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 .
Response to Amendment
This is an office action in response to Applicant's arguments and remarks filed on 3/12/2026. Claims 1-15 are pending in the application and are being examined herein.
Status of Objections and Rejections
All rejections from the previous office action are withdrawn in view of Applicant's amendment.
New grounds of rejection under 35 U.S.C. 103 are necessitated by the amendments.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2 and 5-14 are rejected under 35 U.S.C. 103 as being unpatentable over Konagayoshi (JP 2017058780 A) (cited in Applicant’s IDS dated 07/20/2023) in view of Clark et al. (US 6566659 B1) and Lem et al. (US 20030116747 A1).
Regarding claim 1, Konagayoshi teaches a merchandiser (Fig. 5, vending machine 110) with a number of packages (Fig. 5, beverages 60) therein, comprising:
a product area (Fig. 5, storage unit 24); the product area comprising at least one of a plurality of shelves or a plurality of columns with the number of packages therein (storage racks 20 understood to be column shaped shelves); and
a package sanitation system (Fig. 5, irradiation device 30); the package sanitation system comprising one or more ultraviolet lights positioned within the product area so as to sanitize the number of packages (irradiation devices 30a and 30b sterilizes each beverage can 60, page 2, para 5, page 5, para 2-3).
Konagayoshi does not teach wherein the sanitation system comprises one or more ultraviolet pulsed lights.
One having ordinary skill in the art would contemplate optimal UV wavelengths and transmission methods to effectively decontaminate the packages, motivating one to turn towards Clark. Clark teaches a pulsed UV light disinfection system for treating packages (col. 5, lns. 54-65) wherein the system comprises flashlamps (Fig. 13, 312) configured to emit pulses of ultraviolet light (col. 25, lns. 11-22) in a polychromatic light spectrum that is effective for deactivating microorganisms (col. 5, lns. 54-65).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to substitute the ultraviolet lights as taught by Konagayoshi with the pulsed UV lights as taught by Clark because the pulsed UV lights are capable of deactivating organisms within packages (col. 5, lns. 54-65) and this involves the substitution of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(B).
Modified Kongayoshi does not teach wherein the number of packages comprise a plastic film embedded dye that undergoes a color change when exposed to the one or more ultraviolet pulsed lights.
One having ordinary skill in the art would be concerned with verifying sterilization of the packages motivating one to turn towards Lem. Lem teaches colored markers (understood to be a film with embedded dyes [0001], [0025] that are provided on plastic food packages wherein the markers are configured to change colors in response to sterilizing radiation to confirm sterilization has occurred [0017]. Lem further teaches wherein the marker may be responsive to ultraviolet radiation [0119].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the packages as taught by Modified Kongayoshi to include the dye embedded plastic films as taught by Lem because Lem teaches the films to change color in response to sterilizing radiation to confirms sterilization [0017] and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A) and 2143(I)(G).
Regarding claim 2, Modified Konagayoshi teaches the merchandiser of claim 1, wherein the merchandiser comprises a cooler (Konagayoshi, Fig. 5, cooling unit 42 configured to cool beverages stored in storages racks 20 and storage unit 24 = entire storage unit understood to be cooler, page 2, para 4-6).
Regarding claim 5, Modified Konagayoshi teaches the merchandiser of claim 2, wherein the cooler comprises a plurality of shelves therein (Konagayoshi, Fig. 5, cooled storage unit 24 has plurality of cylindrical shelves 20).
Regarding claim 6, Modified Konagayoshi teaches the merchandiser of claim 5, wherein the plurality of shelves comprises a plurality of gravity fed shelves extending at an angle from a top entrance to a bottom exit (Konagayoshi, Fig. 5, beverages 60 are stacked vertically in cylindrical shelves 20 which extend at a vertical angle; beverages are also supplied by charge port 22 to a bottom exit 40= understood to be downwardly fed by gravity, page 2, para 4).
