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 .
Election/Restrictions
Applicant's election with traverse of group I in the reply filed on 7/28/25 is acknowledged. The traversal is on the ground(s) that there is no serious search burden in examining the separate inventions together. This is not found persuasive, because many of the limitations in either group are nowhere to be found in other group. For example, the flow of fluid through the tubes is claimed element of group II, but appears nowhere in group I.
The requirement is still deemed proper and is therefore made FINAL.
Claims 22-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/28/25.
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.
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.
Claims 1-2, 4-6, 8, 10, 12-13, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0252550 A1 [Wegener] in view of US 2010/0104471 A1 [Harmon].
Regarding Claim 1:
Wegener teaches a sterilization device (abstract) comprising:
a sterilization chamber (Fig. 3) defined by a base unit (Fig. 3 (48)) and a lid (Fig. 3 (52));
an at least one holder within said sterilization chamber (Fig. 1 (18a, b));
a light source associated with said sterilization chamber (Fig. 1 (62)); and
an actuator configured to cause movement of said at least one holder (Fig. 3 (74a, 74b)).
However, Wegener fails to teach that the device is hand-held, or that it comprises a handle supporting said sterilization chamber.
Harmon teaches a hand-held UV sterilization device (abstract) comprising a handle (Fig. 1 (102)). It would have been obvious to one of ordinary skill in the art before the effective time of filing to modify Wegener in view of Harmon so that the modified invention would be hand-held and comprise a handle. One would have been motivated to do so in order to provide improved mobility and ease of use.
Regarding Claim 2:
The modified invention of claim 1 teaches the sterilization device of claim 1, wherein the lid is attached to the base unit (Wegener Fig. 3 (54)).
Regarding Claim 4:
The modified invention of claim 1 teaches the sterilization device of claim 1 comprising a first holder and a second holder (Wegener Fig. 1 (18a, b)).
Regarding Claim 5:
The modified invention of claim 1 teaches the sterilization device of claim 1, wherein one of the at least one holder is moveable (Wegener as shown in Figs. 5a-b).
Regarding Claim 6:
The modified invention of claim 4 teaches the sterilization device of claim 4, wherein the first and second holder are moveable towards each other to a first position for sterilization (Wegener Fig. 5a) and a second position to open a fluid pathway (Wegener Fig. 5c).
Regarding Claim 8:
The modified invention of claim 1 teaches the sterilization device of claim 1, wherein the at least one holder comprises a groove configured to receive a tubing connector (Wegener Figs. 1, 2 (18a, b) show such a groove).
Regarding Claim 10:
The modified invention of claim 6 teaches the sterilization device of claim 6, wherein said actuator is movable to a first position for moving said at least one holder into the holder first position and to a second position for moving said at least one holder into a second position (Wegener para 39).
Regarding Claim 12:
The modified invention of claim 6 teaches the sterilization device of claim 6, wherein said actuator is a button on the handle (Harmon Fig. 1 (110)), but fails to specify that said button being configured to move said at least one holder into the first position when said button is pressed a first time and to move said at least one holder into the second position when said button is pressed a second time.
Both Harmon and Wegener teach using buttons to initiate functions in their respective devices. Wegener describes a number of actions associated with the use of its button, including movement of locks, movement of holders, irradiation, and so on. See e.g., Wegener at paras 41 and 54. Harmon teaches using a second actuation of a button to initiate a different function then a first actuation of a button. See Harmon at para 30. It would have been obvious to one of ordinary skill in the art to combine the various button usage teaching of the cited art to achieve the above noted function, wherein a first actuation of a button places the device in the configuration of Wegener Fig. 5a, and the second actuation of the button places the device in the configuration of Wegener Fig. 5b-c. One would have been motivated to do so since the use of a single button to achieve multiple setting reduces the need for controls interfaces and provides a well-known interface for one of ordinary skill in the art.
Regarding Claim 13:
The modified invention of claim 6 teaches the sterilization device of claim 6, wherein said actuator comprises a first and second button on the handle (Harmon Fig. 1 (110, 112)), but fails to specify that, said first button being configured to move the at least one holder to the first position and said second button being configured to move said at least one holder into the second position.
