DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 112
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 6, 16, 17, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the device driver sub-system" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 16, this claim depends from itself and therefore is indefinite.
Regarding claim 17, this claim depends from itself and therefore is indefinite.
Claim 20 recites the limitation "the man-made structure" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
4. 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.
5. Claim(s) 1, 3-5, and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shane et al. (WO 2019/132991 A1) (hereafter “Shane”).
Regarding claim 1, Shane discloses a multi-configuration system for decontamination (decontamination apparatus; [0106]) comprising: a general-purpose computer (computer system; [0106-0107]); a sensor package (sensor for airborne pathogens; [0106]); one or more control boards (computer system contains computer processor to control decontamination apparatus; [0106]); one or more applicators (nonthermal plasma actuator that activates a mist; [0106]); and an operator device (apparatus and computer system includes input, output, and display devices for an operator or user; [0107]); wherein the general-purpose computer is networked by one or more control board(s) to the sensor package (sensor is in networked communication with the computer at the processor; [0106]), wherein the sensor package can detect the presence of microorganisms (sensors are of type suitable for detecting contamination such as the presence of microorganisms; [0050]); and the sensor package is networked to the one or more applicators (computer processor is in networked communication with the sensor and the decontamination apparatus which contains the nonthermal plasma actuator as applicator; [0106]), wherein the one or more applicators are configured to apply a decontamination process to remove microorganisms (nonthermal plasma actuator as applicator as part of decontamination device that removes pathogens that encompasses microorganisms; [0045 & 0106-0107]); and the operator device is networked to the general-purpose computer via an application programming interface "API" gateway (the input, output, and display devices together as the operator device may include applications including GUIs through which the user interfaces with an application of the system; [0107]), wherein the operator device displays a network interface to an operator (display device as part of operator device would be configured for user to interface with system; [0107]); and the API gateway provides access to a system controller (the application including GUIs is used to control and view the system information; [0107]).
Regarding claim 3, Shane discloses the system of claim 1, wherein the system is manually controlled by one or more individuals via the operator device (the operator device containing the application including GUIs for the user to control; [0107]).
Regarding claim 4, Shane discloses the system of claim 1, wherein the system is under event driven control by the system controller, wherein the system controller receives an alert to the presence of micro-organisms (the presence of a pathogen causes the decontamination apparatus to automatically follow program instructions; [0108]).
Regarding claim 5, Shane discloses the system of claim 1, wherein the system is under remote control by one or more individuals via the operator device (application allows for remote access of system; [0107]).
Regarding claim 11, Shane discloses the system of claim 1, wherein the sensor package comprises one or more control boards networked to sensors and networked to the general-purpose computer (sensor is in networked communication with the computer at the processor; [0106]).
Regarding claim 12, Shane discloses the system of claim 1, wherein the sensors are one or more selected from the group comprising photosensors, voltaic-sensors, weight sensors, moisture sensors, and pressure sensors (sensors include photosensors, voltaic sensors, weight sensors, moisture sensors, pressure sensors; [0050]).
Regarding claim 13, Shane discloses the system of claim 1, wherein the general-purpose computer comprises a single computer control board (computer system contains computer processor to control decontamination apparatus; [0106]).
