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 .
Priority
1. Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Italy on April 3, 2023. It is noted, however, that applicant has not filed a certified copy of the Italy 102023000006549 application as required by 37 CFR 1.55.
Election/Restrictions
2. Applicant's election with traverse of group I, claim 1-10 in the reply filed on 8/17/2026 is acknowledged. The traversal is on the ground(s) that the office action makes no showing of a search burden. This is not found persuasive because, as stated in the restriction requirement, the apparatus as claimed can be used to practice another and materially different process such as disinfecting air within a space. Therefore, in addition to the different classification for each group, there is a separate and distinct search required for each of groups I and II. For example, a search for the apparatus claims does not require searching the specific steps outlined in the process claims.
The requirement is still deemed proper and is therefore made FINAL.
3. Claims 11-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 8/17/2026.
Claim Objections
4. Claim 3 objected to because of the following informalities: in line 3 of the claim the phrase “decontaminant (12)” should read “decontaminant (11)”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 1-10 are 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.
Regarding claim 1, in line 22, the phrase “associating the control unit (2)” is indefinite as it is not clear what is meant by the term “associating” and the specification does not provide written description of what is meant by “associating”.
Regarding claim 2, claim 2 recites the limitation "the misting device" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 3, claim 3 recites the limitation "the disposable and single dose pack" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 6, the phrase “is typically conducted” in line 2 renders the claim indefinite. It is unclear of the whether the claimed step is required to occur before or after any of steps (a) to (c).
Regarding claim 8, claim 8 recites the limitation "said plasma gas" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 4-5, 7, and 9-10 are rejected based on their dependency from rejected claim 1.
Double Patenting
7. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
8. Claims 1-10 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-10 of copending Application No. 18/623,764 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Allowable Subject Matter
9. Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
10. The following is a statement of reasons for the indication of allowable subject matter: the prior art, alone or in combination, does not teach or fairly suggest the combination of steps recited in the method of independent claim 1.
The closest prior art to the claimed invention is Longo (WO 2022/224047 A1). Longo discloses a process of performing, tracking, and controlling airborne disinfection of surfaces of a confined environment and objects contained therein (see method of claim 1).
However, Longo does not teach or suggest, in the claimed environment, wherein said combined sensor (41) is designated to detecting at least one environmental parameter relating to at least one piece of data selected from microclimate data and data concerning the presence of at least one pollutant, and wherein said decontaminant (11) is released in the form of mist, the dispensing of which is controlled as a function of at least one of the pieces of data detected by said first sensor means (7), said dispensing being conducted according to a predetermined operating protocol for carrying out the treatment, said method comprising the steps of: d) acquiring information concerning at least said environmental parameter by means of said combined sensor (41); e) processing, with said control means (9) and processing means (10), said information acquired by means of said combined sensor (41) producing said operating protocol for carrying out the disinfection treatment, the disinfection mode being defined in said protocol; f) transferring data relating to the disinfection protocol to the sanitizing device (3) to initiate the disinfection treatment of the confined environment (C) and of the at least one object (A); g) inserting the interchangeable pack (25) into the sanitizing apparatus (3); h) dispersing into the air said decontaminant (11) according to a concentration and for a dispensing time calculated by the control means (9) and processing means (10), based on the information contained in said operating protocol; and i) making available certification information, according to the concentration of decontaminant (11) detected, to certify that disinfection of the surfaces of the confined environment and of the at least one object present therein has taken place during the step of dispensing the decontaminant.
Conclusion
11. 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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