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 .
Election/Restrictions
2. During a telephone conversation with attorney Benjamin D. Kirk on July 21, 2026, a provisional election was made without traverse to prosecute the invention of a disinfection system for a wheelchair, claim 1-17. Affirmation of this election must be made by applicant in replying to this Office action. Claim 18-20 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “26” in fig. 6 has been used to designate both the arm rests 16 and the rear wall 26. In addition, based on the current spatial orientation in Fig. 6, it should be exit door 36 instead of rear wall 26 that is opposite to the entry door 32. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Appropriate correction is required.
Claim Objections
3. Claim 1 is objected to because of the following informalities:
Claim 1 recites “an enclosure configured to receive the wheelchair therein” and then introduces that “wherein the enclosure is configured to receive the wheelchair therein”. The applicant recites the same limitation twice creating redundancy.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 10-11, 13-14 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.
6. Regarding claim 10:
Claim 10 recites “the plurality of disinfection lamps”, which lacks antecedent basis. None of claims 1, 3, 4 that claim 10 depends on introduce a plurality of disinfection lamps.
7. Regarding claim 11:
Claim 11 recites “the bottom of the enclosure”, which lacks antecedent basis since a bottom of the enclosure is never introduced.
8. Regarding claim 13:
Claim 13 recites “the at least one disinfecting lamp”, which lacks antecedent basis. It is unclear if the at least one disinfecting lamp refers to the at least one disinfection lamp recited in claim 1 or not.
9. Regarding claim 14:
Claim 14 recites “the plurality of disinfection lamps”, which lacks antecedent basis. It is unclear if the plurality of disinfection lamps refers to the plurality of disinfecting lamps recited in claim 13 or not.
In addition, claim 14 recites “the second wall”, which lacks antecedent basis. It is unclear if the second wall refers to the second side wall recited in claim 13 or not.
Claim Rejections - 35 USC § 102
10. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
11. Claims 1-2 are rejected under 35 U.S.C 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Fletcher (US 20140158910).
12. Regarding claim 1:
Fletcher teaches a disinfection system for a wheelchair (fig. 5), the disinfection system comprising: an enclosure configured to receive the wheelchair therein ([0011] teaches a sanitizing system with a housing having an interior chamber and that items such as wheel chairs are moved into and out of the interior chamber); and at least one disinfection lamp disposed within the enclosure ([0011] teaches ultraviolet light within the housing), wherein the enclosure is configured to receive the wheelchair therein ([0011] teaches a sanitizing system with a housing having an interior chamber and that items such as wheel chairs are moved into and out of the interior chamber).
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13. Regarding claim 2:
Fletcher teaches the disinfection system of claim 1, wherein the enclosure comprises a pair of sidewalls that are spaced along a horizontal axis ([0036] fig. 5, the walls with latching mechanism 8 and mating part 9 for latching mechanism 8 corresponds to the pair of sidewalls), wherein the pair of sidewalls are movably coupled to each other about and between a retracted configuration and an expanded configuration ([0036] fig. 6 teaches that the unit is an expandable and collapsible unit).
14. Claims 1, 3, 12 are rejected under 35 U.S.C 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Townsend (US 20210023248).
15. Regarding claim 1:
Townsend teaches a disinfection system for a wheelchair (fig. 1), the disinfection system comprising: an enclosure configured to receive the wheelchair therein ([0021] teaches apparatus 10 disinfects items placed in its interior chamber 12. [0004] teaches disinfecting large equipment such as wheelchairs); and at least one disinfection lamp disposed within the enclosure ([0025] teaches that UVC lamps are disposed above ceiling 22 and direct their light down through openings defined by ceiling 22 into interior chamber 12. Since the openings provide the lamps access to the interior chamber 12, the lamps are considered to be within the enclosure), wherein the enclosure is configured to receive the wheelchair therein ([0021] teaches apparatus 10 disinfects items placed in its interior chamber 12).
