DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Appeal Brief
In view of the appeal brief filed on 04 March 2026, PROSECUTION IS HEREBY REOPENED. New grounds of rejections are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
Information Disclosure Statement
5. The information disclosure statement (IDS) submitted on 27 February 2026 is being considered by the examiner.
Claim Rejections - 35 USC § 103
6. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
7. Claims 1-3 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Pollmann-Retsch et al (US 20060158125 A1, hereinafter Pollmann-Retsch ‘125) in view of Brockschmidt (US 20190150254 A1) and Beasley (US 20060267521 A1).
8. Regarding claim 1, Pollmann-Retsch ‘125 teaches a system (lighting unit, Title, Abstract), comprising:
a high pressure or high intensity discharge (HID) lamp (Abstract) configured to emit light in and within an environment that surrounds the lamp (Abstract, pars 0001-0002);
a power source coupled to the lamp (electrical terminals of the discharge lamp 1 are connected to the electrical output terminals of a lamp driver 2, par 0029), wherein the power source is configured to supply power to the lamp (lamp driver 2 thus serves to transform the line voltage into a lamp voltage suitable for operating the discharge lamp, par 0029);
a pressure sensor (sensor 33, FIGS. 1-2) that is separate and distinct from the lamp (FIG. 1, sensor 33 provided near gas nozzle 32 outside lamp 1, pars 0031-0032) wherein the pressure sensor is within the environment and outside of the lamp (FIG. 1, sensor 33 provided near gas nozzle, pars 0031-0032), wherein the pressure sensor is configured to detect an ambient air pressure within the environment that surrounds the lamp (air pressure source and which directs a gas or air stream onto the lamp, par 0030; sensor 33 located in environment, FIGS. 1-2) and output a pressure signal including air pressure data regarding the ambient air pressure (connected to the lamp driver 2 for evaluation of the sensor signal, par 0031) within the environment that surrounds the lamp (FIGS. 1-2, sensor 33 located in environment; par 0044, cooling device may be switched off which would make pressure sensor 33 indicative of environmental pressure);
a temperature sensor (sensor 34, pars 0034 and 0046, FIG. 1) that is separate and distinct from the lamp (FIG. 1, temperature sensor 34 may be arranged on the lamp, par 0034) wherein the temperature is within the environment and outside of the lamp (second sensor 34 arranged on the discharge vessel 11 of the lamp 1, i.e. positioned proximal to an outside surface of the lamp, par 0034) wherein the temperature sensor is configured to detect an air temperature within the environment (sensor 34 detects the lamp temperature and in particular the temperature of the wall of the discharge vessel, par 0034; sensor 34 located in environment, FIG. 1) and output a temperature signal including air temperature data regarding the ambient air temperature within the environment that surrounds the lamp (instantaneous temperature of the wall of the discharge vessel i.e. the edge of the ambient environment detected by evaluating the output signal of the second sensor 34, par 0046); and
a control unit including one or more processors (control unit 23 takes the form of a microprocessor unit, par 0041) configured to:
receive, from the pressure sensor, the pressure signal (control unit 23, to the first input of which the output signal of the first sensor 33 is applied, par 0040) including the air pressure data regarding the ambient air pressure that surrounds the lamp (FIGS. 1-2, sensor 33 located in environment; par 0044, cooling device may be switched off which would make pressure signal indicative of environmental pressure),
receive, from the temperature sensor, the temperature signal (second sensor 34 is also connected to the lamp driver 2 for evaluation of the sensor signal, par 0034) including the air temperature data regarding the air temperature that surrounds the lamp (instantaneous temperature of the wall of the discharge vessel i.e. the edge of the ambient environment detected by evaluating the output signal of the second sensor 34, par 0046),
analyze the air pressure data regarding the ambient air pressure that surrounds the lamp (evaluation of pressure allows not only monitoring of the cooling device but also specific control of the cooling power acting on the lamp, par 0031) and air temperature data regarding the air temperature that surrounds the lamp (evaluation of the temperature of the wall of the discharge vessel, par 0034) in relation to a breakdown voltage for the lamp (control unit 23 detects…the lamp voltage, par 0040), and modify at least one aspect of the lamp based on the ambient air pressure data and the ambient air temperature (evaluation of one of these variables allows…specific control of the cooling power acting on the lamp, par 0031).
wherein the control unit is in communication with the power source (control unit 23…connected to the trigger circuit, Pollmann-Retsch ‘125 par 0040), and wherein at least one aspect of the lamp comprises power supplied to the lamp from the power source (power of the lamp…may be controlled in accordance with various control or switching schedules, Pollmann-Retsch ‘125 par 0041).
