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 .
Response to Amendment
It is acknowledged that claims 1 and 14 have been amended, claims 8-9 and 16 have been cancelled, and claims 21-22 have been added by Applicant. Claims 1-7, 10-15, and 17-22 are currently pending in the application.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 14 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. Specifically, Applicant incorporated the content of previously presented claims 8-9 and 16 into claim 1 and 14, respectively, and argued that Mehra does not disclose the amended portion of the claim. Claim 9 was rejected in the non-final office action as being unpatentable over Mehra, in view of Kay. The argument is moot as Mehra was not previously cited as disclosing the limitations of which Applicant argues Mehra does not disclose. Accordingly, the 35 U.S.C. 102(a)(1) rejections are withdrawn based on the amendments to claims 1 and 14 and a new grounds of rejection is made.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. In this case, claim 10 depends upon claim 8, which has been cancelled by Applicant. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements. For the purpose of examination, Examiner interprets the claim to depend on claim 1.
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 1-4, 7, 10, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Mehra et al. (US-10842896-B1), hereinafter “Mehra”, in view of Kay et al. (US-20190374664-A1), hereinafter “Kay”.
Regarding Claim 1, Mehra discloses an apparatus for disinfecting a handheld electronic device (a device for the disinfection of a portable object… the portable object can include… electronic devices; see Col. 2 Lines 8-11), comprising: an enclosure (housing 102 encloses an internal cavity 104; see Col. 5 Line 55); one or more light sources disposed within the enclosure (UV lights are positioned at predefined/predetermined positions inside the cavity 104; see Col. 7 Lines 31-32), the one or more light sources configured to emit one or more wavelengths of light in the UVC sub-band of light (UV lights 132 can emit UV-C; see Col. 7 Lines 39-40); a disinfecting chamber having an interior chamber configured to receive a handheld electronic device (the object 108 can be transferred from the upper surface of the housing to the cavity 104 where it is subjected to disinfection; see Col. 5 Lines 57-59), the disinfecting chamber configured to receive the one or more wavelengths of light within the interior chamber (UV illuminated cavity 104; see Col. 7 Line 42); a display device configured to display information (The HMI can include a display to provide a visual interface; see Col. 10 Lines 36-37); and a controller (a computing unit 214; see Col. 10 Lines 1-2) in communication with the at least one or more light sources (computing unit 214 operatively coupled to the UV lights; see Col. 10 Lines 1-2), the display device (“coupled to the computing unit 214, and it can be configured to operatively couple the device 100 with the mobile devices”; see Col. 10 Lines 16-18; and “mobile devices can be Human Machine Interface (HMI)”; see Col. 10 Lines 32-33), and a non-transitory memory (The memory 218 can include any non-transitory storage device; see Col. 11 Lines 30-31) storing instructions (computer-readable instructions stored in a memory 218; see Col. 11 Lines 26-27), which instructions when executed cause the controller to (“store instructions that, when executed by the processing resource, implement the processing engines”; see Col. 11 Lines 58-60; and “processing engines 222 can include… an UV sterilization control engine 226; see Col. 12 Lines 3-5): control the one or more light sources to emit the one or more wavelengths of light in the UVC sub-band of light (UV sterilization control engine 226 can… transmit a set of second control signals to the UV lights 132 for emitting UV-C light of predefined wavelength; see Col. 12 Lines 20-26) for a period of time sufficient to produce a germicidal effect on one or more microorganisms (UV-C light… to facilitate sterilization of the object… This can target the DNA of microorganisms, causing cell death of making reproduction impossible. As a result, substantially all the microorganisms present on the object 108 can be killed; see Col. 7 Lines 40-46); and control the display device to display information during at least the period of time the one or more light sources are controlled to emit the one or more wavelengths of light (see Col. 10 Lines 36-38), and determine and record operational information relating to the one or more light sources (data that is either stored or generated as a result of functionalities implemented by any of the components of the processing engines… processing engines can include… and UV sterilization control engine; see Col. 11 Line 67 – Col. 12 Line 5; Because the functionalities of the UV control engine includes operating the UV lights, then the data generated and stored as a result of those functionalities includes operational data or information).
