Docket No.: 092122-0040
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`PATENT
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of
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`:
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`Customer Number: 20277
`
`Koichi KOBAYASHI et al.
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`Confirmation Number: 4429
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`Application No.: 14/666,231
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`Group Art Unit: 1799
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`Filed: March 23, 2015
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`Examiner: N. A. Bowers
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`APPEAL BRIEF
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`For: ISOLATOR SYSTEM
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`Mail Stop Appeal Brief
`Commissioner for Patents
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`PO. Box 1450
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`Alexandria, VA 22313—1450
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`Madam:
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`This Appeal Brief is submitted in support of the Notice of Appeal filed on June 21, 2017,
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`wherein Appellant appeals from the Primary Examiner’s rejection of claims 1-15 in the Office
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`Action dated April 19, 2017.
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`Real Parfl In Interest
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`This application is assigned to PANASONIC HEALTHCARE HOLDINGS CO., LTD.
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`See, the assignments recorded on March 23, 2015, at Reel 035235, Frame 0368.
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`Related Appeals and Interferences
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`To the best of Appellant’s and Appellant’s representatives’ knowledge, there are no
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`related appeals or interferences (see, Related Proceedings Appendix).
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`DM~US 84478285-10921220040
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`Application No.: 14/666,231
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`Summagy of Claimed Subject Matter
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`Independent claim 1 is directed to an isolator system (e.g., 100). FIG. 1, page 5, lines 3-7
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`ofthe specification as originallyfiled. The isolator system includes a main body case (e. g., 110)
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`including a substantially box-shaped work space isolated from its surroundings. FIGS. 1 and 2,
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`page 6, lines 14-16 and page 24, lines 6—10 ofthe specification. The isolator system includes a
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`spray device (e.g., 140) configured to spray a sterilizing mist from a nozzle mounted within the
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`main body case, and the sterilizing mist is obtained by converting a sterilizing liquid into mist.
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`FIGS. 1, 2 and 4, page 7, lines 9-13 ofthe specification. The isolator system includes a diffusion
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`fan (e. g., 190) mounted within the main body case to diffuse the sterilizing mist. FIGS. 5, 7, 9
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`and 10, page 15, line 20 to page 16, line 12 of the specification. The isolator system includes a
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`control device (e. g., 160) configured to control operations of the spray device and the diffusion
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`fan. FIGS. 10 and 1], page 16, line 13 to page 17, line 8 ofthe specification.
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`The spray device is configured to spray the sterilizing mist when spraying. FIG. 11, page
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`17, lines 10-16 of the specification.
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`The control device is configured to control the diffusion fan to intermittently operate
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`during a spray process of the spray device, and to continuously operate from an end of the spray
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`process of the spray device. FIG. 1] and page 17, line 18 to page 20, line I ofthe Specification.
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`Independent claim 7 is directed to an isolator system (e.g., 100). FIG. 1, page 5, lines 3—7
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`of the specification as originallyfiled. The isolator system includes a main body case (e. g., 110)
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`including a substantially box—shaped work space isolated from its surroundings. FIGS. I and 2,
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`page 6, lines 14—] 6 and page 24, lines 6—] 0 ofthe specification. The isolator system includes a
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`spray device (e. g., 140) configured to spray a sterilizing mist from a nozzle mounted within the
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`DM_US 84478285-10921220040
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`Application No.: 14/666,231
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`main body case, and the sterilizing mist is obtained by converting a sterilizing liquid into mist.
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`FIGS. I, 2 and 4, page 7, lines 9-13 ofthe specification. The isolator system includes an air
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`conditioning device (e.g., 150) provided outside the main body case, and the air conditioning
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`device is configured to perform air conditioning in an interior thereof. FIGS. I and 4, page 7,
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`lines 14 to I 6 ofthe specification. The isolator system includes a first diffusion fan (e. g., 190)
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`mounted within the main body case to diffuse the sterilizing mist. FIGS. 5, 7, 9 and 10, page 15,
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`line 20 to page I 6, line 12 ofthe specification. The isolator system includes a control device
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`(e.g., 160) configured to control operations of the spray device and the first diffusion fan. FIGS.
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`IO and 1], page 16, line 13 to page I 7, line 8 ofthe specification.
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`The spray device is configured to spray the sterilizing mist when spraying. FIG. 11, page
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`17, lines 10-16 of the specification.
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`The control device is configured to cause the first diffusion fan to intermittently operate
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`while the spray device is spraying. FIG. I I and page I 7, line 18 to page 20, line I ofthe
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`specification.
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`DM_US 844782854 092.122.0040
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`

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`Application N0.: 14/666,231
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`Grounds of Rejections to Be Reviewed On Aeral
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`Claims 1, 4 and 5 were rejected under 35 U.S.C. § 103 as being unpatentable over Yokoi
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`(US 2010/0189607) in View of Ortner (US 2012/0040600) and further in View of Baker (US
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`2011/0315783).
