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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The claims are rejected as follows:
Claims 1–2 and 4–19 are rejected under 35 U.S.C. 103 as being obvious over Hein et al., US 2019/0344209 A1 (“Hein”) in view of Boehringer et al., US 2016/0166970 A1 (“Boehringer”).
Regarding claim 1:
Hein discloses that an air filter medium (Hein’s filter material 12, Hein Fig. 2, [0049]) comprising:
a predetermined inflow side (above layer 13, Hein Fig. 2, [0049]) and a predetermined outflow side (below layer 15, Hein Fig. 2, [0049]), wherein the air filter medium is configured to be flowed through from the predetermined inflow side to the predetermined outflow side in a flow direction (as indicated by throughflow direction 29, Hein Fig. 2, [0049]);
an ion exchanger layer (Hein’s ion-exchange layer 13, Hein Fig. 2, [0048]) comprising ion exchanger particles (Hein discloses as cation exchange particles, Hein [0048]);
an impregnation layer (Hein’s impregnation layer 15, Hein [0047]) comprising impregnated active carbon particles (Hein’s impregnated active carbon particles 17, 18, Hein Fig. 2, [0047]), wherein the impregnation layer (15 of Hein) is arranged downstream of the ion exchanger layer (13 of Hein);
an active layer (Hein’s active layer 14, Hein Fig. 4, [0046]) comprising non-impregnated active carbon particles (Hein’s non-impregnated active particles 16, Hein [0046]);
wherein the impregnated active carbon particles (17, 18 of Hein) of the impregnation layer (15 of Hein).
Hein does not disclose that the active carbon of the impregnation layer is impregnated with an acidic impregnation agent comprising at least one inorganic acid, wherein the at least one inorganic acid is selected from the group consisting of phosphoric acid, sulfuric acid, and hydrochloric acid. Hein does not disclose a grammage of the ion exchanger particles in the ion exchanger layer lies in a range between 150 g/m2 and 350 g/m2. Hein does not disclose a grammage of the impregnated active carbon particles in the impregnation layer lies in a range between 150 g/m2 and 350 g/m2.
In the analogous art of filtering materials, Boehringer discloses a filtering material comprising impregnated activated carbon, Boehringer Fig. 1, [0067]. Boehringer discloses its activated carbon could be impregnated with sulfuric acid, which is especially effective with respect to the removal of Ammonia, Boehringer [0067]. It would therefore have been obvious for one ordinary skill in the art at the time of filing for Boehringer’s activated carbon to be impregnated with sulfuric acid to effectively remove ammonia.
Additionally, Boehringer discloses Boehringer discloses a first filter element comprising activated carbons, Boehringer Fig. 1, [0039]. Boehringer also discloses a second filter element comprising ion exchange resins, wherein the carrier structure of the first and second filtering element comprising a weight per unit area (grammage) from 15 to 450 g/m2, Boehringer [0137]. Boehringer also discloses that the first adsorbent material (activated carbon) could be in the amount range from 20 to 100% weight (Boehringer [0129]), which means Boehringer’s activated carbon could have a grammage range of 15 to 450 g/m2, this range overlaps with the claimed range and support a prima facie case of obviousness. MPEP 2144.05(I). Boehringer discloses its second adsorbent material could be in the range of 15% to 100% weight (Boehringer [0130]), which means Boehringer’s ion exchange resins could have a grammage from 15 to 450 g/m2, this range overlaps with the claimed range and support a prima facie case of obviousness. MPEP 2144.05(I). Boehringer discloses its filter media has significantly improved adsorption performance, increased breakthrough times and improved cumulative breakthrough values, Boehringer [0173]. It would therefore have been obvious for one ordinary skill in the art at the time of filing for Hein’s carrier structure has the same grammage as disclosed by Boehringer for the benefits disclosed above.
Regarding claim 2:
Modified Hein discloses that the air filter medium according to claim 1, wherein the grammage of the ion exchanger particles in the ion exchanger layer lies in a range between 200 g/m2 and 350 g/m2 and/or the grammage of the impregnated active carbon particles in the impregnation layer lies in a range between 250 g/m2 and 350 g/m2 (as modified in claim 1, modified Hein discloses an ion exchange resin range of 15 to 450 g/m2, such range overlaps with the claimed range and support a prima facie case of obviousness. MPEP 2144.05(I)).
