Prosecution Insights
Last updated: April 19, 2026
Application No. 18/142,924

OPERATING A FAN-BASED DEVICE TOGETHER WITH AN AIR PURIFIER TO ACHIEVE A COMBINED EFFECT

Non-Final OA §102§103
Filed
May 03, 2023
Examiner
CAMPBELL, JOSHUA D
Art Unit
3992
Tech Center
3900
Assignee
Sensibo Ltd.
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
3y 11m
To Grant
74%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
88 granted / 137 resolved
+4.2% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
15 currently pending
Career history
152
Total Applications
across all art units

Statute-Specific Performance

§101
11.0%
-29.0% vs TC avg
§103
31.5%
-8.5% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
26.3%
-13.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 137 resolved cases

Office Action

§102 §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 . This action is Non-Final. Status of Claims Claims 1-3 and 5-20 are rejected as discussed below. Claim 4 is objected to as being allowable as discussed below. 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 (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 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)(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. Claim(s) 1, 8-10, 16, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Morgan et al. (U.S. Patent No. 12,078,373, hereinafter Morgan). Regarding independent claim 1, Morgan discloses a method operated in an environment where an air purifier and a fan-based device are deployed, wherein the air purifier and the fan-based device are physically separated, wherein the air purifier is being operated to purify an air within the environment, the method comprising: The mitigation devices 424 include: (i) the condensing unit 164, (ii) the air handler unit 136 (e.g., the circulator blower 108), (iii) an air cleaner/purifier 428, (iv) a humidifier 432, (v) a dehumidifier 436, and (vi) a ventilator 440. The air cleaner/purifier 428 may be separate from the air handler unit 136 (e.g., a standalone air cleaner/purifier). In various implementations, the air handler unit 136 may serve as the air cleaner/purifier 428. The air cleaner/purifier 428 draws in air and forces the air through a filter before expelling filtered air to the building. The filter may be rated (e.g., minimum efficiency reporting value, MERV) to remove a predetermined amount (e.g., 95%) of particulate of the size measured by the particulate sensor 316. Operation of the air cleaner/purifier 428 may include whether the air cleaner/purifier 428 is on or off and, when on, a speed of the air cleaner/purifier 428. The air cleaner/purifier 428 may have a single speed or multiple discrete speeds. (column 19, lines 30-36 of Morgan, emphasis added) determining an operation to be performed by the fan-based device, wherein the operation is configured to achieve a desired effect together with a purifying operation of the air purifier, wherein said determining the operation comprises selecting a configuration for the fan-based device that is configured to cause the fan- based device to perform the operation; and The thermostat 208 therefore controls operation of the mitigation devices 424 based on all of the parameters measured by the IAQ sensor module 304 in an attempt to: adjust the temperature within a predetermined temperature range, adjust the RH within a predetermined RH range, adjust the amount of particulate (if measured) to less than a predetermined amount of particulate, adjust the amount of VOCs (if measured) to less than a predetermined amount of VOCs, and to adjust the amount of carbon dioxide (if measured) to less than a predetermined amount of carbon dioxide. (column 21, lines 55-65 of Morgan) The mitigation module 1004 may turn the ventilator 440 on when the amount of VOCs measured by the VOC sensor 320 is greater than a first VOC threshold. The mitigation module 1004 may leave the ventilator 440 on until the amount of VOCs measured by the VOC sensor 320 is less than a second VOC threshold. The mitigation module 1004 may turn the ventilator 440 off when the amount of VOCs measured by the VOC sensor 320 is less than the second VOC threshold. The mitigation module 1004 may turn the ventilator 440 on when the amount of carbon dioxide measured by the carbon dioxide sensor 324 is greater than a first carbon dioxide threshold. The mitigation module 1004 may leave the ventilator 440 on until the amount of carbon dioxide measured by the carbon dioxide sensor 324 is less than a second carbon dioxide threshold. The mitigation module 1004 may turn the ventilator 440 off when the amount of carbon dioxide measured by the carbon dioxide sensor 324 is less than the second carbon dioxide threshold. (column 27, lines 18-36 of Morgan) Generally, a mitigation module 1004 selectively turns on and off ones of the mitigation devices 424 based on the associated ones of the IAQ parameters and respective thresholds. For example, the mitigation module 1004 may turn the air cleaner/purifier 428 on when the amount of particulate measured by the particulate sensor 316 is greater than a first threshold amount of particulate. The mitigation module 1004 may leave the air cleaner/purifier 428 on until the amount of particulate measured by the particulate sensor 316 is less than the second threshold amount of particulate. The mitigation module 1004 may turn the air cleaner/purifier 428 off when the amount of particulate measured by the particulate sensor 316 is less than the second threshold amount of particulate. (column 28, lines 27-50 of Morgan) The thermostat 116 may direct that the circulator blower 108 be turned on at all times or only when a heat request or cool request is present (automatic fan