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
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) 1-8 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wenger et al. (US 20220136717) in view of Hill et al. (US 2008/0038166).
With regards to claim 1, Trane discloses a method for controlling an indoor climate (Fig. 1-4, an air quality-controlled space 110, para [0044]), comprising:
sensing, by an air quality control system (Fig. 1, plurality of sensors 130, controller 140, para [0044]), air quality factors of air within a structure (Fig. 1, facility 100, para [0044]; "The sensors 130 in FIG. 1 are air quality sensors that generate air quality data. The air quality data can include air quantity parameters measured by sensors 130 such as quantities of carbon dioxide, carbon monoxide, nitrogen dioxide, sulfur dioxide, or the like. The air quality data can also include other parameters such as quantities of one or more volatile organic compounds, quantities of particulate matter, temperature, humidity, location data, or the like. In an embodiment, the quantities that can be quantities that are correlated with a quantity of a biological pollutant such as a pathogen.", para [0050]);
transmitting sensor data associated with the air quality factors from the air quality control system to a server ("The sensors 230 collect air quality data and transmit the collected air quality data to other devices for further processing. For example, the air quality data can be transmitted to the controller 240. The controller 240 can process the air quality data according to an algorithm that further transmits the air quality data to the IAQ management server 280 for further processing, instruct the remediation device 250 to execute a remediation action, or both. The sensors 230 can be, for example, the sensors 130 shown in FIG. 1 and described above.", para [0060]);
analyzing, by the server, the sensor data ("The server 280 includes an algorithm that uses the air quality data from the sensors 230 as inputs, and uses a prediction model generated from experimental or simulated data to estimate a biological pollutant load in an air quality-controlled space where the system is deployed.", para [0067]);
calculating a target air quality value by the server ("The server 280 can generate a remediation recommendation according to the type and severity of an air pollutant. The air pollutant can be a biological pollutant.", para [0067]); transmitting the target air quality value from the server to the air quality control system ("The server 280 can deliver the remediation recommendation to the controller 240, control the remediation device 250 directly to execute a remediation action, or both.", para [0068]); and
controlling disbursement of a biocidally active substance within the structure, ("The remediation device 150 reduces air pollutants from the air quality controlled space."; "For example, remediation device 150 can include one or more of a smart air filter, an add-on filter monitoring device, a fan, a bipolar ionization air cleaning device, a photocatalytic air cleaning device, a stand-alone air filter unit, an aqueous or gasphase hydrogen peroxide generator", para [0054]; "The remediation device 250 can be, for example, the remediation device 150 shown in FIG. 1 and described above.", para [0065]; "The server 280 can generate a remediation recommendation according to the type and severity of an air pollutant. The air pollutant can be a biological pollutant.", para [0067]), and wherein controlling disbursement of the biocidally active substance is performed by a closed-loop control with the target air quality value being a setpoint ("The internal controller can trigger the remediation device 250 to execute a remediation action when an air quality parameter reaches a threshold value.", para [0062]; "The server 280 can generate a second biological pollutant load estimate after the remediation action is completed. The server 280 can compare the second biological pollutant load estimate with an initial biological pollutant estimate to determine a projected reduction value indicative of pathogen remediation efficacy. The projected reduction value can be generated from experimental or simulated data.", para [0069]).
Wenger et al. does not teach wherein the air quality factors comprise a sensed concentration of the biocidally active substance and with the sensed concentration of the biocidally active substance being a process variable. Hill et al. teaches hydrogen peroxide decontamination of a room (abstract and fig 1-2). Hill et al. teaches controlling the peroxide dispersement using a peroxide concentration sensor and releasing more if necessary (para [0039], [0043]-[0044]). A person having ordinary skill in the art would have found it obvious to have monitored and used the hydrogen peroxide concentration in order to assist in achieving the desired decontamination. The combination results in the claimed invention.
With regards to claim 2, Wenger et al. discloses the method as in claim 1, and discloses further the structure being one of various different structures of differing volumes ("Currently, the world is experiencing a global pandemic at levels unseen since 1919. Unlike the pandemic in 1919, building owners and operators (commercial, industrial and residential) have different challenges to address the pathogen spread", para [0002]; "The facility 100 can be an office building, a condominium, an apartment complex, a factory, a public space, or the like, where continuously sensing digital solutions for directly monitoring biological, microbe, pathogen load (or alternatively referred to as biological pollutant load) can be cost-prohibitive.", para [0045]), as well as a user interface that allows for selectable options ("The user interface can include selectable options to adjust the threshold value and/or adjust an aggressiveness in remediation, such as the frequency and/or intensity of the remediation action. The user interface can include additional information about potential benefits or consequences of adjusting the threshold value and/or the intensity.", para [0064]), but does not specifically disclose further comprising: selecting, through a user interface, a structure category from the group consisting of a residential building, a hospital, a government office, a school, an office building, a shopping venue, a high-rise building, a theatre, a cinema, an event venue, a hotel, and an ambulance.
