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 01/17/2025
Claim Objections
Claim 3 is objected to because of the following informalities: in line 3 and after the word “and” add the word “in”. Claim 6 is objected to because of the following informalities: in line 8 and after the word “in”, delete the letter “a” and replace it with the word “the”. Claim 10 is objected to because of the following informalities: in line 8 and after the word “or”, add the word “to”. Appropriate corrections are required.
Claim Rejections - 35 USC § 112
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.
Claims 1-13 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.
In claim 1, lines 6-10; Applicant recite “with the sterilizing solution and for a sequential waste disposal operation…in the other sterilization vessel.” The examiner is unable to determine the metes and bounds of claim 1 because it is clearly recited in which vessel sterilization is conducted and in which vessel waste disposal operation is conducted.
It is respectfully requested that Applicant amend claim 1, lines 6-10 as follows” with the sterilizing solution in the first sterilization chamber and for a sequential waste disposal operation after the sterilization operation in the second sterilization chamber,
wherein while a sterilization operation of medical wastes is in progress in the first sterilization vessel, a waste disposal operation of sterilized medical wastes is performed in the second sterilization vessel;”. The same applies to claim 13, lines 6-9.
In claim 4, lines 5-6; Applicant states “the medical waste shreds together with water or sterilizing solution performs the sterilization operation while rotating agitation.” The examiner is unable to determine the metes and bounds of claim 4 since Applicant appears to claim that shredding medical waste with water is equivalent to the sterilization operation of using sterilizing solution. It is respectfully requested that Applicant amend claim 4 to delete the word “water” in line 5.
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 1-2 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lewis et al. (US 5,799,883).
Regarding claims 1 and 13, Lewis et al. discloses a medical waste sterilizer (Fig.1), comprising:
a shredder (Fig.1:30 and 36) for shredding medical wastes that requires a sterilization operation;
spray nozzles (the unlabeled arrows connected to mixing valve 62 as shown in Fig.1) capable of spraying acidic sterilizing solution (col.3, lines 43-5) or water onto the medical wastes being shredded in the shredder;
a first sterilization vessel (Fig.1:10 or 12) and a second sterilization vessel (Fig.1:70 or 16) for a sterilization operation of the medical wastes sprayed with the sterilizing solution and for a sequential waste disposal operation after the sterilization operation,
wherein while a sterilization operation of medical wastes is in progress in one sterilization vessel, a waste disposal operation of sterilized medical wastes is performed in the other sterilization vessel (Lewis et al. medical waste sterilizer shown in Fig.1 is capable of being operated in the recited manner);
shredding (col.4, lines 49-67 through col.6, line 16) the medical wastes that require a sterilization operation;
spraying (col.4, lines 49-67 through col.6, line 16) acidic sterilizing solution or water onto the shredded medical wastes; and
using two sterilization vessels (col.4, lines 49-67 through col.6, line 16) for a sterilization operation for the medical wastes sprayed with the sterilizing solution and for a waste disposal operation after the sterilization operation in a sequential manner, performing a sterilization operation of medical wastes are in one sterilization vessel while a waste disposal operation is simultaneously performed in the other sterilization vessel (col.4, lines 49-67 through col.6, line 16).
Regarding claim 2, Lewis et al. discloses a lower damper (Fig.1:40) located at the lower part of the shredder (Fig.1:30 and 36),
wherein the lower damper (Fig.2:40, 52, and 46; col.3, lines 22-42), when opened, directs the medical wastes shredded by the shredder into the interior of either the first sterilization vessel or the second sterilization vessel, along with water, sterilizing solution, or a mixture of water and sterilizing solution sprayed from spray nozzles (col.3, lines 22-42).
Allowable Subject Matter
Claims 3-12 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 reasons for indicating allowable subject matters in the following dependent claims 3, 7-12 are the inclusions of a water detection device in claim 3; a metering pump in claim 7; a lift plate/drive screw in claim 8; the left-and-right sliding device in claim 10; and the barcode reader in claims 11 and 12. The closest prior art found (Lewis et al.), and upon additional searches, does not teach or fairly suggest adding the water detection device, the metering pump, the lift plate/drive screw, and the barcode reader to the combined structural limitations of the medical waste sterilizer of claim 1.
Dependent claims 4-6 are objected to solely due to their dependencies.
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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