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 .
Response to Amendment/Arguments
Applicant's submission filed on 5/26/2026 has been entered. Claims 1, and 8-10 remain pending on the application.
Applicant argues:
The Office Action alleges that McCormick's walls 20 and 22, base 16, wheels 102a-d, belts 106, and UV-C lights 34 correspond to the frames, rotary rollers, rotary belts, and disinfection modules of claim 1. See Office Action at pg. 5. In particular, the Office Action appears to consider that the spring-biased wheel and belt structure of McCormick supports and moves the curtain. See Office Action at pg. 5 ("In one example, the wheels 102 and track or belt 106 can be configured to be biased, e.g., spring biased, to accommodate different thicknesses in curtains 14 and to help provide traction for moving the curtain 14 through the curtain channel 24.").
However, as noted above, the belt/track structure of McCormick is merely a traction- providing means for moving the curtain. See McCormick at [0058]. In contrast, the rotary belts of amended claim 1 are not only "configured to guide a movement of the curtain while rotating in conjunction with rotations of the rollers", but also the "rotary belts are in surface contact with both opposite surfaces of upper and lower portions of the curtain passing through the disinfection space, thereby preventing contact between the disinfection space and the outside." For example, the rotary belts may perform a sealing function by being in surface contact with both opposite surfaces of the upper and lower portions of the curtain, thereby preventing contact between the disinfection space and the outside. McCormick does not disclose or suggest these features, and the additionally cited references are deficient for at least the same reasons.
Whether or not the curtains are sealed are also a function of the thickness of the curtain relative to the gap between the belts. So McCormick would be capable of sealing the curtain at the upper and lower surfaces. In addition, on that note, McCormick’s belts are taught to provide traction for moving the curtain, which requires direct contact with the curtain. This direct contact is further facilitated by the spring system, which is used to bias the belts and rollers against the curtain. It is unclear how this does not constitute a seal of the curtain on Applicant’s own terms.
Second, claim 1 recites "each of the disinfection modules includes, in order with respect to a movement direction of the curtain, a liquid-disinfectant-based disinfector, an ultraviolet- based disinfector, a plasma-based disinfector, and a heat-based disinfector," when considered with the other elements of the claim. In some examples, such an arrangement may enable chemical disinfection, optical disinfection, plasma disinfection, and heat treatment/drying to be sequentially performed along the movement path of the curtain. Accordingly, the respective disinfection means are not merely independently provided, but instead may cooperate to continuously perform pretreatment, combined disinfection, and post-treatment as the curtain moves through the disinfection space. Therefore, the cited references fail to disclose or suggest these features.
Although Lee discloses a plurality of disinfection means including a UV sterilizer 141, a far-infrared ray generator 142, an ozone sterilizer 143, and a ULV sprayer 144, Lee merely discloses that these components may be "used in combination or selectively." See Lee at [0032]. However, Lee does not disclose or suggest the specific arrangement order required by the claim 1, namely the sequential arrangement of the liquid-disinfectant-based disinfector, the ultraviolet- based disinfector, the plasma-based disinfector, and the heat-based disinfector along the movement direction of the curtain. The additionally cited references are deficient for at least the same reasons.
If Lee discloses that the components are to be used in combination, then that already suggests using the disinfection modules in sequence with one another. And since Lee does not teach a specific arrangement of the disinfection modules (although Fig. 3 of Lee shows that the plurality of disinfecting units 140 are in fact, clustered together in some kind of linear sequence; abstract: A sterilizing and disinfecting chamber includes a plurality of sterilizing and disinfecting units (140)), this leaves room for one of ordinary skill in the art to decide the arrangement of the parts. On that note, there is case law which stipulates that the mere arrangement of the parts is a case of prima facie obviousness, unless an unexpected result is produced, as cited in the rejection to claim 1 stated below.
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 1, 4-5, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US 20180289847 A1, provided in Applicant’s IDS of 5/13/2022) in view of Joung (KR 20080113560 A), Lee (KR 20120029758 A), and Shin (KR 20070090652 A).
