DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to claims 1-10 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, the remarks persuasively argue that the opening 21 is not at the end of the cylinder in Kishi et al. However, it is noted that Kishi teaches in paragraph [0060] that it is desired to place the opening 21 to create a longer flow path. As discussed below, by creating a space between the window and the inner cylinder and placing the opening at the bottom of the inner cylinder would place the opening 21 at an even further distance from hole 18 therefore allowing irradiation with UV light for an even longer period.
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, 2 and 4are rejected under 35 U.S.C. 103 as being unpatentable over Kishi et al. (JP2017104773) (copy of publication and machine translation submitted with the office action of 02 April 2025) in view of Hiroyoshi et al. (JP2018140001)(copy of publication and machine translation submitted herewith).
Regarding claim 1, Kishi et al. teach an ultraviolet fluid sterilizing box structure (fig. 3 or 7), comprising:
a box (200/300), comprising a chamber (13 in figure 3 or 33 in figure 7), at least one water inlet (18a in figure 3, 39a in figure 7) and at least one water outlet (19a in figure 3, 40a in figure 7) both communicating with the chamber (as seen in figures 3 and 7), wherein the at least one water inlet is located on one side surface of the box (both figures show 18a/39a on side of the box), and the at least one water outlet is located on another side surface of the box (both figures show 19a/40 on different (i.e. top) side of box);
a partition (fig. 3, 16/17 or fig.7, 38/51), disposed in the chamber (partitions in both figures are inside chambers 13 or 33 respectively), comprising an outer cylinder (fig. 3, 16 or figure 7, 38) and an inner cylinder (fig. 3, 17 or fig. 7, 51), wherein the outer cylinder comprises an outer cavity (fig. 3, between 16 and 17 or fig. 7 between 38 and 51) and at least one inflow inlet (fig. 3, 20 or figure 7, 41) communicating with the at least one water inlet ([0059] teaches object (i.e. water) is introduced into housing 14 through the first hole 18, next the liquid passes through opening 20. See similar disclosure with respect to figure 7 in paragraph [0071]), and the inner cylinder comprises an inner cavity (fig. 4b, a13 or fig. 7, inside 51), an opening (fig. 3, 21 or fig. 7, 52) communicating with the outer cavity ([0059]) and a flow outlet (fig. 3, 19 or fig. 7, 40) communicating with the water outlet (19a or 40a in respective figures), wherein the at least one inflow inlet is close to the at least one water inlet ([0075] teaches an alternative embodiment where the inlets are close to each other that may be applied to the relied upon embodiments. ) includes a surface along the water inlet (movement prevention partition between 9 and 7 is interpreted to be the surface along the water inlet 7 ([0075]). That is, the partition only allows for counter clockwise flow and is between holes 7 and 9 in close proximity and between walls 3 and 6 in figure 1 ([0075]), therefore requiring a surface of the partition between walls 3 and 6 between holes 7 and 9. Since the partition generates the counterclockwise flow from 7, it is interpreted to be along the water inlet 7. As applied to figure 3, inflow inlet 18/20 or figure 7, 39/41. Lastly 9 includes the surface because the partition is in between holes 7 and 9 [0075]) and the opening is formed at a distal end of the inner cylinder (21 or 52 at distal end of inner cylinder as seen in figure 3 and 7 respectively); and
an ultraviolet module (15 in figure 3, 37 in figure 7, are mounting portions [0028] teaches a UV irradiating device is installed in the mounting part, see also [0010]), disposed on a side of the box opposite to the water outlet (both figures show mounting part on a side opposite of the water outlet 19a/40a), comprising a light-transmitting plate ([0029], lines 375-377) and an ultraviolet lamp set ([0078] teaches UV-LED and paragraph [0088] teaches changing the irradiation of LED to three levels. Paragraph [0028], lines 366-367 teach multiple UV irradiating devices, thus a set) wherein a distance is maintained between the opening of the inner cylinder and the light transmitting plate (a distance between the opening 21 of the inner cylinder and the light transmitting plate in the mount 5 for UV light ([0029])) the light-transmitting plate is combined on the box and seals a distal end of the outer cylinder (page 9, lines 352-349 teaches the window part may be provided in part of the first end facing the irradiation part of the UV device so that UV rays are introduced. Paragraph [0029], lines 375-381 teaches preventing the object to be treated (i.e. liquid) from contacting the UV device via the window. Thus in order for the window to prevent contact with the liquid and allow light to pass into the housing, it must be inherently be sealed to the housing), the ultraviolet lamp set is arranged on an outer side of the light-transmitting plate ([0029]), and an ultraviolet ray emitted from the ultraviolet lamp set irradiates the inner cavity and the outer cavity ([0032] first partition is preferably a material having high UV reflectance to prevent decrease the amount of UV light irradiated inside the cell (i.e. outer cavity between 16/17) and paragraph [0038] teaches the same for the second partition, thus UV emitted light is reflected inside 17 (i.e. a13 in figure 4b);
wherein, an external fluid flows into the chamber from the at least one water inlet (from 18a see paragraph [0059], wherein liquid may be water see paragraph [0002]), enters the outer cavity via the at least one inflow inlet (liquid enters housing 14 via hole 18 than passes through first opening 20 (inflow inlet) in the first partition 16 and enters space a12 (i.e. outer cavity)), flows into the inner cavity via the opening ([0059] flows into space 13a (inner cavity) through second opening 21 (opening)), and flows to outside from the water outlet via the flow outlet ([0059] through hole 19 which is connected to 19a (see paragraph [0057]))
wherein the surface facilitates the fluid entering the outer cavity and flowing spirally in the outer cavity (counter clockwise flow provided by partition in paragraph [0075] suggests a counter-clockwise flow from 7 to 9 thus spiral from a0 to a2 or spirally in the cavity a0 in figure 1 (i.e. a12 in figure 4(b))).
