DETAILED ACTION
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 1-10 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.
Regarding claim 1, it is unclear how “in particular for a vehicle” limits the claimed structure. It is unclear whether or not this is a required limitation.
Regarding claim 1, line 7, “the respective electrode assembly” lacks antecedent basis in the claim. It is unclear why “the respective” is being included, rather than “the at least one”.
Regarding claim 10, the limitation “the vehicle further comprising an air conditioner provided within the air conditioner” is indefinite. It is unclear what it means for an air conditioner to be within an air conditioner.
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 1-3, 5 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi WO 2020/007549 A1.
Regarding claim 1, Shi discloses a filtering system for filtering air, in particular for a vehicle (Abstract), comprising a filter configured to filter particles out of the air (figure 1: filter 1), through which a flow path for the air passes (Abstract), an ionizer, comprising at least one electrode assembly (electrodes 3 and 4), through which the flow path flows upstream of the filter (see figure 1), wherein the respective electrode assembly comprises least one electrode and one counter electrode (electrodes 3 and 4), which are connected to a voltage in order to generate a corona discharge in the air (figures: corona discharge electrodes 4), wherein the ionizer is configured to provide the at least one electrode a negative polarity and the at least one counter electrode a positive polarity in the first operating mode of at least one of the electrode assemblies, wherein the ionizer is configured to give the at least one electrode a positive polarity and the at least one counter electrode a negative polarity in the second operating mode of at least one of the electrode assemblies (claim 1; final paragraph of page 1).
Regarding claim 2, Shi discloses that the ionizer is configured such that the polarities of the at least one electrode and counter electrode can be reversed in at least one of the electrode assemblies, such that the electrode assembly can alternate between the first operating mode and second operating mode (page 2, 3rd paragraph).
Regarding claim 3, Shi discloses that the ionizer comprises at least one first electrode assembly and at least one second electrode assembly, the ionizer is configured such that the at least one first electrode assembly can be operated in the first mode and the at least one second electrode assembly can be operated in the second mode, or vice versa (see figure 2; page 4, line 33 – page 5, line 3).
Regarding claim 5, Shi discloses that the ionizer is configured such that in a first operating state, all of the electrode assemblies are operated in the first mode, and all of the electrode assemblies are operated in the second mode in a second operating state (Abstract).
Regarding claim 8, Shi discloses that the at least one electrode assembly and the filter are opposite one another along the flow path (figure 1: “opposite” is given its broadest reasonable interpretation; one in front of the other can be considered “opposite”).
Regarding claims 9 and 10, Shi discloses utilizing the filtering system as part of a vehicle’s air conditioning system (column 3, lines 12-13), which implies a heat exchanger.
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shi WO 2020/007549 A1.
Shi is relied upon as above.
Regarding claim 7, Shi discloses at least two electrode assemblies, where gas passes in series (see figure 2), but does not disclose parallel assemblies. It nevertheless would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to have two electrode assemblies in parallel, for the purpose of additional filtration, as is generally known in the art, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 (VI-B).
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Shi WO 2020/007549 A1 in view of Hepperle USPA 2022/0339641 A1
Shi is relied upon as above.
Regarding claim 4, Shi does not disclose an electric insulator is placed between the first electrode assembly and second electrode assembly in the flow path. Hepperle discloses placing such an insulator between the electrodes for insulating the live parts (paragraph 81; claim 31). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to modify Shi to include an electric insulator placed between the first electrode assembly and second electrode assembly in the flow path, as disclosed by Hepperle, to keep the live parts insulated from each other.
Regarding claim 6, Shi discloses that the ionizer is configured such that in a combined operating state, the at least one first electrode assembly is operated in the first mode and the at least one second electrode assembly is operated in the second mode, or vice versa (Abstract).
Conclusion
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/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776
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