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 .
DETAILED ACTION
The action is in response to the Applicant’s communication filed on 08/30/2024.
Claims 1-20 are pending, where claims 1 and 14 are independent.
Claims 3-6 and 16-18 are objected.
This application claims the continuation-in-part benefit of the appl. no. 18/594817 filed on 03/04/2024 and 17/230728 filed on 04/14/2021 incorporated herein.
Applicants did not submit any IDS.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claims 1-2,7-15 and 19-20 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Modera, (USPGPub No. 20170074746 A1) in view of Jedrzejek 20120240916 A1).
As to claim 1, Modera discloses An aerosolized sealant particle injection system comprising: one or more sealant injection stations (Modera [abstract] “system for remote detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2 ) comprising:
a supply reservoir to store a fluid and a sealant, and a sprayer assembly to aerosolize the fluid and the sealant within an enclosure, wherein the enclosure comprises at least one leak opening (Modera [abstract] “system for remote detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2, aerosolizing, reservoir, fluid, sealing leak system obviously provides sprayer assembly); and
[a combustion-type heater to generate heat for heating the enclosure], such that during an operation, the heating of the enclosure causes solidification of aerosolized particles of the fluid and the sealant in the enclosure to seal the at least one leak opening (Modera [0034-86] “suitable sealants atomized and the atomized sealant particles adhere to the edges of a leak and to each other to form a seal - drying and/or provide rigid solid seals structural properties - additives include white mineral oil, amorphous silica or titanium dioxide - selected sealant a naturally-occurring sealing material - final end-user combustion systems - furnaces and appliances” [0006-28] “detecting, marking and/or sealing leaks in pipelines or duct networks - aerosolized sealants into the pipe or duct network - tailored for remote deposition at small leaks such as pitting holes or joints - suspended particles leave the air stream in the interior of the pipe and deposited at the leak edges - until the leaks closed” [abstract] “detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2, combustion systems furnaces, aerosolizing, sealing leak system, drying and rigid solid seals structural properties obviously provides combustion-type heater to generate heat for heating enclosure and solidification of aerosolized particles to seal leak).
However, Jedrzejek also discloses a combustion-type heater to generate heat for heating (Jedrzejek [abstract] “multiple barrel forced-air heater - fuel tank adapted to accept fuel - adapted to mix fuel - form a first fuel-air mixture, and a first combustion site adapted to combust the first fuel-air mixture to generate a first amount of heat” see Fig. 1-9)
Modera and Jedrzejek are analogous arts from the same field of endeavor and contain overlapping structural and functional similarities and both contain combustion type heater or furnace.
Therefore, at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above functionalities combustion-type heater to generate heat for heating, as taught by Modera, and incorporating combustion adapted fuel-air mixture to generate heat, as taught by Jedrzejek.
As to the independent claim 14, the claims recite similar limitations as the independent claim 1 and rejected using same rational as stated above.
As to claims 2 and 15, the combination of Modera and Jedrzejek disclose all the limitations of the base claims as outlined above.
The combination further discloses The system of claim 1, wherein the combustion-type heater further comprises: an air flow conduit to supply heated air to the enclosure; and one or more heater cores configured to provide the heated air to the air flow conduit (Modera [0034-86] “suitable sealants atomized and the atomized sealant particles adhere to the edges of a leak and to each other to form a seal - drying and/or provide rigid solid seals structural properties - additives include white mineral oil, amorphous silica or titanium dioxide - selected sealant a naturally-occurring sealing material - final end-user combustion systems - furnaces and appliances” [0006-28] “detecting, marking and/or sealing leaks in pipelines or duct networks - aerosolized sealants into the pipe or duct network - tailored for remote deposition at small leaks such as pitting holes or joints - suspended particles leave the air stream in the interior of the pipe and deposited at the leak edges - until the leaks closed” [abstract] “detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2, combustion systems furnaces (obviously includes air flow conduit), aerosolizing, sealing leak system, drying and rigid solid seals structural properties obviously provides supply heated air to air flow conduit).
As to claim 7, the combination of Modera and Jedrzejek disclose all the limitations of the base claims as outlined above.
