DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 10 March 2023 and 3 May 2023 are being considered by the examiner.
Specification
4. The disclosure is objected to because of the following informalities:
In par 0033, “distal end portions 31a and 31a” should read --distal end portions 31a and 31b-- in both instances.
Appropriate correction is required.
Claim Objections
5. Claim 1 is objected to because of the following informalities: in the eighth line, the limitation “the rotation caused by the horizontal angle adjustment unit and/or the vertical angle adjustment unit” should read --the rotation caused by the horizontal angle adjustment unit and/or the rotation caused by the vertical angle adjustment unit--, for clarity that the controller treats the two adjustment units in the same manner.
6. Claim 8 is objected to because of the following informalities: in the ninth line, the limitation “the rotation caused by the horizontal angle adjustment unit and/or the vertical angle adjustment unit” should read --the rotation caused by the horizontal angle adjustment unit and/or the rotation caused by the vertical angle adjustment unit--, for clarity that the controller treats the two adjustment units in the same manner.
7. Claim 10 is objected to because of the following informalities: in the eighth line, the limitation “the rotation caused by the horizontal angle adjustment unit and/or the vertical angle adjustment unit” should read --the rotation caused by the horizontal angle adjustment unit and/or the rotation caused by the vertical angle adjustment unit--, for clarity that the controller treats the two adjustment units in the same manner.
Appropriate correction is required.
Claim Interpretation
8. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
9. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
10. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless 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. Such claim limitation(s) is/are: “horizontal angle adjustment unit” and “vertical angle adjustment unit” in claim 1, which each correspond to a motor for rotating the light source (Specification pars 0033-0034) and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
11. 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.
12. Claims 1, 2, 5, 8, and 10 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.
13. Claim 1 recites the limitation "the vertical angle" in lines 17 and 19 of the claim, and it is unclear whether this is intended to refer to the vertical angle corresponding to a position not irradiated (line 12), the vertical angle corresponding to a position to be irradiated (line 14), or more generally the vertical angle of the light source unit (line 5). Because it is not clear what conditions satisfy the limitations “when the vertical angle in included in each of the plurality of sets” and “a trigonometric function based on the vertical angle”, the claim has indefinite scope.
Further, the conjunction “and/or” in line 4 of claim 1 does not clearly delineate which elements are required by the claim and which are optional. The claim is interpreted herein to require the light source unit, the controller, and at least one of a horizontal angle adjustment unit and/or a vertical adjustment unit. Examiner recommends revising the punctuation as follows to resolve the issue: “a light source unit configured to emit ultraviolet rays in a radiating form; a horizontal angle adjustment unit configured to adjust a horizontal angle of the light source unit by causing rotation of the light source unit in a horizontal direction, and/or a vertical angle adjustment unit configured to adjust a vertical angle of the light source unit by causing rotation of the light source unit in a vertical direction;”.
14. Claims 2 and 5 are indefinite by virtue of their dependence on indefinite claim 1.
15. Claim 8 recites the limitation "the vertical angle" in lines 18 and 20 of the claim, and it is unclear whether this is intended to refer to the vertical angle corresponding to a position not irradiated (line 13), the vertical angle corresponding to a position to be irradiated (line 15), or more generally the vertical angle of the light source unit (line 6). Because it is not clear what conditions satisfy the limitations “when the vertical angle in included in each of the plurality of sets” and “a trigonometric function based on the vertical angle”, the claim has indefinite scope.
Further, the conjunction “and/or” in line 5 of claim 8 does not clearly delineate which elements are required by the claim and which are optional. The claim is interpreted herein to require the light source unit and at least one of a horizontal angle adjustment unit and/or a vertical adjustment unit. Examiner recommends revising as follows to resolve the issue: “a light source unit configured to emit ultraviolet rays in a radiating form, and at least one of the following: a horizontal angle adjustment unit configured to adjust a horizontal angle of the light source unit by causing rotation of the light source unit in a horizontal direction, and/or a vertical angle adjustment unit configured to adjust a vertical angle of the light source unit by causing rotation of the light source unit in a vertical direction”.
