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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 21 and 27 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 0032 references Fig. 1 while discussing a biofilm prevention device comprising first and second chambers as depicted in Fig. 3
Paragraph 0033 references Fig. 2 while discussing a multi-chamber biofilm prevention device comprising a cartridge which is depicted in Fig. 4
Appropriate correction is required.
Claim Interpretation
Claim 6 depends from claim 1 which only requires a system configured to store a dry precursor and configured to control a flow of chlorine dioxide. Claim 6 however requires that ‘the flow of chlorine dioxide solution’ is configured to disinfect a plumbing fixture. As such while claim 1 does not require a chlorine dioxide flow or specific precursor claim 6 is being interpreted as requiring a flow of chlorine dioxide as it defines a characteristic of a claimed flow of chlorine dioxide.
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 (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.
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.
Claims 1-2, 5-7 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0243443 (Booth) in view of US 2023/0271859 (Ueda) and US 10,450,733 (Luettgen).
Regarding claim 1, Booth discloses a bio-film prevention device for a plumbing fixture (Para. 0023), the device comprising:
a housing (10; Para. 0013) including a first chamber (interior volume of 10), the first chamber configured to store a dry precursor (Para. 0013);
a second chamber (12) configured to receive a predetermined volume of water;
a conveyor (11) disposed between the first chamber and the second chamber, the conveyor configured to convey a predetermined quantity of the dry precursor into the second chamber (Para. 0016);
an outlet (Para. 0017) of the second chamber configured to direct a flow of cleaning solution to the plumbing fixture, and the outlet configured to be coupled to a sink drain pipe, a shower drain pipe, a urinal drain pipe or a bathtub drain pipe (Pipe system 14/24/26; sink 40, urinal 30, toilet 20).
Booth, however, does not disclose how the first chamber is accessed for supplying dry precursor thereto such as through a door with a watertight seal. While Booth discloses that the second chamber comprises an outlet configured to be coupled to various drainpipes as previously discussed it does not explicitly disclose the provision of valve structure disposed at the outlet of the second chamber to control a flow of solution to the plumbing fixture.
Luettgen teaches a bio-film prevention device (C12 L23-32) for use with a sanitary fixture and configured to deliver a solution to a trapway of the sanitary fixture (C12 L64-C13 L2). Luettgen teaches that the dry or liquid chemical can be contained within a chamber (304) of a housing (303) which is accessible through a door (311) which forms a watertight seal with the housing (C19 L3-22 – sealed container comprising a hinged cover which forms a seal with the container).
It would have been obvious to one of ordinary skill in the art to provide a door configured to form a watertight seal with the housing and selectively provide access to the first chamber, as taught by Luettgen, so that the chamber is configured to be refilled with solid/dry precursor/chemicals by a user as needed while also being configured to protect said chemicals/precursors such as by preventing said chemicals/precursors from interacting with water prior to their use.
Ueda teaches a bio-film prevention device for a plumbing fixture (Fig. 1) comprising a chamber (7/297) for containing a chlorine dioxide solution with an outlet valve (9/219) at an outlet of the second chamber which is configured to control a flow of the chlorine dioxide solution to a plumbing fixture such as a sink (203) or toilet (3).
It would have been obvious to one of ordinary skill in the art to provide an outlet valve at the outlet of the second chamber, as taught by Ueda, so as to facilitate control over the introduction of solution to the plumbing fixtures thereby improving efficiency and/or effectiveness of the system.
Regarding claim 2, Booth states that the chemical solution is delivered to dispensers at various sanitary fixtures and provides an example of dispensing a solution to a bowl of a toilet (20) of other water containing surfaces of various fixtures (Para. 0030). Delivering the solution to the bowl would be upstream of a p-trap however Booth doesn’t explicitly discuss the provision of a p-trap.
Ueda teaches a bio-film prevention system as previously discussed and further teaches that it’s chlorine dioxide solution is provide through a distinct sanitizing dispenser (216) provided upstream of a p-trap (204a) of a drainage pipe (204) of a sanitary fixture (203) (Fig. 2).
