DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant's amendment filed 10/31/2025 has been received and entered into the record. As a result, claims 1-3, 14-16, 19, 22, and 27 have been amended and claims 11-13, 18, and 26 have been canceled. Therefore, claims 1-10, 14-17, 19-25, 27, and 28 are presented for examination.
Claim Objections
Claims 1, 15, and 20 are objected to because of the following informalities:
Claim 1 recites, "value are outside of a predetermined threshold. and [line 9]". The examiner suggests, "value are outside of a predetermined threshold[[.]], and".
Claim 15 recites, "selecting a sensitivity level for at least one pollutant and predetermined threshold for the at least one pollutant [line 2]". The examiner suggests, "selecting a sensitivity level for at least one pollutant and a predetermined threshold for the at least one pollutant".
Claim 20 recites, "selecting a sensitivity level for at least one pollutant and predetermined threshold for the at least one pollutant [line 1]". The examiner suggests, "selecting a sensitivity level for at least one pollutant and a predetermined threshold for the at least one pollutant".
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitations "an exhaust fan" and "a supply fan". Because claim 1 already recites an exhaust fan and a supply fan, it is unclear whether "an exhaust fan" and "a supply fan" recited in claim 4 refers to the exhaust fan and the supply fan of claim 1 or to a different exhaust fan and supply fan. As such, the claim is indefinite.
Claims 5-9 are rejected by virtue of their dependency.
Allowable Subject Matter
Claims 1-3, 10, 14-17, 19-25, 27, and 28 are allowed.
The following is an examiner’s statement of reasons for allowance:
While the prior art of record teaches activating an HVAC blower, ventilator fans, ventilation dampers, and adjusting various thresholds based on measured characteristics, the prior art of record fails to teach or suggest, alone or in combination, where the step of adjusting the predetermined threshold occurs based on a determination that at least one of the exhaust fan and the supply fan have been operating for a predetermined period of time and a determination that one or more pollutant levels have not reached a predetermined, acceptable level within the predetermined period of time as set forth in independent claims 1, 16, 22, in combination with the remaining limitations recited in each claim.
While the prior art of record teaches adjusting sensitivity values and pollutant thresholds, the prior art of record fails to teach or suggest, alone or in combination, calculating a sensitivity value based on the pollutant average and, when the pollutant average is greater than 90% of a preprogrammed pollutant threshold, the sensitivity value is lowered, and when the pollutant average is less than 90% of the preprogrammed pollutant threshold, the sensitivity value is raised, as set forth in independent claims 14, 19, and 27, in combination with the remaining limitations recited in each claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT W CHANG whose telephone number is (571)270-1214. The examiner can normally be reached (M-F) 10:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached at 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINCENT WEN-LIANG CHANG/
Examiner
Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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