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 .
Claim Objections
Claim(s) 1, 3-4, and 8 is/are objected to because of the following informalities:
As to claim 1, the term “from among” in ln. 6 should read “of the”.
As to claim 1, the term “making it possible” should read “configured”.
As to claim 3, the term “over a least” should read “over at least”.
As to claim 3, the term “it” in ln. 2 should “the lamp”.
As to claim 4, the term “a flexible electrical cable (58)” should read “a flexible electrical cable”.
Appropriate correction is required.
As to claim 4, the term “which is fixed said long-length electrode” should read “which is fixed to said long-length electrode”.
As to claim 8, the term “its side wall” should read “a side wall”.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claims 12-13 are directed to a facility. A facility does not fall under one of the four categories (a process, machine, manufacture, or composition of matter) of statutory subject matter. For this reason, the claims are rejected.
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) 1-13 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 1, the term "in particular" in line 1 renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-13 are rejected for depending on claim 1.
As to claim 1, the terms “short length” and “long length” are each a relative term which renders the claim indefinite. The terms “short length” and “long length” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purpose, the terms are interpreted to be at least inclusive of “shorter length than that of the other electrode” and “longer length than that of the other electrode”, respectively.
Claims 2-13 are rejected for depending on claim 1.
As to claim 5, the term “in proximity” is a relative term which renders the claim indefinite. The term “in proximity” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purpose, the term is interpreted as “in contact”.
As to claims 5 and 6, the term “said accommodation housing” renders the claim indefinite because it is not clear whether the term is referring to the “a housing” or a housing space of “said portion” of the term “a housing for accommodating said portion” in ln. 4. For examination purposes, the term is interpreted as being referred to the term “a housing”.
As to claims 5 and 6, the term “said connection portion” renders the claim indefinite because it is not clear whether the term is referring to the “a portion” or any other portion that has been accommodated. For examination purposes, the term is interpreted as being referred to the term “said portion”.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-5, and 7-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over George Csoknyai of US 5,753,996 A (hereinafter, Csoknyai) in view of Frank Lawrence Whittaker of EP 0080820 A2 (hereinafter, Whittaker) and Andrew H. Bushnell of US 5,768,853 A (hereinafter, Bushnell).
As to claim 1, Csoknyai teaches to a lamp to be introduced into an object, in particular for decontaminating said object, comprising:
a tube which extends in a rectilinear direction (Csoknyai, Fig. 1, teaches to an elongated glass tube or envelope 11; envelope 11 reads as a tube), having first and second tube ends (Csoknyai, Fig. 1, teaches to both ends 11A, 11B with electrodes 12A, 12B, disposed in each end of the sealed tube or envelope 11; ends 11A, 11B, read as a first and second tube ends, respectively), capable of diffusing a light flux (Csoknyai, Fig. 1, teaches to a gas discharge lamp, e.g., a fluorescent or UV lamp 10, which is capable of diffusing a light flux);
two electrodes fixed inside the tube, each of the two said electrodes being fixed to one end from among the two said first and second tube ends (Csoknyai, Fig. 1, teaches to both ends 11A, 11B with electrodes 12A, 12B, disposed in each end of the sealed tube or envelope 11; electrodes 12A, 12B, read as two electrodes, each respectively fixed to ends 11A, 11B);
an electrical device (Csoknyai, Fig. 1, teaches to end wires 12C, 12D as an electrical device) for supplying electrodes, voltage delivery means between the two said electrodes (the term “for supplying electrodes, voltage delivery means between the two said electrodes” is an intended use; nonetheless, the end wires 12C, 12D are capable of supplying electrical power to the electrodes).
Csoknyai does not explicitly teach the two electrodes have different lengths.
In an analogous art, Whittaker teaches to the two electrodes have different lengths (Whittaker, pg. 4, Fig. 14, teaches to two electrodes having different lengths, as a wick 18 is added to an electrode shank 2, wherein a particularly convenient form of wick for this purpose is a braid of tungsten wire wrapped around the electrode shank; Whittaker, pg. 10, teaches to having at one end braided tungsten wicks of various lengths (3mm, 5mm and 7mm) on electrodes with conventional overwinds).
