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.
Claim 21 is 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.
In claim 21, “the bypass module” lacks antecedent basis. Apparently, claim 21 should depend from claim 17, rather than claim 13, which would obviate this rejection.
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, 2, 4, 5, 7, and 13 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Schuld.
Schuld (Abstract; Figs. 3-10; paragraphs [0010], [0013], [0015]-[0018], [0034]-[0038], [0041]-[0042], [0044]-[0045], [0048], [0050]-[0052]) teaches a modular humidifier including a base module (10) having a frame (12 in Fig. 8) with a wet pack (20) enclosed in the frame, a fan module (30) to draw air through the wet pack within the base module, with a cover assembly structure to couple to each of the fan module and the base module (see Figs. 3, 4, and 6), the frame of the base module having first and second sides, with the fan module being couplable to either of the first or second sides, as recited by independent claim 1 and dependent claim 13 (see paragraph [0042]).
Schuld further discloses that the cover assembly as shown by Figs. 3, 4, and 6 is coupled to the mountable frame portions of the base and fan modules to enclose the wet pack within the base module and the fan within the fan module, such that the fan pulls air through the wet pack to humidify the air (claims 2, 4, and 5). The base module also includes a drain assembly (24) in the bottom thereof so that excess water from the wet pack can drain from the humidifier (claim 7).
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.
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.
Claims 1, 2, 4, 5, 7, 11, 13, and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Schuld.
Schuld (Abstract; Figs. 3-10; paragraphs [0010], [0013], [0015]-[0018], [0034]-[0038], [0041]-[0042], [0044]-[0045], [0048], [0050]-[0052]) as applied in paragraph 5 above is considered to anticipate claims 1, 2, 4, 5, 7, and 13. However, in the event that applicant cannot agree with the Examiner’s position of anticipation of claims 1, 2, 4, 5, 7, and 13, one having ordinary skill in the art would have found the modular humidifier, as set forth by the claims to have been entirely obvious at the time of the filing of the application, including any perceived necessary modifications that would be allegedly required to complete the assembly of the cover elements onto the base structures of either of the base and fan modules, whether the fan module were assembled to the left or to the right of the wet pack carrying base module.
With regard to the symmetrical construction of the cover assembly, as recited by instant claim 11, applicant should note the structure as disclosed by Figs. 3, 4, and 6 of Schuld, wherein the cover assembly is clearly designed to mesh together regardless of the orientation of the assembled apparatus (fan module to left or right of the base module). As such, it would have been obvious for an artisan at the time of the filing of the application, to construct the frames and covers of the base and fan modules of the Schuld reference in such a symmetrical manner as to allow for ease of assembly and disassembly without difficulty or any need to modify or distort the apparatus elements.
With regard to instant claims 17-21, Schuld clearly discloses that the humidifier device can be formed as a bypass humidifier, as opposed to the powered humidifier with a fan module, as discussed above. The reference teaches that the humidifier can be constructed with a bypass duct attached to either the left or the right side of the base module (see paragraph [0048]), and that the bypass humidifier can include a controllable damper assembly for controlling air flow through the base module of the humidifier and out of the humidifier through the bypass duct that forms the bypass module, the duct obviously being connected to the outlet of the base module by an adapter that reduces the air pathway diameter from the area within the base module to the area of the interior of the duct. As is well known within ducted forced air systems, it is quite conventional to place any damper within the body of the duct attaching adapter element. Wherein the reference does not specifically illustrate the apparatus cover in relation to the bypass module (which amounts to a bypass duct attached to the base module), it would have been obvious for an artisan at the time of the filing of the application, to provide a cover connectable to the base module that would protect the connection of the duct (bypass module) thereto, in view of the overall reference teaching in regard to the general state of art at the time of the filing of the application.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Schuld taken together with Bloemer.
Schuld (Abstract; Figs. 3-10; paragraphs [0010], [0013], [0015]-[0018], [0034]-[0038], [0041]-[0042], [0044]-[0045], [0048], [0050]-[0052]) as applied above, substantially discloses applicant’s invention as recited by instant claim 3, except for the thumb latch and snap assembly for connection of the cover assembly to the base and fan modules.
