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 .
Election/Restrictions
Applicant’s election of Group I drawn to claims 1-13 is acknowledged. Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/18/2026.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 02/28/2024 and 03/14/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 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.
Regarding claim 1, claim recites the limitation " the chemical vaporising assembly" in line 3. There is insufficient antecedent basis for this limitation in the claim. In this case, it is unclear if the chamical vaporizing assembly in line 3 is the same or different with “a chemical vaporizing apparatus” recites in line 2. For examination purposes, the phrase is suggested to amend as follows, “a chemical vaporising [[apparatus]] assembly for storing and vaporising a sanitising chemical composition, the chemical vaporising assembly comprising:”. Furthermore, lines 4-5 recites “a sanitising chemical composition” and line 7 recites “a sanitising chemical composition”. It is unclear whether each of “a sanitising chemical composition” in lines 4-5, and line 7 is the same or different with “a sanitising chemical composition” in lines 2-3. For examination purposes, the phrases are suggested to amend as follows “a housing configured to receive and retaining one or more cartridges containing [[a]] the sanitising chemical composition; a vaporiser located within the housing, the vaporiser configured to receive and convert [[a]] the sanitising chemical composition in the chemical containing cartridges into a vapor;”. Claims 2-13 are also rejected as being dependent upon claim 1.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated over Mielnik (WO 2007008205 A1 and see PDF translation attached).
Regarding independent claim 1, Mielnik discloses, a sanitisation system (see system in Fig. 1), the sanitisation system comprising:
a chemical vaporising [[apparatus]] assembly for storing and vaporising a sanitising chemical composition, the chemical vaporising assembly comprising:
a housing (see room 12 in Fig. 1) configured to receive and retaining one or more cartridges (see reservoir 30 in Fig. 2, and see Fig. 1, wherein the cartridge/reservoir 30 is located within the system 10 and system 10 is located within housing/room 12) containing [[a]] the sanitising chemical composition (disclosed the specification “the hydrogen peroxide vapor is readily formed from a solution of hydrogen peroxide in water, such as a 35% hydrogen peroxide solution, which is supplied from a reservoir 30”);
a vaporiser (see vaporizer 34 in Fig. 2) located within the housing (see Fig. 1, wherein the vaporizer 34 is located within the system 10 and system 10 is located within housing/room 12), the vaporiser (34) configured to receive and convert [[a]] the sanitising chemical composition in the chemical containing cartridges into a vapor (see Fig. 2 and disclosed in the specification “The vaporizer 34 converts the liquid to a vapor, for example, by bringing droplets or a mist of the solution into contact with a heated plate or tube 38. Other gaseous oxidizing agents may be used, such as peracids, e.g., peracetic acid vapor, ozone, or alcohol, alone, or in combination with one or more gaseous oxidants including hydrogen peroxide vapor”); and
an air purifier assembly (see freestanding mobile aeration unit 111 in Fig. 1) located within the housing (see Fig. 1), the air purifier assembly (111) configured to purify the air by removing vaporised sanitising chemical composition and maintain a low humidity environment (disclosed in the specification “the aeration unit 111 includes one or more catalytic converters 113, such as two or more catalytic converters in series, which destroy hydrogen peroxide in the room air. The blower draws or passes the room air through the catalytic converters and out into the room. The aeration unit optionally also includes a dehumidifier 114 for removing moisture from the air” wherein the specification further discloses “For example, in the early stages of hydrogen peroxide removal, the relative humidity in the room can be about 30%, or above, e.g., at least 40%. For the last stages of removal, e.g., for hydrogen peroxide levels of 10 ppm or below (particularly for levels of about 5ppm and below, and most particularly for levels of 3ppm and below), the relative humidity is preferably dropped to about 20% or below”);
an outlet assembly comprising:
a duct (see duct 50 in Fig. 2) connected to the chemical vaporising assembly for transporting the vapor therein (see Fig. 2 and disclosed in the specification “The vapor and carrier gas mixture passes from the vaporizer outlet 49 into a duct 50 which is connected with an outlet 52 of the system 10”);
an elongate dispersion member (see outlet 52 in Fig. 2) having a first end connected to the duct (see Fig. 2), the elongate dispersion member (52) having a plurality of apertures (see two or more fluid lines 100 and 102 in Fig. 1) formed therein for dispersing vapor therethrough (see Fig. 1 and disclosed in the specification “The outlet 52 of the vapor generation system 10 is optionally connected to two or more fluid lines 100, 102”); and
a fan (see blower disclosed in the specification cited below) located at a second end of the elongate dispersion member distal to the first end of the elongate dispersion member for drawing air into the dispersion member (disclosed in the specification “one or more fluid lines is connected with a blower (not shown) of the room dehumidification and heating system 90, 92, to assist in distributing the vapor throughout the room”); and
a system controller programmed (control system 70 in Fig. 2) to activate the fan to draw air into the elongate dispersion member for mixing with the vapor and dispersal through the plurality of apertures formed in the elongate dispersion member (disclosed in the specification “The control system 70 optionally controls the vaporizer, pumps, and other components of the generation system in response to detected levels of hydrogen peroxide, water vapor, and/or sensed contaminants in the room to ensure the desired vapor concentration and or decontamination level is achieved”).
Regarding claim 2, Mielnik discloses, the sanitisation system according to claim 1, wherein the sanitising chemical composition comprises liquid hydrogen peroxide (disclosed the specification “the hydrogen peroxide vapor is readily formed from a solution of hydrogen peroxide in water, such as a 35% hydrogen peroxide solution, which is supplied from a reservoir 30”).
