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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/12/2025 has been entered.
Response to Amendment/Arguments
The Amendment filed 9/12/2025 has been entered. Claims 1-73 remain pending on the application. Claims 70-73 are withdrawn pursuant to Applicant’s election without traverse filed 10/15/2024. The amendment to claim 27 has overcome the previous 35 U.S.C. 112(a) rejection previously set forth in the Final Office action filed 3/12/2025
Applicant argues:
In response, Applicant appreciates the remarks provided by the Examiner in response to Applicant's previously submitted response. Based on the Examiner's interpretation of the "housing" of Integromed, Applicant has amended claim 1, and submits that Integromed does not anticipate independent claim 1, as amended, for the reasons set forth below. Independent claim 1 has been amended to recite, that the water dispenser comprises "...a housing comprising a mounting surface for mounting the water dispenser to a structure proximate a wash basin..."
Based on this amendment, Applicant asserts that the water dispenser claimed in independent claim 1 comprises a housing that is separate and distinct from any type of housing or structural support for a wash basin. In other words, the water dispenser claimed in claim 1 comprises a small faucet like device that is mounted to a countertop or other structure that is proximate a wash basin. This is clearly shown in FIGS. 2A-2I, and is also supported by the specification, which states, "[t]he system can further comprise the water dispenser 202, which may be mounted or otherwise coupled to a surface of the wash basin 244, to a counter or wall proximate the wash basin 244, or to any other structure proximate the wash basin 244." See Applicant's Specification, page 44, lines 24-28.
On the other hand, in light of the Office's interpretation of the "housing" of Integromed as explained by the Examiner, Applicant submits that claim 1 is distinguishable from Integromed in that Integromed teaches a "housing" (the "outer housing" as identified by the Examiner), wherein the housing itself contains each of the water dispenser, the dispenser unit 3 with the water outlets 3.1 and the soap and disinfectant dispensers 3.2 and 3.3, the sensor unit 4 with the sensors 4.1, the lighting unit 9, and the sink 2. See Integromed, paragraph [0005] and Abstract (emphasis added). Indeed, Integromed discloses that the sink 2 is an integral part of the overall device 1, by disclosing the following:
a) [Fig.] 1 shows a perspective view of an embodiment of a device 1 for washing and
disinfecting hands of medical personnel. The device 1 includes a sink [21 made of
stainless steel without joints 2 with two washing stations and a dispenser unit 3 with
two water outlets 3.1 , a soap dispenser 3.2 and a disinfectant dispenser 3.3,
b) The device 1 further comprises a sensor unit 4 with first proximity sensors 4.1 for each
washing station... The device 1 has a second proximity sensor for each wash station
4.2...and a third proximity sensor 4.3,
and
c) on an inclined surface of the device 1 is a downward lighting unit 9.
See Integromed, Abstract, and paragraphs [0040], [0042], [0043], [0045], and [0047].
From this, Applicant submits that Integromed fails to disclose a housing comprising a mounting surface for mounting the water dispenser to a structure proximate a wash basin, as recited in claim 1 of the present application.
Based on this, Applicant submits that Integromed fails to anticipate independent claim 1, as amended, and that therefore independent claim 1 is allowable over Integromed.
Applicant submits that independent claim 36 contains similar amendments as
independent claim 1. Therefore, Applicant submits that independent claim 36 also stands in a condition for allowance over Integromed for the same reasons as set forth above with respect to independent claim 1.
Each of the rejected dependent claims place further limitations on what is otherwise allowable subject matter, as argued above. Therefore, Applicant respectfully submits that these claims stand in a condition for allowance.
Examiner respectfully disagrees that the new claim limitations overcome the rejections of record. The water outlet 3.1 housing is interpreted to be part of housing 1. Thus, the back surface of 1 could be mounted to a wall and the wall would be proximate to the wash basin, even if the wash basin is a part of the housing.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
A rejection on this statutory basis (35 U.S.C. 102(g) as in force on March 15, 2013) is appropriate in an application or patent that is examined under the first to file provisions of the AIA if it also contains or contained at any time (1) a claim to an invention having an effective filing date as defined in 35 U.S.C. 100(i) that is before March 16, 2013 or (2) a specific reference under 35 U.S.C. 120, 121, or 365(c) to any patent or application that contains or contained at any time such a claim.
Claims 1-6, 8-9, 13, 15, 18-19, 24, 27-29, 31, 36-41, 43-44, 49, 52-53, 58, 61-63, and 65 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 202017107187 U1 (hereinafter referred to as ‘187, provided in Applicant’s IDS of 7/8/2021).
