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 Amendment/Arguments
The Amendment filed 12/17/2025 has been entered. Claims 1-6 remain pending on the application.
Applicant argues:
n contrast, Lin describes a system that depends entirely on light for disinfection (Lin, [0007]). There is no mention of generation of airflow or transmitting substances via the airflow in Lin.
The Office Action recognizes this deficiency in Lin, but attempts to cure the deficiency with WO'818.However, WO'818 describes general detection of a person in a space and disinfecting that space, or target area. using an air purification substance. There is no description of applying the air purification substance of WO'818 to a specific movement locus where a person is in contact with other objects, such as furniture. Instead, WO'818 appears to describe general application of the air purification substance throughout the area where a person is detected.
Thus, to combine Lin - which describes light-based disinfecting - with WO'818- which describes substance-based disinfecting of a general area - requires a change in the principle of operation of one or both of these references. Such a change of principle of operation cannot form the basis of a rejection under 35 U.S.C. 103 (MPEP 2143: "If the proposed modification or combination of the prior art would change the principle of operation of the prior art invention being modified, then the teachings of the references are not sufficient to render the claims prima facie obvious. InreRatti, 270 F.2d 810, 813, 123 USPQ349, 352 (CCPA1959)'). Thus, it is believed that no proper combination of Lin and WO'818 discloses or suggests every feature recited in amended Claim 1, and amended Claim 1 is believed to be in condition for allowance. Withdrawal of the rejection of Claim1 under 35 U.S.C. 103 is respectfully requested.
WO’818 does not need to teach a directing sterilants toward a movement locus because Lin already does so; Lin teaches a movement locus and directing UV light towards the movement locus but does not teach directing a blown substance towards the movement locus. WO’818 is only used to add an additional sterilant to the sterilant already directed towards the movement locus in Lin, and furthermore, already operates on the similar principle of directing a sterilant towards a predetermined target area (as opposed to a general area as Applicant claims; see abstract: The space purification system (10) sets a specific unit (34) that specifies a target area that needs purification in the space and a target area specified by the specific unit (34) based on information about a person staying in the space. It is provided with a purification control unit (36) for locally purifying). The principles of the two references clearly overlap and thus there is no change in principle.
New rejections have been set forth for new claims 3-6.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20200073199 A1) in view of JP WO2020039818 A1 (hereinafter referred to as ‘818).
Regarding claim 1, Lin teaches a method of performing disinfection or virus inactivation in which disinfection treatment or inactivation treatment is performed in a target space that a moving body enters and exits, (par. 88: The example represents an arrangement in which one controller controls a single luminaire 711. As shown in FIG. 7, the luminaire 711 provides both general illumination and cleansing light in a room or other space),
the method comprising:
detecting a movement locus of locations where the moving body comes into contact with respective portions of furniture placed in the target space,
(par. 71: The example luminaire 601 therefore includes a camera or other sensor as the detection device 626 for use in controlling light-based cleansing operations. The detection device, for example, may detect presence of a pathogen in the air or on a surface of an area about the space or volume served by the luminaire 626 to trigger or direct the cleansing lighting output(s) from the luminaire 601. By way of another sensing example, a camera type detection device 636 might allow a controller of the luminaire 610 to identify locations in the area serviced by the luminaire 601 where occupants passing through or using the space may have touched exposed surfaces creating points of likely contamination)
and teaches using UV light for sterilization (par. 4: The cleaning examples discussed below therefore utilize a laser light source of a fairly efficient type for generating long wavelength light and a light frequency up-converter to obtain UV light of wavelengths suitable for deactivating a pathogen), but does not teach
causing a transmitter to generate an air flow and transmit a particular substance generated by a substance generator to the movement locus.
