Prosecution Insights
Last updated: October 04, 2026
Application No. 17/675,528

LABORATORY DEVICE WITH LOW PARTICLE EMISSION

Non-Final OA §103
Filed
Feb 18, 2022
Priority
Apr 09, 2021 — DE 10 2021 108 910.7 +1 more
Examiner
LOPEZLIRA, ASHLEY NICOLE
Art Unit
1799
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Thermo Electron LED GmbH
OA Round
5 (Non-Final)
71%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
37 granted / 52 resolved
+6.2% vs TC avg
Strong +42% interview lift
Without
With
+42.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
27 currently pending
Career history
74
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
47.3%
+7.3% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
25.8%
-14.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 52 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/13/2026 has been entered. Status of the Claims The amendment filed 7/13/2026 has been entered. Claims 1, 3-4, 6-11, and 13-15 remain pending in the application and claims 2, 5, and 12 have been cancelled. Response to Arguments Applicant’s arguments filed 7/13/2026 have been considered but they are moot in view of a new grounds of rejection necessitated by the amendments to the claims. Applicant added limitations to claim 1 to include that the apparatus “is configured to give rise to an operating state at which a pressure in the interior of the laboratory device is lower than the ambient pressure in the environment around the laboratory device” and argued on pp. 8-11 of Remarks that Tamaoki et al. does not fairly teach this limitation. The examiner acknowledges that Tamaoki et al. does explicitly disclose that the pressure of the incubation room can be set higher than that of an outside space of the incubator, however, the examiner maintains that Tamaoki et al. does not explicitly teach away from an operating state where the pressure of the incubation room can be set lower by the pressure adjustment means (35). Nonetheless, it would have been obvious to a person of ordinary skill in the art to modify Tamaoki et al.’s device in view of Rindoks et al. (US 10,807,131), which teaches that a laboratory device set to a negative pressure state is known in the art. This will be discussed in further detail in the 35 USC § 103 section below. Claim Objections Claim 1 is objected to because of the following informalities: it is recommended that "wherein the apparatus is configured to give rise" in line 9 read "wherein the apparatus for generating the pressure difference is configured to give rise" so it is clear that “the apparatus” is referring to the apparatus for generating a pressure difference. Appropriate correction is required. Claim objected to because of the following informalities: it is recommended that "wherein the laboratory device has an inner housing which defines a chamber, wherein, in the operating state, the pressure in the interior of the device is present in a region that is delimited outside by the outer housing and inside by the inner housing, and wherein the pressure in the interior of the device is less than a pressure in the chamber" be deleted as this limitation is already recited in claim 1 (which claim 8 depends on). Appropriate correction is required. 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: "thermal insulation component" in claim 10. 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. Claims 1, 3, 6-8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tamaoki et al. (US 2005/0084956 A1) (already of record) in view of Rindoks et al. (US 10,807,131). Regarding claim 1, Tamaoki et al. discloses a laboratory device, wherein the laboratory device is an incubator (abstract "incubator") comprising: an outer housing (Fig. 4 outer box 11) which defines an interior of the laboratory device (Fig. 4 incubation room 4); and an apparatus for generating a pressure difference between an ambient pressure in an environment around the laboratory device and the interior of the laboratory device, wherein the apparatus for generating the pressure difference comprises a fan (Fig. 4 circulation fan 418) and a pump (Fig. 4 suction pump 32); and wherein the laboratory device has an inner housing which defines a chamber (Fig. 4 inner box 12). Tamaoki et al. does not explicitly disclose “wherein the apparatus is configured to give rise to an operating state at which a pressure in the interior of the laboratory device is lower than the ambient pressure in the environment around the laboratory device and at which operating state air is encouraged from within the outer housing of the laboratory device into the environment around the laboratory device” and “wherein, in the operating state, the pressure in the interior of the device is present in a region that is delimited outside by the outer housing and inside by the inner