Regarding claim 1, ‘187 teaches a water dispenser for facilitating effective decontamination of a portion of at least one of skin or a covering of the skin of an individual as part of a decontamination event, the water dispenser comprising:
a housing (Fig. 1: outside casing of device 1, including the structure that encases water outlet 3.1) comprising a mounting surface for mounting the water dispenser to a structure proximate a wash basin (NOTE: The water outlet 3.1 housing is interpreted to be part of housing 1. Thus, the back surface of 1 could be mounted to a wall and the wall would be proximate to the wash basin, even if the wash basin is a part of the housing.),
wherein the water dispenser is adapted to communicate water from a water source to the skin or a covering of the skin of the individual (Fig. 1: water outlets 3.1);
an agent dispensing system supported in the housing and configured to dispense a composition from a chamber via a conduit that passes through the housing, the composition comprising a skin cleansing agent and a fluorescent agent capable of fluorescing when exposed to light (Fig. 1: soap and disinfectant dispensers 3.2, 3.3, pg. 4 par. 5: which excites a fluorescent agent attached to a disinfectant for visible illumination when the disinfectant is applied to a hand; Fig. 2: pipes leading from container B which is interpreted as a chamber), and
a light source supported in the housing so as to emit light in accordance with a predetermined field of view, wherein the light source is configured to emit the light at a sufficient intensity and wavelength so as to cause the fluorescent agent disposed about the skin or a covering of the skin of the individual to fluoresce at a wavelength in the visible spectrum, the field of view defines, at least in part, an inspection space in which the portion of the skin or the covering of the skin of the individual can be positioned to detect the at least one of a presence or an absence of fluorescing fluorescent agent during the decontamination event (Fig. 1: lighting unit 9; pg. 5 2nd par. from bottom: Directed light is particularly preferably emitted, wherein light axes of these two bulbs of a washing station below the water outlet 3.1 to meet. Optionally, the lighting unit includes 9 a number of UV-A LEDs 9.2 , by means of which a disinfectant-added fluorescent agent stimulates visible illumination. If the disinfectant is applied to a hand, it is easy to see which areas of the hand are already wetted with disinfectant).
Regarding claim 2, ‘187 teaches the water dispenser of claim 1, as set forth above and teaches
Wherein the water dispenser comprises a touchless dispensing system having one or more sensors operable to facilitate touchless dispensing of the water for application to the skin or a covering of the skin of the individual (abstract: proximity sensor 4.1).
Regarding claim 3, ‘187 teaches the water dispenser of claim 1, as set forth above and teaches wherein the agent dispensing system comprises a touchless dispensing system having one or more sensors operable to facilitate touchless dispensing of the composition for application to the skin or a covering of the skin of the individual (pg. 7 par. 4: a sensor for liquid soap 4.4 for their donation, a sensor for disinfectants 4.5 for his donation),
Regarding claim 4, ‘187 teaches the water dispenser of claim 1, as set forth above and teaches further comprising a pressure system in communication with the chamber, wherein the pressure system is configured to pressurize the composition to cause the composition to flow under pressure through the conduit (Fig 2: pump P).
Regarding claim 5, ‘187 teaches the water dispenser of claim 1, as set forth above and teaches further comprising a pump in communication with the chamber, wherein the pump is configured to cause the composition to flow through the conduit (Fig. 2: pump P).
Regarding claim 6, ‘187 teaches the water dispenser of claim 1, as set forth above and teaches wherein the composition comprises a pre-mixed solution of the skin cleansing agent and the fluorescent agent (pg. 4 par. 6: which excites a fluorescent agent attached to a disinfectant for visible illumination when the disinfectant is applied to a hand; NOTE: this means that the fluorescent agent is already part of the disinfectant composition the moment it is applied to the hand, which means the two components must’ve been mixed beforehand).
Regarding claim 8, ‘187 teaches the water dispenser of claim 1, as set forth above and teaches wherein the skin cleansing agent is selected from the group of skin cleansing agents consisting of: liquid soap, powdered soap, hand sanitizer, antibacterial soap, and antimicrobial soap (NOTE: since a skin cleansing agent is not positively recited in claim 1 and has no antecedent basis, this will be interpreted as recitation of intended use; pg. 2 par. 5: Particularly preferably, a dispensing of a liquid soap by means of the dispenser unit).
Regarding claim 9, ‘187 teaches the water dispenser of claim 1, as set forth above and teaches wherein the fluorescent agent is a fluorescent dye (pg. 4 par. 5: which excites a fluorescent agent attached to a disinfectant for visible illumination when the disinfectant is applied to a hand; NOTE: a dye is interpreted to be any coloring material or matter).
Regarding claim 13, ‘187 teaches the water dispenser of claim 1, as set forth above, and teaches wherein the light source is configured to position the field of view between a water outlet of the water from the water dispenser and a wash basin (Fig. 1: lighting unit 9).
