DETAILED ACTION
Response to Amendment
This Office Action is responsive to the Amendment filed 18 May 2026. Claims 1-20 are now pending. The examiner acknowledges the amendments to claims 7, 17, 18.
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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
- Claims 1, 5, 7, 11, 13, 15, 17 recite “a first airflow generator”, “a second airflow generator” and “a third airflow generator” (“generator” being a generic placeholder). There is no sufficient structure for this limitation provided in the claims. The function of this limitation is to draw first and second ambient air into the airflow passage, and dissipate heat from the electromagnetic valve and discharging heat. According to the specification the first, second and third airflow generators includes fans [0020] and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (WO 0211523) in view of Lewis (U.S. 20080060586).
Regarding Claim 1, Jang teaches an air adjusting device comprising: a casing disposed on an enclosed chamber [Fig. 16a-c, element 130 (housing/casing), 133 and 135 (first and second chambers/enclosed chamber)]; a hood disposed in the casing [Fig. 16a-c, element 139c (protection cover/hood)] and [Pg. 23, lines 21-25]—which describes the airflow rate control unit as part of the upper portion of the housing which includes the protection cover as part of the airflow rate control unit, the hood having a wind inlet [Fig. 16a-c, element 139a (air inlet hole/wind inlet)]; a first airflow generator disposed in the casing and connected to the hood [Fig. 16a-c, element 150 (air suction fan/first airflow generator)] and [Pg. 23, lines 21-31]; a tunnel disposed in the casing and connected to the first airflow generator [Fig. 16a-c, element 139 (airflow rate control unit) and 137 (air supply duct/tunnel)], the tunnel having a wind outlet [Pg. 24, line 2; “A HEP A-filter 155 is arranged at the outlet of the air suction fan 150.”], an airflow passage being formed by the hood [Pg. 23, lines 21-27; “An airflow…for guiding atmospheric air into the first chamber…139a.”], the first airflow generator and the tunnel [Fig. 16a-c, element 11 (air supply means)] and [Pg. 23, lines 5-12]—describes the air supply means being formed by the housing, covering, chambers, fan and inlet filters, the airflow passage being isolated from an internal space of the casing [Pg. 24, lines 4-6; “The primarily filtered air from the pre-filter 152 passes through the air 5 suction fan 150, and is secondarily filtered by the HEPA-filter 155 prior to being fed to the cages 1 through the vertical air supply tube 12.”], such that an inside of the enclosed chamber is isolated from an outside of the enclosed chamber [Pg. 29, lines 3-15], [Pg. 23, lines 14-18] and [Pg. 15, lines 18-21]; and an air conditioner, at least one part of the air conditioner being disposed in the wind inlet [Pg. 22, lines 23-25]; Jang is silent on wherein the first airflow generator draws a first ambient air into the airflow passage from the wind inlet, and a temperature of the first ambient air is adjusted by the air conditioner and discharged from the wind outlet through the airflow passage. Lewis teaches wherein the first airflow generator draws a first ambient air into the airflow passage from the wind inlet, and a temperature of the first ambient air is adjusted by the air conditioner and discharged from the wind outlet through the airflow passage [0029; “The heated air then flows to the exhaust air vent 915 where it may, for example, exit the portable AC unit 900. The cooled air flows to the exhaust duct 930 where an air diffuser or cushion maybe coupled to further direct the conditioned air.”]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a means for air exchange via inlet and outlets as taught by Lewis to exhaust and discharge contaminated air as suggested by Jang, as Jang discusses discharging air due to respiration and excretion of animals from the cages to the atmosphere [Pg. 25, lines 27-29] with Lewis because Lewis teaches drawing in ambient air through the intake duct and bringing it past a module that is capable of heating/cooling it [0029].
