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 .
Election/Restrictions
Applicant’s election without traverse of claims 11-17 in the reply filed on 12/12/25 is acknowledged.
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15 should recite “the .
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 11-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farb (WO 2021/195017).
Regarding claim 11, Farb (WO 2021/195017) discloses –
A system for disinfecting epithelium of a living organism (abstract, a living human tissue is treated), the system comprising:
a device having a surface configured for being placed in proximity to the epithelium of the living organism (Fig. 3, tubing 307 administers an iodine formulation, p. 6 par. 8); and
a container in contact with the device, the container containing sterilized iodine and being pressurized to a positive pressure (Fig. 3 reserve container 305 and vaporization container 306, p. 6 par. 8; the container contains heated and vaporized sterile iodine that is pressurized for administration),
the container being configured to release the sterilized iodine under the positive pressure to disinfect the surface of the device prior to or while the surface is placed in proximity to the epithelium of the living organism to disinfect the epithelium in proximity thereof (p. 11 par. 3 disclose a positive pressure being applied by a ventilator for administration of iodine treatment, the iodine vapor would reasonably also disinfect the surface of the device during an application step).
Regarding claims 12-17, the claimed invention is directed towards a device or apparatus, and the method of making the sterilized iodine that in a post-production state is intended to be used in conjunction with the device does not patentably distinguish the claimed apparatus from the prior art, because he patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113, I. All of the structural limitations of the system are disclosed and the system is well capable of producing iodine in the claimed manner, and therefore all the limitations of the claims are met.
Further regarding claim 12, Farb further teaches sterilized iodine is produced by: providing an iodine antiseptic solution to the container (p. 6 par. 8 discloses the reserve container containing the iodine); and during a sterilization cycle:
heating the iodine antiseptic solution in the container to a sterilization temperature sufficient to generate free elemental iodine in the container (the iodine is vaporized by heating resulting in free elemental iodine, p. 7 par. 2); and applying a positive pressure in the container to pressurize the free elemental iodine to produce the sterilized iodine within the container (p. 7 par. 2, the ventilator administers the vapor by applying pressure to pump the solution to a patient).
Regarding claim 13, Farb further teaches the sterilization temperature is between about 60°C to about 100°C (p. 10 last 3 pars. disclose heating to 65-80 degrees centigrade).
Regarding claim 14, Farb further teaches the sterilization temperature is between about 70°C to about 80°C (p. 10 last 3 pars. disclose heating to 65-80 degrees centigrade).
Regarding claim 15, Farb discloses all of the structural features of the systems as set forth above, and this manner in which the sterilized iodine is produced does not distinguish the claimed device from the prior art.
Regarding claim 16, Farb further teaches the sterilization time cycle is between about 3 minutes to about 24 hours (p. 7 last par. disclose the treatment takes place over the course of 10 minutes).
Regarding claim 17, Farb further teaches the sterilization time cycle is between about 10 minutes and about 30 minutes (p. 7 last par. disclose the treatment takes place over the course of 10 minutes).
Conclusion
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/BRENDAN A HENSEL/ Examiner, Art Unit 1758
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