Both Harmon and Wegener teach using buttons to initiate functions in their respective devices. Wegener describes a number of actions associated with the use of its button, including movement of locks, movement of holders, irradiation, and so on. See e.g., Wegener at paras 41 and 54. Harmon teaches using a different buttons to initiate a different functions. See Harmon at para 22. It would have been obvious to one of ordinary skill in the art to combine the various button usage teaching of the cited art to achieve the above noted function. Specifically, the modified invention would be provide a device wherein said first button being configured to move the at least one holder to the first position, i.e., the configuration of Wegener Fig. 5a, and said second button being configured to move said at least one holder into the second position, i.e., in the configuration of Wegener Fig. 5b-c. One would have been motivated to do so since the use of a multiple buttons to achieve multiple setting simplifies the control interfaces and provides a well-known interface for one of ordinary skill in the art.
Regarding Claim 15:
Wegener teaches a system for providing a sterile fluid pathway connection (Fig. 1, para 30) comprising:
a first reusable tube connector (Fig. 1 (38a)) configured to receive a first tube and a second reusable tube connector (Fig. 1 (38b)) configured to receive a second tube; and
a sterilization device (Figs. 1, 3), wherein the sterilization device comprises:
a sterilization chamber (Fig. 3) defined by a base unit (Fig. 3 (48)) and a lid (Fig. 3 (52));
an at least one holder within said sterilization chamber (Fig. 1 (18a, b)), wherein said at least one holder is configured to receive one of said first or second reusable connectors (See Fig. 1);
a light source associated with said sterilization chamber (Fig. 1 (62)); and
an actuator configured to move said at least one holder (Fig. 3 (74a, 74b)).
However, Wegener fails to teach that the device is hand-held, or that it comprises a handle supporting said sterilization chamber.
Harmon teaches a hand-held UV sterilization device (abstract) comprising a handle (Fig. 1 (102)). It would have been obvious to one of ordinary skill in the art before the effective time of filing to modify Wegener in view of Harmon so that the modified invention would be hand-held and comprise a handle. One would have been motivated to do so in order to provide improved mobility and ease of use.
Regarding Claim 16:
The modified invention of claim 15 teaches the system of claim 15, wherein the first reusable tube connector is configured to receive the second reusable tube connector to provide a fluid pathway connection (as shown in Wegener Fig. 5a-c, para 30).
Regarding Claim 17:
The modified invention of claim 15 teaches the system of claim 15, wherein the at least one holder comprises a first holder and a second holder (Wegener (18a, b)), said first holder being configured to receive the first reusable tube connector and said second holder being configured to receive the second reusable tube connector (Wegener Fig. 5a shows the holders performing this function).
Regarding Claim 18:
The modified invention of claim 15 teaches the system of claim 15, wherein one of the at least one holder is moveable (as shown in Wegener Fig. 5a-c).
Regarding Claim 19:
The modified invention of claim 17 teaches the system of claim 17, wherein both the first holder and the second holder are moveable towards each other (as shown in Wegener Fig. 5a-c).
Regarding Claim 20:
The modified invention of claim 15 teaches the system of claim 15, wherein the actuator is moveable to a first position to move the at least one holder to a first position (Wegener Fig. 5a) and the actuator is moveable to a second position to open a fluid pathway (Wegener Fig. 5c).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0252550 A1 [Wegener] in view of US 2010/0104471 A1 [Harmon] as applied to claim 1, and further in view of US 4,503,333 [Kulin].
Regarding Claim 3:
The modified invention of claim 1 teaches the sterilization device of claims 1, but fails to teach that the lid comprises slots configured to receive tubing when the lid is in a closed position. Kulin teaches such a lid (Fig. 11 (82) in an UV sterilization device. It would have been obvious to one of ordinary skill in the art before the effective time of filing to use the tubing receiving lid of Kulin in the above modified invention. One would have been motivated to do so since this would permit placement on the tubing into the chamber whenever the lid is open.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0252550 A1 [Wegener] in view of US 2010/0104471 A1 [Harmon] as applied to claim 1, and further in view of US 2011/0214686 A1 [Chavana].
Regarding Claim 9:
The modified invention of claim 1 teaches the sterilization device of claim 1, but fails to teach that the actuator is a trigger on said handle.
Chavana teaches using a trigger on a handle as a function actuating device. Para 29, Fig. 1 (183). It would have been obvious to one of ordinary skill in the art to add the trigger of Chavana to the handle of the above modified invention. One would have been motivated to do so in order to further simplify use of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT A STOFFA whose telephone number is (571)270-1782. The examiner can normally be reached M-F 0700-1600 EST.
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WYATT STOFFA
Primary Examiner
Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881