Regarding Claim 11, Jang teaches an organism care system comprising: an enclosed chamber [Fig. 16a-c, elements 133 and 135 (first and second chambers/enclosed chamber)]; and an air adjusting device comprising: a casing disposed on the enclosed chamber [Fig. 16a-c, element 130 (housing/casing), 133 and 135 (first and second chambers/enclosed chamber)]; a hood disposed in the casing [Fig. 16a-c, element 139c (protection cover/hood)] and [Pg. 23, lines 21-25]—which describes the airflow rate control unit as part of the upper portion of the housing which includes the protection cover as part of the airflow rate control unit, the hood having a wind inlet [Fig. 16a-c, element 139a (air inlet hole/wind inlet)], the wind inlet being located inside the enclosed chamber [Pg. 23, lines 21-27; “An airflow…for guiding atmospheric air into the first chamber…139a.”]; a first airflow generator disposed in the casing and connected to the hood [Fig. 16a-c, element 150 (air suction fan/first airflow generator)] and [Pg. 23, lines 21-31]; a tunnel disposed in the casing and connected to the first airflow generator [Fig. 16a-c, element 139 (airflow rate control unit) and 137 (air supply duct/tunnel)], the tunnel having a wind outlet [Pg. 24, line 2; “A HEPA-filter 155 is arranged at the outlet of the air suction fan 150.”], the wind outlet being located inside the enclosed chamber [Fig. 16a-c, element 155 (HEPA-filter arranged at outlet of air suction fan) 133 (first chamber)], an airflow passage being formed by the hood [Pg. 23, lines 21-27; “An airflow…for guiding atmospheric air into the first chamber…139a.”], the first airflow generator and the tunnel [Fig. 16a, element 11 (air supply means)] and [Pg. 23, lines 5-12]—describes the air supply means being formed by the housing, covering, chambers, fan and inlet filters, the airflow passage being isolated from an internal space of the casing [Pg. 24, lines 4-6; “The primarily filtered air from the pre-filter 152 passes through the air 5 suction fan 150, and is secondarily filtered by the HEPA-filter 155 prior to being fed to the cages 1 through the vertical air supply tube 12.”] such that an inside of the enclosed chamber is isolated from an outside of the enclosed chamber [Pg. 29, lines 3-15], [Pg. 23, lines 14-18] and [Pg. 15, lines 18-21]; and an air conditioner, at least one part of the air conditioner being disposed in the wind inlet [Pg. 22, lines 23-25]; Jang is silent on wherein the first airflow generator draws a first ambient air inside the enclosed chamber into the airflow passage from the wind inlet, and a temperature of the first ambient air is adjusted by the air conditioner and discharged to the inside of the enclosed chamber from the wind outlet through the airflow passage. Lewis teaches wherein the first airflow generator draws a first ambient air inside the enclosed chamber into the airflow passage from the wind inlet [0029], and a temperature of the first ambient air is adjusted by the air conditioner and discharged to the inside of the enclosed chamber from the wind outlet through the airflow passage [0029; “The heated air then flows to the exhaust air vent 915 where it may, for example, exit the portable AC unit 900. The cooled air flows to the exhaust duct 930 where an air diffuser or cushion maybe coupled to further direct the conditioned air.”]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a means for air exchange via inlet and outlets as taught by Lewis to allow for air parameter adjustment as suggested by Jang, as Jang discusses forcibly supplying fresh, clean, aseptic air to the animals [Pg. 9, lines 19-20] with Lewis because Lewis teaches drawing in ambient air through the intake duct and bringing it past a module that is capable of heating/cooling it [0029].
Claim(s) 2, 6, 8, 9, 10, 12, 16, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (WO 0211523) in view of Lewis (U.S. 20080060586) and in further view of Cahill-Obrien (U.S. 5457963).
Regarding Claim 2, Jang and Lewis are silent on wherein the casing has a first air inlet and a first air outlet, and the air adjusting device further comprises: an oxygen detector disposed in the casing; and a first air drawing motor disposed in the casing and connected to the oxygen detector, the first air drawing motor drawing the first ambient air into the oxygen detector from the first air inlet and discharging the first ambient air from the first air outlet, the oxygen detector sensing an oxygen concentration of the first ambient air. Cahill-Obrien teaches wherein the casing has a first air inlet and a first air outlet [Fig. 4, elements 46 and 58], and the air adjusting device further comprises: an oxygen detector disposed in the casing [Fig. 4, element 110]; and a first air drawing motor disposed in the casing and connected to the oxygen detector [Fig. 4, element 30] and [Col 5, lines 55-58] and [Col 7, lines 12-13], the first air drawing motor drawing the first ambient air into the oxygen detector from the first air inlet and discharging the first ambient air from the first air outlet [Col 5, 48-55], the oxygen detector sensing an oxygen concentration of the first ambient air [Col 12, lines 20-26].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an oxygen detector to sense an oxygen concentration of first ambient air and a first air drawing motor to draw in ambient air as taught by Cahill-Obrien to control temperature as suggested by Jang and Lewis, as Jang discusses the use of filters to control CO2 gas and ammonia gas [Pg. 30, lines 26-29] and Lewis which discloses means for temperature control within the housing [0036] with Cahill-Obrien because Cahill-Obrien teaches temperature control components such as a heater that responds to sensor inputs [Col 6, lines 27-33].