‘818 teaches a spraying device for administering a sterilizing substance to a particular location that a human has occupied (abstract: The space purification system (10) sets a specific unit (34) that specifies a target area that needs purification in the space and a target area specified by the specific unit (34) based on information about a person staying in the space. It is provided with a purification control unit (36) for locally purifying). ‘818 teaches a substance generating module and a transmission module that blows air infused with the substance toward the particular target area (pg. 2 par. 7: the purification device 40 includes, for example, a blower device 41, a sterilization device 42, an air conditioner device 43, and the like. The sterilization device 42 is, for example, a device for spraying hypochlorous acid water, but may be a device for sterilizing the taken-in air with hypochlorous acid and discharging it). Lin is for the purpose of sterilizing in medical settings (par. 2: In recent years, there have been various proposals to incorporate, in general lighting equipment, light sources specifically configured to deactivate bacteria on a surface, such as Methicillin-Resistant Staphylococcus Aureus (MRSA) on work surfaces, sinks, floors etc. of hospitals, nursing homes or the like) and so is ‘818 (pg. 2 par. 4: In recent years, there have been various proposals to incorporate, in general lighting equipment, light sources specifically configured to deactivate bacteria on a surface, such as Methicillin-Resistant Staphylococcus Aureus (MRSA) on work surfaces, sinks, floors etc. of hospitals, nursing homes or the like). ‘818 presents in improvement upon the UV sterilization of Lin because the blown hypochlorous acid not only disinfects but also prevents further growth of bacteria (pg. 2 par. 4: Purification here means purification in a broad sense, and purification includes not only sterilization or sterilization of infectious substances with hypochlorous acid, but also hindering the retention or transmission of infectious substances by blowing air).
Lin already teaches directing its sterilization towards a specific area (par. 71: a camera type detection device 636 might allow a controller of the luminaire 610 to identify locations in the area serviced by the luminaire 601 where occupants passing through or using the space may have touched exposed surfaces creating points of likely contamination. Such detection might be used to control one or more of the optical deflectors 520 to direct the cleansing light to apply a dosage of the UV cleansing light at the identified location(s)) and the hypochlorous acid infused air of ‘818 is already configured to be directed in a specific direction (pg. 4 last par.: for example, the purification control unit 36 directs the sterilization device 42 toward the target area as shown by arrows in FIGS. Spray the mist. The purification control unit 36 may generate an air flow toward the target region by outputting a control signal to at least one of the blower device 41 and the air conditioner device 43. The purification control unit 36 may purify the target area by using at least one of the blower device 41, the sterilization device 42, and the air conditioner device 43). As such, a substitution of the UV sterilization means of Lin with the vaporous sterilization means of ‘818 would result in the controller of Lin directing the hypochlorous acid infused air towards the points of contact that have been detected by the camera of Lin.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lin to incorporate a blower, air conditioning unit, and a hypochlorous acid generation device configured to infuse the blown air with hypochlorous acid, as taught, such that Lin can direct hypochlorous acid infused air towards surfaces contacted by humans, as taught by ‘818, in order to provide a sterilization means that not only kills germs but also prevents their spread and growth via blown air. This modification aligns the UV lights with the substance transmission, such that any sterilization operation originally performed by the UV lights is also synced and accompanied by the substance transmission.
Regarding claim 3, Lin modified by ‘818 teaches method claim 1, as set forth above, and teaches wherein the particular substance comprises ions (see ‘818 modification in claim 1 rejection; hypochlorous acid would include H+ ions).
Regarding claim 6, Lin modified by ‘818 teaches method claim 1, as set forth above, and teaches wherein the particular substance comprises hypochlorous acid water (see ‘818 modification in claim 1 rejection; ‘818 pg. 2 par. 7: The sterilization device 42 is, for example, a device for spraying hypochlorous acid water).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lin modified by ‘818 in view of Watanabe (WO 2021186783 A1).
Regarding claim 2, Lin modified by ‘818 teaches method of performing disinfection or virus inactivation of claim 1, as set forth above, and teaches the transmitter is caused to generate the airflow and transmit the particular substance upon detecting that the moving body exists the target space (par. 70: for example, where the detection device 601 merely detection a condition such as occupancy/non-occupancy to trigger operations of the light source 402 or the laser diode(s) 416; see ‘818 modification in claim 1 rejection),
But does not teach wherein the detection of the movement locus is started upon detecting that the moving body enters the target space and is ended when upon detecting that the moving body exits the target space.
