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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4, 15, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Majdali (US 10,898,601) in view of Starkweather (US 2017/0340760) in view of Barfett (US 2023/0149581) in view of Bonutti (US 2021/0353785).
Regarding claim 1, Majdali (US 10,898,601) discloses –
A system for disinfecting objects (title, abstract) comprising:
a plurality of tracks (Figs. 9-10 tracks 220 including frame 210 with arms 212, 214, and 216);
an array of lights capable of emitting electromagnetic radiation attached to at least one of the plurality of tracks (Fig. 10 plurality of UV light sources 218);
an actuator configured to move the array along the tracks (Column 13 lines 8-19 discloses means for moving the posts 212 and 214 along the tracks 220); and
a controller activating the actuators to execute the disinfecting (Column 13 lines 43-60, control system 238 and sensor 236),
wherein the controller adjusts an angle of the array of diodes (Cols. 13 lines 20-30, 14 lines 28-35 disclose the angles of the UV lights being adjustable). Majdali, in the embodiment of figs. 9-10 appears to be silent with regards to a housing receiving the object with the tracks contained therein, the lights being diodes, the controller calculates the fastest way to disinfect the object using the adjusted angle of the array of the diodes a distance between the array and a surface of the object as it relates to a speed and efficiency of executing the disinfecting.
Majdali discloses a housing for receiving the object to be disinfected in figs. 1-5 (housing 14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Majdali in fig. 10 such that there is a housing for receiving the object and tracks as disclosed in figs. 1-5 to arrive at the claimed invention. One would have been motivated to do so to avoid undesirable exposure of a user or person to potentially harmful UV light to arrive at a safer and more effective sterilization and disinfection apparatus. The combination of familiar prior art elements for the same use together as separate, like housings and disinfecting components, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding the limitation that the lights are diodes: Starkweather (US 2017/0340760) discloses a system for disinfecting objects including LEDs as the sanitizing light source (Energy sources 122a-d in fig. 1A, Paragraph [0030]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Majdali such that the emitters are LEDs to arrive at the claimed invention. One would have been motivated to do so to take advantage of the compact form factor, energy efficiency and other advantages known to LEDs to arrive at an improved device.
Regarding the limitation that the controller uses an algorithm to calculate the fastest way to disinfect the object given an object type and surface area: Barfett (US 2023/0149581) discloses a disinfection system where a controller (Fig. 1 computer system 10 including CPU 12) calculates the most efficient manner possible to irradiate and disinfect a space including objects therein using a distance between the emitter and the object as it relates to speed and efficiency of executing the disinfecting (pars. 61, 63-64 discloses the computer system 10 disinfecting based on a calculation that includes a distance between the emitters and the objects, in order to more efficiently and quickly disinfect). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that the controller uses an algorithm to calculate the fastest way to disinfect the object as taught by Barfett to arrive at the claimed invention. One would have been motivated to do so to more efficiently and intelligently disinfect spaces in most need of treatment to arrive at an improved device.
Regarding the limitation that the controller uses the adjusted angle of the diodes in the calculation of the fastest way to disinfect the object: Bonutti (US 2021/0353785) discloses a UV sterilizing system (abstract), where an angle at which the UV radiation is directed is controlled and used in a control method to disinfect more efficiently (par. 35 teaches determination of treatment based on angle and distance, and that the most efficient UVC treatment depends on the angle at which the UV light is directed at the object). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Majdali such that the controller uses the angle of the array of diodes in the calculation of the fastest way to disinfect the object as taught by Bonutti to arrive at the claimed invention. One would have been motivated to do so to achieve a more efficient and thorough UV treatment apparatus according to a factor that is known to determine speed and efficiency of treatment as set forth in Bonutti.
Regarding claim 4, modified Majdali further discloses the plurality of tracks are configured to form a frame capable of at least vertical and horizontal movement within the housing (telescoping mounts 240 on and moving with frame 210 are capable of 3-dimensional movement, Column 14 lines 20-35).
Regarding claim 15, Majdali teaches –
A system for disinfecting objects comprising (title, abstract; Figs. 1-4):
a controller (Control system 112; Column 15 lines 9-45);
a housing (housing 14);
an array of lights, capable of emitting electromagnetic radiation, and capable of moving inside the housing (Fig. 4 movable members 100 that include UV source 101);
a sensor, providing data regarding at least one surface of an object, in data communication with said controller (control system 112 and sensor 113); and
the controller actuating the movement of the array of lights based on the data regarding the surface of the object (Column 8 lines 25-44, Column 9 lines 4-28). Majdali appears to be silent with regards to the lights being diodes and the controller using an algorithm utilizing a controlled angle of the UV array to calculate.
