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 § 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, 6, 8, 11 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Mielnik (WO2007/102798).
Mielnik discloses a system for filling a portion of an interior of an enclosure, the system comprising: a bladder(80) that is flexible, the bladder defining an interior(22) that is configured to retain a fluid, the bladder comprising an inlet(70 or 116) that is configured to fluidly connect the interior of the bladder to an external environment surrounding the bladder, wherein the bladder is configured to be inflated, within the interior of the enclosure, by the fluid from a deflated configuration to an inflated configuration to fill the portion of the interior of the enclosure.
Per claim 6, Mielnik further discloses a pump(60) fluidly connected to the inlet(70), the pump is configured to pump the fluid from the external environment and through the inlet of the bladder to inflate the interior of the bladder, a controller (144) operatively connected to the pump, the controller being configured to control the pump to fill the bladder with the fluid(par. 38, …inflation gas temperature and flow rate…power to the heater..), a temperature regulator(the thing that controls heating/cooling air) that is fluidly connected to the pump and that is configured to at least one of heat or cool the fluid pumped by the pump, a sensor(part of controller that sense the one of the parameters including inflation gas temperature) that is configured to sense a temperature within the interior of the bladder, wherein: the controller is operatively connected to the sensor and to the temperature regulator(it is one system and the controller uses the information to control the temperature of the inflation gas, par. 38), and the controller is configured to automatically control the temperature regulator to maintain a predetermined temperature within the interior of the bladder based upon temperature feedback sensed by the sensor(par. 38).
Per claim 8, Mielnik further discloses the system comprising the enclosure, the portion of the interior of the enclosure defines a first shape and a first size, the bladder in the inflated configuration defines a second shape and a second size, and the second shape substantially corresponds to the first shape and the second size is smaller than the first size, the bladder fills at least 40% of the interior of the enclosure when the bladder is inflated to the inflated configuration within the enclosure (inherently so as it needs to be inflated to the needed level to fully expand the enclosure).
Per claim 11, Mielnik further discloses the enclosure is configured to contain livestock(able to function as claimed).
Claim(s) 21-32, 34-41 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Mielnik (WO2007/102798).
Per claim 21, Mielnik further discloses a system for filling an interior of an enclosure, the system comprising: a bladder(80) that is flexible, the bladder defining an interior that is configured to retain a fluid, the bladder comprising an inlet(70) that is configured to fluidly connect the interior of the bladder to an external environment surrounding the bladder, wherein: the bladder is configured to be inflated by the fluid from a deflated configuration to an inflated configuration, and the bladder fills at least 40% of the interior(inherently so as it fills up to form a frame) of the enclosure when the bladder is inflated to the inflated configuration within the enclosure.
Per claim 22, Mielnik further shows the bladder fills between 40% and 60%,
Inclusive (inherently as the bladder is filled from low to its highest possible pressure), of the enclosure when the bladder is inflated to the inflated configuration within the enclosure.
Per claim 23, Mielnik further shows a pump(60) fluidly connected to the inlet, the pump being configured to pump the fluid from the external environment and through the inlet of the bladder to inflate the interior of the bladder.
Per claim 24, Mielnik further shows a controller operatively connected to the pump, the controller (144) being configured to control the pump(par. 38, see above also for similar designation) to fill the bladder with the fluid; and a pressure sensor(par. 38) configured to sense a pressure within the interior of the bladder, wherein the controller is operatively connected to the pressure sensor and is configured to automatically control the pump to maintain a predetermined pressure within the interior of the bladder based upon pressure feedback sensed by the pressure sensor(par. 38).
Per claim 24, Mielnik further shows a temperature regulator(the switch) that is
fluidly connected to the pump, and the temperature regulator is configured to at least one of heat or cool the fluid pumped by the pump.
Per claim 25, Mielnik further shows the system further comprises a temperature sensor(par. 38) that is configured to sense a temperature within the interior of the bladder, the controller is operatively connected to the temperature sensor and to the temperature regulator, and the controller is configured to automatically control the temperature regulator to maintain a predetermined temperature within the interior of the bladder based upon temperature feedback sensed by the temperature sensor.
Per claim 26, Mielnik further shows the bladder is substantially fluid-tight to
resist leaking of the fluid from the interior of the bladder.
Per claim 27, Mielnik further shows the fluid is air(pump 60).
