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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-18 in the reply filed on 24 November 2025 is acknowledged.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 8, and 10 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (CN 104328043 A) (hereinafter Li) (translation provided by Applicant from IDS dated 16 June 2023).
Regarding claim 1, Li teaches a stackable environmental air sampling pump [sampling all-in-one machine; sampling pump; capable of being stacked from flat dimensions at top and bottom] (Para [0014], see Abstract, Figs. 1-4) comprising: an external housing [case cover 1 and case 23] (see Figs. 1-4);
an air pump inside the external housing [in the air microbial impact sampling integrated machine; sampling pump] (Para [0014, 0035], see Figs. 1-4); and
a telescopic mast attached to the housing and configured to extend from the external housing [sampling stand 17 configured to extend away from the case 23] (Para [0035, 0042], see Figs. 3-4),
wherein the external housing [1, 23] comprises:
a recessed portion configured to receive a flexible tubing wrapped around the recessed portion [case 23 having recessed portions capable of receiving a flexible tubing, such as sampling tube 25, and wrapping around housing such that a recessed portion receives tube 25; recessed portions shown near handle and on sides of case 23] (see Figs. 1-4);
a handle on a first side of the external housing [carrying handle 24] (Para [0035], see Figs. 1-4);
a first interlocking feature of a first type on a second side of the external housing, wherein the first interlocking feature is configured to connect to an interlocking feature of a second type [latches extending from cover 1; second side same side as first side; latches configured to connect to interlocking catch on case 23 for securing the case in a closed position] (see Figs. 1-4); and
a second interlocking feature of the second type on a third side of the external housing, wherein the second interlocking feature is configured to connect to an interlocking feature of the first type [interlocking catch on case 23; third side same side as first and second sides; interlocking catch configured to connect to latches extending from cover 1 for securing the case in a closed position] (see Figs. 1-4).
Regarding claim 8, Li teaches a stackable environmental air sampling pump [sampling all-in-one machine; sampling pump; capable of being stacked from flat dimensions at top and bottom] (Para [0014], see Abstract, Figs. 1-4) comprising: an external housing [case cover 1 and case 23] (see Figs. 1-4), wherein the external housing comprises:
a handle on a first side of the external housing [carrying handle 24] (Para [0035], see Figs. 1-4);
a first interlocking feature of a first type on a second side of the external housing, wherein the first interlocking feature is configured to connect to an interlocking feature of a second type [latches extending from cover 1; second side same side as first side; latches configured to connect to interlocking catch on case 23 for securing the case in a closed position] (see Figs. 1-4); and
a second interlocking feature of the second type on a third side of the external housing, wherein the second interlocking feature is configured to connect to an interlocking feature of the first type [interlocking catch on case 23; third side same side as first and second sides; interlocking catch configured to connect to latches extending from cover 1 for securing the case in a closed position] (see Figs. 1-4).
Regarding claim 10, Li as applied to claim 8 above teaches the claimed invention, in addition to wherein the first aside and the second side are a same side of the external housing (see Figs. 1-4).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 7-9, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner et al. (US 2019/0106244 A1) (hereinafter Brunner) in view of Li.
Regarding claim 1, Brunner teaches a stackable apparatus comprising: an external housing [first container 22], wherein the external housing comprises:
a recessed portion [side walls with recessed portions] (see Figs. 1A-4D, 6A-6B);
a handle on a first side of the external housing [carrying handle 80] (Para [0206], see Figs. 1A-4D);
a first interlocking feature of a first type on a second side of the external housing, wherein the first interlocking feature is configured to connect to an interlocking feature of a second type [projecting portions 56 located on a second bottom side of the housing; extending in register with depressed locking locations 32] (Para [0202], see Figs. 1A-4D); and
a second interlocking feature of the second type on a third side of the external housing, wherein the second interlocking feature is configured to connect to an interlocking feature of the first type [each top face (third side) configured with several depressed locking locations 32; projecting portions 56 extending in register with locations 32] (Para [0199, 0202], (see Figs. 1A-4D).