Starkweather (US 2017/0340760) discloses a system for disinfecting objects including LEDs as the sanitizing light source (Energy sources 122a-d in fig. 1A, Paragraph [0030]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Majdali such that the emitters are LEDs to arrive at the claimed invention. One would have been motivated to do so to take advantage of the compact form factor, energy efficiency and other advantages known to LEDs to arrive at an improved device.
Regarding the limitation that the controller uses an algorithm to calculate the fastest way to disinfect the object given an object type and surface area: Barfett (US 2023/0149581) discloses a disinfection system where a controller (Fig. 1 computer system 10 including CPU 12) calculates the most efficient manner possible to irradiate and disinfect a space including objects therein using a distance between the emitter and the object as it relates to speed and efficiency of executing the disinfecting (pars. 61, 63-64 discloses the computer system 10 disinfecting based on a calculation that includes a distance between the emitters and the objects, in order to more efficiently and quickly disinfect). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that the controller uses an algorithm to calculate the fastest way to disinfect the object as taught by Barfett to arrive at the claimed invention. One would have been motivated to do so to more efficiently and intelligently disinfect spaces in most need of treatment to arrive at an improved device.
Regarding the limitation that the controller uses the adjusted angle of the diodes in the calculation of the fastest way to disinfect the object: Bonutti (US 2021/0353785) discloses a UV sterilizing system (abstract), where an angle at which the UV radiation is directed is controlled and used in a control method to disinfect more efficiently (par. 35 teaches determination of treatment based on angle and distance, and that the most efficient UVC treatment depends on the angle at which the UV light is directed at the object). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Majdali such that the controller uses the angle of the array of diodes in the calculation of the fastest way to disinfect the object as taught by Bonutti to arrive at the claimed invention. One would have been motivated to do so to achieve a more efficient and thorough UV treatment apparatus according to a factor that is known to determine speed and efficiency of treatment as set forth in Bonutti.
Regarding claim 17, Majdali further discloses the sensor also provides data regarding distance between the object and the array of diodes (Column 8 lines 25-44).
Regarding claim 19, modified Majdali further teaches the controller further uses a calculation of a distance between each diode in the array of diodes (pars. 51-52 discloses calculating a position and distance of everything in the space, including using position data of the emitters, and therefore a distance between each emitter is inherently or at least calculated or determined).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Majdali (US 10,898,601) in view of Starkweather (US 2017/0340760) in view of Barfett (US 2023/0149581) in view of Bonutti (US 2021/0353785) as applied to claim 1 above, and further in view of Bak (US 2022/0322924).
Regarding claim 2, modified Majdali is set forth with regards to claim 1 above, but appears to be silent with regards to a UVC frequency.
Bak (US 2022/0322924), with an effective filing date of 8/15/19, discloses light in the UVC range is particularly effective for disinfection purposes (Paragraph [0045]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that the lights are UV-C lights as disclosed by Bak to arrive at the claimed invention. One would have been motivated to do so to use a known effective disinfecting wavelength for the purpose of disinfecting as desired to arrive at a successful disinfecting device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A)-(B).
Regarding claim 3, modified Majdali is set forth with regards to claim 1 above, but appears to be silent with regards to a quartz glass focusing lens.
Bak further teaches a disinfecting diode with a quartz glass focusing lens (Paragraph [0047]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that the array of diodes has at least one quartz glass focusing lens as disclosed by Bak to arrive at the claimed invention. One would have been motivated to do so to protect the diodes from damage with a substance known to be transparent to UV light to arrive at a more rugged and safer device as desired to arrive at an improved device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A)-(B).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Majdali (US 10,898,601) in view of Starkweather (US 2017/0340760) in view of Barfett (US 2023/0149581) in view of Bonutti (US 2021/0353785) as applied to claim 1 above, and further in view of Huang (US 2002/0122743).
Regarding claim 5, Majdali further teaches a motor attached to the array of diodes configured to angle, rotate, extend, and retract the array of diodes (telescoping mount 240 rotates and extends the arms 234 with UV lights thereon, and first and second post 212 and 214 are rotatable to angle the lights, Column 13 lines 9-19). Modified Majdali appears to be silent with regards to a servomotor specifically.
Huang (US 2002/0122743) discloses a disinfection system that uses servomotors for repositioning sterilizing means inside a housing (Paragraph [0050]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that the array is positioned via a servomotor to arrive at the claimed invention. One would have been motivated to do so to use a known and conventional electric motor type that is cheap and simple to use to arrive at an improved device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A)-(B).
