DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
Claims 21-27, 30-32, 35-43 and 45-50 are rejected under pre-AIA 35 U.S.C.
102(b) as being anticipated by Desrochers et al [US 2006/0234621]
Claim 21. (Previously Presented) A system for monitoring an air contaminant mitigation
system that exhaust vapors from a contaminated area to an external environment (the contain hazardous contaminants or for other reasons, it may be desirable to completely exhaust the airflow from the room to outside through the exhausted air 1004 or exhaust air 1070 to outside and external environment by the air exhaust damper 1003 air handler or damper controller 1213, see Figs. 6, 9, para [0045, 0084, 0093]),
the air contaminant mitigation system including an air conduit having a first end
extending into a contaminated area (the outside air intake 62 or outside air input 1007
into the air duct 60 inside throughout the building or home, then the vacuum pump 140
pulls air from the sensing locations through the tubing/conduit 202 into the solenoids
161 through 167 and into a manifold 190 and to the one or more shared sensors 120 to
measure temperature, CO2, different static pressure and/or air contaminants, radon,
ozone, biological and/or chemical terrorist agents, see Figs. 1, 2, 6, para [0062, 0070,
0077, 0080]), and
a second end exhausting into an external environment (the exhaust fans completely
exhausting the room air or exhaust air through at other end of air duct 60 as shown by
the arrow 1004, see Figs. 1, 2, 6, 9, para [0047, 0084, 0131]), the system for monitoring
the air contaminant mitigation system comprising:
a sensor module operably coupled to the air conduit, the sensor module including
one or more sensors configured to monitor operational parameters of the air conduit
(the one or more air sensors 120 to measure temperature, CO2, different static
pressure and/or air contaminants, radon, ozone, biological and/or chemical terrorist
agents, see Figs. 1, 2, 6, para [0070-0072, 0080]), and
a communication circuit configured to wirelessly transmit sensor signals (the shared
sensors 120 including a room sensor 25A, local duct sensors 1031, 1033, 1035 or 1037
may communicate wirelessly to the inputs block 150, see Figs. 1, 6, para [0071, 0072,
0097]);
a sensor controller including a communication circuit configured to receive the sensor
signals from the sensor module and transmit sensor data to a data server over a
network (the signal processing controller 130 receives the data information from one or
more shared sensors 120 and can send it through an internal and or external local area
or wide area network for monitoring at a remote location. Additionally, the data can pass
directly, or through a local area network, phone network or other suitable connecting
means 171 to connect to the Internet or a dedicated network from which a website or
other suitable means can be used to remotely access, display, and analyze the data
from the multipoint air sampling system 100, see Fig. 1, para [0073]).
Claim 22. (Previously Presented) The system of claim 21, wherein the one or more
sensors includes a sensor configured to monitor the pressure in the air conduit (the
shared sensors 120 sense of air pressures, see Fig. 1, para [0018, 0047, 0063]).
Claim 23. (Previously Presented) The system of claim 22, wherein the one or more
sensors includes another sensor configured to monitor an operational parameter of the
air conduit other than the pressure in the air conduit (the shared sensors 120 also sense
humidity, temperature, air contaminants, CO2, smoke, radon, ozone, biological and/or
chemical terrorist agents, see Figs. 1, 2, 4, para [0070]).
Claim 24. (Previously Presented) The system of claim 21, wherein the one or more
sensors includes a sensor configured to monitor an electrical power status (the power
monitoring, see para [0047, 0152]).
Claim 25. (Previously Presented) The system of claim 21, wherein the one or more
sensors includes a sensor configured to monitor pressure outside of the air conduit (the
building control system or building management system controls one or more functions
of the HVAC system in a building including monitoring indoor air, building pressurization
and critical environments within a building or the ambient conditions surrounding,
adjacent to a building or outside air duct sensor 65, see Figs. 1,6, para [0020, 0044,
0047, 0071, 0095]).