Regarding claim 15, ‘187 teaches the water dispenser of claim 1, as set forth above, and teaches wherein the light is ultraviolet A (UVA), ultraviolet B (UVB), ultraviolet C (UVC), or a combination thereof (UV light encompasses a combination of UVA, UVB, and UVC).
Regarding claim 18, ‘187 teaches the water dispenser of claim 1, as set forth above, and teaches wherein the light is emitted at an intensity and wavelength so as to provide a germicidal effect (absent a recited standard for what intensity and wavelength is sufficient to provide a germicidal effect, the UV lighting of ‘187 emits a finite intensity and wavelength, which has a finite germicidal effect, as UV light has sterilizing effects).
Regarding claim 19, ‘187 teaches the water dispenser of claim 1, as set forth above, and teaches further comprising:
an image capturing system supported in the housing, the image capturing system
comprising an image capturing device in communication with a processor for capturing one or more images of the portion of the skin or a covering of the skin of the individual subject to the decontamination event (pg. 4 par. 5: A further embodiment of the device according to the invention provides an integrated camera system for detecting a hand movement during a washing process and an integrated evaluation unit for evaluating the hand movements detected by the camera system, wherein the evaluation unit is connected to the display unit for the graphic output of the assessment).
Regarding claim 24, ‘187 teaches the water dispenser of claim 19, as set forth above, and teaches wherein the image capturing system is configured to record at least a portion of the decontamination event (pg. 4 par. 5: A further embodiment of the device according to the invention provides an integrated camera system for detecting a hand movement during a washing process and an integrated evaluation unit for evaluating the hand movements detected by the camera system, wherein the evaluation unit is connected to the display unit for the graphic output of the assessment).
Regarding claim 27, ‘187 teaches the water dispenser of claim 19, as set forth above, and teaches wherein the image capturing system is configured to generate a score based on a current decontamination event (pg. 3 par. 4: For an optional monitoring system for hand sanitizing and hand washing operations, the apparatus includes at least one optical sensor for monitoring. A user is not restricted in his freedom of movement or field of vision by the surveillance system. With the monitoring system, a detection can be carried out, with which a quantitative evaluation and optionally a qualitative assessment, whether hand disinfection or hand washing operations were performed or in which quality hand disinfection or hand washing operations were performed; pg. 3 par. 6: An evaluation of the state of the processes is presented to the user, for example via a monitor and / or acoustically, directly with a very short delay time. This can be done, for example, via a progress bar to current hand or arm postures or via a graphically displayed hand in which certain hand areas are marked in different colors, for example in one color for well-disinfected hand areas, non-disinfected hand areas and insufficiently disinfected hand areas).
Regarding claim 28, ‘187 teaches the water dispenser of claim 19, as set forth above, and teaches wherein the image capturing system is configured to recognize predefined movements of the individual associated with the decontamination event (pg. 3 par. 5: The qualitative assessment can be achieved in two ways. According to a first alternative, it is evaluated whether and / or for how long a defined hand position or arm postures have been executed. Defined hand or arm postures can result, for example, from recommendations for hygienic hand disinfection or a surgical hand disinfection).
Regarding claim 29, ‘187 teaches the water dispenser of claim 1, as set forth above, and teaches further comprising:
an alert system supported in the housing and operable with a timer to time at least a portion of the decontamination event in accordance with one or more predetermined duration of
time, and to notify the individual of the expiration of the duration of time, wherein the alert system comprises the timer and a notification device configured to provide at least one of visual (pg. 6 par. 2: The through the display unit 6 indicated, predetermined steps for washing hands correspond to a standard and are each displayed for a predetermined period of time; pg. 9 par. 2: a sequence of graphical representations of predetermined disinfection steps in the case of use; NOTE: the transition to another step is interpreted as a visual alert), auditory, or haptic feedback.
Regarding claim 31, ‘187 teaches the water dispenser of claim 29, as set forth above, and teaches wherein the notification device comprises a display that numerically counts time intervals until the expiration of the duration of time (pg. 9 par. 2: the display unit ( 6 ) a number of bulbs and / or screens for displaying - a set water temperature in the case of use and / or - a start of use automatically starting residual duration of a scheduled washing process in the case of use; NOTE: “residual duration” is interpreted to mean how much time is left for a step of the washing process, so the display shows how much time is left, which means it is counting down the time).
