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 amendments filed 9/14/2023 are acknowledged. Claims 1-15 are pending.
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.
Claims 13-15 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.
With regards to claim 13, “the at least one optical element” in line 5 lacks antecedent basis.
With regards to claim 14, “it” in line 2 adds ambiguity as to which element it refers. For the purpose of examination, it is taken to refer to the UVC radiation.
With regards to claim 15, “its” in line 3 adds ambiguity as to which element its refers. For the purpose of examination, its is taken to refer to the respiratory mask. Antecedent basis for the respiratory mask having a concave inside is also not clearly established.
Dependent claims are rejected for the same reasons as the claims from which they depend.
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dobrinsky (US 2019/0201570).
With regards to claim 13, Dobrinsky teaches a UVC disinfection method comprising: providing a shelf (96) wherein the shelf is placed inside a UVC disinfection chamber (refrigerator or other appliance); positioning an object (fruit 92) to be disinfected on the shelf in conjunction with an optical element (cellular windows 56 can include optical elements) of the shelf; operating the UVC disinfection chamber such that at least one UVC light source (14) emits UVC radiation inside the UVC disinfection chamber; and locally modifying, by the optical element, the UVC radiation relative to said object (the function of an optical element is it modifies light) (para [0092]-[0095]; fig 10).
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.
Claim(s) 1-3, 6, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobrinsky (US 2019/0201570) in view of Newman (US 6,165,526).
With regards to claim 1, Dobrinsky teaches a shelf (96) for a UVC disinfection chamber (can be the shelf in a refrigerator or as a separate accessory)comprising at least one UV-C light source (UV light sources 14) adapted to emit UVC radiation within the UVC disinfection chamber, the shelf comprising a mesh shelf plate (shown as a plate with openings 54); and at least one optical element (cellular windows 56 can include optical elements) wherein each optical element of the at least one optical element is adapted to locally modify the UVC radiation relative to an object supported by the shelf in conjunction with the optical element when the shelf is placed inside the UV disinfection chamber (the optical element is remote from the light source 14 as part of the shelf on which they objects sit) (para [0092]-[0095]; fig 10).
Dobrinsky does not teach that the shelf is a metal mesh instead teaching that it is a UV transparent material. Newman teaches a shelf (food support) in a UV sterilization chamber. The shelf is preferably a metal mesh but can also be other materials including UV transparent materials (abstract; column 3, lines 65-67; fig 4). A person having ordinary skill in the art would have found it obvious to have substituted one known material for a food shelf in a UV sterilizer for another motivated by an expectation of successfully supporting the food (item being sterilized) while allowing UV light to reach all surfaces of the food (item).
With regards to claim 2, the at least one optical element is arranged on the metal mesh shelf plate or fixedly incorporated in a metal mesh structure of the metal mesh shelf plate (the optical element is both as it is on part of the shelf plate (side surface of opening) and also within the openings of the mesh).
With regards to claim 3, Dobrinsky teaches that the optical element can be a lens element including a Fresnel lens and a total internal reflection lens (para [0012]). Both Fresnel lens and TIR lens use light refraction and thus are taken to be refractive optical elements.
With regards to claim 10, the metal mesh shelf plate has a metal mesh structure of wires (thin pieces of metal as seen in Newman fig 4) wherein the metal mesh structure has at least one local area with less wires (a local area in between wires has less wires), and wherein the at least one optical element is arranged at the at least one local area with less wires (the optical element is arranged in the gaps of the mesh which are local areas with no wires and thus less wires than the areas with wires).
With regards to claim 11, the wires forming the mesh themselves can be considered alignment features as they indicate the borders of where optical element is secured (in between). Thus, the combination teaches wherein the metal mesh shelf plate has at least one visual and/or mechanical alignment feature next to the at least one optical element as at least one reference point for correctly positioning the object in conjunction with the optical element.
With regards to claim 12, Dobrinsky teaches a UVC disinfection chamber (fridge or other appliance) with a shelf (96) for (can be the shelf in a refrigerator or as a separate accessory) comprising at least one UV-C light source (UV light sources 14) adapted to emit UVC radiation within the UVC disinfection chamber, at least one shelf wherein the shelf comprising a mesh shelf plate (shown as a plate with openings 54); and at least one optical element (cellular windows 56 can include optical elements) wherein each optical element of the at least one optical element is adapted to locally modify the UVC radiation relative to an object supported by the shelf in conjunction with the optical element when the shelf is placed inside the UV disinfection chamber (the optical element is remote from the light source 14 as part of the shelf on which they objects sit) (para [0092]-[0095]; fig 10).
Dobrinsky does not teach that the shelf is a metal mesh instead teaching that it is a UV transparent material. Newman teaches a shelf (food support) in a UV sterilization chamber. The shelf is preferably a metal mesh but can also be other materials including UV transparent materials (abstract; column 3, lines 65-67; fig 4). A person having ordinary skill in the art would have found it obvious to have substituted one known material for a food shelf in a UV sterilizer for another motivated by an expectation of successfully supporting the food (item being sterilized) while allowing UV light to reach all surfaces of the food (item).
