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 .
FINAL ACTION
Response to Amendment
The amendment filed on 9/17/2025 has been received and claims 1-6 and 8-9 are pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “configurable sanitizing mechanisms” and “processing module” in claim 1; “sensing devices” in claim 2; “interface means” in claims 8 and 9.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-6 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Romo (20150367008).
As to Claim 1, Romo (‘008) discloses a modular and configurable sanitization system (1000; 100; 200; 300; 400) comprises:
one or more configurable panels (1200, 1300, 1400, 1500; 10, 12, 14, 16), wherein a panel of the one or more panels includes at least one configurable sanitizing mechanism (1060 - 1060a-1060t; 40, 52) (see entire document, particularly p. 7 [0142]), wherein the one or more configurable panels (1200, 1300, 1400, 1500; 10, 12, 14, 16) are connectable and interchangeable (via 1640; 30, 32, 30’, 32’ – see Figures 13-21 and 32) to allow for a plurality of modular and configurable sanitization system configurations (see entire document, particularly Figures 1-11, 13-15, 22B-22C, 29A-33 and 36, p. 15 [0243]-[0244]);
one or more power sources operably coupled to the one or more configurable panels (1200, 1300, 1400, 1500; 10, 12, 14, 16) (see entire document, particularly p. 6 [0129] – lines 10-17 and [0131] – lines 10-16, p. 11 [0193] – lines 1-3); and
a processing module (3500, 3550) operably coupled to the one or more panels (1200, 1300, 1400, 1500; 10, 12, 14, 16) (see entire document, particularly p. 7 [0144], p. 11 [0190]-[0191] and [0193], p. 12 [0206]-[0211], p. 13 [0221] and [0225]), wherein the processing module is operable/capable to:
obtain configuration data pertaining to one or more of: the one or more panels (1200, 1300, 1400, 1500; 10, 12, 14, 16), one or more configurable sanitizing mechanisms (1060 - 1060a-1060t; 40, 52) of the one or more panels (1200, 1300, 1400, 1500; 10, 12, 14, 16), and one or more sanitization subjects (30) (see entire document, particularly p. 8 [0156] – last 2 lines, pp. 8-9 [0157], p. 9 [0160] and [0164], pp. 9-10 [0167], p. 10 [0168]-[0175], p. 11 [0190]-[0191] and [0193], p. 12 [0206]);
determine one or more sanitization protocols based on the configuration data (see entire document, particularly p. 12 [0206]);
generate one or more sanitizing mechanism configuration instructions to configure the one or more configurable sanitizing mechanisms (1060 - 1060a-1060t; 40, 52) based on the one or more sanitization protocols and in accordance with the one or more sanitization subjects (30) (see entire document, particularly p. 9 [0164], pp. 9-10 [0167], p. 10 [0168]-[0174]);
generate one or more panel configuration instructions to configure the one or more panels (1200, 1300, 1400, 1500; 10, 12, 14, 16) based on the one or more sanitization protocols and in accordance with the one or more sanitization subjects (30) (see entire document, particularly p. 12 [0205]-[0206]); and
provide the one or more panel configuration instructions and the one or more sanitizing configuration instructions to the one or more configurable panels (1200, 1300, 1400, 1500; 10, 12, 14, 16) to configure the one or more configurable sanitizing mechanisms (1060 - 1060a-1060t; 40, 52) and the one or more configurable panels (1200, 1300, 1400, 1500; 10, 12, 14, 16) (see entire document, particularly p. 12 [0206]-[0208]).
As to Claim 2, Romo (‘008) discloses that the modular and configurable sanitization system (1000; 100; 200; 300; 400) further comprises: one or more sensing devices (see entire document, particularly p. 12 [0206] – 4th – 5th lines from the bottom) coupled to one or more of: the processing module and the one or more configurable panels (1200, 1300, 1400, 1500; 10, 12, 14, 16) (see entire document, particularly p. 12 [0206] – last 5 lines).
