Prosecution Insights
Last updated: July 17, 2026
Application No. 18/638,848

VENTILATION SYSTEM

Non-Final OA §102§103
Filed
Apr 18, 2024
Priority
Dec 17, 2021 — JP 2021-204795 +1 more
Examiner
SANDERS, JOSHUA T
Art Unit
2119
Tech Center
2100 — Computer Architecture & Software
Assignee
Daikin Industries Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
219 granted / 299 resolved
+18.2% vs TC avg
Strong +36% interview lift
Without
With
+36.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
19 currently pending
Career history
320
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
81.0%
+41.0% vs TC avg
§102
4.0%
-36.0% vs TC avg
§112
3.0%
-37.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 299 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. The Information Disclosure Statements, filed 18 April 2024, 12 July 2024, 16 January 2025, and 25 February 2025 have been fully considered by the examiner. Signed copies are attached. Acknowledgement is made of the preliminary amendment to the specification and claims filed on 18 April 2024, and the application is being examined on the basis of the amended disclosure. Claims 1-3 are pending. Claims 1-3 are rejected, grounds follow. Specification The abstract of the disclosure is objected to because the abstract exceeds 15 lines and/or 150 words and Examiner believes the abstract is not concise as the disclosure permits. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Interpretation Examiner notes the claims include Reference Characters which correspond to elements recited in the detailed description. Reference characters corresponding to elements recited in the detailed description and the drawings may be used in conjunction with the recitation of the same element or group of elements in the claims. The reference characters, however, should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. Generally, the presence or absence of such reference characters does not affect the scope of a claim. (See MPEP 608.01(m)). 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) 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yun Korean Patent KR 102249491. Regarding Claim 3, Yun discloses: A ventilation system comprising: a refrigerant circuit that circulates refrigerant through a compressor (fig. 1, [0038] “Compressor 410”), a first heat exchanger, (fig. 1 430 (evaporator)) and a second heat exchanger; (fig. 1, [0038] “Condenser 420”) an air supply fan (fig. 1, 310) that draws outdoor air into an indoor space through the first heat exchanger; ([0036] “air supply fan 310 for supplying air (SA) to the ventilation zone Z”) an exhaust fan (fig. 1, 320) that exhausts indoor air to an outdoor space through the second heat exchanger; ([0036] “and an exhaust fan for discharging the fluid passing through the ventilation zone Z to the outside. (320).” i.e. “(EA)” exhaust air) a temperature sensor ([0057] “The sensor unit is installed in the unit ventilation zone (Zn)”) for detecting a blow-out temperature (TS) of the air supply fan; ([0058] “The sensor unit may detect temperature information”) a monitoring sensor for detecting state information (CT) that is at least one of an indoor air state, presence or absence of people indoors, and number of people indoors; ([0058] “The sensor unit may detect temperature information, humidity information, harmful gas information, and occupant occupancy information at a plurality of locations when measuring the air pollution state of the unit ventilation zone Zn. For the above-described function, a sensor having a corresponding function is used for the sensor unit, and for example, a temperature sensor, a humidity sensor, a gas detection sensor, and an infrared human body detection sensor may be used.”) and a control unit (CU) that adjusts indoor ventilation rate, ([0040] “The control unit (not shown) is located inside the casing 100” ) wherein types of control modes performed by the control unit (CU) include a first mode to a third mode described below: First mode: A control mode (e.g. [0111] condensation prevention) having higher weighting on the state information (CT), (e.g. humidity) among the state information (CT) and the blow-out temperature (TS) that are usable for adjusting indoor ventilation rate; ([0111] “dehumidifying step (ST230) of performing dehumidification in order to prevent condensation from occurring when the moisture in the unit ventilation zone (Zn) exceeds a preset range, and the dehumidifying step (ST230) ) is the first dehumidification step (ST232) for determining the presence or absence of occupants, and the temperature of the air supplied to the supply air to reduce the moisture generated in the unit ventilation zone (Zn) is higher than the dew point temperature of the unit ventilation zone (Zn).” See also [0114]-[0115] describing raising the supplied air temperature to 20C from 16C to prevent said condensation.) Second mode: A control mode (e.g. cooling control mode) having higher weighting on the blow-out temperature (TS), ([0083] “In this embodiment, the temperature state of the fluid is changed at the time of supply air according to the current temperature and humidity information of the unit ventilation zone (Zn) sensed