DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant's election with traverse of group I, claims 1-13 and 20-21 the reply filed on 5/26/26 is acknowledged. The traversal is on the ground(s) that it would not be a serious burden if both groups were examined together. This is not found persuasive because the disinfection system as claimed is capable of being operated in environments other than the indoor environment of a building.
The requirement is still deemed proper and is therefore made FINAL.
3. Claims 14-19 and 22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/26/26.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim(s) 1-2, 5-9, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lum et al. (US 2022/0370670 A1) (hereafter “Lum”).
Regarding claims 1 and 5-6, Lum discloses a disinfection system (100 - see figure 1) for controlling an indoor environment of a building, comprising: a controller (central controller) configured to: receive, from a treated space in the indoor environment, sensor data from a disinfection device or a sensor (140) indicating an amount of an active pathogen (see para [0135] – sensor tag detects pathogen level); determine at least one of (1) an effectiveness of one or more disinfection procedures based on comparing an amount of a deactivated pathogen to the amount of the active pathogen (see para [0135] and [0139], [0140] – detected pathogen level is compared to a threshold level and the central controller adjusts the UV radiation source (125), the controller further evaluates whether or not the surface is sufficiently disinfected by measuring the amount of pathogens after treatment); and adjust the one or more disinfection procedures (UV disinfection) based on a measurement of the effectiveness, wherein adjusting the one or more disinfection procedures comprises adjusting an operational parameter of the disinfection device (UV lamp emission time increased or emission power increased – see para [0135]).
Regarding claim 2, Lum discloses wherein the operational parameter comprises an intensity of the disinfection device or a duration of the one or more disinfection procedures (see para [0135] and [0140] - UV emission intensity is increased, or emission time is increased).
Regarding claim 7, Lum discloses wherein the controller further comprises a predictive maintenance system configured to forecast maintenance or replacement of one or more system components (UV lamp) of the disinfection device based on a usage pattern and performance data (see para [0127] – system monitors degradation of the UV light over time based on usage and age of the bulb).
Regarding claim 8, Lum discloses wherein the controller is configured to adjust the one or more disinfection procedures by utilizing an adaptive modulation model, and wherein the adaptive modulation model comprises adjusting one or more operational parameters of the disinfection device, and wherein adjusting one or more operation parameters comprises modifying at least one of UV-C irradiance levels of the UV-C lighting system, based on continuous feedback from the disinfection device or the sensor, wherein adjusting comprises optimizing disinfection efficacy and energy efficiency (see para [0115]-[0125] – the system (100) collects UV radiation data and adjusts the intensity based upon continuous feedback from the sensors (140)).
Regarding claim 9, Lum discloses wherein the controller is configured to: activate the disinfection device (UV lamp 125) based on a detection (by sensor 140) of active pathogens in the indoor environment (see para [0135]), wherein the activation of the disinfection device comprises based on determining additional disinfection procedures based on a prioritization of one active pathogen type compared to another pathogen type (detected pathogen above predetermined threshold levels); and responsive to an amount of active pathogens corresponding with the one active pathogen type declining below a predetermined threshold, deactivate the disinfection device or modulate the disinfection device's operation of the disinfection device (see para [0222] – the system 100 pauses emission of UV light upon detection that the pathogen level is below the threshold).
Regarding claim 12, Lum discloses wherein the controller is further configured to: receive additional sensor data from the sensor (140) indicating a different amount of the active pathogen and further adjust the one or more disinfection procedures based on the different amount of the active pathogen (see para [0233] – operations are performed continuously thus the sensor is continuously measuring the active pathogen in the environment and continuously adjust the UV light intensity level).
Allowable Subject Matter
7. Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the prior art, alone or in combination, fails to teach or fairly suggest wherein the disinfection device is installed in the treated space of the building, and wherein the sensor is installed in a non-treated space of the building, wherein the controller is configured to adjust adjustment of the one or more disinfection procedures is further based on a differential pathogen load corresponding to a percentage decrease or increase in deactivated pathogen concentrations between the treated space and the non-treated space, in the claimed environment.
8. Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 4, the prior art, alone or in combination, fails to teach or fairly suggest wherein the one or more disinfection procedures are adjusted in real-time based on the measurement of the effectiveness, and wherein the pathogen type of the active pathogen is the pathogen type of the deactivated pathogen, and wherein the controller is further configured to adjust the one or more disinfection procedures based on prioritizing the pathogen type of the active pathogen over another detected amount of a second pathogen type based on a risk or prevalence of the pathogen type compared to the second pathogen type, in the claimed environment.
9. Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 10, the prior art, alone or in combination, fails to teach or fairly suggest wherein the controller is configured to: generate a report or dashboard indicating compliance of the one or more disinfection procedures with one or more industry standards; determine a current operating mode of an HVAC system operating on the treated space of the building, the current operating mode corresponding to a current energy output of the HVAC system meeting one or more control standards; generate a new operating mode in the treated space meeting the one or more control standards based on adjusting the one or more disinfection procedures and reducing the current energy output of the HVAC system; and operate the HVAC system on the treated space operating the new operating mode to meet the one or more control standards, wherein updating the current operating mode comprises reducing the current energy output and adjusting the one or more disinfection procedures, in the claimed environment.
10. Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 11, the prior art, alone or in combination, fails to teach or fairly suggest wherein the controller is configured to: adjust a deployment of a plurality of disinfection devices based on historical prevalence data, community prevalence data, and a concentration of chemical substances in the air, to optimize the one or more disinfection procedures and minimize potential health risks corresponding with the chemical substances, in the claimed environment.
11. Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 13, the prior art, alone or in combination, fails to teach or fairly suggest wherein the controller is configured to: calculate a reduction in viability of the active pathogen pathogens, wherein the reduction in viability is based on one or more predetermined values corresponding to the pathogen type and the one or more disinfection procedures, in the claimed environment.
12. Claims 20 and 21 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art, alone or in combination, fails to teach or fairly suggest, in the claimed environment, a disinfection system for controlling an indoor environment of a building, comprising: a controller configured to: determine a current operating mode of an HVAC system operating on a treated space of the building, the current operating mode corresponding to a current energy output of the HVAC system meeting one or more control standards; generate a new operating mode in the treated space meeting the one or more control standards based on adjusting or initiating one or more disinfection procedures and reducing the current energy output of the HVAC system; and operate the HVAC system on the treated space in the new operating mode to meet the one or more control standards, wherein operating the HVAC system in the new operating mode comprises adjusting one or more operating parameters reducing the current energy output and adjusting or initiating the one or more disinfection procedures on a disinfection device.
Conclusion
13. 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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Marcheschi can be reached on 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN E CONLEY/Primary Examiner, Art Unit 1799
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