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 Objections
Claims 27-28 are objected to because of the following informalities:
Claim 27 refers to “the sensor” and it is not clear which sensor is being referred to as claim 26 from which claim 27 depends sets forth both “input from a sensor” and “at least two sensors”.
Claim 28 is objected to similarly.
Appropriate correction is required.
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 14-15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Pangan (US 11,191,857) in view of Shur (US 2014/0060095) in view of Nguyen (US 2018/0221520).
Regarding claim 14, Pangan (US 11,191,857) discloses –
A method of disinfecting an article (abstract), the method comprising:
providing a disinfection container (The interior of cabinet 12 is divided into upper and lower sub-compartments by lighting assembly 50 when inserted as shown in Fig. 3, the sub-compartment where the tray 20 is stored within reading on the limitation of a disinfection container)
inside a cabinet (Fig. 1-3 the housing 12) having
an opening (Opening blocked by door 14 shown as open in Fig. 1),
the disinfection container including an ultraviolet (UV) source (plurality of UV lamps 56; Column 5 lines 31-35),
a tray (drawer 20 shown in fig. 1) moveable between
a first position outside the cabinet for placement and retrieval of an article in the tray (Fig. 1 shows this position) and
a second position within the disinfection container for disinfection of the article (Column 3 lines 3 lines 6-22), and
a barrier pivotally coupled to the tray (door 14, see col. 3 lines 14-21); moving the tray by a controller (microcontroller 92) via an actuator (motor driver and motor reads on the actuator; Column 3 lines 56-61) for driving the barrier,
the tray upon moving (i) outwards from the disinfection container, pivots the barrier within the cabinet and away from the opening for extending the tray to the first position via the opening (Fig. 1 shows this open position, and the door 14 must have some hinge means attached to and at least partially interior to the cabinet as shown to allow for the automated and mechanized rotation and securing of the door via the internal electronic components) and
(ii) towards the second position, causes the barrier to move within the cabinet and towards the opening for blocking the opening to prevent access to the tray in the second position through the opening (Column 4 lines 1-11 discloses the closed and blocked position and similar to above the hinge of the door must be at least partially inside the cabinet as they are integrally connected via a motorized moving hinge part), wherein the tray is moved to
(i) the first position based on a first sensor input (Column 5 lines 1-4 discloses a sensor input ejecting the drawer to the outside first position) and completion of a disinfection cycle (the treatment cycle must be complete in order to reposition towards the first position in order to not interrupt the disinfection cycle, and Pangan suggests this in Column 5 lines 1-4) and
(ii) the second position based on a second sensor input (sensor 18 triggers a closing and blocking position reading on the second position; Column 3 lines 3-6); and
projecting UV light from the UV source on to the article in the second position of the tray until the disinfection cycle is complete (Column 4 lines 34-36, Column 4 line 53-Column 5 line 1). Pangan appears to be silent with regards to the barrier moving to a set position above or below the disinfection container within the cabinet, and moving towards the second position based on a set duration.
Regarding the limitation directed towards the barrier being moved to a set position above or below the disinfection container: Shur (US 2014/0060095) discloses a disinfection method and cabinet (abstract) where a barrier is pivoted to a position above the container inside the cabinet to allow or prevent access to the container (Figs. 7a-b sliding door 70 above storage device 352, par. 50 disclosing an inner UV transparent enclosure and an outer reflective wall reading on the limitation of a container and cabinet respectively, the door obviously having some part interior to the outer surface of device 352 in order to seal the UV radiation within). 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 method disclosed by Pangan such that the barrier is pivoted to a position above the disinfection container within the cabinet as taught by Shur. One would have been motivated to do so to implement a compact door design that saves space to arrive at an improved disinfection method.
Nguyen (US 2018/0221520) discloses a method of disinfecting an article including the repositioning of a barrier from an access position to a disinfecting position, where the barrier is repositioned to a second position for disinfection based on a set duration (par. 58, block 1012 where the device is open is maintained for a predetermined amount of time). Nguyen also teaches the barrier is repositioned to a first position for access based on a set duration (par. 42). 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 method disclosed by Pangan such that the tray is moved to the second position based in part on a set duration as taught by Nguyen to arrive at the claimed invention. One would have been motivated to do so to avoid unnecessary exposure of the article to ambient air and possible contamination in an event that the article is not or cannot be immediately retrieved by a person to arrive at an improved disinfection method.
Regarding claim 15, modified Pangan further teaches pivoting the barrier (i) upwards when the tray is moved outwards from the disinfection container and (ii) downwards when the tray is moved towards to the second position (fig. 7a-b of Shur show this).
