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 .
Priority
Applicant’s claim for the benefit of a prior-filed application U.S. Provisional App# 63511411 (filed 06/30/2023) under 35 U.S.C. 119(e) is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/17/2025 and 06/28/2024 are being considered by the examiner.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claim(s) 1, 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins (US20220211230A1) modified in view of Mccoubrey (US20110316299A1)
Regarding claim 1,
Collins teaches, A method of venting comprising:
the ventilation system comprising a line, a filter in the line, and a blower; (Fig. 2 and ¶0135 teaches, a duct 20, filters 40 and 42 and blower 46)
b. providing communication between the confined space and an upstream end of the line; (¶0135 and Fig. 2 teaches, outlet port 18 providing communication between enclosure 4 and upstream end of the line)
c. providing communication between an inlet of the blower and a downstream end of the line; (Fig. 2 and ¶0135 teaches the blower 46 is in communication with the downstream of the duct 20)
d. drawing air from within the confined space by activating the blower to create a flow of air through the line; (¶0136 teaches, To draw gas and entrained particulates from the enclosure 4, a vacuum source, such as a suitable fan or blower 46 is provided so that pressure in duct 20 is reduced.)
e. sensing a characteristic of the flow of air within the line; (¶0167 teaches pressure sensors (not shown) may be provided at stations G, H and I to provide a measure of fouling of filters 40 and 42 with particulates,)
f. transmitting data representing the characteristic of the flow of air to a monitoring location that is remote from the confined space; and (¶0439 teaches, a wide range of information can be sensed, displayed locally and/or recorded, and/or transmitted to remote locations—either within a user's enterprise or even further afield)
Collins doesn’t teach, a. transporting a ventilation system to where a confined space is located, (¶0056 teaches, a mobile transportable repair and maintenance assembly with Air vent kit)
g. transporting the ventilation system to where another confined space is located and repeating steps (b)-(f). (¶0074 teaches, when a confined area tank has been damaged/penetrated such as by a projectile, the tank is initially ventilated to remove any residual fumes. ¶0072 teaches, assembly may be moved conveniently from location to location. ¶0032 teaches, wherein the assembly is capable of transportation to remote locations and wherein the assembly is deployable to remote locations)
Mccoubrey is an art in the area of interest as it relates to remote area maintenance and repair of unwanted damage to a wall of a confined space tanks (see Abstract). A combination of Mccoubrey with Collins would teach transporting a ventilation system to another confined space. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Mccoubrey with Collins. One would have been motivated to so because doing so would allow the system to be convenient to deploy and is particularly advantageous in remote areas, as taught by Mccoubrey in ¶0002.
Regarding claim 5,
Collins and Mccoubrey teaches, The method of Claim 1, further comprising monitoring the data at the remote location. (Collins in ¶0037 teaches, The method may include the step of transmitting the digital records to a remote location. This enable analysis at the remote location, which may be done for validation that cleaning is satisfactory and for regulatory approval purposes)
Regarding claim 6,
Collins and Mccoubrey teaches, The method of Claim 5, wherein the monitored data comprises pressure of air in the line and a flowrate of air in the line. (Collins in ¶0155 teaches, First, sensor outputs may be displayed directly as numerical measures—for example, pressure or blower 46 temperature in the enclosure being cleaned may be displayed on a suitable display. ¶0156 teaches, numerical quantities may be computed from sensor outputs and displayed—for example flow rate of gas through fan 46 or cleaning lance 12.)
