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 .
In view of the Appeal Brief filed on 5/18/2026, PROSECUTION IS HEREBY REOPENED. New Grounds of Rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/JERRY-DARYL FLETCHER/ Supervisory Patent Examiner, Art Unit 3763
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 19 and 20 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.
Regarding Claim 19, the recitation of “…A system, comprising:
one or more sensors;
a controller electrically coupled to the one or more sensors, wherein the controller is configured to: provide a minimum humidity ratio threshold at which transmission of a particular virus is decreased;
determine a humidity ratio of an enclosed space suitable for receiving a living being;
in response to determining that the humidity ratio is less than the minimum humidity ratio threshold, increase the humidity ratio until the humidity ratio in the enclosed space is at least equal to the minimum humidity ratio threshold;
and after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintain the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus,” renders the claim unclear.
For example, the claim purports to have a controller that is configured to perform the functional steps of “increasing the humidity ratio,” and “maintaining the humidity ratio.” However, pursuant to MPEP 2173.05(g), the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite.
For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear without reciting the particular structure, materials or steps that accomplish the function or achieve the result. Therefore, all means or methods of resolving the problem may be encompassed by the claim.
In this instance, the claim does not recite the particular structure, materials or steps that accomplish the function of “increasing” or “maintaining.”
A controller and sensors cannot increase or maintain a humidity ratio and the recitation of a system is not sufficient structure to accomplish said functions.
See MPEP 2111.01 which prohibits importing limitations from the specifications into the claim when the claim language is broader than the embodiment.
See also MPEP 2173.05(g) cited above.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 20, the recitation of “…A non-transitory, computer-readable medium comprising instructions that, when executed by one or more processors of a system, cause the one or more processors to:
provide a minimum humidity ratio threshold at which transmission of a particular virus is decreased;
determine a humidity ratio of an enclosed space suitable for receiving a living being;
in response to determining that the humidity ratio is less than the minimum humidity ratio threshold, increase the humidity ratio until the humidity ratio in the enclosed space is at least equal to the minimum humidity ratio threshold; and
after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintain the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus,” renders the claim unclear.
For example, the claim purports to have a controller that is configured to perform the functional steps of “increasing the humidity ratio,” and “maintaining the humidity ratio.” However, pursuant to MPEP 2173.05(g), the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite.
For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear without reciting the particular structure, materials or steps that accomplish the function or achieve the result. Therefore, all means or methods of resolving the problem may be encompassed by the claim.
In this instance, the claim does not recite the particular structure, materials or steps that accomplish the function of “increasing” or “maintaining.”
A controller and sensors cannot increase or maintain a humidity ratio and the recitation of a system is not sufficient structure to accomplish said functions.
See MPEP 2111.01 which prohibits importing limitations from the specifications into the claim when the claim language is broader than the embodiment.
See also MPEP 2173.05(g) cited above.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
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.
Claim(s) 1-3, 5, 7, 8, 10, 11, 18, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onghanseng et al. (US2023/0243797) in view of Brahme et al. (US2019/0301762) and Schoch et al. (US2022/0136730).
Regarding Claim 1, Onghanseng teaches a method for reducing virus transmission in a space [claim 4], comprising:
providing a minimum humidity ratio threshold at which transmission of a particular virus is decreased [0045; where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom];
determining a humidity ratio of an enclosed space suitable for receiving a living being [0042-0045; claim 7; where a user comfort zone is disclosed and where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom]; and
in response to determining that the humidity ratio is less than the minimum humidity ratio threshold, increasing the humidity ratio until the humidity ratio in the enclosed space is at least equal to the minimum humidity ratio threshold [0042-0045; 0063; 0064; claim 7; where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom].
Onghanseng teaches wherein after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for an amount of time [0045; 0064; where an apparatus is switched on until a virus index where the virus has a low survival rate is reached; and where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom].
Whereas Onghanseng teaches a relative humidity set point and a temperature set point, Onghanseng does not explicitly teach a humidity ratio;
Whereas Onghanseng teaches maintaining the humidity ratio for a period of time i.e. maintaining humidity ratio until the virus reaches a low survival rate, Onghanseng does not explicitly teach wherein after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus.
However, Brahme teaches an HVAC system [0001] having where a controller [200] may calculate a humidity ratio set point based on the temperature set point and the relative humidity set point [0045] and also teaches that the humidity ratio can be sensed using humidity sensor [203; 0026] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a more simplified control structure and parameter.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have wherein a humidity ratio set point can be determined by the temperature set point and the relative humidity set point in view of the teachings of Brahme where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a more simplified control structure and parameter.
