DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of invention(s) in the reply filed on 11/3/25 is acknowledged.
Drawings
The subject matter of this application admits of illustration by a new drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d).
The structural and functional relationships among the cable and sash is unclear and has not been depicted.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1,3,9-14,17-30 and 35-44 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The examiner calls into question the antecedent basis regarding the cable element as follows. While there is a single recitation of “cable stays” in the specification, there are no reference(s) to the cable itself. However, there is an original claim(s) 15 reciting “at least one cable”. This claim(s) merely identifies a broad generic connection of the cable with sash movement. It does not even preclude(s) the cable as an electric transmission line(s). Accordingly, the examiner considers three aspects new matter: that the cable is a mechanical tether; that the cable mounts the sash to the housing; and finally, that it relates to vertical sash movement.
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 1,3,9-14,17-30 and 35-44 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.
With regard to claim(s) 1 & 26, the relationship between the vertical movement of the cable and the rotating movement of the hinge to the open and closed positions is unclear.
With further regard to claim(s) 26, in line(s) 25, the relationship between the “position” and the open and closed positions are unclear.
With regard to claim(s) 41, “ventilation system” lack(s) antecedent basis.
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.
Claims Claim(s) 1, 3, 9, 12, 14, 17, 26-27, 35, 40, 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haulville et al. (10,697,229) in view of Chang (WO 2020/166771).
Haulville et al. (10,697,229) disclose(s):
apparatus 5;
biological and/or chemical materials, column 1, line(s) 41, et seq.;
housing forming a workspace 10;
opening, best seen figure(s) 11;
sash 110;
open position, figure(s) 7;
closed position, figure(s) 8, phantom;
at least one hinge 125;
ventilation system, column 1, second paragraph;
filter 35;
shutter 130.
With regard to claim(s) 1, Haulville et al. (10,697,229) disclose(s) apparatus 5 for effecting safe handling of biological and/or chemical materials, the apparatus comprising: a housing enclosing a workspace 10, wherein the housing comprises an opening for accessing the workspace; a sash 110 mounted to the housing, the sash being configured to move between a closed position in which the sash covers the opening of the workspace and an open position in which the sash does not cover the opening of the workspace; and at least one hinge 125 for rotating the sash outboard of the workspace.
Haulville et al. (10,697,229) is/are silent on at least one cable mounting the sash to the housing for vertically moving the sash relative to the workspace. Chang (WO 2020/166771) teach(es) at least one cable mounting the sash to the housing for vertically moving the sash relative to the workspace in a ventilation apparatus for effecting safe handling of biological and/or chemical materials. Please see figure(s) 6.
With regard to claim(s) 26, Haulville et al. (10,697,229) disclose(s) a method for effecting safe handling of biological and/or chemical materials, the method comprising: providing apparatus 5 comprising: a housing enclosing a workspace 10, wherein the housing comprises an opening for accessing the workspace; a sash 110 mounted to the housing, the sash being configured to move between a closed position in which the sash covers the opening of the workspace and an open position in which the sash does not cover the opening of the workspace; and at least one hinge 125 for rotating the sash outboard of the workspace disposing the sash in a position relative to the workspace.
Haulville et al. (10,697,229) is/are silent on at least one cable mounting the sash to the housing for vertically moving the sash relative to the workspace. Chang (WO 2020/166771) teach(es) at least one cable mounting the sash to the housing for vertically moving the sash relative to the workspace in a ventilation apparatus for effecting safe handling of biological and/or chemical materials. Please see figure(s) 6.
With regard to claim(s) 3, Haulville et al. (10,697,229) is/are silent on a workspace light. Chang (WO 2020/166771) teach(es) a workspace light; 43.
With regard to claim(s) 9 & 27 & 35, both reference(s) are replete in discussion of a ventilation system. Haulville et al. (10,697,229) is/are silent on a command module actuating the sash motor. Chang (WO 2020/166771) teach(es) a command module actuating the sash motor. Please see machine translation, page 5, 5th paragraph.
With regard to claim(s) 12, Haulville et al. (10,697,229) lack(s) wireless remote control. Chang (WO 2020/166771) teach(es) remote control, title, abstract, and shows sash motor control as established supra.
With regard to claim(s) 17, Haulville et al. (10,697,229) lack(s) a retractable cable stay. Chang (WO 2020/166771) disclose(s) a cable stay, at 73, best seen figure(s) 6.