Regarding claim 7,
Collins and Mccoubrey teaches, The method of Claim 5, further comprising manually sensing a characteristic of the flow of air within the line. (Collins in ¶0167 teaches pressure sensors (not shown) may be provided at stations G, H and I to provide a measure of fouling of filters 40 and 42 with particulates,)
Regarding claim 8,
Collins and Mccoubrey teaches, The method of Claim 7, further comprising identifying a blockage of the flow of air to the blower based on the step of manual sensing. (Collins in ¶0168 teaches, measure the pressure difference between stations F and G, before and after the cyclone 38, or alternatively separate sensors at stations F and G can be provided. Excessive pressure difference across cyclone 38 can indicate fouling or blockage)
Regarding claim 9,
Collins and Mccoubrey teaches, The method of Claim 5, further comprising identifying corrective action based on the monitored data, wherein the corrective action is selected from the group consisting of changing a section of the line, replacing a cartridge in the filter, and combinations thereof. (Collins in ¶0444 teaches, The actual efficiency and effectiveness of different cleaning practices can be monitored using sensed data and used to identify improvements applicable not only to the particular place or activity from which the data came but to similar activities elsewhere. For example, for cleaning of a particular device or space, ¶0148 teaches, enable monitoring of the operation of the various particulate-separation components of the system 30 and so ensure that filters 40 and 42 and cyclone 38 (in particular) are cleaned or emptied when appropriate)
Regarding claim 10,
Collins and Mccoubrey teaches, The method of Claim 5, further comprising monitoring data representing a characteristic of another flow of air in a different line. (Collins in ¶0156 teaches, numerical quantities may be computed from sensor outputs and displayed—for example flow rate of gas through cleaning lance 12)
Claim(s) 2-3, 11-13, 15, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins (US20220211230A1) modified in view of Mccoubrey (US20110316299A1) and further in view of Romantic (US20200015586A1)
Regarding claim 2,
Collins and Mccoubrey teaches, The method of Claim 1, wherein the ventilation system further comprises a monitoring unit, (Collins in ¶0184 teaches, data processing components)
the method further comprising transporting the monitoring unit inside of a transportation unit, (Mccoubrey in gas monitors 14 inside of a transportation unit)
Collins and Mccoubrey doesn’t teach, the transportation unit comprising a joist on which the monitoring unit is supported, (Romantic in ¶0048 teaches, shelfs with crossbars 90, a front bar 92, a rear bar 94, and a pair of side bars 96) and a pivoting plate that is hingedly affixed to the joist. (¶0049 teaches, The shelf mounting system 98 includes one or more pivot couplings 100 disposed between the cabinet body 12 and one of the front and rear bars 92 and 94.)
Romantic is an art in the area of interest as it relates to a transportation unit (cabinet assembly with caster wheels- see ¶0047). A combination of Romantic with Collins and Mccoubrey would allow the transportation unit of Mccoubrey to include a joist and pivoting plate. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Romantic with Collins and Mccoubrey. One would have been motivated to do so because doing so would allow users to configure the size and shelf arrangement of the storage cabinet to suit their needs, as taught by Romantic in ¶0004.
Regarding claim 3,
Collins, Mccoubrey and Romantic teaches, The method of Claim 2, wherein the monitoring unit is part of a unit package, (Mccoubrey in gas monitors 14 inside of a transportation unit)
the method further comprising securing the monitoring unit within the transportation unit by pivoting the pivoting plate into coupling engagement with a lower surface of the unit package. (Romantic in ¶0048 teaches, shelfs with crossbars 90, a front bar 92, a rear bar 94, and a pair of side bars 96. ¶0049 teaches, The shelf mounting system 98 includes one or more pivot couplings 100 disposed between the cabinet body 12 and one of the front and rear bars 92 and 94.)
Regarding claim 11,
Collins teaches, A system for venting comprising:
a collector blower having a suction and a discharge; (Fig. 2 teaches blower 46 with suction and discharge line 53)
a suction line having an end connected to the suction and an opposite end in a confined space; (Fig. 2 and ¶0135 teaches a duct 20 with one end connected to the blower 46 and the opposite end connected to enclosure 4)
a filter in the suction line; (Fig. 2 and ¶0135 teaches, filters 40 and 42)
sensor taps in the suction line; (¶0167 teaches pressure sensors (not shown) may be provided at stations G, H and I to provide a measure of fouling of filters 40 and 42 with particulates,)
a monitoring unit with a transducer in communication with the sensor taps and in wireless communication with a remote location; and (¶0276 teaches, Pressure transducers for locations corresponding to stations C, F, G, H and I of FIG. 2 are mounted on a printed circuit board in the lid and connected to those locations by small-bore flexible plastics tubes. ¶0184 teaches, The data processing componentry of block 200 is provided to receive inputs from sensors and system controls and, using these, to drive a display at 208, and/or a set of alarms at 210 and, as applicable, control outputs at 207. In general, some sensors will be used, and block 202 represents a set of sensor excitation (i.e. powering) and any necessary signal conditioning functions, all as required to convert raw signals from the sensors to a form (digital or analog) suitable for the processing function 200. ¶0439 teaches, a wide range of information can be sensed, displayed locally and/or recorded, and/or transmitted to remote locations—either within a user's enterprise or even further afield)
Collins doesn’t teach, a transportation container comprising, a horizontal joist that selectively receives a unit package that comprises the monitoring unit, and (¶0056 teaches, a mobile transportable repair and maintenance assembly with gas monitors 14. Fig. 1 teaches, horizontal joist under gas monitors 14)
Mccoubrey is an art in the area of interest as it relates to remote area maintenance and repair of unwanted damage to a wall of a confined space tanks (see Abstract). A combination of Mccoubrey with Collins would teach transporting a ventilation system to another confined space. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Mccoubrey with Collins. One would have been motivated to so because doing so would allow the system to be convenient to deploy and is particularly advantageous in remote areas, as taught by Mccoubrey in ¶0002.
