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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/15/2026 has been entered.
Claim Status
Claims 1, 4-5, 7-8, 10-11, 14, 16, 18, and 20 have been amended. Claims 2-3 and 12-13 were canceled. Claims 1, 4-5, 7-11, 14, and 16-20 remain pending and are ready for examination.
Rejections not based on Prior Art
In view of Applicant’s amendments, the previous 35 U.S.C. § 101 rejection has been withdrawn.
Rejections based on Prior Art
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 8-11, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shioi et al. (US20200232992A1 -hereinafter Shioi) in view of Gupta et al. (US20210398230A1 -hereinafter Gupta) in view of Witt et al. (US20220074882A1 -hereinafter Witt).
Regarding Claim 1, Shioi teaches:
A pathogen detection system for a building, comprising: (see [0001]; Shioi: “a pathogen detection system that detects a pathogen such as a virus suspended in the air.”)
a pathogen detector positioned in the building (see [0004]; Shioi: “a pathogen detection system including pathogen detectors disposed in different locations, and a controller.”), the pathogen detector configured to receive pathogen data indicating whether presence of a pathogen has been detected; and (see [0064]; Shioi: “Each of the pathogen detectors 10 a to 10 p performs an operation for detecting the pathogen concentration at fixed time intervals, for example.”)
processing circuitry configured to: (see [0005]; Shioi: “It should be noted that general or specific embodiments may be implemented as a system, a method, an integrated circuit, a computer program, a computer-readable storage medium, or any selective combination thereof.”)
obtain sensor data from a sensor positioned at a first location; (see [0034]; Shioi: “The first pathogen detector transmits a first detection result obtained as a result of pathogen detection to the controller”. See [0065]; Shioi: “The pathogen detectors 10 i and 10 j are installed in a common room.”)
in response to obtaining the sensor data, analyze detection data from the pathogen detector positioned in a second location in the building; (see [0034]; Shioi: “the second pathogen detector transmits a second detection result obtained as a result of pathogen detection to the controller. In a case where the first detection result satisfies a predetermined condition, the controller causes the second pathogen detector to change a mode related to the pathogen detection from a first mode to a second mode.” See [0065]; Shioi: “the pathogen detectors 10 a to 10 e are respectively installed in private rooms.”)
and wherein the pathogen detector is configured to sense the presence of the pathogen within air… (see [0001]; Shioi: “a pathogen detection system that detects a pathogen such as a virus suspended in the air.”) and wherein the pathogen detector is positioned on a surface in the building; (see [0065]; Shioi: “The pathogen detectors 10 a to 10 p are installed in different locations inside the nursing home 50. For example, the pathogen detectors 10 a to 10 e are respectively installed in private rooms.”)
However, Shioi does not explicitly teach:
determine a responsive action associated with an area or zone of the building based on the sensor data and the detection data, the responsive action comprises at least one of (i) an adjustment to an air handling unit (AHU) a heating, ventilation, or air conditioning (HVAC) system, (ii) an activation of a disinfection system, or (iii) initiation of one or more filtration techniques;
perform the responsive action or initiate the responsive action within the area or zone; and
wherein the sensor provides data indicating the presence of the pathogen within sewage… wherein the sensor is positioned within a sewage line or sewage outlet,
wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community.
Gupta from the same or similar field of endeavor teaches:
determine a responsive action associated with an area or zone of the building based on the sensor data and the detection data (see [0004]; Gupta: “The controller is configured to determine a designated time to sanitize the space based at least in part upon information received from the one or more occupancy sensors.”), the responsive action comprises at least one of (i) an adjustment to an air handling unit (AHU) a heating, ventilation, or air conditioning (HVAC) system (see [0028]; Gupta: “The controller 38 may be configured to adjust operation of the HVAC system 30 in response to receiving from the air quality sensor 28 an indication of an air quality that is below a threshold value.”), (ii) an activation of a disinfection system (see [0022]; Gupta: “the sanitizer 22 may include one or more ultraviolet (UV) lamps that are disposed within each of the spaces 14.” See [0029]: “The sanitizer 34 may provide UV light such as UV-C light that disinfects surfaces that are exposed to the UV-C light for a sufficient period of time.” See [0029]: “The sanitizer 34 may provide UV light such as UV-C light that disinfects surfaces that are exposed to the UV-C light for a sufficient period of time.”), or (iii) initiation of one or more filtration techniques (see [0028]; Gupta: “The controller 38 may be further configured to activate the air purifier 32 in response to receiving from the air quality sensor 28 an indication of that air quality within the space 24 is below a threshold value.”);
perform the responsive action or initiate the responsive action within the area or zone; (see [0004]; Gupta: “The controller is configured… to automatically instruct the sanitizer to sanitize surfaces within the space at the designated time.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Shioi to include Gupta’s features of determining a responsive action associated with an area or zone of the building based on the sensor data and the detection data, the responsive action comprises at least one of (i) an adjustment to an air handling unit (AHU) a heating, ventilation, or air conditioning (HVAC) system, (ii) an activation of a disinfection system, or (iii) initiation of one or more filtration techniques; and performing the responsive action or initiate the responsive action within the area or zone. Doing so would reduce risk of pathogen exposure within a building. (Gupta, [0001])
However, it does not explicitly teach:
wherein the sensor provides data indicating the presence of the pathogen within sewage… wherein the sensor is positioned within a sewage line or sewage outlet,
wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community.