Regarding claim 1, McCormick teaches A movable curtain disinfection device comprising:
frames installed on an upper portion of a support (Fig. 1: walls 20, 22, base 16), spaced apart from each other to face each other (Fig. 1-2), and configured to define a disinfection space for a curtain provided between the frames (Fig. 1-2: space in between walls);
rotary rollers including one pair of rollers mounted on an inner surface of one of the frames and another pair of rollers mounted on an inner surface of the other one of the frames (Paragraph 58, Fig. 8B: wheels 102a-d; Fig. 6A: all 8 rollers):
rotary belts respectively provided at upper and lower sides of the one pair of rollers and respectively provided at upper and lower sides of the other pair of rollers, the rotary belts being configured to guide a movement of the curtain while rotating in conjunction with rotations of the rollers; and (Fig. 6A: belts 106; Fig. 8B: belts 106): and
disinfection modules respectively disposed between the one pair of rollers and between the other pair of rollers, and configured to disinfect the curtain passing through the disinfection space, (Fig. 8B.: UV lights 34)
wherein the rotary belts are in surface contact with both opposite surfaces of upper and lower portions of the curtain passing through the disinfection space, thereby preventing contact between the disinfection space and the outside, and (Fig. 6A; Fig. 8A; par. 61: If the wheels 102 are non-motorized and rotate freely in either direction, the curtain 14 may enter through either side opening 26a, 26b of the curtain channel 24 and pass or be pulled through the treatment zone 80; par. 58: In another embodiment, as shown in FIGS. 6A and 8B, each of the pairs of wheels 102a-d of device 100A can be provided with a belt 106 that can cooperate with and help convey or move the hung curtain 14 through the curtain channel 24 and treatment zone 80 when one or more of the wheels 102 are motorized and the device 100 is in use. In another example, the belt 106 may be replaced by a track or the like. The track or belt 106 may be composed of various materials, such as rubber, silicone, or the like, that can provide for desirable traction with the curtain fabric to assist with moving the curtain 14 through the curtain channel 24. In one example, the wheels 102 and track or belt 106 can be configured to be biased, e.g., spring biased, to accommodate different thicknesses in curtains 14 and to help provide traction for moving the curtain 14 through the curtain channel 24)
wherein the disinfection module includes at least one of an ultraviolet-based disinfector (Fig. 1: 34)
but does not teach
each of the rollers being provided to have the same height as the frames
wherein each of the disinfection modules includes, in order with respect to a movement direction of the curtain, a liquid-disinfectant-based disinfector, an ultraviolet-based disinfector, a plasma-based disinfector, and a heat-based disinfector.
Joung teaches a clothing sterilization device (abstract: A sterilization and drying device for bedclothes and clothes is provided to perform the sterilization and drying of the clothes and bedclothes in a short time). Joung teaches wherein the rollers at each corner of the frame are not separate wheels as in McCormick, but a single roller with greater length (Fig. 3-4). McCormick’s upper and lower wheels, if connected as a single roller, this way, would constitute a roller that has the same height as the frames.
Furthermore, in the absence of any teaching to the contrary, the shape of the wheels/rollers does not affect operation since they would still be capable of driving the same four belts that give traction to the curtains. Absent a showing of significance or unexpected results, the shape of X is prima facie obviousness and do not modify the operation of the invention and further, does not add patentable significance. MPEP 2144.04.B: In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant). Accordingly, the claimed dimensions and shapes are considered to be not patentably distinct from the disclosed device of McCormick. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper and lower wheels at each corner of McCormick to be integrated into a single, tall roller that extends the height of the frame, as taught by Joung, with a reasonable expectation that they would be equally capable of driving the belts that then contact the curtains.
McCormick modified by Joung still does not teach wherein each of the disinfection modules includes, in order with respect to a movement direction of the curtain, a liquid-disinfectant-based disinfector, an ultraviolet-based disinfector, a plasma-based disinfector, and a heat-based disinfector.