Regarding claim 19, modified Pangan further teaches the step of moving further comprises receiving the first sensor input and the second sensor input from a proximity sensor, and wherein a distance moved by the tray towards the first positioned is managed by the controller based on the sensor input (The sensor 18 is a touchless sensor that is a proximity sensor, Column 4 lines 30-36 – the distance that is traveled by the tray is the full articulation distance which the tray is instructed to move across according to the input, and the claimed distance is arbitrary and includes both 0% and 100% of the distance towards the first position).
Modified Pangan appears to be silent with regards to a combination of inputs from at least two sensors, however the modification of Pangan to include another generic sensor providing some generic input to the device is merely a duplication of parts, and would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention. See MPEP 2144.04(VI)(B).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Pangan (US 11,191,857) in view of Shur (US 2014/0060095) in view of Nguyen (US 2018/0221520) as applied to claim 14 above and further in view of Baranov (US 2018/0117192).
Regarding claim 16, Pangan is set forth above with regards to claim 14 but appears to be silent with regards to the tray including an optically transparent base for supporting the article and walls that include reflectors.
Baranov discloses a method of disinfecting an article (abstract) including a disinfection cabinet having a tray (Fig. 2 tray 220) including a base for supporting the article (transparent lower portion 244; par. 31) and walls surrounding the base (walls 240), wherein the base is optically permeable to the UV light and the walls include one or more reflectors (walls of tray 240 are reflective; par. 26). 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 tray disclosed by Pangan such that the tray includes a base and walls that are optically permeable and reflective to UV light respectively to arrive at the claimed invention. One would have been motivated to do so to enhance the exposure and thus effectiveness of the UV radiation to arrive at an improved disinfecting method.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Pangan (US 11,191,857) in view of Shur (US 2014/0060095) in view of Nguyen (US 2018/0221520) as applied to claim 14 above and further in view of Ufkes (US 2018/0193502).
Regarding claim 17, Pangan is set forth with regards to claim 14 above, but appears to be silent with regards to a pulsed UV light.
Ufkes discloses a UV disinfection method including pulsing UV light out of phase with another UV light from another source in order to more quickly and efficiently kill pathogens (par. 32 UV emitters 106 and UV emitters 104). 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 method disclosed by Pangan such that the UV lights 56 are flashed out of phase with one another to arrive at the claimed invention. One would have been motivated to do so to more efficiently and effectively destroy pathogens to arrive at an improved disinfecting method.
Regarding claim 18, modified Pangan further discloses the step of projecting further comprises operating the UV source along with an additional UV source, wherein the UV source and the additional UV source are triggered alternately by the controller to collectively emit UV light in a pulsed manner on to the article (see par. 32 of Ufkes and the rejection of claim 17 above).
Claims 21-22 and 24-31 are rejected under 35 U.S.C. 103 as being unpatentable over Baranov (US 2018/0117192) in view of Shur (US 2014/0060095) in view of Nguyen (US 2018/0221520).
Regarding claim 21, Baranov (US 2018/0117192) discloses –
A method of disinfecting an article (title, abstract), the method comprising:
providing a cabinet (Figs. 1 and 9-10 specifically the second portion 200-2 of shell 104) enclosing a moveable tray (tray 220) and a barrier pivotally coupled thereto the tray (barrier 948), wherein
the cabinet includes an opening configured for the tray to pass therethrough (the opening selectively blocked by barrier 948 shown in Figs. 9-10);
moving, using a controller, the tray to transition between a first position outside the cabinet for placement and retrieval of an article in the tray and a second position within the cabinet for disinfection of the article (Figs. 9 and 10 show the reconfiguration of the tray from outside second portion 200-2 for placement of an article to inside the second portion 200-2 for sterilization, par. 61),
the tray upon being moved causing the barrier to pivot within the cabinet (figs. 9-10 show this, par. 61), wherein the tray moving
(i) towards the first position causes the barrier to at least in-part unblock the opening (Fig. 9 shows the open position) and
(ii) towards the second position causes the barrier to at least in-part block the opening (Fig. 10 shows the blocked closed position); and
projecting a germicide from a germicide source on to the article in the second position of the tray (par. 61 discloses UV radiation being applied in the closed sanitization position), where the germicide source includes a UV source (par. 61) and wherein the tray is moved towards the first position upon completion of a disinfection cycle (the operation of the device at step 730 in Fig. 7 shows the tray is moved to the access position outside the cabinet at the sensed completion of a cycle).