Witt from the same or similar field of endeavor teaches:
wherein the sensor provides data indicating the presence of the pathogen within sewage… (see [0069]; Witt: “In some embodiments, the sensor may be …used on inanimate objects (e.g., embedded in an air filter, wastewater line, etc.)”) wherein the sensor is positioned within a sewage line or sewage outlet, (see [0069]; Witt: “In some embodiments, the first location and/or the second location is associated with a heating and/or ventilation system, a surface (e.g., a contaminated surface), a breath-capture device (e.g., a breathalyzer), a sewer system, or a water supply system.”)
wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community. (see [0063]; Witt: “In some embodiments, sensors and associated systems or networks may be embedded in a water system (e.g., immersed in a water supply stream and/or in a wastewater stream) to detect the presence, concentration, and spread of targets (e.g. SARS-CoV-2) in water supply systems or wastewater systems associated with facilities, housing, or municipalities.” See [0066]: “Data extracted from sensor monitoring networks comprising one to thousands of sensors could be used by heath officials, environmental protection agents, homeland security agents, mass transit officials, and administrators to better react and respond to an outbreak, should an infected individual enter an area typically associated with large gatherings of people or areas which are highly-trafficked by large numbers of people, or should a target (e.g., SARS-CoV-2) be detected in a facility or system used by large numbers of people.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Shioi and Gupta to include Witt’s features of wherein the sensor provides data indicating the presence of the pathogen within sewage, wherein the sensor is positioned within a sewage line or sewage outlet, wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community. Doing so would offer a rapid, digital, highly selective, and highly sensitive alternative to conventional detection methods (e.g., PCR, plating, or similar methods). (Witt, [0007])
Regarding Claim 8, the combination of Shioi, Gupta, and Witt teaches all the limitations of claim 1 above, Shioi further teaches the processing circuitry is further configured to:
monitor additional detection data from the sensor and the pathogen detector, wherein monitoring the additional detection data comprises adjusting a frequency of sampling and analysis based on at least one of previous analyses, previously collected detection data, building occupancy, or pathogen community data; and (see [0042]; Shioi: “When the pathogen concentration detected by a first pathogen detector is the reference concentration or higher and there is great need to detect the pathogen concentration in a location other than where the first pathogen detector is installed, the pathogen detection system shortens the time interval of pathogen concentration detection by a second pathogen detector. In other words, when there is little need to detect the pathogen concentration, the pathogen detection system lowers the detection frequency of pathogen concentration detection by the second pathogen detector. Consequently, the pathogen detection system is capable of efficiently detecting the pathogen concentration inside a building.”)
wherein the pathogen detection system is configured to determine a severity or magnitude of the pathogen in the building and/or a locality of areas of the pathogen in the building using the pathogen data. (see [0067]; Shioi: “Each of the pathogen detectors 10 a to 10 p transmits a detection result to the control device 20 over the communication network 40. The detection results will be described later in detail. The control device 20 stores the acquired detection results, and in accordance with the stored detection results, causes the display device 30 to display an image based on the pathogen concentrations in the air surrounding the pathogen detectors 10 a to 10 p installed inside the nursing home 50. FIG. 3 is a diagram illustrating an example of an image displayed on the display device 30. In FIG. 3, a “high influenza infection risk” means a “high pathogen concentration”, a “medium influenza infection risk” means a “medium pathogen concentration”, and a “low influenza infection risk” means a “low pathogen concentration”.”)
Regarding Claim 9, the combination of Shioi, Gupta, and Witt teaches all the limitations of claim 1 above, Gupta further teaches wherein the responsive action comprises a control action and the processing circuitry comprises a control system configured to initiate one or more infection control sequences through operation of an infection control system of the building to perform the control action. (see [0028]; Gupta: “The controller 38 may be configured to adjust operation of the HVAC system 30 in response to receiving from the air quality sensor 28 an indication of an air quality that is below a threshold value. The controller 38 may be further configured to activate the air purifier 32 in response to receiving from the air quality sensor 28 an indication of that air quality within the space 24 is below a threshold value.”)