Lee teaches a sterilization chamber (abstract: PURPOSE: A sterilizing and disinfecting chamber is provided to efficiently implement a sterilizing and disinfecting process with respect to medical appliances by forming foldable wheels on a carrier). Lee teaches a sterilization module comprising a UV light source, an infrared light source for generating heat, a plasma/ozone source, and a liquid disinfectant sprayer (abstract: sterilizing and disinfecting chamber includes a plurality of sterilizing and disinfecting units(140); pg. 3 par. 9-12: The sterilization disinfection unit 140 is installed in the form of a plurality embedded in the upper part of the disinfection room 110 to disinfect sterilization of the sterilization objects stored in the disinfection room 110, UV sterilizer 141 and far-infrared rays that emit ultraviolet rays. The far-infrared generator 142 that emits and the ozone sterilizer 143 for generating and spraying ozone and the ULV sprayer 144 for spraying the disinfectant with ultrafine particles are provided to be used in combination or selectively. Here, the UV sterilizer 141 may be, for example, a 253.7 nm UV-C type UV lamp for generating a wavelength of the region having the highest sterilization efficiency or an ultraviolet LED emitting a specific UV wavelength. As the far-infrared generator 142, for example, when a current is applied, a far-infrared heater which emits large amounts of far-infrared rays and generates radiant heat may be used. The ozone sterilizer 143, for example, has a structure in which one or both electrodes are coated with a dielectric such as glass or ceramic so that the discharge gap of the electrode portion is opposed to 1 to 3 mm, and the AC high voltage of about 5 to 20 kv and about 50 Hz to 2 kHz is used. When is applied, a silent discharge type that generates ozone by light blue fine pulse discharge in the discharge space can be used. The ULV (Ultra Low Volume) sprayer 144 is, for example, the liquid medicine stored in the medicine container is injected into the ultra-fine particles by the negative pressure in the nozzle in the process of being injected through the nozzle with the high-pressure air supplied from the air compressor It is possible to use a device spraying and spraying, or a device for spraying and spraying using a high pressure to split the liquid drug into fine particles through a high speed rotation of the power source). Lee teaches wherein all these disinfection modules are arranged sequentially on an interior surface of its frame (Fig. 3-4: sterilization disinfection unit 140; Fig. 6: 141-144 arranged sequentially).
Lee is intended to sterilize cloth, among other things (pg. 3 par. 1: In particular, the disinfection room 110 is a space for disinfecting various types of medical and welfare equipment, such as beds, mattresses, wheelchairs, air mattresses, bedding,).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the UV lights of McCormick modified by Joung to be adjacent to a plasma disinfector, a heat disinfector, and a liquid spraying disinfector, each arranged sequentially, as taught by Lee, in order to provide additional, more varied sources of sterilization for more effective sterilization of cloth. All these individual disinfection units are interpreted to be part of the same disinfection module that previously only comprised of the UV lights, since Lee itself also interprets all these units as part of one unit. Since these units are located together, they would also be necessarily disposed in some type of sequence, whether the sequence is linear or radial.
McCormick modified by Joung and Lee still does not teach that the order of the disinfection modules is as claimed: in order with respect to a movement direction of the curtain, a liquid-disinfectant-based disinfector, an ultraviolet-based disinfector, a plasma-based disinfector, and a heat-based disinfector. Lee teaches that the disinfection modules are clumped together but does not teach this specific order and linear arrangement.