Regarding claim 36, ‘187 teaches system for facilitating effective decontamination of a portion of at least one of skin or a covering of the skin of an individual as part of a decontamination event, the system comprising:
A wash basin configured to capture water and drain the water away (Fig. 1: sink/wash basin);
a chamber for holding a composition comprising a skin cleansing agent and a fluorescent agent capable of fluorescing when exposed to light (Fig. 2: container B);
a water dispenser adapted to communicate the water from a water source to the skin or a covering of the skin of the individual (Fig. 1: water outlets 3.1); the water dispenser comprising:
a housing (Fig. 1: outside casing of device 1, including the structure that encases water outlet 3.1) comprising a mounting surface for mounting the water dispenser to a structure proximate a wash basin (NOTE: The water outlet 3.1 housing is interpreted to be part of housing 1. Thus, the back surface of 1 could be mounted to a wall and the wall would be proximate to the wash basin, even if the wash basin is a part of the housing.),
an agent dispensing system supported in the housing configured to dispense the composition from the chamber via a conduit that passes through the housing (Fig. 1: soap and disinfectant dispensers 3.2, 3.3, pg. 4 par. 5: which excites a fluorescent agent attached to a disinfectant for visible illumination when the disinfectant is applied to a hand; Fig. 2: pipes leading from container B which is interpreted as a chamber); and
a light source supported in the housing so as to emit light in accordance with a predetermined
field of view, wherein the light source is configured to emit the light at a sufficient intensity and wavelength so as to cause the fluorescent agent disposed about the skin or a covering of the skin of the individual to fluoresce at a wavelength in the visible spectrum, and wherein the field of view defines, at least in part, an inspection space in which the portion of the skin or the covering of the skin of the individual can be positioned to detect the presence or absence of fluorescing fluorescent agent during the decontamination event (Fig. 1: lighting unit 9; pg. 5 2nd par. from bottom: Directed light is particularly preferably emitted, wherein light axes of these two bulbs of a washing station below the water outlet 3.1 to meet. Optionally, the lighting unit includes 9 a number of UV-A LEDs 9.2 , by means of which a disinfectant-added fluorescent agent stimulates visible illumination. If the disinfectant is applied to a hand, it is easy to see which areas of the hand are already wetted with disinfectant);
Regarding claim 37, ‘187 teaches the water dispenser of claim 36, as set forth above and teaches
Wherein the water dispenser comprises a touchless dispensing system having one or more sensors operable to facilitate touchless dispensing of the water for application to the skin or a covering of the skin of the individual (abstract: proximity sensor 4.1).
Regarding claim 38, ‘187 teaches the water dispenser of claim 36, as set forth above and teaches wherein the agent dispensing system comprises a touchless dispensing system having one or more sensors operable to facilitate touchless dispensing of the composition for application to the skin or a covering of the skin of the individual (pg. 7 par. 4: a sensor for liquid soap 4.4 for their donation, a sensor for disinfectants 4.5 for his donation).
Regarding claim 39, ‘187 teaches the water dispenser of claim 36, as set forth above and teaches further comprising a pressure system in communication with the chamber, wherein the pressure system is configured to pressurize the composition to cause the composition to flow under pressure through the conduit (Fig 2: pump P).
Regarding claim 40, ‘187 teaches the water dispenser of claim 36, as set forth above and teaches further comprising a pump in communication with the chamber, wherein the pump is configured to cause the composition to flow through the conduit (Fig. 2: pump P).
Regarding claim 41, ‘187 teaches the water dispenser of claim 36, as set forth above and teaches wherein the composition comprises a pre-mixed solution of the skin cleansing agent and the fluorescent agent (pg. 4 par. 6: which excites a fluorescent agent attached to a disinfectant for visible illumination when the disinfectant is applied to a hand; NOTE: this means that the fluorescent agent is already part of the disinfectant composition the moment it is applied to the hand, which means the two components must’ve been mixed beforehand).
Regarding claim 43, ‘187 teaches the water dispenser of claim 36, as set forth above and teaches wherein the skin cleansing agent is selected from the group of skin cleansing agents consisting of: liquid soap, powdered soap, hand sanitizer, antibacterial soap, and antimicrobial soap (NOTE: since a skin cleansing agent is not positively recited in claim 1 and has no antecedent basis, this will be interpreted as recitation of intended use; pg. 2 par. 5: Particularly preferably, a dispensing of a liquid soap by means of the dispenser unit).
Regarding claim 44, ‘187 teaches the water dispenser of claim 36, as set forth above and teaches wherein the fluorescent agent is a fluorescent dye (pg. 4 par. 5: which excites a fluorescent agent attached to a disinfectant for visible illumination when the disinfectant is applied to a hand; NOTE: a dye is interpreted to be any coloring material or matter).