Examiner notes that Pollmann-Retsch ‘125 defines the term “breakdown” differently in par 0008 but that the principle holds, as the voltage needed to turn on the lamp i.e., an upper limit operational voltage would be equivalent to the breakdown voltage as defined in the present Specification par 0040.
Pollmann-Retsch ‘125 does not teach that the gas discharge lamp would be an ultraviolet (UV) lamp including one or more UV light emitters, wherein the UV light emitters are configured to emit UV light.
Brockschmidt teaches a system for extending a lifespan of a dielectric barrier gas discharge lamp producing UV light (Title, Abstract, par 0003). The lamp is composed of a pair of electrodes and a gas ionizable to produce, i.e., emit UV light (pars 0023-0024), reading upon one or more UV light emitters configured to emit UV light. Brockschmidt further teaches that voltage discharges reduce a lifespan of the excimer lamp (par 0003), offering a control solution wherein a temperature sensor identifies hot spots and adjusts the power supply accordingly (par 0006).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lamp control system of Pollmann-Retsch ‘125 to operate an excimer lamp that emits UV light as taught by Brockschmidt. Doing so would predictably operate to extend the lamp lifespan in the same manner, as Brockschmidt teaches that at least temperature control is essential to preserving the lifespan of this analogous UV lamp. See MPEP 2143(I)(B).
Although Pollmann-Retsch ‘125 depicts a temperature sensor 34 separate and distinct from the lamp 11 positioned in the space outside the lamp (FIG. 1), the disclosure states this sensor may be arranged on the discharge vessel (par 0034) which is analogous to the positioning of the temperature sensor on the outside of the UV lamp per present Specification par 0037, FIG. 4 (see also claim 10) to sense the ambient temperature. However, viewing the reference as a whole, it is not indisputably clear that Pollmann-Retsch ‘125 teaches that the temperature sensor measures the ambient temperature as per present Specification par 0037.
Beasley teaches an analogous lamp assembly with temperature feedback cooling control (par 0004, FIG. 2) wherein temperature sensor 220 may be placed within the lamp assembly 205 or equivalently near the lamp assembly 205 to sense the operating temperature within the environment of the lamp (par 0022). This arrangement of temperature monitoring circuitry determines the temperature of the airflow (par 0026), which advantageously enables control of the cooling system which varies in cooling effectiveness according to the ambient temperature detected (pars 0028-0029).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of the temperature sensor in Pollmann-Retsch ‘125 at a distance from the lamp such that it measures the ambient temperature of the airflow as taught by Beasley. Doing so would provide the same advantage of controlling the cooling system according to detected ambient temperature with a reasonable expectation of success, ensuring proper cooling of the lamp as taught by Beasley. See MPEP 2143(I)(G).
9. Regarding claim 2, Pollmann-Retsch ‘125 as modified by Brockschmidt and Beasley teaches the system of claim 1, wherein the control unit is further configured to modify the at least one aspect of the UV lamp in response to the ambient air pressure that surrounds the UV lamp and the ambient air temperature that surrounds the UV lamp (control unit for controlling the lamp driver and/or the cooling device at least during switching on and/or off of the lighting unit in such a way that there is no excursion from a predetermined range of the at least one operating parameter, pars 0013-0014) yielding a breakdown threshold that is less than the breakdown voltage (as a function of lamp voltage…output power of the lamp or the lamp current may be controlled in accordance with various control schedules, Pollmann-Retsch ‘125 par 0041; lamp current may be automatically reduced or switched off, Pollmann-Retsch ‘125 par 0043).
