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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/3/25 has been entered.
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 1-3, 9, 12-15, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alpert (US 2017/0273534).
Regarding claim 1, Alpert (US 2017/0273534) discloses –
A splint bath assembly for sanitizing water (Figs. 1-4a) comprising:
a reservoir for holding water (chamber 14, par. 67 disclosing water being distributed throughout during operation),
the reservoir defined by four sides and a bottom perpendicular to the four sides (figs. 1 and 4a particularly show this arrangement), wherein
the water is distributed throughout the reservoir during normal operation (par. 67, the water is sprayed and distributed throughout the chamber 14 in order to wash/sterilize the object 20);
an ultraviolet lighting system positioned within the reservoir and arranged to sanitize the water (pars. 76-77 discloses the distribution of UV light from source 67b throughout the entire chamber to sterilize the water);
a circulatory pump positioned within the reservoir for selectively circulating water within the reservoir (the plenum 44 includes a pump for the spraying and distribution of water throughout the chamber 14; pars. 67 and 79); and
a heat exchanger positioned within the reservoir (heater 44a), wherein the heat exchanger is submerged in the water and continuously heats the water during normal operation to sanitize the water (par. 44a).
Regarding the limitation that the heat exchanger is submerged in the water: apparatus claims cover what a device is, not what a device does and a claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (see MPEP 2114, II). The chamber 14 is well capable of and reasonably expected to be at least partially filled with water via the nozzles 26, submerging the heater 44a in the water as claimed, and is similarly capable of and reasonably expected to continuously heat the water during normal operation. All of the structure is taught and can reasonably perform the claimed function, and therefore all the claimed limitations are met.
Regarding claim 2, Alpert further teaches the assembly further comprises a lid for selectively enclosing the reservoir (doors 56a, par. 87).
Regarding claim 3, Alpert further teaches a controller arranged to control the circulatory pump and heat exchanger (control system 65; par. 71, both water temperature and flow rate and pressure of the water delivery system are taught).
Regarding claim 9, Alpert further teaches a heat sanitation mode wherein the heat exchanger is arranged to selectively elevate the temperature of water held in the reservoir to a temperature and for a duration (pars. 38, 45; The device is operable to heat water to a very high temperature in order to sterilize the interior of chamber 14 and its contents).
Regarding claim 12, Alpert further teaches a controller arranged to control the ultraviolet lighting system and circulatory pump (pars. 44, 71 control system 65 and local processor 44 perform the function of controlling the UV light system and pump).
Regarding claim 13, Alpert further teaches the ultraviolet lighting system comprises:
a housing (Figs. 1 and 4a casing 12);
an ultraviolet light source positioned within the housing (UV light 67b);
an inlet port providing access to the housing for incoming water (Fig. 4a shows water supply tube 86); and
an outlet port providing egress from the housing for outgoing water (par. 75 discloses a drain for draining and removing water, par. 79 discloses the water being recirculated, reading on or necessitating an outlet).
Regarding claim 14, Alpert further teaches the controller controls the emission of light for the ultraviolet light source and the circulatory pump to effect water entering the housing through the inlet port and water exiting the housing through the outlet port (pars. 76 and 79 disclose the emission of UV light from source 67b for sterilization of the interior including the water therein).
Regarding claim 15, Alpert further discloses a sanitation mode wherein water from the reservoir enters the housing, the water is exposed to light emitting from the ultraviolet light source, and water exits the housing (pars. 76-77 and 79 disclose water being circulated, exposed to UV light, and disposed of).
Regarding claim 17, Alpert further teaches an outlet port providing access to the reservoir from outside the splint bath assembly (drain, pars. 75 and 78 describe a drain for discarding fluid including debris outside the reservoir defined by chamber 14).
Regarding claim 18, Alpert further teaches the circulatory pump is in water communication with the outlet port for selectively evacuating water from the reservoir (pars. 75, 78 describe a drain for discarding fluid including debris outside the reservoir defined by chamber 14, which would necessarily require circulation via the activated pump).
Regarding claim 20, Alpert further teaches a control panel arranged for a user of the splint bath assembly to provide direction for the operation of the splint bath assembly (par. 72, processor 66b in communication with display 66d for transmitting user input for operation).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Alpert (US 2017/0273534) as applied to claim 3 above, and further in view of Baker (US 2017/0175069).
Regarding claim 4, Alpert is set forth above with regards to claim 3 above, but appears to be silent with regards to a thermostat that provides information to one or more controllers.