Regarding claim 3, Mielnik discloses, the sanitisation system according to claim 2, wherein the sanitising chemical composition comprises up to 35% mL/mL hydrogen peroxide (disclosed in the specification “the hydrogen peroxide vapor is readily formed from a solution of hydrogen peroxide in water, such as a 35% hydrogen peroxide solution”) or between 0.1% mL/mL and 35% mL/mL hydrogen peroxide or no more than 10% mL/mL hydrogen peroxide.
Regarding claim 4, Mielnik discloses, the sanitisation system according to claim 1, wherein the fan and air purifier assembly are controlled by the system controller (disclosed in the specification “The control system 70 optionally controls the vaporizer, pumps, and other components of the generation system in response to detected levels of hydrogen peroxide, water vapor, and/or sensed contaminants in the room to ensure the desired vapor concentration and or decontamination level is achieved”).
Regarding claim 5, Mielnik discloses, the sanitisation system according to claim 1, wherein the air purifier assembly comprises an air filter and/or a dehumidifier and/or UV lights and/or a fan for drawing air (see blower 112 in Fig. 1, and disclosed in the specification “the aeration unit 111 includes […] The blower draws or passes the room air through the catalytic converters and out into the room. The aeration unit optionally also includes a dehumidifier 114 for removing moisture from the air”).
Regarding claim 6, Mielnik discloses, the sanitisation system according to claim 1, wherein the duct (50) is connected to the air purifier assembly (111, wherein the duct 50 belongs to system 10, wherein the system 10 is electronic connected with aeration unit 111).
Regarding claim 7, Mielnik discloses, the sanitisation system according to claim 1, wherein the housing (12) comprises one or more openings (see Fig. 1) formed therein and the one or more openings are formed about the air purifier assembly (111) to allow the air purifier assembly to draw in air (see Fig. 1).
Regarding claim 8, Mielnik discloses, the sanitisation system according to claim 1, wherein the chemical vaporising assembly further comprises a fluid level indicator (disclosed in the specification “Sensors 60, 61, 62 such as hydrogen peroxide sensors 60, water vapor sensors 61, a dew point temperature measuring device 62 , and/or detectors 63 for selected anticipated chemical or biological contaminants, are optionally associated with the vapor generation system 10 or separately positioned throughout the room 12 prior to decontamination”).
Regarding claim 9, Mielnik discloses, the sanitisation system according to claim 8, wherein the fluid level indicator digitally and/or visually indicates an amount of sanitising chemical composition in the cartridge and electronically communicates the amount of sanitising chemical composition in the cartridge to the system controller (disclosed in the specification “Sensors 60, 61, 62 such as hydrogen peroxide sensors 60, water vapor sensors 61, a dew point temperature measuring device 62 , and/or detectors 63 for selected anticipated chemical or biological contaminants, are optionally associated with the vapor generation system 10 or separately positioned throughout the room 12 prior to decontamination […] the control system 70 adjusts the rate of introduction of hydrogen peroxide to the vaporizer, air flow rates, or the like, in response to detected hydrogen peroxide/water concentrations, to maintain the selected hydrogen peroxide concentration in the room 12. Suitable hydrogen peroxide sensors 60 are 5 those which use infrared absorption by the vapor circulating in the room 12. The sensor preferably operates in a region of the infrared spectrum where water and/or hydrogen peroxide absorbs strongly, to provide a measure of the hydrogen peroxide concentration”).
Regarding claim 10, Mielnik discloses, the sanitisation system according to claim 1, wherein the vapor is transported from the housing (12) by the duct (50) connecting the housing and the dispersion member (100 and 102, see Fig. 1 and Fig. 2).
Regarding claim 11, Mielnik discloses, the sanitisation system according to claim 1, wherein the system controller (70) is further programmed to activate the air purifier assembly to dehumidify and/or remove sanitising chemical from the air of a space to be sanitized (disclosed in the specification “The control system 70 optionally controls the vaporizer, pumps, and other components of the generation system in response to detected levels of hydrogen peroxide, water vapor, and/or sensed contaminants in the room to ensure the desired vapor concentration and or decontamination level is achieved”).
Regarding claim 12, Mielnik discloses, the sanitisation system according to claim 1, the sanitisation system further comprising a sensing assembly comprising at least one of: a humidity sensor, a temperature sensor and a sensor configured to detect an amount of vaporised sanitising chemical composition in the air (disclosed in the specification “Sensors 60, 61, 62 such as hydrogen peroxide sensors 60, water vapor sensors 61, a dew point temperature measuring device 62 , and/or detectors 63 for selected anticipated chemical or biological contaminants, are optionally associated with the vapor generation system 10 or separately positioned throughout the room 12 prior to decontamination).
Regarding claim 13, Mielnik discloses, the sanitisation system according to claim 1, wherein the duct (50) comprises a plurality of passageways (see Fig. 2), wherein a first passageway (50) is configured to transport vapor from the vaporiser (34) to the dispersion member (52) and a second passageway (bypass line 56 in Fig. 2) is configured to transport air from the space to the air purifier assembly after a sanitisation cycle (see Fig. 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VY T NGUYEN whose telephone number is (571) 272-6015. The examiner can normally be reached Monday-Friday approx. 9:00 am-5:00 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VY T NGUYEN/Examiner, Art Unit 3761
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