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 § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
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.
Claim(s) 1-4, 10-12, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Rindoks (US20170120233A1) in view of Sakamoto (US5445353).
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rindoks in view of Sakamoto in view of Whittemore (US20060168925A1).
Claim(s) 6-8, 14, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rindoks in view of Sakamoto in view of Sithes (US20090113857A1).
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rindoks in view of Sakamoto in view of Park (US20220370274A1).
Rejection in view of Rindoks and Sakamoto
Claim 1: Rindoks teaches a downdraft table (Abstract teaches lab work cabinet) comprising: a perforated work surface (Figure 2 shows there are perforations at 52 and 50); a clamping assembly including: four scissor mechanisms, each located at one of four corners of an filter intake, one end of each of the scissor mechanisms mounted to a fixed position within the filter intake ([0028]-[0029] teaches the use of scissor jack mechanisms 62/64 and 82/84, each pair has one on opposing sides of the filter.); a translating structure, an opposite end of each of the scissor mechanisms mounted to the translating structure (It teaches the mounting bars with pivoted scissor links, the bars are 66 and 68, each of which is attached to opposing sides of scissor mechanisms on each side. Examiner notes that the limitation “structure” is broad and without specifying what it is, this can read upon the limitation.); two spacer bars, each connecting pivot points of two of the scissor mechanisms, the spacer bars to selectively move two pairs of the pivot points of the scissor mechanisms with reference to each other (Spacer bars can be drive rods 74.); and an adjustment screw to selectively change a distance between the spacer bars, and thereby change the position of the translating structure ([0028]-[0029] teaches the mounting bars with pivoted scissor links and a threaded drive nut affixed to the pivot and a threaded drive rod which change the extension and retraction of the scissors. These are on opposite ends of the plenum section 40A and 40B. These are meant to extend and retract for installing and supporting the filters 46 and 44. One screw can be in use while the other is not which can cause a change in distance between the bars. This limitation can also be considered intended usage.); a filter cavity to receive a filter insert, the filter insert to be pressed against a filter seat at a fan plenum by the translating structure, wherein rotating of the adjustment screw drives a uniform movement of the translating structure with reference to the filter insert (This is where the filters 44 and 46 would go. Figures show that the jacks are pressed against the filter in the plenum when in use. When the jacks are in use they would move the filter.); and a fan assembly to draw air through the perforated work surface, the clamping assembly, the filter insert, and the fan plenum and exhaust filtered air out of the downdraft table (Figure 2 shows the air flowing through the workspace, into the plenum with the fan and going back out into the table. There is also an exhaust 55 if it does not go back down to the table.).
If Rindoks does not teach the exact scissor jack orientation, it would be obvious in view of Sakamoto. Sakamoto teaches in figure 1 four scissor jacks that are connected by translating bars/structure (The translation bar can be the bottom and top portions of 31 and 41 or it can be the bars in which screw 34 is attached to on each one.). Figure 1 also teaches spacer bars for the pivot points of each scissor jack as seen by the rods connecting the middle of the X shape to each other. It also teaches a handle 38 for the screws 33 and 34 in order to turn both scissor jacks at once. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have this scissor jack operated by a single screw as Sakamoto teaches this allows for smoother inclination and descent of the device.
