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 .
DETAILED ACTION
The amendment filed on January 30, 2026 is acknowledged and entered. Claims 1-2, 6, 9, 23, 25, 26 and 31 are amended. Claims 4-5, 8, 10, 12, 14, 20-22, 24, 27-29, 32-33, 35 and 37-44 are canceled. Claims 1-3, 6-7, 9, 11, 13, 15-19, 23, 25-26, 30-31, 34 and 36 are pending and under examination in this Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 26, 2024 and July 28, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The objections to claims 1, 23 and 31 are now withdrawn in view of the claim amendment.
The rejections to claims 2, 6, 9, 11, 13 and 25-26 under 35 U.S.C. 112(b) are now withdrawn in view of the claim amendment or after reconsideration.
The rejection under 35 U.S.C. 102 (a)(1) to claims 1-3, 6, 11, 15, 19, 23, 25, 30-31, 34 and 36 is maintained. Applicant’s arguments have not been found persuasive. Please refer to the Response to Arguments section for further details. The rejections under 35 U.S.C. 103 to claims 6, 9, 13, 17-18 and 26 are also maintained.
The rejections to claims 7 and 16 under 35 U.S.C. 103 are now withdrawn after reconsideration in view of Applicant’s arguments. Upon further search, new grounds of rejection are now made. This Office action hence is a non-final Office action.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6, 11, 15, 19, 23, 25, 30-31, 34 and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun et al., US 2004/0255937 A1, hereinafter Sun.
Claim 1. Sun teaches in FIGS.1-4 a biocontainment assembly for use with a patient suspected of having or diagnosed with a transmissible disease(s) capable of respiratory, airborne, contact, or droplet transmission ([0004]: the object of the present invention is to provide a personal isolation apparatus…for removing SARS virus or other microorganisms as laden in the air streamflow as sucked from the hood by an exhaust fan), the assembly comprising:
a housing (1) configured to be positioned over and at least partially enclose a head, neck, and/or torso of the patient (FIG.1),
the housing comprising a top portion (FIGS.1-4: the top portion is where No.1 is labeled; and [0009]: The hood 1 may be formed to have a cross section of semicircular shape, inversed U shape or other geometric forms), and
at least partially open bottom portion (10) configured to rest on a substantially planar surface ([0010]: The hood 1 includes a base portion 10 laid on a bed B),
at least one sidewall extending between the top portion and the bottom portion, the sidewall comprising an open portion (43) contiguous with the at least partially open bottom portion of the housing, sized to fit over at least a portion of the head, neck, and/or torso of the patient ([0009]: The hood 1 may be formed to have a cross section of semicircular shape, inversed U shape or other geometric forms – the surface(s) that forms the cross section is the at least one sidewall; and [0022]: a plurality of air inlet openings 43), and
an airflow opening (14) extending through the top portion and/or sidewall of the housing for evacuating fluid from an interior defined by the housing ([0010]: a rear opening 14 defined within the connector 13 to allow air Ai to enter the UV sterilizer 3 and the filter device 2);
the at least one drape (4) configured to extend across the open portion of the sidewall (FIG.3; [0022]: an auxiliary cover 4 is provided to further shield the upper body portion PI of the patient) comprising a first portion removably connected to the top portion and/or sidewall of the housing, and an opposing second portion configured to be draped over the torso, abdomen, waist, and/or legs of the patient; and
at least one vacuum adapter (13) connected to the housing, the vacuum adapter comprising an inlet covering the airflow opening of the housing and an outlet configured to be connected to a fluid conduit to place the interior of the housing in fluid communication with a vacuum and/or filter system through the vacuum adapter and the fluid conduit ([0010]: a connector 13 protruding rearwardly from the hood 1 to be detachably connected with the ultraviolet (UV) sterilizer 3 and the filter device 2, and a rear opening 14 defined within the connector 13 to allow air Ai to enter the UV sterilizer 3 and the filter device 2).
Claim 2. Sun further teaches that
the transmissible disease capable of respiratory, airborne, contact, or droplet transmission is a coronavirus infection ([0001]: Severe Acute Respiratory Syndrome (SARS) virus; and [0002]: a SARS patient), such as COVID-19.