Regarding Claim 6, Jang and Lewis are silent on further comprising an electromagnetic valve disposed in the casing, the casing further having an oxygen output hole, the oxygen output hole communicating with the electromagnetic valve. Cahill-Obrien teaches further comprising an electromagnetic valve disposed in the casing [Fig. 4, element 104], the casing further having an oxygen output hole, the oxygen output hole communicating with the electromagnetic valve [Col 6, lines 58-65].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an oxygen output hole that communicates with an electromagnetic valve as taught by Cahill-Obrien to prevent pets exposed to excessively high environmental temperatures as suggested by Jang and Lewis, as Jang discusses the use of an air conditioning unit to accomplish air circulation [Pg. 32, lines 3-7] and Lewis which discloses a means for temperature control within the housing [0036] with Cahill-Obrien because Cahill-Obrien teaches the use of the valve systems to ensure high purity, low flow conditions [Col 7, lines 5-10].
Regarding Claim 8, Jang and Lewis are silent on wherein the casing further has an oxygen output hole and an oxygen input hole connected to an oxygen generating device, and oxygen generated by the oxygen generating device is output from the oxygen output hole via the oxygen input hole. Cahill-Obrien teaches wherein the casing further has an oxygen output hole and an oxygen input hole connected to an oxygen generating device [Fig. 4, elements 58 (oxygen output hole), 46 (oxygen input hole)], and oxygen generated by the oxygen generating device is output from the oxygen output hole via the oxygen input hole [Col 4, lines 35-39].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the oxygen inlet to an oxygen generating device as taught by Cahill-Obrien to allow the system to accept and exhaust airflow as suggested by Jang and Lewis, as Jang discloses air supply and exhaust to prevent animal disease or death by maintaining desirable environments [Pg. 32, lines 1-7] and Lewis which discusses the system having an inlet duct and an outlet opening to provide conditioned air [0003] with Cahill-Obrien because Cahill-Obrien teaches the air intake and exhaust components that prevent the compressor from reaching an unsafe temperature [Col 5, lines 48-58].
Regarding Claim 9, Jang and Lewis are silent on wherein the hood has a water discharging hole, the air adjusting device further comprises a curved water pipe connected to the water discharging hole, the curved water pipe has a plurality of curved portions, the plurality of curved portions are connected to each other, and two adjacent curved portions are curved in opposite directions. Cahill-Obrien teaches wherein the hood has a water discharging hole [Fig. 4, element 84], the air adjusting device further comprises a curved water pipe connected to the water discharging hole [Fig. 4, element 81], the curved water pipe has a plurality of curved portions [Col 5, lines 59-63], the plurality of curved portions are connected to each other, and two adjacent curved portions are curved in opposite directions [Figure 4, element 81]. This embodiment depicts the tortuously shaped coil depicting a winding shape where the U bends are shown to be opposite one another.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to vary the shape and orientations of the curved water pipes as taught by Cahill-Obrien to direct conditioned air as suggested by Jang and Lewis, as Jang discloses incorporating a plurality of air supply tubes to communicate with the outlet of the air supply means [Pg. 12, lines 11-27] and Lewis which discusses the system having hollow tube design to direct conditioned air to a desired location and allow for connection with other elements [0030] with Cahill-Obrien because Cahill-Obrien teaches the use of the tortuous design to cool the high pressure high temperature air and to condense moisture contained to a liquid state [Col 5, lines 59-63].
Regarding Claim 10, Jang and Lewis are silent on further comprising: a temperature sensor disposed at the wind inlet; and a display panel disposed on the casing, the display panel displaying at least one parameter of the first ambient air. Cahill-Obrien teaches further comprising: a temperature sensor disposed at the wind inlet [Fig. 4, element 157]; and a display panel disposed on the casing [Fig. 8, element 170], the display panel displaying at least one parameter of the first ambient air [Col 7, lines 19-21].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a temperature sensor and display panel to display parameters of the first ambient air as taught by Cahill-Obrien to protect pets from excessive temperature extremes as suggested by Jang and Lewis, as Jang discusses maintaining a desired agreeable environment of cages [Pg. 32, lines 6-7] and Lewis which discusses the need to store pet kennels in areas with limited temperature control [0002] with Cahill-Obrien because Cahill-Obrien teaches a display to convey information to the operatory [Col 9, lines 4-6].
