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 .
DETAILED ACTION
Claim Objections
Claims 1-20 are objected to because of the following informalities:
in line 1 of Claim 1, insert --UV-C based anti-microbial-- between “the” and “air”;
in line 13 of Claim 1, insert --UV-C based anti-microbial-- between “the” and “air”;
in line 16 of Claim 1, insert --internal-- before “chamber”;
in line 1 of Claims 2-10, insert --UV-C based anti-microbial-- between “The” and “air”;
in line 1 of Claim 11, insert --UV-C based anti-microbial-- between “the” and “air”;
in line 13 of Claim 11, insert --UV-C based anti-microbial-- between “the” and “air”;
in line 15 of Claim 11, insert --internal-- before “chamber”;
in line 19 of Claim 11, insert --the-- before “intake”;
in line 20 of Claim 11, insert --the-- before “exhaust”;
in line 1 of Claims 12-20, insert --UV-C based anti-microbial-- between “The” and “air”;
in line 3 of Claim 19, delete “are” and insert --being--.
Appropriate correction is required.
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.
Claims 1-20 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.
In Claim 1, it is not clear whether the limitation “at least one UVC light” in line 3 is attempting to set forth a structure in the form of a light source or that the UV light assembly emits at least one UVC light/radiation.
Claim 1 recites the limitation "the intake opening" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the exhaust opening" in lines 10-11. There is insufficient antecedent basis for this limitation in the claim.
In Claim 11, it is not clear whether the limitation “at least one UVC light” in line 3 is attempting to set forth a structure in the form of a light source or that the UV light assembly emits at least one UVC light/radiation.
Claim 11 recites the limitation "the intake opening" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the exhaust opening" in lines 10-11. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-10 and 12-20 are rejected due to their dependence on a rejected claims.
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.
Claim(s) 1, 4-8, 11 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelsen (WO2004101101).
As to Claim 1, Nelsen (‘101) discloses a UV-C based anti-microbial air circulation system (2) (see Figures 1-8) for a suspended ceiling (see entire document, particularly p. 6 line 15), the UV-C based anti-microbial air circulation system (2) comprising:
a UV light assembly (20) having an internal chamber (i.e. within 22) containing at least one UVC light (21) (see entire document, particularly Figures 2-3, p. 7 lines 9-14);
the UV light assembly (20) connected to an intake assembly (11, 23, 17, 18, 12, 24) on one side and an exhaust assembly (34, 52, 56, 60) on the opposite side (see Figure 2), wherein both the intake assembly (11, 23, 17, 18, 12, 24) and the exhaust assembly (34, 52, 56, 60) include an opening (i.e. within 11 and 60) the side opposite the UV light assembly (20) (see Figure 3) and the openings (i.e. within 11 and 60) are in fluid communication with the internal chamber (i.e. within 22) (see Figures 1-2 and 5-7) via an intake channel (i.e. channel/path where 11, 23, 17, 18, 12 and 24 are located) and an exhaust channel (i.e. channel/path where 34, 52/54, 56 and 60 are located) so that environmental air may enter an intake opening (i.e. opening(s) of 11) flow through the intake channel (i.e. channel/path where 11, 23, 17, 18, 12 and 24 are located) into the internal chamber (i.e. within 22) then through to the exhaust channel (i.e. channel/path where 34, 52/54, 56 and 60 are located) and out an exhaust opening (i.e. opening(s) of 60) (see Figures 1-2) and 5-7);
the intake channel (i.e. channel/path where 11, 23, 17, 18, 12 and 24 are located) and the exhaust channel (i.e. channel/path where 34, 52/54, 56 and 60 are located) each include a baffle assembly (i.e. 24 and 28 for the intake channel and 34 for the exhaust channel) adapted to restrict UVC wavelength light from exiting the UV-C based anti-microbial air circulation system (2) (see Figures 2-3), and
a fan (12) connected to the intake opening (i.e. opening(s) of 11) (see Figure 2), wherein the fan (12) is adapted to circulate the environmental air through the internal chamber (i.e. within 22) and wherein the environmental air capable of residing in the internal chamber (i.e. within 22) for at least about one tenth of one second.
As to Claim 4, the fan (12) of Nelson (‘101) is adapted to/capable of providing from about 40 cubic feet per minute (CFM) to about 150 CFM of airflow.
As to Claim 5, the fan (12) of Nelson (‘101) is adapted to/capable of providing a pressure drop within the UV light assembly (20) from about 0.25 inches of water to about 0.95 inches of water.
As to Claim 6, Nelson (‘101) discloses that the UVC wavelength light is from about 250 nm to about 280 nm (see entire document, particularly p. 7 lines 9-11).
As to Claim 7, the environmental air in Nelson (‘101) is capable of being subjected from about 15 mJ/cm2 to about 65 mJ/cm2 of 254 nm light.
