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
This final action is in response to the amendment filed on 09/25/2025
Claim Objections
Claims 13 and 17-18 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only--, and/or, --cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims 13 and 17-18 have not been further treated on the merits.
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.
Claims 13 and 17-18 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.
Dependent method claim 13 was amended to depend from system claim 1. The examiner is unable to determine the metes and bounds of method claim 13 since it is not recited what structural limitations from system claims 1-4 are or are not included in dependent method claim 13. It is respectfully requested that method claim 13 be rewritten in independent form to include all the structural limitations of amended system 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 (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 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 13 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 202655419 U – English translation of Description Section).
Regarding claim 13; Li discloses a method (page 1, paragraphs 3 and 7), of reducing pathogenic microorganism present on surfaces of a room, the method comprising:
dispensing, into the room, purified air (page 1, paragraphs 8-10 and all of page 2) that has been purified with an air purification system; and
dispensing a probiotic solution in aerosol form (page 2, paragraph 9) into the purified air so that it will be dispensed into the room with the purified air, wherein the probiotic solution comprises non- pathogenic bacteria (page 4, paragraph 9).
Regarding claim 17, Li discloses that the probiotic solution comprises a scent (page2, paragraph 10).
Regarding claim 18, Li discloses that the probiotic solution comprises an odor absorbing compound (page2, paragraph 10).
Allowable Subject Matter
Claims 1-4 and 7-8 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The primary reasons for allowance of system claim 1 are the combined inclusions of the following: the recited value of the blower airflow, the recited diameter size of the particles, the recited time range, and the recited concentration values of the particles.
Applicant’s arguments on pages 4-5 with respect to amended claim 1 in the Remarks section are found persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONZER R CHORBAJI whose telephone number is (571)272-1271. The examiner can normally be reached M-F 5:30-12:00 and 6:00-9:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jill J Warden can be reached at (571)272-1267. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONZER R CHORBAJI/Primary Examiner, Art Unit 1798