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 .
Claim Rejections - 35 USC § 112
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.
Claim 13 is 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.
Claim 13 recites the limitation "the wireless transceiver" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends. The recitation in claim 10 “wherein a hydroxyl concentration of the hydroxyl ions is at a level that reduces or eliminates one or more pathogens upon exposure to the hydroxyl ions” merely relate an intended use which does not impart any particular structural limitation to the apparatus defined in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 10, 14-18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Turner et al. (WO 2022/061225).
The applied reference has a common joint inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claims 1 and 10, the reference Turner et al. discloses an apparatus comprising:
a hydroxyl ion generator configured to emit hydroxyl ions into a surrounding area (see paras. [040]; [0136]; [0140]; [0155]; Figs. 1 and 5-7),
an atomizer system (80) configured to generate water droplets from water retained in a cavity (70, 360), wherein an atomizer is positioned in the cavity and configured to be submerged by the water in the cavity, wherein the atomizer generates the water droplets (see paras. [050]; [0136]; Figs. 1 and 5), and
a fan (40; 410) positioned adjacent the atomizer system (80), wherein the fan is configured to direct the water droplets from the atomizer system (80) into the hydroxyl ion generator (see paras. [0136]; [0140]; [0155]; Figs. 1 and 5-7).
Regarding claim 2, the reference Turner et al. discloses that the apparatus further comprises a portal (10) comprising at least one opening (130), wherein the hydroxyl ions are transmitted through the at least one opening (130) to emit the hydroxyl ions into an area (190) formed by the portal (see para. [0140]; Fig. 5).
Regarding claim 3, the reference Turner et al. discloses the apparatus, wherein the hydroxyl ion generator comprises: a perforated mesh (50) coated with titanium dioxide and configured to collect the water droplets, and a UV light generator (60) that directs a spectrum of light from about 320 nm to about 385 nm onto the perforated mesh (see paras. [040]; [0136]; Figs. 1 and 5).
Regarding claim 4, the reference Turner et al. discloses the apparatus, wherein the water source is at least one of a continuous water source and a container (see para. [0136]; Fig. 1).
Regarding claim 14, the reference Turner et al. discloses the apparatus, wherein the atomizer system provides at least 60% humidity to the hydroxyl ion generator (see paras. [043]; [091]).
Regarding claim 15, the reference Turner et al. discloses the apparatus, wherein the atomizer system further comprises a water inlet (110) configured to couple to a water source to dispense water into the cavity (70) (see para. [0136]; Fig. 1).
Regarding claim 16, the reference Turner et al. discloses that the apparatus further comprises a sensor configured to detect an amount of water in the cavity, wherein a flow of water into the cavity is controlled based on the amount of water detected in the cavity (see paras. [050]; [0136]).
Regarding claim 17, the reference Turner et al. discloses the apparatus, wherein the atomizer system further comprises: an air intake (120;300) configured to direct air into the cavity (70; 360), and an air outlet (130; 320) configured to direct air containing the water droplets out of the cavity (see paras. [0140]; [0155]; Figs. 1-7).
Regarding claim 18, the reference Turner et al. discloses the apparatus, wherein the air outlet (130; 320) is positioned adjacent the fan (40; 410), wherein the fan is configured to direct the air containing the water droplets into the hydroxyl ion generator (see paras. [0140]; [0155]; Figs. 1-7).
Regarding claim 20, the reference Turner et al. discloses the apparatus, wherein the apparatus is installed in at least one of a floor, a wall, and a ceiling (see paras. [056]; [0154]).
Claims 1-15 and 17-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jenkins et al. (US 2023/0248866).
The applied reference has a common applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claims 1 and 10, the reference Jenkins et al. discloses an apparatus comprising:
a hydroxyl ion generator (3-6) configured to emit hydroxyl ions into a surrounding area (see paras. [0046]-[0047]; Fig. 1),
an atomizer system (7, 350) configured to generate water droplets from water retained in a cavity (8), wherein an atomizer is positioned in the cavity and configured to be submerged by the water in the cavity, wherein the atomizer generates the water droplets (see paras. [0044]-[0045]; Figs. 1 and 13), and
a fan (10) positioned adjacent the atomizer system, wherein the fan is configured to direct the water droplets from the atomizer system into the hydroxyl ion generator (see para. [0048]; Fig. 1).
Regarding claim 2, the reference Jenkins et al. discloses that the apparatus further comprises a portal (20) comprising at least one opening (34), wherein the hydroxyl ions are transmitted through the at least one opening to emit the hydroxyl ions into an area formed by the portal (see paras. [0043]; [0048]; Fig. 1).
Regarding claim 3, the reference Jenkins et al. discloses the apparatus, wherein the hydroxyl ion generator comprises: a perforated mesh coated with titanium dioxide and configured to collect the water droplets (see para. [0046]; Fig. 1), and a UV light generator (3, 6) that directs a spectrum of light from about 320 nm to about 385 nm onto the perforated mesh (see para. [0047]; Fig. 1).
Regarding claim 4, the reference Jenkins et al. discloses the apparatus, wherein the water source is a container (8) (see para. [0041]; Fig. 1).
Regarding claim 5, the reference Jenkins et al. discloses that the apparatus further comprises a control system (100) having: a humidity sensor (110) to monitor a humidity discharged by the apparatus, a temperature sensor (120) to monitor a temperature of the hydroxyl ions, and a flow sensor (130) to monitor a flow rate of the hydroxyl ions (see para. [0052]; Fig. 7).
Regarding claim 6, the reference Jenkins et al. discloses the apparatus, wherein the control system (100) adjusts the atomizer based on at least one of the humidity as measured by the humidity sensor, the temperature as measured by the temperature sensor, and the flow rate as measured by the flow sensor (see para. [0055]).