Regarding Claim 12, Jang and Lewis are silent on wherein the casing has a first air inlet and a first air outlet, the first air inlet and the first air outlet are located inside the enclosed chamber, and the air adjusting device further comprises: an oxygen detector disposed in the casing; and a first air drawing motor disposed in the casing and connected to the oxygen detector, the first air drawing motor drawing the first ambient air into the oxygen detector from the first air inlet and discharging the first ambient air to the inside of the enclosed chamber from the first air outlet, the oxygen detector sensing an oxygen concentration of the first ambient air. Cahill-Obrien teaches wherein the casing has a first air inlet and a first air outlet [Fig. 4, elements 46 (first air inlet) and 58 (first air outlet)], the first air inlet and the first air outlet are located inside the enclosed chamber [Col 5, lines 34-38] and [Fig. 4, elements 46 and 58] Because the evaporator section, 70, shares the same environment as the enclosed chamber, 68, and due to the emphasis of the application on maintaining environmental conditions in an enclosed space, the wind inlet and outlet, 46 and 58, respectively, are interpreted to be located inside the chamber because they share a contiguous environment, and the air adjusting device further comprises: an oxygen detector disposed in the casing [Fig. 4, element 110]; and a first air drawing motor disposed in the casing and connected to the oxygen detector [Fig. 4, element 30] and [Col 7, lines 12-13], the first air drawing motor drawing the first ambient air into the oxygen detector from the first air inlet and discharging the first ambient air to the inside of the enclosed chamber from the first air outlet [Col 5, lines 48-55], the oxygen detector sensing an oxygen concentration of the first ambient air [Col 12, lines 20-26].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an oxygen detector to sense an oxygen concentration of first ambient air and a first air drawing motor to draw in ambient air as taught by Cahill-Obrien to control temperature as suggested by Jang and Lewis, as Jang discusses the use of filters to control CO2 gas and ammonia gas [Pg. 30, lines 26-29] and Lewis which discloses means for temperature control within the housing [0036] with Cahill-Obrien because Cahill-Obrien teaches temperature control components such as a heater that responds to sensor inputs [Col 6, lines 27-33].
Regarding Claim 16, Jang and Lewis are silent on wherein the air adjusting device further comprises an electromagnetic valve disposed in the casing, the casing further has an oxygen output hole, and the oxygen output hole communicates with the electromagnetic valve. Cahill-Obrien teaches wherein the air adjusting device further comprises an electromagnetic valve disposed in the casing [Fig. 4, element 104], the casing further has an oxygen output hole, and the oxygen output hole communicates with the electromagnetic valve [Col 6, lines 58-65].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an oxygen output hole that communicates with an electromagnetic valve as taught by Cahill-Obrien to prevent pets exposed to excessively high environmental temperatures as suggested by Jang and Lewis, as Jang discusses the use of an air conditioning unit to accomplish air circulation [Pg. 32, lines 3-7] and Lewis which discloses a means for temperature control within the housing [0036] with Cahill-Obrien because Cahill-Obrien teaches the use of the valve systems to ensure high purity, low flow conditions [Col 7, lines 5-10].
Regarding Claim 18, Jang and Lewis are silent on wherein the casing further has an oxygen output hole and an oxygen input hole, the oxygen output hole is located inside the enclosed chamber, the oxygen input hole is located outside the enclosed chamber, the oxygen input hole is connected to an oxygen generating device, and oxygen generated by the oxygen generating device is output to the inside of the enclosed chamber from the oxygen output hole via the oxygen input hole. Cahill-Obrien teaches wherein the casing further has an oxygen output hole and an oxygen input hole [Fig. 4, elements 58 and 46], the oxygen output hole is located inside the enclosed chamber [Fig. 4, element 58], the oxygen input hole is located outside the enclosed chamber [Fig. 4, element 46], In this interpretation, hole 46 is located on the boundary of the enclosed chamber and the condenser section, the oxygen input hole is connected to an oxygen generating device [Fig. 4, element 36], and oxygen generated by the oxygen generating device is output to the inside of the enclosed chamber from the oxygen output hole via the oxygen input hole [Col 4, lines 35-39].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the oxygen inlet to an oxygen generating device as taught by Cahill-Obrien to allow the system to accept and exhaust airflow as suggested by Jang and Lewis, as Jang discloses air supply and exhaust to prevent animal disease or death by maintaining desirable environments [Pg. 32, lines 1-7] and Lewis which discusses the system having an inlet duct and an outlet opening to provide conditioned air [0003] with Cahill-Obrien because Cahill-Obrien teaches the air intake and exhaust components that prevent the compressor from reaching an unsafe temperature [Col 5, lines 48-58].