Claim 3. Sun further teaches that
the housing is transparent, or sufficiently transparent or clear, to allow visualization of the patient's head through the sidewall and/or top portion of the housing and/or to allow visualization by the patient through the sidewall and/or top portion of the housing ([0009]: The hood 1…may be a transparent cover preferably made of polycarbonate (PC), acrylic, or other suitable material) , and wherein
the housing comprises a partially enclosed box in which the top portion of the housing comprises a top panel and the at least one sidewall comprises opposing side panels connected by a middle panel, the middle panel being opposite th open portion of the at least one sidewall (FIGS.2-4 illustrate that the hood 1 being at least a partially enclosed box. As the hood is illustrated having a rectangular side view confronting the general shape of the patient bed, it would be a rectangular prism geometry that would comprise a top panel (where No. 1 is labeled), a bottom panel (where the patient lays) and two side panels each attaching the two opposing side of the top panel. In FIG.4, the panel that the patient’s feet faces is the middle panel that connects the two side panels that are along the patient’s body sides).
Claim 6. Sun further teaches that
the housing further comprises a rigid frame, and wherein the panels are mounted to the frame to form the partially enclosed box (FIGS.2-4: the top plate 1, the base portion 10 an the rear end plate 12 form a rigid frame such that these portions form a rectangular prism geometry and is a partially enclosed box encompassing at least the patient’s head, neck and at least a portion of the torso).
Claim 11. Sun further teaches that
the at least one drape is a sufficient length to extend from the housing over the torso of the patient (FIG.3).
Claim 15. Sun further teaches
a filter in an interior of the vacuum adapter, positioned such that fluid entering the adapter through the inlet passes through the filter, and exits the interior of the vacuum adapter through the outlet ([0011]: the filter device 2 includes: a duct 21 connected to the hood 1…a primary filter 22 formed in a front end portion 211 of the duct 21 secured at a suction port 211 of the duct 21 for preliminarily filtering off the droplet as sprayed from the patient, a secondary filter 23 formed in the duct 21 following the primary filter 22 for further removing particulates or microparticles as laden in the inlet air stream Ai, and an exhaust fan 24 formed in the duct 21 at a downstream of the secondary filter 23 for sucking air Ai from the hood 1 through the UV sterilizer 3 and the filters 22, 23 in the duct 21 and for discharging outlet air Ao through a discharge port 212 formed in a rearmost end of the duct 21),
the filter comprising a filter with a HEPA rating, a ULPA rating, or a MERV 16+ rating ([0013]: the secondary filter 23 is a high-efficiency particulate air (HEPA) filter).
Claim 19. Sun further teaches
at least one support arm connected to and extending from the sidewall of the housing, wherein the support arm is positioned to at least partially support the at least one drape over the patient, such that portions of the at least one drape are supported above the torso of the patient ([0022]: an auxiliary cover 4 is provided to further shield the upper body portion PI of the patient; FIG.3), wherein
The at least one support arm comprises an axially extendable portion, which can be increased in length to increase an area of the portion of the at least one drape supported above the torso of the patient ([0024]: an auxiliary hood 5 is provided to connect the inlet port 11 of the hood 1 to cover a lower body portion P2 of the patient P to thereby completely shield the patient within the hood 1 – goes from FIG.2 to FIG.5, the auxiliary hood 5 is an extension that increases the coverage in length and area of the portion above the torso of the patient).
Claim 23. Sun teaches in FIGS.1-4 a system for containment of fluid from a patient suspected of having or diagnosed with transmissible disease(s) capable of respiratory, airborne, contact, or droplet transmission, the system comprising: the assembly of claim 1 (see above claim 1),
the fluid conduit connected to the vacuum adapter of the assembly ([0010]: a connector 13…a rear opening 14 defining within the connector 13 to allow air Ai to enter the UV sterilizer 3 and the filter device 2; and [0011]: a duct 21; and [0015]: the inlet air Ai entering an air passage 33); and
a vacuum or negative pressure source connected to the interior of the housing through the vacuum adapter and fluid conduit ([0011]: an exhaust fan 24 formed in the duct 21 at a downstream of the secondary filter 23 for sucking air Ai from the hood 1 through the UV sterilizer 3 and the filters 22, 23 in the duct 21 and for discharging outlet air Ao through a discharge port 212 formed in a rearmost end of the duct 21).
