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(b)
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 1–18 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.
Claims 1, 15 and 18 recite:
1. A filter assembly for securing to an intake face of an air handling unit, comprising:
a base mesh ply adapted to being secured to the intake face in order to cover an opening of the air handling unit; and
an outer mesh ply attached to said base mesh ply, said outer ply being manipulated to permit access to said base ply without removal of said base ply from the air handling unit. Emphasis added.
15. A filter assembly for securing to an intake face of an air handling unit, comprising:
a base mesh ply adapted to being secured to the intake face in order to cover an opening of the air handling unit;
an outer mesh ply attached to said base mesh ply, said outer ply being manipulated to permit access to said base ply without removal of said base ply from the air handling unit; and
a third mesh ply removably inserted between said base mesh ply and said outer ply. Emphasis added.
18. A filter assembly for securing to an intake face of an air handling unit, comprising:
a base mesh ply adapted to being secured to the intake face in order to cover an opening of the air handling unit;
an outer mesh ply attached to said base mesh ply, said base and outer mesh plies being secured along each of three interconnected edges, and having a fourth openable and reclosable side for permitting side access between said plies so that said outer ply is manipulated to permit access to said base ply without removal of said base ply from the air handling unit; and
a third removable mesh ply having a rigid form defining outer frame insertable through said fourth openable side between said base and outer mesh plies. Emphasis added.
Claims 1, 15 and 18 are each indefinite because each is a single claim which claims both an apparatus (“A filter”) and the method steps of using the apparatus (claims 1 and 15 “said outer ply being manipulated”; claim 18 “so that said outer ply is manipulated”). Each claim is indefinite because it is unclear whether infringement would occur when a filter is created that allows the outer ply to be manipulated in the claimed manner, or whether infringement requires that the outer ply is actually manipulated as claimed. See MPEP 2173.05(p), subsection II (a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite). To overcome this rejection, claims 1, 15 and 18 could be amended to read:
1. A filter assembly for securing to an intake face of an air handling unit, comprising:
a base mesh ply adapted to being secured to the intake face in order to cover an opening of the air handling unit; and
an outer mesh ply attached to said base mesh ply, said outer ply being configured to be manipulated to permit access to said base ply without removal of said base ply from the air handling unit.
15. A filter assembly for securing to an intake face of an air handling unit, comprising:
a base mesh ply adapted to being secured to the intake face in order to cover an opening of the air handling unit;
an outer mesh ply attached to said base mesh ply, said outer ply being configured to be manipulated to permit access to said base ply without removal of said base ply from the air handling unit; and
a third mesh ply removably inserted between said base mesh ply and said outer ply.
18. A filter assembly for securing to an intake face of an air handling unit, comprising:
a base mesh ply adapted to being secured to the intake face in order to cover an opening of the air handling unit;
an outer mesh ply attached to said base mesh ply, said base and outer mesh plies being secured along each of three interconnected edges, and having a fourth openable and reclosable side for permitting side access between said plies so that said outer ply is configured of being manipulated to permit access to said base ply without removal of said base ply from the air handling unit; and
a third removable mesh ply having a rigid form defining outer frame insertable through said fourth openable side between said base and outer mesh plies. Emphasis added.
Claims 2–14, 16 and 17 are indefinite because they depend from claims 1 or 15.
Also, claim 9 recites:
9. The filter assembly of claim 3, further comprising said base and outer mesh plies being secured along each of four interconnected edges, a zippered extending edge further defined along an interior the outer attached mesh ply for providing access between said plies. Emphasis added.
Claim 9 is indefinite because “the outer attached mesh ply” lacks antecedent basis. To overcome this rejection, claim 9 could be amended to read:
9. The filter assembly of claim 3, further comprising said base and outer mesh plies being secured along each of four interconnected edges, a zippered extending edge further defined along an interior of the outer
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, 3, 4 and 9–12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Do, US 2017/0348624 A1.
Regarding claim 1, Do teaches an air filter device 2 for an HVAC system, which reads on the claimed “filter assembly for securing to an intake face of an air handling unit.” See Do Figs. 1, [0013], [0080].