Per claim 28, Mielnik further shows the fluid comprises a gas(air) that is different than a gas(gases by 100) that fills the interior of the enclosure surrounding the bladder.
Per claim 29, Mielnik further shows the bladder comprises at least one of
nylon, fiberglass polyester, or silicon.
Per claim 30, Mielnik further shows the bladder comprises a coating, and
the coating comprises at least one of polyester, PVC, or vinyl.
Per claim 31, Mielnik further shows a system comprising: an enclosure defining an enclosure interior, the enclosure interior comprising a portion having a first shape and a first size; and a bladder that is flexible, wherein: the bladder is configured to be inflated from a deflated configuration to an inflated configuration to fill the portion of the enclosure interior, the bladder in the inflated configuration defines a second shape and a second size, and the second shape substantially corresponds to the first shape and the second size is smaller than the first size(inherently so as the volume is smaller).
Per claim 32, Mielnik further shows the enclosure comprises a vent(88) that is
configured to vent a gas from the enclosure interior.
Per claim 34, Mielnik further shows the enclosure is configured to contain
Livestock(able to function as claimed).
Per claim 35, Mielnik further shows a surface of the bladder faces a floor (26 or 30) of the enclosure, and the surface, when the bladder is in the inflated configuration within the enclosure interior, comprises first contours and second contours(figure 4).
Per claim 36, Mielnik further shows the first contours(the layer at 90) are spaced from the floor by a first distance when the bladder is in the inflated configuration within the enclosure interior, the second contours(the layer at 92) are spaced from the floor by a second distance when the bladder is in the inflated configuration within the enclosure interior, and the second distance is greater than the first distance.
Per claim 37, Mielnik further shows a system for reducing conditioned air volume within a pre-existing enclosed structure(able to be deployed inside an existing enclosure, the system comprising: an inflatable bladder configured to be positioned inside the pre-existing enclosed structure(able to function as claimed), the inflatable bladder being configured to occupy a portion of an interior of the pre-existing enclosed structure; and an inflation system configured to selectively inflate and deflate the inflatable bladder to vary a displaced air volume within the pre-existing enclosed structure, wherein: the inflatable bladder is arranged above an occupied zone of the pre-existing enclosed structure to reduce an effective ceiling height of the pre-existing enclosed structure, and the inflatable bladder operates in coordination with an existing environmental control system of the pre-existing enclosed structure to reduce heating, cooling, or ventilation energy demand.
Per claim 38, Mielnik further shows the pre-existing enclosed structure is a
livestock housing facility and the inflatable bladder is positioned above an animal-occupied zone to improve thermal uniformity and reduce energy consumption associated with environmental control.
Per claim 39, Mielnik further shows the pre-existing enclosed structure is a
poultry house and the inflatable bladder is configured to reduce conditioned air volume above a bird-occupied floor area.
Per claim 40, Mielnik further shows the inflatable bladder is configured to reduce
at least one of heating, cooling, or ventilation demand of the existing environmental control system.
Per claim 41, Mielnik further shows the inflatable bladder is configured to be
selectively inflated or deflated based on at least one of occupancy, animal growth stage, or environmental conditions.
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.
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mielnik (WO2007/102798).
Mielnik further shows all the claimed limitations except for a fan configured to actively vent the gas from the enclosure interior through the vent.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Mielnik’s structure with a reasonable expectation of success to show a fan configured to actively vent the gas from the enclosure interior through the vent since having a fan as part of the valve would enable the controlled rate of release of the gas pressure as needed and thus provides extra safety measure for the pressured enclosure.
Response to Arguments
Applicant's arguments filed 2/26/2026 have been fully considered but they are not persuasive.
With respect to applicant stating Mielnik not showing a system for filling a portion of an interior of an enclosure, examiner respectfully states the followings.
Aa recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The reference Mielnik shows the claimed structural limitations of the systems, and is applied as a 102 rejection. Mielnik is also able to function as claimed. With respect to the enclosure, the limitation “ enclosure” is not positively claimed. The preamble of the claims “ for filling….an enclosure”; “ for reducing conditioned air volume..within a preexisting enclosure…” clearly claims the system as a subcombination with the enclosure. the reference thus shows the claimed limitations.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/PHI D A/Primary Examiner, Art Unit 3633
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