substance; and
d) releasing the treated gaseous substance from the pollutant capturer and mobilizer, wherein:
the dry pollutant capturer and mobilizer comprises straps and fasteners configured to mount the dry pollutant capturer and mobilizer to a vehicle (claim 10);
wherein the polluted gaseous substance is an atmospheric polluted gaseous substance, and the method further comprises receiving the particulate polluting substances from the atmospheric polluted gaseous substance (claim 13); wherein the atmospheric polluted gaseous substance further contains fog or water vapor, and the method further comprises (i) moving the atmospheric polluted gaseous substance that contains fog or water vapor from one location towards another location and (ii) producing liquid water from the fog or the water vapor (claim 14); or wherein the atmospheric polluted gaseous substance further contains fog or water vapor, and the method further comprises (i) moving the atmospheric polluted gaseous substance that contains fog or water vapor from one location towards another location and (ii) reducing rainfall at the one location, initiating rainfall at the other location, or accelerating or decelerating movement of the atmospheric polluted gaseous substance to control the rainfall at the one location (claim 16);
wherein the one or more exit ports comprise a plurality of exit ports (claim 18)
is considered to define patentable subject matter over the prior art.
The closest prior art is Williams et al. (US 2020/0132025 A1), which discloses an air box 100 (Figs. 1-3; [0027]) (i.e., a dry pollutant capturer and mobilizer) comprising:
seals 196 ([0040]) that each receive an airstream 136 (Fig. 3; [0028]) (i.e., each a supply connector receiving a polluted gaseous substance from an entrance to the dry pollutant capturer and mobilizer);
a duct 132 (i.e., a distributor) with air inlets 124 ([0027]) (i.e., having one or more inlet ports) that leads to an interior 140 of a housing 128 (Fig. 4; [0028]) which can be construed as having an exit port in proximity to the edge portion 216 of the opening 212 into the interior 140 (Fig. 4; [0045]) (i.e., one . . . exit port[s] to receive the polluted gaseous substance and direct it towards other components of the dry pollutant capturer and mobilizer);
an air filter 144 disposed within the interior 140 configured to remove particulate matter and contaminants that may be flowing with the airstream 136 ([0028]) (i.e., at least one pollutant removal filter for each exit port of the distributor, configured to remove particulate polluting substances from the polluted gaseous substance as the polluted gaseous substance flows through the at least one pollutant removal filter); and
rear supports 152 (i.e., fasteners) and fastening means including straps for holding the air box 100 fixed within an engine bay 108 ([0030]) (i.e., straps and fasteners configured to mount the dry pollutant capturer and mobilizer to a vehicle).
However, Williams does not suggest that the air box is capable of producing liquid water from fog or water vapor (claims 3, 14); or a distributor that has two or more exit ports (claims 8, 18); or using the air box to reduce rainfall at one location, initiate rainfall at another location, or control rainfall at the one location (claim 16).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Keller et al. (US 11,634,011 B2) discloses an ambient air purification device 10 (Figs. 10, 11; col. 14, line 28) comprising two filter elements 100, 101 (col. 14, line 44) to be fastened to the underfloor of a vehicle using fastener straps and quick connection means (col. 5, lines 17-23).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL E GITMAN whose telephone number is (571)272-7934. The examiner can normally be reached M-Th 7:15-5:45pm.
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/GABRIEL E GITMAN/Primary Examiner, Art Unit 1772