The same motivation to combine of Shioi and Gupta a set forth for Claim 1 equally applies to Claim 9.
Regarding Claim 10, the combination of Shioi, Gupta, and Witt teaches all the limitations of claim 9 above, Gupta further teaches wherein the one or more infection control sequences comprising at least one of an adjustment to a fresh air intake of the AHU of the HVAC system of the building (see [0028]; Gupta: “The controller 38 may be configured to adjust operation of the HVAC system 30 in response to receiving from the air quality sensor 28 an indication of an air quality that is below a threshold value.”), activation of one or more ultraviolet (UV) lights to disinfect return air from a zone of the building (see [0022]; Gupta: “the sanitizer 22 may include one or more ultraviolet (UV) lamps that are disposed within each of the spaces 14.” See [0029]: “The sanitizer 34 may provide UV light such as UV-C light that disinfects surfaces that are exposed to the UV-C light for a sufficient period of time.” See [0029]: “The sanitizer 34 may provide UV light such as UV-C light that disinfects surfaces that are exposed to the UV-C light for a sufficient period of time.”), or initiating the one or more filtration techniques to filter air in the building. (see [0028]; Gupta: “The controller 38 may be further configured to activate the air purifier 32 in response to receiving from the air quality sensor 28 an indication of that air quality within the space 24 is below a threshold value.”)
The same motivation to combine of Shioi and Gupta a set forth for Claim 1 equally applies to Claim 10.
Regarding Claim 11, Shioi teaches a pathogen detection system for a building, comprising:
a sensor configured to obtain a first sample, wherein the sensor is positioned at a first location; (see [0034]; Shioi: “The first pathogen detector transmits a first detection result obtained as a result of pathogen detection to the controller”)
a pathogen detector configured to obtain a second sample, wherein the sensor and the pathogen detector output pathogen data indicating whether presence of a pathogen has been detected; (see [0034]; Shioi: “the second pathogen detector transmits a second detection result obtained as a result of pathogen detection to the controller. In a case where the first detection result satisfies a predetermined condition, the controller causes the second pathogen detector to change a mode related to the pathogen detection from a first mode to a second mode.” See [0064]: “Each of the pathogen detectors 10 a to 10 p performs an operation for detecting the pathogen concentration at fixed time intervals, for example.”)
and wherein the pathogen detector is configured to sense the presence of the pathogen within air… (see [0001]; Shioi: “a pathogen detection system that detects a pathogen such as a virus suspended in the air.”) and wherein the pathogen detector is positioned on a surface in the building; (see [0065]; Shioi: “The pathogen detectors 10 a to 10 p are installed in different locations inside the nursing home 50. For example, the pathogen detectors 10 a to 10 e are respectively installed in private rooms.”)
However, Shioi does not explicitly teach:
a detection controller configured to (i) assess the pathogen data and determine a responsive action associated with an area or zone of the building based on the first sample and the second sample and (ii) perform the responsive action or initiate the responsive action within the area or zone, the responsive action comprises at least one of (i) an adjustment to an air handling unit (AHU) a heating, ventilation, or air conditioning (HVAC) system, (ii) an activation of a disinfection system, or (iii) initiation of one or more filtration techniques;
wherein the sensor provides data indicating the presence of the pathogen within sewage… wherein the sensor is positioned within a sewage line or sewage outlet,
wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community.
Gupta from the same or similar field of endeavor teaches:
a detection controller configured to (i) assess the pathogen data and determine a responsive action associated with an area or zone of the building based on the first sample and the second sample (see [0004]; Gupta: “The controller is configured to determine a designated time to sanitize the space based at least in part upon information received from the one or more occupancy sensors.”) and (ii) perform the responsive action or initiate the responsive action within the area or zone (see [0004]; Gupta: “The controller is configured… to automatically instruct the sanitizer to sanitize surfaces within the space at the designated time.), the responsive action comprises at least one of (i) an adjustment to an air handling unit (AHU) a heating, ventilation, or air conditioning (HVAC) system (see [0028]; Gupta: “The controller 38 may be configured to adjust operation of the HVAC system 30 in response to receiving from the air quality sensor 28 an indication of an air quality that is below a threshold value.”), (ii) an activation of a disinfection system (see [0022]; Gupta: “the sanitizer 22 may include one or more ultraviolet (UV) lamps that are disposed within each of the spaces 14.” See [0029]: “The sanitizer 34 may provide UV light such as UV-C light that disinfects surfaces that are exposed to the UV-C light for a sufficient period of time.” See [0029]: “The sanitizer 34 may provide UV light such as UV-C light that disinfects surfaces that are exposed to the UV-C light for a sufficient period of time.”), or (iii) initiation of one or more filtration techniques (see [0028]; Gupta: “The controller 38 may be further configured to activate the air purifier 32 in response to receiving from the air quality sensor 28 an indication of that air quality within the space 24 is below a threshold value.”);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Shioi to include Gupta’s features of a detection controller configured to (i) assess the pathogen data and determine a responsive action associated with an area or zone of the building based on the first sample and the second sample and (ii) perform the responsive action or initiate the responsive action within the area or zone, the responsive action comprises at least one of (i) an adjustment to an air handling unit (AHU) a heating, ventilation, or air conditioning (HVAC) system, (ii) an activation of a disinfection system, or (iii) initiation of one or more filtration techniques. Doing so would reduce risk of pathogen exposure within a building. (Gupta, [0001])
However, it does not explicitly teach:
wherein the sensor provides data indicating the presence of the pathogen within sewage… wherein the sensor is positioned within a sewage line or sewage outlet,
wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community.