The filter device 2 comprises a generally rectangular filter member 8 of a slip cover type comprising an open end for receiving a frame member 4. See Do Fig. 4, [0075]. The filter member 8 is made of woven textile material (mesh material). See Do [0025].
One side of the filter member 8 reads on the “base mesh ply.” See Do Fig. 4, [0075]. It is capable of being secured to the intake face of the HVAC system in order to cover an opening of an air handling unit of the HVAC system because it forms one side of the filter device 2.
The other side of the filter member 8 reads on the “outer mesh ply attached to the base mesh ply.” See Do Fig. 4, [0075]. This side of the filter member is capable of being manipulated to permit access to the “base mesh ply” without removal of the “base mesh ply” from the HVAC system because either side of the filter member 8 could be manipulated via the open end while the filter device 2 is installed in the HVAC system. See MPEP 2114 (functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function).
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Regarding claim 3, Do teaches that the two sides of the filter member 8 (the “base and outer mesh plies”) are joined together along at least one common edge, as claimed, because the filter member 8 comprises three closed sides of a rectangle. See Do Fig. 4, [0075].
Regarding claim 4, Do teaches a zipper 10 for joining the two sides of the filter member 8. See Do [0069], [0075].
Regarding claim 9, Do teaches that the two sides of the filter member 8 (the “base and outer mesh plies”) are secured along each of four interconnected edges with a zipper extending edge further defined along an interior of the “outer attached mesh ply” for providing access between said plies. See Do [0075].
Regarding claim 10, Do teaches that the two sides of the filter member 8 (the “base and outer mesh plies”) are secured along each of four interconnected edges with an opening (the “slit”) extending along an interior of the “outer mesh ply.” See Do Fig. 4, [0075]. This is in combination with a zipper (id. at [0075]) that can be replaced by a hook-and-loop closure (id. at [0019]) (“opposing hook and loop portions”) established between the plies in proximity to the opening for providing access between the sides of the filter member 8, as claimed.
Regarding claim 11, Do teaches that the air filter device 2 comprises an opening that can be opened or closed by a zipper to allow access to the interior of the filter element 8. See Do [0075]. This reads on “intermediate zipper edges dividing said outer mesh ply into separable halves for gaining access to said base ply.”
Regarding claim 12, Do teaches that the two sides of the filter member 8 (the “base and outer mesh plies”) are secured along each of three interconnected edges with a fourth openable and recloseable side at an opening for permitting side access between the two sides, as claimed. See Do [0075].
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 2 and 5–8 are rejected under 35 U.S.C. 103 as being unpatentable over Do, US 2017/0348624 A1 in view of Simmons et al., US 2017/0128868 A1.
Regarding claim 2, Do teaches the limitations of claim 1, as explained above.
Do differs from claim 2 because it is silent as to the one side of the filter element 8 (the “base mesh ply”) incorporating a reinforced edge with spaced apart grommets receiving fasteners for securing to the intake face, as claimed.
But Simmons teaches a filter screen 22 for attachment to an air intake structure 4 of an HVAC system, comprising a reinforced outer portion 24 comprising spaced apart grommets 26, 28 for receiving bolts 30 for securing the filter screen 24 to the air intake structure 4. See Simmons Fig. 1, [0084]–[0087].
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It would have been obvious for the perimeter of both sides of the filter element 8 of Do to comprise the reinforced outer portion 24, spaced apart grommets 26, 28 and bolts 30 to provide a mechanism for securing the filter device 2 to the HVAC system.
Regarding claim 5, Do in view of Simmons teaches that each side of the filter element 8 (including the “outer ply”) includes a “segmented outer perimeter with cutouts aligning with an arrangement” for the bolts 30 for securing the filter element 8 (including the “base ply”) to the HVAC system because each side of the filter element 8 comprises an outer perimeter with holes for the bolts 30 to go through, as seen in Fig. 1 of Simmons.
