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 .
Priority
Acknowledgement is made to Applicant’s claim to priority to National Stage Application No. PCT/JP2022/005044 filed February 9, 2022 and to foreign priority to Japanese Application No. JP2021-020489 filed February 12, 2021.
Status of Claims
This present office action is responsive to the Application filed on July 31, 2023. As directed, claims 1-20 are presently pending in this application.
Specification
The disclosure is objected to because of the following informalities:
¶0001 of instant application recites, “This is a continuation of International Application No. PCT/JP2022/005044 filed on February 9, 2022, which claims priority to Japanese Patent Application No. 2021- 020489, filed on February 12, 2021. The entire disclosures of these applications are incorporated by reference herein.”
Examiner suggest replacing this paragraph with --This is a continuation of International Application No. PCT/JP2022/005044 filed on February 9, 2022, which claims priority to Japanese Patent Application No. 2021- 020489, filed on February 12, 2021.--
Examiner notes that the filing date of the PCT is the filing date for the national stage application. Therefore, any amendment that comes in with or after the filing of the national stage application in the US is not part of the original disclosure. Per MPEP 608.01(p)(I)(B) states that to be effective an incorporation by reference statement must be filing at time of filing and cannot be added after an application’s filing date. Since a 371 application’s filing date is the date the PCT was filed, an amendment in the 371 application to add an incorporation by reference is not effective and improper as new matter.
¶0110-0111, recites the reference characters, “91”, “92”, and “93” respectively. However, there is no associated diagram/figures in the drawings. Examiner suggest removing the reference characters.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
An emission unit in claim 1;
An environment adjustment unit in claim 1;
The corresponding structure of the “emission unit” is interpreted as to the unit capable of supplying gas, liquid or solid with a reservoir and a supply port as described in ¶0024-0025, and 0031-0032.
The corresponding structure of the “environment unit” is interpreted as to the air conditioning unit, and the humidifier and performs at least one of temperature control, humidity control, or airflow control as described in ¶0023-0024, 0066-0075, and 0130.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 1-5, 7-12, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (machine translation of WO 2017149684 A1; cited in IDS filed 7/31/2023) in view of Ho (US 4710887 A; cited in IDS filed 11/04/2024).
Regarding claim 1, Kawamura discloses, an emission device (an embodiment 8 which is an embodiment of 6 - Fig 8 with additional components as shown in Fig 11) comprising:
an emission unit (a hydrogen gas cylinder 94, Fig 11) configured to emit a useful substance to a space where a target person is present (abstract; PG 11, ln 13 - PG 15, ln 22, implies delivering the hydrogen gas to a space for the plurality of supply targets without wearing a medical mask/troublesome work);
an environment adjustment unit (an indoor unit 91a, Fig 11) configured to adjust an environmental condition of the space (PG 12, ln 33-38, “the indoor unit 91a of the air conditioner 91 has two functions. The first function is a function equivalent to that of a normal air conditioner, and is a function for controlling room temperature, room airflow, and the like. The second function is an additional function, which includes a hydrogen gas supply unit, an oxygen gas supply unit, a humidification unit, a functional aerosol supply unit, and a ventilation unit”); and
a controller (a control unit 92, Fig 11) configured to acquire the environmental condition associated with the useful substance emitted from the emission unit, based on the data stored (PG 13, ln 18-36, “determines the value to be set for temperature, humidity, oxygen concentration, hydrogen concentration, aerosol type and spray amount, etc… Data…registered in the control unit”; PG 17, ln 18-20, “By adjusting the high-concentration hydrogen mixed gas to a temperature / humidity that does not cause detonation using a warming humidifier or the like, the mucus protecting the respiratory airway mucosa can be kept normal”), and
control the environment adjustment unit to meet the environmental condition (PG 17, ln 18-20; PG 12, ln 33-38, implies that the control unit controls the air conditioner unit to maintain the temperature, the humidity, the airflow, hydrogen gas, oxygen, and/or etc. and further preferably at relative humidity of 100% and a temperature of 37°C).
While Kawamura discloses that the control unit (PG 13, ln 18-36) is a high-performance control unit for controlling the atmosphere state of the room using the data stored within the control unit and calculating via sensors or values to be set in order to control the operations (PG 11, ln 13 - PG 15, ln 22), Kawamura is silent on a storage configured to store data about the useful substance and an environmental condition associated with the useful substance.
