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 .
Response to Amendment
Applicant’s amendment filed on 10/21/25 has been entered. Claim 2 is cancelled. Claims 14-20 are withdrawn from consideration. Claims 1, 4, 6-9, and 11-13 remain pending and are examined herein. Applicant’s amendment and remark have overcome each and every rejection set forth in the Office Action mailed on 06/06/25.
Status of Application
Rejection of claim 2 is obviated by Applicant’s cancellation.
Rejection of claims 1, 4, 6-9, and 11-13 under 112(a) is withdrawn in view of Applicant’s amendment.
The amendment necessitates new ground of rejection.
Response to Arguments
Applicant’s arguments, see Pages 8-10, filed 10/21/25, with respect to the rejection(s) of claim(s) 1, 4, 6-9, 11-13 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Relle (US 20080281528 A1).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 6-9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gütle (CN 109791104 A) in view of Relle and Marshall (US 20010011473 A1) as cited in previous OA.
Regarding claim 1, Gütle teaches a device for detection of mold spore (particulate matter sensor device) (Note: spore is particle matter) (Claim 1; Figure 1, particulate matter sensor device 1), the device comprising:
an air inlet (Claim 1; Figure 1, inlet 11);
an air outlet (Claim 1; Figure 1, outlet 12);
an airflow path extending from the air inlet to the air outlet (a flow channel for the flow through from the inflow port to a flow outlet) (Claim 1; Figure 1, flow channel 2);
an airflow sensor configured to detect a flow rate of air passing through the airflow path (Description, Paragraph 208 in translation; Figure 16, environmental sensor 7);
a plurality of sensors (Description, Paragraph 96 in translation; Figure 16, environmental sensor 7; Paragraph 104-106 in translation) wherein said sensors are communicably coupled to a custom application on a computing device (Embodiments of sensors in accordance with aspects of the present invention are less susceptible to degradation and thus have a longer life and/or require less maintenance. Due to these characteristics, embodiments of the device can be used, for example, as a personal monitor that allows individuals to measure their exposure to particulate matter. Embodiments of the device may also be embedded in a wide range of products and systems including, but not limited to, air conditioning units, air purifiers, transportation vehicles, IoT sensor nodes, mobile handheld devices, and wearable devices. Embodiments of the device may record air quality data in a separate mode or communicate the air quality data to other devices, such as a smart phone and/or any other suitable device, in a wired or wireless manner. Paragraph 95 in translation)
a variable speed fan positioned within the airflow path (a fan arranged and configured to generate and/or control from the inlet to the outlet of flow stream) (Claim 3; Figure 1 fan 220) configured to operate at variable speeds to maintain the flow rate of air passing through the airflow path at a designated flow rate (the flow speed is preferably in the range of 2 meters per minutes to 10 meters per minute) (Claim 3);
a spore trap cassette positioned within said airflow path (filter, specifically a path filter) (Claim 6; Figure 16, filter 213) (Paragraph 61 of translated Description). However, Gütle does not teach the limitation “wherein said spore trap cassette comprises an inlet funnel comprising a first opening and a second opening such that the first opening is wider than the second opening and a sampling surface configured to capture mold spore particles…such that the airflow path passes over said sampling surface”, “wherein said airflow sensor is positioned along said airflow path downstream from said spore trap cassette” and “a controller operably connected to said variable speed fan and said airflow sensor, said controller configured to adjust the speed of said variable speed fan to maintain the designated flow rate”.
Regarding the limitation “wherein said airflow sensor is positioned along said airflow path downstream from said spore trap cassette”, Gütle discloses an optional environmental sensor is disposed downstream of the filter in the flow path (Paragraph 190), but Gütle does not specifically the optional environmental sensor is airflow sensor. However, Gütle discloses device may include sensor ranging from temperature to airflow sensor (Paragraph 208). Based on Gütle’s own disclosure, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the arrangement of the environmental sensor of Gutle to be downstream of the filter in the flow path. Doing so protects the environmental sensor from particulate matter filtered by the filter (Paragraph 190). Regarding the limitation of specifically having airflow sensor placed in the downstream, it would also have been an obvious to one of ordinary skill in the art before the effective filing date of the invention to have tried to modify the environmental sensor of Gutle to be an airflow sensor based on a finite number of options—humility, temperature, airflow, pressure sensor-- based on the disclosure from Gütle, knowing that Gütle discloses the optional environmental sensor can measure variety of environmental parameters (humility, temperature, etc.) (Paragraph 190); and airflow sensors are a list of sensors used in its device (Paragraph 208). Furthermore, there is a reasonable expectation of success because Gutle discloses that device is versatile in the parameters it can handle despite Gutle disclosing an embodiment with temperature sensor (Paragraph 114). Gutle discloses that the device would still work and perform the same function of filtering air with an environmental sensor other than temperature sensor as long as proper compensation device/component (that compensates based on new parameter the environmental sensor measure) is connected (Paragraph 191).