16. Regarding claim 3:
Townsend teaches the disinfection system of claim 1. Townsend further teaches that wherein the enclosure comprises a front wall, a rear wall, a top wall extending between the front wall and the rear wall ([0022] teaches that interior chamber 12 is defined by a ceiling 22, a pair of side walls 20, a front wall 24. See labeled fig. 1 below, the side wall with a door attached corresponds to the rear wall, and the wall opposite to the rear wall corresponds to the front wall), and an entry door pivotably secured to one of the front wall and the rear wall ([0022] teaches the front wall 24 includes the interior surface of door 14 when door 14 is closed. Door 14 is connected with hinges. As shown in labeled fig. 1 below, the door is secured to the rear wall).
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17. Regarding claim 12:
Townsend teaches the disinfection system of claim 3. Townsend further teaches that wherein the enclosure further comprises a side wall extending downwardly from the top wall and between the front wall and the rear wall ([0022] teaches rear wall 18 corresponding to the side wall, which extends downwardly from the ceiling 22. The rear wall 18 is also between the pair of side walls 20).
18. Claims 1, 3-6, 11, 16-17 are rejected under 35 U.S.C 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by West (US 20220062476).
19. Regarding claim 1:
West teaches a disinfection system for a wheelchair (See fig. 1. Disinfecting the wheelchair is the intended use of the system and carries no patentable weight. The disinfection system of West is capable of disinfecting wheelchair although West primarily disinfects shopping carts), the disinfection system comprising:
an enclosure configured to receive the wheelchair therein (the wheelchair is the object to be received by the disinfection system and does not carry patentable weight as long as the enclosure is capable of receiving the wheelchair. [0035] teaches a housing 12 defining a chamber 20 that is capable of receiving a wheelchair); and at least one disinfection lamp disposed within the enclosure ([0040]-[0044] teaches UV light sources in the chamber 20), wherein the enclosure is configured to receive the wheelchair therein ([0035] teaches a housing 12 that is capable of receiving a wheelchair).
20. Regarding claim 3:
West teaches the disinfection system of claim 1, wherein the enclosure comprises a front wall, a rear wall, a top wall extending between the front wall and the rear wall (fig. 1, element 17, [0043] teaches the top 17 corresponding to the top wall. [0041] fig. 7 teaches that the first and second side walls 32, 34 could be provided by the sides 13, 15. Side wall 34 corresponds to the rear wall, and side wall 32 corresponds to the front wall), and an entry door pivotably secured to one of the front wall and the rear wall ([0036] teaches a first door 22 hingedly mounted adjacent the first end 14, which is attached to the side wall 34 on side 15).
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21. Regarding claim 4:
West teaches the disinfection system of claim 3, wherein the enclosure further comprises an exit door pivotably secured to the one of the front wall or the rear wall ([0037] teaches a second door at a second end, allowing carts to exit the chamber via the second door. [0036] teaches that the second door is hingedly mounted adjacent the second end 16. The door is hinged on side 15 as shown in fig. 1).
22. Regarding claim 5:
West teaches the disinfection system of claim 4, wherein the entry door and the exit door are both pivotably secured to the rear wall of the enclosure (as shown in figs. 1, 3 and 7, both doors 22 and 24 are attached to side 15, which corresponds to the side of rear wall, opposite to the side of the push bar 44 taught in [0047]).
23. Regarding claim 6:
West teaches the disinfection system of claim 5, wherein the at least one disinfection lamp comprises a plurality of disinfection lamps, and wherein at least one disinfection lamp of the plurality of disinfection lamps is disposed on an inside surface of each of the front wall, the rear wall, and the top wall ([0040]-[0040] fig. 7 teaches UV light sources 42, 36, 28).
24. Regarding claim 11:
West teaches the disinfection system of claim 4, wherein the bottom of the enclosure is open and defined by bottom edges of each of the front wall, the rear wall, the entry door, and the exit door (see fig. 4, fig. 7 the bottom is opened and is defined by bottom edges of each of the side walls 32 and 34, the first door 22, and the second door 24).
25. Regarding claim 16:
West teaches the disinfection system of claim 4, a corral area disposed in proximity to the exit door of the enclosure, wherein the corral area is configured to receive a plurality of wheelchairs therein (a corral area is interpreted as a space that can store wheelchairs. Proximity is interpreted under broadest reasonable interpretation to be within accessible distance. [0056] teaches as carts exit through the second door 24, the carts 26 may be grasped by the user and moved to a location where the carts 26 can be used by customers. The location storing the carts corresponds to the corral area. Such location is capable of storing wheelchairs).
