`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
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`14/500,517
`
`
`
`
` FILING DATE
`
`
`09/29/2014
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Yasuhiko Yokoi
`
`120509A
`
`9318
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP Coxe
`
`1250 CONNECTICUT AVENUE, NW
`SUITE 700
`WASHINGTON, DC 20036
`
`SPAMER, DONALD R
`
`1799
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/02/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Status
`1)X] Responsive to communication(s)filed on 1/6/2016.
`LJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon__
`2a)L] This action is FINAL.
`2b) This action is non-final.
`3)L] Anelection was made bythe applicant in responsetoarestriction requirementset forth during the interview on
`
`
`; the restriction requirement and election have been incorporatedinto this action.
`4)[] Since this application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5) Claim(s) 1-74 is/are pending in the application.
`5a) Of the above claim(s) 13 and 14 is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7)X] Claim(s) 1-14 is/are rejected.
`8)L] Claim(s)____is/are objectedto.
`
`9)L] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`or send an inquiry to PPHieedback@uspto.qoy.
`
`Application Papers
`10)L] The specification is objected to by the Examiner.
`11)K] The drawing(s)filed on 9/29/2014 is/are: a)[X] accepted or b)[_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)X] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)X] All
`)[_] Some** c)] None ofthe:
`1..] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Applicant(s)
`Application No.
` 14/500,517 YOKOI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`DONALD SPAMER Na 1799
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply betimely filed
`
`Attachment(s)
`3) CT] Interview Summary (PTO-413)
`1) X Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`:
`.
`4 Ol Other:
`2) X Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date 9/29/2014 and 7/21/2015.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20160126
`
`

`

`Application/Control Number: 14/500,517
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`Art Unit: 1799
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`Page 2
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`1.
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`The present application is being examined under the pre-AlAfirst to invent provisions.
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`DETAILED ACTION
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`Election/Restrictions
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`2.
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`3.
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`Applicant’s election without traverse of claims 1-12 in the reply filed on 1/6/2016 is acknowledged.
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`Claims 13 and 14 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being
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`drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made
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`without traverse in the reply filed on 1/6/2016.
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`Information Disclosure Statement
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`4.
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`The information disclosure statementfiled 9/29/2014 fails to comply with 37 CFR 1.98(a)(2),
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`which requires a legible copy of each cited foreign patent document; each non-patent literature
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`publication or that portion which causedit to be listed; and all other information or that portion which
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`caused it to be listed.
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`It has been placed in the application file, but the information referred to therein has
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`not been considered. No copy of EP 1886697, EP 2210618, DE 3523310, JP 2003-339829, and the
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`extended European search report is provided.
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`Claim Rejections - 35 USC § 103
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`5.
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`Claims 1-12 are rejected under 35 U.S.C. 108(a) as being unpatentable over Yokoi et al. (US
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`Patent Application Publication 2010/0189607) and further in view of Kawasaki et al. (JP 2006-116095 —
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`English language machine translation), Hill (US Patent Application Publication 2007/0253859), and
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`Watling (US Patent 7,186,371).
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`With regards to claim 1, Yokoi et al. teaches an isolator (abstract). The isolator has a chamber
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`(workroom 10) in which workis to be done (para [0023]). Yokoi et al. teaches a control unit (300) for
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`controlling the system including valves and decontamination supply (para [0065] and fig 1).
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`Yokoi et al. teaches that the decontaminating gas supply unit has an atomizer (210) configured to
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`atomize a decontamination material in the working chamber, a decontaminant solution reservoir (260),
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`