Regarding Claim 19, Jang and Lewis are silent on wherein the hood has a water discharging hole, the air adjusting device further comprises a curved water pipe connected to the water discharging hole, the curved water pipe has a plurality of curved portions, the plurality of curved portions are connected to each other, and two adjacent curved portions are curved in opposite directions. Cahill-Obrien teaches wherein the hood has a water discharging hole [Fig. 4, element 84], the air adjusting device further comprises a curved water pipe connected to the water discharging hole [Fig. 4, element 81], the curved water pipe has a plurality of curved portions [Col 5, lines 59-63], the plurality of curved portions are connected to each other, and two adjacent curved portions are curved in opposite directions [Fig. 4, element 81] This embodiment depicts the tortuously shaped coil depicting a winding shape where the U bends are shown to be opposite one another.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to vary the shape and orientations of the curved water pipes as taught by Cahill-Obrien to direct conditioned air as suggested by Jang and Lewis, as Jang discloses incorporating a plurality of air supply tubes to communicate with the outlet of the air supply means [Pg. 12, lines 11-27] and Lewis which discusses the system having hollow tube design to direct conditioned air to a desired location and allow for connection with other elements [0030] with Cahill-Obrien because Cahill-Obrien teaches the use of the tortuous design to cool the high pressure high temperature air and to condense moisture contained to a liquid state [Col 5, lines 59-63].
Claim(s) 3, 7, 13, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (WO 0211523) in view of Lewis (U.S. 20080060586) in further view of Cahill-Obrien (U.S. 5457963) and in even further view of Delagrammatikas (U.S. 20110023789).
Regarding Claim 3, Jang and Lewis are silent on wherein the casing has an air drawing hole and an air discharging hole and wherein when the oxygen concentration is higher than a first predetermined value. Cahill-Obrien teaches wherein the casing has an air drawing hole and an air discharging hole [Fig. 13, valve A and B] and [Col 11, lines 38-46], and wherein when the oxygen concentration is higher than a first predetermined value [Col 11, lines 16-21].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an air drawing and discharging hole and for these aspects of the invention to have an effect on oxygen concentration as taught by Cahill-Obrien to draw and discharge air as suggested by Jang and Lewis, as Jang discusses the use of filters to control CO2 gas and ammonia gas [Pg. 30, lines 26-29] and Lewis which discloses means for temperature control within the housing [0003] with Cahill-Obrien because Cahill-Obrien teaches operating flow control to achieve setpoint oxygen levels [Abstract].
Jang, Lewis and Cahill-Obrien are silent on and the air adjusting device further comprises: a second airflow generator disposed in the casing, the second airflow generator draws a second ambient air into the air drawing hole and discharges the second ambient air from the air discharging hole, such that the second ambient air is mixed with the first ambient air. Delagrammatikas teaches and the air adjusting device further comprises: a second airflow generator disposed in the casing [Fig. 6, element 619], the second airflow generator draws a second ambient air into the air drawing hole and discharges the second ambient air from the air discharging hole [0079], such that the second ambient air is mixed with the first ambient air [0078].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a second airflow generator to draw a second ambient air into the air drawing hole and discharges the second ambient air to mix with the first ambient air as taught by Delagrammatikas to create a combined refrigeration/controlled atmosphere unit as suggested by Jang, Lewis and Cahill-Obrien, as Jang discusses the use of air suction and air exhaust fans [Pgs. 7-8, lines 5-6, and 31-1] and Lewis which discloses means for temperature control within the housing [0036] and Cahill-Obrien which discusses the combination of environments of the evaporator and container unit [Col 5, lines 34-38] with Delagrammatikas because Delagrammatikas teaches varying the amount of fans and inlets/outlets ("chimney(s)") to achieve maximum circulation and homogeneity of gases within the environment [0073].