Regarding the limitation claiming “to display information during at least the period of time the one or more light sources are controlled to emit the one or more wavelengths of light”, Mehra teaches “…can include a display to provide a visual interface to the user to monitor and control the operations of the device” (see Col. 10 Lines 36-38). Monitoring operations of the device implies that the display serves a continuous role in interacting with the user for the duration of the device’s operation. The word “monitor” implies ongoing observation or tracking of the device’s performance, which means the display is continuously showing real-time information as the device functions.
Mehra does not explicitly teach what the operational information includes. However, Kay discloses determination of operational information including a cumulative operating time (may provide a user with details such as, but not limited to, time remaining on cycle; see [0060]).
Mehra and Kay are both considered to be analogous to the claimed invention because they are in the same field of electronic device sanitization. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mehra to incorporate the teachings of Kay and determine a cumulative operating time. Doing so would aid the user in determining the duration of cleaning and sanitizing for a handheld device (see Kay [0060]).
Regarding Claim 2, Mehra and Kay together disclose the apparatus of claim 1. Mehra further discloses a device elevator system (second driving mechanism; see Col. 7 Line 2) in communication with the controller (computing unit 214 operatively coupled to… the driving mechanisms 202), the device elevator system configured to move the handheld electronic device within the interior chamber (second driving mechanism can be configured to move the first platform 122 between the first position and the second position; see Col. 7 Lines 4-6; and “first platform 122 for receiving the object”; see Col. 6 Lines 43-44) along a lengthwise axis of the disinfecting chamber relative to the one or more light sources (“first position can correspond to a position where the first platform 122 receives the object 108… define an inlet… second position can be at a predefined distance below the first position. The second position can be substantially proximal to a bottom end of the cavity 104”; see Col. 6 Lines 49-56; and “UV lights are positioned… between the first position and the second position; see Col. 7 Lines 31-33); and wherein the instructions when executed cause the controller to control the device elevator system (“store instructions that, when executed by the processing resource, implement the processing engines”; see Col. 11 Lines 58-60; and “processing engines 222 can include… a drive mechanism control engine 224; see Col. 12 Lines 3-5) to move the handheld electronic device within the interior chamber (drive mechanism control engine 224 can… generate and transmit a set of first control signals to the any or a combination of the driving mechanisms 202, to allow controlled movement of the object 108 from the upper surface of the first panel to the outlet 106, through the device 100; see Col. 12 Lines 11-19) relative to the one or more light sources a distance sufficient for substantially all of a length of the handheld device to be interrogated with the one or more wavelengths of light emitted from the one or more light sources (UV lights 132-3 can be arranged in rows that extend the entire length and width of the first platform 122. In this manner, the object 108 placed on the surface of the first platform 122 can be completely illuminated by the UV-C light as it is moved between the inlet and the outlet of the housing; see Col. 7 Lines 55-60).
Regarding Claim 3, Mehra and Kay disclose the apparatus of claim 2. Mehra further discloses wherein the one or more light sources include a first light source module in communication with a first side of the disinfecting chamber (UV lights 132-1 and 132-2 can be positioned at least on opposing inner sidewalls of the housing 102; see Col. 7 Lines 47-49), and a second light source module in communication with a second side of the disinfecting chamber (UV lights 132-1 and 132-2 can be positioned at least on opposing inner sidewalls of the housing 102; see Col. 7 Lines 47-49), wherein the first side of the disinfecting chamber is opposite the second side of the disinfecting chamber (opposing inner sidewalls; see Col. 7 Line 47) and the interior chamber is disposed therebetween (UV-illuminated cavity 104 between the first position and the second position; see Col. 7 Lines 42-43). Regarding the term “module”, a module is inherent for a working UV light, and therefore it is inherent that each UV light described by Mehra is coupled with a module.
Regarding Claim 4, Mehra and Kay together disclose the apparatus of claim 3. Mehra further discloses wherein the first light source module and the second light source module each include a plurality of light emitting diodes (LED) (The UV lights 132 can be UV LEDs; see Col. 13 Line 6), and each LED is configured to selectively produce at least one of the one or more wavelengths of light in the UVC sub-band of light (UV LEDs… to emit UV-C light of wavelength 220-280 nm; see Col. 13 Lines 6-9).