Regarding claim 7, Modified Konagayoshi teaches the merchandiser of claim 6, wherein a pair of the one or more ultraviolet lights is positioned about the bottom exit (Konagayoshi, Fig. 5, irradiation devices 30a and 30b configured to irradiate beverages 60 and are positioned near bottom exit 40).
Regarding claim 8, Modified Konagayoshi teaches the merchandiser of claim 7, wherein the bottom exit comprises one or more deflectors positioned about each of the one or more ultraviolet lights (Konagayoshi, Fig. 2, irradiation device 30 includes reflectors 36 positioned around an LED 32 to irradiate a larger area of the beverages 60, page 3, para 1-4).
Regarding claim 9, Modified Konagayoshi teaches the merchandiser of claim 1, wherein the merchandiser comprises a vending machine (Konagayoshi, Fig. 1, vending machine 10, page 2, para 2).
Regarding claim 10, Modified Konagayoshi teaches the merchandiser of claim 9, wherein the one or more pulsed ultraviolet lights are positioned about the plurality of columns (Konagayoshi, Fig. 5, irradiation devices 30a and 30b include ultraviolet lights configured to irradiate beverages 60 and are positioned around columns shaped storage racks 20).
Regarding claim 11, Modified Konagayoshi teaches the merchandiser of claim 10, wherein each of the plurality of columns comprises and upper stack area and a lower pre-vend area (Konagayoshi, Fig. 5, storage racks 20 understood to be column shaped shelves with an upper stack area proximal to charge port 22 and a lower pre-vend area proximal to exit 40).
Regarding claim 12, Modified Konagayoshi teaches the merchandiser of claim 11, wherein the one or more pulsed ultraviolet lights are positioned about the upper stack area (Konagayoshi, irradiation devices 30a and 30b are positioned about upper stack area).
Regarding claim 13, Modified Konagayoshi teaches the merchandiser of claim 11, wherein the one or more pulsed ultraviolet lights are positioned about the lower pre-vend area (Konagayoshi, Fig. 5, irradiation devices 30a and 30b configured to irradiate beverages 60 and are positioned near bottom exit 40).
Regarding claim 14, Modified Konagayoshi teaches the merchandiser of claim 1, wherein the one or more pulsed ultraviolet lights are maneuverable within the product area (Konagayoshi, Fig. 4, another embodiment teaches irradiation device 130 to include reflectors 136 positioned around an LED 132 to allow the direction of UV light to be changed = UV lights understood to be maneuverable, page 4, para 1-5).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Mattos Vega (US 20210402030 A1) in view of Clark et al. (US 6566659 B) and Lem et al. (US 20030116747 A1).
Regarding claim 15, Mattos Vega teaches a method of sanitizing packages (abstract) within a merchandiser (Fig. 2, microcontroller controls sterilization method of vending machine a), comprising:
turning on an ultraviolet light within the merchandiser for a predetermined amount of time ([0046]);
determining when a door of the merchandiser has been opened (sensor 11 in communication with microcontroller 2 to determine if a door to vending machine is open [0047]); and
again turning on the ultraviolet light for the predetermined amount of time upon the determination that the door of the merchandiser has been opened (if the door is opened and no presence is detected, the first disinfection cycle is reinstated [0031-0033], [0049]).
Mattos Vega does not teach wherein the sanitation system comprises one or more ultraviolet pulsed lights.
One having ordinary skill in the art would contemplate optimal UV wavelengths and transmission methods to effectively decontaminate the packages, motivating one to turn towards Clark. Clark teaches a pulsed UV light disinfection system for treating packages (col. 5, lns. 54-65) wherein the system comprises flashlamps (Fig. 13, 312) configured to emit pulses of ultraviolet light (col. 25, lns. 11-22) in a polychromatic light spectrum that is effective for deactivating microorganisms (col. 5, lns. 54-65).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to substitute the ultraviolet lights as taught by Mattos Vega with the pulsed UV lights as taught by Clark because the pulsed UV lights are capable of deactivating organisms within packages (col. 5, lns. 54-65) and this involves the substitution of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(B).
