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 .
Response to Amendment
Claim amendments filed 28 August 2025 are acknowledged. Claims 1-36 are pending with claim 37 being cancelled.
Response to Arguments
Applicant’s arguments with respect to claims 1-36 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The rejection of claim 37 has been withdrawn due to the claim being cancelled.
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 (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 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 1-2, 4-8, 11, 15-21, 23-28, 31, and 34-36 are rejected under 35 U.S.C. 103 as being unpatentable over Djikstra (US 20200101183 A1) in view of Olsen (US 20190117812 A1).
Regarding claim 1, Djikstra teaches a disinfection system (abstract) comprising: at least one beam-producing light source for disinfection (UV illumination device for disinfecting, abstract); at least one imaging device for collecting data about objects in a field of view of the at least one imaging device (device having a built in camera to detect application area, abstract); and a programmed controller for controlling the at least one beam-producing light source based on the data collected from the at least one imaging device (controlling unit is adapted to control the light projection based on the camera unit, paragraph [0046]), wherein the controller is programmed to utilize the data collected to: (i) classify the objects in the field of view according to whether each of the objects is or is not a potential source of infection and rank the objects in the field of view according to risk of harboring an infection (identify the scanned item and prioritize based on the frequency of use, paragraph [0023], and the item which is used more often would be more prone to germs, paragraph [0070]); (iii) localize the at least one potential transmission site in the field of view of the at least one imaging device (localization module provides a complete visual module to localize the objects using the camera unit, paragraph [0055]); and (iv) based on the classification of the objects, the characterization of the at least one potential transmission site and the localization of the at least one potential transmission site in the field of view, control the at least one beam-producing light source to disinfect the at least one potential transmission site (controlling unit uses modules for automatically selecting, identifying, prioritizing various objects and provide UV treatment automatically, paragraph [0054]), and wherein the controller is further programmed to control the at least one beam-producing light source to disinfect the potential transmission sites in order of priority (project the UV light based on the prioritized list of items, paragraph [0053]), but does not teach (ii) characterize at least one potential transmission site between at least one of the objects that is classified as a potential source of infection and at least one other of the objects in the field of view and assign a priority to the at least one potential transmission site; and wherein the priority of the transmission sites is changed dynamically as new data is acquired in real time. However, Olsen teaches to (ii) characterize at least one potential transmission site between at least one of the objects that is classified as a potential source of infection and at least one other of the objects in the field of view and assign a priority to the at least one potential transmission site (monitor indirect transfer of pathogens to secondary surfaces, paragraph [0021], contamination map allows determination of which areas of the room should be prioritized for cleaning, paragraph [0017]); and wherein the priority of the transmission sites is changed dynamically as new data is acquired in real time (sensors collect cleaning activity and the contamination map may be updated, paragraph [0020]).
Djikstra and Olsen are considered analogous to the current invention because all are in the field of automated UV disinfection systems. Therefore, it would have been obvious to one of ordinary skill in the art to combine the automatic disinfection system taught by Djikstra with the transmission site identification and real-time updates taught by Olsen because Olsen teaches such features allow for a greater reduction in pathogens, reduced time for disinfection, and improved coverage of surfaces, paragraph [0021]).
Regarding claim 2, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one beam-producing light source comprises a laser of a directed incoherent light source (light source for producing UV light such as laser light, paragraph [0066], Djikstra).
Regarding claim 4, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one potential transmission site comprises at least one potential contact site on surface between the at least one potential source of infection and the at least one other of the objects in the field of view (sick patient touch a surface then said object is moved to another surface so the pathogens are transferred to that surface as well and the system tracks this indirect transfer, paragraph [0021], Olsen).
Regarding claim 5, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein characterizing the at least one potential transmission site comprises analyzing movements of the at least one potential source of infection in the field of view to determine where the at least one potential source of infection could or did contact the at least one other of the objects (activity data includes the location of person’s contact with a surface in the room, movement of object and movement of liquids in the room, paragraph [0006], Olsen).
Regarding claim 6, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one potential source of infection comprises organisms and/or water droplets (activity data include at least one of a location and size of a person’s contact, paragraph [0004], and sneezes/coughs and the spread of liquids, paragraph [0023], Olsen).
