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 .
Response to Amendment
Claim amendments filed 09 October 2025 have been acknowledged. Claims 1-8, 11-12, 14-18, 21, and 23-24 are pending with claims 9-10, 13, 19-20, and 22 being cancelled.
Response to Arguments
Applicant's arguments filed 09 October 2025 have been fully considered but they are not persuasive.
Regarding the argument that the lifting mechanisms taught by Misawa does not have the function of adjusting the direction of discharged air, as seen in figures 7-10, the lifts taught by Misawa are able to function independently to control the tilt angle of the grill. This would in turn control the direction of the discharged air. In response to applicant's argument that the lifts taught by Misawa are used for a separate function than the lifts in the current invention, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Additionally, Zehnder explicitly teaches adjusting the direction of discharged air (vane arrangement for controlling the direction of the air discharged, column 1 lines 58-60). Therefore, a combination of Misawa and Zehnder would teach all limitations of the current invention and render its structure obvious.
Regarding the argument that the combination of Zehnder and Misawa are silent regarding a rotatable connection link, this amendment is the incorporation of the limitations of previously rejected claim 10 into claim 1. As presented in the rejection of the Non-Final Office Action mailed 10 July 2025, Zehnder teaches a rotatable connection link (rotatably supported by suitable stationary bearings, column 2 lines 42-42).
Following the above logic the rejections of claims 1-8, 11-12, 14-18, 21, and 23-24 in view of 35 U.S.C. 103 are maintained.
The 35 U.S.C. 103 rejection of claim 10 has been withdrawn due to the claim being cancelled.
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.
Claims 1, 4, 8, 11-12, 14-17, 21, and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Zehnder (US 3068775 A) in view of Misawa (JP 4109771 B2).
Regarding claim 1, Zehnder teaches a hygiene device for an entrance space (system for separating spaces, column 1 line 10), comprising: a footrest configured to be located on a bottom of an entrance space and pass air through a surface of the footrest (Figure 1 air screen “1” passes through floor grating “2”); an air management module configured to receive the air passed through the footrest to manage quality of the passing air (Figure 1 air cleaned by filter “7”); a fan assembly configured to receive the air coming out from the air management module and to generate a flow of the air (Figure 1 blower “10” drives air with motor “11”); a duct constituting a path through which air coming out from the fan assembly flows (Figure 1 air duct flow path “12”); and an air discharger configured to discharge the air flowing through the duct toward the footrest such that a direction of the discharged air is within a predetermined angle range in an entering/exiting direction of a person entering/exiting the hygiene management device (Figure 1 air discharge chamber “13” has flow directing vanes “15” that direct the air curtain “1” to the floor grating “2”), wherein the air discharger includes: a discharger frame including a bottom surface having discharge holes through which the air flowing through the duct in discharged (Figure 1 discharge chamber “13” discharges air through openings between guide vanes “15”), the air discharger is configured to move to adjust a direction of air flowing out of the discharge holes (vane arrangement for controlling the direction of the air discharged, column 1 lines 58-60) and a rotatable connection link connects the discharger frame to the duct, the rotatable connection link being relatively rotatable at opposite ends thereof, and the rotatable connection link supporting the air discharger at the duct (rotatably supported by suitable stationary bearings, column 2 lines 42-42), but does not teach but does not teach a first lift positioned at a first side of the air discharger and connected between the discharger frame and the duct; and a second lift positioned at a second side of the air discharger opposite to the first side of the air discharger in the entering/exiting direction of the person entering/exiting the hygiene management device and connected between the discharger frame and the duct. However, Misawa teaches a first lift positioned at a first side of the air discharger and connected between the discharger frame and the duct; and a second lift positioned at a second side of the air discharger opposite to the first side of the air discharger in the entering/exiting direction of the person entering/exiting the hygiene management device and connected between the discharger frame and the duct (Figure 1 lifting mechanisms “27” are disposed on opposite sides and between opening “23” and the main unit body “11”).
Zehnder and Misawa are considered analogous to the current invention because all are the field of airflow apparatuses. Therefore, it would have been obvious to combine the discharger frame configuration taught by Zehnder with the first and second lifts taught by Misawa because Misawa teaches the lifting mechanism advantageously allows for easier access to the discharger during maintenance (paragraph [0077]).