Regarding claim 14, Shane discloses a non-transitory, tangible computer-readable medium comprising instructions to decontaminate a substantially enclosed space (a non-transitory computer readable medium providing instructions for repeating decontamination cycles of a decontamination apparatus system for a substantially enclosed space; [0108]), comprising a routine of set instructions for causing a system of claim 1 to perform the steps of: detecting a micro-organism's presence in a substantially enclosed space (sensing a presence of a pathogen in a substantially enclosed space; [0108]), wherein the presence of the micro-organism is sensed by one or more sensors that are present within the substantially enclosed space (sensing a presence of a pathogen in a substantially enclosed space would require the sensor; [0108]); alerting a system controller to the presence of the micro-organism in the substantially enclosed space (communicating the presence of the pathogen to a computer database; [0108]), wherein the system controller is networked to the one or more sensors (the sensor is in networked communication with a computer processor; [0106-0107]); informing an operator device of the presence of the micro-organism in the substantially enclosed space (operator device comprising of the output device as part of the computer system is informed of the presence of the pathogens; [0106-0107]), wherein the operator device is networked to the system controller (computer system with input/output operator device is networked with the application for system control; [0107]); initiating a decontamination process to remove the presence of the micro-organism in the substantially enclosed space (software for the initiation of a decontamination process to remove pathogens in the substantially enclosed space; [0107]), wherein the decontamination process is applied by one or more applicators networked to the system controller (computer processor networks the application system controller to the decontamination apparatus which comprises the nonthermal plasma actuator as applicator; [0106-0107]), and further wherein the one or more applicators are present in the substantially enclosed space (decontamination apparatus described to mist inside an substantially enclosed space therefore the applicator would be inside the substantially enclosed space; [0106-0107]); and further wherein the system controller initiates the decontamination process by the one or more applicators after the step of ordering the initiation of a decontamination process by an event sub-system (database comprises information of detected pathogens including identity and respective decontamination cycles associated with the event of said pathogen and initiates decontamination cycle; [0108]), wherein the event sub-system is a non-transitory tangible computer-readable medium comprising a set of instructions for causing the one or more applicators to initiate the decontamination process after the one or more sensors have detected the presence of a specific micro-organism (database contains set of instructions for detected pathogens and is a non-transitory computer medium; [0107-108]).
Regarding claim 15, Shane discloses the non-transitory computer readable medium of claim 14, wherein the specific micro-organism is a pathogen (decontamination of micro-organisms compasses pathogens; [0045]).
Regarding claim 16, Shane discloses non-transitory computer readable medium of claim 15, wherein the pathogen is a targeted bioterror agent (pathogen compasses targeted bioterror agents; [0045]).
Regarding claim 17, Shane discloses the non-transitory computer readable medium of claim 16, wherein the targeted bioterror agent is selected from the group consisting of anthrax "Bacillus anthracis", plague "Yersinia pestis", and tularemia "Franciscella tularensis" (targeted bioterror agents includes, but is not limited to, anthrax, plague, and tularemia; [0046]). As per claim 18, TOMI discloses the non-transitory computer readable medium of claim 14, wherein the operator device is networked wirelessly to the system controller (computer system with input/output operator device is networked with the application for system control; [0107]).
Regarding claim 18, Shane discloses the non-transitory computer readable medium of claim 14, wherein the operator device is networked wirelessly to the system controller (computer system with input/output operator device is networked with the application for system control; [0107]).
Regarding claim 19, Shane discloses a method of controlling decontamination of a substantially enclosed space (method for decontaminating a substantially enclosed space; [0105-0108]) comprising: detecting a micro-organism's presence in a substantially enclosed space (sensing a pathogen in enclosed space; [0105]), wherein the presence of the micro-organism is sensed by one or more sensors that are present within the substantially enclosed space (sensing of the pathogen by the sensors of type voltaic would mean the sensor is within enclosed space; [0050]); alerting a system controller to the presence of the micro-organism in the substantially enclosed space (communicating the presence of the pathogen to a computer database; [0108]), wherein the system controller is networked to the one or more sensors (the sensor is in networked communication with a computer processor; [0106-0107]); informing an operator device of the presence of the micro-organism in the substantially enclosed space (operator device comprising of the output device as part of the computer system is informed of the presence of the pathogens; [0106-0107]). wherein the operator device is networked to the system controller (computer system with input/output operator device is networked with the application for system control; [0107]); initiating a decontamination process to remove the presence of the micro-organism in the substantially enclosed space (software for the initiation of a decontamination process to remove pathogens in the substantially enclosed space; [0107]), wherein the decontamination process is applied by one or more applicators networked to the system controller (computer processor networks the application system controller to the decontamination apparatus which comprises the nonthermal plasma actuator as applicator; [0106-0107]), and further wherein the one or more applicators are present in the substantially enclosed space (decontamination apparatus described to mist inside an substantially enclosed space therefore the applicator would be inside the substantially enclosed space; [0106-0107]); and further wherein the system controller initiates the decontamination process by the one or more applicators after the steps of either: (1) ordering the initiation of a decontamination process from the operate device; or (2) ordering the initiation of a decontamination process by an event sub-system, wherein the event sub-system is a non-transitory tangible computer-readable medium of claim 14 (a non-transitory computer readable medium providing instructions for repeating decontamination cycles of a decontamination apparatus system for a substantially enclosed space; [0108]).