16. Claim 10 recites the limitation "the horizontal angle and/or the vertical angle" in line 16 of the claim. There is insufficient antecedent basis for this limitation in the claim, as it is unclear whether this is intended to refer to the horizontal and/or vertical angle corresponding to a position not irradiated (line 12), the horizontal and/or vertical angle corresponding to a position to be irradiated (line 13), or more generally the horizontal and/or vertical angle of the light source unit (lines 3 and 5).
Further, the conjunction “and/or” in line 4 of claim 10 does not clearly delineate which elements are required by the claim and which are optional. The claim is interpreted herein to require the light source unit, the controller, and at least one of a horizontal angle adjustment unit and/or a vertical adjustment unit. Examiner recommends revising the punctuation as follows to resolve the issue: “a light source unit configured to emit ultraviolet rays in a radiating form; a horizontal angle adjustment unit configured to adjust a horizontal angle of the light source unit by causing rotation of the light source unit in a horizontal direction, and/or a vertical angle adjustment unit configured to adjust a vertical angle of the light source unit by causing rotation of the light source unit in a vertical direction;”.
Claim Rejections - 35 USC § 102
17. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
18. Claim 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dobrinsky et al (US 20160088868 A1).
Regarding claim 10, Dobrinsky teaches a sterilization system (solution for treating a surface with ultraviolet radiation, Abstract, pars 0036 and 0048-0049) comprising:
a light source unit configured to emit ultraviolet rays in a radiating form (movable UV source 40 to direct ultraviolet radiation beam 44, pars 0052-0053, FIG. 7A);
a horizontal angle adjustment unit configured to adjust a horizontal angle of the light source unit by causing rotation of the light source unit in a horizontal direction and/or a vertical angle adjustment unit configured to adjust a vertical angle of the light source unit by causing rotation of the light source unit in a vertical direction (mount selectively rotatable in one or more axes (e.g., x, y and/or z axes)…by the computer system 20, par 0047); and
a controller configured to read setting information including the horizontal angle and/or the vertical angle (computer system 20 can rotate the movable UV source 40 using a set of discrete angles, par 0059), control the rotation caused by the horizontal angle adjustment unit and/or the vertical angle adjustment unit (mount selectively rotatable in one or more axes (e.g., x, y and/or z axes)…by the computer system 20, par 0047), and control irradiation of the ultraviolet rays by the light source unit (computer system…using particular time for each angle Θ to achieve a required dose of ultraviolet radiation, par 0059), wherein
the setting information is set before an operation starts (in initial period of operation, computer system can generate treatment data 34, pars 0037 and 0049), does not include a horizontal angle and/or a vertical angle corresponding to a position not irradiated with the ultraviolet rays (discrete set of angles where each angle is irradiated thus no angles are not irradiated, par 0059), and includes a horizontal angle and/or a vertical angle corresponding to a position to be irradiated with the ultraviolet rays (a particular combination of a range of angles Θ and two or three dimensional positions can be utilized to provide the desired coverage, pars 0045 and 0059),
the setting information includes a range specified by a plurality of positions based on the horizontal angle and/or the vertical angle (a particular combination of a range of angles Θ and two or three dimensional positions can be utilized to provide the desired coverage, par 0045; set of discrete angles, par 0059), and
the controller provides one or more division points between positions to be irradiated with the ultraviolet rays and causes the irradiation of the ultraviolet rays to be performed along any path passing through above the division points in a range to be irradiated with the ultraviolet rays (position 41B/44B as an intermediate division point between positions to be irradiated 44A/44C, FIG. 2B, par 0041).
