DETAILED ACTION
This is the first action in response to US Patent Application No. 18/285,247, filed 30 September, 2023, which is the National Stage Entry of International Application PCT/EP2022/058211, filed 29 March, 2022, and has priority to European Application EP 21166689.6, filed 01 April, 2021.
The preliminary amendments filed 30 September, 2023, which remove reference numbers from the claim, are acknowledged. All claims 1-15 are pending and have been fully considered.
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
Claims 10 and 10 are objected to for the informalities indicated below.
Claim 1 recites “the air flow being directed in a first direction to a second direction different from said first direction”. This limitation is not entirely grammatically clear, but seems to indicate that the airflow moving through the housing first moves in the first direction and then has its course changed so that it moves in the second direction. This limitation does not appear to correspond with the embodiments of the invention set forth in the written description and drawings; accordingly, the limitation should be adjusted to read “wherein the air flow is and away from a second direction different from said first direction”. This corresponds with the language of the instant specification at page 2, lines 7-8, and page 8, lines 26-27, and further corresponds with the path of the airflow (20) in each of Figures 1-3; particularly, Figs. 1-3 show the airflow (20) entering the housing (10) inlet (12) in a direction opposite to the second direction (D2) and the airflow (20) exiting the outlet (11) of the housing (10) moving in a direction aligned with the first direction (D1). The claims have been interpreted in accordance with the above suggested adjustment. Alternative adjustments which clarify the path of the airflow through the housing may be appropriate.
Claim 10 recites “a third direction” at line 2, but claim 10 depends from claim 8 which already recites a “third direction” (line 4). To clarify that the recitations of “third direction” between the claims refer to the same direction, the recitation in claim 10 should be adjusted to read “the third direction”. Also, claim 8 should be adjusted as indicated in the rejection under 35 U.S.C. 112(b) below. Furthermore, claim 10 indicates a second air flow
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second air flow provided in a third direction” of claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. It is noted that the specification mentions a second air inlet and a second air outlet which are aligned with the 3rd direction (page 6, lines 8-10) which would seemingly facilitate the second air flow of claim 10, but the drawings do not depict such features.
If the feature is not cancelled from the claims, 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.
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 7-8, 13, and 15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 7, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 7 recites the broad recitation “FWHM1<FWHM2” (line 8), and the claim also recites “preferably FWHM1<0.5* FWHM2, more preferably FWHM1<0.3* FWHM2, and most preferably FWHM1< 0.1*FWHM2” which are narrower statements of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 8 recites the limitation “the third direction” at line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim. It is suggested the limitation be adjusted to read “a third direction”.
Claim 13 recites the limitation "the third UV light source" at line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim. It is suggested that limitation be adjusted to read: “,a third UV light source”.
Claim 15 recites the limitation "the white light" at line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim. It is suggested that claim 15 be adjusted to depend form claim 14.
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.
Claims 1-6, and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lan et al. (US 20220111084 A1, filed 11 November, 2020) in view of McEllen (US 2009/0004046 A1) and Rantala (US 20170014538 A1).
Regarding claim 1, Lan teaches a UV germicidal light panel with a housing defined by a light body (1) and a fixedly attached lighting module (9) (bottom of light body 1 connects to lighting module 9 in a fixed way—[0071]), wherein a fan (8) draws air through the housing from an inlet (gap between lighting module 9 and light body 1) and expels the air at an outlet (the four gratings 2) (fan 8 blows air from fan air outlet 81 to the four gratings 2—[0021], [0069]; lighting module 9 secures to light body 1 via a bolt structure to form a preset space between lighting module 9 and light body 1, so that air at the bottom of light body 1 flows into fan 8 via air inlet channel 81—[0071]; [0074] in combination with Fig. 7 show how path of air flow from air inlet region at height L to air outlet 81 at height H). The four sides of the light body (1) are equipped with gratings (2) which each function to collimate the emissions of corresponding UV-C light sources so that ultraviolet radiation is emitted from the light body only in directions substantially parallel to a ceiling to which the light body is attached (light body 1 is in a square shape with a grating 2 at each side thereof and a UV germicidal module 3 pointing toward a corresponding grating 2—Figs. 1-2, [0044]; UV germicidal modules 3 emit UV rays through grating 2 to irradiate the surrounding environment…the UV germicidal panel light is hung or directly installed onto a ceiling plate—[0045]; UV rays horizontally irradiate into the external environment of light body through light emitting grooves 20 of gratings 2—[0048]). Fixed rods (70) serve as mounting elements for fastening the light onto a ceiling ([0066]). Lan additionally teaches the lighting module (9) including an indoor light source for illuminating the environment ([0071]), the indoor light understood to being arranged to emit light in a primarily downward direction.