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Haulville et al. (10,697,229) to: provide/substitute at least one cable mounting the sash to the housing for vertically moving the sash relative to the workspace; provide sash motor control; provide wireless control; provide a workspace light; & provide a retractable cable stay in order to simplify design as taught by Chang (WO 2020/166771).
With regard to claim(s) 14, Haulville et al. (10,697,229) disclose(s) a downwardly pivoting sash; & of course has an inner an out surface. Please see figure(s) 8.
With regard to claim(s) 40, Haulville et al. (10,697,229) disclose(s) a ventilation filter 35.
Claims 13 & 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) as applied to claims 1, 3, 9, 12, 14, 17, 26-27, 35, 40, 43 above, and further in view of Lehmann et al. (2013/0008929).
Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) is/are silent on a decontamination system having a reservoir, & comprising an array with at least one dispersion head. Lehmann et al. (2013/0008929) teach(es) a decontamination system with reference(s) to both an array & head in an apparatus for effecting safe handling of biological and/or chemical materials; [0011] & [0019]. Further, to be functional the decontamination system of Lehmann et al. (2013/0008929) must use some feature(s) constituting a reservoir.
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) to provide/substitute a decontamination system in order to enhance safety as taught by Lehmann et al. (2013/0008929).
Claims 18, 20 & 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) as applied to claims 1, 3, 9, 12, 14, 17, 26-27, 35, 40, 43 above, and further in view of Desrochers (11,801,538).
With regard to claim(s) 18 & 29, Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) lack(s) a sensor detecting sash position resulting in a visual indicator. Desrochers (11,801,538) teach(es) a sensor detecting sash position resulting in a visual indicator in an apparatus for effecting safe handling of biological and/or chemical materials; column 49, line(s) 49, et seq. Desrochers (11,801,538) illuminates the workspace in control constituting a visual indicator.
With regard to claim(s) 20, Desrochers (11,801,538) emits a solid signal.
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) to provide a sensor detecting sash position resulting in a visual indicator in order to increase efficiency as taught by Desrochers (11,801,538).
Claims 22-23 & 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) as applied to claims 1, 3, 9, 12, 14, 17, 26-27, 35, 40, 43 above, and further in view of Jacob (5,882,254).
With regard to claim(s) 22 & 30, Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) lack(s) a computer evaluating camera imaging to identify materials in the workspace. Jacob (5,882,254) teach(es) a computer evaluating camera imaging to identify materials in an apparatus for effecting safe handling of biological and/or chemical materials; top of column 6 for the computer aspect; camera imaging is replete.
With regard to claim(s) 23, both Haulville et al. (10,697,229) and Chang (WO 2020/166771) disclose(s) visual indicators on the face of their respective housings.
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) to provide a computer evaluating camera imaging to identify materials in order to enhance safety as taught by Jacob (5,882,254).
Claims 36-37, 39 & 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) as applied to claims 1, 3, 9, 12, 14, 17, 26-27, 35, 40, 43 above, and further in view of Tindale et al. (8,663,354).
Both Haulville et al. (10,697,229) and Chang (WO 2020/166771) disclose(s) ventilation systems; as delineated supra. Both reference(s) draw from external power as both are line(s) service powered. Chang (WO 2020/166771) disclose(s) sash motor control as previously delineated supra. Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) lack(s) a secondary power source. Tindale et al. (8,663,354) teach(es) a secondary power source in a ventilation apparatus for effecting safe handling of biological and/or chemical materials; column 1, last two paragraphs.
Note additionally, that upon providing a secondary power source, it would be obvious to apply that back-up to the various powered systems including the sash motor & ventilation system.
With regard to claim(s) 37, Tindale et al. (8,663,354) employs a battery as a back-up.
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Haulville et al. (10,697,229) in view of Chang (WO 2020/166771) to provide a battery secondary power source in order to increase efficiency as taught by Tindale et al. (8,663,354).
Conclusion
Be advised, the applicant is not to construe failure by the examiner to be to apply a prior art rejection to any particular claim(s) to be an indication of allowable subject matter.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A DILLON JR whose telephone number is (571)272-6913. The examiner can normally be reached on Monday-Thursday; 8AM-6:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached on (571)272-7805. The fax phone numbers for the organization where this application or proceeding is assigned are (703)305-7687 for regular communications and (703)308-0552 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)308-1134.
/JOSEPH A DILLON JR/Primary Examiner, Art Unit 3653