mode). In various implementations, the circulator blower 108 can operate at one or more discrete speeds or at any speed within a predetermined range. For example, the control module 112 may switch one or more switching relays (not shown) to control the circulator blower 108 and/or to select a speed of the circulator blower 108. (column 14, lines 27-35 of Morgan, emphasis added) instructing the fan-based device to implement the configuration, whereby causing the fan-based device to perform the operation; whereby the air purifier and the fan-based device achieve the desired effect together. The thermostat 208 therefore controls operation of the mitigation devices 424 based on all of the parameters measured by the IAQ sensor module 304 in an attempt to: adjust the temperature within a predetermined temperature range, adjust the RH within a predetermined RH range, adjust the amount of particulate (if measured) to less than a predetermined amount of particulate, adjust the amount of VOCs (if measured) to less than a predetermined amount of VOCs, and to adjust the amount of carbon dioxide (if measured) to less than a predetermined amount of carbon dioxide. (column 21, lines 55-65 of Morgan) As shown in the citations above, Morgan discusses control the operations of all mitigation devices based on measured parameters, thus Morgan discloses operating the “circulator blower”, “ventilator”, and “air purifier” together in order to achieve the desired parameters. Fig. 11 provides an example of said parameters that would be maintained. PNG media_image1.png 352 766 media_image1.png Greyscale (Fig. 11 of Morgan) Regarding dependent claim 8, Morgan discloses a method of Claim 1, wherein the configuration for the fan-based device is a mode of air re-circulation of the fan-based device, whereby affecting the operation of the air purifier by the fan-based device. The thermostat 116 may direct that the circulator blower 108 be turned on at all times or only when a heat request or cool request is present (automatic fan mode). In various implementations, the circulator blower 108 can operate at one or more discrete speeds or at any speed within a predetermined range. For example, the control module 112 may switch one or more switching relays (not shown) to control the circulator blower 108 and/or to select a speed of the circulator blower 108. (column 14, lines 27-35 of Morgan, emphasis added) As shown in the citations above, Morgan discusses control the operations of all mitigation devices based on measured parameters, thus Morgan discloses operating the “circulator blower”, “ventilator”, and “air purifier” together in order to achieve the desired parameters. Fig. 11 provides an example of said parameters that would be maintained. PNG media_image1.png 352 766 media_image1.png Greyscale (Fig. 11 of Morgan) Regarding dependent claim 9, Morgan discloses a method of Claim 8, wherein the mode of air re-circulation of the fan-based device is determined based on an air pollution level at the environment and an air pollution level at a location external to the environment. Morgan discusses control the operations of all mitigation devices based on measured parameters, thus Morgan discloses operating the “circulator blower” and/or the “ventilator” with the “air purifier” together in order to achieve the desired parameters. Fig. 11 provides an example of said parameters that would be maintained. PNG media_image1.png 352 766 media_image1.png Greyscale (Fig. 11 of Morgan) Regarding dependent claim 10, Morgan discloses a method of Claim 1, wherein the desired effect is an increase in a coverage of an air circulation in the environment, wherein the operation is selected from the group consisting of: an increase of a fan-speed of the fan-based device; and a change in a direction of an air output from the fan-based device. The thermostat 116 may direct that the circulator blower 108 be turned on at all times or only when a heat request or cool request is present (automatic fan mode). In various implementations, the circulator blower 108 can operate at one or more discrete speeds or at any speed within a predetermined range. For example, the control module 112 may switch one or more switching relays (not shown) to control the circulator blower 108 and/or to select a speed of the circulator blower 108. (column 14, lines 27-35 of Morgan, emphasis added) Regarding independent claims 16 and 20 and dependent claim 17, the claims are substantially similar to claims 1 and 10. Thus, the claims are rejected along the same rationale as claims 1 and 10. 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. Claim(s) 2, 3, 5, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morgan et al. (U.S. Patent No. 12,078,373, hereinafter Morgan) in view of Sloo et al. (U.S. Patent No. 10,540,864, hereinafter Sloo). Regarding dependent claims 2 and 18, Morgan discloses the ability to reduce sound emitted by the air purifier and fan-based device by lowering the fan speeds of said devices The mitigation devices 424 include: (i) the condensing unit 164, (ii) the air handler unit 136 (e.g., the circulator blower 108), (iii) an air cleaner/purifier 428, (iv) a humidifier 432, (v) a dehumidifier 436, and (vi) a ventilator 440. The air cleaner/purifier 428 may be separate from the air handler unit 136 (e.g., a standalone air cleaner/purifier). In various implementations, the air handler unit 136 may serve as the air cleaner/purifier 428. The air cleaner/purifier 428 draws in air and forces the air through a filter before expelling filtered air to the building. The filter may be rated (e.g., minimum efficiency reporting value, MERV) to remove a predetermined amount (e.g., 95%) of particulate of the size measured by the