Also, Schoch teaches an air treatment system utilizing relative humidity and temperature measurements to captures and inactivate viruses and bacteria [ 0008; 0013; 0069; fig 4] having where after the humidity ratio is at least equal to the minimum humidity ratio threshold [see fig 4; Drawing I]; maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus [0069; 0079; 0090-0092 fig 4; fig 6; where one skilled in the art would determine from fig 4 and Drawing I that a virus half-life duration of 15 minutes corresponds to a predetermined activation time of 30 minutes at the respective humidity and temperature parameters i.e. humidity ratio] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a method and system that improves room air quality and reduces viral infection risk [0008].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have wherein after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus in view of the teachings of Schoch where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a method and system that improves room air quality and reduces viral infection risk.
Regarding Claim 2, Onghanseng, as modified, teaches the invention of claim 1 above and Schoch teaches wherein the minimum humidity ratio threshold comprises a minimum humidity ratio at which a half-life of a virus is decreased [0050; 0083; fig 4; where a decrease of a half-life corresponds to decreasing minimum humidity and corresponding temperatures; and as taught by Brahme the humidity ratio can be derived from relative humidity and temperature].
Regarding Claim 3, Onghanseng, as modified, teaches the invention of claim 1 above and Schoch teaches wherein the minimum humidity ratio threshold is within a comfort zone [0050; 0083; fig 4; where humidity ratios are within comfort zones as defined by Onghanseng at 0045].
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Drawing I
Regarding Claim 5, Onghanseng, as modified, teaches the invention of claim 1 above and Onghanseng teaches wherein the virus is influenza A and/or SARS-CoV-2 [0043].
Regarding Claim 7, Onghanseng, as modified, teaches the invention of claim 1 above and Brahme teaches wherein determining the humidity ratio comprises detecting the humidity ratio with a sensor [203; 0026; 0045].
Regarding Claim 8, Onghanseng, as modified, teaches the invention of claim 1 above and Brahme teaches wherein determining the humidity ratio comprises: detecting at least two of the following metrics: a dry-bulb temperature of the space, a wet-bulb temperature of the space, an absolute humidity of the space, a relative humidity of the space, an air pressure of the space, a vapor pressure of the space, a volume of air in the space, and an enthalpy of the air in the space; and calculating the humidity ratio based on the at least two detected metrics [0026; 0045].
Regarding Claim 10, Onghanseng, as modified, teaches the invention of claim 1 above and Onghanseng teaches wherein the enclosed space comprises a room [0016].
Regarding Claim 11, Onghanseng, as modified, teaches the invention of claim 1 above and Schoch teaches wherein increasing the humidity ratio comprises at least one of: operating a humidifier; disabling a dehumidifier; introducing air outside the space into the space; maintaining a temperature of a coil above a dew point of the space; and disabling a compressor [0069].
Regarding Claim 18, Onghanseng, as modified, teaches the invention of claim 1 above and Onghanseng teaches decreasing, after determining the humidity ratio is greater than a maximum humidity ratio threshold, the humidity ratio [0063; 0064].
Regarding Claim 19, as best understood, Onghanseng teaches a system [fig 2], comprising:
one or more sensors [40; 0039; 0040];
a controller [65] electrically coupled to the one or more sensors [40], wherein the controller is configured to:
provide a minimum humidity ratio threshold at which transmission of a particular virus is decreased [0042-0045; claim 7; where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom];
determine a humidity ratio of an enclosed space suitable for receiving a living being [0042-0045; claim 7; where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom]; and
in response to determining that the humidity ratio is less than the minimum humidity ratio threshold, increase the humidity ratio until the humidity ratio in the enclosed space is at least equal to the minimum humidity ratio threshold [0042-0045; 0063; 0064; claim 7; where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom].
Onghanseng teaches wherein after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for an amount of time [0045; 0064; where an apparatus is switched on until a virus index where the virus has a low survival rate is reached; and where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom].
Whereas Onghanseng teaches a relative humidity set point and a temperature set point, Onghanseng does not explicitly teach a humidity ratio;
Whereas Onghanseng teaches maintaining the humidity ratio for a period of time i.e. maintaining humidity ratio until the virus reaches a low survival rate, Onghanseng does not explicitly teach wherein after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus.
However, Brahme teaches an HVAC system [0001] having where a controller [200] may calculate a humidity ratio set point based on the temperature set point and the relative humidity set point [0045] and also teaches that the humidity ratio can be sensed using humidity sensor [203; 0026] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a more simplified control structure and parameter.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have wherein a humidity ratio set point can be determined by the temperature set point and the relative humidity set point in view of the teachings of Brahme where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a more simplified control structure and parameter.