While Kishi suggests placing the water inlet and inflow openings close to eachother and a partition both between the walls and between the openings, Kishi fails to expressly teach that the inflow inlet directly faces the at least one water inlet and that the partition forms a chamfered surface.
However, Kishi teaches the partition is between holes 7 and 9 (see figure 1 and [0075]) and between the first partition 6 and the side surface 3 to establish counterclockwise flow ([0075]).
Therefore, since the purpose of the partition is to establish a counterclockwise flow such that the flow path is lengthened, it would have been obvious to one of ordinary skill in the art to place holes 7 and 9 to directly face eachother because that would be the longest flow path from 7 to 9 with a partition in between therefore lengthening the time the water is sterilized with UV radiation. Moreover, it would have been obvious to one of ordinary skill in the art that the surface of the partition be chamfered because it would efficiently facilitate the creation of the counterclockwise flow desired in paragraph [0075]. That is, paragraph [0075] already requires the partition to be between walls 3 and 6 and between holes 7 and 9, therefore a linear chamfered or sloped surface for the partition between walls 6 and 3 and between holes 7 and 9 would be the simplest partition (i.e. a planar piece between two points is easier to implement than any other shape to cover the requirements of between 6 and 3 and 7 and 9) to implement while aiding in the creation of a counterclockwise flow.
Moreover, while Kishi teaches opening 21 formed at a distal end of inner cylinder 17 wherein a distance is maintained between the opening 21 of the inner cylinder 17 and the window, the inner tube 17 extends to the window. Therefore, Kishi fails to disclose the opening 21 is formed at an end of the inner cylinder 17 wherein a distance is maintained between the end of the inner cylinder and the light transmitting plate.
However, Hiroyoshi et al. teach the opening (fig. 10, 20b) is formed at an end of the inner cylinder (23) wherein a distance is maintained between the end of the inner cylinder and the light transmitting plate (distance between pipe 23 and UV transmitting member 19).
Hiroyoshi et al. modifies Kishi et al. by suggesting positioning the inlet opening to the inner cylinder at the bottom of the cylinder by spacing the inner cylinder from the UV transmitting member.
Since both inventions are directed towards fluid treatment by increasing the length of the flow path ([0060] of Kishi et al. and [0075] of Hioyoshi), it would have been obvious to one of ordinary skill in the art to place the opening 21 of Kishi et al. at the end of the pipe 21 by spacing the inner cylinder 21 away from the window as suggested by Hioyoshi because it would further lengthen the flow path improving the effectiveness of sterilization via UV light ([0075]) as desired by Kishi.
Regarding claim 2, Kishi et al. teach wherein the partition (16/17) is in a cylindrical shape (as seen in figure 3), and the at least one water inlet is located on a side of the box adjacent to the water outlet (18a is located on the side adjacent to the water outlet 19a).
Regarding claim 4, Kishi et al. teach a heat dissipation seat ( [0078], lines 1008-1009 teach an aluminum heat sink was placed directly below the LED therefore a heat dissipation seat for the LED), combined on the box and supporting the ultraviolet module ([0010] teaches UV irradiation device installed in the mounting portion. In order for the heat sink to be directly below the LED, the heat dissipation seat (i.e. heat sink) is inherently combined on the box and supporting the LED).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kishi in view of Hiroyoshi in view of Dhiman et al. (USPN 10,961,132).
Regarding claim 3, Kishi et al. teach the material of the inner and outer contains to be made of reflective material ([0032], [0034] and [0038]), however Kishi fails to disclose the reflective material is a layer.
