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 .
DETAILED ACTION
Applicant's submission filed on January 14, 2026 was received and has been entered. Claims 4-5 and 8 were amended. Claims 3 and 7 were cancelled. Claims 4-6 and 8 are in the application and pending examination. Claims 1-2 have been withdrawn. Replacement Paragraph 12 was submitted. A replacement paragraph was submitted to amend the title.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Drawings
The previous objection to the drawings under 37 CFR 1.83(a) is maintained based on the “gas blower” in claims 6-8 must be shown or the feature(s) canceled from the claim(s). Replacement Fig. 3 should be accompanied by a statement that no new matter has been added to application based on the submission of the replacement Fig. 3.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the illuminance of the UV light transmitted through the cylindrical body is detected between the center and the lower end of the cylindrical body” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The previous objection to the title of the invention for not being descriptive is maintained. A new title is required that is clearly indicative of the invention to which the claims are directed.
The previous objection to the specification as failing to provide proper antecedent basis for the claimed subject matter “gas blower” is withdrawn.
Claim Interpretation
This application is no longer being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier based on the replacement of this term “gas blowing mechanism” in claims 6-8 with the term “gas blower.
Claim Rejections - 35 USC § 103
The previous rejection of claims 4-5 under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20160318797 A1 to Doug Childers (hereinafter Childers) is withdrawn based on the amendment to claims 4-5.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20160318797 A1 to Doug Childers (hereinafter Childers) and US Pat. Pub. No. 20180306641 A1 to Doug Childers Assignee: Phoseon Technology (hereinafter Phoseon ‘641) and “Lighting variables and formulae” Bega. Com (hereinafter Bega) and “Converting from radiometric units (Rus) to photometric units (Pus)” .
Regarding claim 4, Childers teaches an apparatus (133) for producing an optical fiber (175) coated with a UV- curable resin material, comprising: a cylindrical body (126) configured to allow transmission of UV light, through which a glass fiber (175) coated with a UV-curable resin material is passed;
a UV irradiation furnace (133) including a light source (LEDs of 112 and 113) which irradiates the UV light (from UV light source 112 or 113) to the UV- curable resin material from outside the cylindrical body (126). (See Childers, Abstract, Figs. 1-6, paragraphs 16-19, 36-46 .)
Childers does not explicitly teach a power controller configured to control the power input to the light source so that a cure extent of a coating comprising the cured UV-curable resin material is constant based on the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body.
Childers teaches the power controller (external controller 208) controls the power input to the light source based on light sensed from optical fiber and light output intensity in response to curing tube clarity and transmittance. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 37, 31, 48-53, 79-83, 85, 89.) (Examiner is considering adjusting the light intensity to be equivalent to “controlling the power input to the light source based on a square root of the product of the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body” based on the illuminance from the light source and the illuminance from UV light transmitted through the cylindrical body is directly proportional to the power supplied to the light source and transmitted through the cylindrical body ( Illuminance is generally proportional to power in LEDs. (See Bega NPL and Bivar NPL)
It would have been obvious to a person of an ordinary skill in the art before the effective filing date of the claimed invention to include a power controller configured to control the power input to the light source so that a cure extent of a coating comprising the cured UV-curable resin material is constant based on the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body; because Childers teaches the cure rate can be adjusted by adjusting the power of the radiation to provide a more uniform curing of protective fiber coatings. (See Childers, Abstract, Figs. 1-6, paragraphs 28, 30, 31, 48-53, 79-83, 85, 89.)
Regarding claim 4, Childers does not explicitly teach the illuminance of the UV light transmitted through the cylindrical body is detected between the center and the lower end of the cylindrical body. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 31, 37, 48-53, 79-83, 85, 89.)
Phoseon ‘641 teaches a number of light detectors are positioned on a side of to receive light from light sources (122, 123). (See Phoseon ‘641, Fig. 1 and paragraph 21.)
( Illuminance is generally proportional to power in LEDs. (See Bega NPL and Bivar NPL)
Phoseon ’641 teaches additional light receivers positioned along with additional light sources for determining transmittance. (See Phoseon ’641, Fig. 1 and paragraph 21.)
