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
Claim Rejections - 35 USC § 102
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 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 1-15, 17, 19, 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaestner et al. (US 3,819,329).
Regarding claims 1 and 22, Kaestner et al. discloses a portable cleaning solution and hypochlorous acid generating device (Fig.1:20; col.1, lines 9-13) comprising:
a supply tank (Fig.1:52) arranged to contain a feeder solution comprising a mixture of
water, sodium chloride and acetic acid (col.6, lines 1-6) therein;
an electrolytic cell (Fig.1:70) comprising (i) a chamber (Fig.3:86), (ii) an inlet (Fig.3:66) in communication between the chamber and the supply tank (Fig.1:63) so as to be arranged to receive the feeder solution through the inlet into the chamber from the supply tank, (iii) two or more electrodes (Fig.3:91 and 92) supported within the chamber (Fig.3:85) so as to be arranged to produce a hypochlorous acid solution from the feeder solution by electrolysis, and (iv) a liquid outlet (Fig.3:69) arranged to discharge the hypochlorous acid solution from the chamber through the liquid outlet;
a pump (Fig.1:58) in communication with the liquid outlet of the electrolytic cell to
produce a pressurized flow of the hypochlorous acid solution;
an atomizing nozzle (Fig.1:30) in communication with the pump so as to be arranged to
receive the pressurized flow of the hypochlorous acid solution and discharge the pressurized
flow of the hypochlorous acid solution as an atomized mist (col.4, lines 26-58);
a controller (Fig.1:64) arranged to actuate the electrodes of the electrolytic cell to
produce the hypochlorous acid solution in the chamber when the pump (Fig.1:58) is actuated to
a supply tank (Fig.1:52) arranged to contain a feeder solution;
an electrolytic cell (Fig.1:70) comprising (i) a chamber (Fig.3:86), (ii) an inlet (Fig.3:66) in communication between the chamber and the supply tank (Fig.1:63) so as to be arranged to receive the feeder solution through the inlet into the chamber from the supply tank, (iii) two or more electrodes (Fig.3:91 and 92) supported within the chamber (Fig.3:85) so as to be arranged to produce the cleaning solution from the feeder solution by electrolysis, and (iv) a liquid outlet (Fig.3:69) arranged to discharge the cleaning solution from the chamber through the liquid outlet;
a pump (Fig.1:58) in communication with the liquid outlet of the electrolytic cell to
produce a pressurized flow of the cleaning solution;
an atomizing nozzle (Fig.1:30) in communication with the pump so as to be arranged to
receive the pressurized flow of the cleaning solution and discharge the pressurized flow of the
cleaning solution as an atomized mist (col.4, lines 26-58); and
a controller (Fig.1:64) arranged to actuate the electrodes of the electrolytic cell to
produce the cleaning solution in the chamber when the pump (Fig.1:58) is actuated to discharge the
atomized mist from the atomizing nozzle.
Regarding claim 2, Kaestner et al. discloses that the device further comprising a trigger switch (Fig.1:80) that is capable of being operatively connected to the controller, the controller being arranged to operate the pump and the electrodes of the electrolytic cell together in response to actuation of the trigger switch (col.5, lines 65-67 through col.6, lines 1-22).
Regarding claim 3, Kaestner et al. discloses that the device further comprising a user input (Fig.2:27) in communication with the controller (Fig.1:110) so as to be arranged to receive a selected hypochlorous acid concentration input from a user, wherein the controller (col.4, lines 35-48) is arranged to adjust voltage applied to the electrodes of the electrolytic cell in response the hypochlorous acid concentration input received by the controller whereby a concentration of hypochlorous acid within the hypochlorous acid solution can be adjusted.
Regarding claim 4, Kaestner et al. discloses that the device further comprising a feeder solution sensor (Fig.1:112) in communication with the controller, wherein the feeder solution sensor is arranged to measure electrical conductivity of the feeder solution in the supply tank, and wherein the controller (Fig.1:64) is capable of being arranged to adjust voltage applied to the electrodes of the electrolytic cell in response to the measured electrical conductivity so as to maintain a consistent output of the hypochlorous acid solution from the chamber.
Regarding claim 5, Kaestner et al. discloses that the supply tank (Fig.1:75) is supported at least partly above the electrolytic cell (Fig.1:70), and wherein the inlet of the chamber is arranged to receive the feeder solution from the supply tank (Fig.1:75) under force of gravity alone.
Regarding claim 6, Kaestner et al. discloses that the electrolytic cell further comprises a
gas outlet (Fig.1:31) at a top end of the chamber, the gas outlet being arranged to discharge gas from the chamber through the gas outlet, the gas outlet including a discharge valve arranged to prevent discharge of fluid therethrough in response to a level of the hypochlorous acid solution in the chamber being at or above a prescribed upper limit.
Regarding claim 7, Kaestner et al. discloses that the discharge valve comprises a float movable (Fig.1:81) with an operating level of the hypochlorous acid solution in the chamber and wherein the discharge valve is arranged to close in response to the float being displaced by the operative level of the hypochlorous acid solution up to said prescribed upper limit.
Regarding claim 8, Kaestner et al. discloses that wherein the inlet (Fig.1:76) is located at a top of the chamber, wherein the liquid outlet (Fig.1:57) is located at a bottom of the chamber, and wherein the electrolytic cell further comprises baffles (Fig.3:104) supported within the chamber between the inlet above and the liquid outlet below.
