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
In light of the amendment received 30 December 2025, the rejection under §112(a) and §112(b) have been withdrawn and a new grounds of prior art rejection has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-4 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.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Sias et al. (US 2003/0035754; hereinafter “Sias”).
In regard to claim 1, Sias discloses an antimicrobial method comprising delivering a gas (from mist generator 42 which can create “mist or vapor;” see [0032]-[0033]) comprising hydrogen peroxide ([0027]) and having an antimicrobial effect toward a target space (enclosure 56; see Figure 7 and [0040]); delivering ions (through the use of activators 46a,46b; see [0009] which describes that hydroxyl ions are the “active species” of the hydrogen peroxide) toward the target space; and discharging the gas from the target space (“[p]articles and/or gas filters may be provided where appropriate […] to remove the residual cleaning mist and its reaction products” which necessitates that the gas is discharged from the target space; see [0035]), wherein a start time of the delivering of the ions is included in a period from a start time of a first instance of the delivering of the gas to a time before a start time of a second instance of the delivering of the gas (“cleaning mist is immediately activated by the activator 46” which necessitates that the start time of the first instance of the gas and ions are the same; see [0035]), an end time of the delivering of the ions is after an end time of the first instance of the delivering of the gas (“kept in the activated state of re-activated as necessary by an activator 46b that is remote from the mist generator” such that the cleaning fluid is kept in “an activated state for an extended period of time to achieve a prolonged effective state” which necessitates that ions are kept active longer than gas is delivered; [0035]), and a start time of the discharging of the gas is after the start time of the delivering of the ions and is before the end time of the delivering of the ions (gas is necessarily discharged after the start time of discharging the gas and the filters being taught to “remove the residual cleaning mist and its reaction products” implies that the reaction products of the activated ions are still being created as the gas is being discharged; see [0035]). See Figures 4 and 7 and paragraphs [0027], [0032], [0034]-[0035] and [0039]-[0041].
Sias does not explicitly disclose wherein the gas is delivered for a second time. However, it is held that Sias necessarily or inherently discloses a second instance of the delivering of the gas as the system is taught to be useable in a vehicle or rooms of a structure as an integrated apparatus. See [0040]. Thus, one of ordinary skill would recognize that the treatment from the integrated apparatus could be readministered at any time when it is desired to decontaminate the interior of the vehicle or room. If it is viewed that Sias does not necessarily or inherently disclose a second instance of the delivering of the gas, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have delivered the gas from the integrated apparatus a second time for the purpose of decontaminating the interior space again after a period of time has passed and/or the space had become contaminated.
In regard to claim 2, Sias discloses wherein during the delivering of the gas a worker is not present in the target space as Sias discloses that it is optional that people are present during treatment with the gas (“[w]hen people are present in an area being decontaminated” which teaches that occupancy is optional; see [0040]).
In regard to claim 3, Sias discloses that work by the worker can be performed in the target space during the delivering of the ions as it is disclosed that “people may wish to wear a mask or other filter to avoid inhaling the mist.” See [0040]. Thus, Sias teaches that a worker can optionally be present after the delivery of the gas and during the use of the activators 46a,46b. If it is held that Sias does not anticipate the limitation of claim 3, it is held that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a person, such as an operator of the vehicle, present in the target space after the end of the delivering of the gas and during the delivering of the ions if the person did not desire to inhale a large concentration of vaporized hydrogen peroxide by waiting for the vapor to be partially or completely discharged or reacted and without the creation of any new or unexpected results.
In regard to claim 4, Sias discloses wherein the start time of the delivering of the ions is before the end time of the first instance of the delivering of the gas (“cleaning mist is immediately activated by the activator 46” which necessitates that the start time of the first instance of the gas and ions are the same and, thus, before the end time of the first instance of the delivering of the gas; see [0035]).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY C CLEVELAND whose telephone number is (571)270-5041. The examiner can normally be reached M-F 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY C CLEVELAND/Primary Examiner, Art Unit 1774