particulate sensor 316. Operation of the air cleaner/purifier 428 may include whether the air cleaner/purifier 428 is on or off and, when on, a speed of the air cleaner/purifier 428. The air cleaner/purifier 428 may have a single speed or multiple discrete speeds. (column 19, lines 30-36 of Morgan, emphasis added) The thermostat 116 may direct that the circulator blower 108 be turned on at all times or only when a heat request or cool request is present (automatic fan mode). In various implementations, the circulator blower 108 can operate at one or more discrete speeds or at any speed within a predetermined range. For example, the control module 112 may switch one or more switching relays (not shown) to control the circulator blower 108 and/or to select a speed of the circulator blower 108. (column 14, lines 27-35 of Morgan, , emphasis added) Morgan does not disclose said determining the operation is performed in response to a determination that a noise constraint within the environment is violated, wherein the desired effect is a decrease in a sound produced by fans of the air purifier and the fan-based device, wherein the configuration is configured to reduce a sound emitted by the fan-based device. However, Sloo discloses determining the operation is performed in response to a determination that a noise constraint within the environment is violated, wherein the desired effect is a decrease in a sound produced by fans of the air purifier and the fan-based device, wherein the configuration is configured to reduce a sound emitted by the fan-based device. Further, according to embodiments, the smart thermostats 102 enter “quiet time” mode upon determining that an occupant of the home are sleeping. According to embodiments, to determine that occupants are sleeping, smart-home environment 100 leverages the sensors of the smart devices located in the mesh network of the smart-home environment in combination with rules-based inference engines or artificial intelligence provided at the central server or cloud-computing system 164. According to embodiments, the smart devices in the smart-home environment 100 that happens to be closest to an occupant when that occupant falls asleep transmit a message indicating that the occupant has stopped moving and appears to be sleeping. The message will be transmitted through the mesh network to the smart thermostats 102, which will then enter “quiet time” mode. (column 16, lines 9-24 of Sloo) In some embodiments, the smart-home environment 100 of FIG. 1 further includes one or more intelligent, multi-sensing, network-connected wall switches 108 (hereinafter referred to as “smart wall switches 108”), along with one or more intelligent, multi-sensing, network-connected wall plug interfaces 110 (hereinafter referred to as “smart wall plugs 110”). The smart wall switches 108 may detect ambient lighting conditions, detect room-occupancy states, and control a power and/or dim state of one or more lights. In some instances, smart wall switches 108 may also control a power state or speed of a fan, such as a ceiling fan. The smart wall plugs 110 may detect occupancy of a room or enclosure and control supply of power to one or more wall plugs (e.g., such that power is not supplied to the plug if nobody is home). (column 6, line 60-column 7, line 7 of Sloo, emphasis added) It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Morgan with the teachings of Sloo because it would have allowed the systems to make “as little noise as possible” during periods where it is determined that noise should be constrained (“quiet time”) (column 15, lines 35-49 of Sloo). Regarding dependent claim 3, Morgan discloses instructing the air purifier to reduce a fan speed, whereby reducing sound emitted by the air purifier. The IAQ control module 404 and/or the thermostat 208 control operation (e.g., on, off, speed, etc.) of mitigation devices 424 based on the measurements from the IAQ sensor module 304. For example, the measurements of the IAQ sensor module 304 may be provided to the thermostat 208 and the thermostat 208 may control operation of the mitigation devices 424 in various implementations (e.g., FIG. 4A). The IAQ control module 404 can be omitted in such implementations. While the example of the thermostat 208 controlling the mitigation devices 424 will be discussed, alternatively the IAQ control module 404 may control operation of the mitigation devices 424 (e.g., FIG. 4B), or the thermostat 208 and the IAQ control module 404 may together control the mitigation devices 424 (e.g., FIG. 4C). (column 19, lines 8-22 of Morgan) The mitigation devices 424 include: (i) the condensing unit 164, (ii) the air handler unit 136 (e.g., the circulator blower 108), (iii) an air cleaner/purifier 428, (iv) a humidifier 432, (v) a dehumidifier 436, and (vi) a ventilator 440. The air cleaner/purifier 428 may be separate from the air handler unit 136 (e.g., a standalone air cleaner/purifier). In various implementations, the air handler unit 136 may serve as the air cleaner/purifier 428. The air cleaner/purifier 428 draws in air and forces the air through a filter before expelling filtered air to the building. The filter may be rated (e.g., minimum efficiency reporting value, MERV) to remove a predetermined amount (e.g., 95%) of particulate of the size measured by the particulate sensor 316. Operation of the air cleaner/purifier 428 may include whether the air cleaner/purifier 428 is on or off and, when on, a speed of the air cleaner/purifier 428. The air cleaner/purifier 428 may have a single speed or multiple discrete speeds. (column 19, lines 30-36 of Morgan, emphasis added) Regarding dependent claim 5, Morgan does not disclose said determining comprises detecting