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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Claim amendments filed 16 January 2026 are acknowledged. Claims 17-34 are pending with claims 1-17 being cancelled.
Applicant’s amendments to the claims are sufficient to overcome each and every 35 U.S.C. 112(b) rejections previously presented in the Non-Final Office Action mailed 16 October 2025.
Response to Arguments
Applicant's arguments filed 16 January 2026 have been fully considered but they are not persuasive.
Applicant argues that Boyle does not teach a mechanism for the relative displacement of the decontamination member and the holder in relation of one to the holder. However, based on the language of claim 17, the claim does not require the movement of the decontamination member specifically. The current claim limitations only require a change in position between the relative positions of the decontamination member and the holder. As Boyle teaches an adjustable riser, there is a change in the relative position of the holder and the decontamination member in relation to each other to position a hollow object so that the decontamination member is inserted in the hollow object (paragraphs [0070] and [0062]). Additionally, the applicant argues that Boyle does not teach an open and closed configuration. However, as explained in the Non-Final Office Action mailed 16 October 2025, Boyle teaches a top section that can pivot between an open and closed position (paragraph [0030]). To further explain why this correlates to open and decontamination positions Boyle teaches where the activation of the decontamination member is dependent on the open or closed position of the top cover (paragraphs [0055]-[0056]).
In response to applicant's argument that the teachings of Quetel, Frisk, or Krueger could not be adapted to the teachings of Boyle, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Following the above logic, the rejections of claims 17-33 are maintained.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 17-21 and 23-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boyle (US 20120261590 A1).
Regarding claim 17, Boyle teaches a device for decontaminating a hollow object defining an internal cavity (abstract), including: a decontamination unit (UV bulb, abstract), the decontamination unit including a holder intended to receive and position the hollow object (features to hold the bottle, abstract), a decontamination member intended to be introduced into the internal cavity (UV bulb disposed within the inside of the bottle, abstract), and mechanism for the relative displacement of the decontamination member relative to the holder able to displace the decontamination member and the holder relatively the one in relation to the other between a rest position intended for positioning the hollow object in the holder and a decontamination position, in which the decontamination member is intended to be inserted into the internal cavity of the hollow object received in the holder (bottle inserted into proper track to receive the UV bulb within the interior of the bottle, paragraph [0070], and support member in the form of an adjustable riser, paragraph [0062]); a control unit able to active the decontamination member in the decontamination position (controller provides control over the activation of the UV bulb, paragraph [0011]); wherein a protective enclosure defined an inner space containing at least a portion of the decontamination member and the holder at least in the decontamination position (first and second part define an interior with UV bulb, paragraph [0010], holder in interior, paragraph [0011]), the enclosure defining an access passage to the inner space and at least one closure wall for obturating the access passage (top section is a moveable member in the form of a cover, paragraph [0029], and in such a way that the energy emitted is fully contained, paragraph [0032]), the closure wall and the access passage being movable, the one relative to the other, between an open configuration of the access passage which the closure wall is able to occupy the rest position of the decontamination member and a closed configuration of the access passage which the closure wall occupies in the decontamination position of the decontamination member (top section is pivotally attached to the bottom section and can pivot between a fully open and fully closed position, paragraph [0030]).
Regarding claim 18, Boyle teaches wherein the relative displacement of the decontamination member relative to the access passage from the rest position to the decontamination position causes relative displacement of the closure wall relative to the holder from the open configuration to the closed configuration and/or wherein the relative displacement of the closure wall relative to the access passage from the open configuration to the closed configuration causes the relative displacement of the decontamination member relative to the holder from the rest position to the decontamination position (housing moves between open position for receiving bottle and a closed position in which the bottle is sealingly contained therein and the apparatus is ready to use, paragraph [0029], and UV bulb is received within the interior of the bottle, paragraph [0042]).
Regarding claim 19, Boyle teaches wherein the relative displacement of the decontamination member relative to the holder and the relative displacement of the closure wall relative to the access passage is coupled the one to the other (housing moves to closed position where bottle is sealing contained and apparatus is ready for use, paragraph [0029], and riser adjustably supports bottle to be around the UV bulb, paragraph [0064]).