Claim 26. (Previously Presented) The system of claim 21, wherein the sensor controller
is located remote from the sensor module ("...a signal processing controller as
mentioned above refers to analog or digital electronic circuitry, and or a microprocessor
or computer running a software or firmware program that uses at least information,
signals and or software or firmware variables from either individual local sensors of air
quality parameters plus virtual sensor signals, information and or software or firmware
variables from remote or centralized sensors of air quality parameters, and blends,
combines or processes this information in a potential multitude of ways", see Fig. 1,
para [0046]).
Claim 27. (Previously Presented) The system of claim 21, wherein the sensor controller
is electrically connected to mains power (the building control system or building
management system inherently requires a connection to an electrical source, such as
an AC power outlet. As mentioned above, the control system is located in a building or
facility that is used to control one or more functions of the HVAC system in a building
such as for example control of space temperature, space relative humidity, air handling
unit airflows and operation, exhaust fan flows, chiller operation, economizer operation,
duct static pressures, building pressurization, and critical environment airflows. These
systems often integrate with or incorporate other building systems or subsystems such
as fire and security, card access, closed circuit TV monitoring, smoke control
systems, power monitoring, see para [0047, 0152]).
Claim 30. (Previously Presented) The system of claim 21, wherein the sensor data
transmitted by the communication circuit of the sensor controller includes the sensor
signals received by the communication circuit (the signal processing controller block
130 receives data from the shared sensors 120 through the wire or wireless
communication devices such as IEEE 802.11, Zigbee, Bluetooth, mesh networking, etc.
see Figs. 1, 2, abstract, para [0021, 0072, 0073]).
Claim 31. (Previously Presented) The system of claim 21, wherein the sensor data
transmitted by the communication circuit of the sensor controller is generated based on
the sensor signals received by the communication circuit (as cited in respect to claims,
21 and 30 above, see Figs. 1, 2).
Claim 32. (Previously Presented) The system of claim 21, wherein the system provides
a notification of an alarm condition detected by the sensor module, the alarm condition
occurring when the one or more sensors detect the operational parameter of the air
conduit is outside a reference threshold (the alarms, see para [0019, 0021, 0115]).
Claim 35. (Previously Presented) The system of claim 21, wherein the communication
circuit of the sensor transmits the sensor signals via radio waves (as cited in respect to
claim 30 above, the radio wave communication such as IEEE 802.11, Zigbee,
Bluetooth, see para [0072]).
Claim 36. (Previously Presented) The system of claim 35, wherein the radio waves are
900 Mhz (see para [0072]; the use of 900 Mhz radio waves by IEEE 802.11, Zigbee
and/or Bluetooth is typical, as this frequency is well established in near-field
communication).
Claim 37. (Previously Presented) The system of claim 21, wherein the communication
circuit of the sensor controller transmits the sensor data via WiFi (the sensors may
communicate using such protocols and approaches as IEEE 802.11a/b/g (which is the
technical standard for Wi-Fi), Zigbee, Bluetooth, mesh networking or other wireless
methods used in the building and IT (Information Technology) industry, see Fig. 1, para
[0072, 0073]).
Claim 38. (Previously Presented) The system of claim 21, wherein the network used to
transmit sensor data from the sensor controller to the data server is a cloud network
(the data can be sent through an internal and/or external local area or wide area
network for monitoring at a remote location. Additionally, the data can pass directly, or
through a local area network, phone network or other suitable connecting means 171 to
connect to the Internet or a dedicated network from which a website or other suitable
means can be used to remotely access, display, and analyze the data from the
multipoint air sampling system 100, see Fig. 1, para [0073]).
Claim 39. (Previously Presented) A method for monitoring operation of an air
contaminant mitigation system including an air conduit having a first end extending into
a contaminated area and a second end exhausting into an external environment, the
method comprising: generating, by a sensor module operably coupled to the air conduit,
sensor signals indicative of operational parameters of the air conduit (as cited in respect
to claim 21 above); transmitting wirelessly, by the sensor module, the sensor signals to
a sensor controller; generating, by the sensor controller, sensor data based on the
sensor signals; and transmitting over a network the sensor data from the sensor
controller to a data server (the wireless communication as cited in respect to claims 21
and 30 above).