Regarding Claim 7, Mehra and Kay together disclose the apparatus of claim 1. Mehra further discloses wherein the enclosure includes an enclosure door (can include a first panel 110 (also referred to as an inlet door…); see Col. 5 Lines 62-63) that is positionable in a closed position and an open position (The first panel 110 can be configured to open and close the inlet… the first panel can be configured to move between a closed position and an open position; see Col. 6 Lines 5-8), and in the closed position the enclosure defines an interior region of the enclosure (“The closed position can correspond to a position where the inlet is closed by the first panel 110”; see Col. 6 Lines 8-10; and “first panel 110 is configured to be movably coupled to an inlet to the cavity 104”; see Col. 5 Lines 64-65); and wherein the enclosure door includes a port that is aligned with the disinfecting chamber, such that the handheld electronic device inserted within the port will be aligned with the disinfecting chamber for receipt within the interior chamber of the disinfecting chamber (first panel 110… movably coupled to an inlet to the cavity 104… open position can correspond to a position where the inlet is at least partially open to facilitate movement of the object 108 into the cavity 104; see Col. 5 Line 64 – Col. 6 Line 12).
Regarding Claim 10, Mehra and Kay together disclose the apparatus of claim 1. Mehra further discloses wherein the instructions when executed cause the controller to communicate the operational information to a remote monitoring station (communication unit 206 operatively coupled to the computing unit 214, and configured to communicatively couple the device 100 with one or more mobile computing devices, such that a user can remotely control the device 100… for monitoring and controlled operation of the device; see Col. 10 Lines 9-26).
Regarding Claim 14, Mehra discloses a method (various methods described herein; see Col. 5 Line 22) of disinfecting a handheld electronic device (see e.g. Col. 2 Lines 8-11), comprising: providing an apparatus having an enclosure (housing 102 encloses an internal cavity 104; see Col. 5 Line 55); one or more light sources disposed within the enclosure (UV lights are positioned at predefined/predetermined positions inside the cavity 104; see Col. 7 Lines 31-32), the one or more light sources configured to emit one or more wavelengths of light in the UVC sub-band of light (UV lights 132 can emit UV-C; see Col. 7 Lines 39-40); a disinfecting chamber having an interior chamber configured to receive a handheld electronic device (the object 108 can be transferred from the upper surface of the housing to the cavity 104 where it is subjected to disinfection; see Col. 5 Lines 57-59), the disinfecting chamber configured to receive the one or more wavelengths of light within the interior chamber (UV illuminated cavity 104; see Col. 7 Line 42); a display device configured to display information (The HMI can include a display to provide a visual interface; see Col. 10 Lines 36-37); disposing the handheld electronic device within the interior chamber of the disinfecting chamber (see e.g. Fig. 4a part 406-410); using the one or more light sources to interrogate the handheld electronic device with the one or more wavelengths of light in the UVC sub-band of light for a period of time sufficient to produce a germicidal effect on one or more microorganisms (see Fig. 4a part 414 and “UV-C light… to facilitate sterilization of the object… This can target the DNA of microorganisms, causing cell death of making reproduction impossible. As a result, substantially all the microorganisms present on the object 108 can be killed”; see Col. 7 Lines 40-46) and controlling the display device to display (“coupled to the computing unit 214, and it can be configured to operatively couple the device 100 with the mobile devices”; see Col. 10 Lines 16-18; and “mobile devices can be Human Machine Interface (HMI)… HMI can include a display”; see Col. 10 Lines 32-37) information during at least the period of time the one or more light sources are used to interrogate the handheld device with the one or more wavelengths of light (see e.g. Col. 10 Lines 36-38), and determining and recording operational information relating to the one or more light sources (data that is either stored or generated as a result of functionalities implemented by any of the components of the processing engines… processing engines can include… and UV sterilization control engine; see Col. 11 Line 67 – Col. 12 Line 5; Because the functionalities of the UV control engine includes operating the UV lights, then the data generated and stored as a result of those functionalities includes operational data or information).