Regarding claim 7, the reference Jenkins et al. discloses the apparatus, wherein the control system (100) adjusts the hydroxyl ion generator based on at least one of the humidity as measured by the humidity sensor, the temperature as measured by the temperature sensor, and the flow rate as measured by the flow sensor (see paras. [0055]-[0057]).
Regarding claim 8, the reference Jenkins et al. discloses that the apparatus
further comprises a UV light generator (3, 6) that directs a spectrum of light from about 320 nm to about 385 nm onto the water droplets (see para. [0047]), wherein the control system adjusts the atomizer based on at least one of the temperature as measured by the temperature sensor, and the flow rate as measured by the flow sensor (see para. [0056]).
Regarding claim 9, the reference Jenkins et al. discloses that the apparatus further comprises at least one of: an ozone sensor (150), wherein the apparatus is inactivated if a predetermined level of ozone is detected in an area around the apparatus (see para. [0058]; Fig. 7), a carbon dioxide sensor (160), wherein the apparatus is inactivated if a predetermined level of carbon dioxide is detected in the area around the apparatus (see para. [0058]; Fig. 7), and a carbon monoxide sensor (170), wherein the apparatus is inactivated if a predetermined level of carbon monoxide is detected in the area around the apparatus (see para. [0058]; Fig. 7).
Regarding claim 11, the reference Jenkins et al. discloses that the apparatus further comprises a plurality of apparatuses including a master apparatus and at least one slave apparatus that is controlled by the master apparatus (see para. [0062]; Fig. 8).
Regarding claim 12, the reference Jenkins et al. discloses that the apparatus, wherein each of the master apparatus and the at least one slave apparatus include a wireless transceiver, wherein the master apparatus and the at least one slave apparatus communicate through the wireless transceiver (see para. [0054]).
Regarding claim 13, the reference Jenkins et al. discloses that the apparatus, wherein the master apparatus and the at least one slave apparatus are remotely controllable by a remote device through the wireless transceiver (see para. [0054]).
Regarding claim 14, the reference Jenkins et al. discloses that the apparatus, wherein the atomizer system provides at least 60% humidity to the hydroxyl ion generator (see para. [0057]).
Regarding claim 15, the reference Jenkins et al. discloses that the apparatus, wherein the atomizer system further comprises a water inlet (44) configured to couple to a water source to dispense water into the cavity (see para. [0041]; Fig. 1).
Regarding claim 17, the reference Jenkins et al. discloses that the apparatus, wherein the atomizer system further comprises: an air intake (34) configured to direct air into the cavity, and an air outlet (34) configured to direct air containing the water droplets out of the cavity (see para. [0048]; Figs. 1-6).
Regarding claim 19, the reference Jenkins et al. discloses that the apparatus, further comprising a portable cart (i.e., a portable cup holder), wherein the apparatus is positioned on the portable cart (see paras. [0009]; [0040]).
Claims 1, 2, 4, 10, 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hancock (US 2010/0247403).
Regarding claims 1 and 10, the reference Hancock discloses an apparatus comprising:
a hydroxyl ion generator configured to emit hydroxyl ions into a surrounding area (see para. [0199]; Figs. 21a-21b),
an atomizer system configured to generate water droplets from water retained in a cavity (192), wherein an atomizer (193) is positioned in the cavity and configured to be submerged by the water in the cavity, wherein the atomizer generates the water droplets (see para. [0200]; Figs. 21a-21b), and
a fan (194, 201) positioned adjacent the atomizer system, wherein the fan is configured to direct the water droplets from the atomizer system into the hydroxyl ion generator (see para. [0203]; Figs. 21a-21b).
Regarding claim 2, the reference Hancock discloses that the apparatus further comprises a portal (203) comprising at least one opening (195) (see para. [0203]; Figs. 21a-21b), wherein the hydroxyl ions are transmitted through the at least one opening (195) to emit the hydroxyl ions into an area formed by the portal (see para. [0203]; Figs. 21a-21b).
Regarding claim 4, the reference Hancock discloses the apparatus, wherein the water source is at least one of a continuous water source (480) and a container (192) (see para. [0200]; Figs. 21a-21b).
Regarding claim 14, as no structural distinction is seen between the instantly claimed apparatus and that of the apparatus of Hancock, the atomizer system of Hancock is considered capable of providing at least 60% humidity to the hydroxyl ion generator (see paras. [0016]; [0200]; Figs. 21a-21b).
Regarding claim 15, the reference Hancock discloses the apparatus, wherein the atomizer system further comprises a water inlet (480) configured to couple to a water source to dispense water into the cavity (192) (see para. [0200]; Figs. 21a-21b).
Regarding claim 16, the reference Hancock discloses that the apparatus further comprises a sensor configured to detect an amount of water in the cavity (192), wherein a flow of water into the cavity is controlled based on the amount of water detected in the cavity (see para. [0200]).
Regarding claim 17, the reference Hancock discloses the apparatus, wherein the atomizer system further comprises: an air intake (202) configured to direct air into the cavity (192), and an air outlet (195) configured to direct air containing the water droplets out of the cavity (see para. [0203]; Figs. 21a-21b).
Regarding claim 18, the reference Hancock discloses the apparatus, wherein the air outlet (195) is positioned adjacent the fan (194, 201), wherein the fan is configured to direct the air containing the water droplets into the hydroxyl ion generator (see para. [0203]; Figs. 21a-21b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lessanework T Seifu whose telephone number is (571)270-3153. The examiner can normally be reached M-T 9:00 am - 6:30 pm; F 9:00 am - 1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESSANEWORK SEIFU/ Primary Examiner, Art Unit 1774
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