DETAILED ACTION
This detailed action is in response to the application filed on March 28, 2023, and any subsequent filings.
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 .
Drawings
The drawings are objected to because: (1) the blurry lines fail to comply with the requirements of 37 CFR 1.84; and, (2) contain grayscale in Figures 8 and 9 which is not permitted except in limited circumstances not applicable here, MPEP 608.02(VII)(B). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Tables 2-5 recite flow units of “gallon per meter (gpm)” which is not a flow unit known to those of ordinary skill in the art. 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.
Claims 7 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.
Claim 7 recites a first casing in line yet Claim 1 from which the claim depends also recites a first casing. For purposes of examination, these casings will be considered the same first casing.
Claim 10 recites specific spacing of UV LEDs yet the claim also recites a single UV LED may be used rendering any spacing unclear. For purposes of examination, any or no spacing of either a single or more than one UV LED will be interpreted as meeting the claim limitation.
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.
Claims 1-3, 7-9, 11, and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wada, et al., U.S. Publication No. 2018/0257952 (“Wada”).
Applicant’s claims are directed towards a device and a method.
Regarding Claims 1-3, 7-9, 11, and 17, Wada discloses a device for disinfecting fluid, comprising a first casing (Fig. 4 (note the broadest reasonable interpretation of a first and second casing consistent with the specification includes a housing and that upper half of housing 18 interpreted as first casing), Paragraph 49 (“Pr”)) including a first at least one source of UV radiation (Fig. 4, item 52, Pr48,51); a second casing (Fig. 4 (lower half of housing 18 interpreted as second casing), Pr49) including a second at least one source of UV radiation (Fig. 4, item 54, Pr48,51); and a fluid passage provided in between the first casing and the second casing (Fig.4, item 42, Pr48), wherein the UV radiation emitted from the first at least one source of UV radiation is directed toward the fluid passage from a first direction and the UV radiation emitted from the second at least one source of radiation is directed toward the fluid passage from a second direction that is different from the first direction (Fig. 4 (note directions of UV radiation indicated by arrows from UV radiation sources 52 and 54)).
Regarding Claims 14-16, Wada discloses a method of disinfecting fluid, comprising providing a fluid to be disinfecting through a fluid passage (Fig. 4, item 42 Pr35,46); providing UV radiation from a first at least one source of UV radiation, wherein the UV radiation is emitted in a first direction onto the fluid passage (Fig. 4, item 52, Pr48,51); and providing UV radiation from a second at least one source of UV radiation, wherein the UV radiation is emitted in a second direction on the fluid passage (Fig. 4, item 54, Pr48,51), wherein the first direction is opposition from the second direction (Fig. 4 (note directions of UV radiation indicated by arrows from UV radiation sources 52 and 54)).
Additional Disclosures Included: Claims 2, 16: wherein the fluid passage is provided in the form of a circular spiral fluid passage (Fig. 5A, item 46, Pr41,46), a triangular spiral fluid passage, a hexagonal spiral fluid passage, a pentagonal spiral fluid passage, an octagonal spiral passage, or a rectangular spiral fluid passage. Claim 3: wherein the first at least one source of UV radiation and the second at least one source of UV radiation are UV-LEDs (Abstract, Pr49). Claim 7: wherein an inner surface of the first casing comprises a first UV-reflective finish (Pr49) and an inner surface of the second casing comprises a second UV-reflective finish (Pr49). Claim 8: wherein the inlet (Fig. 5A, item 46a, Pr46) is connected to the fluid passage at a central portion of the fluid passage (Figs. 5A, 5B (note inlet item 46a connected to passage 50)). Claims 9, 15: wherein the UV radiation emitted from the first at least one source of UV radiation and the UV radiation emitted from the second at least one source of UV radiation each have a wavelength between about 265 nanometer (nm) to about 280 nm (Pr36). Claim 11: wherein the fluid is water (Pr35). Claim 17: wherein the first casing further comprises an inlet connected to the fluid passage (Fig. 5A, item 46a, Pr46), and the second casing further comprises an outlet connected to the fluid passage (Fig. 5B, item 48, Pr46), wherein the fluid enters the fluid passage from the inlet, passes through the fluid passage, and exits the fluid passage via the outlet (Figs. 5A, 5B, Pr46).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wada, et al., U.S. Publication No. 2018/0257952 (“Wada”).
Applicant’s claim is directed towards a device.
In a first embodiment, Wada discloses the device of Claim 1 wherein the first casing further comprises a first printed circuit board (PCB) including the first at least one source of UV radiation (Fig. 6, items 52, 56, Pr51) except the second casing further comprises a second PCB including the second at least one source of UV radiation.
It would have been obvious to one or ordinary skill in the art prior to the effective filing date of the claimed invention to use a second PCB with the second source of UV radiation because, according to Wada, this arrangement allows for sufficient sterilization throughout the flow passage (Pr51).
