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
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6-22-2026.
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 2-9,11 and 12 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 2 recites “the air inlets”. There is a lack of antecedent basis for “the air inlets” in previous claim limitations. Examiner notes claim 1 recites “one or more air inlets”, wherein there is a lack of antecedent basis for an embodiment with one air inlet. Claims 3-9 depend on claim 2 and hence are also rejected.
Claim 2 recites “the air outlets”. There is a lack of antecedent basis for “the air outlets” in previous claim limitations. Examiner notes claim 1 recites “one or more air outlets”, wherein there is a lack of antecedent basis for an embodiment with one air outlet.
Claim 4 recites “the air inlets”. There is a lack of antecedent basis for “the air inlets” in previous claim limitations. Examiner notes claim 1 recites “one or more air inlets”, wherein there is a lack of antecedent basis for an embodiment with one air inlet.
Claim 6 recites “the air inlets”. There is a lack of antecedent basis for “the air inlets” in previous claim limitations. Examiner notes claim 1 recites “one or more air inlets”, wherein there is a lack of antecedent basis for an embodiment with one air inlet.
Claim 7 recites “the air outlets”. There is a lack of antecedent basis for “the air outlets” in previous claim limitations. Examiner notes claim 1 recites “one or more air outlets”, wherein there is a lack of antecedent basis for an embodiment with one air outlet.
Claims 11 and 12 recites “the filter”. There is a lack of antecedent basis for “the filter” in previous claim limitations. Examiner notes claim 10 recites “at least one air filter”, wherein there is a lack of antecedent basis for an embodiment with more than one air filter.
Claim 15 recites “the air inlets”. There is a lack of antecedent basis for “the air inlets” in previous claim limitations. Examiner notes claim 1 recites “one or more air inlets”, wherein there is a lack of antecedent basis for an embodiment with one air inlet.
Claim 16 recites “the air outlets”. There is a lack of antecedent basis for “the air outlets” in previous claim limitations. Examiner notes claim 1 recites “one or more air outlets”, wherein there is a lack of antecedent basis for an embodiment with one air outlet.
Claim 17 recites “the air outlets”. There is a lack of antecedent basis for “the air outlets” in previous claim limitations. Examiner notes claim 1 recites “one or more air outlets”, wherein there is a lack of antecedent basis for an embodiment with one air outlet.
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 1-6,8,9,15,16,18 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Chinese reference(CN105928089A).
Chinese reference in figures 1 and 2 teaches an air purifier(para 0028 stating “desktop air purifier”) comprising: a casing(upper housing 102 and lower housing 103) defining a support to receive a substrate of a plant, an artificial plant and/or a removable pot(noting flower pot assembly 301 and plant basket 3012), the casing forming a chamber, an outer wall of the casing defining one or more air inlets(air inlets in lower housing 103 in figure 2), and one or more air outlets(air outlets in lower housing 103 in figure 2); at least one air filter(cotton filter 401 and water curtain net 402) housed in the chamber; a fan(fan wheel 4031) housed within the chamber; and a motor(motor 4033) operable to drive the fan, whereby the fan is operable to draw in air through one or more air inlets in the casing and through the at least one air filter, the fan further operable to expel the drawn-in air through the one or more air outlets in the casing.
With regards to claim 2, Chinese reference further teaches wherein the air inlets and the air outlets are arranged in rows in which the air inlets and the air outlets are circumferentially distributed(noting rows of air inlets and air outlets circumferentially distributed over lower housing 103).
With regards to claim 3, Chinese reference further teaches wherein the rows include an upper row and a lower row.
With regards to claim 4, Chinese reference further teaches wherein the air inlets are in the lower row, and the air outlets are in the upper row(Examiner noting openings in the lower housing 103 for inlets and outlets are capable of being designated as lower air inlets and upper air outlets).
With regards to claim 5, Chinese reference further teaches wherein the casing has an upper casing portion(upper housing 102) and a lower casing portion(lower housing 103), the chamber defined concurrently by the upper casing portion and the lower casing portion(para 0029 stating “the top cover, the upper shell 102 and the lower shell 103 are connected in a detachable manner for easy disassembly”).
With regards to claim 6, Chinese reference further teaches wherein the air inlets are in the lower casing portion.
With regards to claim 8, Chinese reference further teaches wherein the at least one filter is in the lower casing portion( noting figure 1 showing a part of filter 401 and filter 402 in lower housing 103).
With regards to claim 9, Chinese reference further teaches wherein the fan and the motor are in the upper casing portion (noting figure 1 showing a part of fan and motor in upper housing 102).
With regards to claim 15, Chinese reference further teaches wherein the air inlets are vertical slits.
With regards to claim 16, Chinese reference further teaches wherein the air inlets are vertical slits.
With regards to claim 18, Chinese reference further teaches wherein the casing defines an open top receptacle.
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.
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chinese reference(CN105928089A).
Chinese reference teaches all of the limitations of claim 7 but is silent as to wherein the air outlets are in the upper casing portion. Examiner respectfully submits air purifiers that include separable housing portions with air outlets in an upper housing portion are known, therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide air outlets in the upper housing of Chinese reference in order to provide air outlet flow at a greater vertical separation distance from air inlets.
Allowable Subject Matter
Claims 10-14,17,19 are 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.
Claim 10 recites “wherein the at least one filter has an annular body, and has a central axis generally vertical in the air purifier.”. Chinese reference teaches a filter having a rectangular panel structure, however Chinese reference does not teach or suggest wherein the at least one filter has an annular body, and has a central axis generally vertical in the air purifier. Claims 11-14 depends on claim 10 and hence would also be allowable upon incorporation of claim 1o into claim 1.
Claim 17 recites “wherein the air outlets have a generally tangential orientation.”. Chinese reference teaches a lower housing including flat radially oriented air outlets, however Chinese reference does not teach or suggest wherein the air outlets have a generally tangential orientation.
Claim 19 recites “further including a sleeve of fabric mounted on the casing to conceal the air inlets and the air outlets.”. Chinese reference teaches a casing including air inlets and air outlets, however Chinese reference does not teach or suggest a sleeve of fabric mounted on the casing to conceal the air inlets and the air outlets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT A HOPKINS whose telephone number is (571)272-1159. The examiner can normally be reached Mon-Thurs 6am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 5712707872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT A HOPKINS/ Primary Examiner, Art Unit 1776
July 1, 2026
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