Also, Schoch teaches an air treatment system utilizing relative humidity and temperature measurements to captures and inactivate viruses and bacteria [ 0008; 0013; 0069; fig 4] having where after the humidity ratio is at least equal to the minimum humidity ratio threshold [see fig 4; Drawing I]; maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus [0069; 0079; 0090-0092 fig 4; fig 6; where one skilled in the art would determine from fig 4 and Drawing I that a virus half-life duration of 15 minutes corresponds to a predetermined activation time of 30 minutes at the respective humidity and temperature parameters i.e. humidity ratio] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a method and system that improves room air quality and reduces viral infection risk [0008].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have wherein after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus in view of the teachings of Schoch where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a method and system that improves room air quality and reduces viral infection risk.
Regarding Claim 20, as best understood, Onghanseng teaches a non-transitory, computer-readable medium comprising instructions that, when executed by one or more processors of a system [implicitly at control system 65; see also the function at 0056; fig 3],
cause the one or more processors to:
provide a minimum humidity ratio threshold at which transmission of a particular virus is decreased [0042-0045; claim 7; where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom];
determine a humidity ratio of an enclosed space suitable for receiving a living being [0042-0045; claim 7; where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom]; and
in response to determining that the humidity ratio is less than the minimum humidity ratio threshold, increase the humidity ratio until the humidity ratio in the enclosed space is at least equal to the minimum humidity ratio threshold [0042-0045; 0063; 0064; claim 7; where Onghanseng teaches a relative humidity set point and a temperature set point and where humidity ratio can be derived therefrom].
Onghanseng teaches wherein after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for an amount of time [0045; 0064; where an apparatus is switched on until a virus index where the virus has a low survival rate is reached].
Whereas Onghanseng teaches a relative humidity set point and a temperature set point, Onghanseng does not explicitly teach a humidity ratio;
Whereas Onghanseng teaches maintaining the humidity ratio for a period of time i.e. maintaining humidity ratio until the virus reaches a low survival rate, Onghanseng does not explicitly teach wherein after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus.
However, Brahme teaches an HVAC system [0001] having where a controller [200] may calculate a humidity ratio set point based on the temperature set point and the relative humidity set point [0045] and also teaches that the humidity ratio can be sensed using humidity sensor [203; 0026] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a more simplified control structure and parameter.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have wherein a humidity ratio set point can be determined by the temperature set point and the relative humidity set point in view of the teachings of Brahme where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a more simplified control structure and parameter.
Also, Schoch teaches an air treatment system utilizing relative humidity and temperature measurements to captures and inactivate viruses and bacteria [ 0008; 0013; 0069; fig 4] having where after the humidity ratio is at least equal to the minimum humidity ratio threshold [see fig 4; Drawing I]; maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus [0069; 0079; 0090-0092 fig 4; fig 6; where one skilled in the art would determine from fig 4 and Drawing I that a virus half-life duration of 15 minutes corresponds to a predetermined activation time of 30 minutes at the respective humidity and temperature parameters i.e. humidity ratio] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a method and system that improves room air quality and reduces viral infection risk [0008].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have wherein after the humidity ratio is at least equal to the minimum humidity ratio threshold, maintaining the humidity ratio of the enclosed space at or above the minimum humidity ratio threshold for a predetermined amount of time based on the half-life of a virus in view of the teachings of Schoch where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a method and system that improves room air quality and reduces viral infection risk.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onghanseng et al. (US2023/0243797), Brahme et al. (US2019/0301762) and Schoch et al. (US2022/0136730) as applied to claim 3 above, and further in view of Holger (US2012/0089257).
Regarding Claim 4, Onghanseng, as modified, teaches the invention of claim 3 above but does not teach wherein the comfort zone comprises one of: an ASHRAE Standard 55 comfort zone; an EN 15251 comfort zone; or a Givoni-Milne Bioclimatic Chart comfort zone.
However, Holger teaches a cooling/heating system [0002] having wherein the comfort zone comprises one of: an ASHRAE Standard 55 comfort zone; an EN 15251 comfort zone; or a Givoni-Milne Bioclimatic Chart comfort zone [0015] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a standard for determining user comfort and thereby make the system more flexible.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have wherein the comfort zone comprises one of: an ASHRAE Standard 55 comfort zone; an EN 15251 comfort zone; or a Givoni-Milne Bioclimatic Chart comfort zone in view of the teachings of Holger where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a standard for determining user comfort and thereby make the system more flexible.
Claim(s) 6, 9 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onghanseng et al. (US2023/0243797) in view of Brahme et al. (US2019/0301762) and Schoch et al. (US2022/0136730) as applied to claim 1 above, and further in view of Nakaguro (US2010/0230503).
Regarding Claim 6, Onghanseng, as modified, teaches the invention of claim 1 above but does not teach wherein the minimum humidity ratio threshold is 0.01 lb/lb.
However, Nakaguro teaches a method of preventing dispersal of viruses in a vehicle interior [0018] where a humidity threshold is set to .009 lb/lb in order to set the humidity threshold to an optimal value [0047]. Thus, the minimum humidity ratio threshold is 0.01 lb/lb is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is obtaining an optimal humidity ratio.