Regarding claim 6, Majdali further teaches a proximity sensor measuring a distance from the array of diodes and the object (Column 13 lines 45-56).
Regarding claim 7, Majdali further teaches the controller receives the distance from the proximity sensor and activates the actuators and the servomotor according to the received data (Column 14 lines 4-19, Also Column 15 lines 9-45).
Claims 8-10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Majdali (US 10,898,601) in view of Starkweather (US 2017/0340760) in view of Barfett (US 2023/0149581) in view of Bonutti (US 2021/0353785) as applied to claims 1 and 15 above, and further in view of Knatt (US 2022/0143245).
Regarding claim 8, modified Majdali is set forth above with regards to claim 1 but appears to be silent with regards to a gas supplier, injecting a sanitizing gas into the housing.
Knatt (US 2122/0143245), with an effective filing date of 04/29/20, discloses a disinfecting cabinet including a housing that injects a sanitizing gas, ozone, into the housing (Fig. 3 ozone generator 18; Paragraphs [0004], [0043]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that the housing includes an ozone generator for sterilizing the object with ozone to arrive the claimed invention. One would have been motivated to do so to further disinfect the object with a known disinfection means to better disinfect the object to arrive at an improved disinfection device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A)-(B).
Regarding claim 9, Knatt further teaches an ozone sensor for measuring the concentration of ozone in the housing (paragraph [0062]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that there is an ozone sensor for measuring the concentration of ozone. One would have been motivated to do so to accurately control the level of disinfectant in the housing to safely and effectively implement the ozone sterilization process to arrive at an improved disinfection apparatus.
Regarding claim 10, Knatt further teaches the housing is airtight and the housing is filled with ozone (Paragraph [0047] the cabinet is sealed, and ozone is used as set forth above). This feature has already been incorporated into Majdali above.
Regarding claim 18, modified Majdali is set forth with regards to claim 15 above but appear to be silent with regards to an ozone generator, diffuser, and sensor where the controller controls the generator based on the concentration of ozone measured from the sensor.
Knatt teaches an ozone generator (Fig. 3 ozone generator 18); a diffuser (distribution passage16, plenum 46, and/or holes on plenum wall 52; Paragraph [0050]); and an ozone sensor capable of measuring a concentration of ozone (ozone sensor 56); wherein the controller activates the ozone generator supplying ozone to the diffuser based on the concentration of ozone (Paragraph [0077] discloses controlling ozone generator 18 based on feedback from the sensor 56). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that the housing includes an ozone generator for sterilizing the object with ozone, a diffuser, and a sensor measuring a concentration of ozone wherein the controller controls the ozone generator based on the concentration of ozone as disclosed by Knatt to arrive the claimed invention. One would have been motivated to do so to further disinfect the object with a known disinfection means to better disinfect the object to arrive at an improved disinfection device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A)-(B).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Majdali (US 10,898,601) in view of Starkweather (US 2017/0340760) in view of Barfett (US 2023/0149581) in view of Bonutti (US 2021/0353785) in view of Knatt (US 2022/0143245) as applied to claim 8 above, and further in view of Leyva (US 2016/0243268).
Regarding claim 11, modified Majdali is set forth with regards to claim 8 above, but appears to be silent with regards to a needle apparatus.
Leyva (US 2016/0243268) discloses an ozone injection apparatus for injecting ozone into a chamber including a needle apparatus including a needle inserted into the chamber (Fig. 2 ozone distribution line 218; [Paragraph [0029]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that there is an ozone injection apparatus that is a needle apparatus connected to the gas supplier for injecting gas into the housing to arrive at the claimed invention. One would have been motivated to do so to distribute the ozone directly into the housing for direct application to a surface desired to be treated to arrive at an improved disinfection device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A)-(B). Further regarding the limitation that the needle is inserted into the object an ozone is pumped directly into the object: Apparatus claims cover what a device is, not what a device does and a claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (see MPEP 2114, II). The device disclosed by modified Majdali is well capable of performing this function and is reasonably expected to do so, therefore all the claimed limitations are met.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sperry (US 2021/0308301) in view of Starkweather (US 2017/0340760) in view of Barfett (US 2023/0149581) in view of Bonutti (US 2021/0353785).
