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
The amendment filed on 06/01/2026 has been entered into the prosecution of the application.
Claim rejections under 35 U.S.C. 112(b) and claim objections from Office Action 12/12/2025 are withdrawn in response the claim amendments.
Currently, claim(s) 1-2, 4-12, and 14-15 is/are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-2, 4-12, and 14-15 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 1, the term “substantially perpendicular” is a relative term which renders the claim indefinite. The term “substantially perpendicular” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The Examiner notes that paragraph [0114] of PGPub of the instant application US 2023/0107949 A1 attempts to provide examples of what the term “substantially” could be by stating that “the terms…may also include embodiments with ‘entirely,’ ‘completely,’ ‘all,’ etc.” The paragraph further states that the term “substantially” may also relate to 90% or higher, …, including 100%”. Merely providing examples of what the term may include does not result in defining the scope of the term. For examination purposes, the term “substantially perpendicular” is interpreted as “perpendicular”.
Claims 2 and 4-12, and 14-15 are rejected for depending on claim 1.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 4-12, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kevin Booker-Milburn of WO 2018/011550 A1 (hereinafter, Booker-Milburn), as recited in the IDS submitted on 08/29/2022, in view of Robert Morgan of US 2010/0261260 A1 (hereinafter, Morgan) and Suman Khatiwada of WO 2020/146813A1 (hereinafter, Khatiwada).
As to claim 1, Booker-Milburn teaches to a photoreactor assembly (Booker-Milburn, Fig. 1) comprising
a reactor (Booker-Milburn, pg. 9, Fig. 2, teaches a reactor),
wherein the reactor is configured for hosting a fluid to be treated with light source radiation selected from one or more of UV radiation, visible radiation, and IR radiation (Booker-Milburn, pg. 11, ln. 2, teaches that the photoreactor 2 is configured to host a fluid to be treated with light source radiation, as reactant solution/mixture is introduced into the photoreactor 2 through reactor inlet 32; Booker-Milburn, pg. 8, ln. 8-15, teaches using visible or ultraviolet light),
wherein the reactor comprises a reactor wall which is transmissive for the light source radiation (Booker-Milburn, pg. 5, teaches that each reactor may be made of quartz, which is transmissive for the light source radiation, and wherein each reactor necessarily comprises a reactor wall),
wherein: the reactor is a tubular reactor (Booker-Milburn, Fig. 2, teaches that the reactor is a tubular reactor; see reactor tubes 28, 30), and
wherein the reactor wall defines the tubular reactor (Booker-Milburn, Fig. 2, teaches wherein the reactor wall defines the tubular reactor, reactor tubes 28, 30 of Booker-Milburn) with a tube axis (the reactor tubes 28, 30 of Booker-Milburn necessarily have a tube axis);
the photoreactor assembly further comprises a light source arrangement (Booker-Milburn, Fig. 5, teaches comprising a light source arrangement; see lamp receiving recess 44 and lamp 42 of Booker-Milburn).
Booker-Milburn does not explicitly teach: (1) the tubular reactor is configured in a coiled tubular arrangement substantially perpendicular to the tube axis, (2) a plurality of light sources configured to generate the light source radiation, (3) wherein the reactor wall is configured in a radiation receiving relationship with the plurality of light sources; (4) and wherein the coiled tubular arrangement and the light source arrangement both define polygons having mutually parallel configured polygon sides; (5) wherein the plurality of light sources comprise Chips-on-Board light (COB) and/or an array of Light emitting diodes (LEDs).
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Fig. 2 of Booker-Milburn
As to (1), (2), (3), and (5) above, Morgan is an analogous art, as both Booker-Milburn and Morgan relate to a photoreactor (Morgan, Fig. 1). As to (1) above, Morgan teaches to the tubular reactor is configured in a coiled tubular arrangement (Morgan, Fig. 1, teaches a tubular reactor that is configured in a tubular arrangement by teaching a helical fluidic pathway 104) substantially perpendicular to tube axis (Fig. 1 of Morgan teaches to photobioreactor 100 with fluidic pathway 104 as shown in Fig. 1 of Morgan, wherein the fluidic pathway 104 is depicted as a coil that has a tube axis substantially perpendicular to the tubular reactor that is configured in a coiled tubular arrangement).
As to (2) and (3) above, Morgan teaches to a plurality of light sources configured to generate the light source radiation, wherein the reactor wall is configured in a radiation receiving relationship with the plurality of light sources (Morgan, paragraph [0031], teaches that the light source 106 may be a light emitting diode or a plurality of light emitting diode; see Fig. 1, wherein the plurality of light emitting diodes are configured to generate the light source radiation, wherein the reactor wall of reactor tubes 28, 30 of Booker-Milburn are configured in a radiation receiving relationship with the light source 106, or a plurality of light emitting diodes, of Morgan).
