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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “measurement apparatus,” “computer,” “ionizer,” “discharge electrode,” “air quantity sensor,” “particle sensor,” “temperature sensor,” “humidity sensor,” “sensor,” “filtering system,” “motor vehicle,” and “air conditioner” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: the phrase of “in particular for” should be depleted. Appropriate correction is required.
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 2-5 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.
Claims 2-5 recite the limitation "tip".
There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1 and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krichtafovitch (US 20190024913).
As regarding claim 1, Krichtafovitch discloses the claimed invention for a method for detecting a functional state of an ionizer in an air filtering system, in particular for a motor vehicle, comprising a measurement apparatus (105, 106) determines an amperage at a discharge electrode (102) in the ionizer at an initial point in time t0, and sends this to a computer ([0039]-[0044]; microprocessor), the measurement apparatus measures at least one other parameter ([0042]) at the time t0 and sends the measured at least one other parameter at the time t0 to the computer, the measurement apparatus measures an amperage at the discharge electrode and the at least one other parameter at a subsequent time t1 and sends the measured amperage at the subsequent time t1 to the computer ([0047] and fig. 2), the computer obtains at least one comparison value from the measurement values detected by the measurement apparatus at the initial time t0 and the subsequent time t1 and compares the at least one comparison value with a reference value, the computer generates a signal and/or takes appropriate measures ([0026]) if the comparison value differs from the reference value by a predefined value ([0048]).
As regarding claim 5, Krichtafovitch discloses all of limitations as set forth above. Krichtafovitch discloses the claimed invention for wherein the computer generates a signal for replacing the discharge electrode or the tip thereof, if the comparison value differs from the reference value by the predefined value ([0048]).
As regarding claim 6, Krichtafovitch discloses all of limitations as set forth above. Krichtafovitch discloses the claimed invention for wherein the computer adjusts the input voltage to the discharge electrode in the ionizer, if the comparison value differs from the reference value by a predefined value ([0020]).
As regarding claim 7, Krichtafovitch discloses all of limitations as set forth above. Krichtafovitch discloses the claimed invention for wherein the measurement apparatus measures the amperage at a shunt resistor on the discharge electrode in the ionizer ([0039]).
Claim 8 is likewise rejected with similar reasons as set forth in claim 2 above.
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.
Claim(s) 2-4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Krichtafovitch (US 20190024913) as applied to supra, and further in view of Schmitz (US 20190024913).
As regarding claim 2, Krichtafovitch discloses all of limitations as set forth above. Krichtafovitch discloses the claimed invention except for wherein the measurement apparatus detects the amount of air flowing around the discharge electrode or the tip thereof, and sends the measured amount of air flowing to the computer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the measurement apparatus detects the amount of air flowing around the discharge electrode or the tip thereof, and sends the measured amount of air flowing to the computer in order to enhance filtering system performance, since it was known in the art as shown in Schmitz ([0039]).
As regarding claim 3, Krichtafovitch discloses all of limitations as set forth above. Krichtafovitch discloses the claimed invention except for wherein the measurement apparatus detects a particle concentration flowing around the discharge electrode or the tip thereof, and sends the detected particle concentration flowing to the computer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the measurement apparatus detects a particle concentration flowing around the discharge electrode or the tip thereof, and sends the detected particle concentration flowing to the computer in order to enhance filtering system performance, since it was known in the art as shown in Schmitz ([0039]).
As regarding claim 4, Krichtafovitch discloses all of limitations as set forth above. Krichtafovitch discloses the claimed invention except for wherein the measurement apparatus detects at least one of the following as a further parameter: the temperature, humidity, and/or gaseous contamination surrounding the discharge electrode or the tip thereof, and sends the at least one detected parameter to the computer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the measurement apparatus detects at least one of the following as a further parameter: the temperature, humidity, and/or gaseous contamination surrounding the discharge electrode or the tip thereof, and sends the at least one detected parameter to the computer in order to enhance filtering system performance, since it was known in the art as shown in Schmitz ([0039]).
As regarding claim 9, Krichtafovitch discloses all of limitations as set forth above. Krichtafovitch discloses the claimed invention except for wherein the measurement apparatus contains at least one of the following sensors: an air quantity sensor, a particle sensor, a temperature sensor, a humidity sensor, and/or a sensor for detecting gaseous contamination. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the measurement apparatus contains at least one of the following sensors: an air quantity sensor, a particle sensor, a temperature sensor, a humidity sensor, and/or a sensor for detecting gaseous contamination in order to enhance filtering system performance, since it was known in the art as shown in Schmitz ([0039]).
As regarding claim 10, Krichtafovitch discloses all of limitations as set forth above. Krichtafovitch discloses the claimed invention except for an air conditioner for a motor vehicle that has an air filtering system. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide an air conditioner for a motor vehicle that has an air filtering system in order to enhance filtering system performance, since it was known in the art as shown in Schmitz ([0020]).
As regarding claim 11, Krichtafovitch as modified discloses all of limitations as set forth above. Krichtafovitch as modified discloses the claimed invention for a motor vehicle comprising an air conditioner Schmitz ([0020]).
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773
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