Watanabe teaches a moving body detection system (abstract: The purpose of the present invention is to improve safety when overtaking and passing a moving body. The present invention is provided with: a moving body detection unit 42 which detects a moving body traveling ahead of a vehicle, and also detects the degree of wobble of the detected moving body in the left-right direction). Watanabe teaches wherein a first detection system detects whether or not a moving body is in the space, and if so, a second detection system is operated to detect a more specific movement of the moving body, wherein this second system is analogous to the contact point detection system of Lin (pg. 6 par. 7: When it is determined that the moving body moving in front of the vehicle is detected (Yes in step S101), the vehicle motion support control device 40 starts detecting the degree of wobbling of the moving body by the moving body detecting unit 42 (step). S102)). This is advantageous for saving the power used for operating the contact point detection system of Lin when no one is in the target space.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lin modified by ‘818 to incorporate a detection system which detects whether or not a moving body is in the target space, such that the contact point detection system is only activated when a moving body is in the target space, as taught by Watanabe, in order to save power when no one is in the target space.
Claims 1 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of ‘818 and Baumgartner (US 10322431 B1).
Regarding claim 1, Lin teaches a method of performing disinfection or virus inactivation in which disinfection treatment or inactivation treatment is performed in a target space that a moving body enters and exits, (par. 88: The example represents an arrangement in which one controller controls a single luminaire 711. As shown in FIG. 7, the luminaire 711 provides both general illumination and cleansing light in a room or other space),
the method comprising:
detecting a movement locus of locations where the moving body comes into contact with respective portions of furniture placed in the target space,
(par. 71: The example luminaire 601 therefore includes a camera or other sensor as the detection device 626 for use in controlling light-based cleansing operations. The detection device, for example, may detect presence of a pathogen in the air or on a surface of an area about the space or volume served by the luminaire 626 to trigger or direct the cleansing lighting output(s) from the luminaire 601. By way of another sensing example, a camera type detection device 636 might allow a controller of the luminaire 610 to identify locations in the area serviced by the luminaire 601 where occupants passing through or using the space may have touched exposed surfaces creating points of likely contamination)
and teaches using UV light for sterilization (par. 4: The cleaning examples discussed below therefore utilize a laser light source of a fairly efficient type for generating long wavelength light and a light frequency up-converter to obtain UV light of wavelengths suitable for deactivating a pathogen), but does not teach
causing a transmitter to generate an air flow and transmit a particular substance generated by a substance generator to the movement locus.
‘818 teaches a spraying device for administering a sterilizing substance to a particular location that a human has occupied (abstract: The space purification system (10) sets a specific unit (34) that specifies a target area that needs purification in the space and a target area specified by the specific unit (34) based on information about a person staying in the space. It is provided with a purification control unit (36) for locally purifying). ‘818 teaches a substance generating module and a transmission module that blows air infused with the substance toward the particular target area (pg. 2 par. 7: the purification device 40 includes, for example, a blower device 41, a sterilization device 42, an air conditioner device 43, and the like. The sterilization device 42 is, for example, a device for spraying hypochlorous acid water, but may be a device for sterilizing the taken-in air with hypochlorous acid and discharging it). Lin is for the purpose of sterilizing in medical settings (par. 2: In recent years, there have been various proposals to incorporate, in general lighting equipment, light sources specifically configured to deactivate bacteria on a surface, such as Methicillin-Resistant Staphylococcus Aureus (MRSA) on work surfaces, sinks, floors etc. of hospitals, nursing homes or the like) and so is ‘818 (pg. 2 par. 4: In recent years, there have been various proposals to incorporate, in general lighting equipment, light sources specifically configured to deactivate bacteria on a surface, such as Methicillin-Resistant Staphylococcus Aureus (MRSA) on work surfaces, sinks, floors etc. of hospitals, nursing homes or the like). ‘818 presents in improvement upon the UV sterilization of Lin because the blown hypochlorous acid not only disinfects but also prevents further growth of bacteria (pg. 2 par. 4: Purification here means purification in a broad sense, and purification includes not only sterilization or sterilization of infectious substances with hypochlorous acid, but also hindering the retention or transmission of infectious substances by blowing air). Specifically, having a layer of liquid sterilant on surfaces would prevent future bacterial growth.
