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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/29/2026 has been entered.
Response to Amendment
This is an office action in response to Applicant's arguments and remarks filed on 7/29/2026. Claims 1, 3-7, 9-19, and 20 are pending in the application. Claims 13-18 and 20 have been withdrawn and claims 1, 3-7 and 9-12 are being examined herein.
Status of Objections and Rejections
The rejection of claim 8 is obviated by Applicant's cancellation.
All rejections from the previous office action are withdrawn in view of Applicant's amendment.
New grounds of rejection under 35 U.S.C. 103 are necessitated by the amendments.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4-7, 9-10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Childress et al. (US 20160220716 A1) (cited in Applicant’s IDS dated 06/05/2023) in view of Burnell-Jones (hereinafter "Burnell") (US 20030085383 A1) (cited in Applicant’s IDS dated 06/05/2023) and Thiagarajan (US 20160287758 A1).
Regarding claim 1, Childress teaches a vehicle lavatory monument assembly and disinfection system [0007] comprising:
an enclosure that includes a plurality of walls that cooperate to define a lavatory interior, wherein a door is positioned on one of the plurality of walls (Figs 2 and 3, depict the lavatory with 4 walls, and a door on one of the walls ([0009], [0035-0036]); and
a first component positioned in the lavatory interior ([0033], reflective material 124 may be a reflective coating 125 applied to plurality of surfaces 128 inside lavatory [0036] = surfaces understood to be components), wherein the first component includes a first coating on an outer surface thereof [0033].
Childress does not teach wherein the first component includes a first visual indication coating on an outer surface thereof, wherein the first visual indication coating includes an antimicrobial additive and at least a first excitation additive, wherein the first excitation additive is bound to the antimicrobial additive, and wherein the first fluorescing additive is configured to illuminate when irradiated by a first light that includes light waves within a predetermined wavelength range.
One having ordinary skill in the art would be concerned with alerting users to the presence of harmful UV light during laboratory sterilization, motivating one towards Burnell.
Burnell teaches a phosphorescent resin which may be used to coat an article (para [0032]), wherein the coating is a visual indication coating (coating has luminescent properties, [0035]), wherein the first visual indication coating includes at least a first excitation additive and wherein the first excitation additive is configured to illuminate when irradiated by a first light that includes light waves within a predetermined wavelength range [0033]. Burnell also teaches wherein the excitation additive can include fluorescent materials [0143] and pigments such as a ZnS:Cu (Zinc Sulfide:copper) [0172].
Burnell is considered analogous to the claimed invention since both are drawn to the photochromatic coating arts. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the coating as taught by Childress to include the coating as taught by Burnell since Burnell teaches the coating to be used within a vehicle for emergency illumination [0054] and such coating would prevent users from entering an area being sterilized by UV light as a visual indication of sterilization would be provided and this involves the combination of elements (the assembly of Childress and the coating of Burnell) to yield a predictable result (a visual indication of the presence of UV light within the enclosure) with a reasonable expectation of success. See MPEP 2143(I)(A).
Modified Childress teaches the vehicle lavatory monument assembly wherein the first visual indication coating includes an antimicrobial additive, wherein the first excitation additive is bound to the antimicrobial additive (Burnell, “the following descriptions are examples of materials that may be utilized to practice the present invention [0145] ... LUMILUX(R) Green N-PM 50090 long afterglow ZnS:Cu (Zinc Sulfide:copper) pigment [0172] = understood to be one of the fluorescent additives in the coating; copper is well known in the art to have antimicrobial properties as exemplified by Thiagarajan in para [0047], zinc sulfide is bound to the copper as indicated by the formula ZnS:Cu).
Regarding claim 4, Modified Childress teaches the vehicle lavatory monument assembly of claim 1, wherein the first visual indication coating includes a second excitation additive, and wherein the second excitation additive is a first phosphorescing additive (Burnell, [0033]).
Regarding claim 5, Modified Childress teaches the vehicle lavatory monument assembly of claim 1, wherein the first excitation additive comprises a phosphorescing additive (Burnell, [0033]).
Regarding claim 6, Modified Childress teaches the vehicle lavatory monument assembly of claim 5, wherein the phosphorescing additive is present in the first visual indication coating in a predetermined pattern (Burnell, [0054], teaches an application of the coating to be used for signage which is understood to be a predetermined pattern of words and symbols).
Regarding claim 7, Modified Childress teaches the vehicle lavatory monument assembly of claim 6, wherein the predetermined pattern is a word (Burnell, [0054], teaches an application of the coating to be used for signage which is understood to be a predetermined pattern of words and symbols).
Regarding claim 9, Modified Childress teaches the vehicle lavatory monument assembly of claim 6, wherein the predetermined pattern (Burnell, [0054], coating can be used for signage which is understood to be a predetermined pattern of words and symbols) also includes a first fluorescing additive (Burnell, [0033]). Modified Childress does not teach wherein the predetermined pattern defines a predetermined pattern portion of the first visual indication coating.
However, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to rearrange the fluorescing coatings and predetermined patterns as taught by Modified Childress so that the predetermined pattern defines a predetermined pattern portion of the first visual indication coating, so that the signage and symbols have a greater visual contrasts and better inform a user that the coating is current being exposed to UV light and this involves the rearrangement of parts which has already been found to be obvious. See MPEP 2144.04 (VI)(C).
Regarding claim 10, Childress teaches a vehicle lavatory monument assembly and disinfection system [0007] comprising:
an enclosure that includes a plurality of walls that cooperate to define a lavatory interior, wherein a door is positioned on one of the plurality of walls (Figs 2 and 3, depict the lavatory with 4 walls, and a door on one of the walls ([0009], [0035-0036]), and
a first component positioned in the lavatory interior ([0033], reflective material 124 may be a reflective coating 125 applied to plurality of surfaces 128 inside lavatory [0036] = surfaces understood to be components), wherein the first component includes a first coating on an outer surface thereof [0033].
Childress does not teach wherein the first component includes a first visual indication coating on an outer surface thereof, wherein the first visual indication coating includes at least an antimicrobial additive, a first fluorescing additive bound to the antimicrobial additive, and a first phosphorescing additive, wherein the first fluorescing additive and the first phosphorescing additive are configured to illuminate when irradiated by a first light that includes light waves within a predetermined wavelength range, wherein the first phosphorescing additive is present in the first visual indication coating in a predetermined pattern.
One having ordinary skill in the art would be concerned with alerting users to the presence of harmful UV light during lavatory sterilization, motivating one towards Burnell.
Burnell teaches a phosphorescent resin which may be used to coat an article (para [0032]), wherein the coating is a visual indication coating (coating has luminescent properties, [0035]), wherein the first visual indication coating includes at least a first excitation additive and wherein the first excitation additive is configured to illuminate when irradiated by a first light that includes light waves within a predetermined wavelength range [0033]. Burnell also teaches wherein the excitation additive can include fluorescent and phosphorescent materials ([0033] [0143]) and pigments such as a ZnS:Cu (Zinc Sulfide:copper) [0172].
Burnell is considered analogous to the claimed invention since both are drawn to the photochromatic coating arts. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the coating as taught by Childress to include the coating as taught by Burnell since Burnell teaches the coating to be used within a vehicle for emergency illumination [0054] and such coating would indicate that an area is currently being exposed/has been exposed to UV light and signal to users if it is appropriate to enter said area and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A).
Accordingly, Modified Childress teaches a first fluorescing additive (Burnell, [0143]) and a first phosphorescing additive (Burnell, [0033]), wherein the first fluorescing additive and the first phosphorescing additive are configured to illuminate when irradiated by a first light that includes light waves within a predetermined wavelength range (Burnell, [0033], [0143]), wherein the first phosphorescing additive is present in the first visual indication coating in a predetermined pattern (Burnell, [0054], teaches an application of the coating to be used for signage which is understood to be a predetermined pattern of words and symbols), and wherein the first fluorescing additive includes and is bound to an antimicrobial additive (Burnell, “the following descriptions are examples of materials that may be utilized to practice the present invention [0145] ... LUMILUX(R) Green N-PM 50090 long afterglow ZnS:Cu (Zinc Sulfide:copper) pigment [0172] = understood to be one of the fluorescent additives in the coating; copper is well known in the art to have antimicrobial properties as exemplified by Thiagarajan in para [0047], zinc sulfide is bound to the copper as indicated by the formula ZnS:Cu).
Regarding claim 12, Modified Childress teaches the vehicle lavatory monument assembly of claim 10, wherein the predetermined pattern (Burnell, [0054], coating can be used for signage which is understood to be a predetermined pattern of words and symbols) also includes a first fluorescing additive (Burnell, [0033]). Modified Childress does not teach wherein the predetermined pattern defines a predetermined pattern portion of the first visual indication coating.
However, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to rearrange the fluorescing coatings and predetermined patterns as taught by Modified Childress so that the predetermined pattern defines a predetermined pattern portion of the first visual indication coating, so that the signage and symbols have a greater visual contrast and better inform a user that the coating is current being exposed to UV light and this involves the rearrangement of parts which has already been found to be obvious. See MPEP 2144.04 (VI)(C).
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Childress et al. (US 20160220716 A1) in view of Burnell (US 20030085383 A1) and Thiagarajan (US 20160287758 A1), further in view of Walck et al. (US 20060066508 A1) (cited in Applicant’s IDS dated 06/05/2023).
Regarding claim 3, Modified Childress teaches the vehicle lavatory monument assembly of claim 1, wherein the first fluorescing additive is configured to emit a first color (Burnell, [0143] and wherein pigments can be added to emit a variety of colors ([0086, [0176]), but does not teach wherein the first visual indication coating includes a second fluorescing additive, and wherein the second fluorescing additive is configured to emit a second color. One having ordinary skill in the art would be concerned with a user visually identifying what wavelength of UV radiation is being used to sterilize the lavatory, motivating one to turn towards Walck.