Brunner fails to teach wherein the stackable apparatus is a stackable environmental air sampling pump comprising an air pump inside the external housing; and a telescopic mast attached to the housing and configured to extend from the external housing, wherein the recessed portion is configured to receive a flexible tubing wrapped around the recessed portion. Li teaches an environmental air sampling pump comprising an air pump inside an external housing [in the air microbial impact sampling integrated machine; sampling pump] (Para [0014, 0035], see Figs. 1-4) and a telescopic mast attached to the housing and configured to extend from the external housing [sampling stand 17 configured to extend away from the case 23] (Para [0035, 0042], see Figs. 3-4), wherein the external housing [1, 23] comprises: a recessed portion configured to receive a flexible tubing wrapped around the recessed portion [case 23 having recessed portions capable of receiving a flexible tubing, such as sampling tube 25, and wrapping around housing such that a recessed portion receives tube 25; recessed portions shown near handle and on sides of case 23] (see Figs. 1-4).
It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Brunner with Li such that stackable apparatus is a stackable environmental air sampling pump comprising an air pump inside the external housing; and a telescopic mast attached to the housing and configured to extend from the external housing, wherein the recessed portion is configured to receive a flexible tubing wrapped around the recessed portion, in order to provide a secure coupling mechanism for detachably attaching two or more air sampling pumps together for increased flow capacity, simultaneous monitoring of multiple areas, and/or providing redundancy in critical applications.
Regarding claim 2, Brunner in view of Li as applied to claim 1 above teaches the claimed invention, in addition to wherein the first interlocking feature of the first type comprises at least one foot [56] and the second interlocking feature of the second type comprises at least one groove [32] (Brunner Para [0199, 0202], (see Figs. 1A-4D).
Regarding claim 3, Brunner in view of Li as applied to claim 1 above teaches the claimed invention, in addition to further comprising a latch clip biased by a spring [locking latch 70; coiled spring 71] (Brunner Para [0205]), wherein:
the latch clip has a fully extended position and at least one recessed position [latch 70 axially displaceable between a projecting locked position and a temporary retracted position] (see Brunner Figs. 4A-4D);
the latch clip is biased into the fully extended position unless acted upon by a force to compress the spring [latch 70 normally biased to project under force of coiled spring 71] (Brunner Para [0205]);
the latch clip is configured to move into the at least one recessed position while the stackable environmental air sampling pump is in the process of being interlocked with another stackable environmental air sampling pump (Brunner Para [0207], see Figs. 4B-4C); and
the latch clip is configured to move into the fully extended position while the stackable environmental air sampling pump is fully interlocked with another air sampling pump (Brunner Para [0207-0208], see Fig. 4D).
Regarding claim 4, Brunner in view of Li as applied to claim 1 above teaches the claimed invention, in addition to wherein the external housing further comprises a recess configured to receive a portion of a latch clip of another stackable environmental air sampling pump [recess 50] (Brunner Para [0205-0208], see Figs. 4A-4D).
Regarding claim 7, Brunner in view of Li as applied to claim 1 above teaches the claimed invention, in addition to wherein the first side [front], the second side [bottom], and third side [top] are each different sides of the external housing (see Brunner Figs. 1A-4D).
Regarding claim 8, Brunner teaches a stackable apparatus comprising: an external housing [first container 22], wherein the external housing comprises:
a handle on a first side of the external housing [carrying handle 80] (Para [0206], see Figs. 1A-4D);
a first interlocking feature of a first type on a second side of the external housing, wherein the first interlocking feature is configured to connect to an interlocking feature of a second type [projecting portions 56 located on a second bottom side of the housing; extending in register with depressed locking locations 32] (Para [0202], see Figs. 1A-4D); and
a second interlocking feature of the second type on a third side of the external housing, wherein the second interlocking feature is configured to connect to an interlocking feature of the first type [each top face (third side) configured with several depressed locking locations 32; projecting portions 56 extending in register with locations 32] (Para [0199, 0202], (see Figs. 1A-4D).
Brunner fails to teach wherein the stackable apparatus is a stackable environmental air sampling pump comprising an air pump inside the external housing. Li teaches an environmental air sampling pump comprising an air pump inside an external housing [in the air microbial impact sampling integrated machine; sampling pump] (Para [0014, 0035], see Figs. 1-4). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Brunner with Li such that stackable apparatus is a stackable environmental air sampling pump comprising an air pump inside the external housing, in order to provide a secure coupling mechanism for detachably attaching two or more air sampling pumps together for increased flow capacity, simultaneous monitoring of multiple areas, and/or providing redundancy in critical applications.