Regarding the limitation “wherein said spore trap cassette comprises an inlet funnel comprising a first opening and a second opening such that the first opening is wider than the second opening and a sampling surface configured to capture mold spore particles…such that the airflow path passes over said sampling surface”, Relle teaches a removable filter cassette for an environmental/atmospheric sampling system for HVAC appliances (Figure 1A and 3-4, 54). Relle discloses the cassette is a is a funnel-shaped apparatus comprising a first opening (male inlet 55, Fig. 3) and second opening (53, Fig. 3), and a sampling surface (filter 56, Fig. 3) closer to the second opening. As the cassette is removable and interchangeable, it would have been obvious to one of ordinary skill in the art before the effective filing date to have incorporated the design of the cassette of Relle to the device of Gutle to derive the claimed invention. The shape allows the particulate matter to be collected at a specific concentrated spot on the sampling surface/filter for subsequent analysis (…a funnel 54 a causing the particulates to be concentrated evenly on the filter trace from the mixing chamber 55 c…allowing the analytical laboratory to separate the trace into equidistant sections for various analysis. Para. [0155]).
Regarding the limitation of “a turbine blade that spins at a speed proportional to airflow path; a photo interrupter that sends a continuous invisible light beam from the bottom to the top of the airflow sensor and senses a train of pulses based on the turbine blade passing through the continuous invisible light beam; a microprocessor that receives and counts the train of pulses; and a controller operably connected to said variable speed fan and said airflow sensor, said controller configured to adjust the speed of said variable speed fan to maintain the designated flow rate”, Marshall discloses a flow apparatus includes a turbine blade (Figure 6; fan 94) and pressure/airflow sensor (Figure 6; flow sensor 92), a tachometer; and the fan controller control the speed of the fan using signals from the airflow sensors (The apparatus also includes a tachometer for measuring the rotational speed of the motorized fan and a microprocessor controller responsive to signals from the tachometer for controlling the rotational speed of the motorized fan such that it is maintained at a substantially constant speed. Abstract) wherein the tachometer is connected to a photo interrupter (infrared sensor) and a microprocessor that receives and counts the train of pulses (infrared transmitter) (Also mounted on the PCB 90 is a fan speed sensor 96, preferably an infrared device. The sensor 96 includes an infrared emitter/receiver pair located on opposite sides of the fan 94. The emitter sends an infrared beam to the receiver. The beam is interrupted each time a fan blade crosses it as the fan 94 rotates. A pulsed signal indicative of the fan rotation speed is thereby transmitted by the sensor 96 to a tachometer 97 in the microprocessor controller. Para. [0062]-[0063])
It would have been obvious to someone ordinary skill in the art before the effective filing date of the claimed invention to have modified Gütle by incorporating the flow controlling configuration disclosed by Marshall to the device of Gütle to derive a particulate matter sensor with a variable speed fan that self-adjust the speed in response to disturbance in the sensor. Doing so maintains a stable targeted flow rate despite any change of environmental factors (para. [0065], Marshalls).
Regarding claim 6, Modified Gütle teaches the invention as discussed above in claim 1. Gütle discloses a centrifugal fan (Description, Paragraph 188 in translation, fan 220) configured to the device.
Regarding claim 7, Modified Gütle teaches the invention as discussed above in claim 1. Gütle discloses the average diameter of the flow channel to be in the range of 2 mm to 8 mm (Description, Paragraph 78 in translation). Furthermore, Gütle discloses that the operating air velocity of the device to be ranged from 0.2 m/s to 10 m/s (12 to 600 meters/minute) (Description, Paragraph 45 in translation). Using the average diameter of 5.6 mm and operating air velocity of 10 m/s as disclosed by Gütle, the targeted flow rate is:
Q
=
A
v
=
π
D
2
2
*
v
=
π
*
5.6
m
m
2
2
*
10
m
s
=
π
0.0056
m
2
2
*
600
m
m
i
n
=
0.0148
m
3
min
=
14.8
L
/
min
wherein Q is the volumetric flow rate of air, A is the cross-sectional area, D is the average diameter of the channel, and v is the air velocity.