10. Regarding claim 3, Pollmann-Retsch ‘125 as modified by Brockschmidt and Beasley teaches the system of claim 1, though Pollmann-Retsch ‘125 is silent regarding the environment.
Brockschmidt teaches that the UV excimer lamp can be utilized for disinfecting water, air, or structures (par 0021) aboard an aircraft such as within a flight deck and/or cockpit (par 0003), reading upon wherein the environment is an internal cabin of a vehicle.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use the lamp of modified Pollmann-Retsch ‘125 in an internal cabin of a vehicle as taught by Brockschmidt. Doing so would predictably provide the same UV disinfection capabilities as needed within the vehicle using a lamp that has improved lifespan due to pressure and temperature monitoring. See MPEP 2143(I)(A).
11. Regarding claim 9, Pollmann-Retsch ‘125 as modified by Brockschmidt and Beasley teaches the system of claim 1, wherein the temperature sensor 34 may be arranged on the discharge vessel 11 of the lamp (Pollmann-Retsch ‘125 par 0034) and the pressure sensor 33 and control unit 2 are included in the lamp system (Pollmann-Retsch ‘125 FIG. 1). Brockschmidt further teaches that the control circuit and temperature sensors are incorporated with the metal mesh electrode of the lamp (Brockschmidt pars 0039-0040). Thus, the combination teaches wherein the UV lamp includes one or more of the pressure sensor, the temperature sensor, or the control unit, especially in consideration of the limitation requiring that the sensors are also “separate and distinct” from the lamp.
12. Regarding claim 10, Pollmann-Retsch ‘125 as modified by Brockschmidt and Beasley teaches the system of claim 9, wherein one or both of the pressure sensor or the temperature sensor are secured to a housing of the UV lamp (sensor 34 may be arranged on the discharge vessel…may be directly on the lamp, Pollmann-Retsch ‘125 par 0034).
13. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pollmann-Retsch ‘125 and Brockschmidt as applied to claim 1 above, and further in view of Pollmann-Retsch et al (US 2010/0289429, hereinafter Pollmann-Retsch ‘429).
Regarding claim 5, Pollmann-Retsch ‘125 as modified by Brockschmidt teaches the system of claim 1, further comprising a blower (cooling device 3, Pollmann-Retsch ‘125 pars 0030 and 0033, FIG. 1) coupled to the UV lamp (directs a gas or air stream onto the lamp, Pollmann-Retsch ‘125 par 0030), wherein the control unit is in communication with the blower (second output of the control unit 23 is applied to the cooling device 3 for activation thereof, Pollmann-Retsch ‘125 par 0040), wherein the blower is configured to blow cooling air into the UV lamp (directs a gas or air stream onto the lamp, Pollmann-Retsch ‘125 par 0030). Modified Pollmann-Retsch teaches wherein the control unit is configured to adaptively control the blower (to control the cooling power, the speed of rotation of a drive of a pressure pump in the cooling device 3 is varied appropriately, par 0033) but does not teach that this is done to vary the aspect of air pressure within the UV lamp.
Pollmann-Retsch ‘429 teaches methods for driving a gas discharge lamp (Title, Abstract) including a forced cooling means, such as a fan or ventilator (par 0070) that serves to adjust the pressure inside the gas discharge lamp (pars 0070-0071), which may be measured via a pressure sensor inside the lamp (par 0070). Pollmann-Retsch ‘429 further explains that this control of pressure enables the pressure to be actively maintained at a predetermined required pressure value for lighting discharge (par 0070).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use the blower of the modified Pollmann-Retsch system to vary the pressure within the lamp as taught by Pollmann-Retsch ‘429. Doing so would predictably enable improved control of operating pressure, which Pollmann-Retsch ‘429 teaches would stabilize the light flux generated by the lamp (par 0032).
14. Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Pollmann-Retsch ‘125, Pollmann-Retsch ‘429, and Brockschmidt as applied to claim 5 above, and further in view of Saito (US 20140333904 A1).