As to Claim 3, Romo (‘008) discloses that the processing module is operable/capable to obtain the configuration data by one or more of (see entire document, particularly p. 6 [0129] and [0131], p. 7 [0144], p. 11 [0190]-[0191] and [0193]-[0203], p. 12 [0206]-[0211], p. 13 [0221] and [0225]):
receiving one or more data inputs (see entire document, particularly Figures 22A-22D, p. 11 [0191] and [0193], p. 12 [0206]-[0208], p. 13 [0221] and [0225]);
obtaining a response from the one or more of: the one or more configurable panels, the one or more configurable sanitizing mechanisms, the one or more sanitization subjects, and the one or more power sources (see entire document, particularly p. 6 [0129]); and
performing a data analysis process, wherein the data analysis process is based on one or more of: stored data, historical data, the one or more data inputs, and a data model (see entire document, particularly p. 11 [0190]-[0191], [0193] and [0203], p. 12 [0206]-[0211]).
As to Claim 4, Romo (‘008) discloses that the processing module obtains/capable of obtaining configuration data pertaining to one or more of (see entire document, particularly p. 6 [0129], p. 8 [0148] and [0151], p. 11 [0190]-[0191] and [0193]-[0203], p. 12 [0206]-[0211]):
characteristics of the one or more sanitization subjects;
sanitization requirements of the one or more sanitization subjects;
sanitization preferences of the one or more sanitization subjects;
a required panel configuration of the one or more panels;
a current panel configuration of the one or more panels;
a desired panel configuration of the one or more panels;
characteristics of the one or more configurable sanitizing mechanisms;
configuration capabilities of the one or more configurable sanitizing mechanisms;
power requirements pertaining to one or more of: the one or more sanitization subjects, the one or more panels, and the one or more configurable sanitizing mechanisms; and
default settings pertaining to one or more of: the one or more sanitization subjects, the one or more panels, and the one or more configurable sanitizing mechanisms.
As to Claim 5, Romo (‘008) discloses that the processing module determines/capable of determining the one or more sanitization protocols as one or more of (see entire document, particularly p. 11 [0190]-[0191], p. 12 [0206] and [0210]):
one or more sanitization methods;
one or more amount of sanitization;
a time period of sanitization;
one or more safety protocols; and
one or more sanitization areas.
As to Claim 6, Romo (‘008) discloses that the one or more configurable sanitizing mechanisms (1060 - 1060a-1060t; 40, 52) include at least one of:
ultraviolet (UV) light emitting device (see entire document, particularly p. 5 [0121]-[0125], p. 6 [0126]-[0128], p. 14 [0231] – lines 8-10); and
a sanitization chemical (see entire document, particularly p. 14 [0231] – lines 8-10).
As to Claim 8, Romo (‘008) discloses that the processing module (3500, 3550) is further operable/capable to:
send the one or more sanitizing mechanism configuration instructions to the one or more configurable sanitizing mechanisms (1060 - 1060a-1060t; 40, 52) via an interface means (see entire document, particularly Figure 35, p. 12 [0209], p. 17 [0255], pp. 17-18 [0262], p. 18 [0264]).
As to Claim 9, Romo (‘008) discloses that the processing module (3500, 3550) is further operable/capable to:
send the one or more panel configuration instructions to the one or more panels (1200, 1300, 1400, 1500; 10, 12, 14, 16) via an interface means (see entire document, particularly Figure 35, p. 12 [0209], p. 17 [0255], pp. 17-18 [0262], p. 18 [0264]).
Response to Arguments
Applicant's arguments filed 9/17/2025 have been fully considered but they are not persuasive. Specifically, as to applicant’s argument in last 4 lines on p. 6 to first two lines on p. 7 of Remarks, examiner disagrees and points out that examiner has indicated in this and prior office action that in lines 1-9, particularly lines 4-9, of [0206] on p. 12 of Romo the processing module is disclosed as being operable to “generate one or more panel configuration instructions to configure the one or more configurable panels based on the one or more sanitization protocols…”.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINA M YOO whose telephone number is (571)272-6690. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571)270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REGINA M YOO/ Primary Examiner, Art Unit 1758
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