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 .
Double Patenting
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.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 12,048,785. This is a statutory double patenting rejection.
Regarding claims 1-12, U.S. Patent No. 12,048,785 claims a system, comprising: a first liquid tank, comprising: compressed air; and a first liquid configured to disinfect and sterilize; a second liquid tank, comprising a second liquid; and a control panel configured to regulate dispensing of the first liquid and the second liquid; wherein the first liquid tank, the second liquid tank, and the control panel are modular and configured to detach (see claim 1); wherein the control panel further comprises a liquid port, wherein the liquid port is configured to dispense an aqueous form of the first liquid (see claim 2); wherein the control panel further comprises a liquid port, wherein the liquid port is configured to dispense an aqueous form of the first liquid and an aqueous form of the second liquid (see claim 3); wherein the control panel is configured to measure air pressure in the first liquid tank (see claim 4); wherein the control panel is configured to measure air pressure within the first liquid tank (see claim 5); wherein the control panel is configured to measure air pressure within the second liquid tank (see claim 6); wherein the control panel is configured to regulate air pressure and liquid tank pressure independent of each other (see claim 7); wherein the control panel is lined internally with heat tape (see claim 8); wherein the first liquid tank and the second liquid tank are independently regulated by the control panel (see claim 9); wherein the control panel is configured to be connected to a plurality of modular liquid tanks, wherein the first liquid tank and the second liquid tank are modular liquid tanks (see claim 10); wherein the first liquid is a sterilant configured to disinfect and sterilize (see claim 11); and wherein the second liquid is a liquid antimicrobial (see claim 12).
Regarding claims 13-19, U.S. Patent No. 12,048,785 claims an apparatus for controlling fog generation, the apparatus comprising: a control panel configured to regulate a dispensing of an aerosolized or aqueous substance; a liquid port on the control panel configured to connect to at least one modular liquid tank and dispense the aerosolized substance from the at least one modular liquid tank; and an air port on the control panel configured to dispense a gas, wherein the control panel is configured to dispense the aqueous or aerosolized substance in combination with compressed air from the air port (see claim 13); wherein the liquid port on the control panel is configured to connect to at least two modular liquid tanks (see claim 14); wherein the aerosolized substance is produced by combining controllable air pressure and liquid pressure, and wherein the aerosolized substance comprises peracetic acid (see claim 15); wherein the liquid port is configured to dispense an aqueous substance from more than one modular liquid tank (see claim 16); wherein the control panel is configured to modularly connect to a plurality of liquid tanks, wherein the control panel is further configured to independently regulate each of the plurality of liquid tanks (see claim 17); wherein the control panel is configured to modularly connect to a plurality of liquid tanks, wherein the control panel is further configured to regulate air and liquid pressure in the first liquid tank and liquid pressure in the second liquid tank (see claim 18); and wherein the control panel further comprises a remote humidity detector or a ppm detector (see claim 19).
Regarding claim 20, U.S. Patent No. 12,048,785 claims a system, comprising: a first liquid tank, comprising: compressed air; and a first liquid configured to disinfect and sterilize; a second liquid tank, comprising a second liquid; a control panel configured to regulate dispensing of the first liquid and the second liquid, wherein the control panel further comprises a liquid port, wherein the liquid port is configured to dispense an aqueous form of the first liquid and the second liquid, and wherein the first liquid tank, the second liquid tank, and the control panel are modular and configured to detach (see claim 20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Adams et al. (US 9,238,239 B2) discloses method for multi-agent fogging (see Abstract).
Kellogg, Jr. (US 10,369,242 B1) discloses a system and a method to reducing risk of patient infections (HAI), using operating rooms equipped with suitable automatic airborne sterilizing agent generators, sensors, mechanisms, automatic air control devices, and ceiling mounted structures that allows the room to both provide air curtains of laminar flow sterilized air over the operating table, as well as to be quickly and completely sterilized. After suitable safety checks, the system isolates the interior air from external air, and activates an air phase anti-microbial agent generator, filing the room with air-phase anti-microbial agent (see Abstract).
Shannon et al. (US 8,551,399 B2) discloses system and process for disinfecting rooms such as health care facility rooms with an oxygen/ozone mixture (see Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA E YOUNG whose telephone number is (571)270-3163. The examiner can normally be reached M-F 7:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wang Claire 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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NATASHA E. YOUNG
Examiner
Art Unit 1774
/NATASHA E YOUNG/Primary Examiner, Art Unit 1774