Witt from the same or similar field of endeavor teaches:
wherein the sensor provides data indicating the presence of the pathogen within sewage… (see [0069]; Witt: “In some embodiments, the sensor may be …used on inanimate objects (e.g., embedded in an air filter, wastewater line, etc.)”) wherein the sensor is positioned within a sewage line or sewage outlet, (see [0069]; Witt: “In some embodiments, the first location and/or the second location is associated with a heating and/or ventilation system, a surface (e.g., a contaminated surface), a breath-capture device (e.g., a breathalyzer), a sewer system, or a water supply system.”)
wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community. (see [0063]; Witt: “In some embodiments, sensors and associated systems or networks may be embedded in a water system (e.g., immersed in a water supply stream and/or in a wastewater stream) to detect the presence, concentration, and spread of targets (e.g. SARS-CoV-2) in water supply systems or wastewater systems associated with facilities, housing, or municipalities.” See [0066]: “Data extracted from sensor monitoring networks comprising one to thousands of sensors could be used by heath officials, environmental protection agents, homeland security agents, mass transit officials, and administrators to better react and respond to an outbreak, should an infected individual enter an area typically associated with large gatherings of people or areas which are highly-trafficked by large numbers of people, or should a target (e.g., SARS-CoV-2) be detected in a facility or system used by large numbers of people.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Shioi and Gupta to include Witt’s features of wherein the sensor provides data indicating the presence of the pathogen within sewage, wherein the sensor is positioned within a sewage line or sewage outlet, wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community. Doing so would offer a rapid, digital, highly selective, and highly sensitive alternative to conventional detection methods (e.g., PCR, plating, or similar methods). (Witt, [0007])
Regarding Claim 18, the combination of Shioi, Gupta, and Witt teaches all the limitations of claim 11 above, Shioi further teaches wherein the detection controller is further configured to generate a message indicating at least one of a presence or absence of the pathogen in the first sample or the second sample (see [0052]; Shioi: “The pathogen detection system is capable of generating table information in accordance with the building layout information and the pathogen detector positions.” See [0079]: “FIG. 6 is a table illustrating an example of the detection results stored in the second storage unit 22. As illustrated in FIG. 6, each detection result from the pathogen detectors 10 a to 10 p includes a pathogen detector ID, a pathogen concentration, and a detection time indicating when the pathogen concentration was detected.”), and update a plurality of locations of the sensor or the pathogen detector based on the presence of the pathogen in the first sample or the second sample. (see [0053]; Shioi: “the transmission distance is updated in accordance with pathogen concentration detection results detected by the pathogen detectors.” See [0125]: “the correspondence relationships expressed by the table information may be updated in accordance with the detection results from the pathogen detectors 10 a to 10 p.”)
Regarding Claim 19, the combination of Shioi, Gupta, and Witt teaches all the limitations of claim 11 above, Gupta further teaches wherein the detection controller is further configured to perform the responsive action or initiate the responsive action within the area or zone. (see [0004]; Gupta: “The controller is configured… to automatically instruct the sanitizer to sanitize surfaces within the space at the designated time.)
The same motivation to combine Shioi and Gupta a set forth for Claim 11 equally applies to Claim 19.