Baranov appears to be silent with regards to the tray pivotally moving within the cabinet, and upon completion of a set duration, the tray to transition between a first position outside the cabinet and a second position within the cabinet.
Regarding the limitation directed towards the barrier being moved to a set position above or below the disinfection container: Shur (US 2014/0060095) discloses a disinfection method and cabinet (abstract) where a barrier is pivoted to a position above the container inside the cabinet to allow or prevent access to the container (Figs. 7a-b sliding door 70 above storage device 352, par. 50 disclosing an inner UV transparent enclosure and an outer reflective wall reading on the limitation of a container and cabinet respectively, the door obviously having some part interior to the outer surface of device 352 in order to seal the UV radiation within). 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 method disclosed by Pangan such that the barrier is pivoted to a position above the disinfection container within the cabinet as taught by Shur. One would have been motivated to do so to implement a compact door design that saves space to arrive at an improved disinfection method.
Nguyen (US 2018/0221520) discloses a method of disinfecting an article including the repositioning of a barrier from an access position to a disinfecting position, where the barrier is repositioned to a second position for disinfection based on a set duration (par. 58, block 1012 where the device is open is maintained for a predetermined amount of time). Nguyen also teaches the barrier is repositioned to a first position for access based on a set duration (par. 42). 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 method disclosed by Pangan such that the tray is moved to the second position based in part on a set duration as taught by Nguyen to arrive at the claimed invention. One would have been motivated to do so to avoid unnecessary exposure of the article to ambient air and possible contamination in an event that the article is not or cannot be immediately retrieved by a person to arrive at an improved disinfection method.
Regarding claim 22, Baranov further teaches the germicide includes UV light (par. 18 discloses the UV radiation types emitted).
Regarding claim 24, Baranov further teaches the tray includes an optically-permeable surface for receiving the article (radiation transparent lower portions 244 and 944).
Regarding claim 25, Baranov further teaches the tray includes a reflector (par. 26 discloses the tray walls 240 being reflective).
Regarding claim 26, Baranov further teaches the step of moving further comprises receiving, using the controller, an input from a sensor for controlling a movement of the tray, and wherein a distance moved by the tray towards the first position is managed by the controller (par. 46-48 discloses the detection of an input from an input switch or button reading on the limitation of a sensor, and the subsequent movement of the tray in response thereto – the distance that is traveled by the tray is the full articulation distance which the tray is instructed to move across according to the input, and the claimed distance is arbitrary and includes both 0% and 100% of the distance towards the first position).
Modified Baranov appears to be silent with regards to a combination of inputs from at least two sensors, however the modification of Baranov to include another generic sensor providing some generic input to the device is merely a duplication of parts, and would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention. See MPEP 2144.04(VI)(B).
Regarding claim 27, Baranov appears to be silent with regards to the first input from the sensor.
Nguyen further teaches the tray is moved towards the first position upon further based upon receiving a first input from the sensor (Nguyen teaches repositioning to the first open position based on an input from a presence sensor, par. 56; fig. 11 block 1002). 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 method disclosed by Baranov such that the tray is repositioned to the first position in part based upon a first input from the sensor to arrive at the claimed invention. One would have been motivated to do so to only present the device when a user is there to retrieve it to avoid unnecessary operation and energy waste and potential exposure of the article to pathogens.
Regarding claim 28, Baranov further teaches the tray is moved towards the second position further based upon receiving a second input from the sensor (par. 46-48 discloses the detection of an input from an input switch or button reading on the limitation of a sensor, and the subsequent movement of the tray into the sanitizing position in response thereto between blocks 715 and 720 in fig. 7).
Regarding claim 29, Baranov further teaches pivoting the barrier (i) upwards when the tray is moved outwards from the disinfection container and (ii) downwards when the tray is moved towards to the second position (fig. 7a-b of Shur show this).
Regarding claim 30, Baranov further teaches the step of projecting further comprises initiating the germicide source or the projection of germicide therefrom when the tray is located in the second position (par. 61 discloses UV radiation being applied in the closed sanitization position).
Regarding claim 31, Baranov further teaches the step of projecting further comprises operating the germicide source in combination with an additional UV source, wherein the germicide source and the additional UV source are triggered simultaneously or alternately by the controller (there are two sources 216 powered on at the same time, a top and bottom UV source 216 reading on the limitation of a germicide source and a UV source operated simultaneously; par. 27).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Baranov (US 2018/0117192) in view of Shur (US 2014/0060095) in view of Nguyen (US 2018/0221520) as applied to claim 21 above and further in view of Ufkes (US 2018/0193502).
