Prosecution Insights
Last updated: April 19, 2026
Application No. 18/021,919

VENTILATION SYSTEM AND BUILDING EQUIPPED WITH VENTILATION SYSTEM

Non-Final OA §103
Filed
Feb 17, 2023
Examiner
WORKU, KIDEST
Art Unit
2119
Tech Center
2100 — Computer Architecture & Software
Assignee
Sekisui House Ltd.
OA Round
3 (Non-Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
87%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
999 granted / 1181 resolved
+29.6% vs TC avg
Minimal +3% lift
Without
With
+2.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
33 currently pending
Career history
1214
Total Applications
across all art units

Statute-Specific Performance

§101
14.4%
-25.6% vs TC avg
§103
37.3%
-2.7% vs TC avg
§102
22.0%
-18.0% vs TC avg
§112
17.0%
-23.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1181 resolved cases

Office Action

§103
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 . 1. Claims 7, 9, 11, 13, 15, 17, 19, 21 and 23 are presented for examination. Claims 1-6, 8, 10, 12, 14, 16, 18, 20 and 22 are cancelled. Continued Examination Under 37 CFR 1.114 2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/21/2025 has been entered. Response to Amendment/Response to Arguments 3. 3.1 The rejection under 112 (a) and 112(b) has been withdrawn since applicant’s amendments and remarks are persuasive and overcome the rejection. 3.2 The rejection under 103 has been withdrawn since applicant’s amendments and remarks are persuasive and overcome the rejection. The amendment was added in response to the Final-rejection made by the Office. As a result, upon further consideration, the previous rejection has been withdrawn and a new rejection has been made in its place. See the rejection below. 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. 4. 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. 4.1 Claim(s) 7, 11, 15, 19 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okeya (WO2019058516A1) in view of Choi et al. (US 204/0237572 A1) further in view of Zhou (US 11,692,728 B2). Regarding claims 7 and 23, Okeya discloses a ventilation system (Page 3, ventilating apparatus) comprising: a ventilator (page 2, ventilation device) structured to ventilate a first space (Page 2, Par. 5, ventilation device takes in air from the outside and feeds the taken air into the room); an air conveyance path structured to communicate the first space and the second space and convey air from the first space to the second space (Page 2, 3 and page 5, supply air passage and exhaust air passage travel along the rooms); a controller structured to control an operation of the ventilator (Page 6, control unit that controls the entire ventilator). and an operation of the air conveyor (page 6, The control unit controls the ventilation air flow (air conveyer) of the ventilation device by controlling the drive of the motor a of the air supply blower and the drive of the motor a of the exhaust air blower); and a first temperature measurer structured to measure an air temperature of the first space and a second temperature measurer structured to measure an air temperature of the second space (Page 6, a first temperature sensor is provided in the air supply passage The first temperature sensor detects the temperature outside the room by measuring the temperature of the air flowing into the air supply passage from the air supply suction port. A second temperature sensor is provided in the exhaust air passage. The second temperature sensor detects the room temperature by measuring the temperature of the air flowing into the exhaust air passage from the exhaust suction port). wherein the air conveyor includes a dust collector for collecting dust contained in air passing through the air conveyance path (page 5, The air filter removes dust mixed in the air from the outside from the air supply flow. The air filter is detachably installed on the surface of the heat exchanger to which the exhaust flow flows. The air filter removes dust mixed in the air from the room for the exhaust flow. The ventilation device prevents the heat exchanger from being clogged by dust by providing the air filters). the ventilator includes a heat exchange element for performing heat exchange between a supply air flow and an exhaust air flow (Abstract, a heat exchange type ventilation device which comprises: a heat exchanger which carries out a heat exchange between a flow of air supply generated by a fan an air supply and an air exhaust flow generated by an exhaust fan); and the controller includes a determiner structured to determine whether air conveyance from the first space to the second space by the air conveyor or to circulate air in the first indoor space by the air conveyor based on a first temperature measured by the first temperature measurer and a second temperature measured by the second temperature measurer (Abstract, the first ventilation at a first ventilation capacity is switched to the second ventilation at a second ventilation capacity greater than the first ventilation capacity, and during this second ventilation, the difference between the indoor temperatures becomes less than a threshold value, the control unit changes the ventilation capacity of the second ventilation capacity to the first ventilation capacity). Okeya fails disclose an air conveyor structured to be installed on a ceiling surface of the first space and convey air from the first space to a second space different from the first space. However, Choi discloses (abstract, Fig. 1-6, Air conditioning and ventilating system including air conditioner installed on a ceiling, having air outlets for discharging air having heat exchanged at an indoor heat exchanger, and a device for controlling a direction of air discharged from the air outlets, a first air passage for guiding outdoor air to a room, and a second air passage for guiding room air to an outdoor. The first, and second air passages cross at a part). Okeya and Choi are analogous art. They relate to air flow management. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify ventilation with heat exchange between the outdoor air flow to the indoor air flow and exhaust, taught by Okeya, incorporated with a device for controlling a direction of air discharged from the air outlets, taught by Choi, in order to provide an air conditioning and ventilating system which make a uniform distribution of air introduced into a room from an outdoor to supply enough fresh air to persons in the room. Okeya and Choi fail to specifically disclose indoor ventilation and air conveyer system and the determiner determines to perform the air conveyance from the first indoor space to the second indoor space by the air conveyor when a temperature difference between the first temperature and the second temperature is equal to or more than a predetermined temperature and to circulate air in the first indoor space by the air conveyor when a temperature difference between the first temperature and the second temperature is less than the predetermined temperature. The combination of Okeya and Choi fail to disclose the determiner determines to perform the air conveyance from the first indoor space to the second indoor space by the air conveyor when a temperature difference between the first temperature and the second temperature is equal to or more than a predetermined temperature and to circulate air in the first indoor space by the air conveyor when a temperature difference between the first temperature and the second temperature is less than the predetermined temperature. However, Zhou discloses and the determiner determines to perform the air conveyance from the first indoor space to the second indoor space by the air conveyor when a temperature difference between the first temperature and the second temperature is equal to or more than a predetermined temperature and to circulate air in the first indoor space by the air conveyor when a temperature difference between the first temperature and the second temperature is less than the predetermined temperature (Abstract, Column 2, lines 30-44, 59-65, column 4, lines 26-53, controller that receives information about various rooms and areas from temperature and occupancy sensors within those rooms or areas. The air circulation systems is include one or more sensors of different types (e.g., occupancy sensors, temperature sensors, pressure sensors, etc.) within each room of the structure. The systems also include a controller that is communicatively coupled with the sensors in the rooms, the bi-directional inline fans in the ducts, and the dampers. The controller is configured to receive or retrieve sensor data from the different sensors in the rooms and coordinate the bi-directional inline fans and the dampers in the different ducts to thereby control circulation of air among the rooms based on the data from the sensors to achieve substantial equilibrium of temperature and air pressure among all specified rooms. The inline fans are controlled by the controller which collects temperature readings at different locations and the occupancy at different rooms. Using predefined logic, the controller sends command signals to each inline fans based on the sensed data. Thus, the inline fans are capable of moving air within the ducts and rooms to cause the occupied rooms to have a desired room temperature). Zhou, Okeya and Choi are analogous art. They relate to air flow management. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the air flow circulation among the room, taught by Zhou, incorporated with the teaching of Okeya and Choi, as state above, in order to maintain comfort in a building varies throughout the year. Industry standards recommend adjusting the balance of airflow, or the percentage of air going into each room, as well as the total airflow, at least seasonally, to account for these seasonal weather changes. It is, therefore, desirable to provide an improved system that accounts for seasonal and daily weather changes to maintain comfort in a building. Regarding claim 11, Okeya discloses first gas concentration measurer structured to measure a gas concentration of a predetermined gas contained in the air in the first indoor space (page 5, the control unit measures the CO 2 sensor), wherein the determiner determines to perform the air conveyance from the first indoor space to the second indoor space by the air conveyor when the gas concentration measured by the first gas concentration measurer is equal to or less than a predetermined concentration (Page 6, Page 10, determined whether or not the value of the CO 2 concentration is less than the set value; the heat exchange ventilation is switched to the normal ventilation according to the determination, the ventilation device, if the measured CO 2 concentration is below the concentration which is set in advance, it changes the ventilation power from the ventilation air volume). Regarding claims 15 and 19, Okeya discloses a second gas concentration measurer structured to measure a gas concentration of a predetermined gas contained in the air in the second indoor space (page 5, the control unit measures the CO2 sensor), and to circulate air in the first indoor space by the air conveyor when the gas concentration measured by the second gas concentration measurer is less than the predetermined concentration (and to circulate air in the first indoor space by the air conveyor when the gas concentration measured by the first gas concentration measurer is equal to or more than the predetermined concentration (Page 10, Par. 2-4, If the measured value of CO2 concentration is equal to or higher than the set value (No at Step S11), the ventilator 100 returns the procedure to Step S5, and performs normal ventilation with a ventilation air volume Q B larger than the ventilation air volume Q A to continue). wherein the determiner determines to perform the air conveyance from the first indoor space to the second indoor space by the air conveyor when the gas concentration measured by the second gas concentration measurer is equal to or more than a predetermined concentration (page 10, If the measured value of CO2 concentration is equal to or higher than the set value, the ventilator returns the procedure, and performs normal ventilation with a ventilation air volume larger than the ventilation air volume to continue). 