Regarding the limitation claiming “to display information during at least the period of time the one or more light sources are used to interrogate the handheld device with the one or more wavelengths of light”, Mehra teaches “…can include a display to provide a visual interface to the user to monitor and control the operations of the device” (see Col. 10 Lines 36-38). Monitoring operations of the device implies that the display serves a continuous role in interacting with the user for the duration of the device’s operation. The word “monitor” implies ongoing observation or tracking of the device’s performance, which means the display is continuously showing real-time information as the device functions.
Mehra does not explicitly teach what the operational information includes. However, Kay discloses determination of operational information including a cumulative operating time (may provide a user with details such as, but not limited to, time remaining on cycle; see [0060]). This would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention because doing so would aid the user in determining the duration of cleaning and sanitizing for a handheld device (see Kay [0060]).
Regarding Claim 15, Mehra and Kay together disclose the method of claim 14. Mehra further discloses further comprising using a device elevator system to move the handheld electronic device within the interior chamber along a lengthwise axis of the disinfecting chamber relative to the one or more light sources (second driving mechanism can be configured to move the first platform 122 between the first position and the second position; see Col. 7 Lines 4-6; and “first platform 122 for receiving the object”; see Col. 6 Lines 43-44) along a lengthwise axis of the disinfecting chamber relative to the one or more light sources (“first position can correspond to a position where the first platform 122 receives the object 108… define an inlet… second position can be at a predefined distance below the first position. The second position can be substantially proximal to a bottom end of the cavity 104”; see Col. 6 Lines 49-56; and “UV lights are positioned… between the first position and the second position; see Col. 7 Lines 31-33) a distance sufficient for substantially all of a length of the handheld device to be interrogated with the one or more wavelengths of light emitted from the one or more light sources (UV lights 132-3 can be arranged in rows that extend the entire length and width of the first platform 122. In this manner, the object 108 placed on the surface of the first platform 122 can be completely illuminated by the UV-C light as it is moved between the inlet and the outlet of the housing; see Col. 7 Lines 55-60).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Mehra et al. (US-10842896-B1), hereinafter “Mehra”, in view of Kay et al. (US-20190374664-A1), hereinafter “Kay” and Yoshino (JP-2010233606-A).
Regarding Claim 5, Mehra and Kay together disclose the apparatus of claim 1.
Mehra does not explicitly teach a cooling system. However, Yoshino discloses a cooling system in communication with the controller (cooling device 53; see [0015]), the cooling system configured to move ambient air through an interior region of the enclosure (The fan 33 blows air toward the cooling water pipe 44, causing the cooled air to circulate inside the sterilization chamber; see [0022]); and wherein the instructions when executed cause the controller to control the cooling system (The control unit 60 controls the cooling device 53; see [0020]) to selectively move ambient air through the interior region of the chamber (The fan motor 34 is connected to a control unit 60 and is controlled by the control unit 60 to rotate and stop; see [0021]). Regarding the limitation of the controller responding to the instructions, while Yoshino does not explicitly mention instructions, the autonomous operation of the controller implies that there is some form of instructions stored in the controller. Further, it logically follows that when modifying Mehra with Yoshino, the controllers are analogous to each other, and it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used instructions to inform controller actions, as disclosed by Mehra. While Yoshino discloses a cooling device of the “water cooling type” in paragraph [0015], paragraph [0022] discloses “When the fan 33 ventilates towards the cooling water piping 44, the cooled air circulates through sterilization chamber 3…”. In Fig. 4, the fan 33 is disposed on the wall of the apparatus, and it is therefore understood by one of ordinary skill in the art that the fan is pulling in ambient air to circulate through the sterilization chamber.
Mehra and Yoshino are both considered to be analogous to the claimed invention because they are in the same field of UV sterilization chambers. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mehra to incorporate the teachings of Yoshino and include a cooling system. Doing so would allow the temperature inside the device to be maintained and adjusted to a preferable range (see e.g., Yoshino [0022]).
Regarding Claim 6, Mehra and Yoshino together disclose the apparatus of claim 5. Yoshino further teaches the cooling system including one or more temperature sensors (temperature and humidity detector; see [0018]) that produce a signal (output detected values to the control unit 60; see [0018]) and the instructions when executed cause the controller to control the cooling system to selectively move ambient air through the interior region of the chamber (The fan motor 34 is connected to a control unit 60 and is controlled by the control unit 60 to rotate and stop; see [0021]) based at least in part on the signals from the one or more temperature sensors (The fan 33 blows air… Therefore, if the temperature inside the sterilization chamber 3 rises, the temperature can be lowered; see [0022]). This modification would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention because doing so would allow temperature to be detected (see Yoshino [0018]) and effectively lower the temperature if it rises (see Yoshino [0022]).