Regarding claim 9, Brunner in view of Li as applied to claim 8 above teaches the claimed invention, in addition to wherein the first side [front], the second side [bottom], and third side [top] are each different sides of the external housing (see Brunner Figs. 1A-4D).
Regarding claim 11, Brunner in view of Li as applied to claim 8 above teaches the claimed invention, in addition to wherein the first interlocking feature of the first type comprises at least one foot [56] and the second interlocking feature of the second type comprises at least one groove [32] (Brunner Para [0199, 0202], (see Figs. 1A-4D).
Regarding claim 12, Brunner in view of Li as applied to claim 8 above teaches the claimed invention, in addition to wherein the external housing further comprises a recess configured to receive a portion of a latch clip of another stackable environmental air sampling pump [recess 50] (Brunner Para [0205-0208], see Figs. 4A-4D).
Regarding claim 13, Brunner in view of Li as applied to claim 8 above teaches the claimed invention, in addition to further comprising a latch clip configured to releasably lock the stackable environmental air sampling pump to another stackable environmental air sampling pump [locking latch 70] (Brunner Para [0205-0208], see Figs. 4A-4D).
Claims 5 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner in view of Li, as applied to claims 1 and 8 above, and further in view of Daiber et al. (DE 10 2014 002 720 A1) (hereinafter Daiber) (translation provided by Applicant from IDS dated 16 June 2023).
Regarding claim 5, Brunner in view of Li as applied to claim 1 above teaches the claimed invention, except for further comprising at least one mushroom valve configured to release air from inside the external housing to an environment outside the external housing. Daiber teaches an air sampling pump comprising at least one mushroom valve configured to release fluid from inside the housing to an environment outside the housing [mushroom valve 32] (Para [0032]). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Brunner in view of Li with Daiber such to further comprise at least one mushroom valve configured to release air from inside the external housing to an environment outside the external housing, in order to maintain pressure and prevent leaks.
Regarding claims 14-15 and 17, Brunner in view of Li as applied to claim 1 above teaches the claimed invention, except for further comprising at least one mushroom valve configured to release air from inside the external housing to an environment outside the external housing, wherein the at least one valve is not visible to a user of the stackable environmental air sampling pump. Daiber teaches an air sampling pump comprising at least one mushroom valve configured to release fluid from inside the housing to an environment outside the housing [mushroom valve 32] (Para [0032]), the valve located within the pump housing and thus not visible (see Fig. 1). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Brunner in view of Li with Daiber such to further comprise at least one mushroom valve configured to release air from inside the external housing to an environment outside the external housing, the valve not visible to a user of the stackable environmental air sampling pump, in order to maintain pressure and prevent leaks.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Brunner in view of Li, as applied to claim 8 above, and further in view of Cole et al. (US 2005/0279182 A1) (hereinafter Cole).
Regarding claim 18, Brunner in view of Li as applied to claim 8 above teaches the claimed invention, except for wherein the external housing comprises an air inlet cutout having a first portion configured to securely stow a first air inlet sampling head of a first size and a second portion configured to securely stow a second air inlet sampling head of a second size different from the first size. Cole teaches an air sampling apparatus comprising multiple different air inlet cutouts having different sizes for sampling particles of different sizes (Para [0037]). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Brunner in view of Li with Cole such that the external housing comprises an air inlet cutout having a first portion configured to securely stow a first air inlet sampling head of a first size and a second portion configured to securely stow a second air inlet sampling head of a second size different from the first size, in order to allow for sampling of different particle sizes.
Allowable Subject Matter
Claims 6 and 16 are 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 and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 6 and 16, the primary reason for the indication of allowable subject matter is the inclusion of the limitations regarding whrein the at least one valve is positioned behind a latch clip attached to the external housing and configured to releasably lock the stackable environmental air sampling pump to another environmental air sampling pump, in combination with the rest of the limitations found in claims 1 and 5, and claims 8 and 14, from which claims 6 and 16, respectively depend upon.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Z HUANG whose telephone number is (571)270-5360. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/DAVID Z HUANG/ Primary Examiner, Art Unit 2855