Claim 25. Sun further teaches that
the vacuum or negative pressure source comprises at least one of a vacuum device, (e.g., a vacuum-producing device, such as a wet/dry vacuum), a fan, and/or a blower adapted to draw fluid from the interior of the housing through the fluid conduit (e.g., a commercially-available wet/dry vacuum, attached to the outlet of the vacuum adapter) ([0011]: an exhaust fan 24 formed in the duct 21 at a downstream of the secondary filter 23 for sucking air Ai from the hood 1 through the UV sterilizer 3 and the filters 22, 23 in the duct 21 and for discharging outlet air Ao through a discharge port 212 formed in a rearmost end of the duct 21).
Claim 30. Sun further teaches
an inline filter fluidly connected to the fluid conduit for filtering fluid evacuated from the interior of the housing due to negative pressure exerted by the vacuum or negative pressure source ([0011]: the filter device 2 includes: a duct 21 connected to the hood 1…a primary filter 22 formed in a front end portion 211 of the duct 21 secured at a suction port 211 of the duct 21 for preliminarily filtering off the droplet as sprayed from the patient, a secondary filter 23 formed in the duct 21 following the primary filter 22 for further removing particulates or microparticles as laden in the inlet air stream Ai, and an exhaust fan 24 formed in the duct 21 at a downstream of the secondary filter 23 for sucking air Ai from the hood 1 through the UV sterilizer 3 and the filters 22, 23 in the duct 21 and for discharging outlet air Ao through a discharge port 212 formed in a rearmost end of the duct 21).
Claim 31. Sun teaches in FIGS.1-4 a system for containment of fluid from a patient suspected of having or diagnosed with a transmissible disease(s) capable of respiratory, airborne, contact, or droplet transmission, the system comprising: the assembly of claim 1 (see above claim 1),
the fluid conduit connected to the vacuum adapter of the assembly ([0010]: a connector 13…a rear opening 14 defining within the connector 13 to allow air Ai to enter the UV sterilizer 3 and the filter device 2; and [0011]: a duct 21; and [0015]: the inlet air Ai entering an air passage 33); and
at least one decontamination device connected to the fluid conduit, the decontamination device being configured for at least one of reduction, removal, redirection, inactivation, or disinfection of contaminated fluid passing from the interior of the housing of the biocontainment assembly through the fluid conduit ([0010]:a rear opening 14 defined within the connector 13 to allow air Ai to enter the UV sterilizer 3 and the filter device 2; [0015]: the ultraviolet sterilizer 3…for irradiation of UV light to the inlet air Ai entering an air passage 33 as defined in the sterilizer 3 and to the primary filter 22, and a reflector 32 formed on a back side of the UV lamp 30 for reflecting UV light as emitted from the UV lamp 30 towards the air passage 33 as defined within the UV lamp 30 and the lamp cover 31 of the sterilizer 3 and for reflecting UV light towards the primary filter 22 of the filter device 2).
Claim 34. Sun teaches in FIGS.1-4 a biocontainment method for a patient suspected of having or diagnosed with a transmissible disease(s) ([0004]: the object of the present invention is to provide a personal isolation apparatus…for removing SARS virus or other microorganisms as laden in the air streamflow as sucked from the hood by an exhaust fan), the method comprising:
positioning the biocontainment assembly of claim 1 around the head, neck, and/or torso of the patient (see above claim 1); and
applying negative pressure to the interior of the housing of the assembly through the fluid conduit and vacuum adapter, thereby evacuating fluid from the interior of the housing ([0011]: the filter device 2 includes: a duct 21 connected to the hood 1…a primary filter 22 formed in a front end portion 211 of the duct 21 secured at a suction port 211 of the duct 21 for preliminarily filtering off the droplet as sprayed from the patient, a secondary filter 23 formed in the duct 21 following the primary filter 22 for further removing particulates or microparticles as laden in the inlet air stream Ai, and an exhaust fan 24 formed in the duct 21 at a downstream of the secondary filter 23 for sucking air Ai from the hood 1 through the UV sterilizer 3 and the filters 22, 23 in the duct 21 and for discharging outlet air Ao through a discharge port 212 formed in a rearmost end of the duct 21).
