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 Invention I and Species I in the reply filed on 12/28/2025 is acknowledged.
Claims 2-8, 12-13, 16, 18, and 20-25 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention and Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/28/2025.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“positive and negative pressure fluid carried substance generation processors” defined in paragraph [0006] of the specification as including an air conditioning apparatus (6.1), a super oxygen generator (6.2), a negative ion generator (6.3), a catalyst release controller (6.4), a humidification, dehumidification and humidity control apparatus (6.5), a super oxygen generation water mixer (6.6), a disinfection, sterilization and degradation apparatus (6.9), a filtering and refreshing apparatus (6.10), a stain removal and oil dispelling cleaning apparatus (6.11), a refrigeration, heating and temperature control apparatus (6.13), a carried substance generator item addition and upgrading module (6.16), an airflow carried substance generator (6.01), an airflow carried substance generator integration (6.02), a waterflow carried substance generator (6.03), a waterflow carried substance generator integration (6.04), and an integrated pipeline type positive and negative fluid carried substance generator (6.05). Examiner notes that claim 19 recites structure and therefore is not being interpreted under 112(f).
“positive and negative pressure intelligent regulation and control apparatus” in claim 1 which is defined in paragraph [0006] of applicant’s description as including an integrated circuit, a chip, a regulation and control system for a fluid and carried substance thereof. Examiner notes that claim 19 recites structure and therefore is not being interpreted under 112(f).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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.
(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Goetz et al. (US 2016/0310622 A1).
Regarding claim 9, Goetz discloses an intelligent positive and negative pressure system (Goetz 100) comprising:
A positive and negative pressure cabin (Goetz 102);
Positive and negative pressure fluid carried substance generation processors in the form of a disinfection apparatus (Goetz 141) and a humidity control apparatus (Goetz 101A) which are consistent with applicant’s definition in paragraph [0006] of the specification;
A positive and negative pressure intelligent regulation and control apparatus (Goetz 155, [0033]) (Examiner notes the microprocessor recited in paragraph [0033] of the reference is consistent with the definition of the regulation and control apparatus in paragraph [0006] of applicant’s specification) and;
An air evacuation pump (Goetz 106, [0029]). (Examiner notes that the air inflation pump is recited in the alternative with the air evacuation pump and therefore is not required when an air evacuation pump is present)
Wherein the positive and negative pressure intelligent regulation and control apparatus and the air evacuation pump are arranged outside the positive and negative pressure cabin (see Goetz figure 1); and
Wherein the positive and negative pressure fluid carried substance generators, and the air evacuation pump are connected to the positive and negative pressure intelligent regulation and control apparatus by lines (Goetz [0033]) (Examiner notes that Goetz discloses the vacuum pump 106 is part of the humidity control system in paragraph [0031] and therefore is connected to the controller 155 even if a connection is not shown in the figure) (Examiner notes that applicant has used the term lines to refer to wires and therefore Goetz’s disclosure of wired connections read upon the claim.).
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.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,499,827 in view of Goetz et al. (US 2016/0310622 A1).
Current Application Claim
Reference Application Claim
1. (Previously Presented) An intelligent positive and negative pressure system, comprising: a positive and negative pressure cabin (1);positive and negative pressure fluid carried substance generation processors (6);a positive and negative pressure intelligent regulation and control apparatus (5); and an air evacuation pump (2) and/or an air inflation pump (3),wherein the positive and negative pressure intelligent regulation and control apparatus (5) and the air evacuation pump (2) and/or air inflation pump (3) are arranged outside the positive and negative pressure cabin (1), and wherein the positive and negative pressure fluid carried substance generation processors (6), the air evacuation pump (2) and/or the air inflation pump (3) are connected to the positive and negative pressure intelligent regulation and control apparatus (5) by lines (D) or bundled lines (E).
1. A positive and negative pressure system, comprising a positive and negative pressure chamber, a suction pump, an inflation pump, a controller, and positive and negative pressure airflow load generation processors; wherein, the positive and negative pressure chamber comprises a chamber body, a chamber door, an mechanical airtight mechanism, and an internal and external communicating sealer; the mechanical airtight mechanism is arranged between the chamber body and the chamber door; the internal and external communicating sealer is fixedly arranged at a rear part of the positive and negative pressure chamber, and all pipelines and circuits getting in and out the chamber are connected to and pass through the internal and external communicating sealer so as to keep a sealing property of the positive and negative pressure chamber; the positive and negative pressure chamber is externally provided with the suction pump, the inflation pump, and the controller;…
As shown in the table above each limitation of the present claim is taught by the reference application except the limitation concerning the use of lines or bundled lines to connected the positive and negative pressure fluid carried substance generation processors, the air evacuation pump and air inflation pump and the positive and negative pressure intelligent regulation and control apparatus.
However, Goetz teaches an intelligent positive and negative pressure system (Goetz 100) comprising:
A positive and negative pressure cabin (Goetz 102);
Positive and negative pressure fluid carried substance generation processors in the form of a disinfection apparatus (Goetz 141) and a humidity control apparatus (Goetz 101A) which are consistent with applicant’s definition in paragraph [0006] of the specification;
A positive and negative pressure intelligent regulation and control apparatus (Goetz 155, [0033]) (Examiner notes the microprocessor recited in paragraph [0033] of the reference is consistent with the definition of the regulation and control apparatus in paragraph [0006] of applicant’s specification) and;
An air evacuation pump (Goetz 106, [0029]). (Examiner notes that the air inflation pump is recited in the alternative with the air evacuation pump and therefore is not required when an air evacuation pump is present)
Wherein the positive and negative pressure intelligent regulation and control apparatus and the air evacuation pump are arranged outside the positive and negative pressure cabin (see Goetz figure 1); and
Wherein the positive and negative pressure fluid carried substance generators, and the air evacuation pump are connected to the positive and negative pressure intelligent regulation and control apparatus by lines (Goetz [0033]) (Examiner notes that Goetz discloses the vacuum pump 106 is part of the humidity control system in paragraph [0031] and therefore is connected to the controller 155 even if a connection is not shown in the figure) (Examiner notes that applicant has used the term lines to refer to wires and therefore Goetz’s disclosure of wired connections read upon the claim.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the reference application’s positive and negative pressure system to incorporate Goetz’s teachings of wired connections between a controller and components to produce a predictable result of reliable communication that is not prone to interference.
Allowable Subject Matter
Claim 19 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: Goetz as applied to claim 1 is silent regarding the thirteen different solenoid valves and pipeline's carrying air throughout the system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES R BRAWNER whose telephone number is (571)272-0228. The examiner can normally be reached Monday - Friday 8:00am - 4:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHARLES R BRAWNER/ Examiner, Art Unit 3762
/HELENA KOSANOVIC/ Supervisory Patent Examiner, Art Unit 3762
Prosecution Insights