DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/30/2025 has been entered.
Response to Arguments
Applicant’s arguments and amendments, see pages 7-9, filed 6/2/2026, with respect to the rejection(s) of claim(s) 1-20 under USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Gertner (CA 2595587 A1) in view of Loupis (CN 105339042 A), further in view of Fujimura (US 4826431 A), further in view of Hyde (US 20167/0100852 A1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gertner (CA 2595587 A1) in view of Loupis (CN 105339042 A), further in view of Fujimura (US 4826431 A), further in view of Hyde (US 20167/0100852 A1).
Regarding claims 1, 9, and 14, Gertner discloses a hand-held device for delivering UV-C energy through water in or on a cavity of a patient's body (eg. Fig. 1-13, Para. 139-141, device 100 with handle 102, Para. 206, 209, bladder and urethra), the device comprising: a. a first emitter head (eg. Para. 52, tip 118 at distal end of 116) comprising: i. a first LED for emitting UV-C energy into water in or on the cavity of a patient's body (eg. Para. 65-66, fiber/ledemits UVC light); ii. a memory device for storing a first set of operational parameters (eg. Para. 63, 120-121, control circuit stores information and data and can be coupled with computer or computing device); and iii. a control module in communication with the first LED, the sensor, the memory and a battery; wherein the first emitter head is preprogrammed with the first set of operational parameters (eg. Para. 63, 120-121, control circuit stores information and data and can be coupled with computer or computing device and Para. 89, 95, and 122, battery). Gertner does not disclose that the memory and control circuit are part of the distal head and delivering UVC into water that is indirect contact with tissue inside the cavity of a patient’s body and the water is dispensed into the cavity from a device other than the hand-held device for delivering UVC energy.
Loupis teaches a therapeutic light source head with its own controller and sensors that is detachable from a device support (eg. Fig. 1, lamp head 106 detachable from support device 100, Para. 148).
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 the removable emitter head of Loupis to have the emitter head also contain controllers and sensors as taught by Loupis to provide the predictable result of better portability (eg. Loupis, Para. 148). Additionally, it would have been obvious to one of ordinary skill to rearrange the components based on preference and better portability (See MPEP 2144.04 VI).
Fujimura teaches a laser and irrigation handheld device for treating teeth (Eg. Abstract) that provides a water jet while a laser therapy is in session (Col. 8 Ln. 30-46).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the invention of Gertner and Loupis to have a water jet to provide benefits such as treatment portion cooling, stimulation effect increases, and area cleaning (eg. Fujimura, Col 8, Ln. 30-46).
Hyde teaches a surgical tissue cutting system with an irrigation component that can be incorporated or separate entity from the cutting device (eg. Hyde, Para. 276).
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 the invention of Gertner, Loupis, and Fujimura to have the irrigation component be a separate entity as taught by Hyde as a predictable rearrangement of parts since the separate irrigation device would not affect the operation of the device (see MPEP 2144.04).
Regarding claims 2, 10, and 15, the combined invention of Gertner, Loupis, Fujimura, and Hyde discloses the first emitter head is removably mated to a handle (eg. Gertner, Para. 164, 228, and 236).
Regarding claim 3, the combined invention of Gertner, Loupis, Fujimura, and Hyde discloses a light fiber for carrying the UV-C energy (Eg. Gertner, Para. 65-66).
Regarding claims 4, 11, and 16, the combined invention of Gertner, Loupis, Fujimura, and Hyde discloses light fiber is removable from the first emitter head (eg. Gertner, Para. 138, 160, 164, 168). One of ordinary skill could make the fibers in the distal attachment removable based on preference and better portability (See MPEP 2144.04 VI).
Regarding claims 5, 12, and 17, the combined invention of Gertner, Loupis, Fujimura, and Hyde discloses the light fiber terminates with a shape that permits the UV-C energy to radiate out in a sphere or partial sphere around its terminus (eg. Gertner, Fig. 11, 116, Para. 52, Fig. 12B, 124 and 127, 13C, balloon 418, and Fig. 16 726).
Regarding claims 6, 13, and 18, the combined invention of Gertner, Loupis, Fujimura, and Hyde discloses a piece attached to the end of the light fiber which permits the UV-C energy to radiate out in a sphere or partial sphere around the piece (eg. Gertner, Fig. 11, 116, Para. 52, Fig. 12B, 124 and 127, 13C, balloon 418, and Fig. 16 726).
Regarding claims 7 and 19, the combined invention of Gertner, Loupis, Fujimura, and Hyde discloses a light fiber for carrying the UV-C energy, wherein the light fiber is at least 2 inches long (eg. Gertner, Para. 149, 20-50 cm, Para. 170, 1-4 cm). One of ordinary skill would have been able to resize the fiber to allow for the light to reach the desired cavity (see MPEP 2144.04 IV).
Regarding claim 8, the combined invention of Gertner, Loupis, Fujimura, and Hyde discloses a handle mated to the first emitter head (eg. Gertner, Para. 164, 228, and 236); and b. a light fiber for carrying the UV-C energy (eg. Gertner, Para. 65-66), wherein the light fiber is at least long enough to reach from the patient's urethra to the patient's bladder (eg. Gertner, Para. 149, 20-50 cm, Para. 170, 1-4 cm, Para. 206 and 209, bladder application).
Regarding claim 20, the combined invention of Gertner, Loupis, Fujimura, and Hyde discloses a. a handle mated to the first emitter head (eg. Gertner, Fig. 1-8, handle 102, Para. 57, 101, 164 decoupling means and obvious to use mating means for coupling/decoupling since it is known in other parts of removable distal parts eg. Fig. 17, Para. 228, expander 770), the handle comprising: i. a display (eg. Fig. 2, device 110, computer screen on computer 210); ii. a battery (eg. Para. 89, power supply 110); and iii. a second end that mates with a base (eg. Para. 141).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J LAU whose telephone number is (571)272-2317. The examiner can normally be reached 8-5:30 PM.
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/MICHAEL J LAU/Examiner, Art Unit 3796
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