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
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, 9 – 13, 19 – 23, 40, 42, 43, and 49 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.
Claim 1 recites the limitation "each of the at least one pleat spacer" in the last section of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 9 – 13, 19 – 23, 40, 42, 43, and 49 depend from claim 1 and are also rejected.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 19, 20, 24, 35, 36, 40, 42, and 43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 6,319,300 to Chen (hereinafter referred to as Chen).
In regard to claims 1 and 24, as shown in figures 1 – 6, Chen discloses a reusable filter system (11). The filter sheet (29) forms an interchangeable filter having a plurality of pleats, each pleat having a pleat height, a pleat width, and a cross-section defining a pleat profile. The filter (29) has a first pleated edge generally perpendicular to a direction of pleating, an opposing, second, pleated edge, a first side generally parallel to the direction of pleating, an opposing, second side, and an upper pleat tip face and an opposing lower pleat tip face. The reusable frame (12) includes a first and second holder (13) that are sized and shaped to hold the plurality of pleats along the first and second pleated edges, respectively, and a third and fourth holder (14) sized and shaped to hold the plurality of pleats along the first and second sides, respectively. As shown in the embodiment of figure 11, the first, second, third, and fourth holders are configured to be reversible connected, through the use of screws (42) and connection plates (15), with each other to form the reusable frame (12) having a cavity therein to receive the filter when the system is in an assembled state. The clamp plates (20 and 24 or 31 and 32) form at least one pleat spacer with a plurality of spacer elements being sized and shaped to match with the plurality of pleats to maintain a spaced, pleat profile of the filter when the system is in the assembled state.
In regard to claims 19 and 35, the connection plates (15) and screws (42) form a plurality of connectors that each is configured to be reversibly connecting two ends of any of the holders (13, 14) together.
In regard to claims 20 and 36, the connection plate (15) can be considered to form a supporting piece connecting to the frame.
In regard to claim 40, the filter system (11) of Chen is inherently made by a method comprising the steps of: providing the reusable filter system comprising a reusable frame, as claimed in claim 1; assembling the reusable frame partially or entirely by connecting first, second, third and fourth holders together and installing at least one pleat spacer to the reusable frame; installing the interchangeable pleated filter to the reusable frame; and assembling the reusable frame entirely if the same is partially assembled.
In regard to claim 42, the first, second, third, and fourth holders are connected by the screws (42) and connection plates (15), which are considered to form a plurality of connectors.
In regard to claim 43, the installation of the connection plates (15) can be considered installing at least one supporting piece to the reusable frame (12).
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 1, 19 – 22, 24, and 35 – 38 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 2019/0262754 to Barry et al. (hereinafter referred to as Barry) in view of US Patent Application Publication No. 2010/0326028 to Sundet (hereinafter referred to as Sundet).
In regard to claims 1 and 24, as shown in figures 5A, 16A, and 16B, Barry discloses a reusable frame (500). The four sides (502) can be considered to form the first, second, third, and fourth holders. The holders (502) are connected at each corner by clips (506). Thus, the first, second, third, and fourth holders are configured to be reversibly connected with each other to form the reusable frame having a cavity therein to receive a filter. Barry does not show the filter used with the frame (500). As discussed in paragraphs [0003] and [0004], Barry is generally directed to forming a filter for HVAC applications. As shown in figure 1 and discussed in paragraphs [0011] and [0022], Sundet discloses a pleated filter that can be used in an HVAC system. The filter (1) forms an interchangeable filter having a plurality of pleats, each pleat having a pleat height, a pleat width, and a cross-section defining a pleat profile. The filter (1) has a first pleated edge generally perpendicular to a direction of pleating, an opposing, second, pleated edge, a first side generally parallel to the direction of pleating, an opposing, second side, and an upper pleat tip face and an opposing lower pleat tip face. Additionally, the adhesive strand (50) forms a pleat spacer having a plurality of spacer elements being sized and shaped to match with the plurality of pleats to maintain a spaced, pleat profile of the filter.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barry to include a pleated filter of type of Sundet in the reusable frame as a filter of this type is known to be useful as a filter in an HVAC system.
In regard to claims 19 and 35, the clips (506) form a plurality of connectors, with each connector configured to be reversibly connecting two ends of any two of the first, second, third, and fourth holders (502) together.
In regard to claims 20 – 22 and 36 – 38, in the embodiment of figures 36A and 36B of Barry, the grid includes at least one supporting piece configured to connect between the third holder and the fourth holder. The grid can be considered to include a plurality of rigid rods that extend between the third and fourth holder. Barry, however, does not disclose the cross-sectional shape of the rods forming the grid. There is no evidence the shape of the rods is critical. It would further have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the rods of the grid to have a rectangular, trough, or trapezoid cross-sectional shape as it has been held that a particular shape of a structural feature or object is matter of design choice which a person of ordinary skill in the art would find obvious absent persuasive evidence that the particular shape is significant, see In re Dailey, 149 USPQ 47.
Allowable Subject Matter
Claim 39 is 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.
Claims 9 – 13, 23, and 49 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Other prior art references listed on the PTO-892 (Notice of References Cited) are considered to be of interest disclosing similar filters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 7-3.
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773