Claim 36. Sun further teaches
placing the housing of the biocontainment assembly about the head, neck, and/or torso of the patient, such that the patient's neck and/or torso passes through the open portion of the sidewall of the housing (FIGS.1-4);
connecting the first portion of the at least one drape to the housing and positioning the second portion of the at least one drape over the torso, abdomen, waist, and/or legs of the patient (FIG.3; and [0022]: the auxiliary cover 4 is provided to further shield the upper body portion PI of the patient);
securing the vacuum adapter over the airflow opening; and attaching the fluid conduit to the outlet of the vacuum adapter ([0011]: an exhaust fan 24 formed in the duct 21 at a downstream of the secondary filter 23 for sucking air Ai from the hood 1 through the UV sterilizer 3 and the filters 22, 23 in the duct 21 and for discharging outlet air Ao through a discharge port 212 formed in a rearmost end of the duct 21).
Claim Rejections - 35 USC § 103
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 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Poenisch et al., US 2016/0136024 A1, hereinafter Poenisch.
Claim 6. Sun teaches all the limitations of claim 1.
Sun further teaches that
the housing further comprises a rigid frame, and wherein the panels are mounted to the frame to form the partially enclosed box (FIGS.2-4: the top plate 1, the base portion 10 an the rear end plate 12 form a rigid frame such that these portions form a rectangular prism geometry and is a partially enclosed box encompassing at least the patient’s head, neck and at least a portion of the torso).
If Sun is considered not providing sufficient and explicit teaching of the rigid frame, in an analogous biocontainment assembly field of endeavor, Poenisch teach that
the housing further comprises a rigid frame, and wherein the panels are mounted to the frame to form the partially enclosed box ([0034]: some of the portions of said box, especially upper and lower portions not likely touched by said patient can be framed in metal and covered in film plastic like 20 mil vinyl to reduce the cost, to make assembly easier, and to facilitate transport of said box).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to have the assembly of Sun employ such a feature of “the housing further comprises a rigid frame, and wherein the panels are mounted to the frame to form the partially enclosed box” as taught in Poenisch for the advantage of providing a rigidity of the assembly while “reducing the cost, making assembly easier and facilitating transport of the box”, as suggested in Poenisch, [0034].
Claim 9. Sun teaches all the limitations of claim 1.
Sun further teaches that
the at least one drape is sealed to the sidewall and top portion of the housing, such that fluid does not escape the interior of the housing between the first portion of the drape and the housing ([0023]: an auxiliary hood 5 is provided to connect the inlet port 11 of the hood 1 to cover a lower body portion P2 of the patient P to thereby completely shield the patient within the hood 1 and the auxiliary hood 5 for preventing outward spreading of patient’s droplet or virus as sprayed or released from the patient) .
Sun does not teach the claimed material of the drape.
However, in an analogous biocontainment assembly field of endeavor, Poenisch teach that
the at least one drape comprises a plastic sheet ([0034]: some of the portions of said box, especially upper and lower portions not likely touched by said patient can be framed in metal and covered in film plastic like 20 mil vinyl to reduce the cost, to make assembly easier, and to facilitate transport of said box), such as a plastic sheet formed from low-density polyethylene.
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to have the assembly of Sun employ such a feature of “the at least one drape comprises a plastic sheet, such as a plastic sheet formed from low-density polyethylene” as taught in Poenisch for the advantage of “reducing the cost, making assembly easier and facilitating transport of the box”, as suggested in Poenisch, [0034].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Comunale et al., US 10,842,697 B1, hereinafter Comunale.
Claim 7. Sun teaches all the limitations of claim 1.
Sun does not teach the claimed feature associated with the access port.
