DETAILED ACTION
Response to Amendment
1. The amendment filed 3/3/26 has been received and considered for examination. Claims 19-22, 31, 33-66, 38-42, and 44-48 remain pending.
Response to Arguments
2. Applicant’s arguments filed 3/3/26 have been considered but are moot in view of the new grounds of rejection necessitated by the amendments filed therewith.
Claim Rejections - 35 USC § 103
3. 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.
4. Claim(s) 19-22, 31, 33-36, 38-42, and 44-45 are rejected under 35 U.S.C. 103 as being unpatentable over Sakaki (US 2014/0205500 A1) in view of Aamodt et al. (KR-20140032933-A – English translation)
Regarding claim 19, Sakaki disclose a network of systems (see figure 1) for generating and monitoring an antimicrobial, comprising: a plurality of systems (one in each room) for generating and monitoring an antimicrobial, including: a microcontroller (primary controller); a sensing system (temperature-humidity sensors); wherein the microcontroller includes a communication device capable of communication between the plurality of systems, and wherein the communication device establishes distributed control of each system's microcontroller (see para [0011]-[0022], [0028]-[0047]).
However, Sakaki does not appear to disclose an antimicrobial concentration sensor. Aamodt et al. discloses a system (100) for spraying a disinfectant solution of peracetic acid into rooms of a building on order to sterilize the space. The system includes multiple sensors including a concentration sensor (S9, S10) that measures the concentration of the disinfectant sprayed into the room and provides feedback to the controller to ensure that sufficient concentrations are delivered during a sterilization cycle (see translation).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Sakaki and include an antimicrobial concentration sensor in the rooms in order to ensure that sufficient concentration of disinfectant is being sprayed into the rooms during sterilization as taught by Aamodt et al.
Regarding claim 21, this limitation is directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Sakaki and the apparatus of Sakaki is capable of being used with an antimicrobial agent that is chlorine dioxide. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Sakaki (see MPEP §2114).
NOTE: this is a recitation of intended use, and so long as the prior art structure reads on the instant claimed structure, this limitation would be met because the same structure would be capable of the same function; in this case, the invention of Sakaki is capable of being used to generate a spray of chlorine dioxide.
Regarding claim 22, Sakaki discloses that the primary controllers include communication means for communicating with a repeater (para [0038]-[0042] and permits adjusting individual systems to achieve a uniform disinfection or control operating times of each of the systems (see para [0043]-[0048]).
Regarding claims 33, Sakai discloses that the antimicrobial is an airborne dry fog having small droplets (see para [0029], [0033]-[0036]).
Regarding claims 20 and 31, the primary controllers disclosed by Sakaki are capable of being controlled by machine learning algorithms or artificial intelligence to alter system performance as the primary controllers are programmable.
Regarding claim 34-35 and 40-41, Sakaki disclose a network of systems (see figure 1) for generating and monitoring an antimicrobial, comprising: a plurality of systems (one in each room) for generating and monitoring an antimicrobial, including: a microcontroller (primary controller); a sensing system (temperature-humidity sensors); wherein the microcontroller includes a communication device capable of communication between the plurality of systems, and wherein the communication device establishes distributed control of each system's microcontroller (see para [0011]-[0022], [0028]-[0047]. The primary controllers disclosed by Sakaki are capable of being controlled by machine learning algorithms or artificial intelligence to alter system performance as the primary controllers are programmable.
However, Sakaki does not appear to disclose an antimicrobial concentration sensor. Aamodt et al. discloses a system (100) for spraying a disinfectant solution of peracetic acid into rooms of a building on order to sterilize the space. The system includes multiple sensors including a concentration sensor (S9, S10) that measures the concentration of the disinfectant sprayed into the room and provides feedback to the controller to ensure that sufficient concentrations are delivered during a sterilization cycle (see translation).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Sakaki and include an antimicrobial concentration sensor in the rooms in order to ensure that sufficient concentration of disinfectant is being sprayed into the rooms during sterilization as taught by Aamodt et al.
Regarding claims 36 and 42, this limitation is directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Sakaki and the apparatus of Sakaki is capable of being used with an antimicrobial agent that is chlorine dioxide. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Sakaki (see MPEP §2114).
NOTE: this is a recitation of intended use, and so long as the prior art structure reads on the instant claimed structure, this limitation would be met because the same structure would be capable of the same function; in this case, the invention of Sakaki is capable of being used to generate a spray of chlorine dioxide.
Regarding claim 38 and 43-44, Sakai discloses that the antimicrobial is an airborne dry fog having small droplets (see para [0029], [0033]-[0036]).
Regarding claims 39 and 45, Sakaki discloses that the primary controllers include communication means for communicating with a repeater (para [0038]-[0042]) and permits adjusting individual systems to achieve a uniform disinfection or control operating times of each of the systems (see para [0043]-[0048]).
5. Claim(s) 46-48 are rejected under 35 U.S.C. 103 as being unpatentable over Sakaki in view of Aamodt et al. as applied to claims 19, 34, and 40 above, and further in view of Stewart (US 2021/0308311 A1).
Sakaki in view of Aamodt et al. is set froth above with regards to independent claims 19, 34, and 40 and Sakai teaches that each system is confined to a volume under treatment (see figure 1). However, the combination does not appear to teach wherein each system includes two operating modes, the first operating mode being a prevention mode for application in the enclosed volume under treatment during occupation by a human, and the second operating mode being a decontamination mode for application in the enclosed volume under treatment while unoccupied by a human.
Stewart discloses a system for decontaminating a room that includes a control system having occupancy sensors (800) for determining if people are present in the room prior to activation of the disinfection devices (see para [0033]-[0034]). The sensors (800) provide information to a controller (600) that operates multiple modes including a prevention mode (where controller 600 does not execute any decontamination operations until after a predetermined period of time from which no motion is detected – see para [0034]) and a decontamination mode that treats the room when it is unoccupied (see figure 9).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the system of Sakaki and include occupancy sensors connected to the control system in order to have two operating modes (prevention mode and decontamination mode as claimed) in order to safely disinfect the rooms when people are not present as taught Stewart.
Conclusion
6. 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 SEAN E CONLEY whose telephone number is (571)272-8414. The examiner can normally be reached on M-F, 8:30am-4pm.
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/SEAN E CONLEY/Primary Examiner, Art Unit 1799 Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN E CONLEY whose telephone number is (571)272-8414. The examiner can normally be reached M-F, 8:30am-4pm.
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Sean Conley
Search and Classification Examiner TF14
Art Unit 1759