DETAILED ACTION
This is the first action on the merits in response to US Patent Application No. 18/010,141, filed 13 December, 2022, as the National Stage Entry of International Application PCT/EP2021/067589, filed 25 June, 2021, with priority to Belgian Application BE 2020/0072, filed 25 June, 2020.
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 without traverse of Group I in the reply filed on 05 January, 2026, is acknowledged.
Claims 1-2, 7-8, 10-11, 14, 33-34, 39-40, 42-43, 46, 49-52, and 57-58 are pending. Claims 3-6, 9, 12-13, 15-32, 35-38, 41, 44-45, 47-48, 53-56, and 59-62 are cancelled.
Claims 49-52 and 57-58 are withdrawn from consideration as being directed to a non-elected invention. Claims 1-2, 7-8, 10-11, 14, 33-34, 39-40, 42-43 and 46—belonging to the elected Group I—have been fully considered.
Claim Interpretation
Certain pending claims (claims 10, 33, 39, and 57) recite claimed elements alongside their corresponding reference character in the drawings. The reference characters are appropriately enclosed within parentheses. However, it is noted that the presence of the reference characters does not affect the scope of the claim—see MPEP 2173.05(s).
Claim Objections
Claims 1 and 33 are objected to because of the informalities indicated below.
Claim 1 recites “said controller being configured to control at least said pump in function of at least measurement of said flow meter” (lines 9-10). The phrasing of this limitation, especially with respect to the phrase “in function of”, is grammatically unclear. The limitation is understood to require that the controller controls the pump based on measurements from the flow meter. The limitation should be adjusted to more clearly convey this meaning; the following is an exemplary adjustment: “said controller being configured to control at least said pump as a
Claim 33 recites “said controller controlling at least said pump (4) in function of at least measurements of said flow meter” at lines 9-10. The phrasing of this limitation is grammatically unclear. The limitation is understood to require that the controller controls the pump based on measurements from the flow meter. The limitation should be adjusted to more clearly convey this meaning; the following is an exemplary adjustment: “said controller controlling at least said pump as a function of
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, 7-8, 10, 14, 33, 39-40, 42, and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Hipp (US 2010/0326117 A1) in view of Ambrogio et al. (US 2020/0297782 A1), and further in view of Brown (US 20150246151 A1).
Regarding claim 1, Hipp teaches a system for injecting an injection medium into an indoor environment (injection device for injecting an injection medium into a volumetric flow of a line system—abstract; injected medium distributed in the line system 15 and into rooms coupled thereto—[0093]), the system comprising:
-a container (4) configured to contain an injection medium (container 4 accommodated in first compartment 3—[0071]—of housing 2 of injection device 1—[0070]—the container 4 storing an injection medium which can be injected into a line system 15—[0071]-[0072]);
-a nebulizer (air atomizing nozzle/nozzle 14) arranged to spray an amount of said injection medium into a ventilation channel (15) of said indoor environment (injection medium injected via injector nozzle 14 into volumetric flow of line system 15—[0090]; injection media injected into volumetric flow in the form of a liquid or solid aerosol…[using] air atomizing nozzles—[0091]; injection nozzle 14 of injection head 11—[0084]),
-a pump (5) arranged to transport said amount of said injection medium to be nebulized from said container (4) to said nebulizer (14) (compressor 5 arranged in second compartment 6 of housing 2—[0074]—and pumps may be provided instead of compressors—[0075], [0079]; the compressor/pump operates to inject the injection medium via injector nozzle 14—[0090]—via a pathway defined by a plurality of lines [7, 12] and connections [8, 12]—see Fig. 3, [0074], [0078], [0081])
-a controller (control system with a user control panel 10—[0094]) operatively connected to said pump, said controller being configured to control said pump (electronic control unit for controlling the compressor or pump—[0018]) as a function of sensor readings (control the injection as a function of sensors coupled to the line system—[0094]).
The container (4), nebulizer (nozzle 14 of injection head 11), pump (5), ventilation channel (15), and a portion of the controller (10) discussed above are clearly depicted in Figs. 1 and 3 of Hipp below.