With regards to claim 6, the optical element can be a focusing optical element adapted to increase UV irradiance level on the object supported by the shelf and focusing object (para [0012]; fig 10; the object sits on the shelf including on the window containing the optical element).
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobrinsky (US 2019/0201570) in view of Newman (US 6,165,526) as applied to claim 1 above and further in view of Stibich (US 2020/0390922).
With regards to claim 4, Dobrinsky does not teach that the optical element is a diverging lens. Stibich teaches that a diverging lens can be used to increase the size of an area exposed to UV light by a light source (para [0062]). A person having ordinary skill in the art would have used a diverging lens as the optical element in order to spread the light from the light source over a larger area thus treating a larger area at once.
The combination is taken to results in a horizontally arranged diverging lens (would extend in the horizontal direction when incorporated in the shelf of Dobrinsky).
With regards to claim 5, Dobrinsky does not teach that the optical element is a diverging lens. Stibich teaches that a diverging lens can be used to increase the size of an area exposed to UV light by a light source (para [0062]). A person having ordinary skill in the art would have used a diverging lens as the optical element in order to spread the light from the light source over a larger area thus treating a larger area at once.
The lens would extend at least some in a vertical direction and thus be vertically arranged. Further, additionally and alternatively, the orientation of the entire system is an intended use of the system. When placed on its side the combination results in a vertically arranged diverging lens.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobrinsky (US 2019/0201570) in view of Newman (US 6,165,526) as applied to claim 1 above and further in view of Shur et al. (US 2014/0060095).
With regards to claim 7, Dobrinsky does not teach the at least one optical element comprises a box on the metal mesh shelf plate as claimed. Shur et al. teaches that items can be placed in a UV transparent box (66) to form a storage compartment (254) (para [0048]; fig 6). A person having ordinary skill in the art would have found it obvious to have placed the items in a UV transparent box in order to keep the items contained as taught by Shur et al.
The combination results in wherein the at least one optical element comprises a box on the metal mesh shelf plate, wherein the box is adapted to contain said object, and wherein the box comprises at least one UV- C transparent side.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobrinsky (US 2019/0201570) in view of Newman (US 6,165,526) and Shur et al. (US 2014/0060095) as applied to claim 7 above and further in view of Chen (US 2016/0083271).
With regards to claim 8, the combination does not teach wherein the at least one side has an optical function beyond UVC transmission. Chen teaches that a transparent wall in in a container can have a lens to improve the irradiation of the target inside (concave to disperse or convex to focus as needed/desired) (para [0034]). A person having ordinary skill in the art would have found it obvious to have used a lens in a transmissive wall of the container in order to improve irradiation as desired.
The lens has an optical function beyond UV transmission.
With regards to claim 9, the combination does not teach wherein a side has an has enhanced UVC transmission. Chen teaches that a transparent wall in in a container can have a lens to improve the irradiation of the target inside (concave to disperse or convex to focus as needed/desired) (para [0034]). A person having ordinary skill in the art would have found it obvious to have used a lens in a transmissive wall of the container in order to improve irradiation of light as desired.
The lens has improved transmission compared to other sides as the transmission is focused or dispersed as desired.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobrinsky (US 2019/0201570) as applied to claim 13 above and further in view of Stibich (US 2020/0390922).
With regards to claim 14, Dobrinsky does not teach that the optical element is a diverging lens. Stibich teaches that a diverging lens can be used to increase the size of an area exposed to UV light by a light source (para [0062]). A person having ordinary skill in the art would have used a diverging lens as the optical element in order to spread the light from the light source over a larger area thus treating a larger area at once.
The diverging lens results in diverging at least some of the UVC radiation such that it homogenously accesses a concave or recessed part or portion of the object (such as the dimples on the strawberry; fig 10).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobrinsky (US 2019/0201570) as applied to claim 13 above and further in view of Stibich (US 2020/0390922) and Crosby et al. (US 2020/0261608).
With regards to claim 15, Dobrinsky does not teach that the optical element is a diverging lens. Stibich teaches that a diverging lens can be used to increase the size of an area exposed to UV light by a light source (para [0062]). A person having ordinary skill in the art would have used a diverging lens as the optical element in order to spread the light from the light source over a larger area thus treating a larger area at once.
The combination is taken to results in a horizontally arranged diverging lens (would extend in the horizontal direction when incorporated in the shelf of Dobrinsky).
The objects on the shelf are positions over the substantially horizontal diverging lens (part of the shelf at the windows).
The combination does not teach wherein the object is a respiratory mask positioned over the substantially horizontally arranged diverging lens with its concave inside facing the substantially horizontally arranged diverging lens.
Crosby et al. teaches using UVC light to sterilize personal protective equipment including masks (para [0006]). A person having ordinary skill in the art would have found it obvious to have used the UV sterilizing system and shelf to sterilize respiratory masks including those with concave insides motivated by an expectation of successfully sterilizing masks in need of sterilization.
As to whether the mask is concave side down or up, a person having ordinary skill in the art would have found it obvious to have selected between the finite options with the predictable result of sterilizing the desired surfaces of the mask.
Conclusion
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799