Regarding Claim 7, Jang, Lewis and Cahill-Obrien are silent on wherein the casing has a heat dissipating hole, and the air adjusting device further comprises: an additional airflow generator disposed in the casing with respect to the electromagnetic valve, the additional airflow generator dissipating heat from the electromagnetic valve and discharging the heat from the heat dissipating hole. Delagrammatikas teaches wherein the casing has a heat dissipating hole [0075], and the air adjusting device further comprises: an additional airflow generator disposed in the casing with respect to the electromagnetic valve [Fig. 6, elements 614, 617, 619 or 122] and [0083], the additional airflow generator dissipating heat from the electromagnetic valve and discharging the heat from the heat dissipating hole [0079] and [0088].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include another airflow generator, and heat dissipating hole that dissipates heat from the electromagnetic valve as taught by Delagrammatikas to remove residue built up in the filter or remove the filter itself as suggested by Jang, Lewis and Cahill-Obrien, as Jang teaches the use of a pre-filter to expand the life span of the expensive HEPA filter [Pg. 24, lines 10-12] and Lewis which teaches an easily replaceable filter [0029] and Cahill-Obrien which discusses the use of the controller to operate drain solenoid valves to remove this excess buildup [Col 6, lines 12-17] with Delagrammatikas because Delagrammatikas teaches the concept of gas pockets and inhomogeneous scenarios that are not advantageous for these types of environmental control systems [0018].
Regarding Claim 13, Jang and Lewis are silent on wherein the casing has an air drawing hole and an air discharging hole, the air drawing hole is located outside the enclosed chamber, the air discharging hole is located inside the enclosed chamber. Cahill-Obrien teaches wherein the casing has an air drawing hole and an air discharging hole [Fig. 13, valve A and B] and [Col 11, lines 38-46], the air drawing hole is located outside the enclosed chamber [Fig. 4, element A], the air discharging hole is located inside the enclosed chamber [Fig. 4, element B], wherein when the oxygen concentration is higher than a first predetermined value, [Col 11, lines 16-21].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an air drawing and discharging hole and for these aspects of the invention to have an effect on oxygen concentration as taught by Cahill-Obrien to draw and discharge air as suggested by Jang and Lewis, as Jang discusses the use of filters to control CO2 gas and ammonia gas [Pg. 30, lines 26-29] and Lewis which discloses means for temperature control within the housing [0003] with Cahill-Obrien because Cahill-Obrien teaches operating flow control to achieve setpoint oxygen levels [Abstract].
Jang, Lewis and Cahill-Obrien are silent on and the air adjusting device further comprises: a second airflow generator disposed in the casing, the second airflow generator draws a second ambient air outside the enclosed chamber into the air drawing hole and discharges the second ambient air to the inside of the enclosed chamber from the air discharging hole, such that the second ambient air is mixed with the first ambient air. Delagrammatikas teaches and the air adjusting device further comprises: a second airflow generator disposed in the casing [Fig. 6, element 619], the second airflow generator draws a second ambient air outside the enclosed chamber into the air drawing hole and discharges the second ambient air to the inside of the enclosed chamber from the air discharging hole [0079], such that the second ambient air is mixed with the first ambient air [0078].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a second airflow generator to draw a second ambient air into the air drawing hole and discharges the second ambient air to mix with the first ambient air as taught by Delagrammatikas to create a combined refrigeration/controlled atmosphere unit as suggested by Jang, Lewis and Cahill-Obrien, as Jang discusses the use of air suction and air exhaust fans [Pgs. 7-8, lines 5-6, and 31-1] and Lewis which discloses means for temperature control within the housing [0036] and Cahill-Obrien which discusses the combination of environments of the evaporator and container unit [Col 5, lines 34-38] with Delagrammatikas because Delagrammatikas teaches varying the amount of fans and inlets/outlets ("chimney(s)") to achieve maximum circulation and homogeneity of gases within the environment [0073].