Regarding claim 7, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the organisms comprise a set of defined objects to avoid harmfully irradiating with the at least one beam-producing light source, and wherein the controller is further programmed to control the at least one beam-producing light source to avoid harmfully irradiating the objects of the set of defined objects (identify the presence of a human and the controlling unit illuminates only with normal light, paragraph [0020], and identify objects with need to be prevent from the UV light projection, paragraph [0021], Djikstra).
Regarding claim 8, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the controller switches off at least one of the at least one beam-producing light source or redirects at least one of the at least one beam-producing light source to avoid harmfully irradiating the objects of the set of defined objects (UV illumination device adapted to illuminate only normal white household light when human is identified, paragraph [0020]).
Regarding claim 11, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the set of defined objects comprises humans, pet animals, and portions there of (identify presence of a human or pet, paragraph [0020], Djikstra).
Regarding claim 15, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one beam-producing light source comprises a plurality of beam-producing light sources (on or more UV light sources, paragraph [0009], Djikstra); and the controller is programmed to model energy deposition at the at least one potential transmission site so that the energy provided be each of the plurality of beam-producing light sources is aggregated to reach a pre-determined energy threshold for disinfecting at the at least one potential transmission site (system calculates the dose requirement and whether the proper UV dose has been supplied to the target area, paragraphs [0030]-[0031], Olsen).
Regarding claim 16, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the controller is programmed with a neural network for synthesizing the collected data (controlling unit compares scanned data and stored data using artificial intelligence module and machine learning module, paragraph [0052], Djikstra).
Regarding claim 17, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one beam-producing light source comprises a plurality of ultraviolet lasers (UV illuminating device may be laser lights, paragraph [0066], Djikstra), and the at least one imaging device comprises a plurality of cameras (one or more sensors including depth-sensing cameras and thermal imagers, paragraph [0023], Olsen).
Regarding claim 18, the combination of Djikstra and Olsen teaches all aspects of the current invention including at least one non-coherent ultraviolet light source for disinfection (UV illumination device can include UV LEDs, UV lamps, or mercury vapor lamps, paragraph [0066]).
Regarding claim 19, Djikstra teaches a method of disinfecting (abstract) comprising: collecting data, with at least one imaging device, about objects in a field of view of the at least one imaging device (device having a built in camera to detect application area, abstract); classifying the objects in the field of view according to whether each of the objects is or is not a potential source of infection and ranking the objects in the field of view according to risk of harboring an infection (identify the scanned item and prioritize based on the frequency of use, paragraph [0023], and the item which is used more often would be more prone to germs, paragraph [0070]); localizing the potential transmission sites in the field of view of the at least one imaging device (localization module provides a complete visual module to localize the objects using the camera unit, paragraph [0055]); and based on the ranking of the objects, the classification of the objects, the characterization of the potential transmission sites, the priorities of the potential transmission sites and the localization of the potential transmission sites, controlling at least one light source for disinfection to disinfect the transmission sites in order of priority (controlling unit uses modules for automatically selecting, identifying, prioritizing various objects and provide UV treatment automatically, paragraph [0054], and project the UV light based on the prioritized list of items, paragraph [0053]), but does not teach characterizing potential transmission sites between the objects classified as a potential source of infection and others of the objects in the field of view and assigning priorities to the potential transmission sites and wherein the priorities of the transmission sites are changed dynamically as new data is acquired in real time. However, Olsen teaches teach characterizing potential transmission sites between the objects classified as a potential source of infection and others of the objects in the field of view and assigning priorities to the potential transmission sites (monitor indirect transfer of pathogens to secondary surfaces, paragraph [0021], contamination map allows determination of which areas of the room should be prioritized for cleaning, paragraph [0017]); and wherein the priorities of the transmission sites are changed dynamically as new data is acquired in real time (sensors collect cleaning activity and the contamination map may be updated, paragraph [0020]).
Djikstra and Olsen are considered analogous to the current invention because all are in the field of automated UV disinfection systems. Therefore, it would have been obvious to one of ordinary skill in the art to combine the automatic disinfection system taught by Djikstra with the transmission site identification and real-time updates taught by Olsen because Olsen teaches such features allow for a greater reduction in pathogens, reduced time for disinfection, and improved coverage of surfaces, paragraph [0021]).
Regarding claim 20, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one light source comprises at least one beam-producing light source (UV illumination device is a laser light, paragraph [0066], Djikstra).