15. Regarding claim 6, Pollmann-Retsch ‘125 as modified above teaches the system of claim 5, wherein the UV lamp comprises a blower within a cooling system housing (pressure line 31 that houses pressure sensor 33, Pollmann-Retsch ‘125 par 0031; directs a gas or air stream onto the lamp, Pollmann-Retsch ‘125 par 0030) and an air outlet near the lamp housing (nozzle 32, Pollmann-Retsch ‘125 par 0030, FIG. 1). The combination does not teach an inlet to either housing wherein the blower is coupled to the air inlet.
Saito teaches a projector device using a discharge lamp (Title, Abstract) that is cooled by two currents of air pushed by cooling fans (par 0007, FIG. 3, fans 53 and 54) drawn through inlets (par 0049) and vented through at least one outlet (par 0007) in a housing (FIG. 3, par 0090). The cooling fans are positioned directly at the air intake (FIG. 3, fans 53 and 54).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the lamp system housing of modified Pollmann-Retsch with inlet(s), blower(s) coupled to the inlet(s), and an outlet nozzle for ventilation as taught by Saito. Doing so would yield the predictable result of pulling ample cooling air from the surroundings and providing a similar cooling duty as the pressurized air system of Pollmann-Retsch ‘125.
16. Regarding claim 7, modified Pollmann-Retsch teaches the system of claim 6, but although Pollmann-Retsch ‘125 discloses a pressure nozzle at the air outlet (pars 0004 and 0030), the combination does not explicitly teach wherein the air inlet is larger than the air outlet.
Saito teaches a projector device using a discharge lamp (Title, Abstract) that is cooled by two currents of air pushed by cooling fans (par 0007) wherein the air course opening is narrowed at the outlet (par 0007). Saito further teaches the importance of tailoring the area of air inlets such that there is adequate airflow to cool all parts of the lamp (par 0049).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the blower system of modified Pollmann-Retsch such that the air inlet is larger than the air outlet as taught by Saito. Doing so would predictably provide the same advantages, namely, constricting the airflow at the outlet to create the desired nozzle effect for convective cooling and ensuring that the inlet area is large enough to draw in enough cooling air.
17. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Pollmann-Retsch ‘125 and Brockschmidt as applied to claim 1 above, and further in view of Schnell et al (US 3940653 A).
Regarding claim 8, Pollmann-Retsch as modified by Brockschmidt teaches the system of claim 1, and Pollmann-Retsch teaches that mechanical stresses in the electrodes may be reduced by switching the power off and actively cooling the system (pars 0054-0057). The combination does not teach actuators in communication with the control unit that adjust the spacing between the electrodes.
Brockschmidt further teaches one or more actuators coupled to the electrodes (metal mesh 102 is operably coupled to an actuator 160, par 0045; one of the electrodes includes a metal mesh, Abstract), wherein the control unit is in communication with the one or more actuators (control circuit 114 instructs the actuator 160 to adjust a position of the metal mesh 102, par 0045). Since this actuator moves the electrode mesh in the direction of arrow 158 (par 0045, FIG 1B) transverse to the electrodes, Brockschmidt does not explicitly teach wherein the one or more actuators are configured to adjust the spacing between the electrodes and wherein the at least one aspect includes the spacing between the electrodes.
Schnell teaches an analogous arc discharge device (col 1 lines 40-58) wherein a working electrode is moved into the discharge chamber by a motorized roller with a speed automatically regulated in accordance with the current or the voltage of the arc discharge (col 4 lines 55-66), exemplified in the condition that when the current falls the electrode can be advanced to reduce the spacing with the electrode chamber until current has risen again (col 5 lines 2-17).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to actuate the electrodes of modified Pollmann-Retsch ‘125 via an actuator in connection with the controller as taught by Brockschmidt to adjust the spacing between the electrodes as taught by Schnell. Doing so would predictably enable the adjustment of electrode spacing to maintain operation of the lamp, especially advantageous for preventing asymmetrical erosion of the electrode over time as taught by Schnell (col 4 line 46 to col 5 line 17).