Regarding claim 4, the combination of Zehnder and Misawa teaches wherein the foot rest includes: a base plate including an introduction flow path (Figure 1 chamber “4” with slanted base contains air curtain “1” flow path, Zehnder), the introduction flow path being configured to guide the air through the surface of the footrest to the air management module (Figure 1 floor grating “2” supportively mounted to the top of chamber “4” with slanted base that guides air to filter “7”, Zehnder); a plurality of support bars seated on the base plate and constituting the surface of the footrest (Figure 1 floor grating “2”, Zehnder); an introduction slot formed between adjacent support bars among the plurality of support bars and communicating with the introduction flow path (air is sucked through the holes between the bars of floor grating, column 1 lines 70-71, Zehnder).
Regarding claim 8, the combination of Zehnder and Misawa teaches wherein the duct includes: a first duct extending vertically along a side surface of the hygiene management device and communicating with the fan assembly (Figure 1 duct “12” extends first vertically after exiting blower “10”, Zehnder); and a second duct connected to the first duct, extending horizontally and defining a top surface of the hygiene management device (Figure 1 duct “12” extends horizontally along the top side of the air curtain device, Zehnder).
Regarding claim 11, Zehnder and Misawa teaches all aspects of the current invention including a drive motor (Figure 1 vane adjustment motor “14”, Zehnder) but does not teach a first interlocking gear driven by a driving force of the drive motor and mounted rotatably within the discharger frame; a drive member mounted in the discharger frame and driven by the first interlocking gear; a second interlocking gear mounted rotatably within the discharger frame and driven by the drive member; a pinion gear driven by the second interlocking gear; and a rack guide mounted to the discharger frame and including a rack slot having a rack gear engaged with the pinion gear. However. Misawa teaches a first interlocking gear driven by a driving force of the drive motor and mounted rotatably within the discharger frame (lifting motor provided with reduction gear, paragraph [0034]) ; a drive member mounted in the discharger frame and driven by the first interlocking gear (Figure 4 motor shaft “36”); a second interlocking gear mounted rotatably within the discharger frame and driven by the drive member (Figure 4 motor gear “37”; a pinion gear driven by the second interlocking gear (Figure 4 pulley gear “38”); and a rack guide mounted to the discharger frame and including a rack slot having a rack gear engaged with the pinion gear (Figure 4 guide rollers “43”).
Zehnder and Misawa are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to further modify the air guide structure taught by Zehnder and Misawa with gear structure taught by Misawa because Misawa teaches the gear assembly advantageously provides more stability during the guide movement (paragraph [0012]).
Regarding claim 12, Zehnder teaches an air management module configured to receive air from the entrance space to manage quality of the passing air (Figure 1 air cleaned by filter “7”); a fan assembly configured to receive the air coming out from the air management module and to generate a flow of the air (Figure 1 blower “10” drives air with motor “11”); a duct constituting a path through which air coming out from the fan assembly flows (Figure 1 air duct flow path “12”); and an air discharger fluidly connected to the duct and configured to discharge the air flowing through the duct downward from a ceiling of the entrance space such that a direction of the discharged air is within a predetermined range in an entering/exiting direction of a person entering/exiting the hygiene management device (Figure 1 air discharge chamber “13” connected to duct “12” has flow directing vanes “15” that direct the air curtain “1” to the floor grating “2”), wherein the air discharger includes: a discharger frame including a bottom surface with discharge holes through which the air flowing through the duct is discharged (Figure 1 discharge chamber “13” discharges air through openings between guide vanes “15”) and a rotatable connection link connects the discharger frame to the duct, the rotatable connection link being relatively rotatable at opposite ends thereof, and the rotatable connection link supporting the air discharger at the duct (rotatably supported by suitable stationary bearings, column 2 lines 42-42), but does not teach a first lift positioned at a first side of the air discharger and connected between the discharger frame and the duct; and a second lift positioned at a second side of the air discharger opposite to the first side of the air discharger in the entering/exiting direction of the person entering/exiting the hygiene management device and connected between the discharger frame and the duct. However, Misawa teaches a first lift positioned at a first side of the air discharger and connected between the discharger frame and the duct; and a second lift positioned at a second side of the air discharger opposite to the first side of the air discharger in the entering/exiting direction of the person entering/exiting the hygiene management device and connected between the discharger frame and the duct (Figure 1 lifting mechanisms “27” are disposed on opposite sides and between opening “23” and the main unit body “11”).