It would have been obvious to one of ordinary skill in the art to configure the system to provide the bio-film preventing solution upstream of a p-trap of a drainage system, as taught by Ueda, to ensure full cleaning/protection of the drainage line and the trap and/or to ensure delivery to a ‘high-risk’ area where water is expected to sit still/stagnate due to how the traps operate.
Regarding claim 5, Booth states that the dry precursor can be in the form of a plurality of ‘pucks’ (Para. 0013) which are a plurality of tablets.
Regarding claim 6, Booth states that a plurality of different chemical compounds/solutions can be utilized including chemical solutions configured to disinfect plumbing fixtures such as various disinfectants and biocides (Para. 0025). While Booth cites the use of chlorines (Para. 0025) for disinfection it does not explicitly mention chlorine dioxide.
Ueda teaches a bio-film prevention system as previously discussed which utilizes a chlorine dioxide solution for sterilization and disinfection of the drainage pipes of sanitary fixtures (Para. 0048, 0059).
It would have been obvious to one of ordinary skill in the art to utilize chlorine dioxide as a disinfectant, as taught by Ueda, as it is a recognized alternative disinfectant in the art of disinfecting/sterilizing drainage pipes and bathroom fixtures.
Regarding claim 7, Booth states that the flow of solution flows to two or more plumbing fixtures (Fig. 1).
Regarding claim 21, Booth discloses a bio-film prevention device for a plumbing fixture (Para. 0023), the device comprising:
a housing (10; Para. 0013) including a first chamber (interior volume of 10), the first chamber configured to store a dry precursor (Para. 0013);
a second chamber (12) configured to receive a predetermined volume of water;
a first valve (11) disposed between the first chamber and the second chamber, the first valve configured to convey a predetermined quantity of the dry precursor into the second chamber (Para. 0013);
an outlet (Para. 0017) of the second chamber configured to direct a flow of cleaning solution to the plumbing fixture (Pipe system 14/24/26).
Booth, however, does not disclose how the first chamber is accessed for supplying dry precursor thereto such as through a door with a watertight seal. While Booth discloses that the second chamber comprises an outlet configured to be coupled to various drainpipes as previously discussed it does not explicitly disclose the provision of valve structure disposed at the outlet of the second chamber to control a flow of solution to the plumbing fixture.
Luettgen teaches a bio-film prevention device (C12 L23-32) for use with a sanitary fixture and configured to deliver a solution to a trapway of the sanitary fixture (C12 L64-C13 L2). Luettgen teaches that the dry or liquid chemical can be contained within a chamber (304) of a housing (303) which is accessible through a door (311) which forms a watertight seal with the housing (C19 L3-22 – sealed container comprising a hinged cover which forms a seal with the container).
It would have been obvious to one of ordinary skill in the art to provide a door configured to form a watertight seal with the housing and selectively provide access to the first chamber, as taught by Luettgen, so that the chamber is configured to be refilled with solid/dry precursor/chemicals by a user as needed while also being configured to protect said chemicals/precursors such as by preventing said chemicals/precursors from interacting with water prior to their use.
Ueda teaches a bio-film prevention device for a plumbing fixture (Fig. 1) comprising a chamber (7/297) for containing a chlorine dioxide solution with an outlet valve (9/219) at an outlet of the second chamber which is configured to control a flow of the chlorine dioxide solution to a plumbing fixture such as a sink (203) or toilet (3).
It would have been obvious to one of ordinary skill in the art to provide an outlet valve at the outlet of the second chamber, as taught by Ueda, so as to facilitate control over the introduction of solution to the plumbing fixtures thereby improving efficiency and/or effectiveness of the system.
