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 .
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.
Claims 11-14, 16-24, 26-28, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Vorac (US 2022/0126750) in view of Farren (US 2013/0175460).
Regarding claim 11, Vorac (US 2022/0126750) discloses –
A method of disinfecting an article (abstract), the method comprising:
providing a disinfection chamber (Figs. 14A-F the chamber proximate a bottom of the system formed by cover CV) inside a cabinet (components C forms a cabinet containing the components), wherein
the disinfection chamber includes a tray (shelf/platform PL) moveable between a first position outside the cabinet for placement and retrieval of an article in the tray and a second position within the disinfection chamber for disinfection of the article (see Figs. 14 for the two positions; par. 85).
Vorac discloses a controller (par. 85 discloses a controller communicating via signals to operate the UV light) and a first germicidal assembly mounted including a panel to the disinfection chamber (Figs. 14, LED on module M; par. 72), but appears to be silent with regards to the controller manipulating a movably mounted first germicidal assembly which includes an articulated arm to extend the first UV panel in a first direction towards the article inside the cabinet for disinfecting the article and with regards to a first and second position sensor.
Farren (US 2013/0175460) teaches a UV disinfecting method including manipulating a first germicidal assembly (Fig. 10 UV lamp 5 within housing 2) including an articulated arm movably mounted to the disinfection chamber (arm 18 and track 19), wherein the articulated arm is manipulated to extend the first UV panel in a first direction to better disinfect the desired article (par. 142 discloses the motor 1 articulates the position of the UV light to optimize the position of the UV light within the chamber) and in another embodiment teaches a sensor attached to and used for positioning a germicidal assembly (range-finding sensor, par. 151, 370). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Vorac such that the germicidal assembly includes a sensor and that the UV panel is mounted to an articulated arm for extending the panel in a first direction and second direction as taught by Farren to arrive at the claimed invention. One would have been motivated to do so to provide more even coverage of disinfecting UV light over the entire surface of the article to be treated to arrive at an improved disinfecting system. Furthermore, It would have been obvious to modify the assembly to include a first and second sensor because this modification is merely a duplication of parts, and duplicating existing prior art parts has no patentable significance unless a new and unexpected result is produced, MPEP 2144.04(VI)(B). The limitation that the sensors are positioned in such a way that the assembly moves between the first and second sensor would be arrived at because the sensor taught by Farren is located on the boom that is used for laterally adjusting the UV source, which as shown in fig. 10 would involve placing the sensors on either post 16 or track 19 which the lamp 5 moves between as set forth in par. 142.
Regarding claim 12, modified Vorac further teaches the step of manipulating further comprises moving, using the controller, at least one of the articulated arm and the first UV panel in the second direction orthogonal to the first direction (par. 142 of Farren discloses the motor 1 moves both up and down and horizontally, the horizontal articulation reading on a different and orthogonal direction).
Regarding claim 13, modified Vorac further teaches the lamp 5 can be moved in a third and orthogonal direction (par. 142 discloses a rotation which necessarily requires a third direction tangent to the horizontal one) but appears to be silent with regards to another germicidal assembly including another UV panel that is manipulated in another orthogonal direction. However, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method includes another germicidal assembly including another UV panel that is manipulated in another orthogonal direction. One would have been motivated to do so as this modification is merely a duplication of parts, and the mere duplication of parts has no patentable significance unless a new and unexpected result is produced, MPEP 2144.04(VI)(B). There is no new nor unexpected result that would reasonably be achieved from the addition of another germicidal assembly that merely performs an existing function in the prior art.
Regarding claim 14, the embodiment of Figs. 20 of Vorac teaches a germicidal assembly being under the tray (module M, Figs. 20), and therefore the modification of the embodiments of Figs. 14 of Vorac such that the second UV panel to be movable under the tray would further be obvious to facilitate further UV exposure.
Regarding claim 16, modified Vorac further teaches the disinfection chamber is distinct from the cabinet (Figs. 14 C-E best show the chamber formed by CV and the interior of the cabinet C being distinct structures/spaces).
Regarding claim 17, modified Vorac further teaches the first germicidal assembly is movable above the tray (Figs. 14 show the light LED above the tray PL, and the inclusion of Farren making it movably positioned).
