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 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 6 is rejected under 35 U.S.C. 112(b) as being indefinite and failing to point out and distinctly claim the subject matter which the applicant regards as his invention, because the claim language “over a period which could range up to 12 months or more” (emphasis added) renders it impossible to determine the range of time claimed.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karpinski, et al (U.S. Patent Application Publication 2013/0255150 A1).
Regarding claim 1, Karpinski discloses a method for the antifungal treatment of a turf, comprising a step consisting in applying blue light on said turf (paragraph 0058).
Regarding claim 2, Karpinski discloses wherein the wavelength of the blue light is comprised between 380 and 500 nm (abstract).
Regarding claim 3, Karpinski discloses wherein the blue light is applied so that the luminous flux per unit area of the turf is comprised between 20 and 50 W/cm^2 (paragraph 0048).
Regarding claim 4, Karpinski discloses wherein the blue light is applied for a time period comprised between 0.3 seconds and 1 hour 29 minutes (paragraph 0019).
Regarding claim 5, Karpinski discloses wherein the blue light is applied during the day and/or during the night (it is always either day or night, therefore the claim does not further limit its parent claim).
Regarding claim 6, Karpinski discloses wherein the blue light is applied at a frequency of 1 to 60 application(s) per month, over one or several days, consecutive or not, over a period which could range up to 12 months or more (paragraph 0058).
Regarding claim 7, Karpinski discloses wherein the blue light is applied by means of light source(s) selected from the group constituted by LEDs and OLEDs (paragraph 0057).
Regarding claim 8, Karpinski discloses wherein the light source(s) are arranged on a support tool, automated or not (Fig. 2).
Regarding claim 9, the particular species of the fungi does not limit the claimed method, as it neither adds a step nor does it modify an existing step.
Regarding claim 10, the particular type of turf that the method is performed upon does not limit the claimed method, as it neither adds a step nor does it modify an existing step.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P MASKELL whose telephone number is (571)270-3210. The examiner can normally be reached M-F 10A-6P.
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, Georgia Epps can be reached at 571-272-2328. 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.
/MICHAEL MASKELL/Primary Examiner, Art Unit 2878 7 March 2026
Prosecution Insights