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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/4/24is being considered by the examiner.
Claim Status
Claims 1-11 are pending and are examined.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,504,187.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed features of the instant application are similar to the claimed features of the US Patent.
Regarding Claim 1, claim 1 of Asai teaches a space purification device comprising:
an electrolytic bath that stores water supplied from outside;
an electrode part that is provided in the electrolytic bath and generates hypochlorous acid water having a first concentration from the water stored in the electrolytic bath;
a mixing bath that mixes the hypochlorous acid water and water to generate mixed water;
a hypochlorous acid water supply part that supplies the hypochlorous acid water from the electrolytic bath to the mixing bath;
a water supply part that supplies the water to the mixing bath; an air blower that takes in air from an air suction port based on preset air volume setting;
a purification part that brings the mixed water stored in the mixing bath into contact with the air sucked from the air suction port; and
a controller that controls the electrode part, the hypochlorous acid water supply part, the water supply part, and the air blower, wherein the controller includes:
a count part that counts an elapsed time from timing at which generation of the hypochlorous acid water having the first concentration in the electrolytic bath is completed, and
a calculation part that calculates, based on a count time counted by the count part,
a concentration decrease value indicating how much the first concentration of the hypochlorous acid water in the electrolytic bath is decreased, and
the controller is configured to adjust a supply amount of the hypochlorous acid water to be supplied from the hypochlorous acid water supply part based on the concentration decrease value (A space purification device comprising: an electrolytic bath that stores water supplied from outside;
an electrode part that is provided in the electrolytic bath and generates hypochlorous acid water having a predetermined concentration from the water stored in the electrolytic bath;
a mixing bath that mixes the hypochlorous acid water and water to generate mixed water;
a hypochlorous acid water supply part that supplies the hypochlorous acid water from the electrolytic bath to the mixing bath;
a water supply part that supplies the water to the mixing bath;
an air blower that takes in air from an air suction port based on preset air volume setting;
a purification part that brings the mixed water stored in the mixing bath into contact with the air taken in from the air suction port; and
a controller that controls the electrode part, the hypochlorous acid water supply part, the water supply part, and the air blower, wherein
the controller determines a supply amount of the hypochlorous acid water to be supplied by the hypochlorous acid water supply part based on purification setting indicating a purification capability required of the purification part and the air volume setting.
Therefore, the space purification device according to the present exemplary embodiment appropriately determines a supply amount from an electrolytic bath to a mixing bath, and executes adjustment to optimize a concentration of the mixing bath, a concentration of electrolyzed water to be generated in electrolytic bath 200 is a concentration within a range of 30 ppm to 200 ppm (hereinafter, referred to as “first concentration”), and a concentration of electrolyzed water to be diluted in mixing bath 300 is a concentration within a range of 3 ppm to 50 ppm. The concentration of the electrolyzed water to be diluted in mixing bath 300 is set to be lower than the concentration of the electrolyzed water to be generated in electrolytic bath 200.).
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.
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.
Claims 1, 2, 3, 4, 5, 6, 7, 8, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US Pub 2015/0211133) in view of Hayashi (JP 6917553).