a presence of a living subject in the environment, and determining the noise constraint based on the presence of the living subject in the environment. However, Sloo discloses that determining comprises detecting a presence of a living subject in the environment, and determining the noise constraint based on the presence of the living subject in the environment. Further, according to embodiments, the smart thermostats 102 enter “quiet time” mode upon determining that an occupant of the home are sleeping. According to embodiments, to determine that occupants are sleeping, smart-home environment 100 leverages the sensors of the smart devices located in the mesh network of the smart-home environment in combination with rules-based inference engines or artificial intelligence provided at the central server or cloud-computing system 164. According to embodiments, the smart devices in the smart-home environment 100 that happens to be closest to an occupant when that occupant falls asleep transmit a message indicating that the occupant has stopped moving and appears to be sleeping. The message will be transmitted through the mesh network to the smart thermostats 102, which will then enter “quiet time” mode. (column 16, lines 9-24 of Sloo) In some embodiments, the smart-home environment 100 of FIG. 1 further includes one or more intelligent, multi-sensing, network-connected wall switches 108 (hereinafter referred to as “smart wall switches 108”), along with one or more intelligent, multi-sensing, network-connected wall plug interfaces 110 (hereinafter referred to as “smart wall plugs 110”). The smart wall switches 108 may detect ambient lighting conditions, detect room-occupancy states, and control a power and/or dim state of one or more lights. In some instances, smart wall switches 108 may also control a power state or speed of a fan, such as a ceiling fan. The smart wall plugs 110 may detect occupancy of a room or enclosure and control supply of power to one or more wall plugs (e.g., such that power is not supplied to the plug if nobody is home). (column 6, line 60-column 7, line 7 of Sloo, emphasis added) It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Morgan with the teachings of Sloo because it would have allowed the systems to make “as little noise as possible” during periods where it is determined that noise should be constrained (“quiet time”) (column 15, lines 35-49 of Sloo). Claim(s) 6, 7, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morgan et al. (U.S. Patent No. 12,078,373, hereinafter Morgan) in view of Desmet et al. (U.S. Patent Application Publication No. 2019/0162433, hereinafter Desmet). Regarding dependent claims 6 and 19, Morgan discloses detecting a location of a living subject in the environment; According to the present disclosure, an indoor air quality (IAQ) sensor module can be used with one or more mitigation devices of a residential or light commercial HVAC (heating, ventilation, and/or air conditioning) system of a building and/or one or more other mitigation devices. The IAQ sensor module includes one, more than one, or all of a temperature sensor, a relative humidity (RH) sensor, a particulate sensor, a volatile organic compound (VOC) sensor, and a carbon dioxide (CO.sub.2) sensor. The IAQ sensor module may also include one or more other IAQ sensors, such as occupancy, barometric pressure, light, sound, etc. The temperature sensor senses a temperature of air at the location of the IAQ sensor. The RH sensor measures a RH of air at the location of the IAQ sensor. The particulate sensor measures an amount (e.g., concentration) of particulate greater than a predetermined size in the air at the location of the IAQ sensor. The VOC sensor measures an amount of VOCs in the air at the location of the IAQ sensor. The carbon dioxide sensor measures an amount of carbon dioxide in the air at the location of the IAQ sensor. Other IAQ sensors would measure an amount of a substance or condition in the air at the location of the IAQ sensor. (column 10, lines 21-42 of Morgan, emphasis added) Morgan does not disclose determining a target area based on the location of the living subject; wherein the desired result is focusing air circulation at the target area, whereby directing air flow of purified air to the living subject, wherein the purified air is purified by the air purifier. However, Desmet discloses determining a target area based on the location of the living subject; wherein the desired result is focusing air circulation at the target area, whereby directing air flow of purified air to the living subject, wherein the purified air is purified by the air purifier. The system may include an HVAC system for conditioning the space, which HVAC system may be controlled by the controller. The system may further include a plurality of sensors, each for sensing a condition in at least one of the zones. Each sensor may be connected to at least one fan in the zone. Each sensor may be fixedly mounted within the zone other than to the fan. At least one of the fans further includes a light, and the controller may be adapted to control the light. The system may further include an automated blind, and the controller may be adapted for controlling the automated blind. The fan may include any one or more of a wireless signal booster, a camera, a speaker, a sound generator, an air purifier, a scent generator, or any combination thereof. The controller may be adapted to determine a control response based upon an average or a particular temperature set range and a thermal and/or occupancy condition in each individual zone. The controller may be adapted to activate or shutdown a fan in any zone depending upon a sensed thermal and/or occupancy