DETAILED ACTION
Claim Rejections - 35 USC § 112
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 1-19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the ceiling" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the operating interface". There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 10, “sensors” should be changed to “sensor”.
Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. This claim is an omnibus type claim.
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.
Claims 1-4 and 8-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim USPA 2005/0160706 A1.
Regarding claim 1, Kim discloses a space servicing assembly for a space within a building (figure 1; Abstract), the space servicing assembly comprising: a housing (figures 1 and 2A: housing 100); at least one sensor within the housing for monitoring a value of air quality within the space (paragraph 72; figure 2A: sensor 210: the outer portion of the sensor can be considered part of the housing and is therefore deemed to be “within the housing”); at least one space servicing device within the housing for altering the value of air quality within the space (paragraphs 16, 75 and 78); and, a control means configured to receive the monitored value from the at least one sensor and control the at least one space servicing device (paragraphs 74 and 75), whereby, the space service device comprises an air extraction means, such that, in use, the air extraction means is configured to create an air flow in the space by drawing air from the space (figures 1 and 2A; Abstract), and supplying air from behind the ceiling into the space (see figure 1; paragraph 39) and the space servicing assembly is configured to compare a monitored value of air quality with one or more predetermined value (paragraph 75: carbon content determined to be “high” implies a predetermined value), and to provide an output to alert a user of a change in monitored value (paragraph 77), and to control the at least one space servicing device to alter the monitored value to match the predetermined value (paragraphs 74 and 75).
Regarding claim 2, Kim discloses that the at least one sensor is a carbon dioxide sensor (paragraph 72).
Regarding claim 3, Kim discloses that the at least one space servicing device comprises one or more of the following: air filtration means, air treatment means, acoustic means, heating, cooling (paragraph 16).
Regarding claim 4, Kim discloses that the output comprises a visual alert and/or audible alert (paragraph 77).
Regarding claim 8, Kim discloses that the housing comprises a front panel (figure 2A: bottom panel or any other panel of the housing)
Regarding claim 9, Kim discloses that the front panel incorporates one or more of the following: speaker, lighting means, ultraviolet lighting means, microphones (paragraph 77: display is on the outside of the housing).
Regarding claim 10, Kim discloses that the front panel incorporates the at least one sensor (figure 2A: sensor 210).
Regarding claim 11, Kim discloses that the housing comprises a plurality of compartments (paragraph 2A).
Regarding claim 12, Kim discloses that each of the plurality of compartments is configured to house a specific space servicing device (figure 2A: each compartment serves a purpose in servicing the space).
Regarding claim 13, Kim implies that each of the compartments is operatively connected to power (paragraph 73; fan, sensor, controller, etc. all must have power in order to operate).
Regarding claim 14, Kim discloses that the housing incorporates a plurality of perforations for air distribution (figure 2B: 130 and 140).
Regarding claim 15, Kim discloses that the space servicing assembly incorporates a rear cover for preventing the ingress of dust and/or detritus (figure 2B: 101 or any other solid panel).
Regarding claim 16, Kim discloses that the space servicing assembly is configured to continuously compare a monitored value with one or more predetermined value, and to provide a real-time output to alert a user, and/or control the space servicing device to alter the monitored value to match the predetermined value (paragraphs 72-77: continuous sensing is implied).
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.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim USPA 2005/0160706 A1 in view of Combs USPA 2017/0087500 A1.
Kim is relied upon as above.
Regarding claims 5 and 6, Kim does not disclose that the output is wirelessly transmitted to an operating interface, wherein the operating interface comprises a smartphone or tablet. Combs discloses that data from an air purifier can be output wirelessly to a smartphone or tablet, to allow a user easy access to the data (see Combs paragraphs 50 and 58). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to modify Kim, so that the output is wirelessly transmitted to an operating interface, wherein the operating interface comprises a smartphone or tablet, as disclosed by Combs, for the purpose of allowing a user easy access to the data.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim USPA 2005/0160706 A1 in view of Chan USPA 2016/0269236 A1.
Kim is relied upon as above.
Regarding claim 7, Kim does not disclose that the operating interface is operable to change the predetermined value. Chan discloses an air purifier that operates when a particle sensor detects over a certain amount of particles, where the threshold for the air puffier to operate is adjustable (see Chan paragraph 20). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to modify Kim so that the operating interface is operatable to change the predetermined value, as generally disclosed by Chan, for the purpose of allowing a user to control the desired amount of CO2 in the room.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kim USPA 2005/0160706 A1.
Kim is relied upon as above.
Regarding claim 17, Kim implies continuous comparing of monitored values with the predetermined value (paragraphs 72-77), and therefore does not disclose intermittent comparing at timed intervals. Nevertheless, measuring and comparing something at timed intervals, rather than continuously, is generally well-known and would have been obvious to one having ordinary skill in the art for the purpose of only measuring/comparing as often as needed. MPEP 2144.03 (A-E).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kim USPA 2005/0160706 A1 in view of Uslenghi USPA 2005/0191219 A1.
Kim is relied upon as above.
Regarding claim 18, Kim does not disclose that the space servicing assembly is hingedly mounted to a ceiling frame assembly, such that one side of the housing can be rotatably lowered for access. Uslenghi discloses an air purifier that is hingedly mounted to a ceiling frame assembly, such that one side of the housing can be rotatably lowered for access (see figure 7; paragraph 35). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to modify Kim, so that the space servicing assembly is hingedly mounted to a ceiling frame assembly, such that one side of the housing can be rotatably lowered for access, as disclosed by Uslenghi, for the purpose of allowing easy access to the components in the housing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P JONES whose telephone number is (571)270-7383. The examiner can normally be reached 9AM-6PM EST M-F.
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, Jennifer Dieterle can be reached at (571)270-7872. 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.
/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776