Regarding claim 4:
Modified Hein does not disclose that the air filter medium according to claim 1, wherein an average grain size of the ion exchanger particles amounts to 300 µm to 1,200 µm.
However, Boehringer discloses a particle diameter for its second adsorbent, which is ion-exchange particles, has an average diameter of 0.01 µm to 5 mm, Boehringer [0102] and [0127]. Boehringer discloses its design improves adsorption performance of the inventive filter units, resulting in increased breakthrough times as well as improved cumulative breakthrough value, Boehringer [0173]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to further modify Hein for the benefits disclosed. With such modification, modified Hein would have a range overlapping the claimed range and support a prima facie case of obviousness. MPEP 2144.05(I).
Regarding claim 5:
Modified Hein does not disclose that the air filter medium according to claim 1, wherein an average grain size of the impregnated active carbon particles amounts to 350 µm to 550 µm. However, Boehringer discloses that its impregnated activated carbon could have a mean particle diameter in the range of 0.01 to 2 mm (equivalent to 10 to 2000 micron), Boehringer [0084]. Boehringer therefore discloses a range overlapping with the claimed range and support a prima facie case of obviousness. MPEP 2144.05(I). It would therefore have been obvious for one ordinary skill in the art at the time of filing to further modify Hein to comprises such impregnated activated carbon size range for the benefits of improves adsorption performance of the inventive filter units, resulting in increased breakthrough times as well as improved cumulative breakthrough value, Boehringer [0173].
Regarding claim 6:
While Modified Hein does not explicitly disclose that the air filter medium according to claim 1, wherein the ion exchanger particles comprise strongly acidic cation exchangers comprising as a functional group an acidic group and comprising a cation group selected from H+ and Na+, Boehringer discloses cationic ion-exchange resins comprising divinylbenzene-crosslinked polystyrenes with sulfonic acid groups, Boehringer [0127] and [0097]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to use Boehringer’s ion exchanger particles for an increased breakthrough times as well as improved cumulative breakthrough value, Boehringer [0173].
Regarding claim 7:
Modified Hein discloses that the air filter medium according to claim 6, wherein the acidic group is sulfonic acid (Boehringer [0127]).
Regarding claim 8:
Modified Hein discloses that the air filter medium according to claim 1, further comprising an adhesive (Hein discloses as glue, Hein [0031]) bonding one or more of the particles selected from the group consisting of the impregnated active carbon particles of the impregnation layer, the non-impregnated active carbon particles of the active layer, and the ion exchanger particles of the ion exchanger layer to each other.
Regarding claim 9:
Modified Hein discloses that the air filter medium according to claim 8, wherein the one or more particles selected from the group consisting of the impregnated active carbon particles of the impregnation layer, the non-impregnated active carbon particles of the active layer, and the ion exchanger particles of the ion exchanger layer are cross-linked by the adhesive (Hein discloses as a thermal connection via glue, Hein [0031]).
Regarding claim 10:
Modified Hein discloses that the air filter medium according to claim 1, further comprising at least one carrier layer (Hein’s support layer 25 or 26, Hein Fig. 4, [0052]).
Regarding claim 11:
Modified Hein discloses that the air filter medium according to claim 10, wherein the at least one carrier layer is arranged at the predetermined inflow side (Hein’s support layer 25 is arranged at the predetermined inflow side, Hein Fig. 4, [0052]).
Regarding claim 12:
Modified Hein discloses that the air filter medium according to claim 10, wherein the at least one carrier layer comprises a synthetic nonwoven material (Hein discloses its support layer 25, 26 could be made of plastic non-woven, which is synthetic non-woven material, Hein [0020]).
Regarding claim 13:
Modified Hein discloses that the air filter medium according to claim 1, further comprising at least one particle filter layer (Hein’s support layer 25 or 26 is essentially a particle filter layer, Hein [0024]).