Regarding claim 20, Boyle teaches wherein, in the rest position, the closure wall is displaceable relative to the access passage between the open configuration and the closed configuration (top section moves relative to the bottom section, paragraph [0029]).
Regarding claim 21, Boyle teaches wherein the closure wall is held at rest in the closed configuration (first and second section can be locked to each other in a closed position, paragraph [0037]).
Regarding claim 23, Boyle teaches including a first sensor for detecting the placement of the hollow object in the holder, and/or a second sensor for detecting the closed configuration of the closure wall, and/or a third sensor for detecting the decontamination position, the control unit being able to active the decontamination member when the first sensor detects that the object is placed in the holder, and/or when the second sensor detects that the closure wall is in the closed configuration, and/or when the third sensor detects that the decontamination member is in the decontamination position (sensors are incorporated into the latch assembly and indicate that the two sections are in the closed position, paragraph [0055], and controller automatically operates the UV bulb when top and bottom section are sealed, paragraph [0056]).
Regarding claim 24, Boyle teaches wherein the closure wall is a panel able to be displaced in translation or rotation relative to the access passage or wherein the enclosure comprises a movable drawer defining the access passage, the drawer being movable relative to the closure wall (top section is pivotally attached to the bottom section as by a hinge, paragraph [0030]).
Regarding claim 25, Boyle teaches wherein the holder includes a region for guiding and/or receiving at least a portion of the hollow object able to fix the position and alignment of the hollow object in the holder, the guiding and/or receiving region being a surface for guiding a neck of the hollow object by gravity or an indentation for receiving the hollow object, the shape of which is complementary to that of the hollow object and which is able to fix the position and the alignment of the hollow object in the holder (Figure 11 neck support member “500” consisting of multiple concentric flexible fingers “510” with flange “515” to engage neck portion and locks neck portion in place around UV bulb “200”).
Regarding claim 26, Boyle teaches wherein the holder includes a flap for holding the hollow object in the guiding and/or receiving region, displaceable between a position for placing the hollow object in the guiding and/or receiving area and a position for holding the hollow object in the guiding and/or receiving area (riser pivots around an axle and riser is spring biased to extend through the bottom protrusion to hold the container in place after insertion, paragraphs [0063]-[0064]).
Regarding claim 27, Boyle teaches wherein the decontamination member comprises a light source (ultraviolet light sterilization, abstract).
Regarding claim 28, Boyle teaches wherein the holder is arranged above the decontamination member in the rest position (flexible fingers are arranged around UV lamp, paragraph [0066]).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 22 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Boyle in view of Quetel (WO 2013164387 A1).
Regarding claim 22, Boyle teaches all aspects of the current invention as described above except wherein the control unit is able to control the relative displacement of the decontamination member relative to the holder between the rest position and the decontamination position and/or is able to control the relative displacement of the closure wall relative to the access passage from the open configuration to the closed configuration. However, Quetel teaches wherein the control unit is able to control the relative displacement of the decontamination member relative to the holder between the rest position and the decontamination position (drive means being controlled to move irradiation means between a rest position and a working position, paragraphs [0037]-[0038]) and/or is able to control the relative displacement of the closure wall relative to the access passage from the open configuration to the closed configuration (moveable mold carrier being controlled to move between open and closed positions, paragraph [0098]).
Boyle and Quetel are considered analogous to the current invention because all are in the field of ultraviolet sanitizing devices for containers. Therefore, it would have been obvious to one of ordinary skill in the art combine the decontamination device taught by Boyle with the controlled movement of the components taught by Quetel because Quetel teaches such autonomous movement allows for manipulation of the hollow object without operator intervention (paragraph [0236]).