by the sensor, so that the optimum temperature is supplied to the occupants.”) among the state information (CT) and the blow-out temperature (TS) that are usable for adjusting indoor ventilation rate; (e.g. [0087] “In the first time period, it corresponds to the dawn time, and since it is the time when the occupants go to sleep, the temperature is adjusted to a suitable temperature for sleeping” see also [0093]-[0096] describing ventilation rate adjustments based on cooling mode requirements.) Third mode (e.g. harmful gas exhaust mode) for determining whether to decrease, maintain, or increase the current ventilation rate ([0120] “ if the air condition is maintained as described above, it will adversely affect the health of the occupants, so prompt action is required. In addition, the amount of harmful gas can spread to neighboring areas, so ventilation is required quickly.” [0121] “To this end, when the contaminated unit ventilation zone (Zn) is detected or confirmed (ST310), harmful gas is sucked as quickly as possible and the polluted air is discharged through forced exhaust. At this time, the exhaust fan operates at the maximum RPM”) on a basis of at least a detection result (TS) of the temperature sensor, a set value (SIt) of the blow-out temperature, ([0118] “includes the first control step (ST310) of receiving the current air state of the unit ventilation zone (Zn) in which the abnormality has occurred through the sensor unit”) the detection result (CT) of the monitoring sensor, ([0124] “Therefore, when food is cooked in the kitchen or when a large number of occupants generate carbon dioxide in the living room, ventilation is possible immediately.”) and a set value (TH) of the state information. (e.g. CO2, CO, or O2 range, see [0119] “the meaning of abnormality is, for example, when the amount of oxygen is maintained in the abnormal range, the amount of carbon dioxide is maintained in the abnormal range, or the amount of harmful gas including carbon monoxide is maintained in the abnormal range.”) 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) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yun in view of Fadell US PG-Pub 2012/0130547. Regarding Claim 1, Yun teaches: A ventilation system comprising: a refrigerant circuit that circulates refrigerant through a compressor (fig. 1, [0038] “Compressor 410”), a first heat exchanger, (fig. 1 430 (evaporator)) and a second heat exchanger; (fig. 1, [0038] “Condenser 420”) an air supply fan (fig. 1, 310) that draws outdoor air into an indoor space through the first heat exchanger; ([0036] “air supply fan 310 for supplying air (SA) to the ventilation zone Z”) an exhaust fan (fig. 1, 320) that exhausts indoor air to an outdoor space through the second heat exchanger; ([0036] “and an exhaust fan for discharging the fluid passing through the ventilation zone Z to the outside. (320).” i.e. “(EA)” exhaust air) a temperature sensor ([0057] “The sensor unit is installed in the unit ventilation zone (Zn)”) for detecting a blow-out temperature (TS) of the air supply fan; ([0058] “The sensor unit may detect temperature information”) a monitoring sensor for detecting state information (CT) that is at least one of an indoor air state, presence or absence of people indoors, and number of people indoors; ([0058] “The sensor unit may detect temperature information, humidity information, harmful gas information, and occupant occupancy information at a plurality of locations when measuring the air pollution state of the unit ventilation zone Zn. For the above-described function, a sensor having a corresponding function is used for the sensor unit, and for example, a temperature sensor, a humidity sensor, a gas detection sensor, and an infrared human body detection sensor may be used.”) a control unit (CU) capable of executing a first mode and a second mode described below to adjust indoor ventilation rate; ([0040] “The control unit (not shown) is located inside the casing 100” ) First mode: A control mode (e.g. [0111] condensation prevention) having higher weighting on the state information (CT), (e.g. humidity) among the state information (CT) and the blow-out temperature (TS) that are usable for adjusting indoor ventilation rate; ([0111] “dehumidifying step (ST230) of performing dehumidification in order to prevent condensation from occurring when the moisture in the unit ventilation zone (Zn) exceeds a preset range, and the dehumidifying step (ST230) ) is the first dehumidification step (ST232) for determining the presence or absence of occupants, and the temperature of the air supplied to the supply air to reduce the moisture generated in the unit ventilation zone (Zn) is higher than the dew point temperature of the unit ventilation zone (Zn).” See also [0114]-[0115] describing raising the supplied air temperature to 20C from 16C to prevent said condensation.) Second mode: A control mode (e.g. cooling control mode) having higher weighting on the blow-out temperature (TS), ([0083] “In this embodiment, the temperature state of the fluid is changed at the time of supply air according to the current temperature and humidity information of the unit ventilation zone (Zn) sensed by the