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 .
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 1-23 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. The claims are rejected for the following reasons.
Claim 1 recites the limitation “to enable the fan of the at least one cleaning device to generate the directional circular airflow for rapidly guiding the air pollution to pass through the filter element multiple times for filtration … and pass through the sterilization component for sterilization,” which renders the claim indefinite because it is unclear from the claim language whether the fan of the at least one cleaning device guides the air pollution to pass multiple times only through the filter element or both the filter element and the sterilization component. However, in view of the specification and Fig. 2B, the examiner interprets the claim limitation to mean that the fan of the at least one cleaning device guides polluted air through both the filter element and the sterilization component of the at least one cleaning device multiple times.
The term “a level close to zero” in claim 1 is a relative term which renders the claim indefinite. The term “a level close to zero” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 4 recites the limitation "intelligently issuing the control command to the plurality of cleaning devices, thereby enabling the fan of one of the plurality of cleaning devices which is near the air pollution position to generate a directional airflow and then enabling the fans of others of the plurality of cleaning devices, so that the directional circular airflow is generated to rapidly guide the air pollution to pass through the filter element multiple times for filtration” which is confusing and unclear. It is unclear as to how the fans of others of the plurality of cleaning devices generate the directional airflow since the claim specifies that it is the fan of one of the plurality of cleaning devices near the air pollution position which generates the directional circular air airflow. It is also unclear from the claim language whether the fan of each cleaning device guides the air pollution to pass multiple times through only the filter element of a corresponding cleaning device or both the filter element and the sterilization component of a corresponding cleaning device.
The term “a level close to zero” in claim 4 is a relative term which renders the claim indefinite. The term “a level close to zero” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “a level close to zero” in claim 5 is a relative term which renders the claim indefinite. The term “a level close to zero” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 5 recites the limitation “so that the air pollution is rapidly guided to pass through the filter element multiple times for filtration…and through the sterilization component for sterilization.” It is unclear from the claim language whether the fan of the at least one cleaning device is intended to guide the air pollution to pass multiple times only through the filter element or both the filter element and the sterilization component.
Claims 6-15 recite the limitation “the fan of the at least one cleaning device is enabled to generate the directional circular airflow in the indoor field for rapidly guiding the air pollution to pass through the filter element multiple times for filtration…and through the sterilization component for sterilization. It is unclear from the claim language whether the fan of the at least one cleaning device is intended to guide the air pollution to pass multiple times only through the filter element or both the filter element and the sterilization component.
Claim Rejections - 35 USC § 102
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.
Claims 1, 2, and 4-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mou et al. (US 2022/0349593).
Regarding claim 1, the reference Mou et al. discloses an indoor air cleaning system, comprising:
a plurality of gas detectors (1a, 1b) disposed in an outdoor field (B) and an indoor field (A) for detecting air pollution information (see paras. [0007]; [0032]; Figs. 1A, 1B) and outputting thereof via Internet of Things (IOT) communication (2a) (see para. [0033]; Fig. 1A, 1B);
at least one cleaning device (3, 4) comprising a fan (C), a filter element and a sterilization component (D) (see paras. [0007]; [0031]; [0052]-[0058]; Fig. 12), wherein the fan (C) is enabled and controlled via IOT communication (2a) to guide an air pollution to pass through the filter element for filtration, and pass through the sterilization component for sterilization (see para. [0033]; Figs. 1A, 1B), and wherein the fan (C) has a specific clean air delivery rate (CADR) for generating a directional circular airflow (see para. [0050]), and the filter element comprises a high efficiency particulate air (HEPA) filter screen (D2) (see para. [0051]; Fig. 12); and
a cloud computing server (2b) receiving the air pollution information of the outdoor field (B) and the indoor field (A) via IOT communication (2a), storing the air pollution information to an air pollution big data database, performing an intelligent computing for comparison based on the big data database, and intelligently selecting and issuing a control command via IOT communication to enable the fan (C) of the at least one cleaning device (3, 4) to generate the directional circular airflow for rapidly guiding the air pollution to pass through the filter element and the sterilization component multiple times, thereby reaching a gas state in the indoor field to a cleanroom class by a cleanliness specification based on a passage number of particles (see paras. [0037]; Figs 1A, 11).
Regarding claim 2, the reference Mou et al. discloses the indoor air cleaning system, wherein the air pollution is at least one selected from the group consisting of particulate matter, carbon monoxide, carbon dioxide, ozone, sulfur dioxide, nitrogen dioxide, lead, total volatile organic compounds (TVOC), formaldehyde, bacteria, fungi, virus and a combination thereof (see para. [0059]).