Claim 10: Rindoks teaches a filter compartment (Abstract teaches lab work cabinet with filters.) comprising: a housing including an filter intake and a filter outlet (Figures 2 and 3 show the air path going into and out of both filters.); a clamping assembly including: four scissor mechanisms, each located at one of four corners of an filter intake, one end of each of the scissor mechanisms mounted to a fixed position within the filter intake ([0028]-[0029] teaches the use of scissor jack mechanisms 62/64 and 82/84, each pair has one on opposing sides of the filter.); a translating structure, an opposite end of each of the scissor mechanisms mounted to the translating structure (It teaches the mounting bars with pivoted scissor links, the bars are 66 and 68, each of which is attached to opposing sides of scissor mechanisms on each side. Examiner notes that the limitation “structure” is broad and without specifying what it is, this can read upon the limitation.); two spacer bars, each connecting pivot points of two of the scissor mechanisms, the spacer bars to selectively move two pairs of the pivot points of the scissor mechanisms with reference to each other (Spacer bars can be drive rods 74.); and an adjustment screw to selectively change a distance between the spacer bars, and thereby change the position of the translating structure ([0028]-[0029] teaches the mounting bars with pivoted scissor links and a threaded drive nut affixed to the pivot and a threaded drive rod which change the extension and retraction of the scissors. These are on opposite ends of the plenum section 40A and 40B. These are meant to extend and retract for installing and supporting the filters 46 and 44. One screw can be in use while the other is not which can cause a change in distance between the bars. This limitation can also be considered intended usage.); a filter cavity to receive a filter insert, the filter insert to be pressed against a filter seat at a fan plenum by the translating structure, wherein rotating of the adjustment screw drives a uniform movement of the translating structure with reference to the filter insert (This is where the filters 44 and 46 would go. Figures show that the jacks are pressed against the filter in the plenum when in use. When the jacks are in use they would move the filter.).
If Rindoks does not teach the exact scissor jack orientation, it would be obvious in view of Sakamoto. Sakamoto teaches in figure 1 four scissor jacks that are connected by translating bars/structure (The translation bar can be the bottom and top portions of 31 and 41 or it can be the bars in which screw 34 is attached to on each one.). Figure 1 also teaches spacer bars for the pivot points of each scissor jack as seen by the rods connecting the middle of the X shape to each other. It also teaches a handle 38 for the screws 33 and 34 in order to turn both scissor jacks at once. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have this scissor jack operated by a single screw as Sakamoto teaches this allows for smoother inclination and descent of the device.
Claim 2: Rindoks teaches a perforated rear wall, wherein the fan assembly is further to draw air through the perforated wall (Figure 2 shows the perforated rear wall 52 where the fan draws air up into the filters.).
Claims 3 and 11: Rindoks and Sakamoto teaches the rotation of the adjustment screw further changes a position of folding legs making up each of the scissor mechanisms (This would raise or lower the scissor jacks, which changes the position of the folding legs.).
Claims 4 and 12: Rindoks teaches an access door to provide an operator access to the filter insert ([0030] teaches that the front wall 24 is able to be lifted to access the filters.).
Claim 15: Rindoks teaches a method of using a clamping assembly for filter replacement within a filter compartment comprising: uniformly retracting the clamping assembly from a dirty filter insert ([0031]-[0032] teaches that the retraction of the scissor jacks can allow for the filter to be removed and replaced. Doing both at the same time would read upon uniformly retracting.), wherein the clamping assembly includes: four scissor mechanisms, each located at one of four corners of an filter intake, one end of each of the scissor mechanisms mounted to a fixed position within the filter intake ([0028]-[0029] teaches the use of scissor jack mechanisms 62/64 and 82/84, each pair has one on opposing sides of the filter.); a translating structure, an opposite end of each of the scissor mechanisms mounted to the translating structure (It teaches the mounting bars with pivoted scissor links, the bars are 66 and 68, each of which is attached to opposing sides of scissor mechanisms on each side. Examiner notes that the limitation “structure” is broad and without specifying what it is, this can read upon the limitation.); two spacer bars, each connecting pivot points of two of the scissor mechanisms, the spacer bars to selectively move two pairs of the pivot points of the scissor mechanisms with reference to each other (Spacer bars can be drive rods 74.); and an adjustment screw to selectively change a distance between the spacer bars, and thereby change the position of the translating structure ([0028]-[0029] teaches