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`Claims 2, 3 and 6 were rejected under 35 U.S.C. § 103 as being unpatentable over Yokoi
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`in View of Ortner and Baker, and further in View of McVey (2005/0084415).
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`Claim 7 was rejected under 35 U.S.C. § 103 as being unpatentable over Yokoi in View of
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`Ortner and Baker, and further in View of Fanning (US 2010/0062522).
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`Claims 8—1 5 were rejected under 35 U.S.C. § 103 as being unpatentable over Yokoi in
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`View of Ortner and Baker, Farming and McVey.
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`DM_US 844782854 09212210040
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`Application No.: 14/666,231
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`Arguments
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`1. Claims 1 and 7 are patentable over the cited references, because the cited references fail
`to disclose the claimed features and the Examiner improperly connects the alleged
`intermittent fan operation with the alleged spry operation, Without any factual or technical
`basis.
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`Appellant submits that, at a minimum, none of the cited references disclose or suggest
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`that “the control device is configured to control the diffusion fan to intermittently operate during
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`a spray process of the spray device, and to continuously operate from an end ofthe spray
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`process of the spray device,” as recited by claim 1, and “the control device is configured to cause
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`thefirst diffusion fan to intermittently operate while the spray device is spraying,” as recited by
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`claim 7.
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`The Examiner conceded that Yokoi (and Ortner) fails to disclose that the control device is
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`configured to operate the fan intermittently during the spray process (see, page 4 of the final
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`Office Action dated April 19, 2017), and relied on Baker to cure the deficiencies of Yokoi. The
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`Examiner asserted that Baker discloses that the fan may be operated continuously or
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`intermittently at any given time.
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`However, Baker does not disclose that the fan may be operated continuously or
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`intermittently at any given time. Paragraph [0054] of Baker discloses that “[f]an assembly 23
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`may be operated on a continuous basis or intermittently in a variety of predetermined patterns,
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`which may be related to the opening and closing of door 5, especially to help recover the internal
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`temperature and the CO”; and humidity levels after the door has been opened and closed”
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`(emphasis added). Baker does po_t disclose a continuous fan operation and/or an intermittent fan
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`operation are performed at any time. In particular, Baker does not disclose anything about
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`relationship between a spray operation and an intermittent operation of the fan assembly 23.
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`Application No.: 14/666,231
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`Rather, only the present specification discloses that the fan is intermittently operated during the
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`spray process.
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`Accordingly, even if, arguendo, Baker was combined with Yokoi, one of ordinary skill in
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`the art would very likely employ Baker’s fan operation to Yokoi in response to door opening,
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`without referring to the present application, which is not allowed.
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`In the Advisory Action dated June 2, 2017, the Examiner asserted as follows:
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`However, Baker teaches in at least paragraph [0054] that a fan may be operated
`continuously or intermittently at any given time ("Fan assembly 23 may be
`operated on a continuous basis or intermittently in a variety of predetermined
`patterns"). Using this general knowledge, one of ordinary skill would have found it
`obvious to operate the Yokoi fan so that at any necessary point in time, the fan is
`continuously or intermittently activated. (emphasis added)
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`However, as set forth above, the Examiner’s assertion “at any necessary point in time”
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`has no basis.
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`Rather, what is missing in the cited references is when (or in relation to which ope_ration)
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`the intermittent operation is performed and the continuous operation is performed. Pending
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`claims 1 and 7 recite that the diffusion fan is controlled to intermittently operate during a spray
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`process of the spray device (claims 1 and 7) and to continuously operate from an end of the spray
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`process of the spray device (claim 1).
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`The Examiner failed to explain why “any necessary point in time” would necessarily
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`corresponds to the spray timing in the combination of the cited references. Yokoi does not
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`disclose anything about intermittent operations and thus fails to disclose a timing of the
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`intermittent operation. Baker expressly discloses that an intermittent operation and a continuous
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`operation can be scheduled in response to opening and closing the door. Accordingly, even if
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`Baker was combinable with Yokoi, the claimed timing would not have been realized unless the
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`present application is referred to. In this regard, the Examiner failed to provide any basis as to
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`DM_US 84478285—10921220040
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`-6-
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`Application No.: 14/666,231
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`why one of ordinary skill in the art who reviews “only” Yokoi and Baker would necessarily
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`modify the combination of Yokoi and Baker to arrive at the claimed operation timings. In
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`particular, there is no disclosure or suggestion to connect the end timing of the splaying
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`operation and the start of the intermittent fan operation (see, claim 1).
