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 § 102
2. 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.
3. Claim(s) 1, 5-8, 11-15, and 18-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weltmann et al. (US 2016/0220714 A1) ) (hereinafter " Weltmann ").
Regarding claim 1, Weltmann discloses a device (a disinfection device; abstract) comprising: a housing having walls defining an opening therethrough (a disinfection region 5 (housing) is preferably embodied as a container open only on one side, the region being defined by side walls 8 which have nozzles 4 (an inlet/opening); [0035]), the opening configured to allow a gas or aerosol to pass from an inlet, through the housing, to an outlet (aerosol-containing plasma stream P is then introduced into the disinfection region 5 by way of the nozzles 4 (inlet); disinfection region 5 may have an outlet 15; [0036] [0051]); and a dielectric barrier discharge "DBD" element positioned in the opening or covering an end of the opening (a plasma ion source for generating a dielectric barrier discharge may serve as plasma generator 2 is positioned before the inlet nozzle 4; [0038]), the DBD element configured to generate a plasma and configured to allow the gas or aerosol to pass along or through a surface of the DBD element (an aerosol stream A, which is generated by atomizing a fluid F by way of the ultrasonic atomizer, can be mixed with the plasma stream P; plasma generator 2 may be surface DBD sources; [0038]).
Regarding claim 5, Weltmann discloses the device according to claim 1, wherein the gas or aerosol is a gas (The disinfection device may comprise a pump which is communicatively connected to the disinfection region to guide an air stream (gas) into the disinfection region; [0022]).
Regarding claim 6, Weltmann discloses the device according to claim 1, wherein the gas or aerosol comprises an aerosol (an aerosol generator for generating an aerosol stream containing aqueous particles; [0009]).
Regarding claim 7, Weltmann discloses the device according to claim 1, wherein the DBD element is coupled to at least a portion of an inner surface of the walls defining the opening therethrough (plasma generator 2 may be a surface dielectric barrier discharge source, which would be coupled to the inner surface of walls; [0038]).
Regarding claim 8, Weltmann discloses a system comprising: a device according to claim 1 (a disinfection device (device of claim 1); abstract) : a power supply operably coupled to the device (the plasma generator should be supplied with voltage; a power supply V is coupled to plasma generator 2 as illustrated in figure 5; Fig 5, [0021]); an inlet channel configured to be operably connected to the inlet and provide a path directing at least one source of a gas or aerosol to the device (by way of a plasma supply line 3 and nozzles 4, the plasma gas stream P is introduced into a disinfection region 5; [0035]); and an outlet channel configured to be operably connected to the outlet and provide a path for a plasma-activated gas or aerosol to be transported away from the device (an outlet 15 is coupled to the disinfection region 5 in order to transport air from the disinfection region to an exhaust channel out of the system; Fig 5, [0051]).
Regarding claim 11, Weltmann discloses the system according to claim 8, further comprising a heating and/or cooling element positioned in the outlet channel (outlet 15 is coupled to a condensate separator 16, which e.g. can be realized with Peltier cooling, to reduce the moisture content; [0051]).
Regarding claims 12 and 13, Weltmann discloses the system according to claim 8. These limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Weltmann and the apparatus of Weltmann is capable of receiving return air from an indoor space and fresh air from an outdoor space via the air inlet, and the outlet channel is capable of returning air to the indoor space via the outlet. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Weltmann (see MPEP §2114).
NOTE: this is a recitation of intended use, and so long as the prior art structure reads on the instant claimed structure, this limitation would be met because the same structure would be capable of the same function; in this case, the structure as claimed is capable of being used with different sources of inlet air.
Regarding claim 14, Weltmann discloses the system according to claim 8, wherein the inlet channel is coupled to a source of a liquid (the aerosol generator (coupled to the inlet channel) is configured to atomize a liquid; [0013]).
Regarding claim 15, Weltmann discloses the system according to claim 14, further comprising a nebulizer or atomizer configured to utilize the source of the liquid to generate an aerosol (the aerosol generator has an atomizer unit for atomizing a liquid; [0013]).