Claims 11-13 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mehra et al. (US-10842896-B1), hereinafter “Mehra”, in view of Kay et al. (US-20190374664-A1) Tong (CN-204348277-U).
Regarding Claim 11, Mehra and Kay together disclose the apparatus of claim 1.
Mehra does not explicitly teach a display capable of displaying non-operational information. However, Tong discloses a controller responding to instructions to control the display device (display unit 101… is connected to the main control circuit board 102; see [0029]) to display non-operational information (The display unit 101 is a liquid crystal display screen… and is used to display the advertising information; see [0030]).
Mehra and Tong are both considered to be analogous to the claimed invention because they are in the same field of electronic device sanitation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mehra to incorporate the teachings of Tong and include advertisements on the display. Doing so would allow users to browse advertisement information when the electronic products are disinfected (see Tong, Abstract).
Regarding Claim 12, Mehra, Kay, and Tong together disclose the apparatus of claim 11. Tong further discloses the controller being in communication with a remote source that selectively provides the non-operational information (advertising box further includes a wired network interface module 112, which is electrically connected to the main control circuit board 102 and can be used to remotely control the advertising box and update the advertising information of the advertising box [0052]). This modification would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention because it would allow users to browse advertisement information when the electronic products are disinfected (see Tong, Abstract).
Regarding Claim 13, Mehra, Kay, and Tong together disclose the apparatus of claim 12. Tong further discloses the non-operational information including advertisements (see [0030]). Regarding the limitation claiming “third party advertisements”, this does not patentably distinguish the invention from the prior art. The apparatus of the prior art is capable of displaying advertisements, therefore the specific advertisement(s) it displays is understood to be under the discretion of the user/owner of the apparatus. This modification would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention because it would allow users to browse advertisement information when the electronic products are disinfected (see Tong, Abstract).
Regarding Claim 17, the limitations of this claim do not exceed those of claim 11. Please refer to the claim 11 rejection for the associated rationale.
Regarding Claim 18, the limitations of this claim do not exceed those of claim 12. Please refer to the claim 12 rejection for the associated rationale.
Regarding Claim 19, the limitations of this claim do not exceed those of claim 13. Please refer to the claim 13 rejection for the associated rationale.
Regarding Claim 20, Mehra, Kay, and Tong together disclose the method of claim 18. Tong further discloses the apparatus being controlled by a custodial party and the custodial party providing the non-operational information displayed (see [0021]). Tong discloses the apparatus displaying advertisements. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the advertisements, or non-operational information, must be provided to the apparatus, via upload or download, by the advertiser. This exemplifies a custodial party (the advertiser) providing the non-operational information (the advertisement) being displayed.
Regarding Claim 21, Mehra, Kay, and Tong together disclose the apparatus of claim 12. The remaining limitations are functional limitations that do not further limit the structure of the device. The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)). The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). Hence, the limitation of displaying information consisting of general new information, entertainment information, or information relating to the business does not further define the actual structure of the device, but merely sets forth a manner of operating the device. Functional limitations that do not limit the structure need not be given further due consideration in determining patentability of an apparatus.
Regarding Claim 22, Mehra, Kay, and Tong together disclose the method of claim 18. The apparatus of the prior art is capable of displaying information in video format or picture format. Therefore, the specific information it displays is understood to be under the discretion of the user/owner of the apparatus. Further, Mehra discloses, “the device 100 can generate an indication for payment confirmation using one or more LEDs or alarms” (see Col. 14 Lines 54-55). Using the broadest reasonable interpretation of “display”, an LED that indicates payment confirmation can be considered a display, as it is displaying the information of payment confirmation. A payment confirmation is considered information relating to the business providing the apparatus, as it communicates the information that the business providing the apparatus has been paid.
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.
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/A.L.K./Examiner, Art Unit 1774 /DUANE SMITH/ Supervisory Patent Examiner, Art Unit 1759