CTNF 18/573,689 CTNF 96369 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 Claims 8-14 in the reply filed on 4/20/2026 is acknowledged. Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 8-9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 106288198 A, provided in Applicant’s IDS of 11/26/2024, separate translation copy provided and relied upon by Examiner) in view of Imazeki (WO 2019180998 A1, provided in Applicant’s IDS of 12/22/2023, separate translation copy provided and relied upon by Examiner) . Regarding claim 8 , Li teaches An apparatus for delivering a virus action suppressing component, the apparatus comprising: a virus action suppressing component-generating device (abstract: an air purifier) ; a humidity sensor configured to detect a humidity in the space (abstract: receiving air humidity related information returned by the air humidifier according to the air humidity related information) ; But does not teach configured to deliver an active ingredient including the virus action suppressing component into a space a control device configured to: determine whether the humidity in the space is equal to or higher than, a first set value, and increase an amount of the active ingredient delivered into the space when the humidity in the space is determined to be equal to or higher than, the first set value, compared to the amount of the active ingredient delivered into the space when the humidity in the space is determined to be less than the first set value. Imazeki teaches an air conditioner (abstract) that has a sterilizing function involving delivering an active ingredient including a virus action suppressing component (pg. 3 par. 5: The duct 24 may be provided with an ion generator that includes ions in the airflow. In this case, the ion generator generates ions by discharging in the atmosphere. The ion generator is preferably configured to generate positive ions H .sup.+ (H .sub.2 O) m and negative ions O .sup.2− (H .sub.2 O) n in which m and n are arbitrary natural numbers, respectively. In this case, positive and negative ions attach to and react with the surface of airborne bacteria and viruses in the air, generating active species OH radicals (.OH) and hydrogen peroxide (H .sub.2 O .sub.2 ) on the surface, thereby sterilizing). Li teaches an air purification device but does not teach a specific means of purifying the air, which Imazeki provides. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air purification means of Li to comprise an ion generator that infuses the airflow with ions in order to generate OH radicals and hydrogen peroxide, as taught by Imazeki, as one suitable means of purifying air. Li modified by Imazeki still does not teach a control device configured to: determine whether the humidity in the space is equal to or higher than, a first set value, and increase an amount of the active ingredient delivered into the space when the humidity in the space is determined to be equal to or higher than, the first set value, compared to the amount of the active ingredient delivered into the space when the humidity in the space is determined to be less than the first set value. Li teaches adjusting the purifying strength (pg. 2 par. 3-5: Optionally, according to the air humidity related information, and adjusting the cleaning strength of the air purifier, comprising: the specific numerical value of the air humidity to compare with the set threshold value; The result of the comparison, adjusting the cleaning strength of the air purifier) and more specifically, lowering the purifying strength when the humidity is lower than a set threshold (pg. 2 par. 12-13: the specific value of the air humidity is lower than a first preset threshold, reduce the purification intensity to a first intensity of the air purifier; the specific value of the air humidity is lower than a second preset threshold, reducing intensity of purifying the air purifier to the second intensity). Therefore, Li clearly teaches that the purifying strength should directly scale with the humidity. In order to adjust the purifying strength in accordance with the humidity, there would necessarily be times where the purifying strength must be increased if the humidity is above those same thresholds in order for it to be possible to lower the strength to begin with when the humidity falls below those thresholds. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Li to be configured to increase the amount of air purification (and thus active ingredient) when the humidity is equal to or higher than a set threshold, as taught by Li, in order to continually adjust the purifying strength according to the humidity, to increase overall sterility. Regarding claim 9 , Li modified by Imazeki teaches the apparatus according to claim 8, as set forth above, but does not teach further comprising: a blower device configured to generate an air flow and deliver the active ingredient into the space by the air flow, wherein the control device is configured to increase the amount of the active ingredient delivered into the space by increasing an air flow volume of the blower device when the humidity in the space is determined to be equal to or higher than, the first set value . Li modified by Imazeki teaches increasing the purification strength when the humidity is higher than a first set value (see Li modification in claim 8 rejection). However, Li itself does not teach a specific mechanism for air purification and adjusting the air purification. Imazeki provides a means to accomplish this function. Imazeki teaches a blower (pg. 2 par. 6: as shown in FIG. 2, a blower (blower device) 2) wherein the air volume is adjusted according to the humidity by controlling the fan/blower (pg. 9 last par.: Make the air volume after clothing drying variable according to humidity. That is, the air volume at the time of odor return control may be made variable according to the detection result by the humidity sensor 41 instead of leaving the air volume at the time of drying clothes. In this case, the odor return control unit 31 increases the air volume if it is determined that the humidity is higher than a predetermined value from the detection result of the humidity sensor 41, and decreases the air volume if it is determined that the humidity is lower than the predetermined value. As described above, an instruction is issued to the fan drive unit 34 to control the drive of the fan motor 23). This is already similar to Li’s teaching of increasing a variable in response to humidity increasing. Furthermore, varying the volume of the air carrying the sterilant would in turn adjust the purifying strength. