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 .
Rejection under 35 U.S.C. 102(a)(1)
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 1-2, 5-8, 10-11, 13 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cole (2017/0296686).
Cole (2017/0296686) discloses, in figs. 1A-19K, UV disinfection devices, systems and/or methods, which includes
Regarding claims 1, 2, 5, 6, 7, 10, 13, 17,
a housing 104 having a concave shape (see figs. 1A-2C);
a light source 106 coupled to the housing 104 (see fig. 1A), wherein the light source 106 provides light in a wavelength that is configured to disinfect a surface (see abstract, figs. 3A, 6A-6E, 7C, 8C-9, [0005], [0008], [0010], [0012]-[0015], [0036], [0037], [0046], [0047], [0048], [0057], [0060], [0063], [0067], [0068], [0069], [0080], [0086], [0090], [0102]-[0104], [0111], [0115], [0116], [0122], [0159], [0161], [0162], [0164]);
a contact sensor 108 coupled to a rim of the housing 104 (see fig. 1A); and wherein the contact sensor 108 is configured to detect contact with a body of a user (see [0005], [0010], [0012], [0054], [0055], [0057], [0068], [0069], [0071], [0101], [0103], [0104], [0105], [0110], [0111], [0124]);
a printed circuit board (PCB) 1113 positioned within the housing 104, wherein the light source 1102 attached to the PCB 1113 (see fig. 11, [0071], [0074], [0078]); and
a proximity or distance sensor 1104 attached to the PCB 1113, wherein the proximity or distance sensor 1104 is configured to detect whether the proximity or distance sensor 1104 is in proximity to the body of the user (see fig. 11, [0005], [0008], [0010], [0012], [0013], [0014], [0054], [0055], [0057], [0061], [0071], [0072], [0074], [0076], [0095], [0101], [0104]-[0113], [0120], [0135], [0142], [0154]); and
the contact sensor comprising a plurality of electrical traces and a sensor electrically coupled to the plurality of electrical traces, wherein the sensor is attached to the PCB (see all electrical components of the sensors, light sources in the germicidal device 1100 attached and connected to the PCB by the electrical connections (traces), electrical ports/contacts in fig. 11; [0005], [0010], [0012], [0014], [0039], [0055], [0068], [0069], [0071], [0074], [0076], [0077], [0078], [0104], [0105], [0111], [0112], [0113]).
Regarding claim 8, a gap for separating a first electrical trace and a second electrical trace is considered to be inherent in the Cole (2017/0296686) UV disinfection devices, systems and/or methods. Since the gap between the first electrical trace and the second electrical trace is for separating positive and negative voltages connected to the first electrical trace and the second electrical trace, as Cole (2017/0296686) discloses separating electrical connections (traces) of electrical components in the printed circuit board (PCB) 1113 (see figs. 13-15, [0071], [0074], [0075], [0076], [0077], [0078]).
Regarding claim 11, wherein the light source is configured to be activated based on the contact sensor detecting contact with the body of the user (see [0005], [0006], [0010], [0012], [0013], [0014], [0037], [0052], [0057], [0060], [0068], [0069], [0072], [0074], [0104], [0105], [0107], [0108], [0111], [0112], [0113], [0115], [0116], [0119], [0120], [0123], [0128], [0129], [0130], [0134]).
Rejection under 35 U.S.C. 103(a)
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
Claims 3-4, 12, 14-15 and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Cole (2017/0296686) in view of Kreiner et al. (2016/0000951) and Gordon (2008/0199354).
Cole (2017/0296686) discloses all the features as discussed above except at least one light emitting diode (LED) as recited in claims 3, 14 and 18; antimicrobial blue light (aBL) as recited in claims 4, 15 and 18; and a band configured to hold the housing in contact with the body of the user as recited in claim 12.
Using the at least one light emitting diode (LED) to produce the antimicrobial blue light (aBL) for disinfecting a surface is considered to be obvious variation in design, since it is well known in the art as Kreiner et al. (2016/0000951) discloses an apparatus for sterilizing a surface contacted by person, which includes a plurality of light emitting diodes (LEDs) 210, 275 for producing an antimicrobial blue light (aBL) to disinfect a contact surface and/or a hand of person (see figs. 2A-2C, [0018], [0035], [0043]-[0048]), thus would have been obvious to one skilled in the art to use the at least one light emitting diode (LED) for producing the antimicrobial blue light (aBL) in the Cole (2017/0296686) UV disinfection devices for disinfecting a surface.
Using the band to hold the housing in contact with the body of the user is also considered to be obvious variation in design, since it is well known in the art as Gordon (2008/0199354) discloses a germicidal system for sterilizing a skin of a person, which includes a band or bracelet 500 to hold a germicidal device 100 in contact with the body of the user (see fig. 5, [0037], [0046], [0047], thus would have been obvious to one skilled in the art to use the band or bracelet for holding a germicidal device in contact with the body of the user in the Cole (2017/0296686) UV disinfection devices for disinfecting a skin of user.
Claims 9, 16 and 19-20 are 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.
The Reasons for Allowable Subject Matter
The prior art fails to disclose a disinfection device including a contact sensor configured to detect contact with a body of a user based on a reduction in resistance between a first electrical trace and a second electrical trace when the first electrical trace and the second electrical trace are in contact with the body of the user as recited in claims 9, 16 and 19; or a portion of a plurality of electrical traces positioned on a rim of a housing as recited in claim 20.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Behrakis (2009/0234343) and Bilenko et al. (2016/0324996) disclose an apparatus including sensors to detect a contact surface for disinfecting the contact surface and/or a skin of person; and Estes et al. (2019/0099613) and Young (2021/0346717) disclose a wearable device for disinfecting a skin of a person.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TUAN NGUYEN whose telephone number is (571)272-2479. The examiner can normally be reached on Monday-Friday 8-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert H. Kim can be reached on 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/KIET T NGUYEN/Primary Examiner, Art Unit 2881
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