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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-5) in the reply filed on 5/22/2026 is acknowledged.
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 1-5 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.
The term “near” in claim 1 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2-4 inherit the limitations of independent claim 1.
The term “near” in claim 5 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claim(s) 1, 2, 3, and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dolison et al. U.S. Patent No. 4,838,345.
Regarding claim 1, Dolison discloses an air flow delivery system for delivering conditioned air to an enclosure, comprising: an air handler 24 (“the air conditioning assembly 24 may in fact comprise separate units including a separate condensor unit and air handler unit working in cooperation with one another” [col. 4; lines 29-33]) coupled at a first end to an air supply duct 28 (“the delivery duct 28” [col. 4; line 44]) and at second end to an air return duct 40 (“this air return means comprises at least one and preferably a plurality of return ducts 40 mounted on the building interior 12 and including a first air intake 42 and a second air intake 44” [col. 5; lines 18-22]); an air supply vent attached to the air supply duct 28 (figure 2 illustrates the portion of duct 28 which extends through the ceiling 20 can be considered a vent), wherein the air supply vent is in or near the ceiling 20 of the enclosure 10 (figure 2 illustrates the portion of duct 28 which extends through the ceiling 20 can be considered a vent); an air return vent 44 attached to the air return duct 40 (“this air return means comprises at least one and preferably a plurality of return ducts 40 mounted on the building interior 12 and including a first air intake 42 and a second air intake 44” [col. 5; lines 18-22]), wherein the air return vent 44 is in or near the ceiling 20 of the enclosure 10 (“First and second air intakes 42 and 44 are purposely located in spaced relation to one another along the length of the return duct 40 and also purposely disposed at the opposite extreme heights within the building interior 12” [col. 5; lines 22-26]); and an air supplier 32 connected at a first end to the air supply vent (since figure 32 illustrates that a first end of air supplier 32 is connected to the vent formed at the portion where duct 28 extends through ceiling 20), wherein the air supplier projects downward from the air supply vent into the enclosure (“The opposite or delivery end of the delivery duct 28 is indicated as vent or outlets 32 which are purposely disposed in depending relation to the exposed surface of the ceiling 20 so as to extend down into the interior of the building as at 12 a distance to deliver the treated air to appropriate portions of the interior 12” [col. 4; lines 43-49]) near a floor 22 of the enclosure (see discussion below), wherein an opening in the air supplier 32 providing an air passage from the interior of the air supplier 32 to the enclosure 10 ([col. 4; lines 43-49] – see figure 2), wherein the air supplier is a pillar or column (as illustrated in figure 2, air supplier 32 has a generally columnar shape).
The claim specifies that the air supplier projects downward form the air supply vent into the enclosure “near a floor of the enclosure”. Figure 2 of Dolison illustrates that air supplier 32 extends downward “a distance” [col. 4; line 47] and specifically illustrates air supplier 32 extending to the interface between a first zone 34 and a third zone 36. Dolison describes that “the interior 12 of the building may be appropriately divided into a first zone 34, a second zone 38 and a third zone 36” [col. 4; lines 51-53], wherein “While specific distances are not crucial and are not provided for the purpose of limiting the present invention, the second or comfort zone 38 may extend to approximately 8 feet above the floor 22. Such distance may be increased or decreased depending upon the particular purpose or application to which the building 10 generally and the interior 12 more specifically is intended” [col. 4; line 62 – col. 5; line 1]. Dolison then describes that “the outlets 32 of the supply duct 28 channelling conditioned air (either hot or cold) into the interior 12 extends at least through the first zone 34 such that the conditioned air preferably issues into the third zone 36 defining the transitionary space of the interior 12 as set forth above” [col. 5; lines 9-14]. The term “near” in the claim is a relative term, and Dolison describes that the amount of downward projection of the air supplier 32 is variable. Dolison anticipates this limitation of the claim since Dolison describes a range of values of the acceptable amount of downward projection of the air supplier including an instance wherein the air supplier projects downward from the air supply vent into the enclosure more near the floor than the near the ceiling.