Regarding Claim 20, Shioi teaches a method comprising:
obtaining, by a pathogen detection system, sensor data from a sensor positioned at a first location; (see [0034]; Shioi: “The first pathogen detector transmits a first detection result obtained as a result of pathogen detection to the controller”. See [0065]; Shioi: “The pathogen detectors 10 i and 10 j are installed in a common room.”)
in response to obtaining the sensor data, analyzing, by the pathogen detection system, detection data from a pathogen detector positioned at a second location in an area or zone in a building; (see [0034]; Shioi: “the second pathogen detector transmits a second detection result obtained as a result of pathogen detection to the controller. In a case where the first detection result satisfies a predetermined condition, the controller causes the second pathogen detector to change a mode related to the pathogen detection from a first mode to a second mode.” See [0065]; Shioi: “the pathogen detectors 10 a to 10 e are respectively installed in private rooms.”))
determining, by the pathogen detection system, a severity or magnitude of the pathogen detection based on the sensor data and the detection data; (see [0067]; Shioi: “Each of the pathogen detectors 10 a to 10 p transmits a detection result to the control device 20 over the communication network 40. The detection results will be described later in detail. The control device 20 stores the acquired detection results, and in accordance with the stored detection results, causes the display device 30 to display an image based on the pathogen concentrations in the air surrounding the pathogen detectors 10 a to 10 p installed inside the nursing home 50. FIG. 3 is a diagram illustrating an example of an image displayed on the display device 30. In FIG. 3, a “high influenza infection risk” means a “high pathogen concentration”, a “medium influenza infection risk” means a “medium pathogen concentration”, and a “low influenza infection risk” means a “low pathogen concentration”.”)
determining, by the pathogen detection system, a locality of pathogen detection in the area or zone based on at least one of (i) the sensor data corresponding with the first location or (ii) the detection data corresponding with the second location; (see [0082]; Shioi: “The display device 30 displays the pathogen concentrations detected by the pathogen detectors 10 a to 10 p under control by the second control unit 23. The display device 30 may also display an image based on the detected pathogen concentrations like the one illustrated in FIG. 3, for example.” See [0067]: “FIG. 3 is a diagram illustrating an example of an image displayed on the display device 30. In FIG. 3, a “high influenza infection risk” means a “high pathogen concentration”, a “medium influenza infection risk” means a “medium pathogen concentration”, and a “low influenza infection risk” means a “low pathogen concentration”.”)
and wherein the detection data identifies the presence of the pathogen within air… (see [0001]; Shioi: “a pathogen detection system that detects a pathogen such as a virus suspended in the air.”) and wherein the pathogen detector is positioned on a surface in the building; (see [0065]; Shioi: “The pathogen detectors 10 a to 10 p are installed in different locations inside the nursing home 50. For example, the pathogen detectors 10 a to 10 e are respectively installed in private rooms.”)
However, Shioi does not explicitly teach:
determining, by the pathogen detection system, a responsive action associated with an area or zone of the building based on at least one of the severity or magnitude of pathogen detection or the locality of pathogen detection;
performing, by the pathogen detection system, the responsive action or initiate the responsive action within the area or zone, the responsive action comprises at least one of (i) an adjustment to an air handling unit (AHU) a heating, ventilation, or air conditioning (HVAC) system, (ii) an activation of a disinfection system, or (iii) initiation of one or more filtration techniques;
perform the responsive action or initiate the responsive action within the area or zone; and
and wherein the sensor data indicates a presence of a pathogen within sewage… wherein the sensor is positioned within a sewage line or sewage outlet,
wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community.
Gupta from the same or similar field of endeavor teaches:
determining, by the pathogen detection system, a responsive action associated with an area or zone of the building based on at least one of the severity or magnitude of pathogen detection or the locality of pathogen detection, (see [0004]; Gupta: “The controller is configured to determine a designated time to sanitize the space based at least in part upon information received from the one or more occupancy sensors.” See [0024]: “The controller 20 may be configured to determine a designated time to sanitize the particular space 14 based at least in part upon information received from the sensors 16 (including but not limited to occupancy sensors). The controller 20 may be configured to automatically instruct the sanitizer 22 to sanitize surfaces within the particular space 14 at the designated time.” See [0049]: “The dashboard 100 includes a building health alert 102. As illustrated, the building health alert 102 indicates that there are currently 39 healthy zones, 1 active unhealthy zone and 8 active moderate zones. Active may refer to a zone that is currently being sanitized. An active unhealthy zone is one in which the sanitizing process just began, while an active moderate zone may be one in which the sanitizing process is not yet complete, but has been running for some time. The dashboard 100 also includes an pathogen risk index 104. The pathogen risk index 104, alternatively