18. Claims 18, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Pollmann-Retsch ‘125 in view of Brockschmidt, Pollmann-Retsch ‘429, and Schnell.
19. Regarding claim 18, Pollmann-Retsch ‘125 teaches a system (lighting unit, Title, Abstract), comprising:
a high pressure or high intensity discharge (HID) lamp (Abstract);
a power source coupled to the lamp (electrical terminals of the discharge lamp 1 are connected to the electrical output terminals of a lamp driver 2, par 0029), wherein the power source is configured to supply power to the lamp (lamp driver 2 thus serves to transform the line voltage into a lamp voltage suitable for operating the discharge lamp, par 0029);
a blower (cooling device 3, pars 0030 and 0033, FIG. 1) coupled to the UV lamp (directs a gas or air stream onto the lamp, par 0030), wherein the blower is configured to blow cooling air into the UV lamp (cooling device 3…directs a gas or air stream onto the lamp, par 0030);
a pressure sensor (sensor 33, FIGS. 1-2) that is separate and distinct from the lamp (FIG. 1, sensor 33 provided near gas nozzle 32 outside lamp 1, pars 0031-0032) wherein the pressure sensor is within the environment and outside of the lamp (FIG. 1, sensor 33 provided near gas nozzle, pars 0031-0032), wherein the pressure sensor is configured to detect an air pressure within the environment that surrounds the lamp (air pressure source and which directs a gas or air stream onto the lamp, par 0030; sensor 33 located in environment, FIGS. 1-2) and output a pressure signal including air pressure data regarding the air pressure (connected to the lamp driver 2 for evaluation of the sensor signal, par 0031) within the environment that surrounds the lamp (FIGS. 1-2, sensor 33 located in environment; par 0044, cooling device may be switched off which would make pressure sensor 33 indicative of environmental pressure);
a temperature sensor that is separate and distinct from the lamp (FIG. 1, temperature sensor 34 may be arranged on the lamp, par 0034) wherein the temperature is within the environment and outside of the lamp (second sensor 34 arranged on the discharge vessel 11 of the lamp 1, i.e. positioned proximal to an outside surface of the lamp, par 0034) wherein the temperature sensor is configured to detect an air temperature within the environment (sensor 34 detects the lamp temperature and in particular the temperature of the wall of the discharge vessel, par 0034; sensor 34 located in environment, FIG. 1) and output a temperature signal including air temperature data regarding the air temperature within the environment that surrounds the lamp (instantaneous temperature of the wall of the discharge vessel i.e. the edge of the ambient environment detected by evaluating the output signal of the second sensor 34, par 0046); and
a control unit including one or more processors (control unit 23 takes the form of a microprocessor unit, par 0041) configured to:
receive, from the pressure sensor, the pressure signal (control unit 23, to the first input of which the output signal of the first sensor 33 is applied, par 0040) including the air pressure data regarding the ambient air pressure that surrounds the UV lamp (FIGS. 1-2, sensor 33 located in environment; par 0044, cooling device may be switched off which would make pressure signal indicative of environmental pressure),
receive, from the temperature sensor, the temperature signal (second sensor 34 is also connected to the lamp driver 2 for evaluation of the sensor signal, par 0034) including the air temperature data regarding the air temperature that surrounds the UV lamp (instantaneous temperature of the wall of the discharge vessel detected by evaluating the output signal of the second sensor 34, par 0046),
analyze the air pressure data regarding the ambient air pressure that surrounds the lamp (evaluation of pressure allows not only monitoring of the cooling device but also specific control of the cooling power acting on the lamp, par 0031) and air temperature data regarding the air temperature that surrounds the lamp (evaluation of the temperature of the wall of the discharge vessel, par 0034) in relation to a breakdown voltage for the lamp (control unit 23 detects…the lamp voltage, par 0040), and modify at least one aspect of the lamp based on the ambient air pressure data and the ambient air temperature (evaluation of one of these variables allows…specific control of the cooling power acting on the lamp, par 0031).
modify aspects of the UV lamp in response to the ambient air pressure that surrounds the UV lamp and the ambient air temperature that surrounds the UV lamp yielding a breakdown threshold that is less than the breakdown voltage (evaluation of one of these variables allows…specific control of the cooling power acting on the lamp, par 0031; control unit 23 detects…the lamp voltage i.e. the lamp is operational based on the pressure/temperature being in appropriate range, par 0040).