The combination further discloses The system of claim 2, wherein the one or more heater cores are arranged inside the air flow conduit (Modera [0034-86] “suitable sealants atomized and the atomized sealant particles adhere to the edges of a leak and to each other to form a seal - drying and/or provide rigid solid seals structural properties - additives include white mineral oil, amorphous silica or titanium dioxide - selected sealant a naturally-occurring sealing material - final end-user combustion systems - furnaces and appliances” [0006-28] “detecting, marking and/or sealing leaks in pipelines or duct networks - aerosolized sealants into the pipe or duct network - tailored for remote deposition at small leaks such as pitting holes or joints - suspended particles leave the air stream in the interior of the pipe and deposited at the leak edges - until the leaks closed” [abstract] “detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2, combustion systems furnaces (obviously includes heater core and air flow conduit), aerosolizing, sealing leak system, drying and rigid solid seals structural properties obviously provides heater cores are arranged inside the air flow conduit).
As to claims 8 and 19, the combination of Modera and Jedrzejek disclose all the limitations of the base claims as outlined above.
The combination further discloses The system of claim 2, wherein the air flow conduit is fluidly connected to a tubing that extends towards the enclosure (Modera [0034-86] “suitable sealants atomized and the atomized sealant particles adhere to the edges of a leak and to each other to form a seal - drying and/or provide rigid solid seals structural properties - additives include white mineral oil, amorphous silica or titanium dioxide - selected sealant a naturally-occurring sealing material - final end-user combustion systems - furnaces and appliances” [0006-28] “detecting, marking and/or sealing leaks in pipelines or duct networks - aerosolized sealants into the pipe or duct network - tailored for remote deposition at small leaks such as pitting holes or joints - suspended particles leave the air stream in the interior of the pipe and deposited at the leak edges - until the leaks closed” [abstract] “detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2, combustion systems furnaces (obviously includes air flow conduit), aerosolizing, sealing leak system, drying and rigid solid seals structural properties obviously provides air flow conduit is fluidly connected to a tubing).
As to claims 9 and 20, the combination of Modera and Jedrzejek disclose all the limitations of the base claims as outlined above.
The combination further discloses The system of claim 8, wherein the tubing is connected to a fan to provide feed air, wherein the one or more heater cores are operable to heat the feed air to produce the heated air (Modera [0034-86] “suitable sealants atomized and the atomized sealant particles adhere to the edges of a leak and to each other to form a seal - drying and/or provide rigid solid seals structural properties - additives include white mineral oil, amorphous silica or titanium dioxide - selected sealant a naturally-occurring sealing material - final end-user combustion systems - furnaces and appliances” [0006-28] “detecting, marking and/or sealing leaks in pipelines or duct networks - aerosolized sealants into the pipe or duct network - tailored for remote deposition at small leaks such as pitting holes or joints - suspended particles leave the air stream in the interior of the pipe and deposited at the leak edges - until the leaks closed” [abstract] “detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2, combustion systems furnaces (obviously includes blower and forced air heater) obviously provides fan to provide feed air, heater cores are operable to heat the feed air to produce the heated air).
As to claim 10, the combination of Modera and Jedrzejek disclose all the limitations of the base claims as outlined above.
The combination further discloses The system of claim 2, wherein the air flow conduit of the combustion-type heater is located between a fan and the tubing that extends toward the enclosure (Modera [0034-86] “suitable sealants atomized and the atomized sealant particles adhere to the edges of a leak and to each other to form a seal - drying and/or provide rigid solid seals structural properties - additives include white mineral oil, amorphous silica or titanium dioxide - selected sealant a naturally-occurring sealing material - final end-user combustion systems - furnaces and appliances” [0006-28] “detecting, marking and/or sealing leaks in pipelines or duct networks - aerosolized sealants into the pipe or duct network - tailored for remote deposition at small leaks such as pitting holes or joints - suspended particles leave the air stream in the interior of the pipe and deposited at the leak edges - until the leaks closed” [abstract] “detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2, combustion systems furnaces (obviously includes auto-shut up control for predetermined temperature) obviously provides combustion-type heater located between a fan and the tubing extends toward).
As to claim 11, the combination of Modera and Jedrzejek disclose all the limitations of the base claims as outlined above.
The combination further discloses The system of claim 1, wherein the combustion-type heater is mounted to a wheeled movable chassis to move the combustion-type heater along a surface (Jedrzejek [0005-13] “portable heater for commercial use draws air into the heater and forces the air through or proximate to a flame - combustion output into the room or the structure to be heated - multiple barrel forced-air heater - second heater jacket engaged to the rest, a control component, a frame element, and a wheel” [abstract] “multiple barrel forced-air heater - fuel tank adapted to accept fuel - adapted to mix fuel - form a first fuel-air mixture, and a first combustion site adapted to combust the first fuel-air mixture to generate a first amount of heat” see Fig. 1-9, combustion output of portable heating unit with wheel obviously provides the combustion-type heater mounted to wheeled movable chassis to move the combustion-type heater along a surface).
