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 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.
Claim(s) 17-18 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 17-18 recite the limitation " the light body". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-6, 8-11, 15-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BAHNER (DE 102017128973 A1).
Regarding claim 1, BAHNER discloses a light and air removal device (figs. 2 and 3), comprising:
a body (16’) having an outer edge (of 16’), a bottom surface (of 16’), and at least one lamp (3, 30);
an outer wall (of 16’’) surrounding the outer edge of the body (16’) to form an air suction channel (20, 21, 22) around the outer edge of the body, the air suction channel having at least one inlet (21) disposed adjacent the bottom surface of the body;
a vacuum hose (24 to 29) connected to the air suction channel (20) for connection to a vacuum device (post 29, not illustrated) ; and
an adjustable support (arm 12, 12’, 12’’) connected to the body (16’) for positioning the body and the at least one inlet to direct light (from 3, 30) and air suction (from 20, 21, 22) in an area adjacent the bottom surface of the body.
(figs. 2 and 3)
(machine translation, pgs., 1-2, 3 and 6-7).
Regarding claim 15, BAHNER discloses a kit for “retrofitting”/fitting a light (abstract) (fig. 2; display 44 of 42; and/or lights 3, 30 of 16’) (pgs. 6-7) to include air suction (figs. 2 and 3; via 20, 21, 22), the kit comprising:
a shroud (of 16’’) for placement around a body (of 42/44/43 and/or 16’) of the light (display 44; and/or lights 3, 30 of 16’) to form an air suction channel (20, 21, 22) ; and
at least one air suction inlet (21) adjacent an outer periphery of a bottom surface of the body (42/44/43 and/or 16’), the air suction channel having an outlet (at 24) for connection to a vacuum hose (24 to 29) and a vacuum device (post 29, not illustrated)
(figs. 2 and 3)
(machine translation, pgs., 1-2, 3 and 6-7).
(pgs. 6-7 Note display 42/44 can be replaced into 16’’; which implies 16’’ can be “retrofitted” around 42/44 as 42/44 is placed into 16’’) .
Regarding claim 2, BAHNER discloses an inner wall (of 16”) between the body outer edge (of 16’) and the outer wall (of 16’’) , the air suction channel (20, 21, 22) formed between the inner wall and the outer wall.
Regarding claim 3, BAHNER discloses that the inner wall (of 16”) and the outer wall (of 16’’) are parallel to each other (see fig. 3, 16’ and 16’’ do not intersect).
Regarding claim 4, BAHNER discloses that the inner wall (of 16”) and the outer wall (of 16’’) are concentric (see fig. 3).
Regarding claim 5, BAHNER discloses that the at least one inlet (21 of 20) surrounds an outer periphery of the bottom surface (of 16’) of the body (16’) .
Regarding claim 6, BAHNER discloses that the at least one inlet (21 of 20) is an annular inlet (20, 21 is annular) and the outer periphery is circular shaped.
Regarding claim 8, BAHNER discloses a handle (figs. 2 and 3; any grippable part of the arm (12, 12’, 12’’) can be used as a handle) connected to the body (16’) for moving the device.
Regarding claim 9, BAHNER discloses that the adjustable support is a swing arm (12, 12’, 12’’) (pg. 5; Note arm is movable about several axes 11).
Regarding claim 10, BAHNER discloses that the air suction channel (20, 21, 22) is a hollow ring (of 20) surrounding the body (16’) having holes (21) as air inlets (21).
Regarding claim 11, BAHNER discloses that the at least one lamp (3, 30) is suitable for use as any one or combination of the following: a dental light, a surgical light, an aesthetician light, and a hair stylist light
(machine translation, pg. 2; Note task lamp for use in the fields of medicine or other fields).
Regarding claim 16, BAHNER discloses that the vacuum hose (24 to 29) for connection to the outlet and to the vacuum device (post 29, not illustrated) .
Regarding claim 18, BAHNER discloses at least one attachment mechanism (fig. 2; pivot joint 43) for attaching the shroud (of 16’’) to “the light body” (42/44 via 16) .
Claim(s) 1, 11 and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NAM et al. (KR 102188226 B1).
Regarding claim 1, NAM discloses a light and air removal device (fig. 4, 310, 410), comprising:
a body (310) having an outer edge, a bottom surface, and at least one lamp (310);
an outer wall (of 410) surrounding the outer edge of the body (310) to form an air suction channel (fig. 4, 410, 420, 500) around the outer edge of the body, the air suction channel having at least one inlet (433) disposed adjacent the bottom surface of the body;
a vacuum hose (420) connected to the air suction channel for connection to a vacuum device (500); and
an adjustable support (arm 320) connected to the body for positioning the body (310) and the at least one inlet to direct light and air suction in an area adjacent the bottom surface of the body (abstract).
