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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/23/2025 has been entered.
As noted in the 02/26/2026 PTO-90C: The general policy of the Office is not to permit the applicant to shift to claiming another invention after an election is once made and action given on the elected subject matter. Note that the applicant cannot, as a matter of right, file a request for continued examination (RCE) to obtain continued examination on the basis of claims that are independent and distinct from the claims previously claimed and examined (i.e., applicant cannot switch inventions by way of an RCE as a matter of right). When claims are presented which the examiner holds are drawn to an invention other than the one elected, he or she should treat the claims as outlined in MPEP § 821.03.
Election/Restrictions
Newly submitted claims 21 and 22 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Claim 21 includes: a direct current (DC) power source; and Claim 22 includes: wherein the DC power source is a 12-Volt battery located in the engine compartment of the ambulance. As stated in the 10/25/2024 Requirement for Restriction, the original claims disclosed patentably distinct species: wherein the electrical power source comprises: 1. an alternating current (AC) power source. 2. a direct current (DC) power source. 3. an alternating current (AC) power source and a direct current (DC) power source. In the 10/28/24 response, the applicant elected without traverse, the electrical power source comprises: an alternating current (AC) power source. from above (species B. 1. In the 10/25/2024 Requirement for Restriction), along with Invention Group I Claims 1-13, drawn to a system, and species A. 1. wherein the mobile environment comprises: an ambulance and the internal compartment is a patient compartment of the ambulance [...]. There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: (a) the species or groupings of patentably indistinct species have acquired a separate status in the art in view of their different classification; (b) the species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter; or (c) the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, the species of a direct current (DC) power source in claims 21-22 have been withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 112
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 21-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21 is not clear with respect to what applicant is claiming. The claim does not clearly set forth the metes and bounds of the patent protection desired. Claim 21 is unclear reciting “[...] in electrical communication with the AC power source via a user actuatable system-level switch located in a cab of an ambulance; a pressurized liquid disinfectant reservoir pneumatically coupled to the air compressor; an electrostatic sprayer comprising an electrostatic spray nozzle, wherein the electrostatic sprayer is: mechanically coupled to a structure of a patient compartment of the ambulance; pneumatically coupled to the air compressor; [...] fluidly coupled to the pressurized liquid disinfectant reservoir via a control valve [...].” The “electrical communication”, “a user actuatable system-level switch”, “a user actuatable run switch” are unclear whether the applicant is trying to claim structural elements (i.e., electrical connection, system level switch, run switch) or function. The phrases such as “pneumatically coupled”, “mechanically coupled”, “fluidly coupled” are similarly unclear because structural elements such as pneumatically coupling means, mechanically coupling means, fluidly coupling means have not been positively claimed. Further, the phrase “via [...]” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention (i.e., user actuatable system-level switch, a cab of an ambulance, a control valve).
Claim 21 recites the limitation "the system-level switch" in L17. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the run switch" in L20. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the engine compartment" in L2. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the system-level switch" in L2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright (US 2021/0268246) in view of Brown et al. (US 2015/0246151).
Regarding claim 1, Wright teaches:
21. An electrostatic spray disinfecting system (e.g., system 1) comprising:
an alternating current (AC) power source (¶ 0271);
an air compressor (i.e., pump P is used to deliver air pressure to the nozzle tip of nozzle 60, ¶ 0197, 0176+) in electrical communication with the AC power source (¶ 0271, 0176) via a user actuatable system-level switch (e.g., actuator 35 ¶ 0176);
a pressurized liquid disinfectant reservoir (e.g., cartridge 50, 350, disinfecting cartridge) pneumatically coupled to the air compressor (see i.e., Tube 395 can be configured as a high pressure supply tube and connected to pump 390 and in fluid communication with a storage tank of cartridge 350. ¶ 0219);
an electrostatic sprayer comprising an electrostatic spray nozzle (e.g., 60, 360), wherein the electrostatic sprayer is:
mechanically coupled (e.g., base 80/280/380) to a structure (e.g., handheld portable electrostatic device, ¶ 0286; ambulances, hospitals, clinical settings, ¶ 0003);
pneumatically coupled to the air compressor (see i.e., Tube 395 can be configured as a high pressure supply tube and connected to pump 390 and in fluid communication with a storage tank of cartridge 350. ¶ 0219);
electrically coupled to the AC power source (¶ 0176, 0178, 0271); and
fluidly coupled to the pressurized liquid disinfectant reservoir via a control valve (e.g., valve mechanisms ¶ 0047); and
a user actuatable run switch in electrical communication (see i.e., Applicator 100 can have actuator 35 for activating or deactivating applicator 100, including powering on the system power, activating an onboard pump P, applying an electrostatic charge to treatment solution, and delivering treatment solution from a cartridge 50 through nozzle 60 and onto a treatment site ¶ 0176);
wherein the system-level switch is capable, when actuated, to supply AC electricity from the AC power source to the air compressor such that the air compressor, in turn, supplies pressurized air to the liquid disinfectant reservoir and the electrostatic sprayer (see ¶ 0176-0179, 0229, 0243-0244, 0271 for example).