Regarding claim 20, Shane discloses the method of claim 19, wherein the substantially enclosed space is a man-made structure, wherein the man-made structure is an office building (enclosed space means man-made structure and decontamination device can be used in an office; [0049 & 0066]).
Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 2 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shane as applied to claim 1 above, and further in view of Rosenbloom et al. (US 2014/0046722 A1) (hereafter “Rosenbloom”).
Regarding claim 2, Shane discloses the system of claim 1, wherein the system controller comprises a set of subsystems (software as part of the application may include multiple modules for operation and execution of system; [0106-0108]), and wherein the set of sub-systems are linked by a bi-directional interface to the controller (the application with the GUIs would provide a bi-directional interface for control by a user; [0107]); and a device driver sub-system, wherein the device driver sub-system networks by a unidirectional interface to the sensor package and the applicators (a computer database communicates between sensors and the decontamination apparatus to follow a program; [0108]). Shane fails to disclose the set of sub-systems comprises: an alerts sub-system, wherein when the sensor package detects the presence of a micro-organism and then the alerts sub-system alerts the operator by a display on the network interface.
Rosenbloom discloses the set of sub-systems comprises: an alerts sub-system (alert subsystem at step 212; Fig. 2; [0097]), wherein when the sensor package detects the presence of a micro-organism and then the alerts sub-system alerts the operator by a display on the network interface (alert subsystem at step 212 notifies user, via display, of results of sensor systems which monitors the presence of micro-organisms; Fig. 2; [0097, 0106, and 0130]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of Shane so that the set of sub-systems comprises: an alerts sub-system, wherein when the sensor package detects the presence of a micro-organism and then the alerts sub-system alerts the operator by a display on the network interface as taught by Rosenbloom to allow manual activation of decontamination device, and asses severity of a problem to correlate to a corrective action, such as re-clean, re-test, or quarantining food in a facility (Rosenbloom [0113]).
Regarding claim 6, Shane in view of Rosenbloom discloses the system of claim 2. Shane further discloses wherein the applicators begin a decontamination cycle when instructions are received from the system controller via the device driver sub-system (the application containing the database driver communicates with sensors to initiate decontamination instruction of the decontamination apparatus; [0108]).
Regarding claim 7, Shane in view of Rosenbloom discloses the system of claim 2. Shane further discloses wherein the set of sub-systems further comprises an events sub-system (database comprises information of detected pathogen including identity and respective decontamination cycles associated with the event of said pathogen; [0108]).
Regarding claim 8, Shane in view of Rosenbloom discloses the system of claim 2. Shane fails to disclose wherein the set of sub-systems further comprises a reporting sub-system. Rosenbloom discloses wherein the set of sub-systems further comprises a reporting sub-system (result module at step 210; Fig. 2; [0095]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of Shane wherein the set of sub-systems further comprises a reporting sub-system as taught by Rosenbloom to assess corrective actions, and compile required data sets graphs, tables, and reports in communication with alerts (Rosenbloom [0095]).
Regarding claim 9, Shane in view of Rosenbloom discloses the system of claim 2. Shane further discloses wherein the set of sub-systems further comprises a configuration sub-system (configuration subsystem as part of the processors for configuration of the servers; [0107]).
Regarding claim 10, Shane in view of Rosenbloom discloses the system of claim 2. Shane fails to disclose wherein the set of sub-systems further comprises a software development kit. Rosenbloom discloses wherein the set of sub-systems further comprises a software development kit (a software application interfaced and synced with IT infrastructure for generating reports; [0092]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of Shane wherein the set of sub-systems further comprises a software development kit as taught by Rosenbloom to more readily track trends and perform analytics (Rosenbloom [0092]).
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN E CONLEY whose telephone number is (571)272-8414. The examiner can normally be reached on M-F, 8:30am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Marcheschi can be reached on 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/SEAN E CONLEY/Primary Examiner, Art Unit 1799
Prosecution Insights