Claim 40. (Previously Presented) The method of claim 39, further comprising:
generating, on the data server, operation data indicative of the operation of the air
contaminant mitigation system based on the sensor data; and transmitting the operation
data to remote devices (see Fig. 1, para [0073]).
Claim 41. (Previously Presented) A system for monitoring an air contaminant mitigation
system, the system comprising: a sensor module operably coupled to the air
contaminant mitigation system, the sensor module including one or more sensors (the CO2 and shared sensors 25, 120, 220, 520 0r 1120, see abstract, Figs. 1, 2, 4, 6, para [0038, 0049, 0063, 0075, 0100]), configured to monitor operational parameters of the air contaminant mitigation system, and a sensor controller including a communication circuit configured to receive the sensor signals from the sensor module and transmit sensor data to a data server over a network (as cited in respect to claim 21 above).
Claim 42. (Previously Presented) The method of claim 39, further comprising:
transmitting a signal from a remote computer to the sensor controller over the network,
wherein, upon receiving the signal, a setting of the sensor controller is modified (the
remote signal processing controller 350 and the modified sensor signals, see Fig. 4,
para [0102]).
Claim 43. (Previously Presented) The method of claim 42, wherein the setting is a
timing of receiving the sensor signals from the sensor module (which reads upon the
control logic block 510 to modify the sampling sequence on a potentially temporary
basic during the period of a detected event of interest in a particular space 20 as a
setting to receive of sensed signals, as to set of airflow cfm at any given time to assist of
the multiple air sampling system, see Fig. 5, para [0088, 0109, 0110]).
Claim 45. (Previously Presented) The method of claim 39, wherein the sensor
controller is configured to control operation of the air contaminant mitigation system, the
method further comprising: transmitting a signal from a remote computer to the sensor
controller over the network, wherein, upon receiving the signal, the sensor controller
modifies a parameter of the air contaminant mitigation system (as cited in respect to
claims 21, 26 and 42 above, and including the signal processing controller block 130,
210, 530 or 1100 as a computer software or firmware program (see Figs. 1, 2, 4, 6, para
[0100]). The computer 130, 210 transmits command signals 31A, 31B, 31C to each of
the room airflow controller 30A, 30B, 30C using sensor information as particular air
quality parameter sensor information from the shared sensors 220, see Figs. 1-3, para
[0074, 0075, 0097]).
Claim 46. (Previously Presented) The method of claim 45, wherein the parameter is a
speed of a fan operably connected to the air conduit (the air speed in the conduit, duct
or tube generated the airflow by exhaust fan flows such as the air fan 1002 and supply
air fan 1011, see Figs. 1, 6, para [0018, 0030, 0047, 0084, 0092, 0095]).
Claim 47. (Previously Presented) The method of claim 45, wherein the parameter is the
power supplied to a fan operably connected to the air conduit (as cited in respect to
claims 27 and 46 above, see para [0047,0152]).
Claim 48. (Previously Presented) The method of claim 45, wherein the parameter is the
opening or closing of control valves operably connected to the air conduit (the tubing
24A, 141 is controlled to opening or closing by the blade damper or by solenoid valves
161-167, 1161-1164 for controlling variable air volume, see Figs. 1, 6, para [0063, 0067-
0070, 0097]).
Claim 49. (Previously Presented) The method of claim 45, wherein the parameter is an
induced pressure in the air conduit (the airflow pressure, static pressure, differential
pressure or absolute pressure, see para [0018, 0047, 0064, 0079, 0089]).