Regarding claim 22, Booth states that the chemical solution is delivered to dispensers at various sanitary fixtures and provides an example of dispensing a solution to a bowl of a toilet (20) of other water containing surfaces of various fixtures (Para. 0030). Delivering the solution to the bowl of a toilet would also mean the system is configured to deliver the solution to the trap of the toilet as the trap is downstream of the toilet bowl.
Claims 2, 8-9, 23-24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Booth in view of Luettgen and Ueda as applied to claims 1 and 21 above, and further in view of US 8,114,298 (Fishler).
Regarding claim 2, Booth states that the second chamber (12) contains a volume of water which is mixed with the added precursor/chemical as previously discussed but does not explicitly state how the second chamber is supplied with water.
Fishler teaches a water treatment system comprising a first chamber (90/95) which contains a dry chemical (99) which is added in controlled quantities to a second chamber (30) which receives a predetermined amount of water from a water source through valve (215) disposed between a water supply and the second chamber (C8 L63-67, C13 L32-38).
It would have been obvious to one of ordinary skill in the art to provide a controllable water supply valve between a water supply and the second chamber, as taught by Fishler, to facilitate controllable refilling of the second chamber as need to produce additional sanitizing/disinfecting solution over the course of the system’s operation.
Regarding claim 8, Booth depicts the first chamber as being towards a top of the second chamber (Fig. 1) but doesn’t explicitly state if the first chamber is above the second chamber.
Fishler teaches a water treatment system comprising a first chamber (90/95) which contains a dry chemical (99) which is added in controlled quantities to a second chamber (30) which receives a predetermined amount of water from a water source through valve (215) wherein the first chamber is above the second chamber (Fig. 2) which facilitates dispensed dry chemicals from the first chamber falling into the second chamber under the force of gravity (C15 L37-49).
It would have been obvious to one of ordinary skill in the art to provide the first chamber above the second chamber, as taught by Fishler, so as to facilitate movement of the dry precursor through the force of gravity thereby reducing complexity of the system (simpler or reduced conveyance system) and/or providing energy savings.
Regarding claim 9, Booth states that the first chamber can contain solid precursors as previously discussed and that a valve (11) is provided to transfer the solid precursor to the second chamber (12) for mixing with water (Para. 0013) however it does not provide details on a valve mechanism (11) for controllably adding dry precursor to the second chamber.
Fishler teaches a water treatment system comprising a first chamber (90/95) which contains a dry chemical (99) which is added in controlled quantities to a second chamber (30) which receives a predetermined amount of water from a water source through valve (215). Fishler further teaches that a valve (96) is provided between the first and second chambers at an outlet of the first chamber which comprises a screw pump (C14 L40-52).
It would have been obvious to one of ordinary skill in the art to utilize a screw pump as a valve between the first and second chambers, as taught by Fishler, to facilitate the use of solid precursors and chemicals which are provided in powdered and/or granular form and their supply/addition to the second chamber in a controllable manner.
Regarding claim 23, Booth states that the second chamber (12) contains a volume of water which is mixed with the added precursor/chemical as previously discussed but does not explicitly state how the second chamber is supplied with water.
Fishler teaches a water treatment system comprising a first chamber (90/95) which contains a dry chemical (99) which is added in controlled quantities to a second chamber (30) which receives a predetermined amount of water from a water source through valve (215) disposed between a water supply and the second chamber (C8 L63-67, C13 L32-38).
It would have been obvious to one of ordinary skill in the art to provide a controllable water supply valve (the ‘third’ valve) between a water supply and the second chamber, as taught by Fishler, to facilitate controllable refilling of the second chamber with water as need to produce additional sanitizing/disinfecting solution over the course of the system’s operation.
Regarding claim 24, Booth depicts the first chamber as being towards a top of the second chamber (Fig. 1) but doesn’t explicitly state if the first chamber is above the second chamber.
Fishler teaches a water treatment system comprising a first chamber (90/95) which contains a dry chemical (99) which is added in controlled quantities to a second chamber (30) which receives a predetermined amount of water from a water source through valve (215) wherein the first chamber is above the second chamber (Fig. 2) which facilitates dispensed dry chemicals from the first chamber falling into the second chamber under the force of gravity (C15 L37-49).