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Hipp indicates that the injection medium can comprise any desired agent (“The injection medium may comprise a disinfectant, a fragrance and/or other agents, the addition of which to the volumetric flow is desirable”—[0024]), but Hipp does not particularly teach that the injection medium is a mix of [beneficial] micro-organisms.
Also, Hipp discloses a flow sensor for the ventilation channel (sensors coupled to the lines system, for example flow sensors—[0094]), Hipp does not teach a flow meter arranged to measure the flow of said amount of said mix of micro-organisms, wherein the controlled is configured to control the pump as a function of the measurements of the flow meter.
With respect to the selection of a mix of microorganisms, Ambrogio et al. (US 2020/0297782 A1)—in the analogous art of introducing microorganisms into a bult environment (abstract)—teaches configuring an HVAC system to administer nonpathogenic bacteria to an indoor environment in the form of an aerosolized spray (auxiliary system or appliance may be configured to provide the preparation as a spray, aerosol, or mist—[0017]—wherein the auxiliary system is an HVAC system—see [0015]; microorganism preparations administered to a built environment—[0250]; nonpathogenic bacteria introduced into built environment via the auxiliary system….the composition prepared as solutions… solutions for administration via HVAC system may be aqueous solutions…the solution may be in the form of a mist—[0255]) in order to prevent, limit, or reduce the spread of pathogenic bacteria within the environment ([0249]; also see [0076], [0122], [0266]). Ambrogio particularly indicates such administering of the bacteria can be achieved by providing the HVAC system with a container (cartridge or reservoir) storing an aqueous solution of nonpathogenic bacteria (([0255], [0259]) and dispersing the solution as an aerosol ([0017]) into a conduit of the HVAC system (see [0005], [0008]-[0009], [0015]-[0016], claims 2, 5, and 17).
Therefore, it would be obvious to a person having ordinary skill in the art to modify the system of Hipp such that the selected injection medium is an aqueous preparation of a mix of nonpathogenic microorganisms, as suggested by Ambrogio (see Ambrogio [0255], [0017]; also, all of [0056], [0058], [0078], [0080]-[0081], and [0085] suggest that the preparation may comprise a combination of different species of microorganisms), for the benefit of preventing, limiting, or reducing the spread of pathogenic bacteria within the environment (Ambrogio at [0249]; also see [0076], [0122], [0266]).
With respect to the claimed flow meter and controller configuration, it is first noted that Hipp does suggest metering the amount of injection medium provided over a time interval (injection media may be metered in in different quantities—[0077]; regulation of metering by control system such that the substance is sprayed at certain time intervals—[0123]) to achieve a desired concentration of the injection medium within the ventilation channel of the indoor environment (injection medium injected with high degree of accuracy and in respectively desired concentration into volumetric flow—[0024]), and Ambrogio similarly discusses devices which deliver a metered dose of nonpathogenic bacteria (metered dose of nonpathogenic bacteria—[0210]; also [0178], [0193]) continuously or periodically (preparation may be introduced continuously during operation of the auxiliary system…[or] periodically—[0018]; also [0250]). Although Hipp and Ambrogio do not teach the claimed arrangement and configuration of a flow sensor, pump, and controller, Hipp and Ambrogio would reasonably guide a person of ordinary skill in the art to consider alternative arrangements for providing a metered dose of a microbial injection medium into an airflow.
Furthermore, Brown—in the analogous art of delivering an aerosol to an enclosed space (disinfectant solution dispersed in atomized form in an interior space of a vehicle—abstract)—teaches a system comprising a reservoir (12) containing a solution ([0022]) which is transferred through flow lines to a nozzle (32) by action of a pump (24) (pumps 24 deliver solution form reservoir 12 to nozzle assembly 22—[0027]; nozzle assembly 22 includes nozzle 32 which atomizes and disperses solution—[0034]) operated by a controller (controller 26 controls activation of pump 24—[0028]). Brown further teaches a flow meter (34) which monitors the flow rate of the solution from the reservoir to the nozzle, wherein the controller controls the pump based on measurements from the flow meter (flow meter 34 monitors the flow rate of the solution from reservoir 12 to the nozzle 32…when an entered dose amount has been reached the controller 26 is programmed to deactivate the pump 24—[0036]). Therefore, it would be obvious to a person having ordinary skill in the art to modify the system of Hipp to include a flow sensor arranged between the pump and nebulizer and to reconfigure the controller of Hipp to control the pump as a function of flow meter measurements, in accordance with the arrangement taught by Brown ([0022],[0027],[0028],[0034],[0036]), for the benefit of automatically delivering a desired dosage of the solution over a period of time (Brown: The flow meter 34 is in signal communication with the controller 26 and transmits signals to the controller 26 indicative of the amount of solution having been delivered to the nozzle(s) 32. When an entered dose amount has been reached the controller 26 is programmed to deactivate the pumps 24—[0036]).