Collins and Mccoubrey doesn’t teach, a member having an edge pinned to the joist and that selectively pivots into coupling engagement with the unit package. (Romantic in ¶0048 teaches, shelfs with crossbars 90, a front bar 92, a rear bar 94, and a pair of side bars 96. ¶0049 teaches, The shelf mounting system 98 includes one or more pivot couplings 100 disposed between the cabinet body 12 and one of the front and rear bars 92 and 94.)
Romantic is an art in the area of interest as it relates to a transportation unit (cabinet assembly with caster wheels- see ¶0047). A combination of Romantic with Collins and Mccoubrey would allow the transportation unit of Mccoubrey to include a joist and pivoting plate. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Romantic with Collins and Mccoubrey. One would have been motivated to do so because doing so would allow users to configure the size and shelf arrangement of the storage cabinet to suit their needs, as taught by Romantic in ¶0004.
Regarding claim 12,
Collins, Mccoubrey and Romantic teaches, The system of Claim 11, wherein the sensor taps are upstream and downstream of the filter. (Collins in ¶0167 and Fig. 2 teaches sensors upstream and downstream of filter)
Regarding claim 13,
Collins, Mccoubrey and Romantic teaches, The system of Claim 11, wherein the sensor taps are spaced at different locations along a length of the suction line. (Collins in ¶0167 and Fig. 2 teaches sensor located are spaced at different locations along a length of the suction line)
Regarding claim 15,
Collins, Mccoubrey and Romantic teaches, The system of Claim 11, wherein the coupling engagement interferes with lateral movement of the monitoring unit inside the transportation unit. (Romantic in ¶0048 teaches, shelfs with crossbars 90, a front bar 92, a rear bar 94, and a pair of side bars 96. ¶0049 teaches, The shelf mounting system 98 includes one or more pivot couplings 100 disposed between the cabinet body 12 and one of the front and rear bars 92 and 94.)
Regarding claim 17,
Collins, Mccoubrey and Romantic teaches, The system of Claim 11, further comprising a monitor at the remote location that receives the sensed data. (Collins in ¶0037 teaches, The method may include the step of transmitting the digital records to a remote location. This enable analysis at the remote location, which may be done for validation that cleaning is satisfactory and for regulatory approval purposes)
Regarding claim 18,
Collins, Mccoubrey and Romantic teaches, The system of Claim 17, wherein the monitor receives sensed data from another flow of air in a different line. (Collins in ¶0156 teaches, numerical quantities may be computed from sensor outputs and displayed—for example flow rate of gas through cleaning lance 12)
Regarding claim 19,
Collins, Mccoubrey and Romantic teaches, The system of Claim 11, further comprising another collector blower, another suction line with sensor taps, another filter in the another suction line, another monitoring unit with a transducer in communication with a remote location; and another transportation container. (Collins in Fig. 2 and ¶0135 teaches, a duct 20, filters 40 and 42 and blower 46. ¶0167 teaches pressure sensors (not shown) may be provided at stations G, H and I to provide a measure of fouling of filters 40 and 42 with particulates. ¶0184 teaches, The data processing componentry of block 200 is provided to receive inputs from sensors and system controls and, using these, to drive a display at 208, and/or a set of alarms at 210 and, as applicable, control outputs at 207. Mccoubrey in ¶0056 teaches a transportation container. The difference between the claim and the teachings of Collins, Mccoubrey and Romantic lies in simple duplication of parts. Although Collins and Mccoubrey doesn’t teach, another collector blower, another suction line with sensor taps, another filter in the another suction line, another monitoring unit with a transducer in communication with a remote location; and another transportation container, mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP 2144.05 VI. B.)