Although Wright teaches the importance of disinfecting places such as ambulances (¶ 0003), Wright does not explicitly teach: a user actuatable system-level switch located in a cab of an ambulance; wherein the electrostatic sprayer is: mechanically coupled to a structure of a patient compartment of the ambulance.
Brown et al. teach: A spray disinfecting system for disinfecting a patient compartment of an ambulance (e.g., patient area of an ambulance ¶ 0006, 0026+), the spray disinfecting system comprising:
a power source (e.g., power source ¶ 0025);
an air compressor (e.g., air compressors 20A, 20B, pumps 24 ¶ 0027-0028, Figs. 2-3; see also “Air Compressor” in Fig. 7) in electrical communication with the power source (see i.e., The electrical connectors 41 are provided to connect electrical lines from a power source ¶ 0025; Electrical lines 70, 72 provide electrical connection from a power source, ¶ 0044) via a user actuatable system-level switch (e.g., input device 42, which may be a touchscreen display ¶ 0040) located in a cab of an ambulance (see i.e., The decontamination system 10 may be configured for an ambulance and the and the input device 42, such as a touchscreen may be located in the cab of the ambulance as depicted in FIG. 9, ¶ 0040; see also this input device 42 (such as a touchscreen monitor or display), may be mounted somewhere in the cab of the vehicle such as the console area 41 ¶ 0047);
a pressurized liquid disinfectant (e.g., disinfectant solution ¶ 0007-0008+) reservoir (e.g., 12) pneumatically coupled to the air compressor (see for example Figs. 2-5, 7 & fluid lines are connected to the connectors 43 for delivery the disinfectant solution and/or compressed air to one or more nozzles disposed at an interior and/or exterior of the vehicle. Fluid lines are connected to connectors 49 to deliver compressed air to one or more nozzles to atomize the disinfectant solution at the nozzles. ¶ 0025);
a sprayer (e.g., nozzle assembly 22 ¶ 0027) comprising a spray nozzle (e.g., 32), wherein the sprayer is:
mechanically coupled to a structure of a patient compartment of the ambulance (see Figs. 4A-4B and ¶ 0026-0027 for example; see also i.e., each of the above-described components may be individually secured on interior walls or surfaces of the vehicle, or some of the components may be housed in a control box mounted within the vehicle. ¶ 0032; While these components are shown configured as a single assembly, one skilled in the art will appreciate that each such component may be mounted in the vehicle as separate units performing the same functions. ¶ 0033);
pneumatically coupled to the air compressor (see for example Figs. 2-5, 7 & fluid lines are connected to the connectors 43 for delivery the disinfectant solution and/or compressed air to one or more nozzles disposed at an interior and/or exterior of the vehicle. Fluid lines are connected to connectors 49 to deliver compressed air to one or more nozzles to atomize the disinfectant solution at the nozzles. ¶ 0025);
electrically coupled to the power source (see ¶ 0031 for example); and
fluidly coupled to the pressurized liquid disinfectant reservoir via a control valve (e.g., 38; see for example Figs. 2-5, 7 & fluid lines are connected to the connectors 43 for delivery the disinfectant solution and/or compressed air to one or more nozzles disposed at an interior and/or exterior of the vehicle. Fluid lines are connected to connectors 49 to deliver compressed air to one or more nozzles to atomize the disinfectant solution at the nozzles. ¶ 0025); and
a user actuatable run switch (see i.e., After entry of decontamination procedure data, a "START" button or icon (FIG.13) will appear and authorized personnel presses the button or icon. ¶ 0048) in electrical communication (see Fig. 7 & ¶ 0025, 0042 for example) with the power source (see ¶ 0031 for example) and located in the cab of the ambulance (e.g., input device 42, which may be a touchscreen display ¶ 0040);
wherein the system-level switch is capable, when actuated, to supply electricity from the power source to the air compressor such that the air compressor, in turn, supplies pressurized air to the liquid disinfectant reservoir and the sprayer (see ¶ 0047-0050+);
wherein the power source is a 12-Volt battery located in the ambulance (see ¶ 0031 for example).
