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
This is a first action on the merits for this regular application filed on 09/25/2024
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.
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.
Claims 1-2, 5, 11-12, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Special (US 2,569,079) in view of Shengguang et al. (US 2009/0193676 A1).
Regarding claims 1, 11, and 20; Special discloses a footwear treatment system (Fig.1) and a method (col.4, lines 16-32) of treating footwear, comprising:
a pair of elongate supports (Fig.1:16 and 17), each elongate support including a cylindrical
footwear extension region (Fig.3:16, 17, 30, 31, 40, and 41) configured to be inserted into and hold a footwear item (Fig.2) in an approximately vertical orientation;
at least one ultraviolet light source (Fig.1:12) configured to emit ultraviolet light directed into
an interior of the footwear item (Fig.2) using the corresponding elongate support;
an elongate support structure (Fig.1:16 and 17) including a plurality of elongate supports, wherein each elongate support is configured to support one of a plurality of footwear items (Fig.2);
at least one ultraviolet light source (Fig.1:12) configured to emit ultraviolet light directed into
an interior of each of the plurality of footwear items using the elongate support structure;
each of which is supporting a footwear (Fig.1:16 and 17) item in an approximately vertical orientation; and
emitting ultraviolet light (col.4, lines 16-32) from at least one ultraviolet light source into an interior of each footwear item using the corresponding elongate support.
Special appears silent to disclose the use of an air circulation component; filtration component; and a computing unit.
Shengguang et al. discloses a shoe treatment apparatus (Fig.2) and a method of treating shoes [0022-0024] that includes an air circulation component (Fig.2:16a and 13; [0017]) in order to dry and sanitize the interior of shoes [0001]; a filtration component (Fig.1:16b) in order to keep out particles from entering the return air duct with airflow; and a computing unit [0019] in order to control the components of the apparatus [0019]. In addition, Shengguang et al. teaches controlling the circulating and emitting based on an amount of time [0019] and a treatment dose [0022-0023]. 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 to add Shengguang et al. air circulation component, the filtration component, and the computing unit to Special apparatus/method in order to dry and sanitize the interior of shoes while keeping out particles from entering the return air duct with airflow, and a computing unit to control the components of the apparatus.
Regarding claims 2 and 14, Special discloses a treatment housing (unlabeled space as shown in Fig.3) and that the cylindrical footwear extension region (Fig.3:16, 17, 30, 31, 40, and 41) of each elongate support that is located within the treatment housing (Fig.3:16 and 17) includes a hollow interior (Fig.3:16 and 17), and wherein at least a portion of a surface defining the hollow interior reflects (col.3, lines 11617) the ultraviolet light.
Regarding claim 5, Special discloses a treatment housing (Fig.1:29), wherein the pair of elongate supports (Fig.1:16 and 17) is located within an interior of the treatment housing.
Regarding claim 12, Special appears silent to disclose the use of a filtration component.
Shengguang et al. discloses a shoe treatment apparatus (Fig.2) and a method of treating shoes [0022-0024] that includes a filtration component (Fig.1:16b) in order to keep out particles from entering the return air duct with airflow. 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 to add Shengguang et al. the filtration component to Special system in order to keep out particles from entering the return air duct with airflow.
Claims 3-4, 6, 8-10, 13, 15-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Special (US 2,569,079) in view of Shengguang et al. (US 2009/0193676 A1) as applied to claims 1, 5, 11, 14, and further in view of Gil et al. (US 8,696,985 B2).
Regarding claims 3-4 and 13; the combined Special system appears silent to disclose the use of a computing unit and the use of a footwear sensor.
Gil et al. discloses a footwear sterilization system (Fig.1:10) that includes a computing unit (Fig.8:100 and col.10, lines 29-47) in order to control operation of the system, and a footwear sensor (Fig.4:90, 95, and 95; col.11, lines 58-63) in order to provide tracking and reporting features (col.2, lines 44-46). 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 to add Gil et al. computing unit/footwear sensor to the combined Special system in order to control operation of the system, and to provide tracking and reporting features.
Regarding claim 8, the combined Special system appears silent to disclose a structure on which each elongate support is removably mounted, wherein a mounting location on the structure for each elongate support includes a communications and/or control interface.
Gil et al. discloses a footwear sterilization system (Fig.1:10) that includes a structure (Fig.4:21) on which each elongate support (Fig.4:80 and 82) is removably mounted (Fig.7:80 and 82), wherein a mounting location on the structure for each elongate support includes a communications and/or control interface (Fig.4:90 and 92; col.6, lines 31-42) in order to sense the presence of a user’s foot (col.6, lines 31-32). 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 to add Gil et al. removably mounted support/communications/control interface to the combined Special system in order to sense the presence of a user’s foot.
Regarding claims 6, 9, 15, and 18; the combined Special system appears silent to disclose the use of a door sensor, the use of a humidity sensor, and the use of a computing unit.
Gil et al. discloses a footwear sterilization system (Fig.1:10) that includes a door sensor (col.7, lines 41-43) in order to detect when the door is open to prevent leakage of radiation when the door is ajar or open, a humidity sensor (col.12, lines 10-15) in order to determine the environmental factors, and a computing unit (Fig.8:100 and col.10, lines 29-47) in order to control operation of the system. 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 to add Gil et al. door sensor to prevent leakage of radiation and a humidity sensor to determine the environmental factors and a computing unit in order t control operation of the system.
Regarding claims 10, 16, and 19; the combined Special system appears silent to disclose the use of an output device, the use of an evaluation component, and the use of a computing unit.
Gil et al. discloses a footwear sterilization system (Fig.1:10) that includes an output device (Fig.1A:7a-7c) in order to identify the identity of a person who is operating the system (col.4, lines 48-51), an evaluation component (Fig.8:140) in order to obtain information regarding the amount of exposure time (col.12, lines 7-11), and a computing device (Fig.8:100 and col.10, lines 29-47) in order to control operation of the system. 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 to add Gil et al. output device/evaluation component/computing device to the combined Special system in order to identify the identity of a person who is operating the system, and to obtain information regarding the amount of exposure time, while controlling operation of the system.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Special (US 2,569,079) in view of Shengguang et al. (US 2009/0193676 A1) as applied to claim 1, and further in view of Ullman (US 8,466,433 B2).
The combined Special system appears silent to disclose the use of a photocatalyst coating at least one surface of the footwear support structure.
Ullman discloses a footwear sanitizing and deodorizing system (Fig.11:100) where the structure includes a photocatalyst coating (col.6, lines 4-15) at least one surface of the footwear support structure since titanium dioxide coating causes photocatalytic reaction with UV light emitted by germicidal bulb (col.6, lines 4-8). 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 to add Ullman titanium dioxide coating to the combined Special system since titanium dioxide coating causes photocatalytic reaction with UV light emitted by germicidal bulb.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Special (US 2,569,079) in view of Shengguang et al. (US 2009/0193676 A1) as applied to claim 1, and further in view of Jun et al. (US 2023/0255433 A1).
The combined Special system appears silent to disclose the use of an odor sensor.
Jun et al. discloses a shoe care system (Fig.2:100) that includes the use of an odor sensor (Fig.18:1885; [0250-0251]) in order to detect environmental information inside the container [0251]. Jun et al. odor sensor is configured to detect a compound associated with odor. 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 to add Jun et al. odor sensor to the combined Special system in order to detect environmental information inside the treatment chamber.
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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/MONZER R CHORBAJI/Primary Examiner, Art Unit 1799
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