Claim 50. (Previously Presented) The method of claim 39, further comprising transmitting the sensor data to a remote computer (the remote signal processing
controller block 130, 210, 530 or 1100 as a computer software or firmware program (see
Figs. 1, 2, 4, 6, para [0100]), wherein the remote computer 130, 210, 530 or 110 collects
or receives of sensed data from the shared sensors 120, see Figs. 1, 2, abstract, claim
1, para [0073]).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 28 and 29 are rejected under pre-AIA 35 U.S.C. 103(a) as being
unpatentable over Desrochers et al [US 2006/0234621] in view of Ahmed [US
2004/0088082]
Claim 28 (Previously Presented) Desrochers et al fails to disclose wherein the data
server records and stores the sensor data. However,
Desrochers et al teaches that building control system or building management system or building control systems may have pneumatic, electric, electronic, microprocessor, computer, or web-based controls using pneumatic, analog and or digital signal inputs and outputs. These systems often have centralized monitoring functions, centralized or local control capabilities, and may have Internet or web-based access. They may also be referred to as building management systems (BMS), facility control systems (FCS), or facility management systems (FMS) (see para [0047]). Another use of the data can be to send it through an internal and or external local area or wide area network for monitoring at a remote location. Additionally, the data can pass directly, or through a local area network, phone network or other suitable connecting means 171 to connect to the Internet or a dedicated network from which a website or other suitable means can be used to remotely access, display, and analyze the data from the multipoint air sampling system 100 (see para [0073, 0081]).
Ahmed suggests that the space control subsystem 114 of the building control system
100 of FIG. 1. The space control subsystem 114 of FIG. 6 is used in a space or room
610 that includes two fume hoods 612 and 614. A fume hood, as is known in the art, is
a fume collection device disposed over an enclosed surface. The fume hoods 612 and
614 allow for experiments or processes that involve noxious gasses fumes by conducting those gasses away from the experimental area. The room 610 is coupled in
an air communication relationship with an air flow supply duct 618 in which are disposed
a supply damper 620 and a radiator or heating coil device 616. The room 610 is also
coupled to communicate air to an exhaust duct 622 through a main exhaust damper
624. Fume hood dampers 626 and 628 communicate air/gas within the fume hoods 612
and 614, respectively, to the exhaust duct 622 (see Figs. 6-11, para [0093-0099, 0169]).
The building control system 100 employs a first wireless communication scheme to
effect communications between the supervisory computer 102, the chiller controller
subsystem 106, the fan controller subsystem 108, and the room controller subsystems
110, 112 and 114. A wireless communication scheme identifies the specific protocols
and RF frequency plan employed in wireless communications between sets of wireless
devices. In the embodiment described herein, the first wireless communication scheme
is implemented as a wireless area network. To this end, a wireless area network server
104 coupled to the supervisory computer 102 employs a packet-hopping wireless
protocol to effect communication by and among the various subsystems of the building
control system 100 (see Fig. 1, para [0033]).
The space control subsystem 110 is further operable to obtain data regarding the
general environment of the room for use, display or recording by a remote device, not
shown in FIG. 2, of the building control system. (E.g., supervisory computer 102 of FIG.
1) (see Fig. 1, para [0038]).
Therefore, it would have been obvious to one skill in the art before the effective
filing date of the claimed invention to add or implement the remote device wireless area
network server for recording of building data information of Ahmed to the web-based
controls using pneumatic, analog and or digital signal inputs and outputs of Desrochers
et al for expanding application and use of the remote controller to receiving, recording
and controlling of the building air contaminations effectively, since both references are
in the field of endeavor of monitoring and sensing building and room fume and air flow
exhaust system that may contaminated with CO, nitrogen and other gases.
Claim 29. (Previously Presented) The system of claim 21, wherein remote devices can
access the sensor data stored on the data server (taught by Desrochers et al in view of
Ahmed as discussed with respect to claims 21 and 28 above).
Claim 33 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
Desrochers et al [US 2006/0234621] in view of Hadziedic et al [US 2010/0102136]
Claim 33. (Previously Presented) Desrochers et al fails to disclose wherein the system provides a notification when an expected communication is not received from the sensor module. However, Desrochers et al teaches that the air sampling based refrigerant monitoring systems are examples of multipoint air sampling systems that provide alarm/limit functions are provided either locally where the shared sensor or sensors reside or via remote modules that are in communication with the sensor hardware via a digital network. In this way, multipoint air sampling systems have been used to provide a discontinuous signal, typically via a relay contact, which in turn provides a discontinuous control function based on a single air quality parameter. A discontinuous control function in the context of this patent is similarly defined as one with a limited set of output values or states such as two or three and similarly steps between these values with no intermediate values or states (see para [0019, 0021]).