4.2 Claim(s) 9, 13, 17 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okeya (WO2019058516A1) in view of Choi (US 20040237571 A1) further in view of Zhou (US 11,692,728 B2) further in view of Ryoichi (JP 2016-40504 A). Regarding claim 9, the combination of Okeya, Choi and Zhou disclose the limitations of claim 7 and 8, but fail to disclose the limitations of claim 9. However, Ryoichi discloses the limitation of claim 9 as follow: Regarding claim 9, Ryoichi discloses an illuminance measurer structured to measure illuminance of the second indoor space, wherein the determiner determines to perform the air conveyance from the first indoor space to the second indoor space by the air conveyor when the illuminance measured by the illuminance measurer satisfies a predetermined condition (Page 1, Page 4, the control unit performs the operation in the silent mode when the illuminance detected by the illuminance sensor is equal to or lower than a predetermined level); and to circulate air in the first indoor space by the air conveyor when a predetermined period has elapsed since execution of air conveyance (page 3, Par. 3-4, Page 4, When the position of the air supply filter is changed in step S506 and the cleaning operation of the air supply filter 41 is started, the timekeeping operation is performed for the duration TE2 of the cleaning operation of the air supply filter 41 (step S507). It is monitored whether or not the operation time TE2 has reached a predetermined duration Ts2 for air supply filter cleaning (step S508). The predetermined duration Ts2 related to cleaning of the air supply filter 41 is, for example, a time that is within or outside 30 seconds. Until the time Ts2 is reached, the cleaning operation of the air supply filter 41 is continued). Ryichi, Okeya, Choi and Zhou are analogous art. They relate to air flow management. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify an air conditioning and ventilating system, taught by Ryichi, incorporated with the teaching of Zhou, Okeya and Choi, as state above, in order to allowed the ventilation device performs continuous operation. Regarding claim 13, Okeya discloses first and second gas concentration measurer structured to measure a gas concentration of a predetermined gas contained in the air in the first space (page 5, the control unit measures the CO2 sensor), wherein the determiner determines that the air conveyance from the first space to the second space by the air conveyor when the gas concentration measured by the first gas concentration measurer is equal to or less than a predetermined concentration (Page 6, Page 10, determined whether or not the value of the CO2 concentration is less than the set value; the heat exchange ventilation is switched to the normal ventilation according to the determination, the ventilation device, if the measured CO2 concentration is below the concentration which is set in advance, it changes the ventilation power from the ventilation air volume), and to circulate air in the first indoor space by the air conveyor when the gas concentration measured by the first gas concentration measurer is equal to or more than the predetermined concentration (Page 10, Par. 2-4, If the measured value of CO2 concentration is equal to or higher than the set value (No at Step S11), the ventilator 100 returns the procedure to Step S5, and performs normal ventilation with a ventilation air volume Q B larger than the ventilation air volume Q A to continue). Regarding claims 17 and 21, Okeya discloses a second gas concentration measurer structured to measure a gas concentration of a predetermined gas contained in the air in the second indoor space (Page 2, page 6, the control unit measures the CO2 sensor), and to circulate air in the first indoor space by the air conveyor when the gas concentration measured by the second gas concentration measurer is less than the predetermined concentration (page 10, Par. 8, the ventilation device 100, if the measured CO2 concentration is below the concentration which is set in advance, it changes the ventilation power from the ventilation air volume QB to the ventilation power Q A. The ventilator 100 can maintain a comfortable air environment in the room and reduce unnecessary power consumption); wherein the determiner determines to perform the air conveyance from the first indoor space to the second indoor space by the air conveyor, when the gas concentration measured by the second gas concentration measurer is equal to or more than a predetermined concentration and to circulate air in the first indoor space by the air conveyor when the gas concentration measured by the second gas concentration measurer is less than the predetermined concentration (Page 2, page 10, If the measured value of CO2 concentration is equal to or higher than the set value, the ventilator returns the procedure, and performs normal ventilation with a ventilation air volume larger than the ventilation air volume to continue. heat exchange ventilation, the ventilation air volume is controlled based on the concentration of carbon dioxide (CO2) in the room, and when there is a switch from heat exchange ventilation to ordinary ventilation, it is independent of CO2). Citation Pertinent prior art 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gupta et al. (US 11300310 B2) discloses conditioning at least one room comprises receiving a first temperature target for a first room; determining a current temperature of the room; determining a first amount of forced air required to reach the temperature target based on a thermal inertia of the first room and the current temperature; powering on an HVAC blower; and powering off the blower once the determined first amount of forced air is blown. Conclusion 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed Kidest Worku whose telephone number is 571-272-3737. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ali Mohammad can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone 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. Information regarding the status of an application may be obtained from the Patent Application information Retrieval IPAIRI system. Status information for published applications may be obtained from either Private PMR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAG system, contact the Electronic Business Center (EBC) at 866-217 - 9197. /KIDEST WORKU/Primary Examiner, Art Unit 2119
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Prosecution Timeline

Feb 17, 2023
Application Filed
Jun 06, 2025
Non-Final Rejection — §103
Sep 10, 2025
Response Filed
Oct 21, 2025
Final Rejection — §103
Dec 22, 2025
Response after Non-Final Action
Jan 21, 2026
Request for Continued Examination
Jan 22, 2026
Response after Non-Final Action
Jan 24, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
87%
With Interview (+2.7%)
2y 10m
Median Time to Grant
High
PTA Risk
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