As to (5) above, Morgan teaches to wherein the plurality of light sources comprise Chips-on-Board light (COB) and/or an array of Light emitting diodes (LEDs) (Morgan, paragraph [0031], teaches that the light source 106 may be a light emitting diode or a plurality of light emitting diodes).
Booker-Milburn does not explicitly teach a coiled tubular arrangement, or a plurality of light sources. Booker-Milburn does teach a photoreactor and a light source. Morgan teaches a coiled tubular arrangement, and a plurality of light sources comprising light emitting diodes. Morgan teaches that the generally vertical helically shaped fluidic pathway is configured to provide a high surface to volume (S/V) ratio, thereby increasing the incident light energy input per unit volume with reduced algae self-shadowing. Plurality of light sources of Morgan can increase light delivered to the photoreactor reactants, thereby granting higher decomposition of pollutants in fluids.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to have modified the photoreactor assembly of Booker-Milburn with the coiled tubular arrangement of Morgan for improving performance of photoreactor.
Booker-Milburn in view of Morgan does not explicitly teach (4) above.
As to (4) above, Khatiwada is an analogous art, as both Booker-Milburn in view of Morgan and Khatiwada relate to photoreactor (Khatiwada, abstract). Khatiwada teaches wherein the coiled tubular arrangement and the light source arrangement both define polygons having mutually parallel configured polygon sides (Khatiwada, Fig. 17A, pgs. 24 to 26, teaches tubular arrangement and the light source arrangement both defining polygon having mutually parallel configured polygon sides; see Fig. 17A, wherein inner mounting pillar 1906, reactor cell 1908, and housing 1902 comprise parallel polygon sides for irradiating the reactor cell 1908 and for reflecting the irradiated light using optically reflective walls 1912).
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Fig. 17A of Khatiwada
Booker-Milburn in view of Morgan does not explicitly teach a photoreactor with polygons having mutually parallel configured polygon sides. Booker-Milburn in view of Morgan does teach the coiled tubular arrangement and the light source arrangement. Khatiwada teaches a photoreactor with polygons having mutually parallel configured polygon sides. Khatiwada, in paragraph [0120], teaches that the hexagonally-shaped top and bottom cover operates to back-reflect any stray light from the reactor modules.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to have modified the photoreactor assembly of Booker-Milburn in view of Morgan with the polygons of Khatiwada for maximizing an intensity of electromagnetic radiation incident normal to the reflective walls (Khatiwada, paragraph [061]), thereby improving performance of photoreactor.
As to claim 2, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor assembly of claim 1, wherein the tubular reactor is helically coiled (Morgan, Fig. 1, teaches a tubular reactor which is helically coiled, see helical fluidic pathway 104).
As to claim 4, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor assembly of claim 1, wherein the coiled tubular arrangement and the light source arrangement both define polygons having mutually parallel polygon sides, and wherein the polygons each comprise 4-10 polygon sides (Khatiwada, Fig. 17A, teaches to polygons having mutually parallel polygon sides, wherein the polygons each comprise 6 sides).
As to claim 5, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor assembly of claim 1, wherein at least a first subset of the plurality of the light sources enclose the coiled tubular arrangement (Khatiwada, Fig. 17A, teaches to a first subset of LED modules 1910 of Khatiwada enclose the helical fluidic pathway 104 of Morgan).
As to claim 6, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor assembly of claim 1, wherein at least a second subset of the plurality of light sources are enclosed by the coiled tubular arrangement (Morgan, Fig. 1, teaches to a second subset of the plurality of light emitting diodes 106 of Morgan that are enclosed by the helical fluidic pathway 106 of Morgan).
As to claim 7, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor assembly of claim 1, wherein the photoreactor assembly comprises one or more cooling elements (Khatiwada, Fig. 17A, paragraphs [0116] to [0118], teaches to a photoreactor assembly comprising one or more cooling elements, such as a coolant input 1916, a coolant output 1918, allowing coolant to circulate via a coolant-circulation system within the housing 1902), wherein the one or more cooling elements comprise one or more of
(i) one or more fluid transport channels (the circulation system within the housing 1902 of Khatiwada, paragraph [0118], Fig. 17A, necessarily have one or more fluid transport channels, as the housing 1902, according to paragraph [0118], enables circulation of supplied coolant via a coolant input 1916 and a coolant output 1918 of Khatiwada) and
(ii) one or more thermally conductive elements (any structural components of the circulation system within the housing 1902 of Khatiwada reads as one or more thermally conductive elements, e.g. one or more fluid transport channel of the housing 1902, which enables circulation of supplied coolant via a coolant input 1916 and a coolant output 1918 of Khatiwada),
wherein the one or more cooling elements are in conductive thermal contact with one or more of (a) the reactor and (b) one or more of the light sources (Khatiwada, Fig. 17A, paragraphs [0116] to [0118], teaches to a photoreactor assembly comprising one or more cooling elements, such as a coolant input 1916, a coolant output 1918, allowing coolant to circulate via a coolant-circulation system within the housing 1902; therefore, one or more cooling elements of Khatiwada necessarily are in conductive thermal contact with the reactor and with one or more of the light sources because heat transfers to cool the photoreactor assembly).