Zehnder and Misawa are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to combine the discharger frame configuration taught by Zehnder with the first and second lifts taught by Misawa because Misawa teaches the lifting mechanism advantageously allows for easier access to the discharger during maintenance (paragraph [0077]).
Regarding claim 14, the combination of Zehnder and Misawa teach all aspects of the current invention including wherein the first lift is positioned at a first side of the air discharger and connected between the discharger frame and duct (Figure 1 lifting mechanism “27” is disposed on a side of the ceiling panel “22” between the opening “23” and the man unit body “11”, Misawa), wherein the second lift is positioned at a second side of the air discharger opposite to the first side of the air discharger and connected between the discharger frame and the duct (Figure 1 lifting mechanisms “27” are disposed on opposite sides and between opening “23” and the main unit body “11”, Misawa), and wherein the first lift and the second lift are configured to move to adjust a direction of air flowing out of the discharge holes (vane arrangement for controlling the direction of the air discharged, column 1 lines 58-60, Zehnder).
Regarding claim 15, Zehnder and Misawa teaches all aspects of the current invention including a drive motor (Figure 1 vane adjustment motor “14”, Zehnder) but does not teach a first interlocking gear driven by a driving force of the drive motor and mounted rotatably within the discharger frame; a drive member mounted in the discharger frame and driven by the first interlocking gear; a second interlocking gear mounted rotatably within the discharger frame and driven by the drive member; a pinion gear driven by the second interlocking gear; and a rack guide mounted to the discharger frame and including a rack slot having a rack gear engaged with the pinion gear. However. Misawa teaches a first interlocking gear driven by a driving force of the drive motor and mounted rotatably within the discharger frame (lifting motor provided with reduction gear, paragraph [0034]) ; a drive member mounted in the discharger frame and driven by the first interlocking gear (Figure 4 motor shaft “36”; a second interlocking gear mounted rotatably within the discharger frame and driven by the drive member (Figure 4 motor gear “37”; a pinion gear driven by the second interlocking gear (Figure 4 pulley gear “38”); and a rack guide mounted to the discharger frame and including a rack slot having a rack gear engaged with the pinion gear (Figure 4 guide rollers “43”).
Zehnder and Misawa are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to further modify the air guide structure taught by Zehnder and Misawa with gear structure taught by Misawa because Misawa teaches the gear assembly advantageously provides more stability during the guide movement (paragraph [0012]).
Regarding claim 16, Zehnder and Misawa teach all aspects of the current invention except wherein each of the first and the second lift includes: a drive motor; a bobbin driven by a driving force of the drive motor; and a wire including a first end portion fixed to the bobbin and a second end portion connected to the discharger frame, and wherein operation of the drive motor causes the wire to be wound onto the bobbin or to be unwound from the bobbin. However, Misawa further teaches wherein each of the first and the second lift includes: a drive motor (lifting motor, paragraph [0003]); a bobbin driven by a driving force of the drive motor (Take-up pulley driven by motor, paragraph [0008]); and a wire including a first end portion fixed to the bobbin and a second end portion connected to the discharger frame (Figure 1 wire “28” is connected to lifting mechanism “27” on one end and grill on other end “44”), and wherein operation of the drive motor causes the wire to be wound onto the bobbin or to be unwound from the bobbin (with lifting mechanism suspension wire can be wound or fed out, paragraph [0067]).
Zehnder and Misawa are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to further modify the discharger frame configuration taught by Zehnder and Misawa with the bobbin assembly taught by Misawa because Misawa teaches the lifting mechanism advantageously allows for easier access to the discharger during maintenance (paragraph [0077]).
Regarding claim 17, the combination of Zehnder and Misawa teach all aspects of the current invention including wherein each of the first lift and second lift comprises: an actuator including a piston (motor actuates switches through linkage shaft, column 3 lines 70-71, Zehnder); and a lift rod driven by the piston and protruding to an outside of the actuator, the lift rod being connected to the discharger from at an end portion of the lift rod (Figure 2 rod “16” pivots guidance vanes based on movement from linkage shaft “30”, Zehnder).