Regarding claim 21, the combination of Djikstra and Olsen teach all aspects of the current invention including wherein the at least one light source comprises at least one laser (UV Illumination device is a laser light, paragraph [0066], Djikstra).
Regarding claim 23, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one potential transmission site comprises at least one contact site between the potential sources of infection and the at least one other of the objects (sick patient touch a surface then object is moved to another surface so the pathogens are transferred to that surface as well and the system tracks this indirect transfer, paragraph [0021], Olsen).
Regarding claim 24, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one contact point is on a surface of the at least one other of the objects (activity data includes the location and size of a person’s contact with a surface, paragraph [0004], Olsen).
Regarding claim 25, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein characterizing the at least one potential transmission site comprises analyzing movements of the potential sources of infection in the field of view to determine where the potential source of infection could or did contact the at least one other of the objects (activity data includes the location of person’s contact with a surface in the room, movement of object and movement of liquids in the room, paragraph [0006], Olsen).
Regarding claim 26, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one potential source of infection comprises organisms and/or water droplets (activity data include at least one of a location and size of a person’s contact, paragraph [0004], and sneezes/coughs and the spread of liquids, paragraph [0023], Olsen).
Regarding claim 27, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the organisms comprise a set of defined objects to avoid harmfully irradiating with the at least one light source, and wherein the method further comprises the at least one light source to avoid harmfully irradiating the objects of the set of defined objects (identify the presence of a human and the controlling unit illuminates only with normal light, paragraph [0020], and identify objects with need to be prevent from the UV light projection, paragraph [0021], Djikstra).
Regarding claim 28, the combination of Djikstra and Olsen teaches all aspects of the current invention including switching off at least one of the at least one light source or redirecting at least one of the at least one light source to avoid harmfully irradiating the objects of the set of defined objects (UV illumination device adapted to illuminate only normal white household light when human is identified, paragraph [0020]).
Regarding claim 31, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the set of defined objects comprises humans, pet animals and portions, thereof (identify presence of a human or pet, paragraph [0020], Djikstra).
Regarding claim 34, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the at least one beam-producing light source comprises a plurality of ultraviolet lasers (UV illuminating device may be laser lights, paragraph [0066], Djikstra), and the at least one imaging device comprises a plurality of cameras (one or more sensors including depth-sensing cameras and thermal imagers, paragraph [0023], Olsen).
Regarding claim 35, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein the method is performed by a human user, by a programmed controller, or by a combination of a human user and a programmed controller (control unit automatically controls UV device, paragraph [0023], and device can be manually controlled by using a remote device, abstract, Djikstra).
Regarding claim 36, the combination of Djikstra and Olsen teaches all aspects of the current invention including wherein a human user classifies the objects in the field of view according to whether each of the objects is or is not a potential source of infection (user can select, identify, and prioritize the items and adjust the time and intensity of the light projections, abstract, Djikstra).
Claims 9-10, 12-14, 29-30, and 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Djikstra and Olsen in view of Kaler (US 20240207475 A1).
Regarding claim 9, the combination of Djikstra and Olsen teaches all aspects of the current invention except wherein controller is further programmed to predict reflection angles of a beam from the at least one beam-producing light source based on the data collected about the objects in the field of view, and the predicted reflection angles are used to redirect the beam. However, Kaler teaches wherein controller is further programmed to predict reflection angles of a beam from the at least one beam-producing light source based on the data collected about the objects in the field of view (identifying highly reflective areas and reflective paths, paragraph [0026], and supported by provisional application 62/993,546 page 8 line 22- page 9 line 1), and the predicted reflection angles are used to redirect the beam (reflectors used to steer light to any location in the space, paragraph [0051], supported by provisional application 62/993,546 page 18 lines 11-13).
Djikstra, Olsen, and Kaler are considered analogous to the current invention because all are in the field of automated UV disinfection systems. Therefore, it would have been obvious to one of ordinary skill in the art to combine the disinfection system taught by Djikstra and Olsen with the reflective control taught by Kaler because Kaler that knowing the reflection paths will prevent irradiation of unintended areas/objects (paragraph [0026], supported by provisional application 62/993,546 page 8 line 21).