However, Wenger et al. does teach that its disclosure is applicable to a variety of building types (para [0003], [0045], [0048], and further teaches that its operation is affected by and/or takes into consideration the type of space being treated (" The ambient air quality data can include the air quality data outside of the air quality-controlled space. The ambient air quality can affect the efficacy of remediation actions that introduce air from the ambient environment relevant to the air quality-controlled space. The ambient environment can be an indoor space or an outdoor space. For example, an indoor space ambient environment can be a public area of an office building while the air quality-controlled space can be an office suite within the office building. The ambient air quality data can include parameters such as a quantity of carbon dioxide, a quantity of one or more volatile organic compounds, quantities of particulate matter, temperature, humidity, a quantity of carbon monoxide, a quantity of nitrogen dioxide, and/or a quantity of sulfur dioxide. The measurement can be a concentration, a flow rate, a count, or the like. In an embodiment, the ambient air quality data can include biological pollutant data relevant to the air qualitycontrolled space."; para [0081]).
While Wenger et al. does not specifically disclose further comprising: selecting, through a user interface, a structure category from the group consisting of a residential building, a hospital, a government office, a school, an office building, a shopping venue, a high-rise building, a theatre, a cinema, an event venue, a hotel, and an ambulance, Hill et al. teaches that volume of the room is an important parameter and that similar decontamination processes can be used for similar sized/type of room (para [0052]). Accordingly, it would have been obvious to a person of ordinary skill in the art to have arrived at selecting, through a user interface, a structure category from the group consisting of a residential building, a hospital, a government office, a school, an office building, a shopping venue, a high-rise building, a theatre, a cinema, an event venue, a hotel, and an ambulance, in order to have provided greater control over the system and use similar decontaminations for similar rooms.
With regards to claim 3, Wenger et al. teaches wherein calculating the target air quality value by the server is performed in consideration of the structure category ("The server 280 includes an algorithm that uses the air quality data from the sensors 230 as inputs, and uses a prediction model generated from experimental or simulated data to estimate a biological pollutant load in an air quality-controlled space where the system is deployed. The server 280 can generate a remediation recommendation according to the type and severity of an air pollutant. The air pollutant can be a biological pollutant.", para [0067]). See also paras [0003], [0045], [0048], [0097]. A person having ordinary skill in the art would have found it obvious to have used the type of room to help predict motivated by an expectation of successfully creating a better prediction (the space and volume is relevant to the type and amount of pollutants that need remediation, see above). Type of room is an important control parameter to consider. A person having ordinary skill in the art would have found it obvious to have used structure type to make control determinations (including the desired air quality value) in order to make adjustments to the system/procedure based on relevant control information.
With regards to claim 4, Wenger et al. discloses further the structure being one of various different structures of differing volumes ("Currently, the world is experiencing a global pandemic at levels unseen since 1919. Unlike the pandemic in 1919, building owners and operators (commercial, industrial and residential) have different challenges to address the pathogen spread", para [0002]; "The facility 100 can be an office building, a condominium, an apartment complex, a factory, a public space, or the like, where continuously sensing digital solutions for directly monitoring biological, microbe, pathogen load (or alternatively referred to as biological pollutant load) can be cost-prohibitive.", para [0045]), as well as a user interface that allows for selectable options ("The user interface can include selectable options to adjust the threshold value and/or adjust an aggressiveness in remediation, such as the frequency and/or intensity of the remediation action. The user interface can include additional information about potential benefits or consequences of adjusting the threshold value and/or the intensity.", para [0064]), but does not specifically disclose further comprising: entering, through a user interface, a structure volume. Wenger et al. does not specifically disclose entering, through a user interface, a structure volume. However, Hill et al. teaches that volume of the room is an important parameter and that similar decontamination processes can be used for similar sized/type of room (para [0052]). A person having ordinary skill in the art would have found it obvious to have included entering the structure volume through the user interface as the structure volume is taught as relevant for achieving the desired decontamination.