Thus modified, Hipp teaches all structural and functional limitations of claim 1.
Regarding claim 7, Hipp in view of Ambrogio and Brown teaches the system of claim 1. Hipp further teaches a digital display unit (23) that is connected to the central control system, the digital display unit functioning to display essential parameters and magnitudes in addition to allowing programming of the injection device operating mode ([0110]; also see claim 13 of Hipp). This teaching of Hipp does imply a receiver (digital display unit 23) being provided operational parameters from the controller (central control system). Nonetheless, Hipp is not explicitly clear in teaching the controller comprising a network interface which transfers the operational parameters from the controller to an external receiver. That is, Hipp and Ambrogio do not teach all of the controller comprising a network interface, said controller being configured to provide operational parameters to an external receiver via said network interface.
However, Brown teaches the system discussed with respect to claim 1 above, wherein embodiments of said system include a mobile touch screen device (42) wirelessly connected to a controller (26) via a network interface (46) (input device 42, such as a touchscreen display…or a smart phone, hand-held computer lap-top or other computer device that is linked with a local network and in communication with the controller 26 through communication module 46 or ethernet cable 81—[0047]) and configured to display certain parameters (during the injection a red warning signal is displayed—Fig. 14, [0050]; screen display allows personnel to select a time or dose for the injection—Figs. 11-12, [0050]—amount of disinfectant in reservoir 12 can be input at touchscreen—Fig. 15, [0052]). Brown thus demonstrates that a network interface (46) can facilitate the wireless transfer of information from a controller (central control system) to a mobile touchscreen display device (42), wherein such a configuration provides the evident benefit of allowing the system parameters to be adjusted and monitor by a remotely located operator.
Therefore, it would be obvious to a person having ordinary skill in the art to configure the display unit (23) of Hipp as a mobile touchscreen display device acting as an external receiver that receives operational parameters from a network interface associated with the controller, as substantially seen in Brown (see paragraph above), for the benefit of allowing a remotely located operator to adjust and monitor the operating parameters of the system.
Regarding claim 8, Hipp in view of Ambrogio and Brown teaches the system of claim 7. Hipp does not clearly indicate that said operational parameters comprise one or more of viscosity, temperature, volume, velocity, pressure build-up, nebulizing activity, air flow, air quality, air temperature and humidity. Instead, Hipp indicates that the display unit (23) displays essential parameters and magnitudes ([0110]; claim 13). Hipp also indicates the control system can trigger injection intervals and periods as a function of parameters including volumetric flow, temperature, and pressure ([0095]), and that the controller can control injection as a function of measurements from flow sensors, temperature sensors, or pressure sensors ([0094]). Accordingly, it is evident that the air flow, temperature, and pressure, are important parameters to consider when operating the system of Hipp. Therefore, it would be obvious to a person having ordinary skill in the art to configure the modified device of Hipp to send at least air flow and air temperature measurements from the controller to the external receiver (modified display unit 23) for the benefit of displaying relevant system operating parameters for monitoring by an operator (see Hipp at [0010], claim 13, and [0094]-[0095]).
Regarding claim 10, Hipp in view of Ambrogio and Brown teaches the system of claim 1. Hipp further teaches a housing (2) enclosing at least said pump and said controller (housing 2 with first compartment 3, and compressors/pumps 5 arranged in second compartment 6—Fig. 1, [0070], [0074]; control system accommodated in housing part of injection device 1—[0080]), and it would further be obvious to arrange the flow meter of the modified invention of Hipp within said housing for the benefit of achieving a compact and protected injection device (consider Hipp suggesting that other electronic components can be stored in the housing at [0018], [0106]-[0107], [0110], and Brown teaching a housing formed by a cover 19 and frame 16—[0023]—inside of which the flow meter 34 is positioned—see Fig. 2; also consider MPEP 2144.04(VI.)(C.) regarding the obviousness of the rearrangement of parts of the prior art).