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`In addition, with the claimed fan/spray operations, since the sterilizing mist is not
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`continuously sprayed to the inner wall surface of the isolator and thus the inner wall surface is
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`intermittently brought into contact with the gas, it is possible to restrain the particulates of the
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`sterilizing liquid, which is produced by adhesion of the sterilizing mist to the inner wall surface
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`of the isolator, from growing into large droplets, and thus it is possible to reduce a period of time
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`required for evaporating the droplets of the sterilizing mist. See, for example, page 24, line 5 to
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`page 36, line 5 of the specification as originally filed. These advantageous effects cannot be
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`expected from Yokoi and Baker.
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`Further, the alleged fan 48 of Yokoi is not the claimed diffusion fan mounted within the
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`main body case to diffuse the sterilizing mist. The fan 48 merely supply a sterilizing material
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`(gas) to a sterilizing chamber 40, and thus the fan 48 does not diffuse the sterilizing mist which is
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`introduced into the sterilizing chamber.
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`Ortner, Farming and McVey fail to cure the deficiencies of Yokoi and Baker.
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`As set forth above, the Examiner erroneously combine Yokoi and Baker to arrive at the
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`claimed subject matter without any factual or technical basis. Based on the foregoing, Appellant
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`respectfully request that the Board reverse the Examiner’s rejection of claims 1 and 7 under 35
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`U.S.C. § 103.
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`DM_US 844782854 0921220040
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`Application No.: 14/666,231
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`2. All dependent claims are patentable over the cited references.
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`Under Federal Circuit guidelines, a dependent claim is nonobvious if the independent
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`claim upon which it depends is allowable because all the limitations of the independent claim are
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`contained in the dependent claims, Hartness International Inc. v. Simplimatic Engineering Co,
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`819 F.2d at 1100, 1108 (Fed. Cir. 1987). Accordingly, as independent claims 1 and 7 are
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`patentable for at least the reasons set forth above, it is respectfully submitted that all claims
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`dependent thereon are also patentable over the cited references. Thus, Appellant respectfiilly
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`requests that the Board reverse the rejections of the remaining dependent claims under 35 U.S.C.
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`§103.
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`DM_US 84478285-1109212210040
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`Application N0.: 14/666,231
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`Conclusion
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`For all of the foregoing reasons, Appellant respectfully submits that the grounds of
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`rejection of the claims on appeal are in error and should be reversed.
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`Respectfully submitted,
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`McDERMOTT WILL & EMERY LLP
`
`% T
`
`akashi Saito
`
`Registration No. 69,536
`
`Please recognize our Customer No. 20277
`as our correspondence address.
`
`500 North Capitol Street, NW.
`Washington, DC 20001-1531
`Phone: 202.756.8244 TS
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`Facsimile: 202.756.8087
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`Date: September 1, 2017
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`DM_US 84478285-1 0921220040
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`Application No.: 14/666,231
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`CLAIM APPENDIX
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`1. An isolator system comprising:
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`a main body case including a substantially boxushaped work space isolated from its
`
`surroundings;
`
`a spray device configured to spray a sterilizing mist from a nozzle mounted within the
`
`main body case, the sterilizing mist being obtained by converting a sterilizing liquid into mist;
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`a diffusion fan mounted within the main body case to diffuse the sterilizing mist; and
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`a control device configured to control operations of the spray device and the diffusion
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`fan, wherein:
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`the spray device is configured to spray the sterilizing mist when spraying, and
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`the control device is configured to control the diffusion fan to intermittently operate
`
`during a spray process of the spray device, and to continuously operate from an end of the spray
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`process of the spray device.
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`2. The isolator system according to claim 1, wherein
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`the spray device is configured to spray the sterilizing mist, obtained by converting the
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`sterilizing liquid into mist, substantially diagonally from the nozzle mounted on one of left and
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`right sides in an upper portion on one of front and back sides within the main body case, toward
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`another of the left and right sides in a lower portion on another of the front and back sides.
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`3. The isolator system according to claim 1, wherein:
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`the spray device includes a water suction tube through which the sterilizing liquid is
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`suctioned, a liquid delivery device configured to adjust a flow rate of the sterilizing liquid to be
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`suctioned, the nozzle configured to convert the suctioned sterilizing liquid into mist, and a
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`compressor configured to deliver air into the nozzle and cause the sterilizing liquid to be sprayed
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`from the nozzle, and
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`a flow rate in the liquid delivery device is set lower than a flow rate of the sterilizing
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`liquid drawn into the nozzle by creation of a negative pressure within the nozzle through delivery
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`of air with the compressor, so that the spray device intermittently sprays the sterilizing mist.
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`4. The isolator system according to claim 1, wherein:
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`DM_US 844782854 0921220040
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`-10-
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`Application N0.: 14/666,231
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`the control device is configured to perform control so that the spray device intermittently
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`performs a spray process of spraying the sterilizing mist, and
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`the control device is configured to control the spray device to intermittently spray the
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`sterilizing mist during the spray process.
