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 .
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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “duct” and “fasteners” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-2, 11, 13, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waddell (US 20200388994).
As regarding claim 1, Waddell discloses the claimed invention for an electronic air cleaner comprising: a control housing (12, 14, 16, 18, 20) having an internal cavity; an ion generation power supply ([0040] and [0048]) arranged within the internal cavity; and a brush assembly ([0041]-[0044]) having at least one electrode directly connected to the ion generation power supply.
As regarding claim 2, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention for wherein the brush assembly includes a plurality of electrodes (40), each of the plurality of electrodes being directly connected to the ion generation power supply ([0040]).
As regarding claim 11, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention for wherein the at least one electrode includes at least one bristle ([0043]).
As regarding claim 13, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention for a circuit board ([0040]) operably coupled to the ion generation power supply, the circuit board being positioned within the internal cavity.
As regarding claim 18, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention for wherein the control housing further comprises a plurality of feet (58) operable to mount the electronic air cleaner to a duct (abstract).
As regarding claim 19, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention for wherein the plurality of feet are connectable to the duct via a plurality of fasteners (58).
As regarding claim 20, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention for wherein the plurality of feet are formed from a magnetic material ([0052]) such that the plurality of feet are magnetically coupled to the duct.
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(s) 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Waddell (US 20200388994) as applied to supra, and further in view of Fujii (US 6744617).
As regarding claim 3, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention except for wherein the control housing includes a first housing portion and a second housing portion, the second housing portion being connectable to the first housing portion to selectively seal the internal cavity. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the control housing includes a first housing portion and a second housing portion, the second housing portion being connectable to the first housing portion to selectively seal the internal cavity in order to access internal components inside internal cavity in order to allow convenient access to components housed within the internal cavity, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnrnan, 168 USPQ 177, 179 and In reDulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
As regarding claim 4, Waddell as modified discloses all of limitations as set forth above. Waddell as modified discloses the claimed invention except for wherein the second housing portion is slidably connectable to the first housing portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the second housing portion is slidably connectable to the first housing portion in order to permit selective access to the internal cavity and enables modular removal of the ion generation assembly, thereby improving serviceability without requiring completely disassembly of the housing while maintaining structural integrity during operation, since it was known in the art as shown in Fujii (col 3 ln 63-66 and col 4 ln 39-41).
As regarding claim 5, Waddell as modified discloses all of limitations as set forth above. Waddell as modified discloses the claimed invention for wherein the first housing portion further comprises a first end, and a plurality of sidewalls extending from the first end, wherein at least one opening (36) for receiving the at least one electrode is formed in one of the plurality of sidewalls.
As regarding claim 6, Waddell as modified discloses all of limitations as set forth above. Waddell as modified discloses the claimed invention for wherein the at least one opening is formed in a sidewall of the plurality of sidewalls that defines an upper surface (16 of fig. 1) of the control housing.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Waddell (US 20200388994) as applied to supra, and further in view of Okano et al (US 20180243462; hereinafter Okano).
As regarding claim 7, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention except for at least one collar, the at least one electrode being receivable within the at least one collar such that at least a portion of the at least one electrode extends beyond the at least one collar. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide at least one collar, the at least one electrode being receivable within the at least one collar such that at least a portion of the at least one electrode extends beyond the at least one collar in order to provide structural support, guide airflow toward the electrode, enhance safety by preventing accidental contact, and facilitate removal or replacement of the electrode while maintaining optimal ionization efficiency, since it was known in the art as shown in Okano (23 of fig. 3).
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Waddell (US 20200388994) as applied to supra, and further in view of Alam (US 20080190296).
As regarding claim 8, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention except for wherein the at least one electrode includes fibers. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the at least one electrode includes fibers in order to provide multiple high-field emission points, increasing ion generation efficiency, lowering operating voltage, distributing corona discharge evenly, enhancing durability under mechanical stress, since it was known in the art as shown in Alam ([0008], [0033]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide between about 24,000 and about 60,000 fibers in order to enhance electronic air cleaner performance, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 9 is likewise rejected for reasons analogous to those set forth for claim 8 above.
As regarding claim 10, Waddell as modified discloses all of limitations as set forth above. Waddell as modified discloses the claimed invention for wherein the fibers are silicon carbide (Alam - [0008], [0033]).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Waddell (US 20200388994) as applied to supra, and further in view of Gefter et al (US 10136507; hereinafter Gefter).
As regarding claim 12, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention except for wherein the at least one electrode includes at least one piece having an exposed pointed end. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the at least one electrode includes at least one piece having an exposed pointed end in order to enhance electronic air cleaner, since it was known in the art as shown in Gefter (col 12 ln 58-63).
Claim(s) 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Waddell (US 20200388994) as applied to supra, and further in view of Lehman et al (US 20230065898; hereinafter Lehman).
As regarding claim 14, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention except for wherein the control housing further comprises a plurality of protrusions arranged within the internal cavity, the plurality of protrusions being arranged in contact with the circuit board to restrict movement of the circuit board within the internal cavity. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the control housing further comprises a plurality of protrusions arranged within the internal cavity, the plurality of protrusions being arranged in contact with the circuit board to restrict movement of the circuit board within the internal cavity in order to provide support for the internal components, since it was known in the art as shown in Lehman (fig. 3; no number).
Claim 15 is likewise rejected for reasons analogous to those set forth for claim 14 above.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Waddell (US 20200388994) as applied to supra, and further in view of Waddell (US 20190247893; hereinafter Waddell ‘893).
As regarding claim 16, Waddell discloses all of limitations as set forth above. Waddell discloses the claimed invention except for a light source operably coupled to the circuit board. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a light source operably coupled to the circuit board in order to enhance electronic air cleaner performance, since it was known in the art as shown in Waddell ‘893 ([0038]).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Waddell (US 20200388994) as applied to supra, and further in view of Waddell (US 20190247893; hereinafter Waddell ‘893) and further in view of Bender et al (US 20190374669; hereinafter Bender).
As regarding claim 17, Waddell as modified discloses all of limitations as set forth above. Waddell as modified discloses the claimed invention except for wherein the control housing further comprises a logo element, and the light source is operable to illuminate the logo element. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the control housing further comprises a logo element, and the light source is operable to illuminate the logo element in order to enhance electronic air cleaner performance, since it was known in the art as shown in Bender ([0036]).
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773