Bloemer (Abstract; 42, 62 in Fig. 2) discloses a humidifier structure designed for connection to an HVAC system, similar to that of Schuld, wherein the cover structure (56) and base module (12) are provided with thumb latch and snap assembly elements (42, 62) to allow for easy tool-free assembly and disassembly of the cover means on the base module frame. It would have been obvious for an artisan at the time of the filing of the application, to provide the cover and frame elements of the Schuld humidifier, with the thumb latch and snap assembly elements, in view of Bloemer, since such would facilitate easy tool-free installation and removal of the cover element for necessary periodic maintenance of the device.
Claims 6, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Schuld taken together with Martin ‘902.
Schuld (Abstract; Figs. 3-10; paragraphs [0010], [0013], [0015]-[0018], [0034]-[0038], [0041]-[0042], [0044]-[0045], [0048], [0050]-[0052]) as applied above, substantially discloses applicant’s invention as recited by instant claims 6, and 14-16, except for the double centrifugal fan assembly with a central drive motor therebetween, as set forth by instant claim 6. It is noted that Schuld clearly teaches the provision of a control assembly (40) being integrated with the base module thereof to provide speed control of the fan assembly in response to sensed humidity and/or temperature levels being modified by the HVAC system to which the humidifier is attached (see paragraph [0017] of Schuld), thereby teaching the control means of instant claims 14-16. Schuld further teaches the preferred use of a centrifugal fan (see paragraph [0041]), well known in the art as a highly efficient fan type, to pull air through the wet pack at a sufficient velocity to pick up a large amount of moisture in a single pass.
Martin ‘902 (Figs. 1, 4, and 9) teaches that it is known within the art to double the air flow capacity of a fan assembly by arranging two of the same type of cylindrical fans, having coaxially arranged drive axes with a single drive motor arranged therebetween, the drive shaft of the motor being aligned with the drive axes of the fans, to provide a highly efficient air moving means. It would have been obvious for an artisan at the time of the filing of the application, to provide the fan powered humidifier of Schuld with two centrifugal fans arranged on the same rotary axis and being driven by a single motor provided between the fans with the drive axis of the motor being coaxial with the axes of the rotating fans, in view of Martin ‘902, since such would double the air moving capacity of the Schuld device, while only requiring the use of a single drive motor.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Schuld taken together with Fields.
Schuld (Abstract; Figs. 3-10; paragraphs [0010], [0013], [0015]-[0018], [0034]-[0038], [0041]-[0042], [0044]-[0045], [0048], [0050]-[0052]) as applied above, substantially discloses applicant’s invention as recited by instant claim 8, except for the bottom of the cover being sloped to direct any water collecting thereon will be automatically directed to the drain by gravity.
Fields (Fig. 1) discloses a humidifier for use on an HVAC system duct for humidifying the air passing therethrough, similar to that of Schuld, wherein Fields discloses a curved cover element (12A) arranged adjacent to the bottom drain assembly of the device, such that any water collecting on the cover will automatically migrate to the drain assembly under the force of gravity. It would have been obvious for an artisan at the time of the filing of the application, to modify the shape of the cover of the Schuld reference humidifier, to be curved with the bottom of the curve being immediately adjacent to the drain assembly of device, in view of Fields, since such would automatically remove excess water from the cover element, thereby avoiding the growth of mold and/or mildew within the device.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Schuld taken together with Martin et al ‘927.
Schuld (Abstract; Figs. 3-10; paragraphs [0010], [0013], [0015]-[0018], [0034]-[0038], [0041]-[0042], [0044]-[0045], [0048], [0050]-[0052]) as applied above, substantially discloses applicant’s invention as recited by instant claims 9 and 10, except for the drain assembly having a valve within a housing, in the form of a check valve of a solenoid valve.
Martin et al ‘927 disclose a humidifier for use with an HVAC duct, wherein the drain (102) of the humidifier is provided with a housing (60) having a valve (90) disposed therein, the weight of the valve causes it to act as a check valve on the valve discharge line (col. 3, lines 51-54), thereby preventing any sewer gas inflow into the humidifier device. It would have been obvious for an artisan at the time of the filing of the application, to modify the drain assembly of Schuld, to include a valve assembly controlling flow through the drain, the valve having structure to act as a check valve on the drain line from the humidifier, in view of the teaching by Martin et al ‘927, since such would prevent any sewer gas infiltration into the HVAC system by backflow passage through the drain assembly.
Allowable Subject Matter
Claim 12 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00.
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/C.S.B/6-20-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776
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