Both Csoknyai and Whittaker relate to discharge lamps (Whittaker, pg. 1). Csoknyai does not explicitly teach two electrodes having different lengths. Csoknyai does teach having two electrodes for a discharge lamp. Whittaker teaches two electrodes having different lengths for a discharge lamp.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tube of Csoknyai with the wick of Whittaker for improving electron emission, thereby increasing the luminous efficacy increased.
Csoknyai in view of Whittaker teaches to one of the two electrodes having a short length and being fixed to said first tube end and the other of the electrodes having a long length and being fixed to said second tube end (Csoknyai, Fig. 2, teaches to electrodes 12A and 12B having different lengths, each fixed to first and second tube ends; electrode 12A has a shorter length than that of the other electrode);
at least one radial support element being fitted around said tube length in which said long-length electrode (Csoknyai, Fig. 2, teaches to end cap 19 being fitted around envelope 11; end cap 19 reads as at least one radial support element), said at least one radial support element having at least two peripheral points of contact on said tube, said at least two peripheral points of contact being spaced apparat from one another by a distance equal to at least twice the diameter of said tube (Csoknyai, Fig. 1, teaches to end cap 19 comprising two peripheral points of contact in which the distance between the two peripheral points extend from a point on handle 19B to a point on cup portion 19C that is located closer to the center of envelope 11 than to the electrode 12B; see Fig. 1);
said at least one radial support element includes at least two peripheral seals (Csoknyai, Figs. 1-2, teaches to envelope 11 which is sealed at both ends 11A, 11B) and a radial support outer sleeve (Csoknyai, Figs. 1-2, teaches to end cap 19 as a radial support outer sleeve), said sleeve also making it possible to grip said lamp (Csoknyai, Figs. 1-2, teaches to end cap 19 making it possible to grip lamp 10).
Csoknyai in view of Whittaker does not explicitly teach said two peripheral seals being positioned between said tube and the sleeve.
In an analogous art, Bushnell teaches to said two peripheral seals being positioned between said tube and the sleeve (Bushnell, Fig. 21, teaches to O-rings 2108 and 2110 for accommodating the lamp).
Both Csoknyai in view of Whittaker and Bushnell relate to the deactivation of microorganisms using short-duration, high-intensity pulses of broad-spectrum polychromatic light (Bushnell, col. 1, ln. 13). Csoknyai in view of Whittaker does not explicitly teach O-rings wrapped around an electrode within a tube. Csoknyai does teach an electrode within a tube. Bushnell teaches to O-rings wrapped around an electrode within a tube.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tube of Csoknyai in view of Whittaker with the O-rings of Bushnell for sealing the lamp in a desired position, thereby creating a compressible lock that provides firm fix of an electrode within a tube and resulting in better accommodation of a lamp.
Csoknyai in view of Whittaker and Bushnell teaches to said at least two peripheral seals, corresponding to said at least two peripheral points of contact and being capable of being compressed between said tube and said sleeve (Bushnell, Fig. 21, teaches to O-rings 2108 and 2110 for accommodating the lamp; O-rings are composed of rubber materials and therefore are capable of being compressed from all directions), and in that said sleeve is fitted around said tube (Csoknyai, Figs. 1-2, teaches to end cap 19 that is fitted around envelope 11) and extends:
from the end of said long-length electrode; at least over said length of tube, enclosing said second tube end including said long-length electrode (Csoknyai, Figs. 1-2, teaches to end cap 19 that extends from a point on handle 19B to a point on cup portion 19C that is located closer to the center of envelope 11 than to the electrode 12B; electrode 12B reads as said long-length electrode; end cap 19 encloses the second tube end including electrode 12B).