Regarding Claim 1, Park teaches a space purification device comprising (an electrolyzed water manufacturing device. See Abstract.):
an electrolytic bath that stores water supplied from outside ([0031] diaphragmless electrolytic bath III);
an electrode part that is provided in the electrolytic bath and generates hypochlorous acid water having a first concentration from the water stored in the electrolytic bath ([0012] FIG. 4 electrode 10);
a mixing bath that mixes the hypochlorous acid water and water to generate mixed water ([0042] The gas-liquid contact unit V may include a generated water discharge tube 18 connected to the venturi tube IV, and the screw blade 19 is disposed inside of the discharge tube 18 so as to promote the gas-liquid contact for the high-density chlorine solution and the dilution water to be well mixed. The generated water which has passed through the gas-liquid contact unit V may be stored in the generated water storing container 20.);
a hypochlorous acid water supply part that supplies the hypochlorous acid water from the electrolytic bath to the mixing bath ([0012] Fig. 4 The conventional apparatus may include a dilution water supply tube 1, a hydrochloric acid container 5, a hydrochloric acid supply pump 7. The examiner notes that “hypochlorous acid water” is not part of the claimed device since it is not positively recited.);
a water supply part that supplies the water to the mixing bath ([0012] FIG. 4 a dilution water supply tube 1);
a controller that controls the electrode part, the hypochlorous acid water supply part, the water supply part, and the air blower ([0019] a control device which is connected through a signal cable to the hydrochloric acid supply pump, the electromagnetic valve, the static pressure valve, the electric power device and the current sensor, thus controlling the hydrochloric acid supply pump, the electromagnetic valve, the static pressure valve, the electric power device and the current sensor),
wherein the controller includes: a count part that counts an elapsed time from timing at which generation of the hypochlorous acid water having the first concentration in the electrolytic bath is completed, and a calculation part that calculates, based on a count time counted by the count part, a concentration decrease value indicating how much the first concentration of the hypochlorous acid water in the electrolytic bath is decreased, and the controller is configured to adjust a supply amount of the hypochlorous acid water to be supplied from the hypochlorous acid water supply part based on the concentration decrease value ([0020] In addition, the apparatus for producing slightly weak acidic hypochlorous acid water may further include an operation control panel which is connected to the control device for operating the control device, and a liquid crystal display panel connected to the operation control panel for displaying various information.
Park is silent to an air blower that takes in air from an air suction port based on preset air volume setting; a purification part that brings the mixed water stored in the mixing bath into contact with the air sucked from the air suction port.
Hayashi teaches in the related art of space purification device. See Abstract. [0051] The humidifying purification device 3 is a device for purifying the target space S by refining the hypochlorous acid water by centrifugal crushing, including it in the air circulating in the device and releasing it. Specifically, as shown in FIG. 1, the humidifying and purifying device 3 includes a humidifier tank 3a, a humidifier tank water level sensor 3b, a centrifugal crushing unit 3c, an air inlet 3d, an air outlet 3e, and the like. It includes a blower 3f, a hypochlorite water concentration sensor 3g, a drain pipe 3h, and a drain valve 3i. The humidifying purification device 3 corresponds to the "space purification device" of the claim.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added an air blower that takes in air from an air suction port based on preset air volume setting; a purification part that brings the mixed water stored in the mixing bath into contact with the air sucked from the air suction port, as taught by Hayashi, in the device of Park, to allow for a humidifying and purifying unit that miniaturizes the hypochlorite water stored in the water storage unit and releases it by including it in the air circulating in the device, as taught by Hayashi, in [0007].
Regarding Claim 2, modified Park teaches the space purification device according to Claim 1, wherein the controller is configured to determine a supply amount of next hypochlorous acid water by the hypochlorous acid water supply part based on purification setting indicating a purification capability required of the purification part and the air volume setting (the information regarding the content of hypochlorous acid is the time information specified in advance, and is contained as a reference after the content of hypochlorous acid starts the miniaturization operation. It is time information until the amount becomes less than or equal to the amount, and it is preferable that the control unit executes the first process based on the time information. By doing so, in the space purification device, the content of hypochlorous acid contained in the hypochlorous acid water stored in the water storage section is maintained higher than the standard content based on the time information. Hypochlorous acid at a set concentration can be stably applied to the air discharged from the humidification purification unit.).
Regarding Claim 3, modified Park teaches the space purification device according to Claim 1, wherein the controller is configured to: calculate an integrated value of consumption amounts of the hypochlorous acid based on purification setting indicating a purification capability required of the purification part, the air volume setting, and an elapsed time from previous timing at which the hypochlorous acid water has been previously supplied, and cause the hypochlorous acid water supply part to supply next hypochlorous acid water when the integrated value becomes equal to or larger than the supply amount of the hypochlorous acid at the previous timing ([0030] The electrolytic cell water level sensor 12e is wirelessly or wiredly connected to the hypochlorite control unit 4 so as to be able to communicate with the hypochlorite control unit 4, detects whether or not a specified amount of tap water has been introduced into the electrolytic cell 12a, and outputs the detected information to the hypochlorite control unit 4. Output to 4. The electrolytic cell water level sensor 12e is used as a means for detecting the amount of water in the electrolytic cell 12a, and may not be used as long as it is provided with a means for detecting the amount of water in the electrolytic cell 12a.).
