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 1-7 in the reply filed on 6/15/2026 is acknowledged. Claims 8-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 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.
(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 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alvarez (US 20200164988 A1).
Regarding claim 5, Alvarez teaches A safety lockout system for an HVAC system (NOTE: the HVAC system is not positively recited and thus Alvarez would read on this limitation if it is capable of being used with an HVAC system; since Alvarez is directed towards aircraft cabins, it would be capable of being used with the HVAC systems in the aircraft cabins; par. 1: Embodiments of the present disclosure generally relate to occupancy detection systems and methods for enclosed spaces, such as lavatories, which may be used within interior cabins of commercial aircraft), the safety lockout system comprising:
a control panel (abstract: An occupancy detection control unit);
a lockout switch associated with the control panel; and
a door switch configured to trip when a door is opened, the door switch being electrically coupled to the control panel, and
wherein the safety lockout system is configured to cut power to a UV light within the HVAC system when either the lockout switch is activated or the door switch is tripped (par. 83: In at least one embodiment, the control device 936 deactivates the UV light source 910 to prevent (or delay) a future activation cycle or to terminate a current activation cycle (i.e., to override a decision, based on a trigger-sensor signal, to activate the UV light source 910) in response to receiving a presence sensor signal indicating presence of an individual within an enclosed space or a door sensor signal indicating that the door 110 is open; par. 86: In one example, the trigger sensor(s) 940 (for example, the door sensor 116) detects when the door 110 opens or a person enters a vicinity of the light control system 900, and the control device 936 responsively causes the light control system 900 to deactivate as a security or safety feature; NOTE: the lockout switch is read upon by whatever feature in Alvarez that deactivates the UV lights).
Regarding claim 6, Alvarez teaches the system of claim 5, as set forth above, and teaches wherein the lockout switch is configured to activate when the door switch is triggered (par. 83: In at least one embodiment, the control device 936 deactivates the UV light source 910 to prevent (or delay) a future activation cycle or to terminate a current activation cycle (i.e., to override a decision, based on a trigger-sensor signal, to activate the UV light source 910) in response to receiving a presence sensor signal indicating presence of an individual within an enclosed space or a door sensor signal indicating that the door 110 is open; par. 86: In one example, the trigger sensor(s) 940 (for example, the door sensor 116) detects when the door 110 opens or a person enters a vicinity of the light control system 900, and the control device 936 responsively causes the light control system 900 to deactivate as a security or safety feature; NOTE: the lockout switch is read upon by whatever feature in Alvarez that deactivates the UV lights).
Regarding claim 7, Alvarez teaches the system of claim 6, as set forth above, and teaches wherein the lockout switch is configured to remain activated to cut power to the UV light after the door is closed (par. 86: Additionally, for instance, when the door 110 subsequently closes or the person subsequently leaves the vicinity of the light control system 900, the trigger sensors 940 transmit the trigger-sensor signal to the control device 936 to activate the light control system 900; NOTE: the lockout switch would remain activated in the case where the occupancy sensor still detects a person in the vicinity, even if the door is closed).
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 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.
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.
Claims 1 and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Shalvi (US 11160897 B1).
Regarding claim 1, Shalvi teaches A two-stage UV light system configured to be disposed within an air handler (abstract: The present invention provides a device for generating ultraviolet (UV) radiation… It may further comprise components for thermal protection and active air circulation; C8L23-25: The device (100) of the present invention can be equipped in an air duct for disinfecting air circulation inside an HVAC system, air filtering or purification system), the two-stage UV light system comprising:
at least one first stage UV light and at least one second stage UV light (C1L51: a plurality of ultraviolet light sources), but does not explicitly teach and
wherein the two-stage UV light system is configured to provide power to the at least one first stage UV light and not the at least one second stage UV light when air is flowing through the air handler, and to provide power to the at least one second stage UV light and not the at least one first stage UV light when air is not flowing through the air handler.
Shalvi already teaches wherein the light sources are either turned on or adjusted depending on how much airflow is detected, wherein the threshold for the airflow can be adjusted (C10L59-64: In one embodiment, the device further comprises a means for airflow detection detecting airflow passing through or at the device, when the airflow as detected is above a preset and tunable threshold, the controlling circuit generates a signal to power on or adjust the plurality of light sources in the light array), so the device is capable of having a threshold that is 0 or close to 0 airflow.
