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.
Claims 1-20 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.
In claim 1, in the “wherein” clause, it is unclear whether “side wall thickness” and “tip thickness” refer back to the same nozzle body side wall and tip which are forming an inner chamber and an outer surface, and it is unclear what is respectively meant by “thickness are a function of” and light intensity range” regarding how the thicknesses are related to a property of the outer surface of the nozzle body, and what is meant by “light intensity range”.
Claim 1 is also ambiguous as to whether an actual antimicrobial light-emitting system component is a positively recited system component and actual coupling or other definitive structural relationship of nozzle body side wall and light circuit are present.
In claim 2, “includes a reflectivity in a range of 80-98% is a vague and relative expression, since the claim lacks a recitation of what type and intensity of light, wave energy and/or radiation is/are directed to the semi-translucent material, and unclear what other reflectivity values are encompassed included outside of the range.
In claim 4, “the anti-microbial light which has passed through the nozzle body” and “the anti-microbial light” each lack antecedent basis, since claim 1 from which claim 4 depends lacks recitation of an actual anti-microbial light or of a light-emitting system component, or structure configured for such passage of light;
In claim 9, “the light circuit is configured to be inserted into the aperture” is ambiguous as to whether or not the light circuit is actually inserted into and present in the aperture, or if instead the light circuit has a shape enabling optional insertion into the side wall aperture.
In claim 11, it is unclear whether the method step of “emitting an anti-microbial light” refers to a function of the “light circuit” which is coupled to a nozzle body.
In claim 12, the claim is ambiguous as to what is meant by the antimicrobial light portion being a “function of” nozzle body material, tip thickness and side wall thickness (is the claim reciting a defined structural relationship?).
In claim 13, “material with a reflectivity in a range of 80-98% is a vague and relative expression, since the claim lacks a recitation of what type and intensity of light, wave energy and/or radiation is/are directed to the semi-translucent material.
In claim 14, “emitting the anti-microbial light after determining a standby time period” is ambiguous and vague as what is meant by the terminology (does this concern the light circuit being activated to emit light after a predetermined standby period after it has been installed, but has not yet been activated).
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.
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.
Claims 1, 2, 4-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Donhowe et al PGPUBS Document US 2022/0088240 (Donhowe) in view of Terukazu patent publication JP 2020000770 and the accompanying English translation. Referenced paragraph numbers of the applied PGPUBS Documents are identified by “[ ]” symbols.
For independent claim 1, Donhowe discloses: A liquid treatment system for, or forming an integral component of a household plumbing fixture [0004, 0008 and 0090 regarding plumbing fixtures including faucets, such as gooseneck faucets or showerheads, i.e. tubes forming “nozzles”] and , comprising:
a nozzle body comprised of a semi-translucent material (best shown in figures 1, 8-10 and 19 and described in [0038, 0039, 0045, 0046 and 0049-0051, describing the above faucets or “nozzles” as having highly diffusive walls of highly diffusive, and having walls of at least 80% reflectivity or reflectance, hence being of “semi-translucent material”]),
the nozzle body including a side wall of a given thickness, ending in a dispensing end forming an inner chamber and an outer surface (figures 1 and 8-11, and see [0058 regarding walls of tube 2 with reflective inner surface 10] and [0067 regarding transparent inner wall 18 of reflective tube 2 and outer reflective tube or “tube wall of 18, and a UV-LED array 15 being temporarily inserted inside a wall of a pipe (or ‘tube), hence the pipe or tube having a “thickness”]), and
a coupled anti-microbial UV unit having an anti-microbial light intensity range (UV light disinfecting system including UV-LEDs emitting light of a selected intensity range, see ([0036, 0037, 0040 and 0043-0045 regarding intensity or radiance levels of THE UV LEDs]),
wherein a side wall thickness and a dispensing end thickness of the nozzle body are a function of an anti-microbial light intensity range of the outer surface of the nozzle body (see also [0004, 0036 and 0046 cumulatively suggesting such property concerning the placement of the UV LEDs being effective to reach all surfaces desired to be infected including near the dispensing end of the tube or nozzle]); and
a light circuit configured to be coupled to the side wall and emit an anti-microbial light toward the inner chamber [0037 regarding flexible UV light circuit] and [0039, 0044 and 0067 re UV-LEDs 5 being mounted on or traversing through openings 6 of the outer wall of reflective nozzle or tube 2]).
Claim 1, and claims dependent therefrom, differ by requiring the nozzle body dispensing end to comprise a tip, with the nozzle side wall and tip together forming the inner chamber and outer surface, wherein an explicit side wall thickness and an explicit tip thickness of the tip are a function of an anti-microbial light intensity range of the outer surface of the nozzle body.
Terukazu teaches a device for dispensing water through a household plumbing fixture for cleaning body parts or other surfaces (Translation Abstract and Industrial Applicability portions) comprising a nozzle, having a relatively larger diameter tubular portion with a cylindrical side wall, which ends in a tip portion of a tapering or smaller diameter, having a tip side wall, with the larger diameter tubular or cylindrical portion side wall and tip together forming an inner chamber and an outer surface. (See in particular figures 1 and 10 and the Translation at the “Abstract”, 1st through 3rd paragraphs of text describing Fig. 1, and the paragraphs describing Figs. 10 and 11A).
The nozzle of Terukazu is also configured to dispense UV light for sterilizing (Translation paragraphs describing Figs 1, 12 and 13).
Terukazu teaches that such form of household plumbing fixture comprising nozzle with a cylindrical or tubular portion with relatively larger sidewall and tip with smaller or tapering diameter side wall portion has advantages of having a low manufacturing cost (Translation, first paragraph of Description of Embodiments), being operable to provide a liquid high-pressure cleaning device with relatively increased cleaning power (paragraph describing Figs. 12 and 13 and Industrial Applicability) and which can be manufactured at a relatively low cost, inherently because of a need for less material.
