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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 10 – 16, in the reply filed on July 30, 2026 is acknowledged. The examiner agrees that new claims 21 – 24 are also part of Group II.
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 10, 11, 13, 15, 16, and 22 – 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2014/0230385 to Schuld et al. (hereinafter referred to as Schuld).
In regard to claim 10, as shown in figures 6 and 7, Schuld discloses an end cap (49) that forms a support element capable of being used for a filter element for a HVAC system. The support element (49) includes two ribs (67). One rib can be considered to form a first interface member extending along a longitudinal direction, and the other rib can be considered to form a second interface member spaced apart from the first interface member and extending parallel to the first interface member. The base member (65) forms a connecting member configured to couple the first interface member and the second interface member to a filter media pack (34). The connecting member (65) is shown to extend from the first interface member to the second interface member. As discussed in paragraph [0022], the end cap can include attached magnets (68) or be extruded from a magnetic material. In either case, the support element (49) includes a magnetic material disposed on a fist longitudinal end of at least one of the connecting member, the first interface member, or the second interface member.
In regard to claim 11, in the case where the support element is extruded form a magnetic material, it inherently includes a magnet element having an elongated body that extends in the longitudinal direction from the first longitudinal end toward a second longitudinal end of the at least one of the connecting member, the first interface member, or the second interface member that is opposite from the first longitudinal end.
In regard to claim 13, in the case where the support element is extruded form a magnetic material, it inherently includes a magnet material embedded within at least one of the connecting member, the first interface member, or the second interface member.
In regard to claim 15, as shown in figures 6 and 7, the magnetic element can include a pair of magnetic elements (68). Each of the pair of magnetic elements contacts a respective one of the first interface member and the second interface member. Thus, the pair of magnetic elements is considered to be disposed on a respective one of the first interface member and the second interface member.
In regard to claims 16 and 22, as discussed in paragraph [0022], the end cap (49), which includes the connecting member (65) and interface members (67) integrally formed together, can be made of plastic, which is a non-magnetic material. The magnetic material is formed by the magnets (68) that are inherently a ferromagnetic material or a permanent magnet.
In regard to claims 23 and 24, as shown in figures 1, 3, and 6, and discussed in paragraph [0021], Schuld disclose a filter element (14) capable of being used for a HVAC system. The filter element (14) includes a filter media pack (34). As discussed above, the end cap (49) forms a support element as recited in claim 10 of the present application. The end cap (49) is coupled to the filter media pack (34) as the bottom end cap. A top end cap (48) can be considered to form a second support element coupled to an opposing end of the filter media pack (34) as the support element (49). As discussed in paragraphs [0005] and [0018], the filter media pack is reconfigurable between a collapsed position in which the first support element and the second support element are separated by a first distance along an expansion direction of the filter media pack, and an expanded position in which the first support element and the second support element are separated by a second distance along the expansion direction that is greater than the first distance.
Claims 10 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 5,689,969 to Conroy (hereinafter referred to as Conroy).
In regard to claim 10, as shown in figure 2, Conroy discloses a frame (30) for a filter element capable of being used for a HVAC system. The frame (30) can be considered to form a support element. The top member (32) of the frame can be considered to form a first interface member extending along a longitudinal direction. The bottom frame member (36) can be considered to form a second interface member spaced apart from the first interface member and extending parallel to the first interface member. The two side members (38, 40) extend between the interface members (32, 36) to form the frame and together can be considered to form a connecting member configured to couple the first and second interface members to a filter media pack (20). The magnetic strip (40) forms a magnetic material disposed on a fist longitudinal end of at least one of the connecting member, the first interface member, or the second interface member.
In regard to claim 21, the magnetic material (40) extends around the entire circumference of the frame and thus is disposed over a portion of the connecting member (38, 40) that is spaced apart from both the interface members (32, 36), as shown in figure 2.
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 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Schuld.
Schuld is discussed above in section 4. As discussed in paragraph [0022], Schuld discloses the magnets (68) to preferably be attached with an adhesive backing, but can be attached in any manner. There is no indication how the magnets are attached in critical. In regard to claim 12, Schuld does not disclose the connecting member (65) to define a recessed area at the first longitudinal end thereof, with the magnet being disposed over at least a portion of the recessed area. Press or interference fitting is a well-known connection method. Predictably, a magnet could be press fit into a recessed area of the connecting member to attach it to the connecting member. In regard to claim 14, Schuld does not disclose attaching the magnet as part of a clip that is pressed over a portion of the first longitudinal end. Clips are also well known attachment members. Similarly, a clip could predictably be pressed over a portion of first longitudinal end to attach the magnet onto the support element.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schuld to attach the magnet either by press fit, where it is disposed over a recessed area, or by using a clip that is pressed over a portion of the first longitudinal end as both press fitting and using clips are well known attachment means in the art that predictably can attach a magnet to the support element.
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 support elements for a filter element having magnetic attachment means.
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 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at 571-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773
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