Regarding claim 21, the combination of Zehnder and Misawa teaches all aspects of the current invention as discussed above including wherein the first lift and second lift are located at an opposing edges of the discharge frame and located a central portion of the discharger frame (Figure 2 lifting mechanism “27” is centrally located on frame “21”, Misawa). While the combination of Zehnder and Misawa does not explicitly teach wherein the first lift and second lift are located in a direction perpendicular to the entering/exiting direction of the person, Misawa depicts two lifting mechanisms on opposite sides of the apparatus (Figure 1 lifting mechanisms “27”). Therefore, it would have been an obvious design choice to one of ordinary skill in the art to place the first lift and second lift in a direction perpendicular to the entering/exiting direction of the person (See MPEP 2144.04 VI (C)).
Regarding claim 23, while the combination of Zehnder and Misawa does not explicitly teach wherein the first lift is located closer to an inside door of the entrance hall than the second lift, and wherein the second lift is located closed to an outside door of the entrance hall than the first lift, it has been established that the rearrangement of parts is not sufficient to establish patentability over prior art. As established in discussion of claim 1, Misawa depicts two lifting mechanisms on opposite sides of the apparatus (Figure 1 lifting mechanisms “27”). Therefore, it would have been an obvious design choice to one of ordinary skill in the art to place the first lift closer to an inside door while placing the second and opposite lift closer to an outside door (See MPEP 2144.04 VI (C)).
Regarding claim 24, the combination of Zehnder and Misawa teaches all aspects of the current invention as discussed above including wherein the first lift is configured to be located at a lower height than the second lift (lifting controller drives lifting mechanism in way that grill can be tilted, paragraph [0057], Misawa). Because an apparatus claim covers what a device is and not what a device does, the phrase “when the person enters the entrance hall from the outside door” does not impart a structural limitation to the device. The above mapping includes all structural limitation required by the claim (See MPEP 2114 II).
Claims 2-3 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Zehnder and Misawa in view of Dombrowsky (US 10532119 B2).
Regarding claim 2, the combination of Zehnder and Misawa teaches all aspects of the current invention except wherein the footrest includes a light source configured to emit ultraviolet light to an upper side of the footrest to sterilize and/or disinfect a lower portion of the person. However, Dombrowsky teaches wherein the footrest includes a light source configured to emit ultraviolet light to an upper side of the footrest to sterilize and/or disinfect a lower portion of the person (cells first ultraviolet light upwardly through the portion of the platform to sanitize an object supported on the platform, abstract).
Zehnder and Misawa are considered analogous to the current invention as discussed above. Dombrowsky are considered analogous to the current invention because both are in the field of entrance disinfecting devices. Therefore, it would have been obvious to one of ordinary skill in the art to combine the footrest taught by Zehnder and Misawa with the ultraviolet light source taught by Dombrowsky because Dombrowsky teaches that the arrangement of UV lights in the footrest will advantageously destroy pathogens on the bottom of users footwear that might otherwise be tracked into new environments (column 1 lines 28-33 and column 4 lines 13-14).
Regarding claim 3, the combination of Zehnder Misawa, and Dombrowsky teach all aspects of the current invention including a base plate including an introduction flow path, the introduction flow path configured to guide the air through the surface of the footrest to the air management module (floor grating for circulating air to the filters, column 1 lines 23-24, Zehnder).
Regarding claim 5, the combination of Zehnder and Misawa teaches all aspects of the current invention except the base plate further includes an introduction area in which the introduction flow path and a seating area are alternately formed, the seating area being positioned higher than the introduction flow path, and wherein the footrest further includes; a substrate; and a light source provided on the substrate and configured to generate ultraviolet to sterilizing and/or disinfect a lower portion of the person. However, Dombrowsky teaches a base plate (Figure 4 housing assembly “102” with bottom housing “102b”) further includes an introduction area (Figure 4 cells “128”) in which the introduction flow path and a seating area are alternately formed (Figure 4 support ledges “112a” and “112b” are formed on either side of openings “108a” and “108b”), the seating area being positioned higher than the introduction flow path (Figure 4 openings “108a” and “108b” extend lower than ledges “112a” and “112b”), and wherein the footrest further includes: a substrate (grid of LED matrix panel is fabricated from thermoplastic resin, column 5 lines 34-32); and a light source provided on the substrate and configured to generate ultraviolet light to sterilize and/or disinfect a lower portion of the person (Figure 5 UV LED “122” disposed in grid “124” and positioned to direct light upwards).