Shalvi teaches of increasing the UV light intensity in response to increased airflow since it teaches turning on the UV lights in response to detecting increased airflow. Furthermore, Shalvi already teaches wherein “adjusting” the UV lights means adjusting the power to the UV lights (C9L42-43: In one embodiment, the signal provided by the controlling circuit is to adjust the power for the light array). It would be known by one of ordinary skill in the art that adjusting the power to lights is a way of adjusting the intensity.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shalvi to increase the power to its UV light array, thereby increasing its intensity, when the airflow is detected to be greater than 0 (or a value substantially close to 0) and decrease the power and intensity when the airflow is not greater than 0, as taught by Shalvi, so the emitted UV light is raised to appropriate levels to sterilize the greater amounts of pathogens present in greater amounts of air, while conserved when there is less airflow and thus less pathogens to sterilize.
It is noted that when the power is adjusted, the first stage light array becomes the second stage light array so that technically, no more power is fed to the first stage UV light array, in light of the limitations of dependent claim 4, which states that the first and second UV light lights can be one light.
Regarding claim 3, Shalvi teaches the system of claim 1, as set forth above, and teaches wherein the at least one first stage UV light operates at a first power level and the at least one second stage UV light operates at a second power level that is lower than the first power level, the first power level being used for when air moves through the air handler and the second power level being used for when air is not moving through the air handler (C9L42-43: In one embodiment, the signal provided by the controlling circuit is to adjust the power for the light array; C10L59-64: In one embodiment, the device further comprises a means for airflow detection detecting airflow passing through or at the device, when the airflow as detected is above a preset and tunable threshold, the controlling circuit generates a signal to power on or adjust the plurality of light sources in the light array; see Shalvi modification in claim 1 rejection; NOTE; adjusting the intensity adjusts the power and/or adjusting the intensity requires adjusting the power).
Regarding claim 4, Shalvi teaches the system of claim 1, as set forth above, and teaches wherein the at least one first and second stage UV lights are a single UV light that is configured to operate at a first power level and a second power level (C9L42-43: In one embodiment, the signal provided by the controlling circuit is to adjust the power for the light array; C10L59-64: In one embodiment, the device further comprises a means for airflow detection detecting airflow passing through or at the device, when the airflow as detected is above a preset and tunable threshold, the controlling circuit generates a signal to power on or adjust the plurality of light sources in the light array; see Shalvi modification in claim 1 rejection; NOTE; adjusting the intensity adjusts the power and/or adjusting the intensity requires adjusting the power).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Shalvi in view of Alvarez.
Regarding claim 2, Shalvi modified by Ramer teaches the system of claim 1, as set forth above, and teaches further comprising a safety lockout system comprising:
a lockout switch configured to cut power to the at least one first and second stage UV lights; and
wherein the safety lockout system is configured to cut power to the at least one first and second stage UV lights when either the lockout switch is activated (C1L65-C2L2: The means for motion detection detects motion of a human in proximity to the device and switches off the ultraviolet light source so as not to expose the subject to ultraviolet light when the subject is in the vicinity of the ultraviolet light source; C6L43-46: In one embodiment, the circuit (107) sends a control signal to switch the light array (102) off, when it receives sensory signal from the means for motion detection (106) indicating motion of a human in the proximity of the device (100)), but does not teach
a door switch configured to trip when a door of the air handler is opened, the door switch being electrically coupled to the lockout switch…
or the door switch is tripped.
Alvarez teaches a UV system controlled by an occupancy detection system (par. 69: As shown in FIG. 11, the light control system 900 includes an ultraviolet (UV) UV light source 910, which, in at least one embodiment, is part of the cleaning system 126 shown in FIG. 1. When activated, the UV light source 910 emits UV light 912 to provide a target level of antimicrobial efficacy; abstract: An occupancy detection system and method for a lavatory includes a door sensor operatively coupled to a door of the lavatory. The door sensor is configured to output a door sensor signal that indicates a status of the door. At least one presence sensor that is configured to output at least one presence sensor signal that indicates an occupancy status of the lavatory. An occupancy detection control unit is in communication with the door sensor and the at least one presence sensor).
Alvarez teaches an occupancy sensor (likened to the motion sensor of Shalvi) but also teaches an additional door sensor for determining when to deactivate the UV lights (par. 86: In one example, the trigger sensor(s) 940 (for example, the door sensor 116) detects when the door 110 opens or a person enters a vicinity of the light control system 900, and the control device 936 responsively causes the light control system 900 to deactivate as a security or safety feature). Having a door sensor in addition to the occupancy sensor deactivates the UV lights even earlier so that the risk of harmful UV exposure to an occupant is further mitigated.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shalvi modified by Ramer to have a door switch coupled to the lockout switch so that the UV lights are turned off when the door is detected to open, as taught by Alvarez, to further decrease the risk of an occupant entering the room being exposed to harmful UV radiation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANGRU CHEN whose telephone number is (571)272-1201. The examiner can normally be reached Monday-Friday 7:30-5:30.
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/C.C./Examiner, Art Unit 1796
/KEVIN JOYNER/Primary Examiner, Art Unit 1799
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