Regarding claim 2, Dolison discloses that multiple downwardly projecting air suppliers 32 are provided within the enclosure (figure 2 illustrates at least two air suppliers 32 and figure 1 appears to indicate four air suppliers 32).
Regarding claim 3, Dolison discloses that the air supplier 32 is not located within a wall of the enclosure (as illustrated in figure 2).
Regarding claim 5, Dolison discloses that the air supplier opening 32 is near a bottom end of the air supplier (as illustrated in figure 2, the opening in the air supplier 32 is the bottom of the air supplier).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dolison et al. U.S. Patent No. 4,838,345 in view of Luetkemeyer U.S. Patent No. 5,858,041.
Regarding claim 4, Dolison discloses the claimed invention, except that while Dolison discloses that “Appropriate filters of course can be utilized throughout the system in order to freshen any air coming from the interior of the building 12” [col. 7; lines 22-24], there is no explicit disclosure that the air supplier includes a disinfection unit therein.
Luetkemeyer discloses an air flow delivery system for delivering conditioned air to an enclosure 1 (“The air delivery system may also be connected to an HVAC system so that the air entering the room can be conditioned” [col. 2; lines 48-50]), comprising: an air supply vent 15 attached to an air supply duct 19, wherein the air supply vent 15 is in or near the ceiling 7 of the enclosure 1; an air return vent 17 attached to the air return duct 19, wherein the air return vent 17 is in or near the ceiling 7 of the enclosure 1; and an air supplier 27 connected at a first end to the air supply vent 15, wherein the air supplier 27 projects downward from the air supply vent 15 into the enclosure 1, wherein an opening in the air supplier 27 providing an air passage from the interior of the air supplier 27 to the enclosure 1 (“the filter 11 extends beyond the shield 27 so that air which passes through the filter 11 will enter the clean zone 25 and the clean room 1 outside of the clean zone 25” [col. 4; lines 41-43]), wherein the air supplier 27 is a pillar or column (as illustrated in figure 2); wherein the air supplier includes a disinfection unit 11 therein (Luetkemeyer discloses that filter 11 is a HEPA filter (“The air delivery system 9 includes an HEPA filter 11” [col. 3; lines 57-58]) where a HEPA filter is a disinfection unit, as evidenced by Marsden et al. U.S. PGPUB No. 2010/0034936: “The air inside the clean area 16 may additionally be sterilized/disinfected by passing through a filter, such as a HEPA filter” [0031]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Dolison with the disinfection unit of Luetkemeyer in order to ensure that clean air is provided through the air conditioning system so as to protect the health of occupants in the room in which the conditioned air is introduced.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nesler et al. U.S. PGPUB No. 2021/0356153 discloses (with respect to figures 12B, 12C, and 18) an air flow delivery system for delivering conditioned air to an enclosure 1224, comprising: an air handler 1210 coupled at a first end to an air supply duct (marked in figure 12B with the arrow “Supply Air”) and at second end to an air return duct (marked in figure 12B with the arrow “Return Air”); an air supply vent 1202 attached to the air supply duct, and an air supplier connected at a first end to the air supply vent, wherein the air supplier projects downward from the air supply vent into the enclosure (as illustrated in figure 18), wherein an opening in the air supplier providing an air passage from the interior of the air supplier to the enclosure (as illustrated in figure 12C), wherein the air supplier is a pillar or column (as illustrated in figure 18); wherein the air supplier includes a disinfection unit 1214 therein (“a disinfectant light source 1214, e.g., a UVC light source, forming a disinfectant light kill tunnel in a duct” [0214]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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, Robert Kim can be reached at 571-272-2293. 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.
/JASON L MCCORMACK/ Examiner, Art Unit 2881
Prosecution Insights