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 .
FINAL ACTION
Response to Amendment
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 121 and 128 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim (11452792).
As to Claim 121, Kim (‘792) discloses an apparatus (see Figures 1-18) comprising:
a body (100; 200; 300; 400; 500; 600; 700; 800; 900; 1000; 1100; 1200; 1300) extending along a flow path between a first end (i.e. where 111 is located) and a second end (i.e. where 115 is located) opposite of the first end along the flow path (see Figures 1-18), the first end (i.e. where 111 is located) comprising an inlet (111) along the flow path, the second end (i.e. where 115 is located) comprising an outlet (115) along the flow path;
a flow channel (i.e. space/chamber within the body) extending inside the body along the flow path to direct a fluid from the inlet (111) to the outlet (115); and
a radiation source (140) capable of being removably mountable in a cavity (i.e. space between 120 and 130 – see Figures 4-5 and 17, Col. 8 line 61 to Col. 9 line 2) in the flow channel (i.e. space/chamber within the body), the radiation source (140) comprising a solid-state UV emitter (142) and capable of emitting radiation in the flow channel (i.e. space/chamber within the body) along the flow path (see Figures 1-8), the radiation source (140) further comprising a thermally conductive material (141) thermally coupled to the solid-state UV emitter (142) and positioned to be in direct or indirect thermal contact with the fluid when the fluid is in the flow channel (i.e. space/chamber within the body) between the inlet (111) and the outlet (115) and when the radiation source (140) is mounted in the cavity (i.e. space between 120 and 130) (see Figures 1-18),
wherein the flow channel (i.e. space/chamber within the body) has a generally annular cross-sectional shape around the radiation source (840) when the radiation source (840) is mounted in the cavity (i.e. space between 120 and 811) (see Figure 12),
wherein the cavity (i.e. space between 120 and 130) is defined by interior surfaces of the flow channel (i.e. space/chamber within the body), and
the apparatus further comprising a mounting structure (162) extending between the interior surface of the cavity (i.e. space between 120 and 130) and exterior surfaces of the radiation source (140) when the radiation source (140) is mounted in the cavity (i.e. space between 120 and 130) to maintain a position of the radiation source (140) relative to the flow channel (i.e. space/chamber within the body) when the fluid is flowing from the inlet (111) to the outlet (115) and the radiation source (140) is mounted in the cavity (i.e. space between 120 and 130) (see Figures 1-18).
As to Claim 128, Kim (‘792) discloses that the interior surfaces of the flow channel (i.e. space/chamber within the body) are configured to cause the fluid to flow in contact with the thermally conductive material (141) when the fluid is in the flow channel (i.e. space/chamber within the body) between the inlet (111) and the outlet (115) and when the radiation source (140) is mounted in the cavity (i.e. space between 120 and 130) (see Figures 1-18).
Allowable Subject Matter
Claims 50, 52-53, 56-58, 60-68, 103-105, 107-109, 111, 113-120 and 122-127 are allowed.
The following is an examiner’s statement of reasons for allowance: the primary reason for allowance of the claims is due to amendment of the claims which overcomes the last remaining rejections (i.e. 35 U.S.C. 112(b) rejections as well as 35 U.S.C. 102(a)(1) rejection of claims 116 and 118) of the claims in this application. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an apparatus comprised of components in the configuration as set forth in the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 3/02/2026 have been fully considered but they are not persuasive. Specifically, as to applicant’s argument in pp. 2-3 of Remarks, examiner finds the argument persuasive and has withdrawn the finality of the previous action (see paragraph 2 above). As to applicant’s argument at the bottom of p. 3 to p. 6 of Remarks, examiner disagrees and points out that the flow channel (i.e. space/channel between both of 130 with 840 and 162 in the center) around the radiation source 840 of Kim as shown in Figure 12 is “generally annular cross-sectional shape around the radiation source” particularly since as shown in Figure 4 (as well as others such as Figures 3, 5, and 7-8 in Kim) that the securing portion(s) 162 as well as the radiation source 140 do not extend across the whole width/depth of the side of the housing unlike that of 130 and its holder 163, the flow around the radiation source 840 would be “a generally annular cross-sectional shape around the radiation source when the radiation source is mounted in the cavity”.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINA M YOO whose telephone number is (571)272-6690. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571)270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REGINA M YOO/ Primary Examiner, Art Unit 1758
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