Claim Rejections - 35 USC § 103
19. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
20. Claims 1, 2, 5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Dobrinsky et al (US 20160088868 A1).
21. Regarding claim 1, Dobrinsky teaches a sterilization system (solution for treating a surface with ultraviolet radiation, Abstract, pars 0036 and 0048-0049) comprising:
a light source unit configured to emit ultraviolet rays in a radiating form (movable UV source 40 to direct ultraviolet radiation beam 44, pars 0052-0053, FIG. 7A);
a horizontal angle adjustment unit configured to adjust a horizontal angle of the light source unit by causing rotation of the light source unit in a horizontal direction and/or a vertical angle adjustment unit configured to adjust a vertical angle of the light source unit by causing rotation of the light source unit in a vertical direction (mount selectively rotatable in one or more axes (e.g., x, y and/or z axes)…by the computer system 20, par 0047); and
a controller configured to read setting information including the horizontal angle and/or the vertical angle (computer system 20 can rotate the movable UV source 40 using a set of discrete angles, par 0059), control the rotation caused by the horizontal angle adjustment unit and/or the vertical angle adjustment unit (mount selectively rotatable in one or more axes (e.g., x, y and/or z axes)…by the computer system 20, par 0047), and control irradiation of the ultraviolet rays by the light source unit (computer system…using particular time for each angle Θ to achieve a required dose of ultraviolet radiation, par 0059), wherein
the setting information is set before an operation starts (in initial period of operation, computer system can generate treatment data 34, pars 0037 and 0049), does not include a horizontal angle and/or a vertical angle corresponding to a position not irradiated with the ultraviolet rays (discrete set of angles where each angle is irradiated thus no angles are not irradiated, par 0059), and includes a horizontal angle and/or a vertical angle corresponding to a position to be irradiated with the ultraviolet rays (a particular combination of a range of angles Θ and two or three dimensional positions can be utilized to provide the desired coverage, pars 0045 and 0059),
the setting information includes a plurality of sets of horizontal angles and/or vertical angles corresponding to positions to be irradiated with the ultraviolet rays (a particular combination of a range of angles Θ and two or three dimensional positions can be utilized to provide the desired coverage, par 0045; set of discrete angles, par 0059), and
when the vertical angle is included in each of the plurality of sets in the setting information read (range of angles Θ include zenith and polar angles, pars 0045 and 0047) and the light source unit is close to a ceiling i.e. top of the space (FIGS. 2A, 5, 7A), the controller estimates a dimension indicating beam spreading by a trigonometric function based on the vertical angle and a height of the ceiling (FIG. 7A, computer system 20 can calculate a size of the target area 8B using the known variables and standard geometry, par 0058), and changes irradiation time (computer system can rotate the movable UV source 40 slower for larger angles Θ, par 0059), irradiation intensity, or wavelength to be automatically set in the setting information (computer system 20 can perform additional operations such as adjust intensity or spectral power of the ultraviolet beam, par 0060).
This example embodiment of Dobrinsky does not explicitly teach wherein the controller estimates a distance to a floor surface by this trigonometric function. However, Dobrinsky uses the same calculation via known geometry i.e. a trigonometric function to calculate the beam spot size (par 0058) then uses this information to similarly adjust the irradiation time at each angle to account for the lower intensity (par 0059).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the controller to estimate the distance to a floor surface, as Dobrinsky teaches a similar trigonometric function used to estimate the beam spot size that is directly dependent on the distance to a floor surface. Doing so would predictably enable the same control advantages, namely that the UV light source can be rotated across angles within the space at an appropriate time duration to ensure that a target radiation dose is delivered for each target area (pars 0058-0060).
22. Regarding claim 2, Dobrinsky teaches the sterilization system according to claim 1, wherein the setting information includes irradiation time, irradiation intensity, and/or wavelength (computer system 20 operates UV source with base intensity and wavelength and can adjust time, intensity, and spectral power to deliver desired dose, pars 0059-0060), and the controller controls the irradiation of the ultraviolet rays based on the setting information (pars 0059-0060).
23. Regarding claim 5, Dobrinsky teaches the sterilization system according to claim 1, wherein the controller controls the irradiation of the ultraviolet rays (computer system 20 can rotate the movable UV source 40 using a set of discrete angles Θ, par 0059), based on set schedule information or a result of human detection (particular time used for each angle Θ to achieve a required dose of ultraviolet radiation, par 0059).
