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 § 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 1 is rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Chinese reference(CN214536625U).
Chinese reference in figure 1 teaches an air handling unit to pass air through the air handling unit to regulate the air within an indoor space, comprising: at least one filter(prefilter 5) configured to filter the air; at least one cooler(surface cooling section 6) configured to cool the air; at least one heater(heating section 7) configured to heat the air; at least one humidifier(humidifier 8) configured to add moisture into the air. Examiner notes the limitations “to regulate the air within an indoor space” are an intended use and not given patentable weight for prior art analysis.
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.
Claims 2,5,6,15 are rejected under 35 U.S.C. 103 as being unpatentable over Chinese reference(CN214536625U) taken together with Johansen et al(11388861).
Chinese reference teaches all of the limitations of claim 2 but is silent as to further comprising a direct air capture unit comprising at least one damper, a plurality of carbon dioxide filters; and a heating element. Johansen et al in figures 1 and 2 teaches a system for treating an air flow which includes carbon dioxide, wherein an airflow including carbon dioxide passes from conduit(102) into a filter(149), through a chiller column (106), and downstream to a direct capture unit(CO2 adsorption section 134; column 6 line 36 stating “part 3 of the process is CO2 capture from air”), wherein the direct capture unit includes at least one damper(damper 140 and 141 in figures 1 and 2), a plurality of carbon dioxide filters(plurality of adsorbers within carbon dioxide adsorption section 137; noting zeolite in adsorption section 137 is divided into horizontal sections, forming a plurality of carbon dioxide filters), and a heating element(heater 136). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a direct air capture unit comprising at least one damper, a plurality of carbon dioxide filters; and a heating element in fluid communication with the air handling unit of Chinese reference in order to provide a mechanism for CO2 adsorption for airflow that includes CO2 passing through the air handling unit of Chinese reference.
With regards to claim 5, Chinese reference taken together with Johansen et al further teaches wherein the direct air capture unit comprises second(140) and third(141) dampers, wherein the second damper is disposed on a first side of the heating element(136) and the third damper is disposed on a second side of the heating element.
With regards to claim 6, Chinese reference taken together with Johansen et al further teaches wherein the second and third dampers are configured to reside in a first direct air capture position or a second air capture position.
With regards to claim 15, Chinese reference taken together with Johansen et al further teaches wherein the air handling unit is part of a heating, ventilation, and air conditioning system(noting return air inlet 2 and air supply conduit 3 in Chinese reference).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Chinese reference(CN214536625U) taken together with Johansen et al(11388861).
Chinese reference in figure 1 teaches a method of treating air comprising: providing an air handling unit comprising: at least one filter(prefilter 5) configured to filter the air; at least one cooler (surface cooling section 6) configured to cool the air; at least one heater (heating section 7) configured to heat the air; and at least one humidifier(humidifier 8) configured to add moisture into the air. Chinese reference is silent as to providing at least one direct air capture unit comprising: at least one damper;
a plurality of carbon dioxide filters; and a heating element; and causing air to pass through the air handling unit and the at least one direct air capture unit.
Johansen et al in figures 1 and 2 teaches a system for treating an air flow which includes carbon dioxide, wherein an airflow including carbon dioxide passes from conduit(102) into a filter(149), through a chiller column (106), and downstream to a direct capture unit(CO2 adsorption section 134; column 6 line 36 stating “part 3 of the process is CO2 capture from air”), wherein the direct capture unit includes at least one damper(damper 140 and 141 in figures 1 and 2), a plurality of carbon dioxide filters(plurality of adsorbers within carbon dioxide adsorption section 137; noting zeolite in adsorption section 137 is divided into horizontal sections, forming a plurality of carbon dioxide filters), and a heating element(heater 136). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a direct air capture unit comprising at least one damper, a plurality of carbon dioxide filters; and a heating element in fluid communication with the air handling unit of Chinese reference in order to provide a mechanism for CO2 adsorption for airflow that includes CO2 passing through the air handling unit of Chinese reference.
Allowable Subject Matter
Claims 3,4,7,8,17-20 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 3 recites “wherein the at least one filter, the at least one cooler, the at least one heater, the at least one humidifier, and the direct air capture unit are disposed within a fluid pathway and configured to be in fluid communication with each other.”. Chinese reference taken together with Johansen et al teaches an air handling unit and a direct air capture unit in fluid communication with one another, however Chinese reference taken together with Johansen et al does not teach or suggest wherein the at least one filter, the at least one cooler, the at least one heater, the at least one humidifier, and the direct air capture unit are disposed within a fluid pathway and configured to be in fluid communication with each other. Claim 4 depends on claim 3 and hence would also be allowable upon incorporation of claims 2 and 3 into claim 1.
Claim 7 recites “wherein when the second and third dampers reside in the first direct air capture position, the direct air capture unit is configured to allow air to pass through a first carbon dioxide filter and to prevent air from passing through a second carbon dioxide filter.”. Chinese reference taken together with Johansen et al teaches second and third dampers along with a plurality of carbon dioxide filters, however Chinese reference taken together with Johansen et al does not teach or suggest wherein when the second and third dampers reside in the first direct air capture position, the direct air capture unit is configured to allow air to pass through a first carbon dioxide filter and to prevent air from passing through a second carbon dioxide filter. Claim 8 depends on claim 7 and hence would also be allowable upon incorporation of claims 2,5,6, and 7 into claim 1.
Claim 9 recites “further comprising: a packed bed reactor based direct air capture unit comprising: at least one damper; at least one heating element; and a plurality of packed bed reactors.”. Chinese reference taken together with Johansen et al teaches an air handling unit and a direct air capture unit in fluid communication with one another, however Chinese reference taken together with Johansen et al does not teach or suggest further comprising a packed bed reactor based direct air capture unit comprising: at least one damper; at least one heating element; and a plurality of packed bed reactors. Claims 10-14 depend on claim 9 and hence would also be allowable upon incorporation of claim 9 into claim 1.
Claim 17 recites “further comprising: causing a change in position of the at least one damper of the at least one direct air capture unit such that air is allowed to pass through a first carbon dioxide filter and is prevented from passing through a second carbon dioxide filter.”. Chinese reference taken together with Johansen et al teaches an air handling unit and a direct air capture unit in fluid communication with one another, the direct air capture unit including at least one damper, however Chinese reference taken together with Johansen et al does not teach or suggest causing a change in position of the at least one damper of the at least one direct air capture unit such that air is allowed to pass through a first carbon dioxide filter and is prevented from passing through a second carbon dioxide filter. Claim 18 depends on claim 17 and hence would also be allowable upon incorporation of claim 17 into claim 16.
Claim 19 recites “further comprising: providing a packed bed reactor based direct air capture unit comprising: at least one damper; at least one heating element; and
a plurality of packed bed reactors.”. Chinese reference taken together with Johansen et al teaches an air handling unit and a direct air capture unit in fluid communication with one another, however Chinese reference taken together with Johansen et al does not teach or suggest further comprising providing a packed bed reactor based direct air capture unit comprising: at least one damper; at least one heating element; and
a plurality of packed bed reactors. Claim 20 depends on claim 19 and hence would also be allowable upon incorporation of claim 19 into claim 16.
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
September 22, 2026