However, Ho which is analogous art to the claim invention teaches a storage (where a program which is a form of a data as shown in Fig 2 is stored via a computer or equivalent structure such as a control system as described in Col 1, ln 45-53 and Col 3, ln 8-19) configured to store data about the useful substance and an environmental condition associated with the useful substance (abstract, “A particle analyzer connected to the chamber draws aerosol samples and analyses samples to monitor… The control is such as to maintain the characteristic property substantially constant…humidity and temperature control elements for maintaining these factors constant within the chamber”; Col 3, ln 1-6, “The ability to select for the particular concentration range as a factor to be maintained constant makes the system useful for therapeutic and inhalation studies”) in order to store instructions related to operations.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kawamura to include, a storage configured to store data about the useful substance and an environmental condition associated with the useful substance as taught by Ho in order to store instructions related to operations.
Regarding claim 2, Kawamura in view of Ho discloses the device of claim 1 as discussed above.
While Kawamura discloses, a concentration sensor (a sensor 83, Fig 11) configured to measure a concentration of the useful substance supplied to the target person (PG 11, ln 23-25, “a sensor 83 that acquires air conditioning information such as / O .sub.2 / CO .sub.2 concentration, and carbon dioxide absorption”), and the controlling the concentration of gases via the control unit (PG 13, ln 18-36) wherein the hydrogen gas concentration in the sealed chamber is adjusted by the amount of hydrogen gas supplied and is assumed to be 20% at the maximum (PG 12, ln 1-4), Kawamura is silent on the controller being configured to adjust an emission amount of the useful substance based on an output from the concentration sensor.
However, Ho discloses, the controller being configured to adjust an emission amount of the useful substance based on an output from the concentration sensor (Col 2, ln 38-55, “The measured parameters (concentration, size) are compared with the preselected levels. If the measured levels are low, the solenoid valve 18 is kept open or opened to increase the aerosol particulates to the desired levels. Otherwise, the valve is closed or maintained closed”) in order to control the concentration to the desired level.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kawamura to include the controller being configured to adjust an emission amount of the useful substance based on an output from the concentration sensor as taught by Ho in order to control the concentration to the desired level.
Regarding claim 3, Kawamura in view of Ho discloses the device of claim 1 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust a temperature of air in the space (PG 12, ln 33-38), and the controller is configured to acquire a temperature of the space associated with the useful substance, based on the data stored in the storage, and control the environment adjustment unit to meet the temperature (PG 17, ln 18-20; PG 12, ln 33-38, “preferably at relative humidity of 100% and a temperature of 37°C”).
Regarding claim 4, Kawamura in view of Ho discloses the device of claim 1 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust a humidity of air in the space (PG 12, ln 33-38), and the controller is configured to acquire a humidity of the space associated with the useful substance, based on the data stored in the storage, and control the environment adjustment unit to meet the humidity (PG 17, ln 18-20; PG 12, ln 33-38, “preferably at relative humidity of 100% and a temperature of 37°C”).
Regarding claim 5, Kawamura in view of Ho discloses the device of claim 1 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust an airflow in the space (PG 12, ln 7-11,” the control unit 92 can control… the direction and strength of the internal airflow”; PG 12, ln 33-38, “a function for controlling room temperature, room airflow, and the like… and a ventilation unit”) and the controller is configured to acquire an airflow of the space associated with the useful substance (PG 12, ln 33 - PG 13, ln 34, implies that the indoor unit generates an air flow in conjunction with the humidified hydrogen gas to disperse the gas within the room and the values and are set and stored in the control unit for controlling the atmosphere state of the room), based on the data stored in the storage, and control the environment adjustment unit to meet the airflow (PG 12, ln 7-11; PG 12, ln 33-38).
Regarding claim 7, Kawamura in view of Ho discloses the device of claim 2 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust a temperature of air in the space (PG 12, ln 33-38), and the controller is configured to acquire a temperature of the space associated with the useful substance, based on the data stored in the storage, and control the environment adjustment unit to meet the temperature (PG 17, ln 18-20; PG 12, ln 33-38, “preferably at relative humidity of 100% and a temperature of 37°C”).