See the invention of Lan in Figs. 1-2 and 7 below.
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From the above, it is evident that Lan teaches A germicidal light emitting device (UV germicidal modules 3 emit light environment—see [0045]) comprising:
a housing (light body 1 and lighting module 9) forming an air inlet (air first enters identified housing via the gap between light body 1 and lighting module 9, see Figs. 7-8 and [0071]) and an air outlet (gratings 2; air outlet 81 of fan 8 blows air to four gratins 2—[0069]), configured to allow an air flow to pass in an air flow direction (arrow from element “L” to element “H” of Fig. 7 shows path of airflow through housing, the air flow having a defined direction at each position along the path),
a fan (8) configured to provide an air flow through the air inlet, from the air inlet to the air outlet and through the air outlet (fan 8 receives air from fan air inlet 80—[0069]—which is in communication with the space between the light body 1 and lighting module 9—see Figs. 7-8—and expels air from fan air outlet 81 to exit the light body 1 via gratings 2—see [0070]), the air flow being directed in a first direction to a second direction different from said first direction (as indicated in the claim objection above, the meaning of this limitation is uncertain, but it is noted that the airflow does change direction from the air inlet to the air outlet, first moving inward, then upward, then outward—as seen in Fig. 7—and that the outward direction aligns with the radiation emitted by the UV light sources 3 and that the upward direction is away from the direction of light from lighting module 9)
at least one first UV light source (UV germicidal module 3) arranged and configured to emit, when in operation, first UV light with a first spectral distribution and an emission targeted in the first direction along or towards a ceiling/or a wall (UV germicidal modules 3 emit UV rays out of grating 2 into the surrounding environment –[0045]—the rays emitted horizontally, with the panel installed on the ceiling to prevent UV rays from irradiating a human body—[0048]; the UV light source of the germicidal module 3 inherently have a spectral distribution, and the rays are directing along a ceiling)
at least one second indoor light source of lighting module 9) arranged and configured to emit, when in operation, a second (lighting module 9 serves as an indoor light source—[0071]—and thus is fairly implied to include a light source which emits light in a primarily downward direction, the light necessarily having a distinct spectral distribution), and
at least one mounting element (70) configured to enable mounting the germicidal light emitting device on the ceiling or the wall (rods 70 fasten sealing cover 7 to the ceiling—[0066]—the sealing cover 7 connected to the light body 1 through a bolt structure—[0065]; see Fig. 1) in such a way that the first direction extends in parallel to the ceiling or the wall ([0048] indicates that the gratings 2 direct UV rays outward horizontally so that humans are not contacted when the light device is hung from the ceiling; it is clear from inspection of the Figures of Lan that the first direction would thus be parallel to the ceiling).
Lan further teaches that at least the first UV light source and the second light source are configured for emitting light out of the housing (UV rays from germicidal modules 3 irradiate horizontally into an external environment of the light body through grooves 20 of grating 2—[0044] and [0048]; lighting module 9 used as indoor light source—[0071]—which thus implies it irradiates visible light into the environment).
Lan does not particularly indicate that the first UV light is UV-C, and that the second light source is a UV light source emitting second UV light that is at least one of UV-A and/or UV-B.
However, in the analogous art of ceiling lighting fixtures with ultraviolet air sterilization functions (title, abstract), McEllen teaches a lighting fixture comprising a housing (30) which connects to the ceiling ([0025]). The housing supporting a visible light (40) about the bottom of a fan structure (motor 42, impeller 48, and air intake—[0026]-[0029], Figs. 2-3) and a source of UV-C radiation (38) about the top of the fan structure, with a baffle (36) arranged to prevent the UV-C source from emitting UV-C into a lower part of the room ([0031]). McEllen indicates that UV-C irradiation is effective at neutralizing microorganisms transmitted in aerosolized form ([0002]-[0003]), but that direct exposure of persons to UV-C radiation should be minimized to avoid irradiation of the eyes and skin ([0004]). Therefore, it would be obvious to a person having ordinary skill in the art to configure the first UV light source (at least one of the UV germicidal generators 3) of Lan to emit UV-C light for the benefit of emitting light which is particularly effective at neutralizing a broad range of aerosolized micro orgasms (see McEllen at [0002]-[0003]) without directing the light toward humans (McEllen indicates UV-C light is hazardous to human skin and eyes—see [0004]—and Lan indicates that the UV light emitted by the germicidal UV generators is emitted horizontally from a height near the ceiling so UV rays do not irradiate onto human bodies—see Lan [0048], [0044]).