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the illuminance of the UV light transmitted through the cylindrical body detected between the center and the lower end of the cylindrical body, through routine experimentation, with a reasonable expectation of success, to the select the proper location for the light detector, as a result-effective variable, in order to provide the optimal position for receiving the light from the light source to determine transmittance or clarity of the light tube. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1969)) (See Phoseon ‘641, Abstract, Fig. 1 and paragraphs 21, 33, 41, 43, 52, and 76.)
Regarding claim 4, Childers teaches the power controller (external controller 208) controls the power input to the light source based on the product of the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 31, 37, 48-53, 79-83, 85, 89.)
Childers teaches the power controller (external controller 208) controls the power input to the light source (112, 113) based on light sensed from optical fiber and light output intensity in response to curing tube (126) clarity or transmittance. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 28, 30-31, 37, 48-53, 79-83, 85, 89.) (Examiner is considering adjusting the light intensity to be equivalent to “controlling the power input to the light source based on the product of the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body” based on the illuminance from the light source and the illuminance from UV light transmitted through the cylindrical body is directly proportional to the power supplied to the light source and transmitted through the cylindrical body ( Illuminance is generally proportional to power in LEDs. (See Bega NPL and Bivar NPL)
It would have been obvious to a person of an ordinary skill in the art before the effective filing date of the claimed invention to include the power controller controls the power input to the light source based on the product of the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body; because Childers teaches the light intensity including adjustment for curing tube transmittance may be adjusted in a closed loop manner so that a desired amount of light energy reaches the fiber. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 31, 37, 48-53, 79-83, 85, 89.)
Per MPEP 2111, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.
Since Childers in view of Childers’641 teaches all of the structure capable of the same function (light detector, light source and controller), the resulting structure would expect to be capable of the same function, and can be used for the same purpose as in the instant application Childers in view of Childers ‘641. teaches all of the necessary structures the functional limitations would necessarily follow as set forth in MPEP 2112.01 (II).
Regarding claim 4, Childers does not explicitly teach the illuminance of the UV light transmitted through the cylindrical body is detected between the center and the lower end of the cylindrical body. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 31, 37, 48-53, 79-83, 85, 89.)
Phoseon ‘641 teaches a number of light detectors are positioned on a side of to receive light from light sources (122, 123). (See Phoseon ‘641, Fig. 1 and paragraph 21.)
( Illuminance is generally proportional to power in LEDs. (See Bega NPL and Bivar NPL)
Phoseon ’641 teaches additional light receivers positioned along with additional light sources for determining transmittance. (See Phoseon ’641, Fig. 1 and paragraph 21.)
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the illuminance of the UV light transmitted through the cylindrical body detected between the center and the lower end of the cylindrical body, through routine experimentation, with a reasonable expectation of success, to the select the proper location for the light detector, as a result-effective variable, in order to provide the optimal position for receiving the light from the light source to determine transmittance or clarity of the light tube. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1969)) (See Phoseon ‘641, Abstract, Fig. 1 and paragraphs 21, 33, 41, 43, 52, and 76.)
Intended use language is located in the preamble of claim 4 (An apparatus for producing an optical fiber coating with a UV-curable resin material). A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). Childers is capable of the intended use and as a result meet this claim limitation.
Claim 4 recites an intended use clause (i. e. power controller controls the power input to the light source based on a product). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Childers is capable of the intended use and as a result meet this claim limitation.
Regarding claim 5, the claim limitations from claim 4 repeated in claim 5 are rejected by Childers as set forth above.
Further regarding claim 5, Childers teaches the power controller determines the illuminance of the UV light in the cylindrical body from the illuminance of the UV light form the light source and the illuminance of the UV light transmitted through the cylindrical body, and controls the power input to the light source based on the determined illuminance of the UV light in the cylindrical body based on the use of a table or function of empirically determined curing tube clarity and/or transmittance values that are stored in memory. (See Childers, Abstract, Figs. 1-6, paragraphs 31, 62, 80, 83, 85, 89, 92.)