Regarding claim 49, ‘187 teaches the water dispenser of claim 36, as set forth above, and teaches wherein the light is ultraviolet A (UVA), ultraviolet B (UVB), ultraviolet C (UVC), or a combination thereof (UV light encompasses a combination of UVA, UVB, and UVC).
Regarding claim 52, ‘187 teaches the water dispenser of claim 36, as set forth above, and teaches wherein the light is emitted at an intensity and wavelength so as to provide a germicidal effect (absent a recited standard for what intensity and wavelength is sufficient to provide a germicidal effect, the UV lighting of ‘187 emits a finite intensity and wavelength, which has a finite germicidal effect, as UV light has sterilizing effects).
Regarding claim 53, ‘187 teaches the water dispenser of claim 36, as set forth above, and teaches further comprising:
an image capturing system supported in the housing, the image capturing system
comprising an imaging device in communication with a processor for capturing one or more images of the portion of the skin or a covering of the skin of the individual subject to the decontamination event (pg. 4 par. 5: A further embodiment of the device according to the invention provides an integrated camera system for detecting a hand movement during a washing process and an integrated evaluation unit for evaluating the hand movements detected by the camera system, wherein the evaluation unit is connected to the display unit for the graphic output of the assessment).
Regarding claim 58, ‘187 modified by Koblasz teaches the water dispenser of claim 54, as set forth above, and teaches wherein the image capturing system is configured to record at least a portion of the decontamination event (pg. 4 par. 5: A further embodiment of the device according to the invention provides an integrated camera system for detecting a hand movement during a washing process and an integrated evaluation unit for evaluating the hand movements detected by the camera system, wherein the evaluation unit is connected to the display unit for the graphic output of the assessment).
Regarding claim 61, ‘187 teaches the water dispenser of claim 53, as set forth above, and teaches wherein the image capturing system is configured to generate a score based on results of the recording of the portion of the decontamination event (pg. 4 par. 5: … wherein the evaluation unit is connected to the display unit for the graphic output of the assessment. For example, the output of a graphic of a smiling face is possible when a person has both properly cleaned and properly disinfected their hands, thereby improving a person's motivation).
Regarding claim 62, ‘187 modified by Smith and Koblasz teaches the water dispenser of claim 54, as set forth above, and teaches wherein the image capturing system is configured to recognize and record predefined movements of the individual associated with the decontamination event (pg. 3 par. 5: The qualitative assessment can be achieved in two ways. According to a first alternative, it is evaluated whether and / or for how long a defined hand position or arm postures have been executed. Defined hand or arm postures can result, for example, from recommendations for hygienic hand disinfection or a surgical hand disinfection).
Regarding claim 63, ‘187 teaches the water dispenser of claim 36, as set forth above, and teaches further comprising:
an alert system supported in the housing and operable with a timer to time at least a portion of the decontamination event in accordance with one or more predetermined duration of
time, and to notify the individual of the expiration of the duration of time, wherein the alert system comprises the timer and a notification device configured to provide at least one of visual (pg. 6 par. 2: The through the display unit 6 indicated, predetermined steps for washing hands correspond to a standard and are each displayed for a predetermined period of time; pg. 9 par. 2: a sequence of graphical representations of predetermined disinfection steps in the case of use; NOTE: the transition to another step is interpreted as a visual alert), auditory, or haptic feedback.
Regarding claim 65, ‘187 teaches the water dispenser of claim 63, as set forth above, and teaches wherein the notification device comprises a display that numerically counts time intervals until the expiration of the duration of time (pg. 9 par. 2: the display unit ( 6 ) a number of bulbs and / or screens for displaying - a set water temperature in the case of use and / or - a start of use automatically starting residual duration of a scheduled washing process in the case of use; NOTE: “residual duration” is interpreted to mean how much time is left for a step of the washing process, so the display shows how much time is left, which means it is counting down the time).
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 10 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over ‘187 in view of Hwang (WO 2008118143 A2, provided in Applicant’s IDS of 7/8/2021).
Regarding claim 10, ‘187 teaches the water dispenser of claim 1, as set forth above but does not teach wherein the fluorescent agent is selected from the group of fluorescent agents consisting of: compounds containing fluorophores, fluorescein, xanthene dyes, rhodamine dyes, stilbene dyes, functionalized polycyclic aromatic hydrocarbon dyes including lissamine flavine FF, pyranine, and/or amino G acid, triarylmethane dyes, methyl violet dyes, fuchsine dyes, phenol dyes, malachite green dyes, victoria blue dyes, diarylmethane dyes, and fluorescent fruit extracts including extracts from Viburnum trilobum, Ribes, and Ribes alpine. ‘187 teaches a fluorescent agent but is silent to the specific composition of the fluorescent agent.
