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 .
Abstract
1. Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. Correction is required. See MPEP § 608.01(b).
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. Correction is required. See MPEP § 608.01(b).
Claim Objections
2. Claims 1 and 18 are objected to because of the following informalities:
In claims 1 and 18, lines 16-17, and 17-18, respectively; the phrase “said temperature control device” should be changed to --temperature modification device-- for proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. — The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 3 recites the limitation of “detrimental material degradation” which is confusing as it is unclear what constitute detrimental material degradation as the specification does not appear to provide any specific range of parameters of. what constitutes an acceptable material degradation. As such the claim limitation is indefinite.
Claim 5 recites the limitation "said intake fan is constructed using an additive manufacturing process” in lines 1-2. The limitations render the claim indefinite as the recitation of “an additive manufacturing process” amount to method or process steps, while the claim is drawn to a device (as provided by the preambles of the claims). Accordingly, the apparent conflicts between the limitations render the claims indefinite as it is unclear which statutory category the claimed invention fall within. Appropriate correction is required.
Claim Rejections - 35 USC § 103
4. 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 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 of this title, 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.
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.
Claims 1 - 4, 6 - 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wooseok (English Translated Korean Patent No.: 102014770 B1), hereinafter referred to as Wooseok ‘770, in view of OKABE (U.S. PG Pub No.: 2016/0153460 A1), hereinafter referred to as OKABE ‘460, further in view of Kumar et al (U.S. PG Pub No.: 2010/0240044 A1), hereinafter referred to as Kumar et al ‘044.
Regarding claims 1 and 9, Wooseok ‘770 discloses a room air monitoring device (Fig. 1) comprising: a housing (40) defining a substantially-closed exposure chamber, said housing comprising an exposure chamber (45) housing matable with a chamber cap (50) {as shown in Figs. 1-3: ¶¶ [0001-0003], [0005-0008], [0012], [0017], [0019], [0024] and [0034]}; an intake fan assembly (10), and to draw ambient air through the chamber cap, into the exposure chamber, and to drive air from the exposure chamber {as shown in Figs. 1-2: ¶¶ [0035], [0037], [0047] and [0059-0060]}; intake fan assembly comprising a fan housing (10), an intake fan (15) and an intake fan electric motor (17) operatively connected to the intake fan to drive rotation of the intake fan when the intake fan electric motor is energized {as shown in Fig. 5: ¶¶ [0035] and [0037]}; and a control system (410) operable to selectively operate to maintain a temperature of said exposure chamber within a desired temperature range, and to energize said intake fan electric motor to cause said intake fan to draw ambient air into said exposure chamber {see ¶¶ [0046-0047] and [0050] and [0059]}.
However, Wooseok ‘770 fails to disclose the limitations of the said chamber cap defining an opening (55) for admitting passage of ambient air into the exposure chamber; and a temperature maintaining system comprising a temperature modification device configured to heat an interior of the exposure chamber above ambient temperature.
OKABE ‘460 teaches: the concept of the chamber cap (Fig 1) defining an opening (44) capable of admitting passage of ambient air into the exposure chamber {as shown in Fig. 1: ¶¶ [0011] and [0016-0021]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wooseok ‘770 chamber cap by the chamber cap of OKABE ‘460 so as to include an opening for admitting passage of ambient air into the exposure chamber, in order to facilitate passage of ambient air into the exposure chamber in an up to down direction.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Wooseok ‘770 in view of OKABE ‘460 to obtain the invention as specified in claims 1 and 9.
Kumar et al ‘044 teach: the concept of a temperature maintaining system (Control circuit) comprising a temperature modification device (heater (12)) configured to heat an interior of the exposure chamber (11) above ambient temperature, and wherein said temperature modification device comprises a resistive film heater (heater (12)) disposed in a position that is at least one of in the exposure chamber (11) and adjacent the exposure chamber {as shown in Fig. 1: ¶¶ [0010], [0025], [0078] and 0081]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wooseok ‘770 in view of Kumar et al ‘044 to include the use of a temperature maintaining system, in order to facilitate control of the temperature of the chamber to accommodate samples within prescript temperature {Kumar et al ‘044 - ¶¶ [0050] and [0075]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Wooseok ‘770 in view of Kumar et al ‘044 to obtain the invention as specified in claims 1 and 9.
Regarding claim 2, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 as modified by OKABE ‘460 further teaches the limitation of wherein said intake fan comprises a radial fan {see ¶¶ [0007], [0011-0012]}.
Regarding claims 3 and 4, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 as modified by OKABE ‘460 further teaches the limitation of wherein said housing and said intake fan and are constructed of a biocompatible material that is autoclavable without detrimental material degradation; wherein said biocompatible material is a photopolymer resin {see ¶ [0016] and [0038]}.