As to claim 8, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor assembly of claim 1, further comprising
a reactor support element (Khatiwada, Fig. 17A, teaches an inner mounting pillar 1906, read as a reactor support element) configured to support the reactor,
wherein the reactor support element comprises a support body (Khatiwada, Fig. 17A, teaches an inner mounting pillar 1906, read as a reactor support element and support body),
wherein the support body is rotational symmetrical (Khatiwada, Fig. 17A, teaches an inner mounting pillar 1906, wherein the inner mounting pillar 1906 is rotational symmetrical around a central axis),
wherein at least part of the tubular reactor is configured in conductive thermal contact with the support body and wherein one or more thermally conductive elements are comprised by the support body or are in conductive thermal contact with the support body (Khatiwada, paragraph [0118], teaches that coolant can be circulated through walls of the inner mounting pillar 1906 to provide cooling for LED modules 1910 mounted to the inner).
As to claim 9, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor assembly of claim 1, wherein the photoreactor assembly comprises
a number of light sources (Khatiwada, Fig. 17A, teaches to a LED modules 1910, read as a number of light sources);
wherein each light source element comprises one or more of the plurality of light sources (Khatiwada, Fig. 17A, teaches to a LED modules 1910, wherein each LED modules comprise two LED units, as an example, read as one or more of the plurality of light sources),
wherein each of the light source elements comprises at least one thermally conductive element configured in conductive thermal contact with the light source (Khatiwada, Fig. 17A, teaches to a LED modules 1910, wherein each LED modules comprises at least one of any structural components of the circulation system within the housing 1902 of Khatiwada. e.g. one or more fluid transport channel of the housing 1902, which enables circulation of supplied coolant via a coolant input 1916 and a coolant output 1918 of Khatiwada),
wherein the light source element comprises a reflective element at a surface of the light source element facing the reactor wall (Khatiwada, Fig. 17A, teaches that the light source element comprises a reflective element at a surface of the light source element facing the reactor wall because Khatiwada teaches one or more optically reflective walls 1912),
wherein the reflective element is reflective for the light source radiation (the one or more optically reflective walls 1912 of Khatiwada, Fig. 17A, paragraph [0116], is reflective for the light source radiation of LED modules 1910 of Khatiwada, Fig. 17A), wherein the tubular reactor and the light source elements define one or more fluid transport channels between the tubular reactor and the light source elements, wherein a minimal distance between the tubular reactor and the light source elements defines a fluid transport channel width (d), (Khatiwada, paragraphs [0112], teaches that the distance of the light sources 1704 from the reactor cell 1702 may be set by choosing a radius that results in the desired separation between the light source 1704 and the reactor cell 1702).
Booker-Milburn in view of Morgan and Khatiwada does not explicitly teach wherein the fluid transport channel width (d) is selected from the range of 1 mm to 5 mm.
In an analogous art, Yang teaches to wherein the fluid transport channel width (d) is selected from the range of 1-5 mm (Yang, col. 5, ln. 37, teaches to a fluid transport channel width (d), wherein wherein the fluid transport channel width (d) is selected from the range of 1 mm to 1 cm).
Both Booker-Milburn in view of Morgan and Khatiwada and Yang relate to photobioreactor. Booker-Milburn in view of Morgan and Khatiwada does not explicitly teach to the range of 1 to 5 mm, wherein the range is defined by a minimal distance between the light source and the reactor cells. Booker-Milburn in view of Morgan and Khatiwada does teach that the distance of the light source to the reactor cell may be set by choosing a radius that results in the desired separation between the light source and the reactor cell. Yang teaches that the distance range to be from 1 mm to 1 cm for permitting the efficient irradiation of cells within the photoreactor.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to have modified the photoreactor assembly of Booker-Milburn in view of Morgan and Khatiwada with the distance of Yang for permitting the efficient irradiation of cells within the photoreactor, thereby improving efficiency of photoreactor.