However, in an analogous biocontainment assembly field of endeavor, Comunale teach that
the housing further comprises at least one access port comprising an access opening extending through the at least one sidewall of the housing and a cover removably secured to the access opening which seals the access opening when not in use (Colo.6, ll.12-17: one or more additional entry points 302 are similarly configured so that outside caregivers may pass food/fluid/supplies/diapers/medications or other items from the outside to the patient and/or in another direction. These entry points 302 (FIG.3) may be located anywhere along the side walls 108 and/or the bottom end walls 216; Col.7, ll.61-65: the other entry 302 are available in the event a patient needs additional supplies. In one embodiment, these openings are double sealed, so that no pair may escape/enter as objects are passed into the enclosure 104 interior. This is accomplished by a double zipped opening; and Col.8, ll.5-9: As seen in FIGS. 15-16, the access entry 302 may be done with simple zippers and hooks and loops covers. In one embodiment, the entry 302 has pockets having zippers inside 1602 and outside 1604).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to have the assembly of Sun employ such a feature of “the housing further comprises at least one access port comprising an access opening extending through the at least one sidewall of the housing and a cover removably secured to the access opening which seals the access opening when not in use” as taught in Comunale for the advantage of allowing additional supplies to pass in and out the enclosure as needed, as suggested in Comunale, Col.7, line 61 to Col.8, line 9.
Claims 13, 17 and 26 is rejected under 35 U.S.C. 103 as being unpatentable over Sun.
Claim 13. Sun teaches all the limitations of claim 1, including the vacuum adaptor (13) that is shaped for the fluid flow through the vacuum ([0010]: a rear opening 14 defined within the connector 13 to allow air Ai to enter the UV sterilizer 3 and the filter device 2).
In regard to the shape and the dimension of the vacuum adaptor, it is considered among various common practices that normally requires only ordinary skill in the art and hence are considered routine expedients. Such an alternate configuration is considered merely changes in shape, which the court has held normally require only ordinary skill in the art and hence is considered routine expedients. It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to arrive such a configuration through routine experimentation with reasonable expectation of success. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). MPEP 2144.04.IV.B.
In regard to the feature of claimed feature of the vacuum adapter is shaped such that fluid flow through the vacuum adapter is substantially non-turbulent, the utility of the vacuum adapter is to properly conduct the fluid flow. For the same purpose, Sun teaches the connector 13 that allow air Ai to enter the UV sterilizer 3 and the filter device 2 ([0010]). Hence, the feature of the vacuum adapter being shaped such that the fluid flow is substantially non-turbulent is considered merely a design choice. It is a well-known knowledge in the field of art that the shape of the passage controls the property of the fluid flow. It would have been obvious for one of ordinary skills in the art before the effective filing date of the claimed invention to have alternatives of the shape of the vacuum adaptor to control the flow property of the fluid, and the provision of such alternative configurations, where needed, involves only routine skill in the art to achieve with reasonable expectation of success.
Claim 17. Sun teaches all the limitations of claim 1, including the housing (1), and airflow opening (14) and the vacuum adaptor (13).
In regard to the particular material of these components, i.e., the housing being an open commercial or commodity plastic storage bin, and the vacuum adapter is 3D-printed, the utility of the housing is to contain the subject, and the utility of the vacuum adaptor is to properly conduct the fluid flow. These components can be made by various materials as long as their utility can be properly carried out. Hence, the claimed features of the housing comprising an open commercial or commodity plastic storage bin, or it is a custom-designed compartment, and the vacuum adaptor is 3D-printed, or manufactured by molding or in a machine shop are considered merely a design choice. It would have been obvious for one of ordinary skills in the art before the effective filing date of the claimed invention to have alternatives of the material of the housing and the vacuum adaptor, and the provision of such alternative configurations, where needed, involves only routine skill in the art to achieve with reasonable expectation of success.
Claim 26. Sun teaches all the limitations of claim 1, including the fan (24).
A fan requires power to be operated. The power may be manual or electrical. The electrical power may be provided by various means including a battery, a generator, or through an electrical outlet.
Any of the above exemplary means and any other conventional means for powering a fan may be used as long as the fan can be properly and efficiently operated to achieve its intended utility of sucking out the air from the housing. Hence, the claimed feature of the fan being battery-powered, or can be powered by both a battery and an electrical source is considered merely a design choice. It would have been obvious for one of ordinary skills in the art before the effective filing date of the claimed invention to have alternatives in regard to how the fan is powered, and the provision of such alternative configurations, where needed, involves only routine skill in the art to achieve with reasonable expectation of success.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Sun, in view of Aarested et a., WO 2016/134052, hereinafter Aarested.
Claim 16. Sun teaches all the limitations of claim 1.
Sun does not teach the claimed feature associated with a grate or protective guard.