Regarding claims 8-9, Modified Gütle teaches the invention as discussed above in claim 1. Gütle discloses the sensor device is comprise of at least one environmental sensor measuring at least one environmental parameter (Description, Paragraph 96 in translation; Figure 16, environmental sensor 7) such as relative humidity, temperature, and/or gas sensor (reads on instantly claimed pressure sensor) (Description, Paragraph 104-106 in translation).
Regarding claim 11, Modified Gütle teaches the invention as discussed above in claim 8. Gütle discloses a controller (compensation device) operably connected to one or more environmental sensor (reads the environmental sensor) and derives a compensation output parameter based on the sensor signal of the environmental sensor (Gütle, Paragraph 191 in translation), but does not explicitly disclose that fan speed of the variable speed fan is being adjusted. As discussed above in claim 1, Marshalls discloses the configuration of a variable speed fan should compensate other environmental factor such as temperature as air density tends to change with differing ambient temperature (In addition, variations in ambient temperature also impact air density. Thus, according to the present invention, in conjunction with the fan motor speed correction, the microprocessor-based control system also accounts for air density variations (whether caused by altitude or temperature variations, or both). Para. [0096])).
It would have been obvious to someone ordinary skill in the art before the effective filing date of the claimed invention to have modified Gütle by incorporating the controller for variable speed fan of Marshalls in the device of Gütle to derive a particulate matter sensor with a variable speed fan that self-adjust the speed in response to disturbance in the sensor. Doing so maintains a stable targeted flow rate despite change of air density as a result of environmental change such as temperature (Marshalls, para. [0096]).
Regarding claim 12, Modified Gütle teaches the invention as discussed above in claim 1. Gütle discloses that a centrifugal fan may be placed positioned within an airflow path (centrifugal fans may be placed between the inlet and the outlet) (translated Description Paragraph 45). Regarding the limitation of fan motor, Examiner wants to point out that all fans/blowers are driven by motor spinning the fan blades. MPEP 2112.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gütle in view of Marshalls and Relle as applied to claim 1 above, and further in view of Baxter (US 5693895 A).
Regarding claim 4, Modified Gütle discloses the claimed invention as discussed above in claim 1. However, Relle does not explicitly disclose the medium used in filter 56 comprises adhesive surfaces.
Analogous art Baxter teaches an airborne particle impaction sampler (44, Fig. 4), wherein an adhesive medium (46; Figures 3 and 4; Column 5, Lines 41-58) is present on a collecting surface (the tacky layer 46 is present in the top surface, i.e. collecting surface, of the sample collection slide 45; See Figures 3 and 4), and wherein said collecting surface (the adhesive medium 46 is present in the top surface, i.e. collecting surface, of the sample collection slide 45; See Figures 3 and 4) is exposed to said airway (Column 5, Lines 41-58).
It would have been obvious to one having ordinary skill in the art before the effective filing date to have incorporated adhesive medium, such as the one taught by Baxter, on the filter of Relle to derive the claimed invention. Doing so increases the reliability and efficiency of the sampling collection (Baxter, Column 5, Lines 41-58).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gütle in view of Marshalls and Relle as applied to claim 1 above, and further in view of Kreikebaum (US 5600438) as cited in previous Office Actions.
Regarding claim 13, Modified Gütle teaches the invention as discussed above in claim 1. However, neither Gütle nor Marshall, explicitly discloses that the device comprises a battery operably connected to said airflow sensor and said variable speed fan.
In an analogous art, Kreikebaum discloses particle sensor (title) comprising an air blower (reads on instantly claimed variable speed fan) (Figures 2 and 3, blower 45) with an electric drive motor attached thereto (Figure 2 and 3, motor 47). Battery power is provided to the motor (reads on instantly battery connected to the fan) (Col. 5, Lines 7-13).
It would have been obvious to someone ordinary skill in the art before the effective filing date of the claimed invention to have incorporate battery as disclosed by Kreikebaum in the particulate matter sensor device of Modified Gütle to derive a particulate matter sensor with a battery-powered variable speed fan and air sensor. Doing so makes the device highly portable, even to remote sites (Kreikebaum, Col. 2 Lines 63-65).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.H./ Examiner, Art Unit 1758 /LYLE ALEXANDER/ Supervisory Patent Examiner, Art Unit 1797