As to claim 2, Csoknyai in view of Whittaker and Bushnell teaches to the lamp of claim 1, characterized in that said sleeve extends:
beyond said second tube end (Csoknyai, Figs. 1-2, teaches to end cap 19 that extends beyond the second tube end including electrode 12B) in order to form a chamber adjacent to and coaxial with said tube, said chamber at least partially accommodating said electrical device (Csoknyai, Figs. 1-2, teaches that the end cap 19 forms a chamber that is adjacent and coaxial with envelope 11, the chamber at least partially accommodating the end wires 12C, 12D; see Figs. 1-2; space within end caps 16 and 19 reads as a chamber).
As to claim 4, Csoknyai in view of Whittaker and Bushnell teaches to the lamp of claim 2, characterized in that said electrical device includes
a first rigid and conductive element, to which is fixed said long-length electrode (Csoknyai, Fig. 2, teaches to end wires 12C, 12D as an electrical device; the end of the other electrode 12B are electrically connected by conductor wires 17 and 18; any wire read as a first rigid and conductive element, and electrode 12B is read as the long-length electrode),
a second rigid and conductive element (Csoknyai, Fig. 2, teaches to contacts 17A, 18A, or 14 and 15 in Fig. 1, as second rigid and conductive elements), projecting from a free end of the sleeve (Csoknyai, Fig. 2, teaches to contacts 17A, 18A which project from a free end of the envelope 11), said first and second rigid and conductive elements being coaxial (the end wires 12C, 12D and contacts 17A, 18A are coaxial), received in said chamber (the end wires 12C, 12D and contacts 17A, 18A are within end caps 19 and 16; end contacts 17A and 18A, or 14 and 15 in Fig. 1, are interpreted to be partially within the end cap 16 because 17A and 18A intrudes the end cap in Fig. 2) and connected to one another by a flexible electrical cable (58) allowing a radial movement of said first rigid element in said chamber (Csoknyai, Fig. 2, teaches to end wires 12C, 12D as an electrical device; the end of the other electrode 12B are electrically connected by conductor wires 17 and 18; any wire read as a first rigid and conductive element, and electrode 12B is read as the long-length electrode).
As to claim 5, Csoknyai in view of Whittaker and Bushnell teaches to the lamp of claim 1, characterized in that the sleeve includes a portion (Csoknyai, Fig. 2, teaches to end cap 19 including a handle 19B of envelope 11) for manual connection of said lamp to an external device (the term “for manual connection of said lamp to an external device” is an intended use of an apparatus-directed claim; nonetheless, the handle 19B of Csoknyai is capable of a manual connection of lamp 10 to an external device),
the external device including a housing (Bushnell, Fig. 1, teaches to a longitudinal sealing apparatus 112 including a housing) for accommodating said portion (the term “for accommodating said portion” is an intended use directed to an apparatus claim; nonetheless, the longitudinal sealing apparatus 112 of Bushnell is capable of accommodating a portion of flashlamp assembly 200),
the external device including a housing (Bushnell, Fig. 1, teaches to a longitudinal sealing apparatus 112 including a housing) for accommodating said portion (the term “for accommodating said portion” is an intended use directed to an apparatus claim; nonetheless, the longitudinal sealing apparatus 112 of Bushnell is capable of accommodating a portion of flashlamp assembly 200) for manual connection of the sleeve (the term “for manual connection of the sleeve” is an intended use of an apparatus-directed claim; nonetheless, the handle 19B of Csoknyai is capable of a manual connection of end cap 19 to an external device),
said portion for manual connection of the sleeve comprising a radial shoulder projecting towards the outside of the sleeve (Csoknyai, Fig. 2, teaches to end cap 19 including a handle 19B of envelope 11; the handle 19B comprises a radial shoulder projecting towards the outside of the end cap 19), capable of being positioned against a contact surface of said external device in proximity to said accommodation housing (Bushnell, Fig. 1, teaches to the flashlamp assembly 200, capable of being positioned against a contact surface of the longitudinal sealing apparatus 112 in contact to said accommodation housing),
said shoulder receiving a peripheral seal (Csoknyai, Fig. 2, teaches that the handle 19B is integrally formed as a component of the end cap that fits over the sealed end of the lamp tube; the handle 19B is receiving a peripheral seal; fitting over the sealed end of the lamp tube is read as receiving a peripheral seal) capable of being compressed against said contact surface of said external device (Bushnell, Fig. 21, teaches to O-rings 2108 and 2110 for accommodating the lamp; O-rings are composed of rubber materials and therefore are capable of being compressed from all directions), said connection portion of the sleeve also comprising at least one projecting pin capable of being displaced within an internal guide track/thread arranged in said accommodation housing (Bushnell, Fig. 19, teaches that electrodes 1904 are displaced within an internal guide track arranged in socket 1916 of flashlamp holder 1914; Bushnell, Fig. 3, teaches that the containers progressively pass through a plurality of flashlamp treatment stations 308 in which reciprocating "U"-shaped flashlamps (U-lamps), linear flashlamps, bulb-type flashlamps and/or flashlamps of other configurations are introduced above or into the container openings; a portion of lamp that is inserted into a container is interpreted as a projecting pin).