Regarding claim 6, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 discloses wherein at least one of said housing and said fan housing defines an outlet port configured to exhaust air in the exposure chamber from the device {see ¶ [0047] and [0059]}.
Regarding claim 7, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 discloses further comprising a container (20) configured to hold (23) at least one of a tissue culture and other media {see Fig. 3: ¶¶ [0003], [0019] and [0028-0029]}; wherein said exposure chamber is dimensioned to receive said container {as shown in Figs. 1-2}.
Regarding claim 8, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 7, Wooseok ‘770 as modified by OKABE ‘460 further teaches the limitation of wherein said chamber cap comprises a side wall (4) extending downwardly from an upper portion of the chamber capable of funneling ambient entering said chamber cap into said container {as shown in Fig.1: ¶¶ [0021]}.
Regarding claim 10, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 as modified by Kumar et al ‘044 further teach the limitation of wherein said temperature maintaining system comprises: a temperature monitoring device configured to determine a temperature within the exposure chamber {see ¶¶ [0010],[0050] and [0092]}; and a temperature control system configured to selectively energize said heater to maintain the temperature within the exposure chamber within a desired temperature range {see Fig. 4: [0082] and [0092]}.
Regarding claim 11, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 as modified by Kumar et al ‘044 further teach the limitation of a temperature monitoring device configured to determine a temperature within the exposure chamber {see ¶¶ [0010],[0050] and [0092]}; and a temperature control system configured to selectively energize said heater to maintain the temperature within the exposure chamber within a desired temperature range that approximates a body tissue temperature of a living being{see Fig. 4: [0082] and [0092]}.
Regarding claim 12, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 10, Wooseok ‘770 as modified by Kumar et al ‘044 further teach the limitation of wherein said temperature monitoring device comprises at least one of a thermistor and a thermocouple {see ¶¶ [0078-0079]}.
Regarding claim 13, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 10, Wooseok ‘770 as modified by Kumar et al ‘044 further teach the limitation of wherein said temperature control system is configured as a sub-system (43) of said control system {see ¶¶ [0082] and [0092]}.
Regarding claim 14, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 discloses wherein said fan housing defines at least one opening providing an outlet port for exhausting air from the exposure chamber {see ¶¶ [0047] and [0059]}.
Regarding claim 15, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 as modified by OKABE ‘460 further teaches the limitation of wherein said fan assembly further comprises a fan motor housing (35) configured to mate with and support said fan housing, and to house said electric motor {see ¶¶ [0023] and [0025]}.
Regarding claim 16, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 disclose wherein said housing further defines a control system compartment (100) dimensioned to receive and house said control system {as shown in Fig. 5: ¶ [0037]}.
Regarding claim 17, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the room air monitoring device of claim 1, Wooseok ‘770 disclose wherein said control system comprises a microcontroller {as shown in Fig. 5: ¶¶ [0037] and [0047]}.
Regarding claim 18, Wooseok ‘770 discloses a method for monitoring the quality of ambient air, the method comprising: providing a room air monitoring device (Fig. 1) for exposing ambient air to a medium (37), the device comprising: a housing (40) defining a substantially-closed exposure chamber, said housing comprising an exposure chamber (45) housing matable with a chamber cap (50), said chamber cap defining an opening for admitting passage of ambient air into the exposure chamber{as shown in Figs. 1-3: ¶¶ [0001-0003], [0005-0008], [0012], [0017], [0019], [0024] and [0033-0034]}; an intake fan assembly comprising a fan housing (10), an intake fan (15) and an intake fan electric motor (17) operatively connected to the intake fan to drive rotation of the intake fan when the intake fan electric motor is energized, and to draw ambient air through the chamber cap, into the exposure chamber, and to drive air from the exposure chamber {see ¶ [0037]}; and a control system (410) operable to selectively operate to maintain a temperature of said exposure chamber within a desired temperature range {see ¶¶ [0046-0047] and [0050] and [0059]}, and to energize said intake fan electric motor to cause said intake fan to draw ambient air into said exposure chamber {as shown in Fig. 5: ¶¶ [0035] and [0037]}; disposing the medium in a container (33) {see Fig. 2: ¶¶ [0035] and [0037]}; placing the medium-containing container in the exposure chamber of the room air monitoring device {as shown in Fig. 2: ¶¶ [0035] and [0037]}; and operating said room air monitoring device to pass ambient air through the exposure chamber of said device, to expose the medium to said ambient air {see Fig. 2: ¶¶ [0017-0024], [0033] and [0045]}.