Regarding claim 18, Vorac further teaches in the embodiment of Figs. 20 a light positioned below the tray and the tray comprising a base that is made of mesh (Fig. 20C mesh MS) which is optically permeable to UV light (par. 93), and therefore the modification of the embodiments of Figs. 14 of Vorac such that the second UV panel to be movable under the tray would further be obvious to facilitate more complete UV exposure.
Regarding claim 19, Vorac further teaches the articulated arm extends the first UV panel toward the article and to a position at least 150 mm away from the article (par. 12 discloses the object is about 150 mm away from the radiation source, overlapping with the claimed range of ‘at least 150 mm away’; see MPEP 2144.05(I)).
Regarding claim 20, modified Vorac further teaches the articulated arm includes at least one of an articulating scissor arm, a telescopic arm, or a pivotable telescopic arm (the motor 1 telescopes the central sleeve 12 on central post 16, par. 142 of Farren).
Regarding claim 21, Vorac teaches –
A method of disinfecting an article (abstract), the method comprising:
providing a disinfection chamber inside a cabinet (Figs. 14A-F the chamber proximate a bottom of the system formed by cover CV) inside a cabinet (components C forms a cabinet containing the components), wherein
the disinfection chamber includes a tray (shelf/platform PL) moveable between a first position outside the cabinet for placement and retrieval of an article in the tray and a second position within the disinfection chamber for disinfection of the article (see Figs. 14 for the two positions; par. 85).
Vorac discloses a controller (par. 85 discloses a controller communicating via signals to operate the UV light) and a first germicidal assembly mounted including a panel to the disinfection chamber (Figs. 14, LED on module M; par. 72), but appears to be silent with regards to the controller manipulating a movably mounted first germicidal assembly which includes an articulated arm to extend the first UV panel in a first direction towards the article inside the cabinet for disinfecting the article and with regards to a first and second sensor.
Farren (US 2013/0175460) teaches a UV disinfecting method including manipulating a first germicidal assembly (Fig. 10 UV lamp 5 within housing 2) including an articulated arm movably mounted to the disinfection chamber (arm 18 and track 19), wherein the articulated arm is manipulated to extend the first UV panel in a first direction and second direction to better disinfect the desired article (par. 142 discloses the motor 1 articulates the position of the UV light to optimize the position of the UV light within the chamber) and further a position sensor (range-finding sensor, par. 151, 370). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Vorac such that the germicidal assembly includes a sensor and that the UV panel is mounted to an articulated arm for extending the panel in a first direction and second direction as taught by Farren to arrive at the claimed invention. One would have been motivated to do so to provide more even coverage of disinfecting UV light over the entire surface of the article to be treated to arrive at an improved disinfecting system. Furthermore, It would have been obvious to modify the assembly to include a first and second sensor because this modification is merely a duplication of parts, and duplicating existing prior art parts has no patentable significance unless a new and unexpected result is produced, MPEP 2144.04(VI)(B). The limitation that the sensors are positioned in such a way that the assembly moves between the first and second sensor would be arrived at because the sensor taught by Farren is located on the boom that is used for laterally adjusting the UV source, which as shown in fig. 10 would involve placing the sensors on either post 16 or track 19 which the lamp 5 moves between as set forth in par. 142.Regarding claim 22, modified Vorac further teaches the step of manipulating further comprises moving, using the controller, at least one of the articulated arm and the first UV panel in a second direction orthogonal to the first direction (par. 142 of Farren discloses the motor 1 moves both up and down and horizontally, the horizontal articulation reading on a different and orthogonal direction).
Regarding claim 23, modified Vorac further teaches the lamp 5 can be moved in a third and orthogonal direction (par. 142 discloses a rotation which necessarily requires a third direction tangent to the horizontal one) but appears to be silent with regards to another germicidal assembly including another UV panel that is manipulated in another orthogonal direction. However, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method includes another germicidal assembly including another UV panel that is manipulated in another orthogonal direction. One would have been motivated to do so as this modification is merely a duplication of parts, and the mere duplication of parts has no patentable significance unless a new and unexpected result is produced, MPEP 2144.04(VI)(B). There is no new nor unexpected result that would reasonably be achieved from the addition of another germicidal assembly that merely performs an existing function in the prior art.
Regarding claim 24, the embodiment of Figs. 20 of Vorac teaches a germicidal assembly being under the tray (module M, Figs. 20), and therefore the modification of the embodiments of Figs. 14 of Vorac such that the second UV panel to be movable under the tray would further be obvious to facilitate further UV exposure.