Therefore, since the general condition of the claim is disclosed by the prior art reference, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide wherein the minimum humidity ratio threshold is 0.01 lb/lb.
Regarding Claim 9, Onghanseng, as modified, teaches the invention of claim 1 above but does not teach wherein the enclosed space comprises an interior of a vehicle.
However, Nakaguro teaches a method of preventing dispersal of viruses [0018] where the enclosed space comprises an interior of a vehicle [0018; 0047] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a more flexible system.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have wherein the enclosed space comprises an interior of a vehicle in view of the teachings of Nakaguro where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a more flexible system.
Regarding Claim 13, Onghanseng, as modified, teaches the invention of claim 1 above but does not teach maintaining, after determining that the humidity ratio is at least equal to the minimum humidity ratio threshold, the humidity ratio.
However, Nakaguro teaches a method of preventing dispersal of viruses [0018] that maintains, after determining that the humidity ratio is at least equal to the minimum humidity ratio threshold, the humidity ratio [0046-0048; 0063; where a dehumidification pattern Pb is utilized to maintain humidity within an optimal zone] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system that increases user comfort [0022].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to maintain, after determining that the humidity ratio is at least equal to the minimum humidity ratio threshold, the humidity ratio in view of the teachings of Nakaguro where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system that increases user comfort.
Regarding Claim 14, Onghanseng, as modified, teaches the invention of claim 1 above but does not teach maintaining, after determining the humidity ratio is at least equal to a maximum humidity ratio threshold, the humidity ratio between the minimum humidity ratio threshold and the maximum humidity ratio threshold.
However, Nakaguro teaches a method of preventing dispersal of viruses [0018] that maintains, after determining the humidity ratio is at least equal to a maximum humidity ratio threshold, the humidity ratio between the minimum humidity ratio threshold and the maximum humidity ratio threshold [0046-0048; 0063; where a dehumidification pattern Pb is utilized to maintain humidity within an optimal zone] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system that increases user comfort [0022].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to maintain, after determining the humidity ratio is at least equal to a maximum humidity ratio threshold, the humidity ratio between the minimum humidity ratio threshold and the maximum humidity ratio threshold in view of the teachings of Nakaguro where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system that increases user comfort.
Regarding Claim 15, Onghanseng, as modified, teaches the invention of claim 14 above and Nakaguro teaches wherein the maximum humidity ratio threshold is within a comfort zone [0046-0048; 0063; where a dehumidification pattern Pb is utilized to maintain humidity within an optimal zone].
Regarding Claim 16, Onghanseng, as modified, teaches the invention of claim 14 above and Nakaguro teaches wherein maintaining the humidity ratio comprises maintaining the humidity ratio for a predetermined amount of time [0083; 0084].
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onghanseng et al. (US2023/0243797) in view of Brahme et al. (US2019/0301762) and Schoch et al. (US2022/0136730) as applied to claim 1 above, and further in view of Matsumoto et al. (US2021/0072713).
Regarding Claim 12, Onghanseng, as modified, teaches the invention of claim 1 above but does not teach before increasing the humidity ratio, detecting a living being entering the space.
However, Matsumoto teaches a droplet range control system [0001; 0002] that before increasing the humidity ratio, detecting a living being entering the space [0036; 0037; 0054; 0172; fig 17] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system whereby virus infection can be efficiently suppressed [0055].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have before increasing the humidity ratio, detecting a living being entering the space in view of the teachings of Matsumoto where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system whereby virus infection can be efficiently suppressed.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onghanseng et al. (US2023/0243797) in view of Brahme et al. (US2019/0301762), Schoch et al. (US2022/0136730) and Nakaguro (US2010/0230503) as applied to claim 16 above, and further in view of Georges et al. (WO2022078745A1).
Regarding Claim 17, Onghanseng, as modified, teaches the invention of claim 16 above but does not teach wherein the predetermined amount of time is based on a half-life of a virus at the minimum humidity ratio threshold.
However, Georges teaches a vehicle decontamination system [0001] wherein the predetermined amount of time is based on a half-life of a virus at the minimum humidity ratio threshold [0004; 0016; 0025] where one of ordinary skill in the art could have combined the method as disclosed by known techniques and that in combination, each method step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system that decontaminate the passenger compartment of the vehicle [0011].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Onghanseng to have wherein the predetermined amount of time is based on a half-life of a virus at the minimum humidity ratio threshold in view of the teachings of Georges where the method could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system that decontaminate the passenger compartment of the vehicle.
Response to Arguments
Applicant’s arguments or assertions with respect to claim(s) 1, 19 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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/LARRY L FURDGE/Primary Examiner, Art Unit 3763
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