Regarding claim 14, Hipp in view of Ambrogio and Brown teaches the system of claim 1. As modified with respect to claim 1, the system of Hip incorporates a preparation of a mix of micro-organisms taught by Ambrogio, wherein most embodiments of said preparations of Ambrogio include Bacteria (Ambrogio [0255] discusses dispersing aqueous compositions of nonpathogenic bacteria through an HVAC system, and Ambrogio at [0267] identifies a number of suitable nonpathogenic bacteria species; [0097]-[0098] [0155]-[0160] identify other suitable microorganisms). Also, certain embodiments of the preparations of Ambrogio include archaea ([0086] and [0098] identify certain ammonia oxidizing archaea useful for treating an environment) and Ambrogio further contemplates the inclusion of fungi within the preparations, which are Eukaryota (one or more other organisms, for example, organisms besides nonpathogenic bacteria may be included in the preparation of nonpathogenic bacteria...for example… an organism selected from the group consisting of bacteria, fungi, viruses, and bacteriophages may be administered—[0163]).
Regarding claim 33, the method claim is recognized as a generic method of forming/using the system of claim 1. Accordingly, see the rejection of claim 1 above regarding how ordinary use of the system of Hipp amounts to a method for injecting an injection medium into an indoor environment (abstract, [0093])), the method comprising: providing a container (4) containing an injection medium ([0070]-[0072]); having a nebulizer (air atomizing nozzle corresponding to injection nozzle 14 of injection head 11) spray an amount of said injection medium into a ventilation channel (15) of said indoor environment ([0090],[0091],[0084]); providing a pump (5) to transport said amount of said mix of micro-organisms to be nebulized from said container to said nebulizer ([0074]-[0075], [0078]-[0079], [0081], [0090]); providing a controller operatively connected to said pump, said controller controlling at least said pump ([0018],[0094]).
Hipp indicates that the injection medium can be any desired and/or beneficial substance (he injection medium may comprise a disinfectant, a fragrance and/or other agents, the addition of which to the volumetric flow is desirable—[0024]), but does not particularly suggest that the injection medium is a mix of [beneficial] microorganisms.
However, as substantially discussed with respect to claim 1 above, Ambrogio teaches configuring an HVAC system to administer nonpathogenic bacteria from a container to a conduit of the HVAC system connected to indoor environment, the nonpathogenic bacteria being delivered in the form of an aerosolized spray (see [0005], [0008]-[0009], [0015]-[0017], [0250], [0255], and [0259]); Ambrogio indicates that the administration of mixes (see [0056], [0058], [0078], [0080]-[0081], and [0085]) of nonpathogenic microorganisms to the environment serves to prevent, limit, or reduce the spread of pathogenic bacteria within the environment ([0249]; also see [0076], [0122], [0266]). Therefore, it would be obvious to a person having ordinary skill in the art to modify the method of Hipp by selecting an aqueous mixture of nonpathogenic microorganisms taught by Ambrogio as the injection medium; such selection provides the benefit of limiting or reducing the spread of pathogenic bacteria within the environment (Ambrogio at [0249]; also see [0076], [0122], [0266]).
Hipp and Ambrogio do not teach providing a flow meter to measure the flow of said amount of said mix of micro-organisms and that the controller is configured to control the pump as a function of said flow meter.