As to Claim 8, the environmental air in Nelson (‘101) is capable of residing in the internal chamber (i.e. within 22) from about 0.2 seconds to about 0.5 seconds.
As to Claim 11, Nelsen (‘101) discloses a UV-C based anti-microbial air circulation system (2) (see Figures 1-8) for a suspended ceiling (see entire document, particularly p. 6 line 15), the UV-C based anti-microbial air circulation system (2) comprising:
a UV light assembly (20) having an internal chamber (i.e. within 22) containing at least one UVC light (21) (see entire document, particularly Figures 2-3, p. 7 lines 9-14);
the UV light assembly (20) connected to an intake assembly (11, 23, 17, 18, 12, 24) on one side and an exhaust assembly (34, 52, 56, 60) on the opposite side (see Figure 2), wherein both the intake assembly (11, 23, 17, 18, 12, 24) and the exhaust assembly (34, 52, 56, 60) include an opening (i.e. within 11 and 60) the side opposite the UV light assembly (20) (see Figure 3) and the openings (i.e. within 11 and 60) are in fluid communication with the internal chamber (i.e. within 22) (see Figure 2) via an intake channel (i.e. channel/path where 11, 23, 17, 18, 12 and 24 are located) and an exhaust channel (i.e. channel/path where 34, 52/54, 56 and 60 are located) so that environmental air may enter an intake opening (i.e. opening(s) of 11) flow through the intake channel (i.e. channel/path where 11, 23, 17, 18, 12 and 24 are located) into the internal chamber (i.e. within 22) then through to the exhaust channel (i.e. channel/path where 34, 52/54, 56 and 60 are located) and out an exhaust opening (i.e. opening(s) of 60);
the intake channel (i.e. channel/path where 11, 23, 17, 18, 12 and 24 are located) and the exhaust channel (i.e. channel/path where 34, 52/54, 56 and 60 are located) each include a baffle assembly (i.e. 24 and 28 for the intake channel and 34 for the exhaust channel) adapted to restrict UVC wavelength light from exiting the UV-C based anti-microbial air circulation system (2) (see Figures 2-3);
a fan (12) connected to the intake opening (i.e. opening(s) of 11) (see Figure 2), wherein the fan (12) is adapted to circulate the environmental air through the internal chamber (i.e. within 22) and wherein the environmental air capable of residing in the internal chamber (i.e. within 22) for at least about one tenth of one second; and
an outer shell (13, 14, 15, 16) comprising a door (13 and/or 14, or 19) removably connected to a pocket (14 or 13; 15 and 16), the pocket and the door adapted to enclose the UV light assembly (20), the intake assembly (11, 23, 17, 18, 12, 24), and the exhaust assembly (34, 52, 56, 60) (see Figures 1-2).
As to Claim 14, the fan (12) of Nelson (‘101) is adapted to/capable of providing from about 40 cubic feet per minute (CFM) to about 150 CFM of airflow.
As to Claim 15, the fan (12) of Nelson (‘101) is adapted to/capable of providing a pressure drop within the UV light assembly (20) from about 0.25 inches of water to about 0.95 inches of water.
As to Claim 16, Nelson (‘101) discloses that the UVC wavelength light is from about 250 nm to about 280 nm (see entire document, particularly p. 7 lines 9-11).
As to Claim 17, the environmental air in Nelson (‘101) is capable of being subjected from about 15 mJ/cm2 to about 65 mJ/cm2 of 254 nm light.
As to Claim 18, the environmental air in Nelson (‘101) is capable of residing in the internal chamber (i.e. within 22) from about 0.2 seconds to about 0.5 seconds.
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.
Claim(s) 2-3 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Nelsen (WO2004101101).
Nelsen (‘101) is relied upon for disclosure described in the rejection of claims 1 and 11 under 35 U.S.C. 102(a)(1).
While Nelsen (‘101) does not appear to specifically teach that the fan is positioned at an acute angle from vertical, such as from about 30 degrees to about 60 degrees, it would have been well within the purview of one of ordinary skill in the art before the effective filing date of the claimed invention to provide the fan at any orientation/configuration such as being positioned at an acute angle from vertical, such as from about 30 degrees to about 60 degrees, in the system of Nelsen as an alternate configuration as a matter of engineering choice. Only the expected results would be attained.
Claim(s) 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nelsen (WO2004101101) as applied to claims 1 and 11 above, and further in view of Stein (DE102020006676).
Nelsen (‘101) is relied upon for disclosure described in the rejection of claims 1 and 11 under 35 U.S.C. 102(a)(1).