Lan and McEllen do not suggest configuring the second light source to emit UV-A or UV-B light.
However, in the analogous art of light sources for disinfection, Rantala (US 20170014538 A1) teaches a luminaire for continuous disinfection (title) which outputs light that is capable of disinfection while appearing as a white light source to the human eye and without posing a substantial risk or causing discomfort to humans (abstract). The light fixture essentially comprises at least one UV-A LED and at least one visible light LED, which are combined and balanced so as to yield a light output which appears white while containing sufficient UV-A content to achieve a disinfecting affect (a lighting fixture facilitating white light illumination and continuous disinfection functionality comprising at least one integrated LED source having a first emission in the range of 360 to 430 nm and a second emission peak in the range of 430 to 700 nm…the emitters are of two different types—[0020]; see claims 1 and 3). Rantala further recognized that UVA light at 365 nm is known to inhibit bacterial growth ([0003]), and further teaches a particular embodiment of a light source (LED structure) with an emitter having an emission center around 365 nm ([0065]). Therefore, it would be obvious to a person having ordinary skill in the art to configure the second light (lighting module 9) of Lan as a luminaire comprising a 365 nm UV-A emitter in combination with a visible light emitter and/or a conversion material, as suggested by Rantala ([0020], [0065]), for the benefit of providing disinfecting light which appears white to humans and does not cause humans harm or discomfort (see Rantala at abstract, [0003]). Thus modified, the 365 nm UV-A emitter of the modified lighting module (9) of Lan defines a second UV light source emitting UV-A light.
Regarding claim 2, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan further teaches wherein both first and second UV light source are arranged and configured for emitting light out of the housing (UV rays from germicidal modules 3 irradiate horizontally into an external environment of the light body through grooves 20 of grating 2—[0044] and [0048]; lighting module 9 used as indoor light source—[0071]—which thus implies it irradiates visible light into the environment).
Regarding claim 3, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan teaches the first UV light is targeted along or towards the ceiling ([0048]), but the previously identified second UV light (modified light assembly 9 of Lan) is not directed along or towards the ceiling and/or a wall. However, the rearrangement of parts is prima facie obvious absent evidence of significance; see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)as cited in MPEP 2144.04(VI.)(C.). Therefore, it would be obvious to a person having ordinary skill int eh art to reconfigure the second UV light of modified Lan to be directed toward or along the wall for the expected benefit of reducing the amount of disinfecting radiation persons in the room are exposed to.
Regarding claim 4, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan further teaches the air outlet (gratin 2) is configured to collimate the first UV light along the first direction (grating 2 includes a plurality of grooves 20—[0044]—which are configured to only allow UV rays parallel to the inner walls of the grooves 20 to pass to the outside of the light body—[0045]).
Regarding claim 5, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan does not clearly teach that the air inlet is configured to collimate the second UV light along the second direction.
However, McEllen teaches the luminaire discussed with respect to claim 1 above wherein the visible lights source (40) ([0026]) is positioned about the air intake (50) of the luminaire, wherein the air intake would be expected to redirect (i.e., collimate) some light from the illumination source (40) downward (see Fig. 2, [0026]-[0029]). The arrangement of McEllen also enables increased airflows through the luminaire and reduces noise ([0029]). Therefore, it would be obvious to a person having ordinary skill in the art to rearrange the lighting module (9) and air inlet of Lan such that the second UV light source is positioned about and collimate by a central air intake at the bottom of the light body for the benefit of increasing airflow through the luminaire (consider McEllen at [0029]).
Regarding claim 6, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan further teaches the first direction (emission direction of UV germicidal module) is perpendicular to second direction (emission direction of lighting module 9) (upon inspection of Figures, it is clear that the light from the UV generators 3 exiting the gratings 2 is perpendicular to the light emitted downward by the lighting module 9).
Regarding claim 8, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan teaches that there are four UV germicidal UV modules (3) which each emit light in a different direction outwardly from the housing (see Figs. 1-2, [0044], [0048]). A pair of adjacent UV germicidal modules (3) can be considered to define a first UV light source and a third UV light source, the third UV light source configured to emit, when in operation, third UV light with a third spectral distribution and a main emission direction being the third direction, wherein the third direction is different from said first and second direction (each of the UV germicidal module is directed in a distinct direction from each other and the lower lighting module 9, and each has a spectral distribution). It is not clear that the identified third UV light source of Lan would necessarily have a different spectral light distribution from the second and especially the first spectral light distributions. However, it would be obvious to a person having ordinary skill in the art to adapt the spectral distribution of each of the UV light sources (3) of Lan for the benefit of optimizing the delivery of UV light to the upper portion of the room, which would reasonably result in a distinct first, second, and third spectral distribution.