the mounting bars with pivoted scissor links and a threaded drive nut affixed to the pivot and a threaded drive rod which change the extension and retraction of the scissors. These are on opposite ends of the plenum section 40A and 40B. These are meant to extend and retract for installing and supporting the filters 46 and 44. One screw can be in use while the other is not which can cause a change in distance between the bars. This limitation can also be considered intended usage.) wherein rotation of the adjustment screw in a first direction drives retraction of the translating structure from the dirty filter insert ([0028]-[0029] teaches the use of scissor jack mechanisms 62/64 and 82/84, each pair has one on opposing sides of the filter. It teaches the mounting bars with pivoted scissor links and a threaded drive nut affixed to the pivot and a threaded drive rod which change the extension and retraction of the scissors. These are on opposite ends of the plenum section 40A and 40B. These are meant to extend and retract for installing and supporting the filters 46 and 44.); replacing the dirty filter insert with a clean filter insert within the filter compartment ([0031]-[0032] teaches replacement of the filter.); and uniformly extending the translating structure to press the clean filter insert against a filter seat at a fan plenum by rotating the adjustment screw in a second direction opposite the first direction ([0031]-[0032] teaches the extension of the scissor jacks to clamp and seal the new filter. Turning it one way to lower and one way to raise is scissor jacks work. Doing it uniformly can be done by doing both at the same time.).
If Rindoks does not teach the exact scissor jack orientation, it would be obvious in view of Sakamoto. Sakamoto teaches in figure 1 four scissor jacks that are connected by translating bars/structure (The translation bar can be the bottom and top portions of 31 and 41 or it can be the bars in which screw 34 is attached to on each one.). Figure 1 also teaches spacer bars for the pivot points of each scissor jack as seen by the rods connecting the middle of the X shape to each other. It also teaches a handle 38 for the screws 33 and 34 in order to turn both scissor jacks at once. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have this scissor jack operated by a single screw as Sakamoto teaches this allows for smoother inclination and descent of the device.
Claim 16: Rindoks teaches the filter compartment is within a downdraft table (Abstract teaches work cabinet), the method further comprising: drawing dirty air through one or more of a perforated work surface and a perforated rear wall of the downdraft table and into the filter compartment using a fan assembly (Figure 2 see perforated rear wall 52); filtering the dirty air within the filter compartment to produce clean air output from the filter compartment; and exhausting the clean air out of the downdraft table (Figure 2 see the arrows showing air flow wherein it goes through the filter 44 and comes back out down into the table or leaves through 55 and filter 46.).
Claim 17: Rindoks teaches opening an access door to the filter compartment prior to the retracting operation; and closing the access door after the extending operation ([0030] teaches that the front wall 24 is able to be lifted to access the filters.).
Rejection in view of Rindoks, Sakamoto, and Whittemore
Claims 5 and 13: Rindoks does not explicitly state the filter seat includes a compressible gasket. Rindoks teaches scissor jacks to keep the filters in place. Whittemore teaches in [0096] a filter that use a foam pad or gasket 108 between the filter and the fan body. The foam pad is used to make sure air does not leak through the sides where it is not intended to go. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have a compressible gasket in the device of Rindoks as taught by Whittemore as Whittemore teaches the benefit of making sure this creates a seal so that air only goes through the filter.
Rejection in view of Rindoks, Sakamoto, and Sithes
Claims 6 and 14: Rindoks does not explicitly teach a removable clean-out tray adjacent to the filter insert for particulate collection. Sithes teaches a work space that has particle collection drawers 80 in [0062] and figure 2. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have removable clean out trays adjacent to the filters of Rindoks as taught by Sithes, as Sithes teaches in [0062] that having particle collection drawers under the filters allows for it to collect material that fall from the filters and be used to remove particles and clean them without exposing the interior of the device to the surrounding environment.
Claim 7: Rindoks does not explicitly teach a spark arrestor oriented between the perforated work surface and the filter insert, wherein the fan assembly is further to draw air through the spark arrestor prior to the filter insert. Sithes teaches in [0021] an embodiment for a work station that uses a spark arrestor before the first air filter. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have a spark arrestor before the filter of Rindoks as taught by Sithes, as Sithes teaches in [0043] that spark arrestors improves fires resistance of the device.