Examiner is considering the determination of the relative decrease in the light output intensity based on decrease in curing tube transmission and the corresponding increase in light intensity to be equivalent to: "the power controller determines the illuminance of the UV light in the cylindrical body from the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body, and controls the power input to the light source based on a determined illuminance of the UV light in the cylindrical body," (See Childers, paragraph 83.)
Claim 5 recites an intended use clause (i. e. power controller determines the illuminance of the UV light in the cylindrical body). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Childers is capable of the intended use and as a result meet this claim limitation.
Regarding claim 5, Childers does not explicitly teach the illuminance of the UV light transmitted through the cylindrical body is detected between the center and the lower end of the cylindrical body. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 31, 37, 48-53, 79-83, 85, 89.)
Phoseon ‘641 teaches a number of light detectors are positioned on a side of to receive light from light sources (122, 123). (See Phoseon ‘641, Fig. 1 and paragraph 21.)
( Illuminance is generally proportional to power in LEDs. (See Bega NPL and Bivar NPL)
Phoseon ’641 teaches additional light receivers positioned along with additional light sources for determining transmittance. (See Phoseon ’641, Fig. 1 and paragraph 21.)
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the illuminance of the UV light transmitted through the cylindrical body detected between the center and the lower end of the cylindrical body, through routine experimentation, with a reasonable expectation of success, to the select the proper location for the light detector, as a result-effective variable, in order to provide the optimal position for receiving the light from the light source to determine transmittance or clarity of the light tube. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1969)) (See Phoseon ‘641, Abstract, Fig. 1 and paragraphs 21, 33, 41, 43, 52, and 76.)
The previous rejection of claims 6 and 8 under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20160318797 A1 to Doug Childers (hereinafter Childers) and US Pat. Pub. No. 20180306641 A1 to Doug Childers Assignee: Phoseon Technology (hereinafter Phoseon ‘641) and “Lighting variables and formulae” Bega. Com (hereinafter Bega) and “Converting from radiometric units (Rus) to photometric units (Pus)” as applied to claims 4 and 5 respectively and US Pat. Pub. No. 20120161021 A1 to Smargiassi et al (hereinafter Smargiassi) .
Regarding claims 6 and 8, Moore does not explicitly teach a gas blower configured to blow gas onto a UV sensor which measures the illuminance of the UV light passed through the cylindrical body.
Smargiassi teaches a radiation detector to measure radiation intensity . (See Smargiassi, Abstract and paragraphs 9-10, 69, 83-86.)
Smargiassi teaches a gas blower configured to blow gas onto a UV sensor which measures the illuminance of the UV light passed through the cylindrical body. (See Smargiassi, Abstract, Figs. 1-6, and paragraphs 9-10, 69, 83-86.)
It would have been obvious to a person of an ordinary skill in the art before the effective filing date of the claimed invention to include a gas blower configured to blow gas onto a UV sensor which measures the illuminance of the UV light passed through the cylindrical body; because Smargiassi teaches the UV detector may also include a gas inlet and exhaust operable to flow a cooling gas through the radiation assembly which would remove accumulated condensed hydrocarbons which absorb UV light and cause the downward drift of the detected signal. (See Smargiassi, Abstract, Figs. 1-6, and paragraphs 9-10, 35, 41-43, 49, 68-69, 72, 80, 83-86.)
The previous rejection of claims 4-5 under 35 U.S.C. 103 as being unpatentable over US Pat Num. 5,418,369 to Moore et al (hereinafter Moore) and US Pat. Pub. No. 20190262860 A1 to Phoseon Technology, Inc. (hereinafter Phoseon ) is withdrawn based on the amendments to claims 4-5.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Num. 5,418,369 to Moore et al (hereinafter Moore) and US Pat. Pub. No. 20190262860 A1 to Phoseon Technology, Inc. ( hereinafter Phoseon) as applied to claim 3 and further in view of US Pat. Pub. No. 20160318797 A1 to Doug Childers (hereinafter Childers) and US Pat. Pub. No. 20180306641 A1 to Doug Childers Assignee: Phoseon Technology (hereinafter Phoseon ‘641) and “Lighting variables and formulae” Bega. Com (hereinafter Bega) and “Converting from radiometric units (Rus) to photometric units (Pus)”
Regarding claim 4, Moore teaches an apparatus for producing an optical fiber (36) coated with a UV- curable resin material, comprising: a cylindrical body (68) configured to allow transmission of UV light, through which a glass fiber (21)coated with a UV-curable resin material (25) is passed; a UV irradiation furnace (23) including a light source (66) which irradiates the UV light (from UV light source 66) to the UV- curable resin material from outside the cylindrical body. (See Moore, Abstract, Figs. 1-6, and col. 3, lines 31-60; col. 5, lines 8-22; col. 6, lines 59-69.)