While Nelsen (‘101) discloses the baffle assembly (24, 28; 34) includes baffles (26, 27; 36, 37, 38) (see Figures 3-4B), Nelsen (‘101) does not appear to specifically teach that the baffle assembly includes an upper baffle and a lower baffle wherein both the upper baffle and lower baffle take on a wave shape with the highest point of both baffles are closer to the openings than the lowest points of both baffles, which are closest to the UV light assembly.
It was known in the art before the effective filing date of the claimed invention to provide a baffle assembly that includes an upper baffle and a lower baffle where both baffle take on a wave shape with the highest point of both baffles being closer to openings at an intake and an exhaust than the lowest points of both baffles, which are closest to a UV light assembly. Stein (‘676) discloses a UV-C based anti-microbial air circulation system for a ceiling (see Figures 1-5) comprising: a baffle assembly (7) which includes an upper baffle and a lower baffle at an intake (2) as well as at exhaust (3) (see Figures 1-2 and 4-5) wherein both the upper baffle and lower baffle take on a wave shape with the highest point of both baffles are closer to openings of the intake (2) and the exhaust (3) than the lowest points of both baffles (7), which are closest to a UV light assembly (4a; 4b) (see Figures 2 and 4) in order to prevent harmful UV-C radiation from escaping from the interior of the system (see English translation, p. 4 lines 9-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a baffle assembly includes an upper baffle and a lower baffle at both the intake and the exhaust wherein both the upper baffle and lower baffle take on a wave shape with the highest point of both baffles are closer to the openings than the lowest points of both baffles, which are closest to the UV light assembly, in the system of Nelson as a known alternate configuration for a baffle assembly in order to prevent harmful UV-C light from escaping as shown by Stein.
Thus, Claims 9 and 19 would have been obvious within the meaning of 35 U.S.C. 103 over the combined teachings of Nelsen (‘101) and Stein (‘676).
Claim(s) 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nelsen (WO2004101101) as applied to claims 1 and 11 above, and further in view of Palmer (20150359921).
Nelsen (‘101) is relied upon for disclosure described in the rejection of claims 1 and 11 under 35 U.S.C. 102(a)(1).
While Nelsen (‘101) discloses that the exhaust assembly (34, 52, 56, 60) further comprises a filter (56) (see Figures 2 and 5), Nelsen (‘101) does not appear to specifically teach that the intake assembly further comprises a filter.
However, it was known in the art before the effective filing date of the claimed invention to also provide a filter at an intake side. Palmer (‘921) discloses a UV-C based anti-microbial air circulation system (110; 1310) (see Figures 1 and 13) capable of being used for a suspended ceiling, the UV-C based anti-microbial air circulation system (110; 1310) comprising:
a UV light assembly (140) having an internal chamber (i.e. within 140) containing at least one UVC light (210) (see Figures 2, 4-7, 14, 17 and 21-22),
the UV light assembly (140) connected to an intake assembly (410, 220) on one side and an exhaust assembly (220, 420) on the opposite side (see Figures 2, 4-7, 14, 17 and 21-22), wherein both the intake assembly (410, 220) and the exhaust assembly (220, 420) include an opening (i.e. within 220, 410, 420) the side opposite the UV light assembly (210) (see Figure 3) and the openings (i.e. within 220, 410, 420) are in fluid communication with the internal chamber (i.e. within 140) (see Figure 2) so that environmental air may enter an intake opening (i.e. opening(s) of 220, 410) flow through and into the internal chamber (i.e. within 140) then through to and out an exhaust opening (i.e. opening(s) of 220, 420); and
wherein the intake assembly (410, 220) further comprises a filter (410) (see entire document, particularly p. 7 [0100]-[0101]),
in order to trap larger contamination from entering the system so as to maintain a manageable system size and flowrates (see entire document, particularly p. 7 [0102]).
It would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to provide a filter at the intake assembly in the system of Nelson as a known alternate configuration in order to trap larger contamination from entering and burdening the system so as to maintain a manageable system size and flowrates as shown by Palmer.
Thus, Claims 10 and 20 would have been obvious within the meaning of 35 U.S.C. 103 over the combined teachings of Nelsen (‘101) and Palmer (‘921).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references relate either to the field of the invention or subject matter of the invention, but are not relied upon in the rejection of record: 20230235901 and 12133937 and TW504391 and 6500387 and DE202020105873 and 20220152265 (UVC sterilization of air), 11471551 and 8048370 (in-duct air treatment system using UVC light for ozone generation), WO2021138645 and 20190240371 (UVC antimicrobial air circulation system with an inlet filter and inlet/outlet fan, light baffles), 20220062822 (fluid filtration system with filters and baffles at both inlet and outlet), WO9408633/6497840 and 6264888 (Ultraviolet germicidal system for treating air).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINA M YOO whose telephone number is (571)272-6690. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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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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/REGINA M YOO/ Primary Examiner, Art Unit 1758