Walck teaches a display system, comprising a fluorescent material (understood to be a coating) having an absorption band carried on a support, wherein the support is a laminated article having a first ply [0040], having a first major surface (48) and a second major surface (50) with the fluorescent material (11) deposited on one of the major surfaces [0049]. Walck teaches wherein multiple fluorescent materials may be applied to the substrate by any conventional coating method to emit different colors when exposed to different wavelengths [0067].
Walck is considered analogous to the claimed invention since both are drawn to the photochromatic coating arts. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the first visual indication coating as taught by Modified Childress with the a second fluorescing additive as taught by Walck to provide a visual indication of what wavelength of UV light is being used to sterilize the laboratory (and prevent a user from entering the when visually seeing an indication that a more harmful wavelength of UV light is present) and since Walck teaches the selective use of fluorescent coatings configured to emit different colors when exposed to different wavelengths [0067] and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A).
Regarding claim 11, Modified Childress teaches the vehicle lavatory monument assembly of claim 10 wherein the first fluorescing additive is configured to emit a first color (Burnell, [0143] and wherein pigments can be added to emit a variety of colors ([0086, [0176]), but does not teach wherein the first visual indication coating includes a second fluorescing additive, and wherein the second fluorescing additive is configured to emit a second color. One having ordinary skill in the art would be concerned with a user visually identifying what wavelength of UV radiation is being used to sterilize the lavatory, motivating one to turn towards Walck.
Walck teaches a display system, comprising a fluorescent material (understood to be a coating) having an absorption band carried on a support, wherein the support is a laminated article having a first ply [0040], having a first major surface (48) and a second major surface (50) with the fluorescent material (11) deposited on one of the major surfaces [0049]. Walck teaches wherein multiple fluorescent materials may be applied to the substrate by any conventional coating method to emit different colors when exposed to different wavelengths [0067].
Walck is considered analogous to the claimed invention since both are drawn to the photochromatic coating arts. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the first visual indication coating as taught by Modified Childress with the a second fluorescing additive as taught by Walck to provide a visual indication of what wavelength of UV light is being used to sterilize the laboratory (and prevent a user from entering the when visually seeing an indication that a more harmful wavelength of UV light is present) and since Walck teaches the selective use of fluorescent coatings configured to emit different colors when exposed to different wavelengths [0067] and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A).
Response to Arguments
In the arguments presented on pages 8-9 of the amendment, filed 7/29/2026, the Applicant argues that the cited references do not teach wherein the first visual indication coating includes an antimicrobial additive and at least a first excitation additive…wherein the first excitation additive is bound to the antimicrobial additive with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103.
This argument has been fully considered and is unpersuasive. The Examiner respectfully asserts that Modified Childress teaches wherein the visual indication coating includes an antimicrobial additive and wherein the first excitation additive is bound to the antimicrobial additive (Burnell, “the following descriptions are examples of materials that may be utilized to practice the present invention [0145] ... LUMILUX(R) Green N-PM 50090 long afterglow ZnS:Cu (Zinc Sulfide:copper) pigment [0172] = understood to be one of the fluorescent additives in the coating; copper is well known in the art to have antimicrobial properties as exemplified by Thiagarajan in para [0047], zinc sulfide is bound to the copper as indicated by the formula ZnS:Cu).
However, the rejection has been withdrawn in light of the amendments and a new ground(s) of rejection is made in view of the prior art Childress, Burnell, and Thiagarajan. See rejection above.
In the arguments presented on page 9 of the amendment, filed 7/29/2026, the Applicant argues that one having ordinary skill in the art would not be motivated to modify Childress to include an antimicrobial additive bound to a first fluorescing additive as doing so would not alert users to the presence of harmful UV light during lavatory sterilization with respect to the rejection(s) of claim(s) 1 and 10 under 35 U.S.C. 103.
This argument has been fully considered and is unpersuasive. The Examiner respectfully asserts that prior to the effective filing date of the claimed invention, one having ordinary skill in the art would be motivated to modify Childress to include the coating as taught by Burnell, which includes a ZnS:Cu pigment ([0172] = understood to be one of the fluorescent additives in the coating; copper is well known in the art to have antimicrobial properties as exemplified by Thiagarajan in para [0047], zinc sulfide is bound to the copper as indicated by the formula ZnS:Cu), because Burnell teaches the coating to be used within a vehicle for emergency illumination [0054] which would prevent users from entering an area being sterilized by UV light as a visual indication of sterilization would be provided. This involves the combination of elements (the assembly of Childress and the coating of Burnell) to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A) and rejection above.
However, the rejection has been withdrawn in light of the amendments and a new ground(s) of rejection is made in view of the prior art Childress, Burnell, and Thiagarajan. See rejection above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20180369440 A1 teaches a cleanliness indication system comprising a photoluminescent indicator configured to be exposed to UV light and emit light to indicate that an area is clean.
US 20070231194 A1 teaches a system for sterilization comprising a phosphorescent sterilization indicator to indicate when one or more target objects were last sterilized by ultraviolet light.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nebyate Seged whose telephone number is (703)756-4611. The examiner can normally be reached M-F 8-5:00 pm (EST).
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/N.S.S./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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