Regarding claim 18, Weltmann discloses a method for air and aerosol decontamination (aerosol and gas stream plasma disinfection device; abstract), comprising: providing a device according to claim 1 (a disinfection device (device of claim 1); abstract); generating a plasma by causing a current to pass across the device (the disinfection process can be optimized by regulating the process parameters such as the electric current and voltage being used for plasma generation; [0047]); and allowing a gas or an aerosol to pass into an inlet of the device, through the plasma, and out of an outlet (aerosol-containing plasma stream P is then introduced into the disinfection region 5 by way-of the nozzles 4 (inlet); disinfection region 5 may have an outlet 15; [0036] [0051]).
Regarding claim 19, Weltmann discloses a kit comprising: a device according to claim 1 (a disinfection device (device of claim 1); abstract); a filter (aerosol generator 9 may comprise filter plates with a defined porosity; [0053]); and a fan (the disinfection device preferably has a fan which is communicatively connected to the disinfection region in order to guide an air stream into the disinfection region; [0022]).
Regarding claim 20, Weltmann discloses the kit according to claim 19, further comprising a heating and/or cooling element (it is particularly advantageous if the fan is connected to a heating apparatus for heating the air stream caused by the fan; [0023]).
Regarding claim 21, Weltmann discloses a kit comprising: a device according to claim 1 (a disinfection device (device of claim 1); abstract); a liquid source or reservoir for liquid (as illustrated in Figure 1, a reservoir F may be placed within aerosol generator 9 for the fluid to be used by the atomizer; Fig 1, [0036]); a nebulizer or atomizer (an aerosol stream A, which is generated by atomizing a fluid F by way of an ultrasonic atomizer; [0036]); and a power supply (the plasma generator should be supplied with voltage; a power supply V is coupled to plasma generator 2 as illustrated in figure 5; Fig 5, [0021]).
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Weltmann as applied to claim 8 above.
Regarding claim 17, Weltmann discloses the system according to claim 8. Weltmann fails to disclose wherein the system is portable. However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Weltmann such that the system is portable in order for the system to be moved from place to place within a building, such as different rooms, or travel with a person inside and around their home.
6. Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Weltmann as applied to claim 8 above, and further in view of Tyner et al. (US 2022/0125971 A1).
Weltmann is set forth above with regard to claim 8 but does not appear to disclose a fan or filter positioned in the outlet channel. Tyner et al. discloses an apparatus for generating a plasma to treat air and surfaces. The apparatus includes a fan and filter in the outlet channel to evacuate the treatment chamber and also filter the air before it exits the apparatus (see figure 5; para [0017]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Weltmann such that the outlet channel has a fan and filter located downstream of the plasma generator and treatment area in order to evacuate the treatment chamber and filter the air before it exits the device as taught by Tyner et al.
7. Claim(s) 3-4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Weltmann as applied to claims 1 and 8 above and further in view of Louis et al. (US 2021/0393827 A1).
Regarding claim 3, Weltmann discloses the device according to claim 1. Weltmann fails to disclose wherein the DBD element comprises a plurality of conductive wires configured in a mesh or mesh-like pattern. Louis et al. discloses wherein the DBD element comprises a plurality of conductive wires configured in a mesh or mesh-like pattern (the electrode 204 is made from a flexible conductive material embedded in the mitt 202 and may contain carbon nanowires (conductive wire mesh); [0041]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Weltmann such that that dielectric barrier discharge element comprises a wire mesh because of its mechanical properties as well as its conductivity and elasticity as taught by Louis et al.
Regarding claim 4, Weltmann discloses the device according to claim 1. Weltmann fails to disclose wherein the DBD element comprises a plurality of electrodes. Louis et al. discloses wherein the DBD element comprises a plurality of electrodes (plasma generator 1204 may include more than 1 electrode and one or more dielectric barriers; [0063]), wherein at least one electrode comprises a plurality of small diameter high aspect ratio fibers (the electrode 204 may comprise carbon nanotubes (high aspect ratio fibers); [0041]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Weltmann such that the DBD element comprises a plurality of electrodes with small diameter fibers because of their extremely high electrical conductivity and tensile strength, as taught by Louis et al.
Regarding claim 16, Weltmann discloses the system according to claim 8. Weltmann fails to disclose wherein the power source is a battery. Louis et al. discloses wherein the power source is a battery (the power supply may be a battery; [0034]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Weltmann such that the power source is a battery as taught by Louis et al. to allow quickly interchangeable power supplies and recharging of portable power supplies.
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