26. Regarding claim 17:
West teaches the disinfection system of claim 1, wherein the at least one disinfection lamp comprises at least one ultraviolet-C lamp ([0044] teaches that the UV LED light sources are configured to emit UV-C light).
Claim Rejections - 35 USC § 103
27. 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.
28. 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.
29. Claim 7 are rejected under 35 U.S.C 103 as being unpatentable over West in view of Rizzone (US 20160074546).
30. Regarding claim 7:
West teaches the disinfection system of claim 6. West does not teach that wherein disinfection lamps of the plurality of disinfection lamps are disposed on an inside surface of both the entry door and the exit door.
Rizzone teaches UV light bulbs 24 are installed on all walls 14 within the chamber 10 and also the door 16 (fig. 2, [0059]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified West to include UV light sources on all sides of the walls, as taught by Rizzone, including the entry and exit doors. One of ordinary skill in the art would be motivated to make such modification to provide all round UV light exposure to ensure that all areas inside the chamber receive UV light for sterilization (Rizzone [0053]).
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31. Claims 8, 9 are rejected under 35 U.S.C 103 as being unpatentable over West in view of Rizzone, further in view of Keuler (US 20220193285).
32. Regarding claim 8:
The modified invention above teaches the disinfection system of claim 7. West in view of Rizzone does not specifically teach a pair of wheels coupled to the enclosure, and a handle assembly coupled to the enclosure.
Keuler teaches pairs of wheels 110 coupled to the enclosure, and a handle 114 coupled to the enclosure ([0049], fig. 11A).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified West’s disinfection system to add wheels and handle to the housing, as taught by Keuler. One of ordinary skill in the art would be motivated to make such modification to create a mobile sanitation unit that can be pulled (Keuler [0049]).
33. Regarding claim 9:
The modified invention above teaches the disinfection system of claim 7, West in view of Rizzone does not teach a motion sensor disposed inside the enclosure, the motion sensor being configured to secure power (securing power is interpreted to mean cutting off, or preventing the delivery of electrical power according to [0041] in the instant application) to the plurality of disinfection lamps when motion of an object is detected inside the enclosure.
Keuler teaches a motion sensor 37 configured to sense the present of a person and their movement within the container as a safety precaution. Motion sensor 37 checks container 26 to see if the item inside is right or wrong, allowing device 10 to run or turning off UV light 30.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified West to include a motion sensor in the housing to monitor the motion of an object and to adjust operation accordingly, as taught by Keuler. One of ordinary skill in the art would be motivated to make such modification to allow for monitoring movement within the container to control the operation of the sanitization device accordingly for safety precaution (Keuler [0041]).
34. Claim 10 is rejected under 35 U.S.C 103 as being unpatentable over West in view of Fletcher.
35. Regarding claim 10:
West teaches the disinfection system of claim 4. West does not teach a first contact sensor and a second contact sensor that are configured to detect when the entry door and the exit door are in an open position, respectively, thereby securing power (securing power is interpreted to mean cutting off, or preventing the delivery of electrical power according to [0041] in the instant application) to the plurality of disinfection lamps when one or both the entry door and the exit door are in the open position.
Fletcher teaches sensors that automatically turn on and turn off the devices when a door is opened and closed ([0032]) and the system may be provided to turn off the lights when the door or doors to the units are open ([0031]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified West to include the sensors in Fletcher to detect whether the doors are open and thereby turning off the lights when the doors are open, as taught by Fletcher. One of ordinary skill in the art would be motivated to make such modification to keep light from the UV-C bulbs out of the field of vision of the user and those passing by the device and prevent overexposure to UV-C (Fletcher [0026]).
36. Claims 12-14 are rejected under 35 U.S.C 103 as being unpatentable over West in view of Levitt (US 20230011573).
37. Regarding claim 12:
West teaches the disinfection system of claim 3. West does not specifically note that wherein the enclosure further comprises a side wall extending downwardly from the top wall and between the front wall and the rear wall.