Moore teaches accurately monitoring the overall effectiveness of the curing system by gauging changes in the power level of the radiation source and the cleanliness of the center tube. (See Moore, Abstract, Figs. 1-6, col. 5, lines 8-22.)
Moore does not explicitly teach a power controller configured to control the power input to the light source so that a cure extent of a coating comprising the cured UV-curable resin material is constant based on the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body.
Phoseon is directed to a curing device for optical fibers.
Phoseon teaches a power controller (14) configured to control the power input to the light source so that a cure extent of a coating comprising the cured UV-curable resin material is constant based on the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body. ( See Phoseon, Abstract, Figs. 1-11, paragraphs 4, 23, 34, 41, 46, 50, 58-60, 64, 68, 78, 81, 83, 87. )
It would have been obvious to a person of an ordinary skill in the art before the effective filing date of the claimed invention to include a power controller configured to control the power input to the light source so that a cure extent of a coating comprising the cured UV-curable resin material is constant based on the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body; because Phoseon teaches controller can be used to adjust the power source so that an intensity of the irradiation can provide the photoreactive system with a beam of spatially constant intensity surrounding the workpiece surface. ( See Phoseon, Abstract, Figs. 1-11, paragraphs 4, 23, 34, 41, 46, 50, 58-60, 64, 68, 78, 81, 83, 87. )
Regarding claim 4, Moore does not explicitly teach the power controller controls the power input to the light source based on a square root of a product of the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body.
Childers teaches a controller (208) to adjust light intensity based on sensed light. (See Childers, Abstract, Figs. 1-6, paragraph 31.)
Childers teaches the power controller (external controller 208) controls the power input to the light source (112, 113) based on light sensed from optical fiber and light output intensity in response to curing tube (126) clarity or transmittance. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 28, 30-31, 37, 48-53, 79-83, 85, 89.) (Examiner is considering adjusting the light intensity to be equivalent to “controlling the power input to the light source based on a square root of a product of the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body” based on the illuminance from the light source and the illuminance from UV light transmitted through the cylindrical body is directly proportional to the power supplied to the light source and transmitted through the cylindrical body ( Illuminance is generally proportional to power in LEDs. (See Bega NPL and Bivar NPL)
It would have been obvious to a person of an ordinary skill in the art before the effective filing date of the claimed invention to include the power controller controls the power input to the light source based on a square root of a product of the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body; because Childers teaches the light intensity including adjustment for curing tube transmittance may be adjusted in a closed loop manner so that a desired amount of light energy reaches the fiber. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 31, 37, 48-53, 79-83, 85, 89.)
Per MPEP 2111, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.
Since Childers in view of Childers’641 teaches all of the structure capable of the same function (light detector, light source and controller), the resulting structure would expect to be capable of the same function, and can be used for the same purpose as in the instant application Childers in view of Childers ‘641. teaches all of the necessary structures the functional limitations would necessarily follow as set forth in MPEP 2112.01 (II).
Regarding claim 4, Childers does not explicitly teach the illuminance of the UV light transmitted through the cylindrical body is detected between the center and the lower end of the cylindrical body. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 31, 37, 48-53, 79-83, 85, 89.)
Phoseon ‘641 teaches a number of light detectors are positioned on a side of to receive light from light sources (122, 123). (See Phoseon ‘641, Fig. 1 and paragraph 21.)