Regarding claim 12, Sperry (US 2021/0308301) discloses –
A system for disinfecting objects (title, abstract) comprising:
a bed configured to receive an object (Figs. 1A-C and 6 rotating base 110; Paragraph [0041]);
an actuator configured to move the bed (the base rotates and thus necessitates some motor or actuator);
an array of lights capable of emitting electromagnetic radiation are positioned around the bed (UV sources 106); and
a controller activating the actuator (The device must necessarily and inherently be able to be powered on and off for safe operation and in combination with computing device 1000 the actuator is controlled by a controlling means). Sperry appears to be silent with regards to the lights being diodes and the controller using an algorithm and an angle to calculate a fastest way to disinfect the object.
Regarding the limitation that the lights are diodes: Starkweather (US 2017/0340760) discloses a system for disinfecting objects including LEDs as the sanitizing light source (Energy sources 122a-d in fig. 1A, Paragraph [0030]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Sperry such that the emitters are LEDs to arrive at the claimed invention. One would have been motivated to do so to take advantage of the compact form factor, energy efficiency and other advantages known to LEDs to arrive at an improved device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A)-(B).
Regarding the limitation that the controller uses an algorithm to calculate the fastest way to disinfect the object given an object type and surface area: Barfett (US 2023/0149581) discloses a disinfection system where a controller (Fig. 1 computer system 10 including CPU 12) calculates the most efficient manner possible to irradiate and disinfect a space including objects therein using a distance between the emitter and the object as it relates to speed and efficiency of executing the disinfecting (pars. 61, 63-64 discloses the computer system 10 disinfecting based on a calculation that includes a distance between the emitters and the objects, in order to more efficiently and quickly disinfect). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Majdali such that the controller uses an algorithm to calculate the fastest way to disinfect the object as taught by Barfett to arrive at the claimed invention. One would have been motivated to do so to more efficiently and intelligently disinfect spaces in most need of treatment to arrive at an improved device.
Regarding the limitation that the controller uses the adjusted angle of the diodes in the calculation of the fastest way to disinfect the object: Bonutti (US 2021/0353785) discloses a UV sterilizing system (abstract), where an angle at which the UV radiation is directed is controlled and used in a control method to disinfect more efficiently (par. 35 teaches determination of treatment based on angle and distance, and that the most efficient UVC treatment depends on the angle at which the UV light is directed at the object). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Majdali such that the controller uses the angle of the array of diodes in the calculation of the fastest way to disinfect the object as taught by Bonutti to arrive at the claimed invention. One would have been motivated to do so to achieve a more efficient and thorough UV treatment apparatus according to a factor that is known to determine speed and efficiency of treatment as set forth in Bonutti.
Regarding claim 13, Serry further teaches a plurality of tracks, wherein the array of diodes is attached to at least one of the plurality of tracks (Fig. 6 profiling member 124 having UV lights 106 rotate via the profiling members 124); and a second actuator, activated by the controller, configured to move the array of diodes along the tracks (Paragraph [0041] discloses the member 124 with lights rotates and therefore a motor or actuator is inherently required, see also the rejection of claim 12 above).
Regarding claim 14, Sperry further teaches the bed is configured to rotate (rotating base 110 rotates).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Majdali (US 10,898,601) in view of Starkweather (US 2017/0340760) in view of Barfett (US 2023/0149581) in view of Bonutti (US 2021/0353785) as applied to claim 15 above, and further in view of Desu-Kalyanam (US 2018/0132697).
Regarding claim 16, Majdali in view of Starkweather are set forth above with regards to claim 15. Majdali in view of Starkweather appear to be silent with regards to a linear stage actuator and a servomotor providing the movement to the array.
Desu-Kalyanam (US 2018/0132697) discloses a device for disinfection comprising a servomotor and a linear stage actuator for manipulating the components of the device (Gear motor 108D and motion generating element of system 100A; Paragraphs [0054]-[0056], [0090]-[0091]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Majdali in view of Starkweather such that the movable members 100 include at least one linear stage actuator and servomotor with linkages for positioning and rearranging the parts of the movable members 100 as taught by Desu-Kalyanam to arrive at the claimed invention. One would have been motivated to do so to use simple and known-effective motor means for positioning the members 100 as desired to arrive at a successfully operating disinfection device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A)-(B).
Response to Arguments
Applicant's arguments filed 1/29/26 have been fully considered but they are not persuasive.
Applicant’s amendments have obviated the 101 rejections.
Applicant’s arguments directed towards the rejections of independent claims 1, 12, and 15 are not persuasive. The newly cited Bonutti, as necessitated by Applicant’s amendments, remedies any of the alleged deficiencies of the prior art.
Claim 1 therefore remains rejected.
The claims depending from claim 1 remain rejected similarly.
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.
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/BRENDAN A HENSEL/Examiner, Art Unit 1758