known as an infection risk index, may be calculated from a number of air quality parameters.”) the responsive action comprises at least one of (i) an adjustment to an air handling unit (AHU) a heating, ventilation, or air conditioning (HVAC) system (see [0028]; Gupta: “The controller 38 may be configured to adjust operation of the HVAC system 30 in response to receiving from the air quality sensor 28 an indication of an air quality that is below a threshold value.”), (ii) an activation of a disinfection system (see [0022]; Gupta: “the sanitizer 22 may include one or more ultraviolet (UV) lamps that are disposed within each of the spaces 14.” See [0029]: “The sanitizer 34 may provide UV light such as UV-C light that disinfects surfaces that are exposed to the UV-C light for a sufficient period of time.” See [0029]: “The sanitizer 34 may provide UV light such as UV-C light that disinfects surfaces that are exposed to the UV-C light for a sufficient period of time.”), or (iii) initiation of one or more filtration techniques (see [0028]; Gupta: “The controller 38 may be further configured to activate the air purifier 32 in response to receiving from the air quality sensor 28 an indication of that air quality within the space 24 is below a threshold value.”);
performing, by the pathogen detection system, the responsive action or initiate the responsive action within the area or zone; (see [0004]; Gupta: “The controller is configured… to automatically instruct the sanitizer to sanitize surfaces within the space at the designated time.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Shioi to include Gupta’s features of determining, by the pathogen detection system, a responsive action associated with an area or zone of the building based on at least one of the severity or magnitude of pathogen detection or the locality of pathogen detection; and performing, by the pathogen detection system, the responsive action or initiate the responsive action within the area or zone. Doing so would reduce risk of pathogen exposure within a building. (Gupta, [0001])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Shioi to include Gupta’s features of determining a responsive action associated with an area or zone of the building based on the sensor data and the detection data, the responsive action comprises at least one of (i) an adjustment to an air handling unit (AHU) a heating, ventilation, or air conditioning (HVAC) system, (ii) an activation of a disinfection system, or (iii) initiation of one or more filtration techniques; and performing the responsive action or initiate the responsive action within the area or zone. Doing so would reduce risk of pathogen exposure within a building. (Gupta, [0001])
However, it does not explicitly teach:
and wherein the sensor data indicates a presence of a pathogen within sewage… wherein the sensor is positioned within a sewage line or sewage outlet,
wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community.
Witt from the same or similar field of endeavor teaches:
and wherein the sensor data indicates a presence of a pathogen within sewage… (see [0069]; Witt: “In some embodiments, the sensor may be …used on inanimate objects (e.g., embedded in an air filter, wastewater line, etc.)”) wherein the sensor is positioned within a sewage line or sewage outlet, (see [0069]; Witt: “In some embodiments, the first location and/or the second location is associated with a heating and/or ventilation system, a surface (e.g., a contaminated surface), a breath-capture device (e.g., a breathalyzer), a sewer system, or a water supply system.”)
wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community. (see [0063]; Witt: “In some embodiments, sensors and associated systems or networks may be embedded in a water system (e.g., immersed in a water supply stream and/or in a wastewater stream) to detect the presence, concentration, and spread of targets (e.g. SARS-CoV-2) in water supply systems or wastewater systems associated with facilities, housing, or municipalities.” See [0066]: “Data extracted from sensor monitoring networks comprising one to thousands of sensors could be used by heath officials, environmental protection agents, homeland security agents, mass transit officials, and administrators to better react and respond to an outbreak, should an infected individual enter an area typically associated with large gatherings of people or areas which are highly-trafficked by large numbers of people, or should a target (e.g., SARS-CoV-2) be detected in a facility or system used by large numbers of people.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Shioi and Gupta to include Witt’s features of the sensor data indicates a presence of a pathogen within sewage, wherein the sensor is positioned within a sewage line or sewage outlet, wherein the sensor data received from the sensor corresponds to data from a public sewer system or wastewater treatment facility representing at least one pathogen level in a surrounding community. Doing so would offer a rapid, digital, highly selective, and highly sensitive alternative to conventional detection methods (e.g., PCR, plating, or similar methods). (Witt, [0007])
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shioi in view of Guptain in view of Witt in view of ElDelgawy (US20230039967A1 -hereinafter ElDelgawy).
Regarding Claim 4, the combination of Shioi, Gupta, and Witt teaches all the limitations of claim 1 above; however, it does not explicitly teach wherein a second pathogen detector is a mobile sensor configured to sense the presence of the pathogen on a surface or within air, and wherein the processing circuitry is further configured to: request additional detection data from the sensor, the pathogen detector, or the second pathogen detector based on receiving a positive detection.