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air purification means of Li to comprise a blower that can be controlled to increase the air volume in response to the humidity being higher than a set point, as taught by Imazeki, as a means of adjusting the air purification strength in response to changes in humidity. Regarding claim 13 , Li modified by Imazeki teaches the apparatus according to claim 8, as set forth above, and teaches wherein the apparatus is configured to set a delivery direction of the active ingredient to either or both of a direction toward a wall surface and a direction toward a floor surface when the humidity in the space is determined to be equal to or higher than, the first set value, (see Li modification in claim 8 rejection) the wall surface and the floor surface defining the space (pg. 12 par. 8: to ensure comfort in the room; NOTE: a room would have a wall surface and a floor surface defining the space and when the device is in the room, the air it releases would be directed towards at least one of the surfaces in the room, which would either be a wall or a floor and furthermore, either way, this would be dependent on how the apparatus is oriented; the device would be capable of directing sterilant towards a wall or floor depending on its orientation, which is sufficient to read on this limitation since the walls/floor are not positively recited) . 07-21-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Li modified by Imazeki in view of Wang (CN 112944534 A) . Regarding claim 10 , Li modified by Imazeki teaches the apparatus according to claim 8, as set forth above, and teaches a humidifying device configured to humidify the space (abstract: device of air humidifier), but does not teach wherein the humidifying device stops humidifying the space when the humidity in the space is determined to be equal to or higher than a second value . Li teaches wherein the humidifying device decreases humidification when the humidity is determined to be equal to or higher than a set value (pg. 9 par. 5: when monitoring that the air humidity is lower than second preset humidity threshold and higher than the first humidity threshold, lowering the humidifying strength; NOTE: the first humidity threshold is not referred to as the first preset threshold and therefore it reads on a second value) but does not teach wherein the humification device stops entirely. However, a decrease to zero output is merely one of a finite range of possible changes in output. A mere change in proportion, even if it leads to better results, holds no patentable significance: MPEP 2144.05.II.A: Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions." especially if it can be shown that the change in proportions can be done by one of ordinary skill in the art through routine optimization of a known result-effective variable (MPEP 2144.05.II.B : the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process ). In this case, the decrease in output affects how fast the desired humidity can be reached. Furthermore, there is prior art that teaches stopping the humidifier entirely after a set point is exceeded. Wang teaches a mobile humidifier (abstract: The invention claims a photocatalyst sterilization intelligent mobile humidifier). Wang teaches wherein the humidifier is shut off after the humidity exceeds a predetermined threshold (pg. 5 last par.: when the humidity sensor 14 located above the front part of the box body 11 detects that the moisture content in the air exceeds the preset threshold value, the main control board 12 can judge and send the command, so that the atomizing humidifying device 2 stops working). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the humidifier of Li modified by Imazeki to cease humidification operations when the humidity threshold is exceeded, as taught by Wang, in order to optimize how fast the desired humidity set point can be reached . 07-21-aia AIA Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Li modified by Imazeki in view of Chang (KR 102238936 B1) . Regarding claim 11 , Li modified by Imazeki teaches the apparatus according to claim 8, as set forth above, but does not teach a motion sensor configured to detect human presence in the space, wherein the control device is configured to increase the amount of the active ingredient delivered into the space when the humidity in the space is determined to be equal to, or higher than, the first set value and the motion sensor has detected the human presence in the space, compared to the amount of the active ingredient delivered into the space when the humidity in the space is determined to be less than the first set value and the motion sensor has not detected the human presence in the space . Chang teaches an air purification device (abstract: The present invention relates to an air purifying system. The present invention comprises: an air purifying unit which generates a corona discharge; a sterilization and disinfection unit which sterilizes and disinfects an indoor space). Chang teaches having a motion sensor, wherein detection of movement leads air purification in that area (pg. 6 par. 2: At this time, when the object detection sensor 370 detects the movement of a resident, the controller 500 selects the filter 140 closest to the resident. It may be preferentially selected and operated to ventilate the indoor air and the air purified by the air purifying unit 100. That is, by first opening the filter 140 targeting a place closest to a resident, contaminated air may be removed and fresh air may be provided). Giving preferential air treatment in the area and time of an occupant’s presence is advantageous for maximizing the amount of fresh, clean air to the occupant. In addition, the occupant may bring in dirtier air which needs cleaning. Therefore there is motivation to have an increase in air purification strength when an occupant is around. