DETAILED ACTION
This is the first action on the merits for US Patent Application No. 18/223,504, filed 18 July, 2023, with priority to provisional application 63/368,843, filed 19 July 2022.
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 without traverse of Invention I (claims 1-11) in the reply filed on 12 January, 2026, is acknowledged. Accordingly, claims 12-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claim 8 is objected to for the following informalities:
-“than” at line 4 of the claim should read “then”
-“UV light PCBA” at line 5 of the claim should read “a UV light printed circuit board assembly”
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1&2) as being anticipated by Yamashita et al. (US 2012/0038071 A1).
Regarding claim 1, Yamashita teaches a device (1C) comprising a UV light source (19) fixed to an end part of a support arm (33) fitted to a rotating shaft (31) (Figs. 15-16, [0051]). Thus, Yamashita teaches a UV system comprising: a UV light source (19), a UV arm (33), a UV arm pivoting axis (axis defined by rotating shaft 31), wherein the UV light source is connected to the UV arm, wherein the UV arm is located on the UV arm pivoting axis and is rotatable on the UV arm pivoting axis to allow the UV arm to extend over a target, and wherein when the UV arm is over the one or more targets, said UV light source activates and emits UV light which disinfects the target (see Figs. 15-16; at time of exposure, the UV light source 19 is arranged above an upside surface of a mold 11 and the UV light source 19 can be retreated to a position away from the mold after the exposure—[0051]; also see ]0038]-[0039]).
It is acknowledged that Yamashita does not teach use of the system to disinfect targets which comprise one or more fluid input ports. However, Yamashita does teach the positively recited structures of claim 1 (UV light source 19, UV arm 33, and UV arm pivoting axis 31) in an arrangement which would reasonably allow the system to function to disinfect one or more fluid input ports. It is emphasized that, the one or more fluid input ports of claim 1 are recited as part of an intended use of the system, and are not a positively recited structure of the claimed apparatus/system. See MPEP 2115 regarding the non-limiting effect of the recitation of an article worked upon by an apparatus.
Claims 1, 2 and 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hartwig et al. (US 2022/0341608 A1, filed 15 April, 2022).
Regarding claim 1, Hartwig teaches an arrangement (Figs. 2A-B) comprising a UV LED radiation source (1) mounted on an arm (81) rotatable about a rotation axis (80) ([0076]). As similarly indicated with respect to Yamashita above, irrespective of the intended use of the claimed system, the arrangement of Hartwig is consistent with the positively recited structures of the claimed system because the arrangement of Hartwig includes: a UV light source (1), a UV arm (81), a UV arm pivoting axis (81), wherein the UV light source is connected to the UV arm, wherein the UV arm is located on the UV arm pivoting axis and is rotatable on the UV arm pivoting axis to allow the UV arm to extend over a target, and wherein when the UV arm is over the one or more targets, said UV light source activates and emits UV light which disinfects the target (Figs. 2A-B, [0076]; radiation emitted by LED –[0077]; UV radiation sources comprise LEDs emitting in wavelength range effective against bacteria biofilms—[0071]; control device [6] sets position, time window, and power for UV radiation—[0028], [0033], [0075], [0077], [0080]). The arrangement of Hartwig is thus presumed capable of the intended use in disinfecting one or more fluid input ports.
Regarding claim 2, Hartwig discloses the UV port disinfection system of claim 1, and indicates that the UV light source is activated for a predetermined period of time (UV radiation is delivered to different positions for different time windows—see [0020]-[0025]—and the time windows may be fixed—[0026]—fairly implying that the UV light source is activated for a the predetermined time windows).
Regarding claim 7, Hartwig discloses the UV port disinfection system of claim 1, and further teaches a controller (control device [6] controls progression of time windows and UV radiation power—[0028]; control device 6 moves arm 81 with radiation source between three angular positions—[0077]).
Allowable Subject Matter
Claims 3-6 and 8-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, Hartwig discloses the system of claim 1. Claim 3 further requires a detent stop position over the one or more fluid input ports. Hartwig does suggest the system moving between at least three distinct rotational positions in order target different zones for treatment with disinfecting radiation (three angular positions which correspond to the beam collecting optical units 2.1, 2.2, and 2.3, into which the arm 81 of the UV radiation source 1 can be moved by driving by the control device 6 in order to select a corresponding effect zone 5.1, 5.2, or 5.3—[0077]). Hartwig does not explicitly discuss the use of detents to facilitate the alignment of the light source in each positions. However, the use detents to assist in rotation between set positions is commonplace; for example, Bonutti (US 2018/0243626 A1) teaches detents which are stops that provide an indication of when a handgrip (62) rotated about a shaft (62) is within a first or second position ([0101]). Accordingly, a person having ordinary skill in the art would consider including detents within the system of Hartwig to guide rotation into the different angular positions the system is configured to operate in.
However, claim 3 indicates that the detents are positioned over the one or more fluid input ports; by defining the detent in structural relationship to the fluid input ports, claim 3 is interpreted as effectively requiring one or more fluid input ports as part of the claimed system (as opposed to claim 1 which recites the fluid input ports as part of an intended use).
Hartwig indicates that the system can target different zones of a washing machine or dishwasher for disinfection with UV light, such as a mount surface, pump sump, walls, or outlets ([0049], claim 17), wherein the rotation of the arm between angular positions selects which surface is targeted (see [0077]). The device of Hartwig employs various optics (2, 4) to deliver the light from the light source (1) to the target zone (5) (collecting optical units 2.1-2.n, beam delivering optical units 4.1-4.n—[0072]-[0073]) such that the UV arm of Hartwig is not necessarily positioned over the ultimate target surface. Also, Hartwig does not explicitly consider a fluid input port as a target for disinfection.
Generally, the disinfection of fluid input ports with ultraviolet lights is known; for example, Baker et al. (US 2019/0290791 A1) teaches a catheter access port disinfecting device comprising an ultraviolet light source configured to emit ultraviolet radiation that is transmitted to the catheter port (abstract). Baker does not teach an embodiment including a UV light source positioned on a UV arm which moves about a UV axis. Accordingly, there is insufficient evidence to fairly motivate a person of ordinary skill in the art to combine the system of Hartwig with at least one or more input fluid ports, especially wherein the input fluid ports are positioned beneath a detent stop position of the system. Furthermore, no prior art was found which fairly teaches or suggests all features of claim 3.
Claims 4-6 and 8-11 contain allowable subject matter at least by virtue of dependency on claim 3.
Conclusion
Stewart (US 2016/0271803 A1) teaches a robotic disinfection system (title) including a sterilizing module (20) comprising a UV light source ([0035]) attached to an articulating arm (22) ([0036]) which appears capable of rotating about an axis (Figs. 1-2).
Childress (US 2022/0111088 A1) teaches a rotating disinfecting device (title) including a shell configured to rotate about an axis, ultraviolet emitter that are configured to emit UV light, and rotational couplings that couple the UV emitters to the shell and provide multi-axial rotation of the UV emitters (abstract).
Dayton (US 2019/0022261 A1) teaches a decontamination apparatus (title, abstract) comprising a UVC light source (12/14) housing (20) coupled to a distal end of an articulated arm (22), the coupling allowing the light sources to be pivoted about a rotation axis ([0027]; Fig. 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY C PILSBURY whose telephone number is (571)272-8054. The examiner can normally be reached M-Th 7:30a-5:00p.
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/BRADY C PILSBURY/Examiner, Art Unit 1799
/JENNIFER WECKER/Primary Examiner, Art Unit 1797