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`5. The isolator system according to claim 1, further comprising:
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`an intake device configured to take gas into the main body case through an inlet provided
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`in an upper portion of the main body case; and
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`a discharge device configured to discharge gas from an interior of the main body case
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`through an outlet provided in the upper portion of the main boy case,
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`wherein a pressure within the main body case is released from at least one of the inlet and
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`the outlet during the spray process of the spray device.
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`6. The isolator system according to claim 1, wherein:
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`at least two diffusion fans whose airflow directions are different from each other are
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`provided, and
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`the control device is configured to cause the at least two of the diffusion fans to operate
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`in an alternate manner during the spray process of the spray device.
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`7. An isolator system comprising:
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`a main body case including a substantially box-shaped work space isolated from its
`
`surroundings;
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`a spray device configured to spray a sterilizing mist from a nozzle mounted within the
`
`main body case, the sterilizing mist being obtained by converting a sterilizing liquid into mist;
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`an air conditioning device provided outside the main body case, the air conditioning
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`device being configured to perform air conditioning in an interior thereof;
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`a first diffusion fan mounted within the main body case to diffuse the sterilizing mist; and
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`a control device configured to control operations of the spray device and the first
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`diffusion fan, wherein:
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`the spray device is configured to spray the sterilizing mist when spraying, and
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`DM_US 844782854 0921220040
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`-11-
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`Application N0.: 14/666,231
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`the control device is configured to cause the first diffusion fan to intermittently operate
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`while the spray device is spraying.
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`8. The isolator system according to claim 7, further comprising, within the main body
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`case,
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`a second diffusion fan whose airflow direction is different from an airflow direction of
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`the first diffusion fan,
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`wherein the control device is configured to cause each of the first and the second
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`diffusion fans to operate intermittently while the spray device is spraying.
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`9. The isolator system according to claim 8, wherein
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`the control device is configured to cause the first and the second diffusion fans to operate
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`in an alternate manner while the spray device is spraying.
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`10. The isolator system according to claim 9, wherein
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`the control device is configured to, while the spray device is spraying,
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`stop an operation of the second diffusion fan when the first diffusion fan is
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`operating, and
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`operating.
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`stop an operation of the first diffusion fan when the second diffusion fan is
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`11. The isolator system according to claim 10, wherein
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`the control device is configured to, while the spray device is spraying, cause each
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`operating time of the first and the second diffusion fans to be shorter than a stop time.
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`12. The isolator system according to claim 7, wherein:
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`the first diffusion fan is configured to blow air from one of left and right sides to another
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`side within the main body case, and
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`the second diffusion fan is configured to blow air from an upper side to a lower side
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`within the main body case.
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`DM_US 844782854 0921220040
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`-12-
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`Application No.: 14/666,231
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`13. The isolator system according to claim 12, wherein:
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`the spray device is configured to spray the sterilizing mist substantially diagonally from
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`the nozzle mounted on one of left and right sides in an upper portion on one of front and back
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`sides within the main body case toward another of the left and right sides in a lower portion on
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`another of the front and back sides, and
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`the second diffusion fan is configured to blow air from an upper portion on the other of
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`left and right sides to a lower portion on a front surface side within the main body case.
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`14. The isolator system according to claim 13, wherein:
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`the spray device includes a water suction tube through which the sterilizing liquid is
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`suctioned, a liquid delivery device configured to adjust a flow rate of the sterilizing liquid to be
`
`suctioned, the nozzle configured to spray the suctioned sterilizing liquid, and a compressor
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`configured to deliver air into the nozzle and cause the sterilizing liquid in a mist form to be
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`sprayed from the nozzle, and
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`a flow rate in the liquid delivery device is set lower than a flow rate of the sterilizing
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`liquid drawn into the nozzle by creation of a negative pressure within the nozzle through delivery
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`of air with the compressor, so that the spray device intermittently sprays the sterilizing mist.
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`15. The isolator system according to claim 14, further comprising:
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`an intake device configured to take gas into the main body case through an inlet provided
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`in an upper portion of the main body case; and
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`a discharge device configured to discharge gas from an interior of the main body case
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`through an outlet provided in the upper portion of the main boy case,
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`wherein a pressure within the main body case is released from at least one of the inlet and
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`the outlet, while the spray device is spraying.
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`DM_US 84478285—1 0921220040
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`-13-
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`Application N0.: 14/666,231
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`EVIDENCE APPENDIX
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`None
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`DMWUS 84478285—10921220040
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`Application No.1 14/666,231
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`RELATED PROCEEDINGS APPENDIX
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`None.
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`DMWUS 84478285-1 40921220040
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