As to claim 12, the combination of Modera and Jedrzejek disclose all the limitations of the base claims as outlined above.
The combination further discloses The system of claim 1, wherein the combustion type heater further comprises an integrated fuel tank for supplying the fuel to the one or more heater cores; and
an integrated auto-stop function configured to cut off a supply of the heated air in response to a determination of an enclosure temperature to exceed a predefined temperature threshold (Modera [0034-86] “suitable sealants atomized and the atomized sealant particles adhere to the edges of a leak and to each other to form a seal - drying and/or provide rigid solid seals structural properties - additives include white mineral oil, amorphous silica or titanium dioxide - selected sealant a naturally-occurring sealing material - final end-user combustion systems - furnaces and appliances” [0006-28] “detecting, marking and/or sealing leaks in pipelines or duct networks - aerosolized sealants into the pipe or duct network - tailored for remote deposition at small leaks such as pitting holes or joints - suspended particles leave the air stream in the interior of the pipe and deposited at the leak edges - until the leaks closed” [abstract] “detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2, combustion systems furnaces (obviously includes auto-shut up control for predetermined temperature) obviously provides integrated auto-stop function configured to cut off a supply of the heated air in response to a determination of an enclosure temperature to exceed a predefined temperature threshold).
As to claim 13, the combination of Modera and Jedrzejek disclose all the limitations of the base claims as outlined above.
The combination further discloses The system of claim 1, further comprising a delivery system to transfer the sealant and the fluid to the sprayer assembly (Modera [0034-86] “suitable sealants atomized and the atomized sealant particles adhere to the edges of a leak and to each other to form a seal - drying and/or provide rigid solid seals structural properties - additives include white mineral oil, amorphous silica or titanium dioxide - selected sealant a naturally-occurring sealing material - final end-user combustion systems - furnaces and appliances” [0006-28] “detecting, marking and/or sealing leaks in pipelines or duct networks - aerosolized sealants into the pipe or duct network - tailored for remote deposition at small leaks such as pitting holes or joints - suspended particles leave the air stream in the interior of the pipe and deposited at the leak edges - until the leaks closed” [abstract] “detection, marking and/or sealing leaks in pipe or duct networks - aerosolized sealant particles - into the pipe interior - micron scale particles adhere to the leak edges - leaks sealed in the pipes without sealing purposeful openings - produces seals in duct systems - returned to service” see Fig. 1-2, combustion systems furnaces (obviously includes high speed blower for air flow through conduit and vent), aerosolizing, sealing leak system obviously provides transfer sealant and fluid to sprayer assembly).
Allowable Subject Matter
Claims 3 and 16 are objected to as being dependent upon a rejected base independent claim. Thereby, the independent claims will be allowable if they are amended by incorporating the objected claim(s) and intervening claim(s) to the base independent claims 1 and 14. Claims 4-6 and 17-18 are also considered objected as being dependent on the objected dependent claims 3 and 16.
Therefore, the independent claims will be allowable if they are amended by incorporating the objected claim(s), make sure no double patent, 112 and 101 issue after incorporating and cancelling the objected claim(s).
Citation of Pertinent Prior Art
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2141.02 VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, i.e., as a whole and 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record:
Modera, et al. USPGPub No. 2017/0073962 A1 discloses a method for detection, marking and sealing leaks in pipe or duct networks using aerosolized sealant particles into the pipe interior adhere to leak edges to seal pipes without openings duct systems and returned to service.
Ryan, et al. USPGPub No. 2019/0211958 A1 discloses a method for sealing leak in pipe.
Wolf, USPGPub No. 2018/0339301 A1 discloses a method for sealing leak in ductwork and attic with aerosolized sealant.
Silkoff, et al. USPGPub No. 20220162070 A1 discloses a method for generating nitric oxide for use with various ventilation devices.
Haley, et al. USPGPub No. 20140088768 A1 discloses a spray drier monitoring and control system adapted to spray dry a liquid sample.
Sathyamurthi, et al. USPGPub No. 2025/0216102 A1 discloses a method of operating HVAC includes moving airflow out of duct system using a blower. heating element with fuel and ignite element and leak detection sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Md Azad whose telephone @(571)272-0553 or email: md.azad@uspto.gov. The examiner can normally be reached on Mon-Thu 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571)272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Md Azad/
Primary Examiner, Art Unit 2119.
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