Hadziedic et al suggests that the HVAC system 100 may include one or more heat
pumps in lieu of or in addition to the one or more furnaces 120, and one or more
compressors 140. One or more humidifiers or dehumidifiers may be employed to
increase or decrease humidity. One or more dampers may be used to modulate air flow
through ducts (not shown). Air cleaners and lights may be used to reduce air pollution.
Air quality sensors may be used to determine overall air quality (see Fig. 1, para
[0028]). The premises HVAC system 100 with alarms may include one or more heat
pumps in lieu of or in addition to the one or more furnaces 120, and one or more
compressors 140. One or more humidifiers or dehumidifiers may be employed to
increase or decrease humidity. One or more dampers may be used to modulate air flow
through ducts (not shown). Air cleaners and lights may be used to reduce air pollution.
Air quality sensors may be used to determine overall air quality (see Fig. 1, para [0028].
In an event 740, the AHC 210 and/or the IFC 220 broadcast on the data bus 180, an
alarm signifying a failure of communication with the blower motor, in this case, e.g.,
Blowere Communication Failure. In an event 750, the AHC 210 or IFC 220 transmits a
Device status message to the aSC 230a. The message may include an indication that a
service, e.g., heating via the furnace 120, is unavailable (see Fig. 7, para [0100)).
Therefore, it would have been obvious to one skill in the art before the effective
filing date of the claimed invention to modify including the alarm indicating of failure
communication with the air blower of HVAC system of Hadziedic et al for the multipoint
air sampling system with alarm discontinuous control function of Desrochers et al for
preventing of dangerous or casualty when the contaminants presented inside the
building or house without alarm or notification to take action.
Claim 34 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
Desrochers et al [US 2006/0234621] in view of Meynardi et al [US 2012/0109545]
Claim 34. (Previously Presented) Desrochers et al fails to disclose wherein the system provides a notification of a loss of electrical power to the sensor module. However,
Desrochers et al teaches that the air sampling based refrigerant monitoring systems
are examples of multipoint air sampling systems that provide alarm/limit functions are
provided either locally where the shared sensor or sensors reside or via remote modules that are in communication with the sensor hardware via a digital network. In
this way, multipoint air sampling systems have been used to provide a discontinuous
signal, typically via a relay contact, which in turn provides a discontinuous control
function based on a single air quality parameter (see para [0019, 0021]). These
systems often integrate with or incorporate other building systems or subsystems such
as fire and security, card access, closed circuit TV monitoring, smoke control systems, power monitoring, see para [0047, 0152]).
Meynardi et al suggests that the systems and/or methods that provide for remote
power outage and restoration notification using an outage and restoration notification
application (hereinafter referred to as "O & R application") that enables an outage
and/or restoration, associated with a customer premise, to be remotely detected,
located, and/or reported to a power provider (see para [0010]). Based on a
determination that the quantity of outages is greater than the outage threshold, the O&R
application may send an outage event notification to O&RS 140 alerting a power
provider that an outage event has been triggered. Based on determination that an
outage event has been triggered, e.g., when the quantity of simultaneous outages is
greater than the simultaneous threshold or when the quantity of co-located outages is
greater than the co-located threshold, the O&R application may send the event outage
notification (see Fig. 1, para [(0049]). The method comprising: receiving, by a server
device and from a network terminal device installed at a customer premise, an alert that
the network terminal device has lost primary power from a power grid (see claim 1).
Therefore, it would have been obvious to one skill in the art before the effective
filing date of the claimed invention to implement the alert of power outrage or losing
power of Meynardi et al to the alert of lost power monitoring of Desrochers et al for
notifying of errors or malfunctions of the system due to lost power or low power that may
cause critical and lives when a house/premises is contaminated with a high
concentration of methane or radon.
Claim 44 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
Desrochers et al [US 2006/0234621]
Claim 44. (Previously Presented) Desrochers et al fails to disclose wherein the setting is a timing of transmitting the sensor data to the data server. However,
Desrochers et al teaches that the control logic block 510 to modify the sampling sequence on a potentially temporary basic during the period of a detected event of interest in a particular space 20 as a setting to receive of sensed signals, as to set of airflow cfm at any given time such as 30 seconds to assist of the multiple air sampling system, see Fig. 5, para [0011, 0088, 0109, 0110]).