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li modified by Imazeki to have a motion sensor, wherein the controller is configured so that detection of movement causes an increase in air purification strength, as taught by Chang, in order to maximize the amount of fresh, clean air around an occupant as well as cleaning any potentially dirty air accompanying the occupant . 07-21-aia AIA Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Li modified by Imazeki in view of KR 100987833 B1 (hereinafter referred to as ‘833) . Regarding claim 14 , Li modified by Imazeki teaches the apparatus according to claim 13, as set forth above, but does not teach wherein the apparatus delivers the active ingredient in either or both of a direction backward and upward from the apparatus,and a direction forward and downward from the apparatus, the direction backward and upward being the direction toward the wall surface, the direction forward and downward being the direction toward the floor surface . ‘833 teaches an air purifier and humidifier (abstract: An air purifier capable of efficiently purifying and humidifying air can be provided). ‘833 teaches a structure wherein the air output exits through two outlets, one facing directly upwards, which reads on an upward direction, and another diagonal, which reads on a forward direction (Fig. 5: 11, 12). Li also teaches an air purifier and humidifier system but does not teach the structure of the physical apparatus, and ‘833 provides one means of implementing its system. In addition, providing two outlets with different directions improves the distribution of sterilant and therefore improves air purification. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li to have two air outlets, one facing upward and another facing diagonal, for the distribution of its air purification medium, as taught by ‘833, in order to provide a suitable structure for an air purifier and humidifier that distributes its output well . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 12 is 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. Regarding claim 12 Li modified by Imazeki teaches the apparatus according to claim 8, as set forth above, but does not teach further comprising; an audio sensor configured to detect an intensity of a human voice in the space, wherein the control device is configured to increase the amount of the active ingredient delivered into the space when the humidity in the space is determined to be equal or higher than, the first set value and the intensity of the human voice in the space detected by the audio sensor is equal to or higher than a set intensity value, compared to the amount of the active ingredient delivered into the space when the humidity in the space is determined to be less than the first set value and the intensity of the human voice in the space is less than the set intensity value . Typically, motion sensors and infrared sensors are used instead of audio intensity sensors. The closest prior art, Yuan (CN 108931036 A), teaches using audio intensity sensors in an air conditioner to determine a change in the air conditioner output, but decreases the output when voices nearby are detected rather than increasing a sterilization operation (pg. 4 par. 2: a sound detection sensor module is configured to detect sound intensity. sound detecting sensor module transmits the detected voice signal to the microprocessor, preset sound intensity threshold set in the air conditioner control system, can be arranged on the microprocessor when the microprocessor receives the sound intensity signal is higher than the preset threshold. a microprocessor for locating the sound source by the sound detecting sensor module or a sound source location module, after obtaining sound position information by the microprocessor through the control driving module, adjusting the air conditioner air outlet, the air outlet direction of the air away from the sound source direction. so as to achieve the purpose of judging user location through sound detection and function to control air conditioner, when the sound intensity signal detected by the sound detecting sensor module is not higher than the preset threshold value, the air conditioner continuously normal use, not to adjust the air outlet). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANGRU CHEN whose telephone number is (571)272-1201. The examiner can normally be reached Monday-Friday 7:30-5:30. 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, Michael Marcheschi can be reached on (571) 272-1374 . 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. /C.C./Examiner, Art Unit 1796 /KEVIN JOYNER/Primary Examiner, Art Unit 1799 Application/Control Number: 18/573,689 Page 2 Art Unit: 1796 Application/Control Number: 18/573,689 Page 3 Art Unit: 1796 Application/Control Number: 18/573,689 Page 4 Art Unit: 1796 Application/Control Number: 18/573,689 Page 5 Art Unit: 1796 Application/Control Number: 18/573,689 Page 6 Art Unit: 1796 Application/Control Number: 18/573,689 Page 7 Art Unit: 1796 Application/Control Number: 18/573,689 Page 8 Art Unit: 1796 Application/Control Number: 18/573,689 Page 9 Art Unit: 1796 Application/Control Number: 18/573,689 Page 10 Art Unit: 1796 Application/Control Number: 18/573,689 Page 11 Art Unit: 1796 Application/Control Number: 18/573,689 Page 12 Art Unit: 1796
Prosecution Insights