Pollmann-Retsch ‘125 further teaches wherein the control unit is in communication with the power source (control unit 23…connected to the trigger circuit, Pollmann-Retsch ‘125 par 0040), and wherein the aspects of the UV lamp comprise power supplied to the UV lamp from the power source (as a function of…lamp voltage…output power of the lamp may be controlled, par 0041),
wherein the control unit is in communication with the blower (second output of the control unit 23 is applied to the cooling device 3 for activation thereof, par 0040).
Pollmann-Retsch ‘125 does not teach that the lamp would be an ultraviolet (UV) lamp including one or more UV light emitters coupled to electrodes to emit UV light within an environment, that the system could include actuators configured to adjust the spacing of the electrodes, or wherein the control unit would be configured to adaptively control the blower to vary the air pressure within the lamp.
Brockschmidt teaches a system for extending a lifespan of a dielectric barrier gas discharge lamp producing UV light (Title, Abstract, par 0003). The lamp is composed of a pair of electrodes and a gas ionizable to produce, i.e., emit UV light (pars 0023-0024), reading upon one or more UV light emitters configured to emit UV light. Brockschmidt further teaches that voltage discharges reduce a lifespan of the excimer lamp (par 0003), offering a control solution wherein a temperature sensor identifies hot spots and adjusts the power supply accordingly (par 0006).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lamp control system of Pollmann-Retsch ‘125 to operate an excimer lamp that emits UV light as taught by Brockschmidt. Doing so would predictably operate to extend the lamp lifespan in the same manner, as Brockschmidt teaches that at least temperature control is essential to preserving the lifespan of this analogous UV lamp. See MPEP 2143(I)(B).
Brockschmidt further teaches one or more actuators coupled to the electrodes (metal mesh 102 is operably coupled to an actuator 160, par 0045; one of the electrodes includes a metal mesh, Abstract), wherein the control unit is in communication with the one or more actuators (control circuit 114 instructs the actuator 160 to adjust a position of the metal mesh 102, par 0045). Since this actuator moves the electrode mesh in the direction of arrow 158 (par 0045, FIG 1B) transverse to the electrodes, Brockschmidt does not explicitly teach wherein the one or more actuators are configured to adjust the spacing between the electrodes and wherein the at least one aspect includes the spacing between the electrodes.
Schnell teaches an analogous arc discharge device (col 1 lines 40-58) wherein a working electrode is moved into the discharge chamber by a motorized roller with a speed automatically regulated in accordance with the current or the voltage of the arc discharge (col 4 lines 55-66), exemplified in the condition that when the current falls the electrode can be advanced to reduce the spacing with the electrode chamber until current has risen again (col 5 lines 2-17).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to actuate the electrodes of modified Pollmann-Retsch ‘125 via an actuator in connection with the controller as taught by Brockschmidt to adjust the spacing between the electrodes as taught by Schnell. Doing so would predictably enable the adjustment of electrode spacing to maintain operation of the lamp, especially advantageous for preventing asymmetrical erosion of the electrode over time as taught by Schnell (col 4 line 46 to col 5 line 17).
Although Pollmann-Retsch ‘125 depicts a temperature sensor 34 separate and distinct from the lamp 11 positioned in the space outside the lamp (FIG. 1), the disclosure states this sensor may be arranged on the discharge vessel (par 0034) which is analogous to the positioning of the temperature sensor on the outside of the UV lamp per present Specification par 0037, FIG. 4 (see also claim 10) to sense the ambient temperature. However, viewing the reference as a whole, it is not indisputably clear that Pollmann-Retsch ‘125 teaches that the temperature sensor measures the ambient temperature as per present Specification par 0037.