However, as substantially discussed with respect to claim 1 above, Brown teaches an arrangement of a reservoir (12—[0022]), pump (24—[0027]), nebulizer (22/32—[0034]), flow meter (34—[0036]), and controller (26—[0028]), which cooperate to deliver solution from the reservoir to the nebulizer where it is dispersed as an atomized solution into an enclosed environment ([0027], [0034]). Brown further teaches that the flow meter (34) monitors the flow rate of the solution from the reservoir to the nozzle, and that the controller controls the pump based on measurements from the flow meter (flow meter 34 monitors the flow rate of the solution from reservoir 12 to the nozzle 32…when an entered dose amount has been reached the controller 26 is programmed to deactivate the pump 24—[0036]). Therefore, it would be obvious to a person having ordinary skill in the art to modify the system of Hipp to include a flow sensor arranged between the pump and nebulizer and to reconfigure the controller of Hipp to control the pump as a function of flow meter measurements, in accordance with the arrangement taught by Brown ([0022],[0027],[0028],[0034],[0036]), for the benefit of automatically delivering a desired dosage of the solution over a period of time (Brown: The flow meter 34 is in signal communication with the controller 26 and transmits signals to the controller 26 indicative of the amount of solution having been delivered to the nozzle(s) 32. When an entered dose amount has been reached the controller 26 is programmed to deactivate the pumps 24—[0036]).
Regarding claim 39, Hipp in view of Ambrogio and Brown teaches the method of claim 33. See the rejection of claim 7 above regarding the obviousness of modifying the invention of Hipp in view of Brown such that said controller comprises a network interface, said controller being configured to provide operational parameters to an external receiver via said network interface (see rejection of claim 7 above).
Regarding claim 40, Hipp in view of Ambrogio and Brown teaches the method of claim 39. See the rejection of claim 8 above regarding the obviousness of modifying the invention of Hipp in view of Brown such that said operational parameters comprise one or more of air flow and air temperature (see rejection of claim 8 above).
Regarding claim 42, Hipp in view of Ambrogio and Brown teaches the method of claim 33. Hipp further teaches a housing (2) enclosing at least said pump and said controller (housing 2 with first compartment 3, and compressors/pumps 5 arranged in second compartment 6—Fig. 1, [0070], [0074]; control system accommodated in housing part of injection device 1—[0080]), and it would further be obvious to arrange the flow meter of the modified invention of Hipp within said housing for the benefit of achieving a compact and protected injection device (consider Hipp suggesting that other electronic components can be stored in the housing at [0018], [0106]-[0107], [0110], and Brown teaching a housing formed by a cover 19 and frame 16—[0023]—inside of which the flow meter 34 is positioned—see Fig. 2; also consider MPEP 2144.04(VI.)(C.) regarding the obviousness of the rearrangement of parts of the prior art).
Regarding claim 46, Hipp in view of Ambrogio and Brown teaches the method of claim 33. As modified with respect to claim 33 above, the modified method of Hip incorporates a preparation of a mix of micro-organisms taught by Ambrogio. As discussed with respect to claim 14 above, most embodiments of said the preparations taught by Ambrogio include Bacteria (see [0255] and [0267]; also consider [0097]-[0098] and [0155]-[0160]), certain embodiments of Ambrogio include archaea ([0086] and [0098]) and Ambrogio further contemplates the inclusion of fungi, which are Eukaryota ([0163]).
Claims 2 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Hipp (US 2010/0326117 A1) in view of Ambrogio et al. (US 2020/0297782 A1) and Brown (US 2015/0246151 A1), as applied to claims 1 and 33 above, and further in view of Bethuy et al. (US 2016/0368753 A1).
Regarding claim 2, Hipp in view of Ambrogio and Brown teaches the system of claim 1. Hipp and further teaches removable connections between the container and the rest of the system (The connection between the interchangeable containers 4 and the compressors/[pump] 5 and between further, preferably hose-like, connections between further components of the injection device 1 involves plug-in couplings and/or rapid-action couplings, insofar as is possible and applicable—[0076]; also see [0017]), such connections constituting a releasable coupler attaching the container to circuitry of said system.
Hipp also indicates the container (4) can be formed from various materials (The interchangeable containers 4 may be at least partially produced from stainless steel, synthetic material, metal, rubber, glass or plastic—[0073]), and Ambrogio suggests forming a container which holds a mix of microorganisms for delivery to an HVAC system in a cartridge (the formulation can be provided as a cartridge to be installed in the auxiliary system—[0259]). Nonetheless, the combination of Hipp, Ambrogio, and Brown does not teach that said container is formed as a bag.