Regarding claims 6 and 7, Do in view of Simmons teaches that the bolts 30 (the “fasteners”) are “screws” and “threaded bolts” because they have threaded shafts. See Simmons [0091].
Regarding claim 8, Do in view of Simmons teaches that the “outer ply” has a reduced perimeter dimension seating against the base ply inwardly from the bolts 30 (the “fasteners”) for securing to the intake face of the HVAC system as claimed, which is the dimension inside of the reinforced outer portion 24, as seen in Fig. 1 of Simmons. The “outer ply” also has an “opposing inner face…adhering inwardly of” of the grommets 26, 28, which is the face of the “outer ply” facing the “base mesh ply.” The bolts 30 project through the grommets 26, 28, as seen in Fig. 1 of Simmons.
Claims 13–18 are rejected under 35 U.S.C. 103 as being unpatentable over Do, US 2017/0348624 A1 in view of Heburn, US 2012/0060695 A1.
Regarding claims 13 and 14, Do teaches the limitations of claims 1 and 12, as explained above.
Do differs from claim 13 because it is silent as to a third removable mesh ply having a rigid form defining an outer frame being insertable through the opening (the “fourth openable side”) between the two sides of the filter member 8 (the “base and outer mesh plies”). Do differs from claim 14 because it is silent as to a third removable mesh ply having a rigid form defining an outer frame insertable between the two sides of the filter member 8.
But Do teaches that structure, such as a peripheral frame 4 can be inserted into the opening. See Do Fig. 4, [0075]. Do also teaches that the filter member 8 can include a support structure such as netted fabric. See Do [0073].
With this in mind, Hepburn teaches an air filter for an HVAC system comprising a mesh air filter 30 supported by a peripheral frame 40 and a metal wire grid support 20. See Hepburn Fig. 1, [0033]. The grid support 20 is beneficial because it provides structural support to the mesh air filter 30. Id.
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It would have been obvious for the filter member 8 of Do to have the metal wire grid support 20 of Hepburn inserted into the opening to provide structural support to the filter member 8.
With this modification, the metal wire grid support 20 reads on the “third removable mesh ply having a rigid form.” It defines an outer frame, as claimed, at least because the outer portion of the support 20 would support the outer perimeter of the filter member 8. The metal wire grid support 20 would be insertable through the opening between the two sides of the filter member 8, as claimed, in the same way that the frame 4 is insertable through the opening.
Regarding claim 15, Do teaches an air filter device 2 for an HVAC system, which reads on the claimed “filter assembly for securing to an intake face of an air handling unit.” See Do Figs. 1, [0013], [0080].
The filter device 2 comprises a generally rectangular filter member 8 of a slip cover type comprising an open end for receiving a frame member 4. See Do Fig. 4, [0075]. The filter member 8 is made of woven textile material (mesh material). See Do [0025].
One side of the filter member 8 reads on the “base mesh ply.” See Do Fig. 4, [0075]. It is capable of being secured to the intake face of the HVAC system in order to cover an opening of an air handling unit of the HVAC system because it forms one side of the filter device 2.
The other side of the filter member 8 reads on the “outer mesh ply attached to the base mesh ply.” See Do Fig. 4, [0075]. This side of the filter member is capable of being manipulated to permit access to the “base mesh ply” without removal of the “base mesh ply” from the HVAC system because either side of the filter member 8 could be manipulated via the open end while the filter device 2 is installed in the HVAC system. See MPEP 2114 (functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function).
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Do differs from claim 15 because it is silent as to a third mesh ply removably inserted between the two sides of the filter member 8 (the “base mesh ply” and the “outer ply”).
But Do teaches that structure, such as a peripheral frame 4 can be inserted into the opening. See Do Fig. 4, [0075]. Do also teaches that the filter member 8 can include a support structure such as netted fabric. See Do [0073].
With this in mind, Hepburn teaches an air filter for an HVAC system comprising a mesh air filter 30 supported by a peripheral frame 40 and a metal wire grid support 20. See Hepburn Fig. 1, [0033]. The grid support 20 is beneficial because it provides structural support to the mesh air filter 30. Id.