As to claim 7, Csoknyai in view of Whittaker and Bushnell teaches to the lamp of claim 1, characterized in that said short-length electrode is connected to said radial support element by means of at least one electrical conductor (Csoknyai, Fig. 2, teaches that the electrode 12A is connected to conductor wires 17 and 18 for being supplied with electrical power) which runs on the outside of said tube, said radial support element being grounded (Csoknyai, Fig. 2, teaches to conductor wires 17 and 18 which extend exteriorly of the glass tube or envelope 11, to contacts 17A and 18A projecting outwardly of the end cap 16; the wires are being grounded in operation and in contact with circulating liquid in Fig. 5 of Bushnell).
As to claim 8, Csoknyai in view of Whittaker and Bushnell teaches to the lamp of claim 1, characterized in that said short-length electrode is connected to said grounded radial support element by means of at least one mesh of electrical wires which runs on the outside of said tube against its side wall (Csoknyai, Fig. 2, teaches that the electrode 12A is connected to conductor wires 17 and 18 for being supplied with electrical power; Csoknyai, Fig. 2, teaches to conductor wires 17 and 18 which extend exteriorly of the glass tube or envelope 11, to contacts 17A and 18A projecting outwardly of the end cap 16).
As to claim 9, Csoknyai in view of Whittaker and Bushnell teaches to the lamp of claim 7, characterized in that said at least one electrical wire or said mesh is held in position at points on the outer wall of said tube (Csoknyai, Fig. 2, teaches that the conductor wires 17 and 18 are held in position at points on the outer wall of the tube).
As to claim 10, Csoknyai in view of Whittaker and Bushnell teaches to the lamp of claim 1, characterized in that the tube is made from quartz (Bushnell, col. 11, ln. 62, Fig. 6, that a preferred design of the treatment chamber 502 comprising the flashlamp 504 through which product to be treated is conducted through a treatment chamber 552 employing transparent treatment conduit (e.g., a quartz tube) 552).
As to claim 11, Csoknyai in view of Whittaker and Bushnell teaches to the lamp of claim 1, characterized in that the light emitted by the lamp is a decontaminating pulsed light (Bushnell, col. 8, ln. 5, teaches to short-duration, pulses of light; Bushnell, col. 11, ln. 54, teaches that the light intensity and pulses are adjusted for the desired sterilization effects).
As to claim 12, Csoknyai in view of Whittaker and Bushnell teaches to a facility including at least one lamp according to claim 1, said lamp being mounted in an external device, said device being mounted mobile in displacement in a direction parallel to the axis of said lamp (Bushnell, Fig. 3, teaches that the containers progressively pass through a plurality of flashlamp treatment stations 308 in which reciprocating "U"-shaped flashlamps (U-lamps), linear flashlamps, bulb-type flashlamps and/or flashlamps of other configurations are introduced above or into the container openings; each device of flashlamp treatment stations 308 comprises a lamp, and each device is mounted mobile in displacement in a direction parallel to the axis of the lamp).