Regarding claim 34, Boyle teaches a device for decontaminating a hollow object defining an internal cavity (abstract), including: a decontamination unit (UV bulb, abstract), the decontamination unit including a holder intended to receive and position the hollow object (features to hold the bottle, abstract), a decontamination member intended to be introduced into the internal cavity (UV bulb disposed within the inside of the bottle, abstract), and mechanism for the relative displacement of the decontamination member relative to the holder able to displace the decontamination member and the holder relatively the one in relation to the other between a rest position intended for positioning the hollow object in the holder and a decontamination position, in which the decontamination member is intended to be inserted into the internal cavity of the hollow object received in the holder (bottle inserted into proper track to receive the UV bulb within the interior of the bottle, paragraph [0070], and support member in the form of an adjustable riser, paragraph [0062]); a control unit able to active the decontamination member in the decontamination position (controller provides control over the activation of the UV bulb, paragraph [0011]); wherein a protective enclosure defined an inner space containing at least a portion of the decontamination member and the holder at least in the decontamination position (first and second part define an interior with UV bulb, paragraph [0010], holder in interior, paragraph [0011]), the enclosure defining an access passage to the inner space and at least one closure wall for obturating the access passage (top section is a moveable member in the form of a cover, paragraph [0029], and in such a way that the energy emitted is fully contained, paragraph [0032]), the closure wall and the access passage being movable, the one relative to the other, between an open configuration of the access passage which the closure wall is able to occupy the rest position of the decontamination member and a closed configuration of the access passage which the closure wall occupies in the decontamination position of the decontamination member (top section is pivotally attached to the bottom section and can pivot between a fully open and fully closed position, paragraph [0030]), but does not teach wherein the control unit is able to control the relative displacement of the decontamination member relative to the holder between the rest position and the decontamination position and/or is able to control the relative displacement of the closure wall relative to the access passage from the open configuration to the closed configuration. However, Quetel teaches wherein the control unit is able to control the relative displacement of the decontamination member relative to the holder between the rest position and the decontamination position (drive means being controlled to move irradiation means between a rest position and a working position, paragraphs [0037]-[0038]) and/or is able to control the relative displacement of the closure wall relative to the access passage from the open configuration to the closed configuration (moveable mold carrier being controlled to move between open and closed positions, paragraph [0098]).
Boyle and Quetel are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art combine the decontamination device taught by Boyle with the controlled movement of the components taught by Quetel because Quetel teaches such autonomous movement allows for manipulation of the hollow object without operator intervention (paragraph [0236]).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Boyle in view of Frisk (US 5928607 A).
Regarding claim 29, Boyle teaches a decontamination device according to claim 17 (see rejection of claim 17), but does not teach a machine for dispensing bulk product into a hollow object defining an internal cavity, the machine comprising at least one product reservoir, at least one dispensing nozzle intended to be placed facing the internal cavity of the hollow object and optionally an assembly for measuring the quantity of the product introduced into the internal cavity of the hollow object. However, Frisk teaches a machine for dispensing bulk product into a hollow object defining an internal cavity (aseptic filling of a container with a flowable material, column 1 lines 37-38) the machine comprising at least one product reservoir (product tank, column 5 lines 15-16) at least one dispensing nozzle intended to be placed facing the internal cavity of the hollow object (fill pipe for delivering desired contents, column 5 lines 23-24) and optionally an assembly for measuring the quantity of the product introduced into the internal cavity of the hollow object.
Boyle and Frisk are considered analogous to the current invention because all are in the field of ultraviolet sanitizing devices for containers. Therefore, it would have been obvious to one of ordinary skill in the art to combine the sanitizing device taught by Boyle with the filling machine taught by Frisk because Frisk teaches a combination filling and sanitizing device will eliminate the problem of contamination between the two steps (column 1 lines 30-35).
Claims 30 and 32-22 are rejected under 35 U.S.C. 103 as being unpatentable over Boyle.