Regarding claim 8, Kawamura in view of Ho discloses the device of claim 2 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust a humidity of air in the space (PG 12, ln 33-38), and the controller is configured to acquire a humidity of the space associated with the useful substance, based on the data stored in the storage, and control the environment adjustment unit to meet the humidity (PG 17, ln 18-20; PG 12, ln 33-38, “preferably at relative humidity of 100% and a temperature of 37°C”).
Regarding claim 9, Kawamura in view of Ho discloses the device of claim 3 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust a humidity of air in the space (PG 12, ln 33-38), and the controller is configured to acquire a humidity of the space associated with the useful substance, based on the data stored in the storage, and control the environment adjustment unit to meet the humidity (PG 17, ln 18-20; PG 12, ln 33-38, “preferably at relative humidity of 100% and a temperature of 37°C”).
Regarding claim 10, Kawamura in view of Ho discloses the device of claim 2 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust an airflow in the space (PG 12, ln 7-11,” the control unit 92 can control… the direction and strength of the internal airflow”; PG 12, ln 33-38, “a function for controlling room temperature, room airflow, and the like… and a ventilation unit”) and the controller is configured to acquire an airflow of the space associated with the useful substance (PG 12, ln 33 - PG 13, ln 34, implies that the indoor unit generates an air flow in conjunction with the humidified hydrogen gas to disperse the gas within the room and the values and are set and stored in the control unit for controlling the atmosphere state of the room), based on the data stored in the storage, and control the environment adjustment unit to meet the airflow (PG 12, ln 7-11; PG 12, ln 33-38).
Regarding claim 11, Kawamura in view of Ho discloses the device of claim 3 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust an airflow in the space (PG 12, ln 7-11,” the control unit 92 can control… the direction and strength of the internal airflow”; PG 12, ln 33-38, “a function for controlling room temperature, room airflow, and the like… and a ventilation unit”) and the controller is configured to acquire an airflow of the space associated with the useful substance (PG 12, ln 33 - PG 13, ln 34, implies that the indoor unit generates an air flow in conjunction with the humidified hydrogen gas to disperse the gas within the room and the values and are set and stored in the control unit for controlling the atmosphere state of the room), based on the data stored in the storage, and control the environment adjustment unit to meet the airflow (PG 12, ln 7-11; PG 12, ln 33-38).
Regarding claim 12, Kawamura in view of Ho discloses the device of claim 4 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust an airflow in the space (PG 12, ln 7-11,” the control unit 92 can control… the direction and strength of the internal airflow”; PG 12, ln 33-38, “a function for controlling room temperature, room airflow, and the like… and a ventilation unit”) and the controller is configured to acquire an airflow of the space associated with the useful substance (PG 12, ln 33 - PG 13, ln 34, implies that the indoor unit generates an air flow in conjunction with the humidified hydrogen gas to disperse the gas within the room and the values and are set and stored in the control unit for controlling the atmosphere state of the room), based on the data stored in the storage, and control the environment adjustment unit to meet the airflow (PG 12, ln 7-11; PG 12, ln 33-38).
Regarding claim 17, Kawamura in view of Ho discloses the device of claim 7 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust a humidity of air in the space (PG 12, ln 33-38), and the controller is configured to acquire a humidity of the space associated with the useful substance, based on the data stored in the storage, and control the environment adjustment unit to meet the humidity (PG 17, ln 18-20; PG 12, ln 33-38, “preferably at relative humidity of 100% and a temperature of 37°C”).
Regarding claim 18, Kawamura in view of Ho discloses the device of claim 7 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust an airflow in the space (PG 12, ln 7-11,” the control unit 92 can control… the direction and strength of the internal airflow”; PG 12, ln 33-38, “a function for controlling room temperature, room airflow, and the like… and a ventilation unit”) and the controller is configured to acquire an airflow of the space associated with the useful substance (PG 12, ln 33 - PG 13, ln 34, implies that the indoor unit generates an air flow in conjunction with the humidified hydrogen gas to disperse the gas within the room and the values and are set and stored in the control unit for controlling the atmosphere state of the room), based on the data stored in the storage, and control the environment adjustment unit to meet the airflow (PG 12, ln 7-11; PG 12, ln 33-38).