sensor, so that the optimum temperature is supplied to the occupants.”) among the state information (CT) and the blow-out temperature (TS) that are usable for adjusting indoor ventilation rate; (e.g. [0087] “In the first time period, it corresponds to the dawn time, and since it is the time when the occupants go to sleep, the temperature is adjusted to a suitable temperature for sleeping” see also [0093]-[0096] describing ventilation rate adjustments based on cooling mode requirements.) Yun differs from the claimed invention in that: an input equipment including type information (SIm) of the control modes as setting information (SI) that can be input by a user, wherein the input equipment is capable of limiting the user who inputs the type information (SIm) of the control modes; However, Fadell teaches a control unit (“VCSU” see fig. 1A-C) for an HVAC system ([0060] “The HVAC system is selectively actuated via control electronics 212 that communicate with the VSCU unit 100 over control wires 298.”) with input equipment (user interface, see figs 5-7 and e.g. [0071] “For example, an HVAC system may include a plurality of variable categories (e.g., energy, schedule, settings, heating/cooling mode, etc.). As described in greater detail below, display 102 may be configured to present a circular menu”) including control modes (e.g. fan control, mode, see fig. 6A and [0077] “FIG. 5C shows the selection of a mode icon 509 representing a heating/cooling/off mode screen, the mode icon 509 comprising two disks 510 and 512 and causing the display of a mode menu”) where the input equipment is capable of limiting the user who inputs the type information (e.g. password protection, see [0085] “For one embodiment, the VSCU unit 100 is programmed to provide a software lockout functionality, wherein a person is required to enter a password or combination before the VSCU unit 100 will accept their control inputs.”) Fadell is analogous art because it is from the same field of endeavor as the invention and other references of building heating, ventilation and air conditioning. One of ordinary skill in the art before the effective filing date of the application could have modified the teachings of Yun to include a user-interface enabled control system with a user-access permission limiting function as suggested by Fadell. One of ordinary skill in the art before the effective filing date of the application could have been motivated to make this modification in order to allow users to conveniently program the system ([0039] “Each VSCU unit includes a user-interface component, such as a rotatable ring. Using the ring, a user can easily navigate through and select between selection options (e.g., to set a temperature setpoint or identify preferences).”) while also preventing unauthorized modifications ([0085] “The software lockout functionality can be highly useful, for example, for Mom and Dad in preventing their teenager from making unwanted changes to the set temperature, for various landlord-tenant scenarios, and in a variety of other situations.”) Regarding Claim 2, Yun teaches: A ventilation system comprising: a refrigerant circuit that circulates refrigerant through a compressor (fig. 1, [0038] “Compressor 410”), a first heat exchanger, (fig. 1 430 (evaporator)) and a second heat exchanger; (fig. 1, [0038] “Condenser 420”) an air supply fan (fig. 1, 310) that draws outdoor air into an indoor space through the first heat exchanger; ([0036] “air supply fan 310 for supplying air (SA) to the ventilation zone Z”) an exhaust fan (fig. 1, 320) that exhausts indoor air to an outdoor space through the second heat exchanger; ([0036] “and an exhaust fan for discharging the fluid passing through the ventilation zone Z to the outside. (320).” i.e. “(EA)” exhaust air) a temperature sensor ([0057] “The sensor unit is installed in the unit ventilation zone (Zn)”) for detecting a blow-out temperature (TS) of the air supply fan; ([0058] “The sensor unit may detect temperature information”) a monitoring sensor for detecting state information (CT) that is at least one of an indoor air state, presence or absence of people indoors, and number of people indoors; ([0058] “The sensor unit may detect temperature information, humidity information, harmful gas information, and occupant occupancy information at a plurality of locations when measuring the air pollution state of the unit ventilation zone Zn. For the above-described function, a sensor having a corresponding function is used for the sensor unit, and for example, a temperature sensor, a humidity sensor, a gas detection sensor, and an infrared human body detection sensor may be used.”) and a control unit (CU) that adjusts indoor ventilation rate, ([0040] “The control unit (not shown) is located inside the casing 100” ) wherein the control unit (CU) executes the first mode regardless of the control mode type information (SIm) input to the input equipment when a detection result (CT) of the monitoring sensor exceeds a predetermined threshold value: ([0111] “a dehumidifying step (ST230) of performing dehumidification in order to prevent condensation from occurring when the moisture in the unit ventilation zone (Zn) exceeds