Claims 5, 6, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wada, et al., U.S. Publication No. 2018/0257952 (“Wada”) in view of Babaie, et al., U.S. Publication No. 2020/0140291 (“Babaie”).
Applicant’s claims are directed towards a device.
Regarding Claims 5 and 6, Wada discloses the device of Claim 1 except a first reflection plate positioned between the first casing and the fluid passage and a second reflection plate positioned between the second casing and the fluid passage.
Babaie also relates to a UV disinfection device and discloses a first reflection plate positioned between the first casing and the fluid passage (Figs. 2, 7 (note left reflection plate 74 in reflecting chamber 70), Pr42,55) and a second reflection plate positioned between the second casing and the fluid passage (Figs. 2, 7 (note right reflection plate in reflecting chamber 70), Pr42,55).
Regarding Claims 12 and 13, Wada discloses a device for disinfecting fluid, comprising a first casing (Fig. 4 (note the broadest reasonable interpretation of a first and second casing consistent with the specification includes a housing and that upper half of housing 18 interpreted as first casing, Pr49), including a first plurality of UV-LEDs configured to emit UV radiation (Figs. 4, 6, items 52, Pr48,51); a second casing (Fig. 4 (lower half of housing 18 interpreted as second casing), Pr49) including a second plurality of UV-LEDs configured to emit UV radiation (Figs. 4, 6, items 54, Pr48,51); a fluid passage configured to accept a fluid provided in between the first casing and the second casing (Fig.4, item 42, Pr48); an inlet coupled to the first casing and is further connected to a first end of the fluid passage (Fig. 5A, items 46a, 50a, Pr46); and an outlet coupled to the second casing and is further connected to a second end of the fluid passage (Fig. 5B, item 48, Pr46), wherein the fluid enters through the inlet, passes through the fluid passage, and exits through the outlet (Figs. 5A, 5B, Pr46), and the UV radiation from the first plurality of UV-LEDs is directed toward the fluid passage from a first direction and the UV radiation from the second plurality of UV-LEDs is directed toward the fluid passage from a second direction that is opposite from the first direction (Fig. 4 (note directions of UV radiation indicated by arrows from UV radiation sources 52 and 54)).
Wada does not disclose a first reflection plate between the first casing and the fluid passage; a second reflection plate between the second casing and the fluid passage;
Babaie also relates to a UV disinfection device and discloses a first reflection plate between the first casing and the fluid passage (Figs. 2, 7 (note left reflection plate 74 in reflecting chamber 70), Pr42,55) and a second reflection plate between the second casing and the fluid passage (Figs. 2, 7 (note right reflection plate in reflecting chamber 70), Pr42,55).
It would have been obvious to one or ordinary skill in the art prior to the effective filing date of the claimed invention to combine the device disclosed by Wada with the reflection plates disclosed by Babaie because, according to Babaie, such a configuration maximizes the effectiveness of the radiation in the passage (Pr55).
Additional Disclosures Included: Claim 6: a first heat sink coupled to an outer surface of the first casing (Babaie, Fig. 18, item 659, Pr74) and a second heat sink coupled an outer surface of the second casing (Babaie, Fig. 18, item 659, Pr74 (suggesting use of external heat sink)). Claim 13: wherein the fluid passage is a circular spiral fluid passage (Wada, Fig. 5A, item 46, Pr41,46), a triangular spiral fluid passage, a hexagonal spiral fluid passage, a pentagonal spiral fluid passage, an octagonal spiral passage, or a rectangular spiral fluid passage.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wada, et al., U.S. Publication No. 2018/0257952 (“Wada”) in view of Smetona, et al., U.S. Publication No. 2015/0344329 (“Smetona”).
Applicant’s claim is directed towards a device.
Wada discloses the device of Claim 1, wherein the first at least one source of UV radiation comprises one or more UV LEDs (Wada, Abstract, Pr49) and placed approximately 20 millimeter (mm) to about 40 mm apart from each other above the fluid passage (Fig. 4; see also 112(b) analysis and interpretation above).
Wada does not disclose UV LEDs of 10-500 milliwatt (mW) each.
Smetona also relates to a UV disinfection device and discloses UV LEDs of 10-500 milliwatt (mW) (Pr27).
It would have been obvious to one or ordinary skill in the art prior to the effective filing date of the claimed invention to use the various wattages envisioned by Smetona in the UV disinfecting device disclosed by Wada, because, according to Smetona, the susceptibility of microorganisms varies and using a range can deactivate 99 percent of such pathogen (Pr27).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK ORME whose telephone number is (408)918-. The examiner can normally be reached Monday - Thursday, 7:30 am - 6:00 pm Pacific Time.
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/PATRICK ORME/Primary Examiner, Art Unit 1779