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 Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites a limitation regarding “a base flashing portion”, to then recite the limitation of “the base flashing”’; to obviate the objection, the Examiner would suggest amending “the base flashing” to “the base flashing portion”, as antecedent basis can be found within the same claim. Appropriate correction is required. All dependent claims are similarly objected to for depending from an objected to claim.
Claim 2 is objected to because of the following informalities: Claim 1 recites a limitation regarding “a base flashing portion”, to which claim 2 recites the limitation of “the base portion”’; to obviate the objection, the Examiner would suggest amending “the base portion” to “the base flashing portion”, as antecedent basis can be found within claim 1 from which claim 2 depends. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: Claim 1 recites a limitation regarding “an integral cylindrical chimney portion”, to which claim 2 recites the limitation of “the cylindrical chimney portion”’; to obviate the objection, the Examiner would suggest amending “the cylindrical chimney portion” to “an integral cylindrical chimney portion”, as antecedent basis can be found within claim 1 from which claim 2 depends. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: Claim 9 recites a limitation regarding “the integral cylindrical chimney portion”, to which while claim 6 recites the limitation of “an integral cylindrical chimney”’, claim 6 does not positively claim an “integral cylindrical chimney portion”; to obviate the objection, the Examiner would suggest amending claim 6 to reflect “the cylindrical chimney portion” to bring claim 9 into antecedent basis for the full term name of the integral cylindrical chimney portion. Appropriate correction is required.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Daniels et al (US 2007/0173191), hereinafter referred to as Daniels, in view of Weiss et al (US 2009/0130047), hereinafter referred to as Weiss.
Regarding claim 1, Daniels (US 2007/0173191) shows a ventilation system comprising:
a base flashing portion (see Annotated Figure 1) including an integral chimney portion (see Annotated Figure 1) formed out of the base flashing (see Annotated Figure 1); and
a hood (20, Fig. 2) fitting over the base flashing portion (see Annotated Figure 1), the hood including a top surface (see Annotated Figure 1), a slant back portion (see Annotated Figure 1) extending from the top surface to a tab (see Annotated Figure 1) connecting the hood to the base flashing portion (see Annotated Figure 1), and three sidewalls (34/35, Fig. 3) extending from the top surface to the base flashing (Fig. 2), wherein at least one of the three sidewalls includes integrally pierced louvers (60, Fig. 3, ¶0034 – each of the at least one three sidewalls 34/35 includes integrally pierced louvers to guide airflow in and out of the vent).
However, Daniels lacks showing an integral cylindrical chimney portion.
Weiss (US 2009/0130047), an air ventilating apparatus with a filter, is in the same field of endeavor as Daniels which is an air ventilating apparatus with a filter.
Weiss teaches an integral cylindrical chimney portion (124, Fig. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the chimney portion of Daniels to incorporate the teachings of the chimney portion of Weiss, which would provide an improved airborne odor elimination reduction method that includes entraining VPHP-containing malodorous air, with a circular opening to coordinate with other tubular conduits without the need for an adapter or transition box (¶0018).
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Annotated Figure 1
Regarding claim 2, Daniels shows wherein the chimney portion of the base portion includes a tapered portion (see Annotated Figure 1) at a top of the chimney portion (see Annotated Figure 1).
However, Daniels lacks showing an integral cylindrical chimney portion (124, Fig. 12).
Weiss teaches an integral cylindrical chimney portion (124, Fig. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the chimney portion of Daniels to incorporate the teachings of the chimney portion of Weiss, which would provide an improved airborne odor elimination reduction method that includes entraining VPHP-containing malodorous air, with a circular opening to coordinate with other tubular conduits without the need for an adapter or transition box (¶0018).
Regarding claim 3, Daniels shows wherein the hood is formed from one piece of formed metal (¶0039).
Regarding claim 4, Daniels shows further comprising: a filter (29, Fig. 2, ¶0028, Lines 21-27 – element 29 is a mesh screen that provides an enhanced filtering effect) surrounding the integral chimney portion (Fig. 2) and covered by the hood (Fig. 2).
However, Daniels lacks showing a non-woven polyester filter surrounding the integral cylindrical chimney portion.
Weiss teaches a non-woven polyester filter (125, Fig. 12, ¶0095) surrounding the integral cylindrical chimney portion (124, Fig. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the filter and chimney portion of Daniels to incorporate the teachings of the filter and chimney portion of Weiss, which would provide an improved airborne odor elimination reduction method that includes entraining VPHP-containing malodorous air (¶0018).
Regarding claim 5, Daniels shows wherein each of the three sidewalls extending from the top surface to the base flashing include integrally pierced louvers (60, Fig. 2/3).
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Daniels et al (US 2007/0173191), hereinafter referred to as Daniels, in view of Weiss et al (US 2009/0130047), hereinafter referred to as Weiss.
Regarding claim 6, Daniels (US 2007/0173191) shows an off-ridge ventilation system for a roof, the ventilation system comprising:
a base flashing portion (see Annotated Figure 1) including an integral chimney (see Annotated Figure 1) formed out of the base flashing (see Annotated Figure 1); and
a hood (20, Fig. 2) fitting over the base flashing portion (see Annotated Figure 1), the hood formed from one piece of formed metal (¶0039) and including a slant back portion (see Annotated Figure 1) extending from a top surface of the hood (see Annotated Figure 1) to a tab (see Annotated Figure 1) connecting the hood to the base flashing portion (see Annotated Figure 1).
However, Daniels lacks showing an integral cylindrical chimney portion.
Weiss (US 2009/0130047), an air ventilating apparatus with a filter, is in the same field of endeavor as Daniels which is an air ventilating apparatus with a filter.
Weiss teaches an integral cylindrical chimney portion (124, Fig. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the chimney portion of Daniels to incorporate the teachings of the chimney portion of Weiss, which would provide an improved airborne odor elimination reduction method that includes entraining VPHP-containing malodorous air, with a circular opening to coordinate with other tubular conduits without the need for an adapter or transition box (¶0018).
Regarding claim 7, Daniels shows wherein the hood includes a plurality of sidewalls (34/35, Fig. 3) extending from the top surface of the hood to the base flashing portion (Fig. 2/3).
Regarding claim 8, Daniels shows wherein each of the plurality of sidewalls includes integrally pierced louvers (60, Fig. 3).
Regarding claim 9, Daniels shows further comprising: a filter (29, Fig. 2, ¶0028, Lines 21-27 – element 29 is a mesh screen that provides an enhanced filtering effect) surrounding the integral chimney portion (Fig. 2).
However, Daniels lacks showing a non-woven polyester filter surrounding the integral cylindrical chimney portion.
Weiss teaches a non-woven polyester filter (125, Fig. 12, ¶0095) surrounding the integral cylindrical chimney portion (124, Fig. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the filter and chimney portion of Daniels to incorporate the teachings of the filter and chimney portion of Weiss, which would provide an improved airborne odor elimination reduction method that includes entraining VPHP-containing malodorous air (¶0018).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN L FAULKNER whose telephone number is (469)295-9209. The examiner can normally be reached M-F: 9-7, Every other F: Flex.
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/RYAN L FAULKNER/Examiner, Art Unit 3762
/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
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