Regarding claim 14:
Modified Hein discloses that the air filter medium according to claim 13, wherein the at least one particle filter layer is arranged at the predetermined outflow side (26 of Hein is arranged at the predetermined outflow side, Hein Fig. 4, [0024]).
Regarding claim 15:
Modified Hein discloses that the air filter medium according to claim 13, wherein the at least one particle filter layer comprises a synthetic nonwoven material (Hein discloses its support layer 25, 26 could be made of plastic non-woven, which is synthetic non-woven material, Hein [0020]).
Regarding claim 16:
Modified Hein discloses that the air filter medium according to claim 1, further comprising one or more separation layers (Hein’s third additional layer 27, Hein FIG. 6, [0056]) arranged between at least one of the layers selected from the group consisting of the ion exchanger layer, the active layer, and the impregnation layer (Hein’s layer 27 is adjacent to active layer 14, Hein Fig. 6, [0056]), and a respective neighboring layer (Hein’s fourth additional layer 28, Hein Fig. 6, [0056]) arranged adjacent to said at least one selected layer (14 of Hein).
Regarding claim 17:
Modified Hein discloses that the air filter medium according to claim 16, wherein the one or more separation layers comprise a synthetic nonwoven material (Hein discloses its additional layer could be non-woven material of plastic fibers, Hein [0052], which is synthetic non-woven).
Regarding claim 18:
Modified Hein discloses that the air filter medium according to claim 1, comprising at least one adsorption layer comprising adsorption particles, wherein the adsorption particles comprise one or more adsorption materials selected from the group consisting of an active carbon, a zeolite, an ion exchanger, and a molecular sieve (Hein’s active layer 14 is an adsorption layer and it comprises active carbon, Hein Fig. 2, [0047]).
Regarding claim 19:
Modified Hein discloses that a filter medium body comprising an air filter medium according to claim 1, wherein the air filter medium is folded multiple times to a folded bellows (Hein discloses its filter could be pleated, Hein [0032]).
Claim 3 is rejected under 35 U.S.C. 103 as being obvious over Hein in view of Boehringer as applied to claim 1 above, and further in view of Braeunling et al., US 2006/0225574 A1 (“Braeunling”).
Regarding claim 3:
Modified Hein does not disclose that the air filter medium according to claim 1, wherein the active layer is arranged downstream of the impregnation layer.
In the analogous art of air filters, Braeunling discloses a filter element 30 comprising an active layer 12 upstream of a granular adsorption layer 14, Braeunling Fig. 2, [0032]. Braeunling discloses an optional active layer 16 downstream of granular adsorption layer 14, Braeunling Fig. 2, [0032]. Braeunling discloses its design increase adsorption capacity and adsorption rate with optimum utilization of the load capacity, Braeunling [0007]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include a second active layer downstream of Hein’s impregnation layer 15 as disclosed by Braeunling, for an increase adsorption capacity. With such modification, modified Hein’s active layer would be downstream of the impregnation layer.
Claim 20 is rejected under 35 U.S.C. 103 as being obvious over Hein in view of Boehringer as applied to claim 1 above, and further in view of Nakano et al., US 2006/0185336 A1 (“Nakano”).
Regarding claim 20:
Modified Hein discloses that a filter element comprising:
a filter medium body comprising an air filter medium according to claim 1, wherein the air filter medium is folded multiple times to a folded bellows (this limitation is mapped in claim 19, Hein [0032]).
Modified Hein does not explicitly disclose a frame element connected to the filter medium body and at least partially surrounding the filter medium body.
In the analogous art of air filters, Nakano discloses a frame element 26 connected to the filter medium body 20 and partially surrounding the filter medium body, Nakano Fig. 5, [0007]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include a frame for modified Hein’s filter medium to protect the filter medium. Additionally, filter frame surrounding and connected to filter medium are known in the art as disclosed by Nakano.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIANPING HE whose telephone number is (571)272-8385. The examiner can normally be reached on 7:30-5:00 M-F.
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/Qianping He/Examiner, Art Unit 1776