24. Regarding claim 8, Dobrinsky teaches a control method (treatment program 30 enables the computer system 20 to operate a movable ultraviolet (UV) source 40 to direct ultraviolet radiation onto one or more surfaces of the object 2 in order to sanitize the surface(s), pars 0036-0037) comprising,
performing, for a light source unit configured to emit ultraviolet rays in a radiating form (movable UV source 40 to direct ultraviolet radiation beam 44, pars 0052-0053, FIG. 7A), and a horizontal angle adjustment unit configured to adjust a horizontal angle of the light source unit by causing rotation of the light source unit in a horizontal direction, and/or a vertical angle adjustment unit configured to adjust a vertical angle of the light source unit by causing rotation of the light source unit in a vertical direction (mount selectively rotatable in one or more axes (e.g., x, y and/or z axes)…by the computer system 20, par 0047),
reading of setting information including the horizontal angle and/or the vertical angle (computer system 20 can rotate the movable UV source 40 using a set of discrete angles, par 0059), controlling of the rotation caused by the horizontal angle adjustment unit and/or the vertical angle adjustment unit (mount selectively rotatable in one or more axes (e.g., x, y and/or z axes)…by the computer system 20, par 0047), and controlling of irradiation of the ultraviolet rays by the light source unit (computer system…using particular time for each angle Θ to achieve a required dose of ultraviolet radiation, par 0059), wherein
the setting information is set before an operation starts (in initial period of operation, computer system can generate treatment data 34, pars 0037 and 0049), does not include a horizontal angle and/or a vertical angle corresponding to a position not irradiated with the ultraviolet rays (discrete set of angles where each angle is irradiated thus no angles are not irradiated, par 0059), and includes a horizontal angle and/or a vertical angle corresponding to a position to be irradiated with the ultraviolet rays (a particular combination of a range of angles Θ and two or three dimensional positions can be utilized to provide the desired coverage, pars 0045 and 0059),
the setting information includes a plurality of sets of horizontal angles and/or vertical angles corresponding to positions to be irradiated with the ultraviolet rays (a particular combination of a range of angles Θ and two or three dimensional positions can be utilized to provide the desired coverage, par 0045; set of discrete angles, par 0059), and
when the vertical angle is included in each of the plurality of sets in the setting information read (range of angles Θ include zenith and polar angles, pars 0045 and 0047) and the light source unit is close to a ceiling i.e. top of the space (FIGS. 2A, 5, 7A), the controller estimates a dimension indicating beam spreading by a trigonometric function based on the vertical angle and a height of the ceiling (FIG. 7A, computer system 20 can calculate a size of the target area 8B using the known variables and standard geometry, par 0058), and changes irradiation time (computer system can rotate the movable UV source 40 slower for larger angles Θ, par 0059), irradiation intensity, or wavelength to be automatically set in the setting information (computer system 20 can perform additional operations such as adjust intensity or spectral power of the ultraviolet beam, par 0060).
This example embodiment of Dobrinsky does not explicitly teach wherein the controller estimates a distance to a floor surface by this trigonometric function. However, Dobrinsky uses the same calculation via known geometry i.e. a trigonometric function to calculate the beam spot size (par 0058) then uses this information to similarly adjust the irradiation time at each angle to account for the lower intensity (par 0059).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the controller executing the control method to estimate the distance to a floor surface, as Dobrinsky teaches a similar trigonometric function used to estimate the beam spot size that is directly dependent on the distance to a floor surface. Doing so would predictably enable the same control advantages, namely that the UV light source can be rotated across angles within the space at an appropriate time duration to ensure that a target radiation dose is delivered for each target area (pars 0058-0060).
Conclusion
25. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lloyd (US 20170246329 A1) teaches a UV light source that rotates in horizontal and vertical directions (FIGS. 6-9) and is capable of irradiating a path consisting of a plurality of angles preset via analysis of an image (FIG. 15, pars 0096-0101 and 0124).
Katz (US 20190117809 A1) teaches a light source coupled with controller-operated pan-tilt servo motors that control direction of a disinfecting UV beam according to a predetermined protocol (pars 0163 and 0177).
26. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Talbert whose telephone number is (703)756-5538. The examiner can normally be reached Mon-Fri 8:00-5:00 Eastern Time.
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.
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/ERIC TALBERT/Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758