DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The 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.
Claims 1-4, and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Garner (PG-PUB US 2010/0047116) in view of Jurak et al (PG-PUB US 2017/0072082) and Butera et al (PG-PUB US 2003/0157877).
Regarding claim 1, Garner discloses a sterilization apparatus using ozone (ABSTRACT). The apparatus comprises
(1) an ozone generator 6 within a housing 21 (i.e., an ozone assembly is housed, Figures 1-3, paragraph [0032]);
(2) an ozone sensor 30 coupled to a controller 15, wherein the controller 15 integrated with a timer controls the operation of the apparatus by setting pre-determined ozone concentration having desired exposure duration and comparing the measured ozone concentration from the ozone sensor to pre-determined ozone concentration in order to achieve desired sterilization (i.e., an ozone sensor … a control unit …, Figures 1-3, paragraphs [0012], [0034] , [0051], [0055] –[0060], & Example 1); and
(3) a catalytic filter element 4 for removing ozone by flowing air through an intake 17 to an exit port 16 (i.e., ozone reducing means consisting of a filter assembly with catalytic action … by means of respective controlled ventilation means, Figures 1-3, paragraphs [0031] & [0035]).
Since the claim does not specify “an ozone threshold concentration”, it will be interpreted as “a pre-determined ozone concentration”. Garner teaches to dose a pre-determined amount of ozone to achieve desired degree of sterilization (paragraphs [0012], [0034] , [0051], [0055] –[0060], & Example 1), reading on “an ozone threshold concentration”.
Garner teaches that the ozone generator 60 comprises a plurality of corona plates 62 and a fan is provided for allowing air flow 1004 to flow only in one direction through the ozone generator (Figures 1, 9, 11, & 13, paragraphs [0046], [0048], & [0071]), but does not teach the fan being at an inlet opening upstream from the ozone generator. However, Jurak et al disclose a sterilization apparatus using ozone (ABSTRACT). Jurak teaches that the sterilization unit 16 comprises a corona discharge ozone generator having corona plates and the ozone generator 136 is provided in an ozone cavity 130 having a fan 134 at an inlet opening 105 for flowing airflow through the ozone generator from the inlet to an outlet for dispelling ozone into the enclosed space (Figure 4C, paragraphs [0118] & [0135]). Therefore, it would be obvious for one having ordinary skill in the art to arrange a fan at an inlet opening as suggested by Jurak in order to circulate air through the ozone generator for dispelling ozone into the enclosed space within the device of Garner.
Garner/Jurak does not teach a deviator duct for outputting airflow containing ozone. However, Butera et al disclose an air distribution system (ABSTRACT). Butera teaches that the air distribution system comprises a deviator duct 15 for controlling the direction of airflow using Coanda effect to have reliable and efficient operation with easy and low-cost construction (Figures 3-4, paragraphs [0007] - [0008] &[0020]). Therefore, it would be obvious for one having ordinary skill in the art to try to use a deviator duct as suggested by Butera in an attempt to control the direction of airflow containing ozone for reliable and efficient operation with easy and low-cost construction within the device of Garner/Jurak with a reasonable expectation of success.
Regarding claim 2, Garner teaches that the controller connected to some components of the apparatus, such as a the ozone sensor, through electronic connection to a network (paragraphs [0034] & [0051]).
Regarding claim 3, Garner teaches that the electronic connections may be wireless and the ozone sensor 30 disposed away from the ozone generator 6 is provided within a self-contained housing 20 (Figures 1-3, paragraphs [0011], & [0034]).
Regarding claim 4, Garner teaches a motion/presence sensor 18 (Figure 1, paragraph [0034]).
Regarding claim 6, Garner teaches that audible or visual alarm may be provided (paragraph [0034]).
Regarding claim 7, Garner teaches a temperature sensor (Example 1).
Regarding claim 8, Garner teaches that the controller include a programmable means (paragraph [0034]).
Regarding claim 9, Garner teaches that two or more sterilization systems may be used and the controller 15 connects to a network through a communication system (paragraphs [0034], & [0055]).
Regarding claim 10, Garner teaches that the controller can store a date base of sterilization with user input (paragraphs [0034], [0058], & [0063]).
Response to Arguments
Due to the applicant’s amendments and clarification, rejections under 112 have been withdrawn.
Applicant’s arguments have been considered but are moot in light of the applicant’s amendments.
Conclusion
Claims 1-4, and 6-10 are rejected. Claim 5 is canceled.
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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/XIUYU TAI/Primary Examiner, Art Unit 1795
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