Regarding Claim 4, modified Park teaches the space purification device according to Claim 2, wherein the controller is configured to: calculate an integrated value of consumption amounts of the hypochlorous acid based on the purification setting, the air volume setting, and an elapsed time from previous timing at which the hypochlorous acid water has been previously supplied, and cause the hypochlorous acid water supply part to supply next hypochlorous acid water when the integrated value becomes equal to or larger than the supply amount of the hypochlorous acid at the previous timing ([0088] The hypochlorous acid control unit 4 executes the following processing as an operation related to the supply processing of hypochlorous acid water to the humidifying purification device 3. [0089] The input unit 4a receives a signal (water supply request signal described later) from the humidification control unit 5 of the humidification purification device 3 as a trigger for the supply processing of hypochlorous acid water to the humidification purification device 3, and outputs the signal to the processing unit 4d. [0090] The processing unit 4d identifies control information based on the time information from the time measuring unit 4c and the setting information from the storage unit 4b, and outputs the control information to the output unit 4e. Here, the setting information includes information on the supply amount of hypochlorous acid water from the dilution tank 22a, information on the opening / closing timing of the second water stop valve 22f, and information on the on / off operation of the second pump 22h.).
Regarding Claims 5 and 6, modified Park teaches the space purification device according to Claim 1, wherein the controller is configured to supply all the hypochlorous acid water in the electrolytic bath to the mixing bath when decreased concentration of the hypochlorous acid water in the electrolytic bath becomes less than or equal to a second concentration which is lower than the first concentration and wherein the controller is configured to newly generate the hypochlorous acid water having the first concentration in the electrolytic bath after supplying all the hypochlorous acid water in the electrolytic bath to the mixing bath ([0064] Here, the hypochlorite control unit 4 and the humidification control unit 5 have a computer system having a processor and a memory. Then, when the processor executes the program stored in the memory, the computer system functions as a control unit. The program executed by the processor is assumed to be pre-recorded in the memory of the computer system here, but may be recorded in a non-temporary recording medium such as a memory card and provided, or a telecommunications line such as the Internet. [0068] The hypochlorite control unit 4 executes the following processing as an operation related to the electrolysis treatment in the electrolytic cell 12a. [0069] The input unit 4a receives information on the time from the time measuring unit 4c as a trigger for the electrolysis processing of the electrolytic cell 12a, and outputs the information to the processing unit 4d. [0070] The processing unit 4d specifies control information based on the time information from the timekeeping unit 4c and the setting information from the storage unit 4b, and outputs the control information to the output unit 4e. Here, the setting information includes information on the start time or end time of hypochlorous acid water generation, information on the supply amount of tap water to be introduced into the electrolytic cell 12a, and information on a substance containing chloride ions in the chloride ion tank 12d. Information on the input amount, information on the electrolysis conditions (time, current value, voltage, etc.) at the electrode 12b, information on the opening / closing timing of the first water valve 12f, information on the opening / closing timing of the first water valve 12f and the first water stop valve 12h. Information and information on the on / off operation of the first pump 12i are included.)
Regarding Claim 7, modified Park teaches the space purification device according to Claim 1, wherein the calculation part is configured to increase the concentration decrease value as the count time becomes longer ([0013] a detection unit for detecting the concentration of hypochlorous acid contained in the hypochlorous acid water stored in the water storage unit. Then, the information regarding the content of hypochlorous acid is the concentration information detected by the detection unit, and the control unit is the first when the concentration of hypochlorous acid contained in the concentration information is equal to or less than the reference concentration. It is preferable to execute the process. By doing so, in the space purification device, the content of hypochlorous acid contained in the hypochlorous acid water stored in the water storage section is maintained higher than the reference concentration based on the concentration information. A set concentration of hypochlorous acid can be stably applied to the air discharged from the humidification purification unit.).
Regarding Claim 8, modified Park teaches the space purification device according to claim 1, further comprising a storage part that stores the count time at a time point of power-off of the space purification device, wherein the count part resumes counting at the count time stored in the storage part after a power of the space purification device is turned on again which is after the time point of the power-off ([0053] The humidifier tank 3a is a water storage container for storing the hypochlorous acid water supplied from the hypochlorous acid water generator 2 (dilution tank 22a). The humidifier tank 3a corresponds to the "water storage unit" of the claim.).