Regarding claim 9, Kaestner et al. discloses that wherein the electrodes (Fig.3:91 and 92) comprise first and second electrode plates mounted parallel (col.6, lines 38-67 through col.7, lines 1-25) to one another within the chamber such that inner side surfaces of the electrode plates define a prescribed electrode gap therebetween and an opposing outer side surface of each electrode plate faces outwardly away from the other electrode plate, and wherein the baffles (Fig.3:104) comprise insulated members mounted adjacent the outer side surface of at least one of the electrode plates.
Regarding claim 10, Kaestner et al. discloses that the baffles (Fig.3:104) extend upwardly and inwardly from respective opposing side edges of said at least one of the electrode plates towards an upright flow path extending along said at least one of the electrode plates at an intermediate location between the opposing side edges whereby a flow of gasses produced on said at least one of the electrode plates is directly upwardly and inwardly towards the upright flow path by the baffles.
Regarding claim 11, Kaestner et al. discloses that the baffles (Fig.3:104) protrude perpendicularly outwardly from the outer side surface of said at least one of the electrode plates.
Regarding claim 12, Kaestner et al. discloses that the electrode plates (Fig.3:91 and 92) comprise a perforated sheet material (col.6, lines 38-67 through col.7, lines 1-25), and wherein the baffles are formed of an insulating material abutted against the outer side surface of said at least one of the electrode plates.
Regarding claim 13, Kaestner et al. discloses that wherein each baffle (Fig.3:104 occupies a full depth protruding perpendicularly outward from the outer side surface of said at least one of the electrodes plates (Fig.3:91 and 92) to a corresponding boundary wall of the chamber.
Regarding claim 14, Kaestner et al. discloses that the pump (Fig.1:77) is mounted adjacent to the electrolytic cell (Fig.1:70), and wherein the pump and the electrolytic cell are connected by a vibration transmitting structure (col.6, lines 38-67 through col.7, lines 1-25) whereby vibration from the pump assists in releasing gas bubbles from the electrodes to improve electrode to fluid contact efficiency.
Regarding claim 15, Kaestner et al. discloses that the device further comprising:
a conductive member (Fig.1:124) supported in proximity the atomizing nozzle (Fig.1:30); and
a transformer (Fig.1:116) operatively connected to the conductive member so as to be arranged to charge the conductive member and transfer electric charge to the atomized mist discharged by the atomizing nozzle;
wherein the transformer (Fig.1:116) is supported adjacent to the atomizing nozzle and spaced from the controller.
Regarding claim 17, Kaestner et al. discloses that the device further comprising: (i) a main housing (Fig.2:20) supporting the supply tank, the electrolytic cell and the pump thereon, (ii) a handheld housing (Fig.2:41) supporting the atomizing nozzle and the transformer thereon, and (iii) a flexible line (Fig.2:32 and 37)tethering the handheld housing to the main housing, the flexible line being in communication between the pump and the atomizing nozzle to communicate the pressurized flow of the hypochlorous acid solution from the pump to the atomizing nozzle therethrough.
Regarding claim 19, Kaestner et al. discloses that the controller (Fig.1:110) is arranged to cease operation of the pump and actuation of the electrodes of the electrolytic cell in response to voltage and current applied to the electrolytic cell by the controller meeting a prescribed limit stored on the controller (col.7, lines 26-44).
Regarding claim 21, Kaestner et al. discloses that wherein:
the electrolytic cell (Fig.1:70 and Fig.2:20) is supported on a main housing;
the supply tank (Fig.1:52 and Fig.2:20) is movable from a mounted position on the main housing to a released position separated from the main housing; and
the supply tank (Fig.1:52) includes a coupling valve (col.5, lines 15-32) supported on an outlet of the supply tank in which the coupling valve is biased to a closed position when the supply tank is in the
released position and in which the coupling valve is arranged to be displaced to an open position to allow communication of the feeder solution to the chamber of the electrolytic cell responsive to mounting of the supply tank onto the main housing in the mounted position.
Regarding claim 23, Kaestner et al. discloses that the feeder solution comprises a mixture of water, sodium chloride and acetic acid therein (col.5, lines 65-67 through col.6, lines 1-22), and wherein the electrolytic cell is arranged to produce the cleaning solution from the feeder solution by electrolysis such that the cleaning solution comprises a hypochlorous acid solution (col.8, lines 11-54).
Regarding claim 24, Kaestner et al. discloses that the feeder solution comprises a mixture of water and potassium carbonate therein (col.5, lines 65-67 through col.6, lines 1-22), and wherein the electrolytic cell is arranged to produce the cleaning solution from the feeder solution by electrolysis such that the cleaning solution comprises a degreasing solution (col.8, lines 11-54).
Allowable Subject Matter
Claims 16, 18, and 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 following is a statement of reasons for the indication of allowable subject matter: The primary reasons for indicating allowable subject matter in claims 16, 18, and 20 are the inclusions of the following: an air duct and a fan; a pH sensor, and a battery. The closest prior art of record (Kaestner et al.), and upon additional searches do not teach or fairly suggest adding an air duct/fan, a pH sensor, and a battery to the combined structural limitations of the device of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONZER R CHORBAJI whose telephone number is (571)272-1271. The examiner can normally be reached M-F 5:30-12:00 and 6:00-9:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jill J Warden can be reached at (571)272-1267. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONZER R CHORBAJI/Primary Examiner, Art Unit 1799
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