As to claim 10, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor arrangement of claim 9, wherein the photoreactor assembly further comprises light source element receiving elements, wherein the light source element receiving elements are configured to removably house the light source elements (Khatiwada, paragraph [099], Fig. 13, teaches to an LED array 1510 made up of one or more LED 1512, that is configured to be mounted on a PCB 1514; as such, mounting and removing the arrays of LED is a known feature).
As to claim 11, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor assembly of claim 1, wherein the photoreactor assembly further comprises a wall enclosing the tubular reactor and the light source elements, wherein the wall has a reflective surface facing the tubular reactor, wherein the reflective surface is reflective for the light source radiation (Khatiwada, Fig. 17A, teaches to a wall of housing 1902 of Khatiwada, enclosing the reactor cell 1908, or tubular reactor, and the LED modules 1910, or the light source elements, wherein the wall has a reflective surface facing the tubular reactor, wherein the reflective surface is reflective for the light source radiation).
As to claim 12, Booker-Milburn in view of Morgan and Khatiwada teaches to the photoreactor assembly of claim 7, wherein the photoreactor assembly comprises the one or more cooling elements, wherein the photoreactor assembly further comprises a cooling system (Booker-Milburn, pg. 7, ln. 20, teaches a cooling fan; Khatiwada, paragraph [0119], teaches a circulatory system of a coolant) configured for transporting a cooling fluid through and/or along one or more cooling elements, wherein (i) the cooling system comprises an air transporting device (Booker-Milburn, pg. 9, ln. 8, teaches a fan for directing cooling gas flow inside the photoreactor) and/or (ii) the cooling system comprises a pump configured to pump a liquid (Khatiwada, paragraph [0119], teaches to a circulatory system of coolant for thermal-management feature, wherein the circulatory system may comprise a pump to improve efficiency of the coolant system).
As to claim 14, Booker-Milburn in view of Morgan and Khatiwada teaches to a method for treating a fluid with light source radiation, wherein the method comprises:
providing the photoreactor assembly according to claim 1 (see rejection for claim 1 above);
providing the fluid to be treated with the light source radiation in the reactor (photoreactors for wastewater treatment of Booker-Milburn in view of Morgan and Khatiwada teaches to providing the fluid to be treated with the light source radiation in the reactor; for instance, see Booker-Milburn, pg. 11); and
irradiating the fluid with the light source radiation (photoreactor of Booker-Milburn teaches irradiating the fluid with the light source radiation, see Booker-Milburn, pg. 9, ln. 23).
As to claim 15, Booker-Milburn in view of Morgan and Khatiwada teaches to the method of claim 14, comprising
transporting the fluid through the reactor while irradiating fluid with the light source radiation (Booker-Milburn teaches transporting the fluid through the reactor while irradiating fluid with the light, see Fig. 1, reactor inlet 32, and reactor outlet 34), and
transporting a cooling fluid through and/or along one or more cooling elements (Booker-Milburn, abstract, teaches transporting a cooling fluid through and/or along one or more cooling elements using a coolant jacket surrounding the reactor tubes).
Response to Arguments
Applicant's arguments filed 06/01/2026 have been fully considered but they are not persuasive.
On pg. 9 of 11, the Applicant asserts that “the addition of Morgan and Khatiwada fail to cure infirmities of Booker-Milburn” because claim 1, as amended, recites the terms “with a tube axis” and “substantially perpendicular to the tube axis”.
Claims 1-2, 4-12, and 14-15 are rejected under 35 U.S.C. 112(b). Please see above.
The Examiner respectfully disagrees that the amendment overcomes the prior art rejection. Claim 1, as amended, now recites, inter alia, the terms: the reactor is a tubular reactor, and wherein the reactor wall defines the tubular reactor with a tube axis; the tubular reactor is configured in a coiled tubular arrangement substantially perpendicular to the tube axis. For instance, paragraph [0098] of PGPub of the instant application US 2023/0107949 A1 states that “Figs. 1 and 2, further depict that the tubular arrangement axis A1 and the tube axis A2 are configured almost perpendicular to each other.”
Booker-Milburn is silent to having a tube axis, as Booker-Milburn does not explicitly teach an axis. However, reactor tubes 28, 30 of Booker-Milburn nonetheless teaches to having an tube axis because the reactor tubes necessarily have an axis. Morgan’s reactor structure further reads into the amended claim limitation because Fig. 1 of Morgan teaches to photobioreactor 100 with fluidic pathway 104 as shown in Fig. 1 of Morgan, wherein the fluidic pathway 104 is depicted as a coil that has a tube axis substantially perpendicular to the tubular reactor that is configured in a coiled tubular arrangement.
At least for these reasons, the rejection is maintained.
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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/JOHN LEE/Examiner, Art Unit 1794
/BRYAN D. RIPA/Primary Patent Examiner, Art Unit 1794
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