Regarding claim 10, the combination of Djikstra and Olsen teaches all aspects of the current invention except wherein controller is further programmed to classify the potential sources of infection and the at least one other of the objects in the field of view by risk of light reflectivity, and to utilize the risk of reflectivity to control the at least one beam-producing source of light to avoid harmfully irradiating the object of the set of defined objects. However, Kaler teaches wherein controller is further programmed to classify the potential sources of infection and the at least one other of the objects in the field of view by risk of light reflectivity (UV photodetector can detect UV light that may be reflected or emanating from objects in the venue, paragraph [0043], supported by provisional application 63/002,184 page 13 lines 13-15), and to utilize the risk of reflectivity to control the at least one beam-producing source of light to avoid harmfully irradiating the object of the set of defined objects (determine exclusion zone as an area with a reflection profile that is not desired, paragraph [0100], supported by provisional application 62/993,546 page 8 line 21).
Djikstra, Olsen, and Kaler are considered analogous to the current invention as described above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the disinfection system taught by Djikstra and Olsen with the reflective control taught by Kaler because Kaler teaches that knowing the reflection paths will prevent irradiation of unintended areas/objects (paragraph [0026], supported by provisional application 62/993,546 page 8 line 21).
Regarding claim 12, the combination of Djikstra and Olsen teaches all aspects of the current invention except wherein targeting light is mixed with light of the at least one beam-producing light source so that the targeting light and the light of the at least one beam-producing light source are reflected together from the object; the data collected by the at least one imaging device includes primary and reflected locations of the targeting light and the light of the at least one beam-producing light source; and, the controller creates a map of possible reflections of the light of at least one beam-producing light source from the primary and reflected locations in order to calibrate the disinfection system to maximize irradiation of the at least one potential transmission site and avoid harmfully irradiating the organisms of the set of defined organisms. However, Kaler teaches wherein targeting light is mixed with light of the at least one beam-producing light source so that the targeting light and the light of the at least one beam-producing light source are reflected together from the object (mix of non-visible and visible light to show the location and direction of the non-visible light, paragraph [0025], supported by provisional application 62/993,546 page 7 lines 15-19); the data collected by the at least one imaging device includes primary and reflected locations of the targeting light and the light of the at least one beam-producing light source (IR, UV, and visible light imaging, paragraph [0106], and markers placed around the venue are photo reflective and detected by imaging sensors, paragraph [0159], supported by provisional application 62/993,546 page 19 lines 1-3); and, the controller creates a map of possible reflections of the light of at least one beam-producing light source from the primary and reflected locations in order to calibrate the disinfection system to maximize irradiation of the at least one potential transmission site and avoid harmfully irradiating the organisms of the set of defined organisms (system compiles statistics and measurements into a colorized hotspot map, paragraph [0151], and impulse testing with visible, UV and IR light to ensure sensors are properly calibrated, paragraph [0098], supported by provisional application 62/993,436 page 23 lines 16-17).
Djikstra, Olsen, and Kaler are considered analogous to the current invention as described above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the disinfection system taught by Djikstra and Olsen with the data mapping taught by Kaler because Kaler teaches such mapping allows the system to be trained and assessed for effectiveness and safety of the system (paragraph [0067], supported by provisional application 62/993,546 page 24 lines 21-22).
Regarding claim 13, the combination of Djikstra, Olsen, and Kaler teaches all aspects of the current invention as described above including wherein the reflected light is used to register locations between two or more of the at least one imaging devices and/or to confirm targeting of the at least one transmission site (markers detected by various sensors, and if seen by the sensors there is a clear line-of-sight to direct UV light, paragraph [0163], Kaler, supported by provisional application 62/993,546 page 28 lines 11-13).
Regarding claim 14, the combination of Djikstra, Olsen, and Kaler teaches all aspects of the current invention as described above including wherein the targeting light is utilized to project a message or image on the surface before, during or after disinfection (system may add in different colored light to indicate different operating modes such as green to indicate surface has just been cleaned and a different color to indicate surface needs disinfection, paragraphs [0076]-[0077], Kaler, supported by provisional application 62/993,546 page 28 lines 17-22).
Regarding claim 29, the combination of Djikstra and Olsen teaches all aspects of the current invention except predicting reflection angles of a beam from the at least one coherent light source based on the data collected about the objects in the field of view, and redirecting the at least one light source based on the predicted reflection angles. However, Kaler teaches predicting reflection angles of a beam from the at least one coherent light source based on the data collected about the objects in the field of view (identifying highly reflective areas and reflective paths, paragraph [0026], and supported by provisional application 62/993,546 page 8 line 22- page 9 line 1), and redirecting the at least one light source based on the predicted reflection angles (reflectors used to steer light to any location in the space, paragraph [0051], supported by provisional application 62/993,546 page 18 lines 11-13).
