DETAILED ACTION
Response to Arguments
Claims 1-14 are pending and claims 15-18 have been cancelled. Upon further consideration, the claims are rejected in light of Yellen et al. (US Pat. 10,549,000) in view of York (US Pat. 9,649,398) produced below.
Claim Rejections - 35 USC § 103
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.
Claims 1-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yellen et al. (US Pat. 10,549,000, hereinafter Yellen) in view of York (US Pat. 9,649,398, hereinafter York).
Regarding claim 1, Yellen discloses a handheld UV-C sanitizing apparatus (handheld UV light disinfectant unit 110, see col. 5, lines 12-14) comprising:
an orb enclosure that is spherical, truncated, or hemispherical defining an opening for light exposure, the enclosure fabricated from plastic (LED 80 enclosed by housing 112 (truncated in shape) with transparent portions 114 and 116 made of plastic, see col. 4-5, lines 64-19);
a plurality of sources mounted within the orb and configured to emit UV-C light out from the opening (UV light 20 and second UV light (not shown) to emit UV light through transparent portions 114, 116, and 20, see Fig. 1 and 5 and col. 5, lines 12-29. UV light in the range of 200 to 300 nanometers, see col. 1, lines 14-23. In the instant application, applicant defines the UV-C range to be approximately 100-290 nm, see paragraph [0005]);
a circuit board positioned within the orb, wherein each LED is coupled to the circuit board and each LED is removable and replaceable independently (UV light emitted by LED 80 connected through a PCB (circuit board), see col. 4, lines 57-66; LEDs 80 replaceable through construction, see Fig. 4);
a power source coupled to the circuit board, wherein the power source is configured to deliver power to each LED (battery 74 powers UV light 20, see col. 4, lines 57-63);
wherein the UV-C light emitted from the LEDs is at a wavelength suitable to kill, destroy, or reduce growth of microorganisms and germs in a preset exposure area directly below the UV-C light (UV LEDs emit light in the range of 200 to 300 nanometers to inactivate microorganisms, see col. 1, lines 13-23); and
wherein the arrangement of the LEDs spaced apart from each other is configured to emit UV-C light emission sufficient to cover the preset exposure area corresponding to a user’s hand surface area (transparent portions 114 and 116 allow a handle portion of the housing 112 to disinfect the user’s hands when grasping the handheld UV light disinfectant unit 110, see col. 5, lines 19-29).
Yellen does not explicitly disclose LEDs that are emitting cones of UV-C light.
York discloses an LED produces UV-C light in a conical shape to irradiate a doorknob or handle for destroying microbes (see col. 2, lines 2-17). York teaches the LED UV-C bulb are easily replaceable as well as having an estimate life of 10,000 hours (see col. 2, lines 13-17).
York modifies Yellen by suggesting providing an LED to emit UV-C light in conical shapes.
Since both inventions are drawn to disinfection devices, it would have been obvious to the ordinary artisan before the effective filing date to modify Yellen by providing LEDs to emit UV-C light in conical shapes for the purpose of maximizing the area of disinfection emitted by the LEDs as well as increasing the operating time of the device and increasing the ease of maintenance (easy to replace and less frequency due to long lifetime of operation) as taught by York.
Regarding claim 2, Yellen discloses an on/off button positioned along an outside surface of the orb and coupled to the power source, wherein the button is operable for causing the LEDs to turn on and off (UV button 22 sends a signal to the PCB to power the UV light 20, see col. 4, lines 57-63).
Regarding claim 3, Yellen discloses the power source is a battery selected from a group consisting of a disposable battery and a rechargeable battery (battery 74 is disposable, see Fig. 2).
Regarding claim 4, Yellen discloses one or more visible colored or fluorescent lights that activate when the apparatus is on to indicate when the device is on (light button 82 powers LED for visible light, see col. 4-5, lines 65-4).
Regarding claim 5, Yellen discloses the UV-C light defines a wavelength of between 200 and 265 nm (UV LEDs emit light in the range of 200 to 300 nanometers, see col. 1, lines 14-23).
Regarding claim 6, Yellen discloses the UV-C light defines a wavelength of between 200 to 250 nm (UV LEDs emit light in the range of 200 to 300 nanometers, see col. 1, lines 14-23).