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`Application/Control Number: 14/500,517
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`Art Unit: 1799
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`Page 3
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`and a pump (264) to supply the decontamination material to the atomizer (fig 1). Yokoi et al. teaches that
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`the supply unit uses an atomizing unit (210) and a vaporizer (220) to first generate a mist and then
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`vaporize the decontaminant(para [0026]-[0046]). Yokoi et al. teaches using ultrasonic vibrations to
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`generate the mist (para [0028]) and not an atomizing nozzle as claimed. Hill teaches a decontaminant
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`vapor supply unit (hydrogen peroxide) for use in a decontamination process(title, abstract, fig 4). Hill
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`teaches the use of an atomizing nozzle (482) connected by pipes (pipe 423 and pipe 192) to a source of
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`compressedair and a reservoir of liquid decontaminant (reservoir 170). Hill uses a pump (426) to pump
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`the liquid from the reservoir to the atomizer/vaporizer (para [0090], [0092], [0104], fig 3 and fig 8). A
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`person having ordinary skill in the art at the time of the invention would have found it obvious to substitute
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`one known atomizing means for producing a vaporized decontaminant (nozzle) for another (ultrasonic
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`vibrations) with the expectation of successfully producing a atomized mist to be vaporized. The
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`combination results in the decontaminating gas supply unit, includes an atomizer (Hill fig 8) connected to
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`a compressed air source and to the decontamination material supply.
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`The combination of Yokoi et al. and Hill do not teach what the specific source of compressed gas
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`is.
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`Itis thus necessary and therefore obviousto look to the prior art for a known source of compressed
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`air. Kawasakiet al. teaches thatit is known to use a compressor to supply compressed air to a
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`decontamination solution vaporizer (para [0033], [0046] and fig 1). A person having ordinary skill in the
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`art at the time of the invention would have found it obvious to use a compressor as a Source of
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`compressed gas as taught by Kawasaki et al. motivated by the expectation of successfully practicing the
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`combined invention by supplying compressed gas. The combination results in a compressor configured
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`to supply air to the atomizer.
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`Yokoi et al. teaches a desire to regulate pressure and to maintain a positive pressure
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`environment but does not explicitly state the use of a pressure sensor configured to measure an internal
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`pressure of the chamber to be decontaminated (para [0055]). Watling teaches the use of a pressure
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`sensor to be used with a control module to adjust the internal pressure of the enclosure (column 38, lines
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`45-50). A person having ordinary skill in the art at the time of the invention would find it obvious to modify
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`the isolator taught by Yokoi et al. with the addition of a pressure sensor coupled to the control unit as
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`Application/Control Number: 14/500,517
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`Art Unit: 1799
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`Page 4
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`taught by Watling in order to adjust and maintain the desired pressure in the isolator. The combination
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`results in a pressure sensor configured to measure an internal pressure of the working chamber.
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`While it is taken that the control unit of Yokoi et al. is taught to control the components of the
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`system, the following is also presented in case the applicant traverses this assertion. A person having
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`ordinary skill in the art at the time of the invention would have found it obvious to have made the controller
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`taught by Yokoi et al. control all the components of the system in order to automate the operation of the
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`isolator system. That the general purpose controller is configured to perform a leak test as claimed is
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`intended useofthe isolator. As long as the prior art teaches the claimed structural components and
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`those components are capable of the intended use then the claim limitations are met (MPEP 2114). The
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`controller taught by Yokoi et al. is capable of the claimed intended leaktest.
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`With regards to claim 2, the combination does not teach a valve between the atomizer and the
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`pump. Yokoi et al. teaches using valves in order to control fluid flow throughout the system (see whole
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`document). A person having ordinary skill in the art at the time of the invention would have foundit
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`obvious to have added a valve between the atomizer and the pump in order to control flow of the
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`decontamination fluid into the atomizer. The combination results in a first valve as claimed.
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`As discussed above the combination teaches that the control unit controls the system including
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`the valves. That the control unit is configured to close the first valve and then conduct the leak test is an
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`intended use ofthe isolator. The isolator taught by the combination is capable of the claimed use.
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`With regards to claim 3, that the control unit is configured to, after conducting the leak test, drive
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`the pump and open the first valve, thereby mixing the air and the decontamination material in the
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`atomizer, to be injected into the working chamber is an intended useofthe isolator. The isolator taught
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`by the combination is capable of the claimed use.
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`With regards to claims 4-6, the combination does not teach a valve between the atomizer and the
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`compressor. Yokoi et al. teaches using valvesin order to control fluid flow throughout the system (see
`
`whole document). A person having ordinary skill in the art at the time of the invention would have foundit
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`obvious to have added a valve between the atomizer and the compressor in order to control flow of the air
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`into the atomizer. The combination results in a second valve as claimed. As discussed above the
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`Application/Control Number: 14/500,517
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`Art Unit: 1799
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`Page 5
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`combination teachesthat the control unit controls the system including the valves. That the control unit is
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`configured to open the second valve and then conductthe leaktest is an intended use ofthe isolator.
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`The isolator taught by the combination is capable of the claimed use.
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`With regards to claims 7-12, the combination above does not teacha filter between the atomizer
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`and the compressor. Kawasaki et al. teachesa filter (84) between the conversion of the decontamination
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`fluid and the air stream from the compressor (at vaporizer 34) in order to provide clean air (para [0036)}).
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`A person having ordinary skill in the art at the time of the invention would have foundit obvious to have
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`placedafilter between the compressor and the conversion of the decontamination fluid and the air stream
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`from the compressor in order to provide clean air. A person having ordinary skill in the art at the time of
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`the invention would have found it obvious to have placed the filter anywhere along the flow to the
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`evaporator/converging point motivated by an expectation of successfully providing clean air to the
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`chamber. The combination resultsinafilter provided between the atomizer and the compressor.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to DONALD SPAMER whosetelephone number is (571)272-3197. The examiner can
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`normally be reached on Mondaythrough Friday, 9 to 5.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor,
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`Michael Marcheschi can be reached on 571-272-1374. The fax phone number for the organization where
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`this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 14/500,517
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`Art Unit: 1799
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`Page 6
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`1000.
`
`/DONALD SPAMER/
`Examiner, Art Unit 1799
`
`/SEAN E CONLEY/
`Primary Examiner, Art Unit 1799
`
`