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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 10/28/2025 is acknowledged.
Claims 1-2, 4-7, 9-10, 12-13 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/28/2025.
Claim Objections
Claims 19, 23-24, 26, 28, 31-32 and 36 are objected to because of the following informalities:
in line 1 of Claims 19, 23-24, 26, 28, 31-32 and 36, insert --automated optical detection-- before “system”;
in line 3 of Claim 26, insert --automated optical detection-- before “system”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “optical assembly”, “sanitary condition detection assembly” and “disinfecting system” in claim 18; “rotation mechanism” in claim 26.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. In particular, “optical assembly” is being interpreted to cover the corresponding structure described in [0024] and [0032]-[0035] of the specification; “sanitary condition detection assembly” in [0036]-[0044] of the specification; “disinfecting system” in [0046]-[0049] of the specification.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “communication module” in claim 23.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 26 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, there is no written description support for corresponding structure(s) for a “rotation mechanism” within the Specification.
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 26 and 31 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.
In Claim 26, it is not clear what is/are corresponding structure(s) for “a rotation mechanism”.
In Claim 31, it is not clear what the limitation “substantially hole” is attempting to set forth. It is not clear whether the limitation is attempting to indicate that the at least one button is open or hollow, or that the outer surface of the at least one button is substantially circular or in the shape of a ring (or substantially of a ring).
Allowable Subject Matter
Claims 18-19, 23-24, 28, 32 and 36 are allowed.
The following is an examiner’s statement of reasons for allowance: the primary reason for allowance of the claims is due to inclusion of limitations “optical assembly” and “sanitary condition detection assembly” and “disinfecting system” that are interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph and interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof (see paragraph 7 on p. 5 above) in combination with at least one button disposed at least partially in a button-receiving cavity of a button housing comprised of an inner side for automated detection of a sanitary condition and disinfection of the at least one button. While prior art such as Bosua (20210369905) discloses an automated optical system for detection of a sanitary condition of a room/ enclosure (see entire document, particularly Figures 1-9, 16 and 20-21, p. 1 [0002], [0004] and [0006]-[0007], p. 14 [0123]-[0129]), the system comprising: a switch (84) (see Figure 21); an optical assembly (34 - i.e. UV camera, pathogen sensor) to capture at least one optical signal of at least one of physical and electrical features of the interior/enclosure (i.e. 214 and 216 - see entire document, particularly Figure 20, p. 3 [0044] – last 2 lines, p. 5 [0063] – lines 9-10, p. 14 [0123]-[0125] and [0127] – last 8 lines); a sanitary condition detection assembly (30; 34 - i.e. controller or digital home assistant, smart phone, tablet computer, server, cloud server) to detect a predetermined sanitary condition of the interior/enclosure from information derived from said at least one captured optical signal of said at least one of physical and electrical features of the interior/enclosure (i.e. 218 - see entire document, particularly Figure 20, p. 3 [0044] – 2nd – 4th lines from the bottom, p. 6 [0064] – particularly last 4 lines, p. 14 [0126] – last 8 lines); and a disinfecting system (10; 50 - i.e. light bulb) for disinfecting the interior/enclosure (i.e. 224 - see entire document, particularly Figures 1-9 and 18-20, p. 2 [0034], p. 14 [0129]) and while the room/location in which the system of Bosua (‘905) operates is capable of possessing at least one buttons disposed at least partially in a button-receiving cavity of a button housing comprised of an inner side, Bosua (‘905) does not specifically teach that the automated optical system itself comprises at least one button disposed at least partially in a button-receiving cavity of a button housing comprised of an inner side or that the optical assembly, the sanitary condition detection assembly and the disinfecting system are specifically directed to observing, detecting, determining condition(s) of at least one button of the automated optical detection system via at least one optical signal and to disinfect the at least one button based on such observation, detection and determination. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an automated optical detection system for detection of a sanitary condition of a button comprised of components in the configuration as set forth in the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references relate either to the field of the invention or subject matter of the invention, but are not relied upon in the rejection of record: CN107850592 (describes optical assembly and sanitary condition detection means for detection of biological contaminants), 20210259552 (describes optical assembly and sanitary condition detection means for detection of biological contaminants), 20140335469 (an automated optical detection system for detection of a sanitary condition of and disinfection of a dental braces/retainer assembly), CN204990543 (an automated sterilization system for a keypad), 20200384144 (an automated optical detection system for detection of a sanitary condition of and purification/disinfection of an environment/enclosure), 20140234009 (an automated optical detection system for detection of a sanitary condition of a hand).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINA M YOO whose telephone number is (571)272-6690. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/REGINA M YOO/ Primary Examiner, Art Unit 1758