The multipoint sampling unit 200 can also interface to and send data back and forth
through data communications media 181 with the facility's building control or
management system 180. This can be done directly or through one of many interface
protocols such as BacNet, OPC, Lon by Echelon, XML or others (see Fig. 1, para
[0081]). The sensed data information can be sent to building control system 180 for
monitoring and or control purposes through a digital networked connection 181. The
physical connection 181 could be an Ethernet connection, EIA485 (also known as
RS485) connection or other type of digital data communications connection. Another
use of the data can be to send it through an internal and or external local area LAN or
wide area network WAN for monitoring at a remote location. Additionally, the data can
pass directly, or through a local area network, phone network or other suitable
connecting means 171 to connect to the Internet or a dedicated network from which a
website or other suitable means can be used to remotely access, display, and analyze
the data from the multipoint air sampling system 100 (see Fig. 1, para [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art to recognize that the system controller sets to sampling of sensed air at timing of 30 seconds then to transmitting the air sampling data to the remote Internet or website for analyzing and recording is functionally as a data server.
Claim 51 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
Desrochers et al [US 2006/0234621] in view of Dawson et al [US 2009/0289787]
Claim 51. (Previously Presented) Desrochers et al fails to disclose transmitting the sensor data to a mobile device. However,
Desrochers et al disclose the air sampling based refrigerant monitoring systems are examples of multipoint air sampling systems that provide alarm/limit functions such as this for individual parameters in which one or more relay contacts or analog output signals (such as 0-10 volt or 4-20 milliamp signals) are provided either locally where the shared sensor or sensors reside or via remote modules that are in communication with the sensor hardware via a digital network (see para [0021]). Another use of the data can be to send it through an internal and/or external local area or wide area network for monitoring at a remote location. Additionally, the data can pass directly, or through a local area network, phone network or other suitable connecting means 171 to connect to the Internet or a dedicated network from which a website or other suitable means can be used to remotely access, display, and analyze the data from the multipoint air sampling system 100 (see para [0073]).
Dawson et al suggests that the examples of triggers in triggers contained in triggers
604 include, without limitation, fire alarm activation, smoke detector activation, 911 call
placed, medical alert device activation, power outage detection, door bell activation,
carbon monoxide threshold, noise threshold, out of town alert, motion detection, gas
detection, infrared detection, weight sensors within property activation, light detection,
pet detection, poisonous chemical detection, and flood detection (see Figs. 4, 6, para
[0053, 0066]).
The computer implemented method, apparatus, and computer program product for
security cluster monitoring and notification. A security cluster comprised of a plurality of
structures is monitored for a plurality of events (see abstract). The event triggers table
600 of event trigger table 411 with cluster alert system 402. The event triggers in
triggers contained in triggers 604 include, without limitation, carbon monoxide threshold,
noise threshold, and poisonous chemical detection (see Figs. 4, 6, para [0053]).
Portable device 312 is a pervasive portable device that receives information from a
cluster alert system. The portable device 312 includes without limitation, mobile
telephones, PDAs, smart watches, personal computers, and laptops. Security cluster
300 allows for bi-directional communication between cluster alert systems and portable
device 312 (see Fig. 2, para [0044, 0045]).
Therefore, it would have been obvious to one skill in the art before the effective
filing date of the claimed invention to substitute the portable devices such as PDA, PC
and/or laptop of Dawson et al for the transmitting of the contaminated data information
to remote phone network or website of Desrochers et al for quickly accessed by an
owner or person or police to preventing of casualty due to dangerous contaminations.