Regarding Claim 17, Jang, Lewis and Cahill-Obrien are silent on wherein the casing has a heat dissipating hole, the heat dissipating hole is located outside the enclosed chamber, and the air adjusting device further comprises: an additional airflow generator disposed in the casing with respect to the electromagnetic valve, the additional airflow generator dissipating heat from the electromagnetic valve and discharging the heat to the outside of the enclosed chamber from the heat dissipating hole. Delagrammatikas teaches wherein the casing has a heat dissipating hole [0075], the heat dissipating hole is located outside the enclosed chamber [Fig. 1, elements 116, 102, 104]. In the described embodiment, the holes, 116, are located on the lid, 102, which is separate from the enclosed chamber, 104, and the air adjusting device further comprises: an additional airflow generator disposed in the casing with respect to the electromagnetic valve [Figure 6, element 614, 617 and 619 or 122] and [0083], the additional airflow generator dissipating heat from the electromagnetic valve and discharging the heat to the outside of the enclosed chamber from the heat dissipating hole [0079 and 0088].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include another airflow generator, and heat dissipating hole that dissipates heat from the electromagnetic valve as taught by Delagrammatikas to remove residue built up in the filter or remove the filter itself as suggested by Jang, Lewis and Cahill-Obrien, as Jang teaches the use of a pre-filter to expand the life span of the expensive HEPA filter [Pg. 24, lines 10-12] and Lewis which teaches an easily replaceable filter [0029] and Cahill-Obrien which discusses the use of the controller to operate drain solenoid valves to remove this excess buildup [Col 6, lines 12-17] with Delagrammatikas because Delagrammatikas teaches the concept of gas pockets and inhomogeneous scenarios that are not advantageous for these types of environmental control systems [0018].
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (WO 0211523) in view of Lewis (U.S. 20080060586) and in further view of Grabell (U.S. 20170013810).
Regarding Claim 20, Jang and Lewis are silent on wherein the air adjusting device further comprises a plurality of fixing brackets disposed at a periphery of the casing and fixed to the enclosed chamber, the enclosed chamber comprises a movable door, and the casing is disposed on the movable door. Grabell teaches wherein the air adjusting device further comprises a plurality of fixing brackets disposed at a periphery of the casing and fixed to the enclosed chamber [0168], the enclosed chamber comprises a movable door [0153], and the casing is disposed on the movable door [0153].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include mounting brackets and a moveable door as taught by Grabell to prevent heat exchange as taught by Jang and Lewis, as Jang discloses the use of brackets to support air exchange equipment such as filters to the unit [Pg. 6, lines 18-22] and Lewis which discusses preventing heat exchange between the animal enclosure and surroundings [Abstract] with Grabell because Grabell teaches an indoor environmentally controlled system for fish and plant growth [0008].
Allowable Subject Matter
Claims 4, 5, 14, and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: regarding Claims 4-5, while the prior art teaches “wherein the casing has a carbon dioxide sensing hole, a second air inlet and a second air outlet, and the air adjusting device further comprises: a carbon dioxide detector disposed in the casing with respect to the carbon dioxide sensing hole, the carbon dioxide detector sensing a carbon dioxide concentration of the first ambient air; a carbon dioxide absorbing box disposed at a side of the casing, the carbon dioxide absorbing box containing soda lime; and a second air drawing motor disposed in the casing and connected to the carbon dioxide absorbing box,” the prior art of record does not teach or fairly suggest “wherein when the carbon dioxide concentration is higher than a second predetermined value, the second air drawing motor draws the first ambient air into the carbon dioxide absorbing box from the second air inlet, the soda lime absorbs carbon dioxide of the first ambient air, and the first ambient air is discharged from the second air outlet.” Claim 5 depends from claim 4 and is allowable for the same rationale as claim 4.
Regarding Claims 14-15, while the prior art teaches “wherein the casing has a carbon dioxide sensing hole, a second air inlet and a second air outlet, the carbon dioxide sensing hole, the second air inlet and the second air outlet are located inside the enclosed chamber, and the air adjusting device further comprises: a carbon dioxide detector disposed in the casing with respect to the carbon dioxide sensing hole, the carbon dioxide detector sensing a carbon dioxide concentration of the first ambient air; a carbon dioxide absorbing box disposed at a side of the casing and located outside the enclosed chamber, the carbon dioxide absorbing box containing soda lime; and a second air drawing motor disposed in the casing and connected to the carbon dioxide absorbing box,” the prior art of record does not teach or fairly suggest “wherein when the carbon dioxide concentration is higher than a second predetermined value, the second air drawing motor draws the first ambient air into the carbon dioxide absorbing box from the second air inlet, the soda lime absorbs carbon dioxide of the first ambient air, and the first ambient air is discharged to the inside of the enclosed chamber from the second air outlet.” Claim 15 depends from claim 14 and is allowable for the same rationale as claim 14.