wherein the system-level switch is a key switch (see i.e., In order to initiate a decontamination procedure, authorized personnel may login to the system 10, preferably using a passcode (key) as seen in FIG. 10. ¶ 0048).
It would have been obvious to one of ordinary skill in the art to modify the device of Wright with the teachings of Brown et al. for a user actuatable system-level switch (e.g., input device 42, which may be a touchscreen display ¶ 0040) located in a cab of an ambulance (see i.e., The decontamination system 10 may be configured for an ambulance and the and the input device 42, such as a touchscreen may be located in the cab of the ambulance as depicted in FIG. 9, ¶ 0040; see also this input device 42 (such as a touchscreen monitor or display), may be mounted somewhere in the cab of the vehicle such as the console area 41 ¶ 0047); wherein the sprayer is: mechanically coupled to a structure of a patient compartment of the ambulance (see Figs. 4A-4B and ¶ 0026-0027 for example; see also i.e., each of the above-described components may be individually secured on interior walls or surfaces of the vehicle, or some of the components may be housed in a control box mounted within the vehicle. ¶ 0032; While these components are shown configured as a single assembly, one skilled in the art will appreciate that each such component may be mounted in the vehicle as separate units performing the same functions. ¶ 0033) for disinfecting a patient compartment of an ambulance (Brown et al. ¶ 0006, 0026+), configured for controllable from the cab of the ambulance (Brown et al. ¶ 0040+). The Court stated that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. Id. at ___, 82 USPQ2d at 1396.
With regard to limitations in claim 21 (e.g., wherein the system-level switch is configured, when actuated, to supply AC electricity from the AC power source to the air compressor such that the air compressor, in turn, supplies pressurized air to the liquid disinfectant reservoir and the electrostatic sprayer, etc.), these claim limitations are considered process or intended use limitations, which do not further delineate the structure of the claimed apparatus from that of the prior art. The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)).
Regarding claims 22-25, modified Wright teaches:
22. The electrostatic spray disinfecting system of claim 21, wherein the power source is a 12-Volt battery located in the ambulance (see Brown et al. above).
23. The electrostatic spray disinfecting system of claim 21, wherein the control valve is a solenoid valve (¶ 0197).
24. The electrostatic spray disinfecting system of claim 21, further comprising a fluid filter (e.g., pores of a first tray 54 and a second tray 56) positioned between the pressurized liquid disinfectant reservoir and the electrostatic sprayer (see Fig. 7A for example).
25. The electrostatic spray disinfecting system of claim 21, wherein the system-level switch is a key switch (see i.e., the applicator and related systems of this disclosure can be configured to switch polarity at a touch of your finger (key) (e.g., through an actuator, switch, digital indicator and the like) ¶ 0172; Applicator 100 can have actuator 35 for activating or deactivating applicator 100, including powering on the system power, activating an onboard pump P, applying an electrostatic charge to treatment solution, and delivering treatment solution from a cartridge 50 through nozzle 60 and onto a treatment site. ¶ 0176; Further, housing 452 can include a hole in its upper surface through which button 482 can move between locked and unlocked states. In use, moving button 482 (e.g., up and down) can cause button 482 to securely lock cartridge 450 with applicator 400 as shown in FIG. 22 or it can release cartridge 450 therefrom into the unlocked state, as needed or required. ¶ 0246; see also Brown et al. above).
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new ground(s) of rejection. Applicant is thanked for their thoughtful amendments to the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEAN KWAK whose telephone number is (571)270-7072. The examiner can normally be reached M-TH, 4:30 am - 2:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES CAPOZZI can be reached at (571)270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEAN KWAK/Primary Examiner, Art Unit 1798
DEAN KWAK
Primary Examiner
Art Unit 1798