Regarding claim 26, modified Vorac further teaches the disinfection chamber is separate from the cabinet (Figs. 14C-E show the chamber CV being a different component from the cabinet C).
Regarding claim 27, modified Vorac further teaches the first germicidal assembly is movable above the tray (Figs. 14 show the light LED above the tray PL, and the inclusion of Farren making it movably positioned).
Regarding claim 28, Vorac further teaches in the embodiment of Figs. 20 a light positioned below the tray and the tray comprising a base that is made of mesh (Fig. 20C mesh MS) which is optically permeable to UV light (par. 93), and therefore the modification of the embodiments of Figs. 14 of Vorac such that the second UV panel to be movable under the tray would further be obvious to facilitate more complete UV exposure.
Regarding claim 30, Vorac further teaches the articulated arm includes at least one of an articulating scissor arm or a telescopic arm (the motor 1 telescopes the central sleeve 12 on central post 16, par. 142 of Farren).
Claims 15, 25, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Vorac (US 2022/0126750) in view of Farren (US 2013/0175460) as applied to claims 13, 21, and 23 above and further in view of Yeung (US 2020/0230274).
Regarding claims 15 and 25, modified Vorac teaches a pulsed UV light (Farren discloses pulsed UV light, par. 142), but appears to be silent with regards to the first and second UV panel pulse alternately onto the article.
Yeung (US 2020/0230274) discloses a disinfection method (abstract) where asynchronously and alternated pulsed light is used to achieve microbial disinfection (pars. 43, 68-69). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Vorac such that the first and second light panel project UV light alternately onto the article as taught by Yeung to arrive at the claimed invention. One would have been motivated to do so to better disinfect the article using asynchronous intermittent lighting as disclosed as desirable by Yeung to arrive at an improved method.
Regarding claim 29, modified Vorac teaches a pulsed UV light (Farren discloses pulsed UV light, par. 142), but appears to be silent with regards to the first panel projecting alternately onto the article.
Yeung (US 2020/0230274) discloses a disinfection method (abstract) where asynchronously and alternated pulsed light is used to achieve microbial disinfection (pars. 43, 68-69). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Vorac such that the first and second light panel project UV light alternately onto the article as taught by Yeung to arrive at the claimed invention. One would have been motivated to do so to better disinfect the article using asynchronous intermittent lighting as disclosed as desirable by Yeung to arrive at an improved method.
Response to Arguments
Applicant's arguments filed 2/20/26 have been fully considered but they are not persuasive.
Applicant’s remarks with respect to claim 11 and 21 on pages 5-8 arguing Vorac fails to teach a first and second position sensor are not persuasive. Farren makes obvious this newly added limitation to the claim in the newly cited embodiment of fig. 19 that includes a positioning sensor for the germicidal assembly.
Applicant’s remarks directed towards Farren on page 9 arguing the reference does not teach multiple sensors are further not persuasive, because the modification of Farren to include more than one existing sensor is only a duplication of parts which can only be obvious unless a new and unexpected result is achieved, MPEP 2144.04(VI)(B).
Applicant’s remarks on pages 10-12 arguing that Vorac could not be modified with Farren to arrive at the claimed invention because varying the position of Vorac’s light source would alter the dose delivered and required for treatment are not persuasive. An ordinary artisan would expect to and be capable of making the requisite modifications to the primary reference Vorac in the incorporation of the teachings of Farren, because altering UV dosages in a UV sterilization system is only ordinary and expected in the art. The fact that some adjustments might be made in the process of incorporation does not establish that there would be some undue experimentation required, and an ordinary artisan would readily see the advantages of a mobile UV sterilization source like that disclosed by Farren, in order to avoiding shadowing of the object to be treated and arrive at a more effective sterilization process.
Further regarding Applicant’s remarks directed towards Vorac arguing that the compartment is “space-constrained”, this argument is not persuasive because the reference makes no such reference to space constraints and in this argument Applicant inserts limitations into the reference that are not actually present. Farren similarly lacks any such space requirement.
Claims 11 and 21 remain rejected.
The remaining claims remain rejected similarly.
Conclusion
THIS ACTION IS MADE FINAL. 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 BRENDAN A HENSEL whose telephone number is (571)272-6615. The examiner can normally be reached Mon-Thu 8:30 - 7pm;.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRENDAN A HENSEL/Examiner, Art Unit 1758
Prosecution Insights