Regarding claim 9, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan further teaches first direction (emission direction of UV germicidal modules 3) is perpendicular to second direction (emission direction of lighting module 9) (upon inspection of Figures, it is clear that the light from the UV generators 3 exiting the gratings 2 at the sides of light body 1 is directed perpendicularly to the light emitted downward by the lighting module 9).
Regarding claim 10, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 8. As defined with respect to claim 8 above, the first and third UV light sources of Lan are adjacent pairs of UV germicidal modules (3); viewing the Figures of Lan, it is evident thus evident that the third UV light is emitted in a third direction, wherein a second air flow (air flowing out of grating 2 associated with third UV light source which is one of the UV germicidal modules) is provided in a third direction, and wherein the third direction is perpendicular to the first direction (adjacent pairs of UV germicidal modules 3 are arranged perpendicular to each other and air flows out of the corresponding adjacent pair of gratings; thus, the first and second UV light sources are associated with perpendicular flows of air and UV rays).
Regarding claim 11, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan further teaches the air outlet (grating 2) comprises a plurality of slits, holes, or openings (grating 2 includes several light emitting grooves—[0044]—and are configured so only UV rays parallel to the inner wall of light emitting grooves 20 can get out of the light fixture—[0045] ).
Regarding claim 12, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan further teaches the first UV light source is arranged inside the housing (germicidal light generator 3 is within light body 1—see [0044], Figs. 1-2, 7, and 9).
Regarding claim 13, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan further teaches a controller for individually controlling one or more of the first UV light source ([0075] indicates that the device of Lan includes a sensor 90 for detecting when a person is in the upper room irradiation region, the sensor associated with control circuitry that deactivates the UV germicidal module 3 in response to the sensor detection; such control circuitry fairly defines a controller for individually controlling a first UV light source; it is further noted that individual control of each germicidal unit 3 would allow UV light to continue to be irradiated in regions where people are not present, advantageously allowing air treatment to continue in occupied upper room regions).
Regarding claim 14, Lan in view of McEllen and Rantala teaches the germicidal light emitting device of claim 1, which is fairly considered part of a larger luminaire or lamp. As modified in view of Rantala with respect to claim 1 above, the luminaire of Lan includes a light source emitting, when in operation, white light (as modified with respect to claim 1, the indoor lighting module 9 of Lan is configured to emit disinfecting white light comprising a UV-A component, as suggested by Rantala—see the rejection of claim 1 above).
Regarding claim 15, Lan in view of McEllen and Rantala teaches the luminaire or lamp of claim 14, wherein the white light has a main emission direction being the second direction (as modified with respect to claim 1, the indoor lighting module 9 of Lan is configured to emit disinfecting white light comprising a UV-A component, as suggested by Rantala—see the rejection of claim 1 above—such that the direction of UV-A light which defines the second direction and the direction of the white light are the same.
Allowable Subject Matter
Claim 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 7, Lan in view of McEllen and Rantala teaches the germicidal light emitting device according to claim 1. Lan does not clearly teach all of a first collimator and a second collimator, wherein the first collimator is arranged at the at least one first UV light source and configured to collimate the first UV light along the first direction, wherein the second collimator is arranged at the at least one second UV light source and configured to collimate the second UV light along the second direction, wherein the first UV light (141) comprises a first spatial light distribution having a first full-width-half-maximum, FWHM1, and the second UV light (151) comprises a second spatial light distribution having a second full-width-half-maximum, FWHM2, wherein FWHM1< FWHM2, preferably FWHM1< 0.5*FWHM2, more preferably FWHM1< 0.3*FWHM2, and most preferably FWHM1< 0.1*FWHM2.
Generally, it is understood that the claim limitation is directed toward having a first UV light source used for upper room disinfection be highly collimated in a direction parallel to the ceiling so that UV light does not penetrate a bottom portion of the room, while having a second UV light which is safer for human exposure to flood the room by having a much broader angular intensity FWHM. No prior art was found which fairly teaches or suggests all elements of claim 7, or otherwise suggest modifying Lan to collimators configured as claimed. Accordingly, the subject matter of claim 7—as best understood—is novel and non-obvious over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY C PILSBURY whose telephone number is (571)272-8054. The examiner can normally be reached M-Th 7:30a-5:00p.
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/BRADY C PILSBURY/Examiner, Art Unit 1799
/JENNIFER WECKER/Primary Examiner, Art Unit 1797