housing, and wherein the pressure in the interior of the device is less than a pressure in the chamber”. However, Rindoks et al. discloses a laboratory device comprising a fan (fan or blower 38) which generates a negative pressure in the device compared to the atmosphere outside the device (Col. 3, lines 16-24). Rindoks et al. teaches that generating a negative pressure inside the device prevents toxic or noxious contaminants from passing from the work chamber into the laboratory environment (Col. 3, lines 23-25). Though Tamaoki et al. does not explicitly teach generating a negative pressure inside the laboratory device, it would have been obvious to a person of ordinary skill in the art to modify the device of Tamaoki et al. to generate a negative pressure because the substitution of one known element for another (fan or blower) would have predictably resulted in a laboratory device that generates negative pressure to prevent toxic or noxious contaminants from passing from the work chamber into the laboratory environment, with reasonable expectation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the teachings of Tamaoki et al. with the teachings of Rindoks et al. to obtain the invention as specified in claim 1. Regarding claim 3, Tamaoki et al. discloses a laboratory device wherein the apparatus for generating the pressure difference is capable of conveying gas from the interior of the device into the environment around the laboratory device, wherein the laboratory device has a filter (Fig. 4 33 suction filter), wherein the filter is arranged between an outlet of the apparatus for generating the pressure difference and the environment around the laboratory device (Fig. 4). Regarding claim 6, Tamaoki et al. discloses a laboratory device wherein the outer housing comprises: a side housing (Fig. 4 11 outer box side wall, seen in Fig. 1); a rear housing (Fig. 4 11 outer box rear wall where 33 suction filter is connected); a ceiling housing (Fig. 4 11 outer box upper wall at reference number 11); a lower housing (Fig. 4 11 outer box lower wall near reference number 4); and a door housing (Fig. 4 3 adiabatic door), wherein the rear housing and the door housing are arranged at opposite ends of the laboratory device (Fig. 4 3 adiabatic door opposite 11 outer box rear wall where 33 suction filter is connected), wherein the inner housing comprises: side walls (Fig. 4 12 inner box; para. 0011 "inner box... left and right side faces"); a back wall (Fig. 4 12 inner box wall where 31b end opening is connected); a lower wall (Fig. 4 12 inner box wall above 13B heater); a ceiling wall (Fig. 4 12 inner box upper wall); and a door portion (Fig. 4 7 inner door). Regarding the limitation “wherein the laboratory device is designed to generate a negative pressure in a door region which is delimited by the door housing and the door portion”, Tamaoki et al. discloses an adiabatic door (3) mounted to the outer box (11) and an inner door (7) mounted to the inner box (12), and the outer and inner boxes are separated by an air passage (17) through which air is circulated (para. 0013). Tamaoki et al. does not explicitly disclose that the laboratory device generates negative pressure in a door region delimited by the door housing (adiabatic door 3) and the door portion (inner door 7). However, Rindoks et al. discloses a laboratory device comprising a fan (fan or blower 38) which generates a negative pressure in the device compared to the atmosphere outside the device (Col. 3, lines 16-24). Rindoks et al. teaches that generating a negative pressure inside the device prevents toxic or noxious contaminants from passing from the work chamber into the laboratory environment (Col. 3, lines 23-25). Though Tamaoki et al. does not explicitly teach that the laboratory device generates negative pressure in a door region delimited by the door housing (adiabatic door 3) and the door portion (inner door 7), it would have been obvious to a person of ordinary skill in the art to modify the device of Tamaoki et al. to generate a negative pressure because the substitution of one known element for another would have predictably resulted in a laboratory device that generates negative pressure to prevent toxic or noxious contaminants from passing from the work chamber into the laboratory environment, with reasonable expectation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the teachings of Tamaoki et al. with the teachings of Rindoks et al. to obtain the invention as specified in claim 6. Regarding claim 7, Tamaoki et al. discloses a laboratory device wherein the laboratory device comprises at least one hose (Fig. 4 31 suction tube) which fluidly connects the apparatus for generating the pressure difference to at least one other region (31 suction tube connects 32 suction pump to 4 incubation