However, in the absence of any teaching to the contrary, the location each of the disinfection modules does not affect operation so long as they are capable of administering sterilization to the curtain without any blocking structure. Absent a showing of significance or unexpected results, the claimed locations of the components are prima facie obvious and do not modify the operation of the invention and further, do not add patentable significance. The Manual of Patent Examining Procedures discloses that in In re Japikse, 181 F.2d 1019, 86 USPQ 70(CCPA 1950), a mere rearrangement of parts for a design change has no patentable significance unless a new and unexpected result is produced. In this case, there has not been any unexpected result produced from having the disinfection modules in this particular order and arrangement since the same amount of sterilization is going to be administered anyway. Furthermore, McCormick even teaches that the curtain can pass through in either direction (par. 57: In another example, the motorized wheels 102 may be configured to automatically rotate only upon contact with the curtain 14 and may rotate in either direction) such that the order of the disinfection modules matters even less. Therefore, 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 disinfection modules of McCormick modified by Lee so that its disinfection modules are arranged linearly with respect to the movement direction of the curtain as follows: a liquid-disinfectant-based disinfector, an ultraviolet-based disinfector, a plasma-based disinfector, and a heat-based disinfector, with a reasonable expectation that the same amount of total sterilization is administered.
Regarding claim 8, McCormick modified by Joung and Lee teaches the movable curtain disinfection device of claim 1, as set forth above, and teaches further comprising:
a plurality of wheels disposed on a lower portion of the support and configured to move the frames while supporting the frames (Fig. 1: wheels 60).
Regarding claim 10, McCormick modified by Joung and Lee teaches the movable curtain disinfection device of claim 1, as set forth above, and teaches further comprising:
an operation panel disposed on an outer surface of the frames and configured such that operation commands related to operations of the rotary rollers, the rotary belts, and the disinfection modules are inputted into the operation panel (par. 59: With further reference to FIGS. 6 and 7, the curtain sanitizer device 100 also can include a touch screen interface 110, which can be associated with a control system including a processor configured to execute computer-readable instructions, as is known to those skilled in the art, to perform at least one sanitizing operation. The computer-readable instructions may be stored in a non-transitory computer storage medium, such as a computer memory in communication with the processor. The touch screen interface 110, such as via user input, may perform any or all of the above identified functions associated with operation of the device 100, including, but not limited, to turning the device 100 on or off, turning the UV-C lights 34 on or off, adjusting the intensity or controlling the duration of the UV-C lights 34, turning the rotation of motorized wheels 102 on or off, and adjusting the speed of rotation of motorized wheels 102 thereby allowing the user to change the speed that the curtain 14 passes through the treatment zone 80, etc.; NOTE: the Lee modification to add disinfection modules to the disinfection unit would connect the modules to the same operation panel since it is part of the same disinfection unit as the preexisting UV light disinfection module).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over McCormick modified by Joung and lee in view of Mauzerall (US 20150314026 A1).
Regarding claim 9, McCormick modified by Joung, Lee, and Shin teaches the movable curtain disinfection device of claim 8, as set forth above, but does not teach further comprising:
a height adjustment member provided to be embedded in the support, connected between the lower portion of the support and the wheels, and configured to adjust a height in a vertical direction.
McCormick already teaches adjusting the height of its device to fit different curtains (par. 41: And the manufactured length (L) of the wall(s) 20, 22 and, thus, the overall height of the device 10 may be adjusted accordingly to correspond to the height needed to desirably sanitize the target curtain(s) 14. In another example, one wall 20, 22 may be shorter or longer than the other wall 20, 22). Therefore, as indicated by Fig. 4, there would also be a motivation to adjust the height of the base according to the distance between the curtain and the ground, as needed.
Mauzerall teaches a sterilization cabinet (abstract). Mauzerall teaches a scissor lift for adjusting the height of its base relative to its wheels (Fig. 10; par. 155: In accordance with this aspect of the invention, scissor lift 315 may be actuated so as to enable upper platform 305 to be lowered until it is substantially flush with the floor).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of McCormick modified by Joung, Lee, and Shin to have a scissor lift attached to its base and wheels to adjust the height of the base relative to the wheels, as taught by Mauzerall, in order to adapt the device for different curtain dimensions.
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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/C.C./Examiner, Art Unit 1796
/KEVIN JOYNER/Primary Examiner, Art Unit 1799
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