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 .
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 10 recites “the atmosphere pressure-side” it should read “an atmosphere pressure-side”.
Claim 13 recites “the received signal” it should read “a received signal”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-10, and 16-21 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Freen (US 20110185895 A1).
Regarding claim 1, Freen teaches an air filter for a HVAC system ¶[0003], comprising: a filter medium comprising one or more media layers for removing contaminants from an airstream (Fig 1 12 ¶[0025]; a frame for supporting the filter medium within the HVAC system (Fig 1 110); and a differential pressure detector for detecting a pressure difference across the filter medium (Fig 1 3).
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Regarding claim 2, Freen teaches an air filter for a HVAC system of claim 1, wherein the differential pressure detector is incorporated into the frame (¶[0005] [0030]).
Regarding claim 4, Freen teaches an air filter for a HVAC system of claim 1, wherein the differential pressure detector is configured to detect a difference in air pressure between a low-pressure side of the air filter and an atmospheric-pressure side of the air filter (Fig 1 Ph PI ¶[0025]).
Regarding claim 5, Freen teaches an air filter for a HVAC system of claim 1, wherein the differential pressure detector is configured to indicate when the pressure difference reaches a threshold value (¶[0063]).
Regarding claim 6, Freen teaches an air filter for a HVAC system of claim 5, wherein the threshold value is selected to indicate that the air filter must be cleaned or replaced to minimize the energy consumption of the HVAC system (¶[0063]).
Regarding claim 7, Freen teaches an air filter for a HVAC system of claim 1, wherein the differential pressure detector comprises a first pressure sensor and a second pressure sensor mounted within an opening disposed in the frame (Fig 2 20 ¶[0033]).
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Regarding claim 8, Freen teaches an air filter for a HVAC system of claim 7, wherein the opening extends from an atmospheric-pressure side of the air filter to a low-pressure side of the air filter (Fig 2).
Regarding claim 9, Freen teaches an air filter for a HVAC system of claim 8, wherein the first pressure sensor and the second pressure sensor are mounted to opposite sides of a printed circuit board that is affixed across the middle of the opening (Fig 4 31 25b 25c [0033] and Fig 5).
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Regarding claim 10, Freen teaches an air filter for a HVAC system of claim 9, wherein the printed circuit board separates the low-pressure side of the air filter from the atmosphere pressure-side such that the first pressure sensor and the second pressure sensor are respectively exposed to atmospheric pressure upstream of the air filter and lower air pressure downstream of the air filter (Fig 2 and Fig 4).
Regarding claim 16, Freen teaches an air filter for a HVAC system of claim 1, further comprising a power circuit for supplying electrical power to the differential pressure detector (Claim 10).
Regarding claim 17, Freen teaches an air filter for a HVAC system of claim 16, wherein the power circuit is incorporated into a HVAC system that is configured to operate with air filters that include pressure differential detectors (Claim 10).
Regarding claim 18, Freen teaches an air filter for a HVAC system of claim 16, wherein the power circuit is incorporated into a portion of the air filter (Fig 1 11).
Regarding claim 19, Freen teaches an air filter for a HVAC system of claim 1, wherein the power circuit comprises: a removable battery(Fig 1 5 [0031]) for powering the power circuit; a sensor for detecting the pressure difference across the filter medium (Fig 1 3); an integrated circuit for receiving and processing signals from the sensor (Fig 1 45); and a light emitting diode for providing visual signals to a practitioner (Fig 1 8-10).
Regarding claim 20, Freen teaches an air filter for a HVAC system of claim 19, wherein the integrated circuit is configured to signal when the pressure difference reaches a threshold value that indicates the air filter needs to be cleaned or replaced (¶[0063]).
Regarding claim 21, Freen teaches an air filter for a HVAC system of claim 19, wherein the integrated circuit is configured to wirelessly signal an application stored on a user’s mobile device to display a notification to the user when the air filter needs to be cleaned or replaced (¶[0039-0040] and [0063] ).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Freen (US 20110185895 A1).
Regarding claim 3, Freen teaches an air filter for a HVAC system of claim 2, and wherein the differential pressure detector but fails Freen to teach is disposed in a corner of the frame.
However, Freen teaches differential pressure detectors going through the filter and frame as seen in Fig 2, it would be obviousness of one of ordinary skill in the art before the effective filling date of the claimed invention that differential pressure detectors could be disposed in the cored of the frame, the exact placement of the pressure detector is well understood to be a design choice, See MPEP 2144.VI.C and In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950.
Claim(s) 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freen (US 20110185895 A1) as applied to claim 10 above, and further in view of (Chau US 20160236932 A1)
Regarding claim 11, Freen teaches an air filter for a HVAC system of claim 10, wherein the printed circuit board and the first pressure sensor and the second pressure sensor (Fig 4 31 25b 25c [0033] and Fig 5) but Freen doesn’t teach are encapsulated in soft gel potting to provide water resistance in the event the air filter is washed and reused.
However, Chau teaches a printed circuit board encapsulated in soft gel potting (¶[0084]). One of ordinary skill in the art before the effective filling date of the claimed invention ,would use the soft gel covering circuit board and pressure sensor of Chau with air filter system of Freen, in order to protect the circuit from dust and water in the HVAC system as disclosed in Chau (¶[0084]).
Regarding claim 12, modified Freen teaches an air filter for a HVAC system of claim 11, wherein the printed circuit board includes suitable circuitry for receiving signals from the first pressure sensor and the second pressure sensor (Freen ¶[0036]).
Regarding claim 13, modified Freen teaches an air filter for a HVAC system of claim 12, wherein the circuitry is configured to process the received signal and communicate a resultant difference in air pressure on opposite sides of the air filter (Freen Claim 6 and 10).
Regarding claim 14, modified Freen teaches an air filter for a HVAC system of claim 13, wherein the circuitry is configured to indicate or provide a signal when the resultant difference in air pressure reaches a predetermined threshold value (Freen Claim 11 and ¶[0048]).
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Regarding claim 15, modified Freen teaches an air filter for a HVAC system of claim 14, wherein the circuitry is configured to wirelessly communicate with any one or more of a desktop, a tablet, a server, a mobile phone, a personal digital assistant, a personal communicator, a network router or hub, a wireless access point or repeater, a set-top box, or any combination thereof (Freen Fig 7B and ¶[0053]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE HARRISON SHIPMAN whose telephone number is (571)270-3197. The examiner can normally be reached Monday-Friday 7:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at (571)272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE HARRISON SHIPMAN/Examiner, Art Unit 1771
/KRISHNAN S MENON/Primary Examiner, Art Unit 1771