As to claim 13, Csoknyai in view of Whittaker and Bushnell teaches to a facility including at least one lamp according to claim 1, said lamp being mounted in an external device, said facility including at least one support for a hollow object, said support being mounted mobile in displacement in a direction parallel to the axis of said lamp (Bushnell, Fig. 3, teaches that the containers progressively pass through a plurality of flashlamp treatment stations 308 in which reciprocating "U"-shaped flashlamps (U-lamps), linear flashlamps, bulb-type flashlamps and/or flashlamps of other configurations are introduced above or into the container openings; any one of the container reads as a hollow object; Bushnell, Fig. 3, teaches to at least one support, as the product containers 302 are configured to move along a moving support).
Claim(s) 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over George Csoknyai of US 5,753,996 A (hereinafter, Csoknyai) in view of Frank Lawrence Whittaker of EP 0080820 A2 (hereinafter, Whittaker) and Andrew H. Bushnell of US 5,768,853 A (hereinafter, Bushnell), as applied to claims 1 and 5, and in further view of Armin Beying of US 6,946,782 B1 (hereinafter, Beying).
As to claim 3, Csoknyai in view of Whittaker and Bushnell does not explicitly teach an insulating sheath.
In an analogous art, Beying teaches to teaches to the lamp of claim 1, characterized in that it includes an insulating sheath positioned at least partially between said sleeve and said tube (Beying, Fig. 1, teaches to ceramic cement 42 positioned at least partially between support segment 40 and discharge tube 18), said insulating sheath extending over at least a portion of said tube length including said long-length electrode and extending around said chamber comprising said electrical device (Beying, Fig. 1, teaches to ceramic cement 42 extending over a least a portion of the tube length including the pin electrode 36 and extending around the lamp base 20 comprising the connection wire 30).
Both Csoknyai in view of Whittaker and Bushnell and Beying relate to a rod-shaped discharge lamp (Beying, col. 1, ln. 14). Csoknyai in view of Whittaker and Bushnell does not explicitly teach an insulating sheath positioned at least partially between said sleeve and said tube. Csoknyai in view of Whittaker and Bushnell does teach said sleeve and said tube. Beying teaches an insulating sheath positioned at least partially between said sleeve and said tube for providing sealing and form-fittingly connection, thereby resulting in a firm fix of an electrode within a tube and in better accommodation of a lamp.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the discharge lamp of Csoknyai in view of Whittaker and Bushnell with the ceramic cement of Beying for providing sealing and form-fittingly connection, thereby resulting in a firm fix of an electrode within a tube and in better accommodation of a lamp.
As to claim 6, Csoknyai in view of Whittaker and Bushnell teaches to characterized in that said shoulder (Csoknyai, Fig. 2, teaches to handle 19B as the shoulder).
Csoknyai in view of Whittaker and Bushnell not explicitly teach to has a visual element, capable of coming to face a second visual element borne by said external device when said connection portion of said sleeve is correctly inserted in the accommodation housing of said external device.
In an analogous art, Beying teaches to has a visual element, capable of coming to face a second visual element borne by said external device when said connection portion of said sleeve is correctly inserted in the accommodation housing of said external device (Beying, col. 4, ln. 50, Figs. 1 and 4-5, teaches that a flange 72 formed on the end face of the receiving part 70 for a screw connection to the housing 14; a visual element may be the receiving part 70 and the second visual element may be a screw).
Both Csoknyai in view of Whittaker and Bushnell and Beying relate to a rod-shaped discharge lamp (Beying, col. 1, ln. 14). Csoknyai in view of Whittaker and Bushnell does not explicitly teach a flange with holes for a screw connection for securing two elements. Csoknyai in view of Whittaker and Bushnell does teach a flange or handle 19B in Fig. 2 of Csoknyai. Beying teaches to a flange with holes for a screw connection for securing two elements.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handle of Csoknyai in view of Whittaker and Bushnell with the flange with holes for a screw connection of Beying for securing two elements thereby providing manual connection that allows a compact construction of a simple assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN LEE whose telephone number is (703)756-1254. The examiner can normally be reached M-F, 7:00-16:00.
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, James Lin can be reached at (571) 272-8902. 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.
/JOHN LEE/Examiner, Art Unit 1794
/JAMES LIN/Supervisory Patent Examiner, Art Unit 1794
Prosecution Insights