Hwang teaches a system using a fluorescent marker to verify the thoroughness of a hand washing process (abstract: A hand cleansing formulation in the form of a soap/disinfectant (liquid, foam, cream or powder) in solution contains a marker agent (e.g., fluorescent or phosphorescent agent(s)) aggregated with a non-marker binder material. By vigorously scrubbing the hands together, as required by a proper hand washing procedure, the aggregates are dissociated to allow the measurement of the fluorescence/ phosphorescence intensity under an activation light source, i.e., UV, IR. This intensity measurement directly relates to the thoroughness of the hand scrubbing steps, thereby allowing the thoroughness of hand scrubbing during a hand washing event to be judged and monitored). Hwang teaches wherein the fluorescent dye may be stilbene, fluorescein, pyranine, or rhodamine (claim 18: The formulation as described in Claim 4 wherein the marker is selected from the group consisting of coumarinic compounds, stilbene and its derivatives, pyrene and its derivatives, anthracenes, tetracenes, pentracenes, quinolines, quinones, aryl methanes, naphthacenes, fluoresceins, anilines, thiazoles, oxazoles, pyranines, carbazoles, rhodamines, dansylated compounds, propidiums, biotin derivatives, ethidiums, cyanines, uranines, benzoxazoles, benzothizaoles, succimidyl compounds dialdehydes, quinoids).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fluorescent agent of ‘187 to be comprised of stilbene, fluorescein, pyranine, or rhodamine, as taught by Hwang, in order to provide a suitable fluorescent agent for verifying the thoroughness of a hand washing process.
Regarding claim 45, ‘187 modified by Hwang teaches the water dispenser of claim 36, as set forth above, and teaches wherein the fluorescent agent is selected from the group of fluorescent agents consisting of: compounds containing fluorophores, fluorescein, xanthene dyes, rhodamine dyes, stilbene dyes, functionalized polycyclic aromatic hydrocarbon dyes including lissamine flavine FF, pyranine, and/or amino G acid, triarylmethane dyes, methyl violet dyes, fuchsine dyes, phenol dyes, malachite green dyes, victoria blue dyes, diarylmethane dyes, and fluorescent fruit extracts including extracts from Viburnum trilobum, Ribes, and Ribes alpine (see Hwang modification in claim 10 rejection).
Claims 7 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over ‘187 in view of Larson (US 20150102061 A1).
Regarding claim 7, ‘187 teaches the water dispenser of claim 1, as set forth above, and teaches wherein the disinfectant and fluorescent agent are premixed the moment the disinfectant touches the hand (pg. 4 par. 6: which excites a fluorescent agent attached to a disinfectant for visible illumination when the disinfectant is applied to a hand; NOTE: this means that the fluorescent agent is already part of the disinfectant composition the moment it is applied to the hand, which means the two components must’ve been mixed beforehand), but does not teach wherein the chamber comprises a first sub-chamber containing the skin cleansing agent, a second sub-chamber containing the fluorescent agent, and a mixing mechanism for mixing the skin cleansing agent and the fluorescent agent on-demand and prior to application of the composition to the skin or a covering of the skin of the individual.
‘187 teaches premixing the disinfectant and fluorescent agent but does not teach a means of doing so.
Larson teaches a disinfectant dispenser with two subchambers whose contents are mixed with a mixing mechanism, on demand (abstract: The present disclosure is drawn to a multi-chamber container for storing and mixing fluids. The container can include a first chamber configured to contain a first liquid composition as well as a second chamber configured to contain a second liquid composition. A barrier can be operable to retain the first liquid composition within the first chamber. The multi-chamber container can further include a dispenser including a nozzle and an extraction tube for extracting fluid from the second chamber as well as a guide channel associated with the first chamber. The guide channel can be configured to guide the extraction tube into the second chamber such that the dispenser contacts the barrier in order to facilitate removal or reconfiguration of the barrier. Thus, the first liquid composition is allowed to contact the second liquid composition). Thus, Larson provides a structural means of fulfilling the function of ‘187, while also adding the convenience of automating the mixing process.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the containers B of Larson to be composed to two subchambers, one with disinfectant and the other with a fluorescent agent, that can be mixed via a mixing agent, as taught by Larson, in order to provide a structural means of premixing the disinfectant and fluorescent agent that also automates the process.
Regarding claim 42, ‘187 modified by Larson teaches the water dispenser of claim 36, as set forth above, and teaches wherein the chamber comprises a first sub-chamber containing the skin cleansing agent, a second sub-chamber containing the fluorescent agent, and a mixing mechanism for mixing the skin cleansing agent and the fluorescent agent on-demand and prior to application of the composition to the skin or a covering of the skin of the individual (see Larson modification in claim 7 rejection).