( Illuminance is generally proportional to power in LEDs. (See Bega NPL and Bivar NPL)
Phoseon ’641 teaches additional light receivers positioned along with additional light sources for determining transmittance. (See Phoseon ’641, Fig. 1 and paragraph 21.)
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the illuminance of the UV light transmitted through the cylindrical body detected between the center and the lower end of the cylindrical body, through routine experimentation, with a reasonable expectation of success, to the select the proper location for the light detector, as a result-effective variable, in order to provide the optimal position for receiving the light from the light source to determine transmittance or clarity of the light tube. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1969)) (See Phoseon ‘641, Abstract, Fig. 1 and paragraphs 21, 33, 41, 43, 52, and 76.)
Intended use language is located in the preamble of claim 4 (An apparatus for producing an optical fiber coating with a UV-curable resin material). A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). Moore in view of Phoseon and Childers is capable of the intended use and as a result meet this claim limitation.
Claim 4 recites an intended use clause (i. e. power controller controls the power input to the light source based on a product). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Moore in view of Phoseon and Childers is capable of the intended use and as a result meet this claim limitation.
Regarding claim 5, the claim limitations from claim 4 repeated in claim 5 are rejected by Moore in view of Phoseon and Childers as set forth above.
Further regarding claim 5, Moore does not explicitly teach the power controller determines the illuminance of the UV light in the cylindrical body from the illuminance of the UV light form the light source and the illuminance of the UV light transmitted through the cylindrical body, and controls the power input to the light source based on the determined illuminance of the UV light in the cylindrical body.
Childers teaches uses a table or function of empirically determined curing tube (126) clarity and/or transmittance values that are stored in memory of a controller. (See Childers, Abstract, Figs. 1-6, paragraphs 62, 80, 83, 92.)
Childers teaches the power controller determines the illuminance of the UV light in the cylindrical body from the illuminance of the UV light form the light source and the illuminance of the UV light transmitted through the cylindrical body, and controls the power input to the light source based on the determined illuminance of the UV light in the cylindrical body. (See Childers, Abstract, Figs. 1-6, paragraphs 31, 62, 80, 83, 85, 89, 92.)
Examiner is considering the determination of the relative decrease in the light output intensity based on decrease in curing tube transmission and the corresponding increase in light intensity to be equivalent to: "the power controller determines the illuminance of the UV light in the cylindrical body from the illuminance of the UV light from the light source and the illuminance of the UV light transmitted through the cylindrical body, and controls the power input to the light source based on a determined illuminance of the UV light in the cylindrical body," (See Childers, paragraph 83.)
It would have been obvious to a person of an ordinary skill in the art before the effective filing date of the claimed invention to include the power controller determines the illuminance of the UV light in the cylindrical body from the illuminance of the UV light form the light source and the illuminance of the UV light transmitted through the cylindrical body, and controls the power input to the light source based on the determined illuminance of the UV light in the cylindrical body; because Childers teaches the light intensity may be increased to compensate for reduced curing tube transmittance so that a desired amount of light energy reaches the fiber. (See Childers, Abstract, Figs. 1-6, paragraphs 31, 62, 80, 83, 85, 89, 92.)
Regarding claim 5, Childers does not explicitly teach the illuminance of the UV light transmitted through the cylindrical body is detected between the center and the lower end of the cylindrical body. (See Childers, Abstract, Figs. 1-6, paragraphs 23, 31, 37, 48-53, 79-83, 85, 89.)
Phoseon ‘641 teaches a number of light detectors are positioned on a side of to receive light from light sources (122, 123). (See Phoseon ‘641, Fig. 1 and paragraph 21.)
( Illuminance is generally proportional to power in LEDs. (See Bega NPL and Bivar NPL)
Phoseon ’641 teaches additional light receivers positioned along with additional light sources for determining transmittance. (See Phoseon ’641, Fig. 1 and paragraph 21.)
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the illuminance of the UV light transmitted through the cylindrical body detected between the center and the lower end of the cylindrical body, through routine experimentation, with a reasonable expectation of success, to the select the proper location for the light detector, as a result-effective variable, in order to provide the optimal position for receiving the light from the light source to determine transmittance or clarity of the light tube. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1969)) (See Phoseon ‘641, Abstract, Fig. 1 and paragraphs 21, 33, 41, 43, 52, and 76.)