Levitt teaches a box-shaped set of arrays 102 in the enclosure extending from the top wall, one side of the box-shaped set of arrays 102 corresponds to the side wall between the front wall and the rear wall ([0044] figs. 7-9).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified West to include a side wall extending from the top wall between the front wall and the rear wall, as taught by Levitt. One of ordinary skill in the art would be motivated to make such modification so that the surface area of an object inside the enclosure can be treated closely (Levitt [0019]).
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38. Regarding claim 13:
The modified invention above teaches the disinfection system of claim 12. West does not specifically note a housing extending downwardly from an inside surface of the top wall of the enclosure, the housing comprising: a front wall spaced from an inside surface of the entry door, defining a gap therebetween; a first side wall spaced from an inside surface of the rear wall of the enclosure, defining a gap therebetween; and a second side wall spaced from an inside surface of the front wall of the enclosure, defining a gap therebetween; wherein the front wall of the housing extends between the first side wall and the second side wall, and wherein the at least one disinfecting lamp comprises a plurality of disinfecting lamps, and wherein at least one disinfecting lamp of the plurality of disinfecting lamps is disposed on each of the front wall, the first side wall, and the second side wall of the housing.
Levitt teaches a box-shaped set of arrays 102 in the enclosure extending downwardly from the top wall. The side of the box-shaped set of arrays 102 facing closer to the rear wall corresponds to the first side wall (see annotated fig below). The side of the box-shaped set of arrays 102 facing closer to the front wall of the enclosure corresponds to the second side wall. The side of the box-shaped set of arrays 102 facing the opening of the enclosure corresponds to the front wall of the housing ([0044] figs. 7-9). As shown in Fig. 7, there is a gap between the sides of the box-shaped set of arrays 102 and the walls and opening of the enclosure. Arrays 102 have bulbs 106a-h on them that project ultraviolet light ([0041] fig. 1)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified West to include the box-shaped set of arrays 102, taught by Levitt into the enclosure of West’s disinfection system. One of ordinary skill in the art would be motivated to make such modification so that the surface area of an object inside the enclosure can be treated closely (Levitt [0019]).
39. Regarding claim 14:
The above modified invention teaches the disinfection system of claim 13. West does not teach that wherein the housing further comprises a bottom wall that extends between the first side wall and the second wall, and wherein at least one disinfection lamp of the plurality of disinfection lamps is disposed on the bottom wall of the housing.
Levitt teaches a box-shaped set of arrays 102 in the enclosure extending downwardly from the top wall. Levitt teaches that such box-shaped set of arrays 102 is for treating the basket of the cart, which suggests that such box-shaped set of arrays 102 has a bottom surface that extends between the sides of the box-shaped set of arrays 102 for treating the bottom surface of the basket. Arrays 102 have bulbs 106a-h on them that project ultraviolet light ([0041] fig. 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified West to include the box-shaped set of arrays 102 with a bottom surface taught by Levitt. One of ordinary skill in the art would be motivated to make such modification so that the surface area of an object inside the enclosure can be treated closely (Levitt [0019]).
40. Claim 15 is rejected under 35 U.S.C 103 as being unpatentable over West in view of Townsend.
41. Regarding claim 15:
West teaches the disinfection system of claim 4. West does not specifically note that wherein the front wall, rear wall, top wall, entry door, and exit door are all constructed of one of aluminum and stainless steel.
Townsend teaches that the rear wall, side walls, and front wall and door have interior reflective aluminum panels ([0023]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified West to use aluminum panels for the walls and doors of the disinfection housing, as taught by Townsend. One of ordinary skill in the art would be motivated to make such modification so that the reflective interior surfaces reflect the UVC light waves and increase the efficiency of the disinfecting system (Townsend [0023]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY LI whose telephone number is (571) 272-5043. The examiner can normally be reached 8:30am-4:30pm. 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, Robert Kim can be reached at (571)272-2293. 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.
/LARRY LI/
Examiner, Art Unit 2881
/DAVID E SMITH/Examiner, Art Unit 2881
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