Regarding claim 19, Kawamura in view of Ho discloses the device of claim 8 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust an airflow in the space (PG 12, ln 7-11,” the control unit 92 can control… the direction and strength of the internal airflow”; PG 12, ln 33-38, “a function for controlling room temperature, room airflow, and the like… and a ventilation unit”) and the controller is configured to acquire an airflow of the space associated with the useful substance (PG 12, ln 33 - PG 13, ln 34, implies that the indoor unit generates an air flow in conjunction with the humidified hydrogen gas to disperse the gas within the room and the values and are set and stored in the control unit for controlling the atmosphere state of the room), based on the data stored in the storage, and control the environment adjustment unit to meet the airflow (PG 12, ln 7-11; PG 12, ln 33-38).
Regarding claim 20, Kawamura in view of Ho discloses the device of claim 9 as discussed above.
Kawamura further discloses, wherein the environment adjustment unit is configured to adjust an airflow in the space (PG 12, ln 7-11,” the control unit 92 can control… the direction and strength of the internal airflow”; PG 12, ln 33-38, “a function for controlling room temperature, room airflow, and the like… and a ventilation unit”) and the controller is configured to acquire an airflow of the space associated with the useful substance (PG 12, ln 33 - PG 13, ln 34, implies that the indoor unit generates an air flow in conjunction with the humidified hydrogen gas to disperse the gas within the room and the values and are set and stored in the control unit for controlling the atmosphere state of the room), based on the data stored in the storage, and control the environment adjustment unit to meet the airflow (PG 12, ln 7-11; PG 12, ln 33-38).
Claims 6, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (machine translation of WO 2017149684 A1; cited in IDS filed 7/31/2023) in view of Ho (US 4710887 A; cited in IDS filed 11/04/2024) as applied to claims 1-5 respectively above, and further in view of Brav et al. (US Pat 20160158774 A1).
Regarding claim 6, Kawamura in view of Ho discloses the device of claim 1 as discussed above.
While Kawamura discloses, means to supply the gas containing at least while adjusting temperature and humidity of the gas via the indoor unit (abstract) to the plurality of targets in the sealed chamber in order to provide air conditioning preferable to the user and the hydrogen gas with an appropriate odor such as aromatherapy may be attached to the hydrogen gas (PG 13, ln 1 - PG 15, ln 21), Kawamura does not specifically discloses, wherein the environment adjustment unit is configured to emit an airflow in a vortex ring shape.
However, Brav et al. which is analogous to the claimed invention and reasonably pertinent to the problem of the gas delivery into the space and delivering gases and dispersing groups of people over the distance (¶0002), teaches a system for delivering substances via vortex rings to an intended target (abstract) without the need of connecting structural components such as tubes or gas piping (¶0018) in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the indoor unit of Kawamura to include the vortex delivery system which is configured to emit an airflow in a vortex ring shape as taught by Brav et al. in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028). This improvement would allow the targets to smell the appropriate odor associated with hydrogen gas during the release and consume the high concentration hydrogen gas as intended as described in Kawamura - PG 13, ln 1 - PG 15, ln 21.
Regarding claim 13, Kawamura in view of Ho discloses the device of claim 2 as discussed above.
While Kawamura discloses, means to supply the gas containing at least while adjusting temperature and humidity of the gas via the indoor unit (abstract) to the plurality of targets in the sealed chamber in order to provide air conditioning preferable to the user and the hydrogen gas with an appropriate odor such as aromatherapy may be attached to the hydrogen gas (PG 13, ln 1 - PG 15, ln 21), Kawamura does not specifically discloses, wherein the environment adjustment unit is configured to emit an airflow in a vortex ring shape.
However, Brav et al. which is analogous to the claimed invention and reasonably pertinent to the problem of the gas delivery into the space and delivering gases and dispersing groups of people over the distance (¶0002), teaches a system for delivering substances via vortex rings to an intended target (abstract) without the need of connecting structural components such as tubes or gas piping (¶0018) in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the indoor unit of Kawamura to include the vortex delivery system which is configured to emit an airflow in a vortex ring shape as taught by Brav et al. in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028). This improvement would allow the targets to smell the appropriate odor associated with hydrogen gas during the release and consume the high concentration hydrogen gas as intended as described in Kawamura - PG 13, ln 1 - PG 15, ln 21.