Baker (US 2017/0175069) discloses a sterilizer comprising a thermostat for reporting information to one or more controllers for the purpose of effective temperature control (Paragraph [0069], Paragraph [0092]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Alpert such that there is a thermostat that provides information to one or more controllers as disclosed by Baker to arrive at the claimed invention. One would have been motivated to do so in order to control the temperature and operation of the device according to means known in the art to maintain a constant and controllable temperature within the sanitization chamber to arrive at a successfully operating device with uniform sanitization characteristics. The combination of familiar prior art elements, including thermostats and hot water sterilization chambers, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding claim 5, Baker further teaches the one or more controllers are arranged to maintain a consistent temperature of the fluid in the reservoir (Paragraph [0092]-[0093] discloses a uniform and constant temperature in the chamber; Claim 4 discloses maintaining the temperature at the sterilization temperature).
Regarding claim 6, Baker further teaches the information provided by the thermostat is used by the one or more controllers to control the heat exchanger to at least in part maintain a consistent temperature of the fluid of the reservoir (Claim 4).
Regarding claim 7, Baker further teaches the chamber is kept at a substantially constant temperature, and thus is arranged such that the fluid of the reservoir is held within 2 degrees as claimed inherently, or at least obviously. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device taught by Alpert in view of Baker such that the temperature is a constant temperature within a 2-degree tolerance to arrive at the claimed invention. One would have been motivated to do so to keep the temperature as constant as possible which is the stated goal of Baker, to facilitate uniform sanitization performance within the reservoir. All of the claimed structure is disclosed by Alpert in view of Baker and therefore the device is capable of performing this function as claimed. MPEP 2114, II.
Regarding claim 8, Alpert in view of Baker discloses the controller is arranged to control the pump to at least in part maintain the constant temperature of the fluid of the reservoir (pars. 38, 43-44 of Alpert, the temperature of the water is controlled and the pressure of the pump is controlled both in relation to a required time to sterilize and a desired sterilization temperature of about 180 degrees F; The controller is therefore inherently accomplishing this functional limitation or is at least capable of doing so as the pump would operate in harmony with the heater in order to successfully and effectively deliver water at the required temperature and pressure in order to be effective).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Alpert (US 2017/0273534) as applied to claim 9 above, and further in view of Mangiardi (US 2020/0070214).
Regarding claim 10, Alpert is set forth above with regards to claim 9 and further teaches a water temperature of about 180 degrees F (par. 38), but appears to be silent with regards to the temperature being approximately 185 degrees or higher and time at which and for which the temperature is maintained as constant.
Mangiardi (2020/0070214) discloses a method of sterilizing an object including exposing said object to water of >90 degrees Celsius (194 degrees F) for more than 15 minutes (Paragraph [0031]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Alpert such that the object is exposed to the water at a temperature of at least 185 degrees Fahrenheit for at least two minutes as disclosed by Mangiardi to arrive at the claimed invention. One would have been motivated to do so in order to better sterilize the object according to known-effective thermal conditions for sterilization to arrive at an improved device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A). Furthermore, the claimed temperature and time of at least 185 degrees and for at least two minutes overlaps with the numerical ranges disclosed in the prior art of “at least 90 degrees Celsius” and “for no shorter than 15 minutes”, and in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 11, Alpert further teaches the circulatory pump is arranged to circulate the water in the reservoir during the heat sanitation mode (pars. 38, 45, 67; the water is heated and must be distributed by the pump in plenum 44, and furthermore the pump is well capable of performing this limitation, MPEP 2114 II).
Claims 16 is rejected under 35 U.S.C. 103 as being unpatentable over Alpert (US 2017/0273534) as applied to claim 15 above, and further in view of Fuesting (US 4,448,750).
Regarding claim 16, Alpert is set forth above with regards to claim 15 but appears to be silent with regards to the specific wavelength of UV light used.
Fuesting (US 4,448,750) discloses sterilizing objects submerged in water at the wavelength of 254 nm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Alpert such that the UV light is at 254 nm to arrive at the claimed invention. One would have been motivated to do so in order to select a known appropriate wavelength of light for sterilizing to arrive at an improved device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Alpert (US 2017/0273534) as applied to claim 1 above, and further in view of Bowen (US 4,178,499).
Regarding claim 19, Alpert is set forth above with regards to claim 1 but appears to be silent with regards to the material the housing is constructed from.
Bowen (US 4,178,499) discloses a heating unit for heating where the body is made from a thermo-insulating thermoplastic (Column 2 lines 40-44). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Alpert such that the body is fabricated from a thermoplastic that is thermo-insulating as disclosed by Bowen to arrive the claimed invention. One would have been motivated to do so to avoid damage of the body or harm to the user, and to use a known-appropriate material for constructing a heating unit housing to arrive at an improved device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 9, 12-15, 17-18, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Gatto is no longer cited anywhere in the rejection.
The remaining claims are rejected similarly.
Conclusion
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/BRENDAN A HENSEL/Examiner, Art Unit 1758