Regarding Claim 10, modified Park teaches the space purification device according to Claim 4, wherein the controller is configured to newly generate the hypochlorous acid water having the first concentration in the electrolytic bath after supplying all the hypochlorous acid water in the electrolytic bath to the mixing bath ([0064] Here, the hypochlorite control unit 4 and the humidification control unit 5 have a computer system having a processor and a memory. Then, when the processor executes the program stored in the memory, the computer system functions as a control unit. The program executed by the processor is assumed to be pre-recorded in the memory of the computer system here, but may be recorded in a non-temporary recording medium such as a memory card and provided, or a telecommunications line such as the Internet. [0068] The hypochlorite control unit 4 executes the following processing as an operation related to the electrolysis treatment in the electrolytic cell 12a. [0069] The input unit 4a receives information on the time from the time measuring unit 4c as a trigger for the electrolysis processing of the electrolytic cell 12a, and outputs the information to the processing unit 4d. [0070] The processing unit 4d specifies control information based on the time information from the timekeeping unit 4c and the setting information from the storage unit 4b, and outputs the control information to the output unit 4e. Here, the setting information includes information on the start time or end time of hypochlorous acid water generation, information on the supply amount of tap water to be introduced into the electrolytic cell 12a, and information on a substance containing chloride ions in the chloride ion tank 12d. Information on the input amount, information on the electrolysis conditions (time, current value, voltage, etc.) at the electrode 12b, information on the opening / closing timing of the first water valve 12f, information on the opening / closing timing of the first water valve 12f and the first water stop valve 12h. Information and information on the on / off operation of the first pump 12i are included.).
Regarding Claim 11, Asai teaches the space purification device according to Claim 5, wherein the controller is configured to newly generate the hypochlorous acid water having the first concentration in the electrolytic bath after supplying all the hypochlorous acid water in the electrolytic bath to the mixing bath (([0064] Here, the hypochlorite control unit 4 and the humidification control unit 5 have a computer system having a processor and a memory. Then, when the processor executes the program stored in the memory, the computer system functions as a control unit. The program executed by the processor is assumed to be pre-recorded in the memory of the computer system here, but may be recorded in a non-temporary recording medium such as a memory card and provided, or a telecommunications line such as the Internet. [0068] The hypochlorite control unit 4 executes the following processing as an operation related to the electrolysis treatment in the electrolytic cell 12a. [0069] The input unit 4a receives information on the time from the time measuring unit 4c as a trigger for the electrolysis processing of the electrolytic cell 12a, and outputs the information to the processing unit 4d. [0070] The processing unit 4d specifies control information based on the time information from the timekeeping unit 4c and the setting information from the storage unit 4b, and outputs the control information to the output unit 4e. Here, the setting information includes information on the start time or end time of hypochlorous acid water generation, information on the supply amount of tap water to be introduced into the electrolytic cell 12a, and information on a substance containing chloride ions in the chloride ion tank 12d. Information on the input amount, information on the electrolysis conditions (time, current value, voltage, etc.) at the electrode 12b, information on the opening / closing timing of the first water valve 12f, information on the opening / closing timing of the first water valve 12f and the first water stop valve 12h. Information and information on the on / off operation of the first pump 12i are included.).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Park (US Pub 2015/0211133) as applied to claim 8 above, and further in view of Hourani (US Pub 2021/0339183).
Regarding Claim 9, Park teaches the space purification device according to claim 8.
Park is silent to further comprising a battery capable of supplying power to the count part at the time of the power-off of the space purification device, wherein the count part continues counting even at a time of the power-off of the space purification device.
Hourani teaches in the related art of supplied power for air flow. [0056] Fig. 4B The controller 200 can be connected to one or more types of power supply(s) 40, such as available AC power supplies of a facility, battery power, or other power source.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a battery, as taught by Hourani, to the device of Park, to allow for a power supply, as taught by Hourani, in [0056].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE BRAZIN whose telephone number is (571)270-1457. The examiner can normally be reached M-F 8-5.
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/JB/
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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