Regarding claim 7, Yellen discloses the UV-C light defines a wavelength of between 220 and 230 nm (UV LEDs emit light in the range of 200 to 300 nanometers, see col. 1, lines 14-23).
Regarding claim 8, Yellen discloses the UV-C light emitted from the LEDs is sufficient to disinfect the surface and skin of the user’s hands (transparent portions 114 and 116 allow a handle portion of the housing 112 to disinfect the user’s hands when grasping the handheld UV light disinfectant unit 110, see col. 5, lines 19-29).
Regarding claim 9, Yellen discloses UV-C light emitted from the LEDs is configured to kill microorganisms (UV LEDs emit UV light in with a wavelength between 200 and 300 nm, see col. 1, lines 14-23; In the instant application, applicant defines the UV-C range to be approximately 100-290 nm, see paragraph [0005] which can safely kill viruses like SARS-CoV-2, see paragraph [0042]).
Regarding claim 10, while Yellen is silent on the dimensions of the LED and the current and power consumption. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to choose an appropriate LED to fit in the housing to operate with the power supplied, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 11, Yellen discloses the UV light is suitable to kill microorganisms on a user’s hands (UV LEDs emit UV light in with a wavelength between 200 and 300 nm to inactivate microorganisms, see col. 1, lines 14-23; transparent portions 114 and 116 allow a handle portion of the housing 112 to disinfect the user’s hands when grasping the handheld UV light disinfectant unit 110, see col. 5, lines 19-29).
Regarding claim 12, Yellen discloses the orb is fabricated from plastic (housing 112 includes transparent windows 114 and 116 made of plastic, see col. 4-5, lines 64-19). The limitation “plastic that is 3D printed” is merely a product-by-process limitation that does not structurally distinguish the claimed invention over the prior art. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 227 USPQ 964, 966.
Regarding claim 14, Yellen discloses a method for sanitizing and sterilizing (handheld UV light disinfectant unit 110, see col. 5, lines 12-14) comprising:
providing an apparatus according to claim 1 (see claim 1 above);
positioning hands of a user to be exposed to the UV-C light from the LEDs (transparent portions 114 and 116 allow a handle portion of the housing 112 to disinfect the user’s hands when grasping the handheld UV light disinfectant unit 110, see col. 5, lines 19-29);
activating the power source to activate the LEDs (UV button 22 sends a signal to the PCB to power the UV light 20, see col. 4, lines 57-63); and
exposing the hands to the UV-C light emitted from the LEDs for a predetermined period of time at a wavelength suitable to kill, destroy, or reduce growth of microorganisms and germs in the preset exposure area (transparent portions 114 and 116 allow a handle portion of the housing 112 to disinfect the user’s hands when grasping the handheld UV light disinfectant unit 110, see col. 5, lines 19-29; LEDs 80 and a second UV light (not shown) to emit UV light through transparent portions 114, 116, and 20, see Fig. 1 and 5 and col. 5, lines 12-29. UV LEDs emit light in the range of 200 to 300 nanometers, see col. 1, lines 14-23. In the instant application, applicant defines the UV-C range to be approximately 100-290 nm, see paragraph [0005]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yellen in view of Tong et al. (US PGPub 2011/0215697, hereinafter Tong).
Regarding claim 13, Yellen fails to disclose the orb further includes silver or copper.
Tong discloses a housing includes a heat sink structure 52 which includes copper (see paragraph [0091]) or colloidal silver for conventional thermally conductive grease (see paragraph [0108]).
Tong modifies Yellen by suggesting including copper or silver in the housing as a thermal conductor.
Since both inventions are drawn to LED exposure devices, it would have been obvious to the ordinary artisan before the effective filing date to modify Yellen by providing a copper heat sink or colloidal silver as a thermally conductive grease for the purpose of providing a way to thermally conduct heat away from sensitive components of the device to prevent damage as taught by Tong.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANWAY CHANG whose telephone number is (571)270-5766. The examiner can normally be reached Monday - Friday 7:30 AM - 4:00 PM EST.
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Hanway Chang
/HC/ Examiner, Art Unit 2881
/MICHAEL J LOGIE/ Primary Examiner, Art Unit 2881