ElDelgawy from the same or similar field of endeavor teaches wherein a second pathogen detector is a mobile sensor configured to sense the presence of the pathogen on a surface or within air, and wherein the processing circuitry is further configured to: (see [0028]; ElDelgawy: “Sensors 110 can measure physical, electrical, optical, and chemical characteristics of particles in air. For example, some of the sensors 110 may be conductivity sensors that measure conductivity of airborne particles, some of the sensors 110 may be chemical sensors that measure reactivity of airborne particles to particular chemicals, some of the sensors 110 may be optical sensors that measure transparency of airborne particles to particular chemicals, and some of the sensors 110 may be sensors that measure physical size of airborne particles, etc.”) request additional detection data from the sensor, the pathogen detector, or the second pathogen detector based on receiving a positive detection. (see [0042]; ElDelgawy: “In some implementations, the pathogen evaluation module 124 may determine that sensor data 112 indicates that an unknown pathogen has been detected and, in response, determine that an alert should be generated asking a user to identify the unknown pathogen. Additionally or alternatively, the pathogen evaluation module 124 may request that the sensor data collection module 122 collect additional sensor data regarding the unknown pathogen to better train the neural network to identify the pathogen.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Shioi, Gupta, and Witt to include ElDelgawy’s features of a second pathogen detector is a mobile sensor configured to sense the presence of the pathogen on a surface or within air, and wherein the processing circuitry is further configured to: request additional detection data from the sensor, the pathogen detector, or the second pathogen detector based on receiving a positive detection. Doing so would help curtail the spread of certain diseases, especially the ones that affect the respiratory system. (ElDelgawy, [0005])
Regarding Claim 14, the limitations in this claim is taught by the combination of Shioi, Gupta, Witt, and ElDelgawy as discussed connection with claim 4.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shioi in view of Gupta in view of Witt in view of ElDelgawy in view of Tabib-Azar (US20220412974A1 -hereinafter Tabib-Azar).
Regarding Claim 5, the combination of Shioi, Gupta, Witt, and Axelsson teaches all the limitations of claim 4 above; however, it does not explicitly teach further comprising: request additional detection data from the mobile sensor based on receiving the detection data from the pathogen detector; and determine a pattern or trend in both the additional detection data and the second detection data, wherein the pattern or trend is associated with at least one of sensing the presence of the pathogen, a concentration of the pathogen, or a spread of the pathogen within the building.
ElDelgawy from the same or similar field of endeavor teaches: request additional detection data from the mobile sensor based on receiving the detection data from the pathogen detector; and (see [0042]; ElDelgawy: “In some implementations, the pathogen evaluation module 124 may determine that sensor data 112 indicates that an unknown pathogen has been detected and, in response, determine that an alert should be generated asking a user to identify the unknown pathogen. Additionally or alternatively, the pathogen evaluation module 124 may request that the sensor data collection module 122 collect additional sensor data regarding the unknown pathogen to better train the neural network to identify the pathogen.”)
The same motivation to combine of Shioi, Gupta, Witt, and ElDelgawy a set forth for Claim 4 equally applies to Claim 5.
However, it does not explicitly teach: determine a pattern or trend in both the additional detection data and the detection data, wherein the pattern or trend is associated with at least one of sensing the presence of the pathogen, a concentration of the pathogen, or a spread of the pathogen within the building.
Tabib-Azar from the same or similar field of endeavor teaches determine a pattern or trend in both the additional detection data and the detection data (see [0029]; Tabib-Azar: “a separate portion of the sensors can include a plurality of such sensors which allow gathering of additional information aside from direct presence of virus.” (see [0038]: “the diagnosis and prognosis module 110 can evaluate the sensor output of the individual sensors 112/114 a-n in the sensor array 118 and identify patterns in the sensor data 108 that correlate to stages of infection of a virus. For example, various patterns of virus detection data, antibody detection data, and vital sign data (e.g., body temperature, heart rate, blood oxygen level, etc.) in the sensor data 108 can correlate to stages of a viral infection.”), wherein the pattern or trend is associated with at least one of sensing the presence of the pathogen, a concentration of the pathogen, or a spread of the pathogen within the building. (see [0038]; Tabib-Azar: “The diagnosis and prognosis module 110 can analyze the sensor data 108 for these patterns and output an estimated prognosis that correlates to an identified pattern.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Shioi, Gupta, Witt, and ElDelgawy to include Tabib-Azar’s features of determine a pattern or trend in both the additional detection data and the detection data, wherein the pattern or trend is associated with at least one of sensing the presence of the pathogen, a concentration of the pathogen, or a spread of the pathogen within the building. Doing so would provide rapid and accurate test results which are easy to interpret and can minimize the risk of infectious exposure to healthcare personnel. (Tabib-Azar, [0027])
Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shioi in view of Gupta in view of Witt in view of Baarman et al. (US20230001034A1 -hereinafter Baarman).