With regards to claim 5, the combination results in consideration of the structure volume ("The server 280 includes an algorithm that uses the air quality data from the sensors 230 as inputs, and uses a prediction model generated from experimental or simulated data to estimate a biological pollutant load in an air quality-controlled space where the system is deployed. The server 280 can generate a remediation recommendation according to the type and severity of an air pollutant. The air pollutant can be a biological pollutant.", para [0067]). See also paras [0003], [0045], [0048], [0097] of Wenger et al. A person having ordinary skill in the art would have found it obvious to take structure volume when calculating the target air quality value as volume affects the resulting decontamination (amount and time) and affects how much contaminant can be in the room (amount per volume) in order to get a better prediction (volume is an important parameter for decontamination control). A person having ordinary skill in the art would have found it obvious to have used structure volume to make control determinations (including the desired air quality value) in order to make adjustments to the system/procedure based on relevant control information.
With regards to claim 6, Wenger et al. teaches wherein the biocidally active substance is hydrogen peroxide ("For example, remediation device 150 can include one or more of a smart air filter, an add-on filter monitoring device, a fan, a bipolar ionization air cleaning device, a photocatalytic air cleaning device, a stand-alone air filter unit, an aqueous or gas-phase hydrogen peroxide generator", para [0054]).
With regards to claim 7, Wenger et al. teaches wherein the air quality factors further comprise one or more of a ClO2 concentration, a CO2 concentration ("The sensors 130 in FIG. 1 are air quality sensors that generate air quality data. The air quality data can include air quantity parameters measured by sensors 130 such as quantities of carbon dioxide, carbon monoxide, nitrogen dioxide, sulfur dioxide, or the like. The air quality data can also include other parameters such as quantities of one or more volatile organic compounds, quantities of particulate matter, temperature, humidity, location data, or the like. In an embodiment, the quantities that can be quantities that are correlated with a quantity of a biological pollutant such as a pathogen.", para [0050]), an ozone concentration, an NO3 concentration, an air pressure, a relative humidity, and a particle count.
With regards to claim 8, Wenger et al. teaches wherein calculating the target air quality value by the server is performed in consideration of one or more of the CIO2 concentration, the CO2 concentration ("The sensors 130 in FIG. 1 are air quality sensors that generate air quality data. The air quality data can include air quantity parameters measured by sensors 130 such as quantities of carbon dioxide, carbon monoxide, nitrogen dioxide, sulfur dioxide, or the like. The air quality data can also include other parameters such as quantities of one or more volatile organic compounds, quantities of particulate matter, temperature, humidity, location data, or the like. In an embodiment, the quantities that can be quantities that are correlated with a quantity of a biological pollutant such as a pathogen.", para [0050]), the ozone concentration, the NO3 concentration, the air pressure, the relative humidity, and the particle count.
With regards to claim 12, the combination in claim 1 results in the indoor air quality system as claimed.
With regards to claim 13, a person having ordinary skill in the art would have found it obvious to have selected the desired concentration in order to achieve the desired treatment.
With regards to claim 14, the room in Wenger et al. is capable of the intended use of storing a perishable good. The room has a structure capable of the intended use of storing fruits and vegetables (fig 1 shows desks and tables). The combination in claims 1, 12, and 13 above result in the claimed indoor air quality control system.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wenger et al. (US 20220136717) in view of Hill et al. (US 2008/0038166) and further in view of Heater et al. (CA 3181525)
With regards to claim 9, the combination does not teach sensing an occupancy as claimed nor calculating based on the occupancy. Heater et al. teaches a room decontamination system/method (abstract) and teaches using occupancy as a control parameter to alter the decontamination system/method (para [0013]). A person having ordinary skill in the art would have found it obvious to have sensed occupancy and then use that to make control determinations (including the desired air quality value) based on the occupancy sensed in order to make adjustments to the system/procedure based on relevant control information.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wenger et al. (US 20220136717) in view of Hill et al. (US 2008/0038166) and further in view of Aamodt et al. (US 2013/0183749).
With regards to claim 10, Wenger et al. teaches the use of hydrogen peroxide as the decontaminant (para [0010]) but does not specify the type of generator used. Aamodt et al. teaches a hydrogen peroxide mist generator for disinfecting areas and rooms (para [0002], abstract). Aamodt et al. generates a dry fog using an ultrasonic vibrator (abstract) to make droplets that are sufficiently fine to not went surfaces or objects such as sensitive equipment (para [0102]). A person having ordinary skill in the art would have found it obvious to have used an ultrasonic nebulizer in order to successfully provide the hydrogen peroxide to decontaminate the room with sufficiently fine droplets.
With regards to claim 11, Aamodt et al. teaches that droplet size should be sufficiently fine to no wet surfaces and teaches the overlapping range of less than 6.31 micrometers (para [0153]-[0154]). A person having ordinary skill in the art would have found it obvious to have optimized the droplet size in order to achieve the desired dryness of the mist and prevent surface wetting.
Conclusion
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799
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