Regarding claim 30, Boyle teaches a method for decontaminating a hollow object presenting an internal cavity (abstract) comprising the following steps: providing a decontamination device according to claim 17 (see rejection for claim 17); implementing a decontamination sequences comprising the following steps (method for sterilizing containers, paragraph [0002]): the decontamination member being in its rest position and the closure wall being in its open configuration, introducing a hollow object presenting an internal cavity into the holder (container is inserted into the housing and inserted into the proper holder track while top section is open, paragraph [0070]); transition of the closure wall to the closed configuration and transition of the decontamination member to the decontamination position, the decontamination member being inserted into the internal cavity (UV bulb disposed within interior of the bottle after riser is adjusted, paragraph [0071], and housing moves between open position for receiving bottle and a closed position in which the bottle is sealingly contained therein and the apparatus is ready to use, paragraph [0029]); activation of the decontamination member by the control unit (controller provides control over the activation of the UV bulb, paragraph [0011]); and at the end of the decontamination sequence: transition of the closure wall into the open configuration (housing permitted to move to an open position for receiving the bottle, paragraph [0029]). While Boyle does not explicitly teach transition of the decontamination member into the rest position, the decontamination member exiting the internal cavity, and removing the hollow object from the holder, Boyle teaches that once the bottle is sanitized it may be immediately reused in some way (paragraph [0027]). Therefore, it would have been obvious to one of ordinary skill in the art to remove the container from the apparatus one the decontamination sequence is finished to fulfill the intended use of the decontaminated object.
Regarding claim 32, Boyle teaches all aspects of the current invention including, wherein after the removal of the hollow object from the holder, the controller unit controls the transition of the closure wall into the closed configuration and/or the transition of the displacement member from the rest position to the decontamination position without activating the decontamination member (Figure 2 device “100” in fully closed position and ready for decontamination, but switch “192” must be actuated for light to turn on).
Regarding claim 33, Boyle teaches all aspects of the current invention including further including the following steps: providing a new hollow object to be decontaminated (treat multiple sized bottles, paragraph [0009]); transition of the decontamination member to its rest position, and/or the closure wall to its open position (move the housing to an open position for receiving the bottle, paragraph [0029]); implementation of a new decontamination sequence comprising the following steps: introducing the new hollow object presenting an internal cavity into the holder (container is inserted into the housing and inserted into the proper holder track while top section is open, paragraph [0070]); transition of the closure wall into the closed configuration and transition of the decontamination member into its decontamination position, the decontamination member being inserted into the internal cavity of the new hollow object (UV bulb disposed within interior of the bottle after riser is adjusted, paragraph [0071], and housing moves between open position for receiving bottle and a closed position in which the bottle is sealingly contained therein and the apparatus is ready to use, paragraph [0029]); and activation of the decontamination member by the control unit (controller provides control over the activation of the UV bulb, paragraph [0011]). While Boyle does not explicitly teach the introduction of a new hollow object and the repeat of the sterilization steps from claim 30 with said new hollow object, Boyle teaches the reuse of a bottle after sterilization several times (paragraph [0078]) and the applicability of the method with different size bottles (abstract). Therefore, it would have been obvious to one of ordinary skill in the art to repeat the method with more than one bottle to achieve the desired sterilization.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Boyle in view of Krueger (US 20100054987 A1).
Regarding claim 31, Boyle teaches all aspects of the current invention as described above expect wherein activation of the decontamination member occurs after the transition of the closure wall into the closed configuration and before the decontamination member reaches its decontamination position. However, Krueger teaches wherein activation of the decontamination member occurs after the transition of the closure wall into the closed configuration and before the decontamination member reaches its decontamination position (radiation is emitted during the movement and the rest phases, paragraph [0053]).
Boyle and Krueger are considered analogous to the current invention because all are in the field of ultraviolet sanitizing devices for containers. Therefore, it would have been obvious to one of ordinary skill in the art to combine the decontamination device taught by Boyle with the movement of the activated decontamination member taught by Krueger because Krueger teaches such movement allows for an adaptation of the dose distribution throughout the travel path (paragraph [0051]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/K.R.S./Examiner, Art Unit 1799
/DONALD R SPAMER/Primary Examiner, Art Unit 1799