Response to Arguments
Applicant's arguments filed on 09/21/2026 have been fully considered but they are not persuasive. Because,
Applicant’s arguments:
(A) In the Office Action, the Examiner first rejected claims 21-27, 30-32, 35-43, and 45-50 under 35 U.S.C. 103 for allegedly being obvious in view of the combination of U.S. Patent Pub. No. 2006/0234621 (Desrochers) and U.S. Patent No. 8,939,825 (Hatton). In particular, with respect to independent claim 21, the Examiner acknowledged that Desrochers fails to disclose monitoring an air contaminant mitigation system that exhausts vapors from a contaminated area to an external environment and Hatton was then relied upon for disclosing these elements of the claim. See Office Action at page 4. Applicant respectfully traverses the asserted combination of Desrochers and Hatton relied upon in the rejection of independent claim 21 because Desrochers is not analogous art to the present invention.
(B) As claims 22-27, 30-32, and 35-38 depend from independent claim 21, dependent claims 22-27, 30-32, and 35-38 are allowable for at least the reasons provided in support of the allowability of independent claim 21.
(C) Independent claim 39 is a method claim but recites elements similarly to independent claim 21. In the Office Action, the rejection of claim 39 consisted primarily of referencing the rejection of claim 21. See Office Action at pages 8-9. Applicant therefore respectfully traverses the rejection of claim 39 for at least the reasons provided above with respect to independent claim 21.
As claims 40 and 42-43, and 45-50 depend from independent claim 39, dependent claims 40 and 42-43, and 45-50 are allowable for at least the reasons provided in support of the allowability of independent claim 39.
(D) Desrochers fails to disclose the "one or more sensors configured to monitor operational parameters of the air contaminant mitigation system" recited in claim 41 for the reasons set for above with respect to independent claim 21.
(E) The remaining claims were then rejected under 35 U.S.C. §103 for allegedly being obvious over Desrochers and Hatton in combination with various other references. Namely, claims 28 and 29 were rejected for allegedly being obvious over the combination of Desrochers and Hatton and further in view of U.S. Patent Pub. No. 2004/0088082 (Ahmed); claim 33 was rejected for allegedly being obvious over the combination of Desrochers and Hatton and further in view of U.S. Patent Pub. No. 2010/0102136 (Hadziedic); claim 34 was rejected for allegedly being obvious over the combination of Desrochers and Hatton and further in view of U.S. Patent Pub. No. 2012/0109545 (Meynardi); claim 44 was rejected for allegedly being obvious over Desrochers and Hatton; 2 and claim 51 was rejected for allegedly being obvious over the combination of Desrochers and Hatton and further in view of U.S. Patent Pub. No.
2009/0289787 (Dawson).
As claims 28, 29, 33, 34, 44, and 51 depend from independent claim 21 or independent
claim 39, either directly or indirectly, dependent claims 28, 29, 33, 34, 44, and 51 are allowable for at least the reasons provided in support of the allowability of independent claim 21 and independent claim 39. In particular, without conceding the propriety of the asserted combinations³, it is respectfully submitted that Ahmed, Hadziedic, Meynardi, and Dawson do not add anything that would remedy the aforementioned deficiency of Desrochers with respect to independent claim 21.
Response to the arguments:
(A) According to the Final Office action filed on 01/07/2026, wherein the claims 21-27, 30-32, 35-43 and 45-50 are rejected under pre-AIA 35 U.S.C.
102(b) as being anticipated by Desrochers et al [US 2006/0234621] as cited above.
Desrochers et al discloses contain hazardous contaminants or for other reasons, it
may be desirable to completely exhaust the airflow from the room to outside through the
exhausted air 1004 or exhaust air 1070 to outside and external environment by the air exhaust damper 1003 air handler or damper controller 1213, see Figs. 6, 9, para [0045, 0084, 0093]).
(B) The claims 22-27, 30-32, and 35-38 are depended from the rejected independent claim 21, as cited above.
(C) The independent claim 39 is a method claim but recites elements similarly to the rejected independent claim 21, as cited above.
(D) The independent claim 41, Desrochers et al discloses a plurality of CO2 sensors and shared sensors as cited above.
(E) The dependent claims 28, 29, 33, 34, 44, and 51 depend from the rejected independent claim 21 or independent claim 39, either directly or indirectly, as above.
Conclusion
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/VAN T TRIEU/
Primary Examiner, Art Unit 2685
10/07/2026
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