Lin already teaches directing its sterilization towards a specific area (par. 71: a camera type detection device 636 might allow a controller of the luminaire 610 to identify locations in the area serviced by the luminaire 601 where occupants passing through or using the space may have touched exposed surfaces creating points of likely contamination. Such detection might be used to control one or more of the optical deflectors 520 to direct the cleansing light to apply a dosage of the UV cleansing light at the identified location(s)) and the hypochlorous acid infused air of ‘818 is already configured to be directed in a specific direction (pg. 4 last par.: for example, the purification control unit 36 directs the sterilization device 42 toward the target area as shown by arrows in FIGS. Spray the mist. The purification control unit 36 may generate an air flow toward the target region by outputting a control signal to at least one of the blower device 41 and the air conditioner device 43. The purification control unit 36 may purify the target area by using at least one of the blower device 41, the sterilization device 42, and the air conditioner device 43). As such, ‘818 provides motivation to substitute or supplement the UV sterilization means of Lin with a sterilant infused mist, since the mist would prevent future bacterial growth when condensed on a surface. This in turn would result in the controller of Lin directing the the sterilant infused air towards the points of contact that have been detected by the camera of Lin, in place of directing the UV light.
Baumgartner teaches a device for disinfecting surfaces using aerosol (abstract: An improved apparatus and methods are presented for a new and improved ultrasonic aerosol generation apparatus and air/gas and deployed aerosol movement system, which is able to increase and improve the reliability and quality of coverage and treatment of the various targeted surfaces within an enclosed space). In particular, Baumngartner teaches wherein the device is capable of directing the aerosol in a specific direction towards a target space (C8L41-46: A second intention, and without being limited, of using the downward facing fan(s) and/or blower(s), is to effectively and/or efficiently move an effective volume or mass of air/gas(s) and/or aerosol, within the treated space(s), room(s), and/or targeted area(s), in one or more of any effective directions; C15L11-19: Without being limited, the one or more of any blower(s) (85) can be effectively and suitable mounted to one or more of any suitable and effective location(s) within the aerosol generating apparatus (1), and/or to or on one or more of any suitable and effective exterior location(s) of the aerosol generating apparatus (1). Also, and without limitation, the output or air/gas(s) flow that moves from the one or more of any blower(s) (85) can be directed or pointed in one or more of any direction(s)). Furthermore, Baumgartner teaches wherein the aerosol can comprise of chlorine dioxide and/or ozone (C3L19-21: Other liquids that may also be used include, but are not limited to, any chlorine dioxide in any solution and/or ozone in any solution). Thus, Baumgartner provides a directional aerosol blowing means to fulfill the motivation provided by ‘818 of supplementing or substituting the UV sterilization means of Lin.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lin to incorporate a blower unit capable of directing chlorine dioxide and/or ozone aerosol towards a specific direction, wherein the direction is determined by the same control scheme of Lin that directs the UV radiation towards a particular movement locus contacted by humans, as taught, as taught by ‘818 and Baumgartner, in order to provide a sterilization means that not only kills germs but also prevents their spread and growth, while also potentially supplementing the sterilization provided by the UV radiation. This modification aligns the UV lights with the substance transmission, such that any sterilization operation originally performed by the UV lights is also synced and accompanied by the substance transmission.
Regarding claim 4, Lin modified by ‘818 and Baumgartner teaches method claim 1, as set forth above, and teaches wherein the particular substance comprises an ozone gas (see ‘818 and Baumgartner modification in claim 1 rejection above).
Regarding claim 5, Lin modified by ‘818 and Baumgartner teaches method claim 1, as set forth above, and teaches wherein the particular substance comprises chlorine dioxide (see ‘818 and Baumgartner modification in claim 1 rejection above).
Conclusion
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 CHANGRU CHEN whose telephone number is (571)272-1201. The examiner can normally be reached Monday-Friday 7:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth A. Robinson can be reached at (571) 272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.C./Examiner, Art Unit 1796
/KEVIN JOYNER/Primary Examiner, Art Unit 1799