room). Regarding claim 8, Tamaoki et al. teaches a laboratory device wherein the laboratory device has an inner housing which defines a chamber, wherein, in the operating state, the pressure in the interior of the device is present in a region that is delimited outside by the outer housing and inside by the inner housing, and wherein the pressure in the interior of the device is capable of being less than a pressure in the chamber, wherein the outer housing comprises: a side housing (Fig. 4 11 outer box side wall, seen in Fig. 1); a rear housing (Fig. 4 11 outer box rear wall where 33 suction filter is connected); a ceiling housing (Fig. 4 11 outer box upper wall at reference number 11); a lower housing (Fig. 4 11 outer box lower wall near reference number 4); and a door housing (Fig. 4 3 adiabatic door), wherein the rear housing and the door housing are arranged at opposite ends of the laboratory device (Fig. 4 3 adiabatic door opposite 11 outer box rear wall where 33 suction filter is connected), wherein the inner housing comprises: side walls (Fig. 4 12 inner box; para. 0011 "inner box... left and right side faces"); a back wall (Fig. 4 12 inner box wall where 31b end opening is connected); a lower wall (Fig. 4 12 inner box wall above 13B heater); a ceiling wall (Fig. 4 12 inner box upper wall); and a door portion (Fig. 4 7 inner door), wherein the laboratory device is capable of generating a negative pressure in a door region which is delimited by the door housing and the door portion, wherein the laboratory device comprises at least one hose (Fig. 4 31 suction tube) which fluidly connects the apparatus for generating the pressure difference to at least one other region (31 suction tube connects 32 suction pump to 4 incubation room). Regarding the limitation “wherein the laboratory device is designed to generate a negative pressure in a door region which is delimited by the door housing and the door portion”, Tamaoki et al. discloses an adiabatic door (3) mounted to the outer box (11) and an inner door (7) mounted to the inner box (12), and the outer and inner boxes are separated by an air passage (17) through which air is circulated (para. 0013). Tamaoki et al. does not explicitly disclose that the laboratory device generates negative pressure in a door region delimited by the door housing (adiabatic door 3) and the door portion (inner door 7). However, Rindoks et al. discloses a laboratory device comprising a fan (fan or blower 38) which generates a negative pressure in the device compared to the atmosphere outside the device (Col. 3, lines 16-24). Rindoks et al. teaches that generating a negative pressure inside the device prevents toxic or noxious contaminants from passing from the work chamber into the laboratory environment (Col. 3, lines 23-25). Though Tamaoki et al. does not explicitly teach that the laboratory device generates negative pressure in a door region delimited by the door housing (adiabatic door 3) and the door portion (inner door 7), it would have been obvious to a person of ordinary skill in the art to modify the device of Tamaoki et al. to generate a negative pressure because the substitution of one known element for another (fan or blower) would have predictably resulted in a laboratory device that generates negative pressure to prevent toxic or noxious contaminants from passing from the work chamber into the laboratory environment, with reasonable expectation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the teachings of Tamaoki et al. with the teachings of Rindoks et al. to obtain the invention as specified in claim 8. Tamaoki et al. does not teach that at least one hose fluidly connects the door region and the apparatus for generating the pressure difference. Nonetheless, it has been held that rearrangement of parts is unpatentable because the shifting of parts would not modify the operation of the device (MPEP § 2144.04 VI). Modifying the device of Tamaoki et al. such that the hose (suction tube) connects the fan and pump to the door region would amount to merely rearrangement of parts, as such a modification would predictably result in an incubator that can transfer gas to air outside the incubator from the door region and circulate air in the door region of the incubator, absent clear evidence otherwise. Regarding claim 11, Tamaoki et al. discloses a laboratory device comprising a control unit (Fig. 4 S controller) which is capable of adjusting a conveying capacity of the apparatus for generating the pressure difference in response to an operating mode of the laboratory device, as the circulation fan (18) is controlled by the controller (para. 0026; para. 0032 "pressure adjustment means"). Claims 4 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Tamaoki et al. (US 2005/0084956 A1) (already of record) in