condition. The controller may be adapted for controlling an HVAC system for supplying air to the space, and further including one or more automated dampers for automatically diverting air to occupied zones and away from unoccupied zones. (paragraphs [0009], [0010], and [0012] of Desmet) Also, master control system (160) may be programmed to activate a device for cleaning air within a space, such as through an air purifier (e.g., a filtering apparatus, a UV light generator, etc). (paragraph [0102] of Desmet) It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Morgan with the teachings of Desmet because it would have allowed the avoidance of pockets air in locations that do not benefit the occupants and improvement in efficiency of the system (paragraph [0004] of Desmet). Regarding dependent claim 7, Morgan discloses determining an air quality level at a target area, wherein the operation is subject to the air quality level being below a threshold, whereby improving air quality at the target area. According to the present disclosure, an indoor air quality (IAQ) sensor module can be used with one or more mitigation devices of a residential or light commercial HVAC (heating, ventilation, and/or air conditioning) system of a building and/or one or more other mitigation devices. The IAQ sensor module includes one, more than one, or all of a temperature sensor, a relative humidity (RH) sensor, a particulate sensor, a volatile organic compound (VOC) sensor, and a carbon dioxide (CO.sub.2) sensor. The IAQ sensor module may also include one or more other IAQ sensors, such as occupancy, barometric pressure, light, sound, etc. The temperature sensor senses a temperature of air at the location of the IAQ sensor. The RH sensor measures a RH of air at the location of the IAQ sensor. The particulate sensor measures an amount (e.g., concentration) of particulate greater than a predetermined size in the air at the location of the IAQ sensor. The VOC sensor measures an amount of VOCs in the air at the location of the IAQ sensor. The carbon dioxide sensor measures an amount of carbon dioxide in the air at the location of the IAQ sensor. Other IAQ sensors would measure an amount of a substance or condition in the air at the location of the IAQ sensor. (column 10, lines 21-42 of Morgan, emphasis added) Generally, a mitigation module 1004 selectively turns on and off ones of the mitigation devices 424 based on the associated ones of the IAQ parameters and respective thresholds. For example, the mitigation module 1004 may turn the air cleaner/purifier 428 on when the amount of particulate measured by the particulate sensor 316 is greater than a first threshold amount of particulate. The mitigation module 1004 may leave the air cleaner/purifier 428 on until the amount of particulate measured by the particulate sensor 316 is less than the second threshold amount of particulate. The mitigation module 1004 may turn the air cleaner/purifier 428 off when the amount of particulate measured by the particulate sensor 316 is less than the second threshold amount of particulate. (column 28, lines 27-50 of Morgan) Morgan does not disclose determining an air quality level at the target area as described in claim 6, wherein the operation is subject to the air quality level being below a threshold, whereby improving air quality at the target area. As shown in FIG. 3, exemplary thermal comfort control system (100) described above may be combined with any number of climate and environmental control products, and the capabilities and operations discussed above may be configured to include any number of climate and environmental control products. An example of such an additional product would be automated blinds (920) that may be opened or closed depending upon the light levels being introduced into the space at any particular moment. Another example of such a product would be an air purifier (922) that may be utilized to improve the air quality within a room based upon air quality measurements taken by sensors (130, 140) described above. Yet another example of such a product would be an air humidifier or dehumidifier (924) to control the relative humidity within a room based upon the relative humidity measurements taken by sensors (130,140). Yet another example of such a product would be a water heater (926). Yet another example of such a product would be a scent generator (928) which may include an air freshener to distribute aromatic scents throughout all the spaces or only particular spaces. Master control system (160) may also be integrated with other network systems that will allow for additional features to be controlled such as lighting and music among others. (paragraph [0102] of Desmet) The system may include an HVAC system for conditioning the space, which HVAC system may be controlled by the controller. The system may further include a plurality of sensors, each for sensing a condition in at least one of the zones. Each sensor may be connected to at least one fan in the zone. Each sensor may be fixedly mounted within the zone other than to the fan. At least one of the fans further includes a light, and the controller may be adapted to control the light. The system may further include an automated blind, and the controller may be adapted for controlling the automated blind. The fan may include any one or more of a wireless signal booster, a camera, a speaker, a sound generator, an air purifier, a scent generator, or any combination thereof. The controller may be adapted to determine a control response based upon an average or a particular temperature set range and a thermal and/or occupancy condition in each individual zone. The controller may be adapted to activate or shutdown a fan in any zone depending upon a sensed thermal and/or occupancy condition. The controller may be adapted for controlling an HVAC system for supplying air to the space, and further including one or more automated dampers for automatically diverting air to occupied zones and away from unoccupied zones. (paragraphs [0009], [0010], and [0012] of Desmet) Also, master control system (160) may be programmed to activate a device for cleaning air within a space, such as through an air purifier (e.g., a filtering apparatus, a UV light generator, etc). (paragraph [0102] of Desmet) It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Morgan with the teachings of Desmet because it would have allowed the avoidance of pockets air in locations that do not benefit the occupants and improvement in efficiency of the system (paragraph [0004] of Desmet). Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morgan et al. (U.S. Patent No. 12,078,373, hereinafter Morgan) in view of Kelly et al. (Chinese Patent Application Publication No. CN 110617602 A, hereinafter Kelly, translation provided). Regarding dependent claim 11, Morgan discloses determining that a current coverage of air circulation in the environment is insufficient, wherein said determining that the current coverage is insufficient comprises: determining a difference between an expected speed of air purification by the air purifier, and a measured speed of air purification, wherein the measured speed of air purification is measured using a sensor. The thresholds module 1012 may initially set the thresholds to predetermined values by default. FIG. 11 includes a table of example default thresholds for turning on and off the respective mitigation devices. The arrows indicate the directions of change of the respective IAQ parameters when the respective mitigation devices are on. One or more of the default thresholds, however, may be too high or too low for the building, for example, based on capabilities of mitigation devices, accuracy of IAQ sensors, etc. Thresholds that are too high or too low may cause the mitigation module 1004 to turn on one or more of the mitigation devices 424 more frequently than expected and/or to maintain one or more of the mitigation devices 424 on for longer than expected periods. (column 28, lines 35-48 of Morgan, emphasis added) In further features, the method further includes indicating that the mitigation device is experiencing normal operation when the change is one of less than a lower limit of the predetermined range and greater than an upper limit of the predetermined range. In further features, generating the alert indicative of the fault includes generating the alert indicative of the fault in the mitigation device when the change is the other one of less than the lower limit of the predetermined range and greater than the upper limit of the predetermined range. (column 8, line 65-column 9, line 2 of Morgan, emphasis added) For example, the control module and/or the thermostat may turn on a dehumidifier when the RH is greater than an upper dehumidification RH limit and maintain the dehumidifier on until the RH becomes less than a lower dehumidification RH limit. The control module and/or the thermostat may turn on a humidifier when the RH is less than a lower humidification RH limit and maintain the humidifier on until the RH becomes greater than an upper humidification RH limit. The control module and/or the thermostat may turn on a particulate decreasing device (e.g., an air cleaner/purifier) when the amount of particulate is greater than an upper particulate limit and maintain the particulate decreasing device on until the amount of particulate becomes less than a lower particulate limit. The control module and/or the thermostat may turn on a carbon dioxide decreasing device (e.g., a ventilator) when the amount of carbon dioxide is greater than an upper carbon dioxide limit and maintain the carbon dioxide decreasing device on until the amount of carbon dioxide becomes less than a lower carbon dioxide limit. The control module and/or the thermostat may turn on a VOC decreasing device (e.g., a ventilator or an air/cleaner purifier) when the amount of VOCs is greater than an upper VOC limit and maintain the VOC decreasing device on until the amount of VOCs becomes less than a lower VOC limit. The limits may be set to predetermined values by default. The limits, however, may be too high or too low for the building under some circumstances. The limits being too high or too low may cause over-use of one or more mitigation devices. The control module may therefore adjust (increase or decrease) one or more of the limits. (column 11, lines 9-39 of Morgan, emphasis added) Morgan does not explicitly disclose that the expected speed of air purification is determined based on a volume of air in the environment. However, Kelly discloses the expected speed of air purification is determined based on a volume of air in the environment Alternatively, the processor is further configured to use a algorithm as an algorithm parameter of ventilation rate of the volume of the indoor space and the indoor space and outdoor space between in the horizontal CO2 indoor space to estimate reference reduction rate. (page 4 of Kelly translation) It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Morgan with the teachings of Kelly because the resulting estimate calculation would be accurately tailored to the indoor space in question (page 4 of Kelly translation). Regarding dependent claim 12, Morgan discloses in response to a determination that the measured speed of air purification is higher than the expected speed of air purification, determining that the current coverage is insufficient. In further features, the