Zehnder Misawa, and Dombrowsky are analogous to the current invention as discussed above. Therefore, it would have been obvious to combine the footrest taught by Zehnder and Misawa with the UV light configuration taught by Dombrowsky because Dombrowsky teaches that this configuration advantageously prevents UVC light scattering in directions other than directly upward (column 5 lines 58-60).
Regarding claim 6, the combination of Zehnder, Misawa, and Dombrowsky teaches all aspects of the current invention except wherein the footrest further includes a light transmission member located in a gap between adjacent support bars, the light transmission member being configured to transmit the ultraviolet light generated by the light source to an upper side of the foot rest, and wherein the light transmission member extends along the seating area. However, Dombrowsky further teaches a light transmission member located in a gap between adjacent support bars (Figure 3 plates “106a” and “106b” disposed in the support frame “104”), the light transmission member being configured to transmit the ultraviolet light generated by the light source to an upper side of the foot rest (formed from material that is permissible to UVC light, column 4 lines 5-6), and wherein the light transmission member extends along the seating area (Figure 4 plates “106a” and “106b” extend along foot rest).
Zehnder, Misawa and Dombrowsky are analogous to the current invention as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art to further modify the footrest taught by Zehnder, Misawa and Dombrowsky with the light transmission member taught by Dombrowsky teaches the plates advantageously allow the UVC light to pass interrupted through the light transmission plate and contact the bottom surface supported by the plate (column 8 lines 16-19).
Claims 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zehnder and Misawa in view of Lee (US 11083815 B1).
Regarding claim 7, the combination of Zehnder and Misawa teach teaches all aspects of the current invention except a function module mounted to an upper portion of the air management module, the function module being an enclosure configured to remove dust and/or sterilize objects stored in the function module. However, Lee teaches a function module mounted to an upper portion of the air management module (Figure 2 compartment “141”), the function module being an enclosure configured to remove dust and/or sterilize objects stored in the function module (Figure 2 compartment “141” contains hand sanitizer unit to sanitize hands in compartment).
Zehnder and Misawa are considered analogous to the current invention as discussed above. Lee is considered analogous to the current invention because both are in the field of entrance disinfecting devices. While Lee does not explicitly state that the function module is mounted to the upper portion of the air management module, the rearrangement of parts will not constitute patentable subject matter (See MPEP VI (C)). Therefore, it would have been obvious to combine the hygiene management apparatus taught by Zehnder and Misawa with the hand sanitizing compartment taught by Lee because Lee teaches the combination of hand sanitizer and air shower increases sanitization effectiveness (column 2 lines 17-20).
Regarding claim 18, the combination of Zehnder and Misawa teach teaches all aspects of the current invention except a function module mounted to an upper portion of the air management module, the function module being an enclosure configured to remove dust and/or sterilize objects stored in the function module. However, Lee teaches a function module mounted to an upper portion of the air management module (Figure 2 compartment “141”), the function module being an enclosure configured to remove dust and/or sterilize objects stored in the function module (Figure 2 compartment “141” contains hand sanitizer unit to sanitize hands in compartment).
Zehnder, Misawa, and Lee are considered analogous to the current invention as discussed above. While Lee does not explicitly state that the function module is mounted to the upper portion of the air management module, the rearrangement of parts will not constitute patentable subject matter (See MPEP VI (C)). Therefore, it would have been obvious to combine the hygiene management apparatus taught by Zehnder and Misawa with the hand sanitizing compartment taught by Lee because Lee teaches the combination of hand sanitizer and air shower increases sanitization effectiveness (column 2 lines 17-20).
Conclusion
THIS ACTION IS MADE FINAL. 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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/K.R.S./Examiner, Art Unit 1799
/DONALD R SPAMER/Primary Examiner, Art Unit 1799