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 claims 1-5 in the reply filed on 8/25/26 is acknowledged.
Claim Rejections - 35 USC § 102
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.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 2017/0326264).
Regarding claim 1, Kim (US 2017/0326264) teaches –
A photocatalytic air purifier (title) comprising:
in a housing (front and rear housings 21, 22), a photocatalyst that purifies air (see figs. 14-15 specifically, catalytic section 81) and
a light source that irradiates the photocatalyst with light exerting a photocatalytic action (UV LED substrate 55 with LEDs 56, par. 132), wherein
the photocatalyst is elastically supported in the housing (elastic bumper 82 to secure the catalyst 81, par. 171).
Regarding claim 2, Kim further teaches an air blower that sends air to a photocatalyst side or sucks air from the photocatalyst side (fan 60, fig. 2).
Regarding claim 3, Kim further teaches a photocatalytic unit (inner housing 30 through which the air flows and that houses the photocatalyst, par. 48; Fig. 3), wherein the photocatalytic unit is attached in the housing, and supports the photocatalyst (Fig. 3 and par. 48), and the photocatalyst is elastically supported in the photocatalytic unit (the photocatalyst 80 is supported elastically by bumper 82 in the inner housing 40 and housing formed by 21, 22).
Regarding claim 4, Kim further teaches that the photocatalytic unit is attachable to and detachable from the housing (par. 55 describes the housings 21, 22 being separable from each other and the inner housing 30 for the installation of the various filters).
Regarding 5, Kim further teaches the photocatalyst is directly or indirectly supported, at at least part of an outer peripheral portion of the photocatalyst, by the housing through elastomer or rubber (the bumper 82 is elastic and therefore comprises an elastomer or rubber material exhibiting elastic properties).
Claim Rejections - 35 USC § 103
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.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2017/0326264) in view of Takahashi (US 2002/0037244).
Regarding claim 5, should it be found that Kim fails to teach the limitation of an elastomer or rubber with sufficient specificity – Takahashi (US 2002/0037244) teaches a photocatalyst supported by a housing through a rubber (par. 0110). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Kim such that the elastic bumper is made from rubber or another elastomer as taught by Takahashi to arrive at the claimed invention. One would have been motivated to do so to use a known appropriate elastic material for supporting the catalyst as is known in the art to arrive at a successfully operable air purifying device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN A HENSEL whose telephone number is (571)272-6615. The examiner can normally be reached Mon-Thu 8:30 - 7pm;.
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/BRENDAN A HENSEL/ Examiner, Art Unit 1758