Regarding Claim 7, the combination of Shioi, Gupta, and Witt teaches all the limitations of claim 1 above, Witt further teaches: …the sensor data impacted by overall sewage conditions within the building, (see [0063]; Witt: “In some embodiments, sensors and associated systems or networks may be embedded in a water system (e.g., immersed in a water supply stream and/or in a wastewater stream) to detect the presence, concentration, and spread of targets (e.g. SARS-CoV-2) in water supply systems or wastewater systems associated with facilities, housing, or municipalities.” )
The same motivation to combine Shioi, Gupta, and Witt a set forth for Claim 1 equally applies to Claim 7.
However, it does not explicitly teach wherein the processing circuitry is further configured to prioritize the responsive action based on the difference in pathogen detection between the sensor data impacted by overall …conditions within the building and the detection data impacted by localized air quality within the area or zone.
Baarman from the same or similar field of endeavor teaches wherein the processing circuitry is further configured to prioritize the responsive action based on the difference in pathogen detection between the sensor data impacted by overall …conditions within the building and the detection data impacted by localized air quality within the area or zone. (see [0054]; Baarman: “In general, commands directed from the global response protocol override lower priority pathogen reduction protocols. Accordingly, even if the particular surface treatment or air treatment device would normally not initiate a cleaning cycle, because the global response protocol overrides the current protocol, the devices will begin their pathogen reduction.” See [0119]: “the overall system treatment level can be adjusted or set based on the pressure differentials between the different pressure level sensors and their locations within the building. In some circumstances, if the pressure levels indicate an unusually high airflow, the system can be set to a maximum treatment level., whereas if the pressure levels indicate an unusually low airflow, the system can be set to a minimum treatment level.” See [0123]: “That is, by monitoring pressure with sensors, directly or indirectly, the dynamic control system can obtain information about airflow traffic around the building, e.g., on a room-by-room basis, and trigger local and global responses based on that information.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Shioi, Gupta, and Witt to include Baarman’s features of prioritizing the responsive action based on the difference in pathogen detection between the sensor data impacted by overall conditions within the building and the detection data impacted by localized air quality within the area or zone. Doing so would dynamically treat an environment with UV energy to reduce pathogens within the environment. (Baarman, [0005])
Regarding Claim 16, the limitations in this claim is taught by the combination of Shioi, Gupta, Witt, and Baarman as discussed connection with claim 7.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shioi in view of Gupta in view of Witt in view of Manautou et al. (US11726439B1 -hereinafter Manautou).
Regarding Claim 17, the combination of Shioi, Gupta, and Witt teaches all the limitations of claim 11 above; however, it does not explicitly teach further comprising: a transceiver configured to transmit a message to an external system; and the external system configured to take one or more additional actions to detect or limit a spread of the pathogen in the building responsive to receiving the message from the transceiver.
Manautou from the same or similar field of endeavor teaches a transceiver configured to transmit a message to an external system; and (see column 3, lines 61-64; Manautou: “the particle monitor system may transmit an alert message to a client device (e.g., smartphone) of the grower, that advises the grower to adjust the lights of the lighting system.” See column 18, lines 41-44: “An alert may include, for example, a message transmitted to the client device and recommended action (e.g., “Alert: likelihood of a disease outbreak is high, recommend application of fungicide.”).”)
the external system configured to take one or more additional actions to detect or limit a spread of the pathogen in the building responsive to receiving the message from the transceiver. (see column 3, lines 56-64; Manautou: “There can be a combination of manual and autonomous adjustments. For example, an indoor farm may include some control systems (e.g., lighting system) that are connected to the particle monitor system and other control systems (e.g., irrigation system) that are not connected to the particle monitor system. Settings for control systems that are connected to the particle monitor system may be modified autonomously. Settings for control systems that are not connected to the particle monitor system may be modified manually.” See column 4, lines 11-14: “In a specific embodiment, the dynamic feedback loop facilitates operation of a fast feedback loop system in which disease mitigating actions can be rapidly performed on a continuous basis to prevent an outbreak of a disease.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Shioi,Gupta, and Witt to include Manautou’s features of a transceiver configured to transmit a message to an external system; and the external system configured to take one or more additional actions to detect or limit a spread of the pathogen in the building responsive to receiving the message from the transceiver. Doing so would help manage, reduce, or eliminate damage from pathogenic molds or bacteria. (Manautou, column 1, lines 47-48)
Response to Arguments
Applicant’s arguments with respect to the claim rejection(s) of the independent claim(s) have been fully considered and are persuasive because of the amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Samadpour (US10724068B2) discloses detecting pathogens or other microbes in a food, water, wastewater, industrial, pharmaceutical, botanical, environmental samples and other types of samples are provided.
Li (US20220202637A1) discloses helping the medical isolation building system expand rapidly in case of respiratory infectious disease outbreak and can carry out space mobility with the transfer of the epidemic situation.
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/V.N.T./Examiner, Art Unit 2117
/ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117
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