Claim(s) 4, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins (US20220211230A1) modified in view of Mccoubrey (US20110316299A1) and further in view of Romantic (US20200015586A1) and further in view of Iellimo (US20190291951A1)
Regarding claim 4,
Collins, Mccoubrey and Romantic doesn’t teach, The method of Claim 3, wherein a magnet is on the lower surface of the unit package, and (Iellimo in ¶0024 teaches, cart with permanent magnets. ¶0036 teaches, magnetic portions can be arranged across the entire bottom surface of cart 100)
wherein the pivoting plate comprises a ferromagnetic material, so that the pivoting plate is coupled with the monitoring unit by a magnetic attraction between the magnet and the ferromagnetic material. (¶0022 teaches locking mechanism with one or more electromagnets or permanent magnets for magnetically securing the pallet transportation cart to the steel fork of a forklift)
Iellimo is an art in the area of interest as it relates to magnetic structure to secure a pallet transportation cart to a forklift (see ¶0006). A combination of Iellimo with Collins, Mccoubrey and Romantic would allow the system to use magnetic attraction to secure package to the transportation unit. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Iellimo with Collins, Mccoubrey and Romantic. One would have been motivated to do so because doing so would help secure the package to the transportation unit and doing so would allow for more convenient and safe transportation of the carts, as taught by Iellimo in ¶0005.
Regarding claim 14,
Collins, Mccoubrey and Romantic doesn’t teach, The system of Claim 11, wherein coupling engagement is between a magnet and a ferro- metallic material. (Iellimo in ¶0024 teaches, cart with permanent magnets. ¶0036 teaches, magnetic portions can be arranged across the entire bottom surface of cart 100. ¶0022 teaches locking mechanism with one or more electromagnets or permanent magnets for magnetically securing the pallet transportation cart to the steel fork of a forklift)
Iellimo is an art in the area of interest as it relates to magnetic structure to secure a pallet transportation cart to a forklift (see ¶0006). A combination of Iellimo with Collins, Mccoubrey and Romantic would allow the system to use magnetic attraction to secure package to the transportation unit. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Iellimo with Collins, Mccoubrey and Romantic. One would have been motivated to do so because doing so would help secure the package to the transportation unit and doing so would allow for more convenient and safe transportation of the carts, as taught by Iellimo in ¶0005.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins (US20220211230A1) modified in view of Mccoubrey (US20110316299A1) and further in view of Romantic (US20200015586A1) and further in view of Richter (US20180270548A1)
Regarding claim 16,
Collins, Mccoubrey and Romantic doesn’t teach, The system of Claim 11, further comprising additional sensor taps in the line that are configured to receive a handheld device. (Richter in ¶0034 teaches sensor 20 configured to receive sensing device 10. ¶0079 teaches, A tee fitting 56 is integrated onto the water supply pipe 54 to provide an input port 58 into which the wired sensor 20 may inserted.)
Richter is an art in the area of interest as it relates to inline sensor system (see ¶0079). A combination of Richter with Collins, Mccoubrey and Romantic would allow the system to include sensor taps in the line that are configured to receive a handheld device. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Richter with Collins, Mccoubrey and Romantic. One would have been motivated to do so because doing so would allow a low-cost system and method capable of analyzing and monitoring characteristics of a given medium in real time, as taught by Richter in ¶0007.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISTIAQUE AHMED whose telephone number is (571)272-7087. The examiner can normally be reached Monday to Thursday 10AM -6PM and alternate Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISTIAQUE AHMED/ Examiner, Art Unit 2116
/KENNETH M LO/ Supervisory Patent Examiner, Art Unit 2116
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