However, in an analogous fluid flow control field of endeavor, Aarested teaches
a grate or protective guard connected to the housing covering the airflow opening, and located between the vacuum adapter and the interior of the housing ([0043]: FIG.9 is a cross sectional view of an illustrative embodiment of the vacuum pump apparatus with the vacuum pump housing element 101 inserted through a vacuum chamber aperture 116 of a vacuum chamber element 115 and mounted via the filtration cap element 100 affixed from the side of the vacuum chamber element 115, also shown is the vacuum pump mounting surface 114, filtration membrane 112, and vacuum pump assembly exhaust cap 117; and Claim 1: an evacuation enclosure configured to mate with a portion of the human body and thereby create a chamber having an interior volume formed between the human body and the evacuation enclosure…the filtration cap element comprises a mating surface configured to releasably engage with a receiving surface on the pump housing element…the filter membrane is positioned such that air being removed by the vacuum pump from the interior volume within the chamber must pass through the filter membrane prior to reaching the vacuum pump) – the filter membrane that allows the air to pass through prior to reaching the vacuum pump is considered the “grate or protective guard” as claimed.
A filter membrane selectively allows particles under a certain size to passes through. The “grate”, as disclosed in the specification, is a metal mesh for preventing larger particles, solid matter, and other contaminates from entering the vacuum adaptor. The filter membrane of Aarested hence is considered reading on the recited “grate”. Either the filter membrane or the grate is a type of protective guard.
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to have the assembly of Sun employ such a feature of “a grate or protective guard connected to the housing covering the airflow opening, and located between the vacuum adapter and the interior of the housing” as taught in Aarested for the advantage such that “air being removed by the vacuum pump from the interior volume within the chamber must pass through the filter membrane prior to reaching the vacuum pump”, as suggested in Aarested, Claim 1, as a protective mechanism to the vacuum pump.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Sun, in view of Shaw et al., US 6,357,445 B1, hereinafter Shaw.
Claim 18. Sun teaches all the limitations of claim 1.
Sun does not teach the claimed feature associated with an interior sheet.
However, in an analogous biocontainment contamination control field of endeavor, Shaw teaches
an interior sheet removably mounted to an interior surface of the housing for covering walls of the housing to prevent contamination of the walls of the housing (Claim 1: said drape having an adhesive side and a non-adhesive side, said adhesive side being adhesive across substantially its entire surface, said adhesive forming a complete seal around said opening, thus reducing the possibility for contamination from aerosolized contaminants).
Such an adhesive drape of Shaw may be reasonably positioned over a surface that needs to be protected from contamination. When Sun and Shaw are combined, the adhesive drape of Shaw may be removably mounted to an interior surface of the housing of Sun to cover the housing walls from being contaminated.
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to have the assembly of Sun employ such a feature of an interior sheet removably mounted to an interior surface of the housing for covering walls of the housing to prevent contamination of the walls of the housing” as taught in Shaw for the advantage of “reducing the possibility for contamination”, as suggested in Shaw, Claim 1.
Response to Arguments
Applicant’s arguments in regard to the rejection under 35 U.S.C. 102(a)(1) to claim 1 have been fully considered but they are not persuasive. Applicant asserted that “the “base portion 10” of Sun is described as being coated with a packing, such as rubber packing, and there is no disclosure, or suggestion of any partial opening. Nor could such an opening be inferred from the figures of Sun” (Remarks, p.8). Examiner respectfully disagrees and notes that, rubber packing is a type of material that provides better sealing capability. In Sun, [0010], the rubber packing is a coating material that coats the base portion 10. It is not an additional sheet that covers across the bottom of the base portion. According to FIG.1, the base portion is merely a frame that pays on the bed B. The entire base portion is open, hence, readings on “an at least partially open bottom portion” as claimed. The bed B is the “substantially planar surface”.
Applicant’s arguments in regard to the rejections to claims 7 and 16 have been fully considered and they are persuasive. Upon further search, new prior arts have been identified. Claims 7 and 16 remain being rejected.
Based on the above consideration, the pending claims remain rejected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YI-SHAN YANG whose telephone number is (408) 918-7628. The examiner can normally be reached Monday-Friday 8am-4pm PST.
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/YI-SHAN YANG/Primary Examiner, Art Unit 3798