It would have been obvious to one of ordinary skill in the art to provide the first chamber above the second chamber, as taught by Fishler, so as to facilitate movement of the dry precursor through the force of gravity thereby reducing complexity of the system (simpler or reduced conveyance system) and/or providing energy savings.
Regarding claim 26, Booth states that the first chamber can contain solid precursors and that a first valve (11) is provided to transfer the solid precursor to the second chamber (12) for mixing with water (Para. 0013) however it does not provide details on the first valve mechanism (11) for controllably adding dry precursor to the second chamber.
Fishler teaches a water treatment system comprising a first chamber (90/95) which contains a dry chemical (99) which is added in controlled quantities to a second chamber (30) which receives a predetermined amount of water from a water source through valve (215). Fishler further teaches that a valve (96) is provided between the first and second chambers at an outlet of the first chamber which comprises a screw pump (C14 L40-52).
It would have been obvious to one of ordinary skill in the art to utilize a screw pump as a valve between the first and second chambers, as taught by Fishler, to facilitate the use of solid precursors and chemicals which are provided in powdered and/or granular form and their supply/addition to the second chamber in a controllable manner.
Claims 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Booth in view of Ueda, Luettgen and Fishler.
Regarding claim 27, Booth discloses a bio-film prevention device for a plumbing fixture (Para. 0023), the device comprising:
a housing (10; Para. 0013) including a first chamber (interior volume of 10), the first chamber configured to store a dry precursor (Para. 0013);
a second chamber (12) configured to receive a predetermined volume of water;
a first valve (11) disposed between the first chamber and the second chamber, the first valve configured to convey a predetermined quantity of the dry precursor into the second chamber (Para. 0013);
an outlet (Para. 0017) of the second chamber configured to direct a flow of cleaning solution to the plumbing fixture (Pipe system 14/24/26).
Booth, however, does not disclose how the first chamber is accessed for supplying dry precursor thereto such as through a door with a watertight seal. While Booth discloses that the second chamber comprises water for mixing with the dry precursor and an outlet configured to be coupled to various drainpipes as previously discussed it does not explicitly disclose how the second chamber is supplied with water or the provision of valve structure disposed at the outlet of the second chamber to control a flow of solution to the plumbing fixture.
Luettgen teaches a bio-film prevention device (C12 L23-32) for use with a sanitary fixture and configured to deliver a solution to a trapway of the sanitary fixture (C12 L64-C13 L2). Luettgen teaches that the dry or liquid chemical can be contained within a chamber (304) of a housing (303) which is accessible through a door (311) which forms a watertight seal with the housing (C19 L3-22 – sealed container comprising a hinged cover which forms a seal with the container).
It would have been obvious to one of ordinary skill in the art to provide a door configured to form a watertight seal with the housing and selectively provide access to the first chamber, as taught by Luettgen, so that the chamber is configured to be refilled with solid/dry precursor/chemicals by a user as needed while also being configured to protect said chemicals/precursors such as by preventing said chemicals/precursors from interacting with water prior to their use.
Ueda teaches a bio-film prevention device for a plumbing fixture (Fig. 1) comprising a chamber (7/297) for containing a chlorine dioxide solution with an outlet valve (9/219) at an outlet of the second chamber which is configured to control a flow of the chlorine dioxide solution to a plumbing fixture such as a sink (203) or toilet (3).
It would have been obvious to one of ordinary skill in the art to provide an outlet valve at the outlet of the second chamber, as taught by Ueda, so as to facilitate control over the introduction of solution to the plumbing fixtures thereby improving efficiency and/or effectiveness of the system.
Fishler teaches a water treatment system comprising a first chamber (90/95) which contains a dry chemical (99) which is added in controlled quantities to a second chamber (30) which receives a predetermined amount of water from a water source through valve (215) disposed between a water supply and the second chamber (C8 L63-67, C13 L32-38).