method further includes indicating that the mitigation device is experiencing normal operation when the change is one of less than a lower limit of the predetermined range and greater than an upper limit of the predetermined range. In further features, generating the alert indicative of the fault includes generating the alert indicative of the fault in the mitigation device when the change is the other one of less than the lower limit of the predetermined range and greater than the upper limit of the predetermined range. (column 8, line 65-column 9, line 2 of Morgan, emphasis added) For example, the control module and/or the thermostat may turn on a dehumidifier when the RH is greater than an upper dehumidification RH limit and maintain the dehumidifier on until the RH becomes less than a lower dehumidification RH limit. The control module and/or the thermostat may turn on a humidifier when the RH is less than a lower humidification RH limit and maintain the humidifier on until the RH becomes greater than an upper humidification RH limit. The control module and/or the thermostat may turn on a particulate decreasing device (e.g., an air cleaner/purifier) when the amount of particulate is greater than an upper particulate limit and maintain the particulate decreasing device on until the amount of particulate becomes less than a lower particulate limit. The control module and/or the thermostat may turn on a carbon dioxide decreasing device (e.g., a ventilator) when the amount of carbon dioxide is greater than an upper carbon dioxide limit and maintain the carbon dioxide decreasing device on until the amount of carbon dioxide becomes less than a lower carbon dioxide limit. The control module and/or the thermostat may turn on a VOC decreasing device (e.g., a ventilator or an air/cleaner purifier) when the amount of VOCs is greater than an upper VOC limit and maintain the VOC decreasing device on until the amount of VOCs becomes less than a lower VOC limit. The limits may be set to predetermined values by default. The limits, however, may be too high or too low for the building under some circumstances. The limits being too high or too low may cause over-use of one or more mitigation devices. The control module may therefore adjust (increase or decrease) one or more of the limits. (column 11, lines 9-39 of Morgan, emphasis added) Regarding dependent claim 13, Morgan discloses the measured speed of air purification is measured using at least two sensor readings by the sensor. For example, the control module and/or the thermostat may turn on a dehumidifier when the RH is greater than an upper dehumidification RH limit and maintain the dehumidifier on until the RH becomes less than a lower dehumidification RH limit. The control module and/or the thermostat may turn on a humidifier when the RH is less than a lower humidification RH limit and maintain the humidifier on until the RH becomes greater than an upper humidification RH limit. The control module and/or the thermostat may turn on a particulate decreasing device (e.g., an air cleaner/purifier) when the amount of particulate is greater than an upper particulate limit and maintain the particulate decreasing device on until the amount of particulate becomes less than a lower particulate limit. The control module and/or the thermostat may turn on a carbon dioxide decreasing device (e.g., a ventilator) when the amount of carbon dioxide is greater than an upper carbon dioxide limit and maintain the carbon dioxide decreasing device on until the amount of carbon dioxide becomes less than a lower carbon dioxide limit. The control module and/or the thermostat may turn on a VOC decreasing device (e.g., a ventilator or an air/cleaner purifier) when the amount of VOCs is greater than an upper VOC limit and maintain the VOC decreasing device on until the amount of VOCs becomes less than a lower VOC limit. The limits may be set to predetermined values by default. The limits, however, may be too high or too low for the building under some circumstances. The limits being too high or too low may cause over-use of one or more mitigation devices. The control module may therefore adjust (increase or decrease) one or more of the limits. (column 11, lines 9-39 of Morgan, emphasis added) Morgan does not explicitly disclose that the air purifier comprises the sensor. However, Kelly discloses the sensors can be integrated into to the air purifier. sensors 21, 23 can be integrated in any suitable device, such as fresh air purifying device 50, computing device 30, or independent sensor devices 20, such as a sensor box and so on. independent sensor devices, such as sensor box, are increasingly available for home use, and may comprises a device for measuring air pollutants as well as relative humidity and temperature of the environment parameter of the sensor, air pollutants such as including formaldehyde and toluene of volatile organic compound (VOC), comprises particles of PM2.5. Processor 31 may be adapted based on sensor device 20 by the sensor 21 provides sensor data to monitor the concentration of a particular contaminant. In an embodiment, the processor 31 can be integrated into this independent sensor device 20, i.e., independent sensor devices 20 may include computing device 30. (page 6 of Kelly translation, emphasis added) It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Morgan with the teachings of Kelly because Kelly offers a teaching that the sensors could be internal to the air purifier or separate from the air purifier (as disclosed in Morgan), “sensors 21, 23 can be integrated in any suitable device, such as fresh air purifying device 50, computing device 30, or independent sensor devices 20, such as a sensor