Modified Mattos Vega does not teach wherein the number of packages comprise a plastic film embedded dye that undergoes a color change when exposed to the one or more ultraviolet pulsed lights.
One having ordinary skill in the art would be concerned with verifying sterilization of the packages motivating one to turn towards Lem. Lem teaches colored markers (understood to be a film with embedded dyes [0001], [0025] that are provided on plastic food packages wherein the markers are configured to change colors in response to sterilizing radiation to confirm sterilization has occurred [0017]. Lem further teaches wherein the marker may be responsive to ultraviolet radiation [0119].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the packages as taught by Modified Mattos Vega to include the dye embedded plastic films as taught by Lem because Lem teaches the films to change color in response to sterilizing radiation to confirms sterilization [0017] and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A) and 2143(I)(G).
Claim(s) 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Konagayoshi (JP 2017058780 A) (cited in Applicant’s IDS dated 07/20/2023) in view of Clark et al. (US 6566659 B) and Lem et al. (US 20030116747 A1), as applied to claim 2 above, further in view of Joon (KR 20120140413) (cited in Applicant’s IDS dated 07/20/2023).
Regarding claim 3, Modified Konagayoshi teaches the merchandiser of claim 2, but does not teach wherein the package sanitation system comprises an air duct and a recirculation fan positioned within the product area of the cooler.
Joon teaches a food display case sterilization system configured to decontaminate the food and maintain a cold environment (page 2, para 2-4). The system (Fig. 4, 1) comprises a storage space (2) and an air duct (20) configured to circulate cold air throughout the storage space with a cooling system (14) and a circulation fan (16), wherein the fan distributes the cold air (page 3, para 1-6). Joon further teaches another embodiment of the food display case wherein the duct (Fig 6, 20) has a discharge port (Fig. 6, 22) for expelling the cooled air into the storage space, wherein an ultraviolet light (100) is positioned proximal to the duct to sterilize the cool, discharged air and prevent contamination inside the case (page 7, para 1 and 7).
Joon is considered analogous to the claimed invention since both are drawn to sterilization systems. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the merchandiser as taught by Modified Konagayoshi with the air duct, cooling system, and ultraviolet lights as taught by Joon since Joon teaches these elements to ensure the long term storage of items contained in a display case and prevent contamination (page 7, para 7-8) and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A) and 2143(I)(G).
Regarding claim 4, Modified Konagayoshi teaches the merchandiser of claim 3, wherein the one or more ultraviolet lights are positioned about the air duct to sanitize an airflow therethrough (Joon, Fig. 6, ultraviolet light 100 positioned about air duct 20 to sterilize air therethrough).
Response to Arguments
In the arguments presented on pages 1-2 of the amendment, filed 3/12/2026, the Applicant argues that Konagayoshi is silent on the use of a plastic film with an embedded dye that undergoes a color change when exposed to the one or more ultraviolet pulsed lights with respect to the rejection(s) of claim(s) 1, 2, and 5-14 under 35 U.S.C. 102.
This argument has been fully considered and is persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Kongayoshi in view of Clark et al. (US 6566659 B1) and Lem et al. (US 20030116747 A1). See rejection above. Konagayoshi remains relied upon as the primary reference as it still teaches a merchandiser.
In the arguments presented on page 2 of the amendment, filed 3/12/2026, the Applicant argues that Mattos Vega is silent on the use of a plastic film with an embedded dye that undergoes a color change when exposed to the one or more ultraviolet pulsed lights with respect to the rejection(s) of claim(s) 15 under 35 U.S.C. 102.
This argument has been fully considered and is persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Mattos Vega in view of Clark et al. (US 6566659 B1) and Lem et al. (US 20030116747 A1). See rejection above. Mattos Vega remains relied upon as the primary reference as it still teaches a method of sanitizing packages.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3743846 A teaches a plastic radiation indicator wherein the plastic changes color in response to UV light
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nebyate Seged whose telephone number is (703)756-4611. The examiner can normally be reached M-F 8-5:00 pm (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/N.S.S./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
Prosecution Insights