view of Rindoks et al. (US 10,807,131) as applied to claim 1 above, and further in view of Wong et al. (US 2020/0182774 A1) (already of record). Regarding claim 4, modified Tamaoki et al. discloses a laboratory device, but is silent to wherein the laboratory device has a total volume in the range of 0.1 m3 to 2.5 m3. However, Wong et al. teaches a laboratory device that has a volume in the range of 0.1 m3 to 2.5 m3 (para. 0103 "0.03 m3 to 3 m3"). Wong et al. teaches that an incubator of this volume can store a plurality of cell culture vessels in one space (para. 0104). It would have been obvious to a person of ordinary skill in the art to use the Wong et al. configuration of a laboratory device that has a volume in the range of 0.03 m3 to 3 m3 in modified Tamaoki et al.’s device with a reasonable expectation that it would store a plurality of cell culture vessels in one space. This method for improving modified Tamaoki et al.’s device was within the ability of one of ordinary skill in the art based on the teachings of Wong et al. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of modified Tamaoki et al. and Wong et al. to obtain the invention as specified in claim 4. Regarding claim 13, modified Tamaoki et al. discloses a laboratory device, but is silent to wherein the laboratory device has a total volume in the range of 0.2 m3 to 1.0 m3. However, Wong et al. teaches a laboratory device that has a volume in the range of 0.2 m3 to 1.0 m3 (para. 0103 "0.03 m3 to 3 m3"). Wong et al. teaches that an incubator of this volume can store a plurality of cell culture vessels in one space (para. 0104). It would have been obvious to a person of ordinary skill in the art to use the Wong et al. configuration of a laboratory device that has a volume in the range of 0.03 m3 to 3 m3 in modified Tamaoki et al.’s device with a reasonable expectation that it would store a plurality of cell culture vessels in one space. This method for improving modified Tamaoki et al.’s device was within the ability of one of ordinary skill in the art based on the teachings of Wong et al. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of modified Tamaoki et al. and Wong et al. to obtain the invention as specified in claim 13. Regarding claim 14, modified Tamaoki et al. discloses a laboratory device, but is silent to wherein the laboratory device has a total volume in the range of 0.4 m3 to 0.8 m3. However, Wong et al. teaches a laboratory device that has a volume in the range of 0.4 m3 to 0.8 m3 (para. 0103 "0.03 m3 to 3 m3"). Wong et al. teaches that an incubator of this volume can store a plurality of cell culture vessels in one space (para. 0104). It would have been obvious to a person of ordinary skill in the art to use the Wong et al. configuration of a laboratory device that has a volume in the range of 0.03 m3 to 3 m3 in modified Tamaoki et al.’s device with a reasonable expectation that it would store a plurality of cell culture vessels in one space. This method for improving modified Tamaoki et al.’s device was within the ability of one of ordinary skill in the art based on the teachings of Wong et al. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of modified Tamaoki et al. and Wong et al. to obtain the invention as specified in claim 14. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tamaoki et al. (US 2005/0084956 Al) (already of record) in view of Rindoks et al. (US 10,807,131) as applied to claim 1 above, and further in view of Miltenburger et al. (US 4,649,114) (already of record). Regarding claim 9, Tamaoki et al. discloses a laboratory device comprising at least one hose (Fig. 4 31 suction tube), but does not teach wherein the at least one hose is made of a material that has a temperature resistance of about 220°C. However, Miltenburger et al. teaches a hose that is made of a material that has a temperature resistance of about 220°C (Col. 6, line 67-Col. 7, line 1 "tubes, hoses... polytetrafluoroethylene"). Fluoroplastics, Volume 2 (already of record) discloses that polytetrafluoroethylene has a melting point over 220°C (Table 4.2), making it fully capable of temperature resistance of about 220°C. Miltenburger et al. teaches that a tube or hose made of polytetrafluoroethylene allows for maximum propagation of cells (Col. 7, lines 3-4). It would have been obvious to a person of ordinary skill in the art to use the Miltenburger et al. configuration of a tube/hose made of polytetrafluoroethylene in modified Tamaoki et al.'s device with a reasonable expectation that it would have a temperature resistance of about 220°C and allow for maximum propagation of cells. This method for improving modified Tamaoki et al.'s device was within the ability of one of ordinary skill in the art based on the teachings of Miltenburger et al. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of modified Tamaoki et al. and Miltenburger et al. to obtain the invention as specified in claim 9. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tamaoki et al. (US 2005/0084956 Al) (already of record) in view of Rindoks et al. (US 10,807,131) as applied to claim 1 above, and further in view of Huang et al. (US 2021/0102373 Al) (already of record). Regarding claim 10, Tamaoki et al. discloses a laboratory device comprising at least one thermal insulation component (Fig. 4 14 heat insulating material), but does not teach wherein the at least one thermal insulation component has a final layer which seals the at least one thermal insulation component, wherein the final layer comprises a film, wherein the film has a temperature resistance of about 300°C. However, Huang et al. teaches a thermal insulation component (abstract "heat-insulation structure") that has a final layer which seals the at least one thermal insulation component, wherein the final layer comprises a film (para. 0008 "surface layer film"), wherein the film has a temperature resistance of about 300°C (para. 0039 "plastic film"). Plastic Injection Molding, Volume I (already of record) discloses that plastic has a melting point over 220°C (Table 111-1), making it fully capable of temperature resistance of about 300°C. Huang et al. teaches that the heat-insulation structure with a plurality of layers increases the effect of heat insulation (para. 0022). It would have been obvious to a person of ordinary skill in the art to use the Huang et al. configuration of a thermal insulation component including a film layer that has a temperature resistance of about 300°C in modified Tamaoki et al.'s device with a reasonable expectation that it would increase the effect of heat insulation. This method for improving modified Tamaoki et al.'s device was within the ability of one of ordinary skill in the art based on the teachings of Huang et al. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of modified Tamaoki et al. and Huang et al. to obtain the invention as specified in claim 10. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Tamaoki et al. (US 2005/0084956 Al) (already of record) in view of Rindoks et al. (US 10,807,131) as applied to claim 1 above, and further in view of Osawa et al. (US 2009/0221064 Al) (already of record). Regarding claim 15, Tamaoki et al. discloses a laboratory device wherein the control unit has a first operating mode wherein only the fan is active in the first operating mode (para. 0026 "circulation fan . controlled by a controller"), and wherein the control unit is capable of controlling the fan when a temperature limit value is reached (para. 0026 "temperature sensor... heaters... controlled by a controller"). Tamaoki et al. does not teach wherein the control unit is capable of a second operating mode wherein both the fan and the pump are active. However, Osawa et al. teaches a control unit that is capable of an operating mode wherein both a fan and a pump are active (para. 0061). Osawa et al. teaches that both the fan and the pump being active at the same time allows sterile gas to spread throughout the cultivation room and reliably sterilize the whole cultivation room (para. 0069). It would have been obvious to a person of ordinary skill in the art to use the Osawa et al. configuration of a control unit that is capable of an operating mode wherein both a fan and a pump are active in modified Tamaoki et al.'s device with a reasonable expectation that it would allow sterile gas to spread throughout the cultivation room and reliably sterilize the whole cultivation room. This method for improving modified Tamaoki et al.'s device was within the ability of one of ordinary skill in the art based on the teachings of Osawa et al. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of modified Tamaoki et al. and Osawa et al. to obtain the invention as specified in claim 15. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY LOPEZLIRA whose telephone number is (703)756-5517. The examiner can normally be reached Mon - Fri: 8:30-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ASHLEY LOPEZLIRA/Examiner, Art Unit 1799 /MICHAEL A MARCHESCHI/Supervisory Patent Examiner, Art Unit 1799
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Prosecution Timeline

Show 4 earlier events
Jun 30, 2025
Request for Continued Examination
Jul 01, 2025
Response after Non-Final Action
Jul 28, 2025
Non-Final Rejection mailed — §103
Nov 05, 2025
Response Filed
May 28, 2026
Final Rejection mailed — §103
Jul 13, 2026
Request for Continued Examination
Jul 14, 2026
Response after Non-Final Action
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+42.0%)
3y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
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