a preset range”) First mode: A control mode (e.g. [0111] condensation prevention) having higher weighting on the state information (CT), (e.g. humidity) among the state information (CT) and the blow-out temperature (TS) that are usable for adjusting indoor ventilation rate; ([0111] “dehumidifying step (ST230) of performing dehumidification in order to prevent condensation from occurring when the moisture in the unit ventilation zone (Zn) exceeds a preset range, and the dehumidifying step (ST230) ) is the first dehumidification step (ST232) for determining the presence or absence of occupants, and the temperature of the air supplied to the supply air to reduce the moisture generated in the unit ventilation zone (Zn) is higher than the dew point temperature of the unit ventilation zone (Zn).” See also [0114]-[0115] describing raising the supplied air temperature to 20C from 16C to prevent said condensation.) Second mode: A control mode (e.g. cooling control mode) having higher weighting on the blow-out temperature (TS), ([0083] “In this embodiment, the temperature state of the fluid is changed at the time of supply air according to the current temperature and humidity information of the unit ventilation zone (Zn) sensed by the sensor, so that the optimum temperature is supplied to the occupants.”) among the state information (CT) and the blow-out temperature (TS) that are usable for adjusting indoor ventilation rate; (e.g. [0087] “In the first time period, it corresponds to the dawn time, and since it is the time when the occupants go to sleep, the temperature is adjusted to a suitable temperature for sleeping” see also [0093]-[0096] describing ventilation rate adjustments based on cooling mode requirements.) Yun differs from the claimed invention in that: an input equipment including type information (SIm) of the control modes as setting information (SI) that can be input by a user, However, Fadell teaches a control unit (“VCSU” see fig. 1A-C) for an HVAC system ([0060] “The HVAC system is selectively actuated via control electronics 212 that communicate with the VSCU unit 100 over control wires 298.”) with input equipment (user interface, see figs 5-7 and e.g. [0071] “For example, an HVAC system may include a plurality of variable categories (e.g., energy, schedule, settings, heating/cooling mode, etc.). As described in greater detail below, display 102 may be configured to present a circular menu”) including control modes (e.g. fan control, mode, see fig. 6A and [0077] “FIG. 5C shows the selection of a mode icon 509 representing a heating/cooling/off mode screen, the mode icon 509 comprising two disks 510 and 512 and causing the display of a mode menu”) where the input equipment is capable of limiting the user who inputs the type information (e.g. password protection, see [0085] “For one embodiment, the VSCU unit 100 is programmed to provide a software lockout functionality, wherein a person is required to enter a password or combination before the VSCU unit 100 will accept their control inputs.”) Fadell is analogous art because it is from the same field of endeavor as the invention and other references of building heating, ventilation and air conditioning. One of ordinary skill in the art before the effective filing date of the application could have modified the teachings of Yun to include a user-interface enabled control system with a user-access permission limiting function as suggested by Fadell. One of ordinary skill in the art before the effective filing date of the application could have been motivated to make this modification in order to allow users to conveniently program the system ([0039] “Each VSCU unit includes a user-interface component, such as a rotatable ring. Using the ring, a user can easily navigate through and select between selection options (e.g., to set a temperature setpoint or identify preferences).”) while also preventing unauthorized modifications ([0085] “The software lockout functionality can be highly useful, for example, for Mom and Dad in preventing their teenager from making unwanted changes to the set temperature, for various landlord-tenant scenarios, and in a variety of other situations.”) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Gao et al., CN 112944560 A – reciting a substantially similar control algorithm to Claim 1, except applied to a stand-alone ventilator (i.e. does not disclose the refrigerant loop or compressor system.) Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T SANDERS whose telephone number is (571)272-5591. The examiner can normally be reached Generally Monday through Friday. 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, Mohammad Ali can be reached at 571-272-4105. 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. /J.T.S./Examiner, Art Unit 2119 /MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
Read full office action

Prosecution Timeline

Apr 18, 2024
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
99%
With Interview (+36.3%)
2y 9m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 299 resolved cases by this examiner. Grant probability derived from career allowance rate.

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