Beasley teaches an analogous lamp assembly with temperature feedback cooling control (par 0004, FIG. 2) wherein temperature sensor 220 may be placed within the lamp assembly 205 or equivalently near the lamp assembly 205 to sense the operating temperature within the environment of the lamp (par 0022). This arrangement of temperature monitoring circuitry determines the temperature of the airflow (par 0026), which advantageously enables control of the cooling system which varies in cooling effectiveness according to the ambient temperature detected (pars 0028-0029).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of the temperature sensor in Pollmann-Retsch ‘125 at a distance from the lamp such that it measures the ambient temperature of the airflow as taught by Beasley. Doing so would provide the same advantage of controlling the cooling system according to detected ambient temperature with a reasonable expectation of success, ensuring proper cooling of the lamp as taught by Beasley. See MPEP 2143(I)(G).
Pollmann-Retsch ‘429 teaches methods for driving a gas discharge lamp (Title, Abstract) including a forced cooling means, such as a fan or ventilator (par 0070) that serves to adjust the pressure inside the gas discharge lamp (pars 0070-0071), which may be measured via a pressure sensor inside the lamp (par 0070). Pollmann-Retsch ‘429 further explains that this control of pressure enables the pressure to be actively maintained at a predetermined required pressure value (par 0070).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use the cooling unit of the above-modified Pollmann-Retsch system to vary the pressure within the lamp as taught by Pollmann-Retsch ‘429. Doing so would predictably enable improved control of operating pressure, which Pollmann-Retsch ‘429 teaches would stabilize the light flux generated by the lamp (par 0032). See MPEP 2143(I)(G).
20. Regarding claim 19, modified Pollmann-Retsch ‘125 teaches the system of claim 18, though Pollmann-Retsch ‘125 is silent regarding the environment. Brockschmidt teaches that the UV excimer lamp can be utilized for disinfecting water, air, or structures (par 0021) aboard an aircraft such as within a flight deck and/or cockpit (par 0003), reading upon wherein the environment is an internal cabin of a vehicle.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use the lamp of modified Pollmann-Retsch ‘125 in an internal cabin of a vehicle as taught by Brockschmidt. Doing so would predictably provide the same UV disinfection capabilities as needed within the vehicle using a lamp that has improved lifespan due to pressure and temperature monitoring.
21. Regarding claim 21, modified Pollmann-Retsch ‘125 teaches the system of claim 18, wherein the pressure sensor may be housed in a pressure line (par 0047) and the temperature sensor 34 may be arranged on the discharge vessel/may be directly on the lamp (par 0034). Under the broadest reasonable interpretation of “a housing” as any structural element that houses parts of the lamp system, especially in consideration of the limitation requiring that the sensors are “separate and distinct” from the lamp, this reads upon wherein the pressure sensor and the temperature sensor are secured to a housing of the UV lamp.
22. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Pollmann-Retsch ‘125, Pollmann-Retsch ‘429, Brockschmidt, and Schnell as applied to claim 18 above, and further in view of Saito.
Regarding claim 20, Pollmann-Retsch ‘125 as modified above teaches the system of claim 18, wherein the UV lamp comprises a blower within a cooling system housing (pressure line 31 that houses pressure sensor 33, Pollmann-Retsch ‘125 par 0031; directs a gas or air stream onto the lamp, Pollmann-Retsch ‘125 par 0030) and an air outlet near the lamp housing (nozzle 32, Pollmann-Retsch ‘125 par 0030, FIG. 1). The combination does not teach an inlet to either housing wherein the blower is coupled to the air inlet, nor that the air inlet would be larger than the air outlet.
Saito teaches a projector device using a discharge lamp (Title, Abstract) that is cooled by two currents of air pushed by cooling fans (par 0007, FIG. 3, fans 53 and 54) drawn through inlets (par 0049) wherein the air course opening is narrowed at the outlet (par 0007) of a housing (FIG. 3, par 0090). The cooling fans are positioned directly at the air intake (FIG. 3, fans 53 and 54). Saito further teaches the importance of tailoring the area of air inlets such that there is adequate airflow to cool all parts of the lamp (par 0049).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the lamp system housing of modified Pollmann-Retsch with inlet(s), blower(s) coupled to the inlet(s), and a narrowed outlet as taught by Saito. Doing so would yield the predictable result of ensuring that the inlet area is large enough to draw in enough cooling air from the surroundings and accelerating the airflow to provide a similar cooling duty as the pressurized air system of modified Pollmann-Retsch.