However, Dahiman et al. like Kishi teaches sidewalls made of a single reflective material (col. 4, lines 49-54). Dahiman further teaches that the sidewall may be made of a multilayer material (col. 4, lines 58-63). Dahiman further teaches the inner layer exposed to UV light is reflective (col. 4, lines 66-67). Note Dahiman also envisioned covering both sides with the opaque (preferably reflective) reflective layer (see col. 5, lines 41-42).
Dahiman modifies Kishi et al. by suggesting the substitution of a single reflective material for the sidewall for a dual or multi layer material, wherein the inner layer exposed to UV light is reflective.
Since both inventions are directed towards using materials such as stainless steel, nickel, etc…, it would have been obvious to substitute the metal for a multilayer material because it would lead to predictable result of reflecting UV light (i.e. the substitution is suggested by Dhiman). Moreover, Dihman et al. notes that polymeric materials are less expensive than a sidewall made of stainless steel (col. 4, lines 31-48).
Claims 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kishi in view of Hiroyoshi and further in view of Zhang et al. (US pgPub 2019/0142987).
Regarding claim 5, Kishi teaches a heat sink directly below the LED and positioned within a mounting portion, however Kishi fails to specifically disclose the structure of the mounting portion and therefore fails to disclose wherein the heat dissipation seat comprises an accommodating space and a heat-conducting block disposed in the accommodating space, and the ultraviolet lamp set is attached to the heat-conducting block.
However Zhang et al. teach wherein the heat dissipation seat (fig. 2b, cap 210 having internal threads engaging with heat skink 208 ([0046], thus the interior of the cap seats the heat sink)) comprises an accommodating space (interior of cap 202) and a heat-conducting block (208) disposed in the accommodating space (208 engages with internal threads of 202), and the ultraviolet lamp set is attached to the heat-conducting block (216 is attached to 208 as illustrated in fig. 2b by being positioned in the heat sink 208 and secured thereto by engagement of heat sink 208 with internal threads of cap 202 (i.e. heat dissipation seat)).
Zhang et al. modifies Kishi by suggesting a structure of the LED/heat sink mounting portion of Kishi.
Since both inventions are directed towards a mounting portion for directing UV-LED towards a fluid medium, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adopt the structure of Zhang to the mounting device of Kishi because it would provide for the tight liquid proof seal between the LED and the liquid to protect the UV light source from damage by the liquid ([0054]), which is desired by Kishi ([0029]).
Regarding claim 6, while Kishi teaches control of the power of the LED ([0088]), Kishi fails to specifically suggest a circuit board.
However Zhang teaches wherein the ultraviolet lamp set comprises a circuit board (fig. 2C, 217) and at least one ultraviolet LED (215).
Zhang modifies Kishi by suggesting the inclusion of a PCB with the LED.
Since both inventions are directed towards using UV-LED to irradiate a liquid, it would have been obvious to one of ordinary skill in the art to modify Kishi to include the circuit board of Zhang because it would allow the LED to react to external signals ([0052]) such that the intensity/total dosage of the UV light may be controlled on the basis of the absorption coefficient or flow rate of the fluid ([0040]) to thereby ensuring disinfection even when absorption or flow rate of the fluid is high.
Regarding claim 7, Kishi teaches wherein the UV LED is disposed corresponding to the water outlet ([0010], lines 107-109 teach UV device installed in the mounting portion, [0078], line 1008 teaches UV LED, paragraph [0080] teaches UV-LED is installed on the first end face 31. Figure 7, shows end face 31 facing water outlet 40a).
Regarding claim 8, Kishi in view of Zhang teach a supporting seat (Zhang, 214 supports UV window 212 as seen in figure 2B), disposed between the light transmitting plate and the UV lamp set (214 between UV window 212 and LED 216).
Regarding claim 9, Kishi in view of Zhang teach wherein the supporting seat comprises a platform (Zang, top surface of 214 supporting UV window 212) and a slot (Zang, inclined portion of reflector 214 is interpreted to be the slot because the instant specification shows slot 52 as the inclined portion of 50), the platform abuts against a side surface of the light-transmitting plate (Zang, fig. 2B top surface of 214 abuts against UV window 212), a notch (Zang, hole in reflector 214 ) is defined on the slot (Zang, hole at end of inclined portion of 214), and the ultraviolet LED is exposed from the notch (Zang, fig. 2b 216 exposed at hole in reflector 214).
Regarding claim 10, Kishi in view of Zhang teach wherein a reflective layer is disposed on an inner wall of the slot (Zhang, [0050] note inner surface of the UV reflector 214 may be coated with a reflecting material).
Relevant art of interest to the applicant
US1266803 teaches much of claim 1, see figures 1-2 and associated text
US 20230011539 teaches a chamber with partitions see figure 2.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J LOGIE whose telephone number is (571)270-1616. The examiner can normally be reached M-F: 7:00AM-3:00PM.
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/MICHAEL J LOGIE/Primary Examiner, Art Unit 2881