box and so on” (page 6 of Kelly translation). Thus, using sensors that are internal to the air purifier in place of sensors that are separate from the air purifier would be nothing more than a simple substitution of one known element (sensor that is internal to the air purifier) with another known element (sensor that is independent of the air purifier as presented in Morgan) to obtain predictable results (see KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Regarding dependent claim 14, Morgan does not explicitly disclose that the measured speed of air purification is measured without using any air quality sensor external to the air purifier. sensors 21, 23 can be integrated in any suitable device, such as fresh air purifying device 50, computing device 30, or independent sensor devices 20, such as a sensor box and so on. independent sensor devices, such as sensor box, are increasingly available for home use, and may comprises a device for measuring air pollutants as well as relative humidity and temperature of the environment parameter of the sensor, air pollutants such as including formaldehyde and toluene of volatile organic compound (VOC), comprises particles of PM2.5. Processor 31 may be adapted based on sensor device 20 by the sensor 21 provides sensor data to monitor the concentration of a particular contaminant. In an embodiment, the processor 31 can be integrated into this independent sensor device 20, i.e., independent sensor devices 20 may include computing device 30. (page 6 of Kelly translation, emphasis added) It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Morgan with the teachings of Kelly because Kelly offers a teaching that the sensors could be internal to the air purifier or separate from the air purifier (as disclosed in Morgan), “sensors 21, 23 can be integrated in any suitable device, such as fresh air purifying device 50, computing device 30, or independent sensor devices 20, such as a sensor box and so on” (page 6 of Kelly translation). Thus, using sensors that are internal to the air purifier in place of sensors that are separate from the air purifier would be nothing more than a simple substitution of one known element (sensor that is internal to the air purifier) with another known element (sensor that is independent of the air purifier as presented in Morgan) to obtain predictable results (see KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morgan et al. (U.S. Patent No. 12,078,373, hereinafter Morgan) in view of Lee (U.S. Patent No. 11,408,629). Regarding dependent claim 15, Morgan discloses the use of ventilation in conjunction with the air purifier. As shown in the citations above, Morgan discusses control the operations of all mitigation devices based on measured parameters, thus Morgan discloses operating the “circulator blower”, “ventilator”, and “air purifier” together in order to achieve the desired parameters. Fig. 11 provides an example of said parameters that would be maintained. PNG media_image1.png 352 766 media_image1.png Greyscale (Fig. 11 of Morgan) Morgan does not specifically disclose the increase in the coverage of the air circulation is achieved by instructing to open a window in response to determining that a measured air pollution of outside air is lower than a measured air pollution of inside air. However, Lee discloses determining increase in the coverage of the air circulation is achieved by instructing to open a window in response to determining that a measured air pollution of outside air is lower than a measured air pollution of inside air. In other words, when the real-time internal dust concentration is higher than the real-time external dust concentration, ventilation may be helpful for purification. In this case, by operating the ventilation system such as opening a window instead of purification using an air cleaner, there is an advantage that purification of air is achieved while saving energy. (column 29, lines 14-20 of Lee, see also Fig. 11) It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Morgan with the teachings of Lee because it would have allowed purification while saving energy (column 29, lines 14-20 of Lee, see also Fig. 11). Allowable Subject Matter Claim 4 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 (Claim 1) and any intervening claims (Claim 2). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA D CAMPBELL whose telephone number is (571)272-4133. The examiner can normally be reached 7:30-4:00 M-F. 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, Alexander Kosowski can be reached at (571) 272-3744. 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. /JOSHUA D CAMPBELL/Primary Examiner, Art Unit 3992
Read full office action

Prosecution Timeline

May 03, 2023
Application Filed
Jul 08, 2025
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent RE50868
METHOD OF PROVIDING NOTIFICATION AND ELECTRONIC DEVICE SUPPORTING SAME
2y 5m to grant Granted Apr 14, 2026
Patent 12553633
ELECTRICAL APPARATUS SETTING METHOD AND ELECTRONIC DEVICE
2y 5m to grant Granted Feb 17, 2026
Patent RE50765
IMAGE PROCESSING APPARATUS HAVING REPORT PRINTING FUNCTION, METHOD OF CONTROLLING IMAGE PROCESSING APPARATUS, AND STORAGE MEDIUM
2y 5m to grant Granted Jan 27, 2026
Patent RE50660
PRINTING APPARATUS CAPABLE OF CANCELLING PRINT JOB BASED ON USER OPERATION, CONTROL METHOD FOR PRINTING APPARATUS, AND STORAGE MEDIUM
2y 5m to grant Granted Nov 11, 2025
Patent RE50640
COMMUNICATION TERMINAL, IMAGE COMMUNICATION SYSTEM, AND DISPLAY CONTROL METHOD
2y 5m to grant Granted Oct 14, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
74%
With Interview (+9.3%)
3y 11m
Median Time to Grant
Low
PTA Risk
Based on 137 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month