Regarding claim 23, Baranov is set forth above with regards to claim 21, but appears to be silent with regards to the germicide being projected in a pulsed manner.
Ufkes discloses a UV disinfection method including pulsing UV light out of phase with another UV light from another source in order to more quickly and efficiently kill pathogens (par. 32 UV emitters 106 and UV emitters 104). 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 method disclosed by Baranov such that the UV lights 216 are flashed out of phase with one another to arrive at the claimed invention. One would have been motivated to do so to more efficiently and effectively destroy pathogens to arrive at an improved disinfecting method.
Claims 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Baranov (US 2018/0117192) in view of Shur (US 2014/0060095) in view of Nguyen (US 2018/0221520) as applied to claim 21 above and further in view of Pangan (US 11,191,857).
Regarding claim 32, Baranov is set forth above with regards to claim 21, but appears to be silent with regards to a container within the cabinet.
Pangan discloses a method of disinfecting an article using a disinfecting cabinet, the cabinet being divided into sub-compartments by a modular light assembly 50 (figs. 1-3, the light assembly 50 dividing the interior of treatment device 10 reading on the cabinet into upper and lower sub-cabinets that read on the limitation of a container within the cabinet). 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 method disclosed by Baranov such that the cabinet includes a movable and modular light assembly 50 as the light sources 216 such that the cabinet 200-2 is divided into at least one sub-compartment reading on the limitation of a container inside a cabinet to arrive at the claimed invention. One would have been motivated to do so to movably attach the light sources which is desired by Baranov (par. 59) according to means known in the art and to better focus the light onto the object to be sterilized via the reflective surfaces 52 of the light assembly 50 to arrive at a more effective and efficient sterilizing method, with more easily replaceable light sources. The combination of familiar prior art elements that function the same together as they do separately, such as lighting means in UV disinfectors, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding claim 33, modified Baranov further teaches the germicide source is attached to the container (the sources 216 even when modified would be integrally formed with the cabinet and thus at least in indirect contact with the container defined by the light assembly 50 that the sources 216 are modified to be).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Baranov (US 2018/0117192) in view of Shur (US 2014/0060095) in view of Nguyen (US 2018/0221520) as applied to claim 21 above and further in view of Mauzerall (US 2020/0030470).
Regarding claim 34, Baranov is set forth above with regards to claim 21, but appears to be silent with regards to a mobile body configured for supporting the cabinet.
Mauzerall (US 2020/0030470) discloses a disinfection cabinet including a mobile body configured for supporting the cabinet (Fig. 4 shows cabinet 105 on cart 200 with wheels 225). 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 method disclosed by Baranov such that the cabinet is supported on a mobile body as disclosed by Mauzerall to arrive at the claimed invention. One would have been motivated to do so to allow for convenient transportation of the cabinet for a more convenient and flexible user experience and to be able to use the cabinet in different locations easily.
Response to Arguments
Applicant’s amendments to address the claim informalities and the Examiner’s Comment included in the Non-Final Rejection mailed 8/12/25 are acknowledged, and the remarks fully address those objections and comments.
Applicant's arguments filed 11/11/25 have been fully considered but they are not persuasive. Applicant’s remarks directed towards the prior art failing to teach the limitation of independent claims 14 and 21 including “causes the barrier to move a set position above or below the disinfection container within the cabinet and away from the opening” are not persuasive. Applicant argues Pangan, Laporte and Nguyen fail to teach this limitation, however the newly cited Shur is relied upon for teaching this limitation as necessitated by amendment.
Applicant’s arguments directed towards the “causes” limitation are not persuasive. The device operates by being manipulated by a motor which is in communication with a microcontroller 92 that in tandem operates the door and tray to both open and close harmoniously, see col. 3 lines 56-61 which is the cited embodiment referenced in the rejection above and not the section argued by Applicant. This functionality is further supported in lines 37-42 of col. 4 of the disclosure. The function of the barrier moving and the tray moving are connected by the operation of the device and the various mechanical connections of the two components. The term “causes” is given its plain meaning, which is to give rise to an action, phenomenon, or condition - and as required by the disclosure of Pangan, the door and tray being repositioned are inextricably linked in the function of opening and moving, respectively. The barrier moves because it must in order to present the tray to the user. There is no further structural requirement that stems from the claim term “causes”, and the function is disclosed and therefore Pangan meets this claim limitation. Claim 14 remains rejected.
Applicant’s arguments directed towards the remaining claims are not persuasive as they do not attack the references for any of the reasons they are relied upon in the rejections above. The remaining claims 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