Djikstra, Olsen, and Kaler are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the disinfection system taught by Djikstra and Olsen with the reflective control taught by Kaler because Kaler that knowing the reflection paths will prevent irradiation of unintended areas/objects (paragraph [0026], supported by provisional application 62/993,546 page 8 line 21).
Regarding claim 30, the combination of Djikstra and Olsen teaches all aspects of the current invention except classifying the potential sources of infection and the at least one other of the objects in the field of view by risk of light reflectivity, and controlling the at least one light source based on the risk of reflectivity to avoid harmfully irradiating the objects of the set defined objects which are located along a reflection vector. However, Kaler teaches classifying the potential sources of infection and the at least one other of the objects in the field of view by risk of light reflectivity (UV photodetector can detect UV light that may be reflected or emanating from objects in the venue, paragraph [0043], supported by provisional application 63/002,184 page 13 lines 13-15), and controlling the at least one light source based on the risk of reflectivity to avoid harmfully irradiating the objects of the set defined objects which are located along a reflection vector (determine exclusion zone as an area with a reflection profile that is not desired, paragraph [0100], supported by provisional application 62/993,546 page 8 line 21).
Djikstra, Olsen, and Kaler are considered analogous to the current invention as described above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the disinfection system taught by Djikstra and Olsen with the reflective control taught by Kaler because Kaler teaches that knowing the reflection paths will prevent irradiation of unintended areas/objects (paragraph [0026], supported by provisional application 62/993,546 page 8 line 21).
Regarding claim 32, the combination of Djikstra and Olsen teaches all aspects of the current invention except wherein mixing visible light with light of the at least one light source so that the visible light and the light of the at least one light source are reflected together from the objects, wherein the data collected by the at least one imaging device includes primary and reflected locations of the visible light and the light of the at least one light; and, creating a map of possible reflections of the at least one light source from the primary and reflected locations in order to maximize irradiation of the at least one potential transmission site and avoid harmfully irradiating the organisms of the set of defined organisms. However, Kaler teaches mixing visible light with light of the at least one light source so that the visible light and the light of the at least one light source are reflected together from the objects (mix of non-visible and visible light to show the location and direction of the non-visible light, paragraph [0025], supported by provisional application 62/993,546 page 7 lines 15-19); wherein the data collected by the at least one imaging device includes primary and reflected locations of the visible light and the light of the at least one light source (IR, UV, and visible light imaging, paragraph [0106], and markers placed around the venue are photo reflective and detected by imaging sensors, paragraph [0159], supported by provisional application 62/993,546 page 19 lines 1-3); and creating a map of possible reflections of the at least one light source from the primary and reflected locations in order to maximize irradiation of the at least one potential transmission site and avoid harmfully irradiating the organisms of the set of defined organisms (system compiles statistics and measurements into a colorized hotspot map, paragraph [0151], and impulse testing with visible, UV and IR light to ensure sensors are properly calibrated, paragraph [0098], supported by provisional application 62/993,436 page 23 lines 16-17).
Djikstra, Olsen, and Kaler are considered analogous to the current invention as described above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the disinfection system taught by Djikstra and Olsen with the data mapping taught by Kaler because Kaler teaches such mapping allows the system to be trained and assessed for effectiveness and safety of the system (paragraph [0067], supported by provisional application 62/993,546 page 24 lines 21-22).
Regarding claim 33, the combination of Djikstra, Olsen, and Kaler teaches all aspects of the current invention as described above including registering locations between two or more of the at least one imaging devices based on the reflected light (markers detected by various sensors, and if seen by the sensors there is a clear line-of-sight to direct UV light, paragraph [0163], Kaler, supported by provisional application 62/993,546 page 28 lines 11-13).
Allowable Subject Matter
Claims 3 and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
A combination of Djikstra and Olsen is identified as the closest prior art to the limitations presented in claim 2. However, Djikstra nor Olsen teaches wherein the controller is programmed to complete an existing disinfection before a new higher priority disinfection unless an assigned priority ranking of the new disinfection exceeds an emergency threshold.
Conclusion
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/K.R.S./
Examiner, Art Unit 1799
/DONALD R SPAMER/Primary Examiner, Art Unit 1799