Response to Arguments
Applicant’s arguments, see Appeal Brief filed 04 March 2026, pages 11-14, with respect to the rejections of claims 1-3, 5-10, and 18-21 under 35 U.S.C.103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. Examiner notes for the record Applicant’s argument that a temperature taken from a sensor that may be in contact with air in the environment but is configured to directly measure the temperature of the lamp or lamp housing (in this case, a temperature taken from a sensor that is proximal to the wall of the discharge vessel as configured per FIG. 1 of Pollmann-Retsch ‘125) is not an ambient temperature. Without conceding propriety of the prior rejection, which relied upon the startup condition wherein the lamp could be in thermal equilibrium with the ambient before first application of the breakdown voltage, Examiner instead seeks to clarify the claim scope such that a controller must be configured to receive and analyze air temperature data that is indicative of a measured ambient air temperature within the environment at every phase of system operation. In light of this clarification, new grounds of rejection under 35 U.S.C. 103 are raised in view of Beasley, as Beasley demonstrates that by positioning a lamp temperature sensor at a distance from a lamp a controller is able to similarly control the temperature and power of the lamp by monitoring the temperature of the airflow (par 0026).
Regarding Applicant’s arguments that the sensor 34 is not separate and distinct from the lamp nor is it configured to detect a pressure of an environment that surrounds the lamp, Examiner respectfully disagrees. The sensor 34, even when mounted on the lamp 11, does not preclude it from being separate and distinct from the lamp, as it appears to be a distinct device that is manufactured in a way that is not inherently integral to the lamp housing (i.e., separate). Further, the sensor 34 is configured to measure temperature, and the Office action relies upon sensor 33 to detect a pressure of an environment that surrounds the lamp. Being positioned near the cooling air outlet or in the pressure line (par 0031, FIG.1), this sensor 33 is clearly separate and distinct from the lamp 11. Both sensors are connected to the lamp driver 2 (par 0031, FIG. 1), akin to the presently claimed control system (lamp driver 2 further comprises a control unit 23, par 0040), and if Applicant intends to argue in pages 12-13 that the connection of sensors to the lamp electronic control somehow precludes these sensors from being separate and distinct, the Examiner questions how such separate and distinct sensors would purport to work within Applicant’s claimed system.
To overcome the rejections, the Examiner suggests defining the control functions more specifically to differentiate from the prior art. For example, the broad recitation of “analyze the air pressure data and air temperature data…in relation to a breakdown voltage” is read upon by the control unit of Pollmann-Retsch ‘125 simply because it measures and controls the lamp based on all three of pressure, temperature, and lamp voltage. Further, “modify at least one aspect of the UV lamp based on the ambient air pressure data and the ambient air temperature data” is so broad that it includes simply turning off the lamp when a pressure/temperature threshold is reached (e.g. par 0043). It is understood that the novelty of the claimed system is to control lamp operating variables including applied power, cooling duty, electrode spacing in very specific ways (see Specification pars 0040-0044) to reduce the possibility of breakdown based on changes in ambient pressure and temperature that are experienced in aircraft. Examiner welcomes discussion with Applicant regarding language that reflects these differences from the prior art, or regarding any questions about rejections or arguments presented herein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ferguson et al (US 7183727 B2) teaches an analogous fluorescent lamp system (Abstract, col 1 lines 34-55) wherein ambient temperature and operating temperature are measured for feedback control of lamp current to facilitate consistent lamp brightness over the lamp life (col 4 lines 38-57).
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/ERIC TALBERT/ Examiner, Art Unit 1758
/MARIS R KESSEL/ Supervisory Patent Examiner, Art Unit 1758
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