Claim 8: Sithes teaches a removable clean-out tray adjacent to the spark arrestor for particulate collection (Sithes teaches the pull out draws 80. Since everything in the device would be close together or bundled within the workspace, having it be adjacent to the spark arrestor would be read upon by this.). If they do not teach this, it would have been obvious to one of ordinary skill before the effective filing date of the invention to have the pieces of the device at an optimal location since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 18: Rindoks does not explicitly teach collecting particulate matter that separates from the dirty air prior to the filtering operation in one or more removable clean-out trays. Sithes teaches a work space that has particle collection drawers 80 in [0062] and figure 2. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have removable clean out trays adjacent to the filters of Rindoks as taught by Sithes, as Sithes teaches in [0062] that having particle collection drawers under the filters allows for it to collect material that fall from the filters and be used to remove particles and clean them without exposing the interior of the device to the surrounding environment. In this case the tray would be prior to the filter as containments would get stuck to the filter on the upstream side and not the downstream side.
Claim 20: Rindoks does not explicitly state arresting sparks using a spark arrestor located between the filter insert and the perforated work surface or the perforated rear wall. Sithes teaches in [0021] an embodiment for a work station that uses a spark arrestor before the first air filter. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have a spark arrestor before the filter of Rindoks as taught by Sithes, as Sithes teaches in [0043] that spark arrestors improves fires resistance of the device.
Rejection in view of Rindoks, Sakamoto, and Park
Claim 9: Rindoks does not explicitly teach a one-way, self-closing louvre to prevent reverse airflow through the perforated work surface. Park teaches a backflow preventing damper for an air supply/exhaust facility 160 ([0082]) and that backflow prevention dampers allow for previously removed contaminants to not reenter the working area ([0099]). It would have been obvious to one of ordinary skill before the effective filing date of the invention to have a backflow preventing damper in the device of Rindoks as taught by Park, as Park teaches to prevent contaminated air from reentering a work zone (the room), and Park teaches the use of a backflow prevention damper with a filter to prevent this.
Claim 19: Rindoks does not explicitly teach precluding particulate from blow-back through the perforated work surface or the perforated rear wall with a one-way self-closing louvre. Park teaches a backflow preventing damper for an air supply/exhaust facility 160 ([0082]) and that backflow prevention dampers allow for previously removed contaminants to not reenter the working area ([0099]). It would have been obvious to one of ordinary skill before the effective filing date of the invention to have a backflow preventing damper in the device of Rindoks as taught by Park, as Park teaches to prevent contaminated air from reentering a work zone (the room), and Park teaches the use of a backflow prevention damper with a filter to prevent this.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner’s note: Examiner believes that further clarification of the structure is required to overcome the prior art. The major structures argued by the applicant is not present in the claims. It is not well defined which scissor mechanisms are connected to which structure and what spacer bars. The use of the transitional phrase comprising can also include items that are not in the claims. The prior art of Sakamoto also teaches multiple scissor jacks being operated by a single screw handle.
“Translating structure” is much more broad than the translating bars that the claim had before. Examiner suggests possibly addressing this to state the structure includes two sets of two bars wherein each bar connects to opposite ends of two scissor mechanisms or otherwise further defining this structure.
“Two spacer bars connecting pivot points of two scissor mechanisms” can refer to any of the four. Examiner notes that applicant wants the spacer bars to attach scissor mechanisms attached to different translating bar sets as seen in figure 5, however this is not in the claims and so a single spacer bar connecting two on the same side can read upon this.
“An adjustment screw” does not necessarily require only one. Examiner suggest possibly changing this to a single adjust screw. However Sakamoto reads up a single adjustment screw.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/P.Y.S/Examiner, Art Unit 1776 07/22/2026
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
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