Regarding claim 4, the reference Mou et al. discloses the indoor air cleaning system, wherein the indoor field is disposed with a plurality of gas detectors and a plurality of cleaning devices, and wherein at least two of the plurality of gas detectors detect and output the air pollution information to the cloud computing server via LOT communication for locating an air pollution position and intelligently issuing the control command to the plurality of cleaning devices, thereby enabling the fan of one of the plurality of cleaning devices which is near the air pollution position to generate a directional airflow and then enabling the fans of others of the plurality of cleaning devices (see paras. [0042]-[0043]).
Regarding claim 5, the reference Mou et al. discloses the indoor air cleaning system, wherein the fan of the at least one cleaning device is enabled according to the air pollution information detected in the indoor field, and through the intelligent computing by the cloud computing server for comparison based on the big data database, an enabling cycle and an air volume of the fan of the at least one cleaning device is dynamically adjusted in real time for generating the directional circular airflow, so that the air pollution is rapidly guided to pass through the filter element multiple times for filtration to a level close to zero and through the sterilization component for sterilization, a cleaning efficiency of the indoor field is improved and an environmental noises of the indoor field is reduced, and the gas state in the indoor field reaches the cleanroom class by the cleanliness specification based on the passage number of particles (see paras.[0007]; [0040]).
Regarding claims 6-15, as no structural distinction is seen between the instantly claimed indoor air cleaning system and the indoor air cleaning system of Mou et al. (see paras. [0037]; Figs 1A; 11), the indoor air cleaning system of Mou et al. is considered capable of performing the functions recited in claims 6-15.
Regarding claim 16, the reference Mou et al. discloses the indoor air cleaning system, wherein the sterilization component comprises a decomposition layer coated on the filter element to sterilize in chemical means (see paras. [0051]-[0052]).
Regarding claim 17, the reference Mou et al. discloses the indoor air cleaning system, wherein the decomposition layer comprises at least one selected from the group consisting of an activated carbon, a cleansing factor containing chlorine dioxide, an herbal protective layer extracted from ginkgo and Japanese rhus chinensis, a silver ion, a zeolite, and a combination thereof (see paras. [0051]-[0052]).
Regarding claim 18, the reference Mou et al. discloses the indoor air cleaning system, wherein the sterilization component comprises a light irradiation element which is combined with the filter element to sterilize in chemical means (see paras. [0053]-[0054]).
Regarding claim 19, the reference Mou et al. discloses the indoor air cleaning system, wherein the light irradiation element is at least one selected from the group consisting of a photo-catalyst unit comprising a photo catalyst and an ultraviolet lamp, a photo-plasma unit comprising a nanometer irradiation tube, and a combination thereof (see paras. [0053]-[0054]).
Regarding claim 20, the reference Mou et al. discloses the indoor air cleaning system, wherein the sterilization component comprises a decomposition unit which is combined with the filter element to sterilize in chemical means (see paras. [0055]-[0056]).
Regarding claim 21, the reference Mou et al. discloses the indoor air cleaning system, wherein the decomposition unit is at least one selected from the group consisting of a negative ion unit, a plasma ion unit, and a combination thereof (see paras. [0055]-[0056]).
Regarding claim 22, the reference Mou et al. discloses the indoor air cleaning system, wherein the cloud computing server comprises a wireless network cloud computing service module, a cloud control service unit, a device management unit and an application program unit (see para. [0033]; Fig. 1A), and each of the plurality of gas detectors comprises a controlling circuit board, a gas detection main part, a microprocessor and a communicator, and wherein the gas detection main part, the microprocessor and the communicator are integrally packaged on the controlling circuit board and electrically connected to the controlling circuit board, the microprocessor controls the detection of the gas detection main part, the gas detection main part detects the air pollution, and the microprocessor processes and provides the air pollution information to the communicator for external transmission (see para. [0061]; Fig. 3).
Regarding claim 23, the reference Mou et al. discloses that the indoor air cleaning system further comprises at least one gas exchanging device (3) disposed in the indoor field for guiding the air from the outdoor field to the indoor file so as to achieve a gas exchanging, wherein through the cloud computing server intelligently compares the air pollution information between the outdoor field and the indoor field, when the air pollution information of the indoor field is greater than the air pollution information of the outdoor field, the cloud computing server issues a control command via IOT communication to enable the gas exchanging device to guide the air from the outdoor field to the indoor field for gas exchanging (see para. [0038]; Figs. 1A, 11).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3 and 5-23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of copending Application No. 18/388,054 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the indoor air cleaning system recited in claims 1-3 and 5-23 of the instant application is taught by claims 1-23 of the reference application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-3 and 5-23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 7-20 of copending Application No. 18/388,022 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the indoor air cleaning system recited in claims 1-3 and 5-23 of the instant application is taught by claims 1, 2, and 7-20 of the reference application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lessanework T Seifu whose telephone number is (571)270-3153. The examiner can normally be reached M-T 9:00 am - 6:30 pm; F 9:00 am - 1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESSANEWORK SEIFU/Primary Examiner, Art Unit 1774