Claims 11-12 and 46-47 are rejected under 35 U.S.C. 103 as being unpatentable over ‘187 in view of Cheon (KR 20130007072 A).
Regarding claim 11, ‘187 teaches the water dispenser of claim 1, as set forth above, and teaches wherein the light source comprises a power source (pg. 7 par. 3: One in the device 1 integrated central electrical control Z includes a power supply S, which is supplied by a power supply N with electrical voltage. The central control Z is used to control the donation of water, the setting of the temperature of the water, the donation of liquid soap, the donation of disinfectant and the control of the lighting unit) but does not teach that is selected from the group of power sources consisting of: a replaceable battery, a rechargeable battery, inductively transferred power, and an alternating current power source.
‘187 teaches a power supply powered by a power source but does not specify the exact implementation. Cheon teaches a shower handle with a light source powered by a rechargeable battery (abstract: PURPOSE: A far infrared ray LED shower is provided to generate far infrared ray and anion. CONSTITUTION: A far infrared ray LED shower comprises a head unit which is formed to supply water and generator to a water jet, a plurality of water jets which spray water passing through a ball receptor, a handle part(200) which includes the chargeable battery, an LED part(150) which is comprised in a head unit and radiated, a plurality of ball receptors(220) including a plurality of functional balls, and a central control part(160) which controls so that the LED part can be light-emitted). Cheon teaches a generator that produces power from the rotation of an impeller caused by water flow, wherein the generator charges a rechargeable battery that powers a light source (pg. 2 par. 11-15: When The water supply inlet hose by the development by the rotation of the impeller (300) by a generator that produces power battery charger 310, and a head portion 120 that is configured to supply water to the water passing through the injection hole for a watch, pass through is formed in the head portion for the other visible a plurality of the water injection port 110 for injecting the water, and, is configured to be installed in the head portion of the handle side comprises a rechargeable battery 170 is charged when supplied with the charging power 200 and; The operation by the charging power of the battery charging, LED light-emitting unit that consists of installing a head portion (150)). This not only provides a means of implementing a light source for a device that dispenses both water and light, but also eliminates the need for an external power source and the need to replace batteries.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power source system of ‘187 to be a generator that produces power when water from the dispenser rotates an impeller, wherein the generator recharges rechargeable batteries configured to power the light source, as taught by Cheon, in order to provide a convenient means of implementing a power system that eliminates the need for external power and the need to replace batteries.
Regarding claim 12, ‘187 modified by Cheon teaches the water dispenser of claim 1, as set forth above, and teaches further comprising:
a power generator configured to generate power for a battery to power at least one of the light source and the actuator, wherein the power generator comprises an impeller supported and operative within a water supply conduit used to supply water to the water dispenser (see Cheon modification in claim 11 rejection).
Regarding claim 46, ‘187 modified Cheon teaches the water dispenser of claim 36, as set forth above, and teaches wherein the light source comprises a power source (pg. 7 par. 3: One in the device 1 integrated central electrical control Z includes a power supply S, which is supplied by a power supply N with electrical voltage. The central control Z is used to control the donation of water, the setting of the temperature of the water, the donation of liquid soap, the donation of disinfectant and the control of the lighting unit) that is selected from the group of power sources consisting of: a replaceable battery, a rechargeable battery, inductively transferred power, and an alternating current power source (see Cheon modification in claim 11 rejection).
Regarding claim 47, ‘187 modified by Cheon teaches the water dispenser of claim 36, as set forth above, and teaches further comprising:
a power generator configured to generate power for a battery to power at least one of the light source and the actuator, wherein the power generator comprises an impeller supported and operative within a water supply conduit used to supply water to the water dispenser (see Cheon modification in claim 11 rejection).
Claims 14 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over ‘187.
Regarding claim 14, ‘187 teaches the water dispenser of claim 1, as set forth above, but does not teach wherein the light source is configured to emit ultraviolet light at a wavelength in a range of about 150-400 nanometers.
‘187 teaches emitting ultraviolet light (pg. 4 par. 5: The illumination unit preferably comprises a number of LEDs for emitting ultraviolet light), which defined to be light in the range of 100-400 nm. This range overlaps with the claimed range of 150-400 nm.
According to MPEP 2144.05.I, a prima facie case of obviousness exists where the prior art range or amount overlaps with or is merely close to the claimed range or amount:
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (The prior art taught carbon monoxide concentrations of "about 1-5%" while the claim was limited to "more than 5%." The court held that "about 1-5%" allowed for concentrations slightly above 5% thus the ranges overlapped.); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) (Claim reciting thickness of a protective layer as falling within a range of "50 to 100 Angstroms" considered prima facie obvious in view of prior art reference teaching that "for suitable protection, the thickness of the protective layer should be not less than about 10 nm [i.e., 100 Angstroms]." The court stated that "by stating that ‘suitable protection’ is provided if the protective layer is ‘about’ 100 Angstroms thick, [the prior art reference] directly teaches the use of a thickness within [applicant’s] claimed range.").
Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985) (Court held as proper a rejection of a claim directed to an alloy of "having 0.8% nickel, 0.3% molybdenum, up to 0.1% iron, balance titanium" as obvious over a reference disclosing alloys of 0.75% nickel, 0.25% molybdenum, balance titanium and 0.94% nickel, 0.31% molybdenum, balance titanium. "The proportions are so close that prima facie one skilled in the art would have expected them to have the same properties.").
In this case, one of ordinary skill the in the art would expect that even if the wavelength of light emitted was limited to 150 to 400 nm, the light emitted in this range would still be capable of illuminating fluorescent markers because the light emitted would still fall within the range of UV light.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wavelength range of UV light emitted to be 150-400 nm, with the reasonable expectation the light emitted in this range would still be capable of illuminating fluorescent markers.
Regarding claim 48, Modified ‘187 teaches the water dispenser of claim 36, as set forth above, and teaches wherein the light source is configured to emit ultraviolet light at a wavelength in a range of about 150-400 nanometers.
Claims 16 and 50 are rejected under 35 U.S.C. 103 as being unpatentable over ‘187 in view of “Health Impacts of Exposure to Ultraviolet (UV) Radiation” (NPL 2016) and Llamido (US 10613030 B2, provided in Applicant’s IDS of 7/8/2021).
Regarding claim 16, ‘187 teaches the water dispenser of claim 1, as set forth above, but does not teach wherein the light source is configured to emit visible light at a wavelength in a range of about 400-700 nanometers.
“Health Impacts of Exposure to Ultraviolet (UV) Radiation” teaches that overexposure to UV light can cause cancer, among other harmful effects to humans, providing motivation to use an alternative means of illuminating the fluorescent marker.
Llamido teaches a system for detecting contamination on a user’s hands (abstract: This disclosure relates generally to a systems and method provided for monitoring bacteria and germs on users' hands, and further providing solutions to determine compliance with hand hygiene guidelines. The system is embedded with a volatile technology to show bacteria on hands after hand washing. The system comes with a sensor depicting the need to wash hands again, or requirement for use of sanitizer. The sanitizing machine is also part of the main system, which sanitizes all bacteria areas being focused on, and also has a hand drying facility. The system can be placed and installed near any hand washing area and is equally good for use in households and commercial avenues, especially in the health and food industry). Llamido teaches a means of illuminating a fluorescent marker using visible light (claim 7: The apparatus of claim 1 further including a means of dispensing a detecting chemical mixture onto the user's at least one hand, where said detecting chemical mixture fluoresces in ultraviolet light or visible light or both ultraviolet and visible light and fluoresces more strongly when exposed to said light and to bacteria; claim 9: The apparatus of claim 7, where said detecting chemical mixture is a combination of PNIPAM and vancomycin; C5L24-28: Some embodiments of this device would also include a purple or blue light, which would flash on the user's hands. This would cause the bacteria on the user's hands to fluoresce. This, in turn, would allow the user to visibly see the location of the bacteria residing on her hands).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fluorescent marker of ‘187 to comprise PNIPAM and vancomycin, and the UV lighting to be visible lighting instead, as taught by “Health Impacts of Exposure to Ultraviolet (UV) Radiation” and Llamido, in order to provide a safe means of illuminating a fluorescent marker to determine the level of contamination on a user’s hands.
Regarding claim 50, ‘187 modified by “Health Impacts of Exposure to Ultraviolet (UV) Radiation” and Llamido teaches the water dispenser of claim 36, as set forth above, and teaches wherein the light source is configured to emit visible light at a wavelength in a range of about 400-700 nanometers (see modifications in claim 16 rejection).
Claims 17 and 51 are rejected under 35 U.S.C. 103 as being unpatentable over ‘187 in view of “Health Impacts of Exposure to Ultraviolet (UV) Radiation” and Hwang.
Regarding claim 17, ‘187 teaches the water dispenser of claim 1, as set forth above, but does not teach wherein the light source is configured to emit infrared light at a wavelength in a range of about 700 nanometers to 1 millimeter.
“Health Impacts of Exposure to Ultraviolet (UV) Radiation” teaches that overexposure to UV light can cause cancer, among other harmful effects to humans, providing motivation to use an alternative means of illuminating the fluorescent marker.
Hwang teaches using a flourophor/phosphor dye as a fluorescent marker, which is then illuminated using