Regarding claim 15, NAM discloses a kit (410, 420) for retrofitting a light (fig. 4, 310) to include suction (via shroud 410, 420, 500) the kit comprising:
a shroud (410) for placement around a body (310) of the light (310) to form an air suction channel (fig. 4, 410, 420, 500) ; and
at least one air suction inlet (433) adjacent an outer periphery of a bottom surface of the body (of 310) , the air suction channel having an outlet (410 at 420) for connection to a vacuum hose (420) and a vacuum device (500);
and an attachment mechanism (411, 432) for attaching the shroud (410) to the light (310) (abstract).
Regarding claim 11, NAM discloses wherein the at least one lamp is suitable for use as any one or combination of the following: a dental light, a surgical light, an aesthetician light, and a hair stylist light (abstract) (TECHNICAL-FIELD) (fig. 1).
Regarding claim 16, NAM discloses the vacuum hose (420) for connection to the outlet and to the vacuum device (500).
Regarding claim 17, NAM discloses that the shroud (420) is friction fit (via 432) to the light body (310) (432 will have some friction between itself and 320).
Regarding claim 18, NAM discloses at least one attachment mechanism (432) for attaching the shroud (420) to the light body (320).
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.
2. Claim(s) 7, 12 and 14 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over BAHNER (DE 102017128973 A1) in view of LIN et al. (US 20200345905 A1).
Regarding claim 7, BAHNER discloses at least one secondary air suction inlet (another 21) located on
But BAHNER fails to disclose secondary air suction inlet located on the bottom surface of the body.
LIN, however, discloses a swing arm (132) lighting fixture (fig. 3, 23, 22, 132) with a handle (25) and a secondary air suction inlet (10’s and/or 10 in 25) [0062] located on the bottom surface of the body (of 23) that connects to suction system (upstream of 10’s) via a secondary air suction channel (associated with a secondary 10/25) [0062] [0053].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of BAHNER, with secondary air suction inlet located on the bottom surface of the body, as taught by LIN, to use for removing additional air from the operation area.
Moreover, regarding claim(s) LIN, 12 discloses the device includes a UV lamp [0021].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine/modify the invention of BAHNER, with the device includes a UV lamp, as taught by LIN, to use as part of a filter component for cleaning circulated air for improved operator breathing/comfort [0021].
Regarding claim 14, BAHNER discloses that the at least one inlet (20, 21, 22) is an annular inlet (of 20) surrounding an outer periphery of the bottom surface of the body (16’) , and the air suction channel (20) is a hollow ring surrounding the body having holes (21) as air inlets (21), the device further comprising: at least one secondary air suction inlet (another 21) located on
But BAHNER fails to disclose secondary air suction inlet located on the bottom surface of the body and . at least one UV lamp.
LIN, however, discloses a swing arm (132) lighting fixture (fig. 3, 23, 22, 132) with a handle (25) and a secondary air suction inlet (10’s and/or 10 in 25) [0062] located on the bottom surface of the body (of 23) that connects to suction system (upstream of 10’s) via a secondary air suction channel (associated with a secondary 10/25) [0062] [0053]; and
That the device includes a UV lamp [0021].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of BAHNER, with secondary air suction inlet located on the bottom surface of the body and that the device includes a UV lamp, as taught by LIN, to use for removing additional air from the operation area and to use as part of a filter component for cleaning circulated air for improved operator breathing/comfort [0021].
2. Claim(s) 13 and 19 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over BAHNER (DE 102017128973 A1) in view of JANSSEN et al. (US 20180154405 A1).
Regarding claim 13, BAHNER discloses
regarding claim 19, BAHNER discloses
But, regarding claim 13, BAHNER fails to disclose wherein the UV lamp is a LED UV rope light positioned around the outer edge of the body.; and
regarding claim 19, BAHNER fails to disclose a LED UV rope light for placement around the body.
JANSSEN, however, discloses use of a UV LED string/rope light [0076] positioned around the outer edge of a body/around a body
[0076] (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of BAHNER, with UV LED rope/spring lights positioned around an outer edge of a body, as taught by JANSSEN, to use for UV sterilization for prevention of contamination/biofouling buildup on the exterior of a body (abstract).
2. Claim(s) 13 and 19 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over NAM et al. (KR 102188226 B1) in view of JANSSEN et al. (US 20180154405 A1).
Regarding claim 13, NAM discloses
regarding claim 19, NAM discloses
But, regarding claim 13, NAM fails to disclose wherein the UV lamp is a LED UV rope light positioned around the outer edge of the body.; and
regarding claim 19, NAM fails to disclose a LED UV rope light for placement around the body.
JANSSEN, however, discloses use of a UV LED string/rope light [0076] positioned around the outer edge of a body/around a body
[0076] (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of NAM, with UV LED rope/spring lights positioned around an outer edge of a body, as taught by JANSSEN, to use for UV sterilization for prevention of contamination/biofouling buildup on the exterior of a body (abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew Smyth whose telephone number is 571-270-1746. The examiner can normally be reached between 9:00AM - 6:00PM; Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached on 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW SMYTH/Primary Examiner, Art Unit 2881