Intended use language is located in the preamble of claim 5 (An apparatus for producing an optical fiber coating with a UV-curable resin material). A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). Moore in view of Phoseon and Childers is capable of the intended use and as a result meet this claim limitation.
Claim 5 recites an intended use clause (i. e. power controller determines the illuminance of the UV light in the cylindrical body). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Moore in view of Phoseon and Childers is capable of the intended use and as a result meet this claim limitation.
The previous rejection of claim 6 under 35 U.S.C. 103 as being unpatentable over US Pat Num. 5,418,369 to Moore et al (hereinafter Moore) and US Pat. Pub. No. 20190262860 A1 to Phoseon Technology, Inc. ( hereinafter Phoseon) as applied to claim 3 and US Pat. Pub. No. 20120161021 A1 to Smargiassi et al (hereinafter Smargiassi) is withdrawn based on the amendment to claim 4.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over US Pat Num. 5,418,369 to Moore et al (hereinafter Moore) and US Pat. Pub. No. 20190262860 A1 to Phoseon Technology, Inc. ( hereinafter Phoseon) and US Pat. Pub. No. 20180306641 A1 to Doug Childers Assignee: Phoseon Technology (hereinafter Phoseon ‘641) and “Lighting variables and formulae” Bega. Com (hereinafter Bega) and “Converting from radiometric units (Rus) to photometric units (Pus)” as applied to claim 4 and US Pat. Pub. No. 20120161021 A1 to Smargiassi et al (hereinafter Smargiassi).
The previous rejection of claim 8 under 35 U.S.C. 103 as being unpatentable over US Pat Num. 5,418,369 to Moore et al (hereinafter Moore) and US Pat. Pub. No. 20190262860 A1 to Phoseon Technology, Inc. ( hereinafter Phoseon) in view of US Pat. Pub. No. 20160318797 A1 to Doug Childers (hereinafter Childers) and US Pat. Pub. No. 20180306641 A1 to Doug Childers Assignee: Phoseon Technology (hereinafter Phoseon ‘641) and “Lighting variables and formulae” Bega. Com (hereinafter Bega) and “Converting from radiometric units (Rus) to photometric units (Pus)” as applied to claim 5 and US Pat. Pub. No. 20120161021 A1 to Smargiassi et al (hereinafter Smargiassi).
Regarding claims 6 and 8, Moore does not explicitly teach a gas blower configured to blow gas onto a UV sensor which measures the illuminance of the UV light passed through the cylindrical body.
Smargiassi teaches a radiation detector to measure radiation intensity. (See Smargiassi, Abstract and paragraphs 9-10, 69, 83-86.)
Smargiassi teaches a gas blower configured to blow gas onto a UV sensor which measures the illuminance of the UV light passed through the cylindrical body. (See Smargiassi, Abstract, Figs. 1-6, and paragraphs 9-10, 69, 83-86.)
It would have been obvious to a person of an ordinary skill in the art before the effective filing date of the claimed invention to include a gas blower configured to blow gas onto a UV sensor which measures the illuminance of the UV light passed through the cylindrical body; because Smargiassi teaches the UV detector may also include a gas inlet and exhaust operable to flow a cooling gas through the radiation assembly which would remove accumulated condensed hydrocarbons which absorb UV light and cause the downward drift of the detected signal. (See Smargiassi, Abstract, Figs. 1-6, and paragraphs 9-10, 35, 41-43, 49, 68-69, 72, 80, 83-86.)
Response to Arguments
Applicant’s arguments with respect to claims 4-6 and 8 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.
US Pat. Pub. No. 20180306641 A1 to Doug Childers Assignee: Phoseon Technology (hereinafter Phoseon ‘641) is being used to address the new limitations added to claims 4-5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pat. Pub. No. 20090023229 A1 to Matsushita et al teaches illuminances can be monitored in order to raise the intensity of the UV light. (See Matsushita, Abstract, Fig. 3, and paragraph 89.)
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/KARL KURPLE/Primary Examiner
Art Unit 1717