It would have been obvious to one of ordinary skill in the art to provide a controllable water supply valve (the ‘third’ valve) between a water supply and the second chamber, as taught by Fishler, to facilitate controllable refilling of the second chamber with water as need to produce additional sanitizing/disinfecting solution over the course of the system’s operation.
Regarding claim 28, Booth states that the chemical solution is delivered to dispensers at various sanitary fixtures and provides an example of dispensing a solution to a bowl of a toilet (20) of other water containing surfaces of various fixtures (Para. 0030). Delivering the solution to the bowl of a toilet would also mean the system is configured to deliver the solution to the trap of the toilet as the trap is downstream of the toilet bowl.
Regarding claim 29, Booth depicts the first chamber as being towards a top of the second chamber (Fig. 1) but doesn’t explicitly state if the first chamber is above the second chamber.
Fishler teaches a water treatment system comprising a first chamber (90/95) which contains a dry chemical (99) which is added in controlled quantities to a second chamber (30) which receives a predetermined amount of water from a water source through valve (215) wherein the first chamber is above the second chamber (Fig. 2) which facilitates dispensed dry chemicals from the first chamber falling into the second chamber under the force of gravity (C15 L37-49).
It would have been obvious to one of ordinary skill in the art to provide the first chamber above the second chamber, as taught by Fishler, so as to facilitate movement of the dry precursor through the force of gravity thereby reducing complexity of the system (simpler or reduced conveyance system) and/or providing energy savings.
Regarding claim 30, Booth states that the dry precursor can be in the form of a plurality of ‘pucks’ (Para. 0013) which are a plurality of tablets.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Booth in view of Luettgen and Ueda as applied to claim 1 above, and further in view of JP 2014503457 (JP).
Regarding claim 31, Booth states that the dry precursor is supplied to the second chamber from the first to create a disinfecting solution by dissolving the dry precursor in water as previously discussed but does not explicitly state how the precursor and water are mixed in the second chamber such as through the provision of an agitator in the second chamber.
JP teaches a system for producing chlorine dioxide solution comprising a chamber (2) for storing chlorite in a solid or liquid form as a solution and a second chamber (3) for storing a different precursor in solid or liquid form as a solution with both precursor storage chambers being connected to a mixing chamber (4). The chamber for the solid chlorite is provided with an agitator (8) to facilitate mixing the solid chlorite with water to form a liquid chlorite solution if desired, the second precursor chamber is provided with an agitator (10) and the mixing chamber is provided with an agitator (14) to facilitate mixing the different precursors together.
It would have been obvious to one of ordinary skill in the art to provide an agitator in the second (mixing) chamber, as taught by JP, to facilitate mixing of the dry precursor with water and/or to better ensure the dry precursor fully dissolves within the water.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4,312,345 (Colvin) teaches a cabinet for a bathroom comprising storage chambers for a dry cleaning chemical which are dispensed into a second chamber that is provided with a water supply connection so that water and the chemicals are mixed in the second chamber before being dispensed.
US 4,912,681 (Halsey) teaches a system for containing a dry cleaning chemical in a first chamber above a second chamber, controlling flow of the dry chemical to the second chamber through a valve and supplying the second chamber with water from a water supply through a valve to mix the water and dry chemical in the second chamber.
US 5,427,694 (Rugg) teaches a system for delivering a controlled amount of dry anti-microbial compositions from a first chamber through a valve to an aqueous system.
US 6,387,251 (Marsiglietti) is an apparatus for controlled dosing of a water system with a dry chemical that is supplied through a screw pump.
US 2013/0277211 (Josh) is a system for disinfecting fixtures with chlorine dioxide comprising a housing with a first chamber containing dry precursor and a valve to facilitate dispensing the dry precursor into a second chamber to mix with fluid and form a solution.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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/NICHOLAS A ROS/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754
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