However, in the analogous art of dispensing systems which store components to be dispensed within reservoirs, Bethuy teaches a beverage dispensing system (170) including an ingredient supply system (400) ([0097]), the ingredient supply system comprising ingredient reservoirs (402), ingredient pumps (404), dosing devices (406), and a controller (172) ([0129]). The pumps (404) of Bethuy operate to draw a dosed amount of ingredient from a reservoir (402) ([0137]-[0139]). Bethuy further indicates that the ingredient reservoir may be bag-in-box packages ([0130]), which can advantageously be paired with a pump which removes all product from the bag-in-box package so that no product is wasted ([0138]). Therefore, it would be obvious to a person having ordinary skill in the art to configure the container of Hipp as a bag as part of a bag-in-box package, as seen in Bethuy, for the benefit of reducing the waste of the injected product (Bethuy at [0138] indicates that a pump can fully remove all product from a bag-in-box package so no product is wasted). Retaining the releasable couplings between the container and system circuitry advantageously facilitates easy replacement of the container (Hipp teaches rapid-action couplings— [0076],[0118]-[0119]—and that the containers are interchangeable and replaceably accommodated in the housing—[0072])
Regarding claim 34, Hipp in view of Hipp in view of Ambrogio and Brown teaches the method of claim 33. As discussed with respect to claim 2 above Hipp teaches that the container is attached to circuitry leading to said pump by means of a releasable coupler (rapid-action couplings— [0076],[0118]-[0119]— containers are interchangeable and replaceably accommodated in the housing—[0072]), but the combination of Hipp, Ambrogio, and Brown do not particularly suggest that the container is formed as a bag. However, Bethuy teaches the system discussed with respect to claim 2 above, and indicates that a pump coupled to a bag-in-box package can remove all product from the bag-in-box package so that no product is wasted (see rejection of claim 2 above and Bethuy at [0138]). Therefore, it would be obvious to a person having ordinary skill in the art to configure the container of Hipp as a bag as part of a bag-in-box package, as seen in Bethuy, for the benefit of reducing the waste of the injected product (see Bethuy at [0138]).
Claims 11 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Hipp (US 2010/0326117 A1) in view of Ambrogio et al. (US 2020/0297782 A1) and Brown (US 2015/0246151 A1), as applied to claims 1 and 33 above, and further in view of Akisada et al. (US 2009/0321544 A1).
Regarding claim 11, Hipp in view of Ambrogio and Brown teaches the system of claim 1. Hipp further teaches that said nebulizer comprises a nozzle configured to inject into an air flow inside said ventilation channel, wherein said ventilation channel comprises a substantially horizontal air duct, and wherein said nozzle is arranged at or near a bottom wall of said substantially horizontal duct (see Fig. 3 showing injection head 11 positioned extending from the bottom wall of a horizontal duct 15; injection head 11 has injector nozzle—[0084]; injector nozzle injects injection medium into volumetric flow of line system 15—[0090]—and line system 15 is a ventilation and air conditioning system—[0089]; air atomizing nozzles—[0091]). Hipp also suggests positioning the injector nozzle in an optimum injection position ([0085]).
Nonetheless, Hipp, Ambrogio, and Brown do not particularly suggest that the nozzle is configured to inject at an angle between 30* and 60° relative to a main direction of air flow inside said ventilation channel.
However, in the analogous art of systems for delivering an atomized substance into an air duct (abstract), Akisada teaches an atomizing apparatus (1) which discharges a mist from a mist introducing pipe (18) into an air duct (20) ([0024]), wherein the pipe outlet is arranged obliquely with respect to the air duct (Fig. 9, [0035]). The oblique orientation of the pipe with respect to the duct directs mist from the atomizing apparatus toward an outlet port (22) of the duct (20 ) (Fig. 9, [0035]). Therefore, it would be obvious to a person having ordinary skill in the art to further modify the system of Hipp such that the nozzle is positioned at an injection angle relative to the flow direction of the ventilation channel, as seen in Akisada (see Fig. 9), for the benefit of directing the atomized injection medium toward an outlet of the ventilation channel (also consider MPEP 2144.04(VI.)(C.) regarding the obviousness of the rearrangement of parts). Furthermore, it would be obvious to arrive at an angle between the nozzle injection direction and air flow direction within the claimed range of between 30° and 60° by way of routine optimization of the nozzle positioning, the optimization intended to yield the benefit of improved flow of the atomized fluid out of the ventilation channel and into an indoor environment (see MPE 2144.05(II.)(A.) regarding the obviousness of optimizing prior art conditions through routine experimentation; also consider the suggestion of Hipp to find an optimum injection position at [0085], and Akisada indicating at [0035] that the obliquely arranged atomizer pipet outlet should direct the ejected mist toward a vent port of the ventilation channel).