Regarding claim 14, Kawamura in view of Ho discloses the device of claim 3 as discussed above.
While Kawamura discloses, means to supply the gas containing at least while adjusting temperature and humidity of the gas via the indoor unit (abstract) to the plurality of targets in the sealed chamber in order to provide air conditioning preferable to the user and the hydrogen gas with an appropriate odor such as aromatherapy may be attached to the hydrogen gas (PG 13, ln 1 - PG 15, ln 21), Kawamura does not specifically discloses, wherein the environment adjustment unit is configured to emit an airflow in a vortex ring shape.
However, Brav et al. which is analogous to the claimed invention and reasonably pertinent to the problem of the gas delivery into the space and delivering gases and dispersing groups of people over the distance (¶0002), teaches a system for delivering substances via vortex rings to an intended target (abstract) without the need of connecting structural components such as tubes or gas piping (¶0018) in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the indoor unit of Kawamura to include the vortex delivery system which is configured to emit an airflow in a vortex ring shape as taught by Brav et al. in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028). This improvement would allow the targets to smell the appropriate odor associated with hydrogen gas during the release and consume the high concentration hydrogen gas as intended as described in Kawamura - PG 13, ln 1 - PG 15, ln 21.
Regarding claim 15, Kawamura in view of Ho discloses the device of claim 4 as discussed above.
While Kawamura discloses, means to supply the gas containing at least while adjusting temperature and humidity of the gas via the indoor unit (abstract) to the plurality of targets in the sealed chamber in order to provide air conditioning preferable to the user and the hydrogen gas with an appropriate odor such as aromatherapy may be attached to the hydrogen gas (PG 13, ln 1 - PG 15, ln 21), Kawamura does not specifically discloses, wherein the environment adjustment unit is configured to emit an airflow in a vortex ring shape.
However, Brav et al. which is analogous to the claimed invention and reasonably pertinent to the problem of the gas delivery into the space and delivering gases and dispersing groups of people over the distance (¶0002), teaches a system for delivering substances via vortex rings to an intended target (abstract) without the need of connecting structural components such as tubes or gas piping (¶0018) in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the indoor unit of Kawamura to include the vortex delivery system which is configured to emit an airflow in a vortex ring shape as taught by Brav et al. in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028). This improvement would allow the targets to smell the appropriate odor associated with hydrogen gas during the release and consume the high concentration hydrogen gas as intended as described in Kawamura - PG 13, ln 1 - PG 15, ln 21.
Regarding claim 16, Kawamura in view of Ho discloses the device of claim 5 as discussed above.
While Kawamura discloses, means to supply the gas containing at least while adjusting temperature and humidity of the gas via the indoor unit (abstract) to the plurality of targets in the sealed chamber in order to provide air conditioning preferable to the user and the hydrogen gas with an appropriate odor such as aromatherapy may be attached to the hydrogen gas (PG 13, ln 1 - PG 15, ln 21), Kawamura does not specifically discloses, wherein the environment adjustment unit is configured to emit an airflow in a vortex ring shape.
However, Brav et al. which is analogous to the claimed invention and reasonably pertinent to the problem of the gas delivery into the space and delivering gases and dispersing groups of people over the distance (¶0002), teaches a system for delivering substances via vortex rings to an intended target (abstract) without the need of connecting structural components such as tubes or gas piping (¶0018) in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the indoor unit of Kawamura to include the vortex delivery system which is configured to emit an airflow in a vortex ring shape as taught by Brav et al. in order to deliver gases over large distances (¶0002) and to ensure the smellable component is inhaled by the target (¶0028). This improvement would allow the targets to smell the appropriate odor associated with hydrogen gas during the release and consume the high concentration hydrogen gas as intended as described in Kawamura - PG 13, ln 1 - PG 15, ln 21.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Spiegel et al. (machine translation of EP 1574195) is cited for the moisture and temperature regulating and the useful substance of oxygen, nitrogen and carbon dioxide (abstract) which are maintained.
Gal (GB 2487977 A) is cited for a system for providing and monitoring negative ionized dry saline microclimate-based therapy for clients with respiratory and/or skin problem (abstract) having a sensor unit measures the salt concentration, particle size, humidity and temperature (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEICK JANG whose telephone number is (703)756-4569. The examiner can normally be reached M-F 8:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J./Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785