However, Wooseok ‘770 fails to disclose the limitations of the said chamber cap defining an opening (55) for admitting passage of ambient air into the exposure chamber; and a temperature maintaining system comprising a temperature modification device configured to heat an interior of the exposure chamber above ambient temperature.
OKABE ‘460 teaches: the concept of the chamber cap (Fig 1) defining an opening (44) capable of admitting passage of ambient air into the exposure chamber {as shown in Fig. 1: ¶¶ [0011] and [0016-0021]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wooseok ‘770 chamber cap by the chamber cap of OKABE ‘460 so as to include an opening for admitting passage of ambient air into the exposure chamber, in order to facilitate passage of ambient air into the exposure chamber in an up to down direction.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Wooseok ‘770 in view of OKABE ‘460 to obtain the invention as specified in claim 18.
Kumar et al ‘044 teach: the concept of a temperature maintaining system (Control circuit) comprising a temperature modification device (heater (12)) configured to heat an interior of the exposure chamber (11) above ambient temperature {as shown in Fig. 1: ¶¶ [0010], [0025], [0078] and 0081]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wooseok ‘770 in view of Kumar et al ‘044 to include the use of a temperature modification device, in order to facilitate control of the temperature of the chamber to accommodate samples within prescript temperature {Kumar et al ‘044 - ¶¶ [0050] and [0075]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Wooseok ‘770 in view of Kumar et al ‘044 to obtain the invention as specified in claim 18.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 as applied to claim 18 above, further in view of Desrochers et al (U.S. PG Pub No.: 2006/0173580 A1), hereinafter referred to as Desrochers et al ‘786.
Regarding claim 19, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the method of claim 18, further comprising: Wooseok ‘770 discloses retrieving the medium from said room air monitoring device {see ¶¶ [0006], [0010-0011]}.
However, Wooseok ‘770 fails to disclose the limitations of analyzing the medium exposed to said ambient air to assess a quality of said ambient air.
Desrochers et al ‘786 teach: the concept of analyzing the medium exposed to said ambient air to assess a quality of said ambient air {see ¶¶ [0002] and [0022-0032]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wooseok ‘770 in view of Desrochers et al ‘786 to include analyzing the medium exposed to said ambient air to assess a quality of said ambient air, in order to facilitate making recommendations for improving the air quality parameters {Desrochers et al ‘786 - ¶ [0002]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Wooseok ‘770 in view of Desrochers et al ‘786 to obtain the invention as specified in claim 19.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 as applied to claim 18 above, further in view of Nawroth et al (U.S. PG Pub No.: 2021/0062129 A1), hereinafter referred to as Nawroth et al ‘129.
Regarding claim 20, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the method of claim 18, EXCEPT for the limitation of wherein said disposing the medium in said container comprises disposing air-liquid interface human airway model in the container.
Nawroth et al ‘129 teach: the concept of the medium in said container comprises disposing air-liquid interface human airway model in the container {see ¶¶ [0017], [0035-0036], [0162], [0337], [0595] and [0662]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wooseok ‘770 in view of Nawroth et al ‘129 to include air-liquid interface human airway model in the container, in order to facilitate cell differentiation {Nawroth et al ‘129 - ¶ [0399]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Wooseok ‘770 in view of Nawroth et al ‘129 to obtain the invention as specified in claim 20.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 as applied to claim 18 above, further in view of CORBEL et al (U.S. PG Pub No.: 2019/0263899 A1), hereinafter referred to as CORBEL et al ‘899.
Regarding claim 21, the combination of Wooseok ‘770, OKABE ‘460 and Kumar et al ‘044 disclose and teach the method of claim 18, EXCEPT for the limitation of further comprising: operating said room air monitoring device to maintain a temperature within the exposure chamber within a desired temperature range that approximates a body tissue temperature of a living being.
CORBEL et al ‘899 teach: the concept of operating room air monitoring device to maintain a temperature within the exposure chamber (incubator) within a desired temperature (37º C) range that approximates a body tissue temperature (body temperature) of a living being (Newborn) {see ¶ [0337]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wooseok ‘770 in view of CORBEL et al ‘899 to include room air monitoring device to maintain a temperature within the exposure chamber within a desired temperature range that approximates a body tissue temperature of a living being, in order to facilitate cell differentiation.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Wooseok ‘770 in view of CORBEL et al ‘899 to obtain the invention as specified in claim 21.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20160015460-A1 to PARK; Il Hyung.
US-20150088786-A1 to Anandhakrishnan; Vaidyanathan.
US-20060173580-A1 to Desrochers; Eric M.
US-6514721-B2 to Spurrell; Leon Bryan
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
02/17/2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763