Regarding claim 43, Hipp in view of Ambrogio and Brown teaches the method of claim 33. Hipp further teaches that said nebulizer comprises a nozzle configured to inject into an air flow inside said ventilation channel, wherein said ventilation channel comprises a substantially horizontal air duct, and wherein said nozzle is arranged at or near a bottom wall of said substantially horizontal duct (see Fig. 3 showing injection head 11 positioned extending from the bottom wall of a horizontal duct 15; injection head 11 has injector nozzle—[0084]; injector nozzle injects injection medium into volumetric flow of line system 15—[0090]—and line system 15 is a ventilation and air conditioning system—[0089]; air atomizing nozzles—[0091]). Hipp also suggests positioning the injector nozzle in an optimum injection position ([0085]).
Hipp, Ambrogio, and Brown do not particularly suggest that the nozzle is configured to inject at an angle between 30° and 60° relative to a main direction of air flow inside said ventilation channel.
However, for the same reasons as discussed with respect to claim 11 above, it would be obvious to a person having ordinary skill in the art to further modify the invention of Hipp such that the nozzle is configured to inject at an angle between 30° and 60° relative to a main direction of air flow inside said ventilation channel for the same reasons as discussed with respect to claim 11 above (see rejection of claim 11 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Alkoby et al. (US 2023/0248874 A1) teaches an air treatment system including an aerosol source configured to release a conditioning liquid in aerosol form to purified air, the conditioning liquid including nonpathogenic microorganisms (abstract) such as Bacillus coagulans, Bacillus lentus, Bacillus lichenijormis, or Bacillus pumilus, which settle on surfaces after being dispersed into the room and serve to suppress the growth of pathogenic or harmful microorganisms by competition (the non-pathogenic bacteria grow and consume nutritional resources present on the surface, thus preventing growth of other micro-organisms, such as bacteria or mold, that may be harmful to humans—[0042]). The aerosol release device (aerosol source 202) comprises a liquid reservoir (203) and a dispensing tube that carries conditioning liquid from the reservoir to an aerosolization mechanism (207) ([0047]). However, the earliest priority date of Alkoby is Jun 09, 2020, associated with provisional application No. 63/036,684, and said provisional application does not disclose the use of microorganisms; therefore, Alkoby does not appear to be eligible prior art
Li (CN 205655419 U) teaches a system for controlling an air environment (intelligent air ecosystem—[0008]) including a premixed release unit ([0010], [0037]) comprising an air conditioner, water tank, negative ion generator, odor modulator, and a biological tank ([0016], [0044], [0076],[0093]). The biological tank is used to store and release microorganisms that are beneficial to the human body ([0020], [0048], [0097]), the release of the microorganisms being controlled by a microcomputer controller ([0021]-[0022], [0049]-[0050], [0081]-[0082], [0084], [0098]-[0099]). The biological tank includes a microbial storage chamber and a nozzle for releasing microorganisms from the microbial storage chamber ([0023], [0054], [0083]). The microorganisms are a mixture of lactic acid bacteria, bifidobacteria, lactobacillus acidophilus, and yeast ([0060]-[0064]).
Samson (US 2016/0194186 A1) teaches a bag-in-box package for a dispensing device (tapping device—title, abstract) and indicates that the bag-in-box package advantageously prevents air form flowing back into the bag, prolonging the shelf life of the package by preventing oxygen from contacting the material retained in the bag ([0002]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY C PILSBURY whose telephone number is (571)272-8054. The examiner can normally be reached M-Th 7:30a-5:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MARCHESCHI can be reached at (571) 272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADY C PILSBURY/ Examiner, Art Unit 1799
/JENNIFER WECKER/Primary Examiner, Art Unit 1797