Prior Art Lewis (U.S. 20080060586) teaches the kennel structure of the independent base claim including the enclosure that includes portability features as well as air regulation for the animal within the enclosure and isolation environments to prevent heat exchange between the enclosure and surroundings. This reference does not include carbon dioxide control and regulation nor soda lime absorption features as included in the claimed subject matter of claims 4-5 and 14-15
Prior Art Cahill-Obrien (U.S. 5457963) discloses the use of a refrigerated container with oxygen and carbon dioxide sensing capabilities including the carbon dioxide sensing hole, inlet/outlets, and sensors that detect carbon dioxide concentration of first ambient air. While this reference contains references to comparison of carbon dioxide concentration setpoints, a second predetermined setpoint is not explicitly referenced especially for that of ambient air as directly claimed.
Prior Art Heidbrink (U.S. 2550810) includes reference to the use of a soda lime absorbing box and secondary air drawing motors. The differentiation between first and secondary inlet and outlets becomes unapparent as specifically claimed because while Heidbrink includes reference to a large distribution of discharge openings, this would not necessarily include discharge of the first ambient air through a second air outlet in coordination with the second air drawing motor drawing in first ambient air into the carbon dioxide absorbing box from the second air inlet.
Prior Art Jang (WO 0211523) teaches limitations involving the independent base claim but does not disclose any relationship to carbon dioxide sensing and absorption. While the reference discloses carbon filtering capabilities which are used for similar purposes to remove contaminants such as ammonia from animal waste generation, the reference does not address carbon dioxide specifically.
Prior Art Delagrammatikas (U.S. 20110023789) discloses delivery of carbon dioxide and other air components to an animal storage container for environmental variance and control capabilities. The monitoring and control capabilities are similar to that of the claimed subject matter but does not possess the necessary structure as claimed including the absorption box, first and secondary inlets/outlets and motors.
Response to Arguments
Applicant's arguments filed 18 May 2026 with respect to the claim objections have been fully considered and are persuasive in light of the amendments.
Applicant's arguments filed 18 May 2026 with respect to 35 U.S.C. 112(b)
rejections have been fully considered and are persuasive in light of the amendments.
Applicant’s arguments filed 18 May 2026 with respect to the rejection of
claims 1 and 11 under 35 U.S.C.103 have been fully considered and are persuasive,
however, new rejections are presented above for claims 1-11 citing Jang in view of Lewis with clarifying references presented in the body of the rejection and discussed further below. Regarding claims 1 and 11, applicant contends that Jang does not teach:
-“hood disposed in the casing, the hood having a wind inlet”,
-“a first airflow generator connected to the hood”,
-“tunnel disposed in the casing and connected to the first airflow generator”,
"the airflow passage being isolated from an internal space of the casing, such that an inside of the enclosed chamber is isolated from an outside of the enclosed chamber", and
-Jang and Lewis do not encompass analogous art.
In response to argument 1. The examiner has provided modification of the rejection and clarified that the hood and wind inlet include the protection cover and air inlet hole rather than the checking cover as previously presented.
In response to argument 2. The examiner has provided modification of the rejection and clarified that the airflow generator, interpreted as the suction fan (element 150) is connected to the hood via the air inlet hole (element 139a) which was previously presented as being integrated in the hood as shown previously and embodied in Fig. 16b.
In response to argument 3. The examiner presents reference to Figs. 16a-c, specifically Fig. 16b which depicts the connection between the first airflow generator and the chambers where the tunnel includes the connecting passage shown between elements 150 and 155 as described in the referenced text and the air supply duct (element 137) that connects the described components.
In response to argument 4. The examiner has modified the body of the rejection to include reference to the air supply duct and previously cited text that describes isolation of the system from the outside [Pg. 15] including the separation of filtered air [Pgs. 24 and 29] that include reference to filtered air being routed through the air supply duct and fed to the system to prevent impurities and bacteria.
In response to argument 5., the claims as written include “an air adjusting device” (claim 1) and “an organism care system” (claim 11). Therefore the examiner does not find this argument related to analogous art persuasive because the systems referenced in the prior art of record include a cage for breeding animals (Jang et al.) with an individually ventilated system and a portable device for animal health and wellbeing with cooling/heating means (Lewis et al.) which fall under the designation of both an organism care system and an air adjusting device as claimed.
Conclusion
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/B.N.K./Examiner, Art Unit 3791
/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791
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