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It would have been obvious for the filter member 8 of Do to have the metal wire grid support 20 of Hepburn inserted into the opening to provide structural support to the filter member 8.
With this modification, the metal wire grid support 20 reads on the “third removable mesh ply inserted between the base mesh ply and said outer ply.”
Regarding claim 16, Do teaches that the two sides of the filter member 8 (the “base and outer mesh plies”) are secured along each of three interconnected edges with a fourth openable and recloseable side at an opening for permitting side access between the two sides, as claimed. See Do [0075].
Regarding claim 17, Do in view of Hepburn teaches that the metal wire grid support 20 (the “third removable mesh ply”) has a rigid form, as claimed, because it is a wire grid. The metal wire grid support 20 also defines an outer frame, at least because the outer portion of the grid support 20 surrounds the filter member 8. The metal wire grid support 20 is insertable through the opening in the filter member 8 of Do, as explained in the rejection of claim 15 above.
Regarding claim 18, Do teaches an air filter device 2 for an HVAC system, which reads on the claimed “filter assembly for securing to an intake face of an air handling unit.” See Do Figs. 1, [0013], [0080].
The filter device 2 comprises a generally rectangular filter member 8 of a slip cover type comprising an open end for receiving a frame member 4. See Do Fig. 4, [0075]. The filter member 8 is made of woven textile material (mesh material). See Do [0025].
One side of the filter member 8 reads on the “base mesh ply.” See Do Fig. 4, [0075]. This side of the filter member 8 is capable of being secured to the intake face of the HVAC system in order to cover an opening of the air handling unit of the HVAC system because it forms one side of the filter device 2.
The other side of the filter member 8 reads on the “outer mesh ply attached to the base mesh ply.” See Do Fig. 4, [0075]. The two sides of the filter member 8 are secured along each of three interconnected edges with a fourth openable and recloseable side at an opening for permitting side access between the two sides, as claimed. See Do [0075]. One of the two sides of the filter member 8 are capable of being manipulated to permit access to the “base mesh ply” without removal of the “base mesh ply” from the HVAC system because either side of the filter member 8 could be manipulated via the open end while the filter device 2 is installed in the HVAC system. See MPEP 2114 (functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function).
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Do differs from claim 18 because it is silent as to a third mesh ply having a rigid form defining an outer frame and being insertable through the opening between the two sides of the filter member 8, as claimed.
But Do teaches that structure, such as a peripheral frame 4 can be inserted into the opening. See Do Fig. 4, [0075]. Do also teaches that the filter member 8 can include a support structure such as netted fabric. See Do [0073].
With this in mind, Hepburn teaches an air filter for an HVAC system comprising a mesh air filter 30 supported by a peripheral frame 40 and a metal wire grid support 20. See Hepburn Fig. 1, [0033]. The grid support 20 is beneficial because it provides structural support to the mesh air filter 30. Id.
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It would have been obvious for the filter member 8 of Do to have the metal wire grid support 20 of Hepburn inserted into the opening to provide structural support to the filter member 8.
With this modification, the metal wire grid support 20 reads on the “third removable mesh ply having a rigid form.” It defines an outer frame, as claimed, at least because the outer portion of the support 20 would support the outer perimeter of the filter member 8. The metal wire grid support 20 would be insertable through the opening between the two sides of the filter member 8, as claimed, in the same way that the frame 4 is insertable through the opening.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wixson, US 2025/0255435 A1; Ewing, US 11,969,674 B2; Wiser, III et al., US 11,369,976 B2; Tabchouri, US 2019/0299137 A1; Chesbrough, US 8,721,775 B2; Putro, US 5,846,302.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to T. BENNETT MCKENZIE whose telephone number is (571)270-5327. The examiner can normally be reached Mon-Thurs 7:30AM-6:00PM.
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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.
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T. BENNETT MCKENZIE
Primary Examiner
Art Unit 1776
/T. BENNETT MCKENZIE/Primary Examiner, Art Unit 1776