It would have been obvious to one of ordinary skill in the art of providing devices for disinfecting plumbing fixtures to have modified the Donhowe plumbing fixture, by configuring the nozzle body to have a tip with a relatively smaller tip sidewall, relative to an upstream cylindrical or tubular, larger diameter portion, to form the inner chamber and outer surface of the plumbing fixture device, as taught by Terukazu, so as to decrease the manufacturing cost of the plumbing fixture by requiring less overall material, and so as to increase the relative cleaning pressure of the plumbing fixture.
Donhowe further discloses for claim 2, wherein the semi-translucent material includes a reflectivity in a range of 80-98% [0038, 0039, 0045, 0046 and 0049-0051 concerning tube or nozzle walls being highly diffusive and having at least 80% reflectivity or reflectance].
Additionally, the recited material reflectivity range value is deemed to be a results-effective variable, for which it would have been obvious for one of ordinary skill in the art to have optimized by routine experimentation, in order to maximize effectiveness of the applied anti-microbial light to fully disinfect all surfaces and portions of the nozzle body.
The Manual of Patent Examining Procedure (MPEP) at Sections 2144.04, part IV and 2145, parts I and II cites Case Law which has established legal precedence regarding insufficiency of patentably distinguishing based on specific values, proportions, ratios or ranges of parameters, particularly where the prior art teaches values which are similar to, overlap or encompass the claimed values, proportions, ratios or ranges, absent a finding of unexpected results or criticality.
For claim 4, Donhowe further discloses wherein the anti-microbial light which has passed through the nozzle body to the outer surface of the nozzle body includes an intensity within the claimed anti-microbial light intensity range of not exceeding 3mJ/cm2
([0040 and 0045 regarding disinfecting pathogens flowing through water in the nozzle body sufficient to mitigate or eliminate growth of biofilms on the tube or nozzle surfaces, and irradiating levels being on the order of about 100 nW/cm2], and
[0091 teaches intermittent or periodic pulsing of UV-LED power output and driving of the UV-LEDs at lower current levels when fluid is not flowing, and at higher levels when fluid is flowing], thus [0040], [0045] and [0091] cumulatively teaching or suggesting the light being configured to disinfect the outer surfaces of the nozzle body, while not exceeding 3mJ/cm2 at the outer surface over an 8-hour period) .
Additionally, the recited material light intensity range or value is deemed to be a results-effective variable, for which it would have been obvious for one of ordinary skill in the art to have optimized by routine experimentation, in order to maximize effectiveness of the applied anti-microbial light to fully disinfect all surfaces and portions of the nozzle body.
The Manual of Patent Examining Procedure (MPEP) at Sections 2144.04, part IV and 2145, parts I and II cites Case Law which has established legal precedence regarding insufficiency of patentably distinguishing based on specific values, proportions, ratios or ranges of parameters, particularly where the prior art teaches values which are similar to, overlap or encompass the claimed values, proportions, ratios or ranges, absent a finding of unexpected results or criticality.
For claim 5, Terukazu further teaches wherein the tip optionally includes a plurality of apertures (Figure 11A and translation description of Fig 11A describing outlets 401a1 and 401a2 so as to selectively enable blocking of transmission of UV light from the nozzle).
Donhowe further discloses:
for claim 6, wherein the light circuit is at least partially inserted into the side wall (embodiments described in [0060-0062] and [0089-0090] concerning UV-LED lights inserted inside interior volumes of the tubes or nozzles, optionally protected with encapsulating material, thus inserted into the side wall) ;
for claim 7, wherein the side wall includes a thinned section, and wherein the light circuit emits the anti-microbial light toward the inner chamber through the thinned section of the side wall
(illustrated in figures 8, 13 and 14, see [0082-0085 regarding inserting UV-LEDs being inserted in windows 28 within the tube or nozzle side walls which extend through part of the thickness of the tubes or nozzles, thus being inserted in thinned sections of the side wall], and see
[0085 regarding light emitted by UV-LED 5 passing through the windows and into the reflective tube to impinge on a wall outside of the UV-LED]) ;
for claim 8, wherein the light circuit includes an LED and a spacer, wherein the spacer is positioned between the thinned section of the side wall and the LED (see [0037 re LEDs being attached to an array within a flexible circuit], [0082-0085 regarding the LEDs being inserted within windows 28 of the tubes or nozzles, and also [0080 concerning filling resins forming the windows 28, thus constituting spacers for the LEDs]);
for claim 9, wherein the side wall includes an aperture, and the light circuit is configured to be inserted into the aperture (again see [0037 re LEDs attached to an array within a flexible circuit], and see
figures 8, 13 and 14 and [0082-0085 regarding inserting UV-LEDs being inserted in windows 28, i.e. “apertures”, within the tube or nozzle side walls which extend through part of the thickness of the tubes or nozzles, thus being inserted in thinned sections of the side wall]); and,
for claim 10, wherein the light circuit includes a translucent window, and a housing coupled to the translucent window (again see figures 8, 13 and 14 and [0082-0085 regarding inserting UV-LEDs being inserted in windows 28, i.e. “apertures”, within the tube or nozzle side walls which extend through part of the thickness of the tubes or nozzles, thus being inserted in thinned sections of the side wall]).
For independent claim 11, Donhowe discloses: A method for operating a nozzle fixture ( see [0004, 0008 and 0090 regarding operating plumbing fixtures including faucets, such as gooseneck faucets or showerheads, i.e. tubes forming nozzles], best illustrated in figures 1, 8-10, 13 and 19), comprising:
coupling a light circuit to a nozzle body including a side wall, of a given thickness, ending in a dispensing end forming an inner chamber and an outer surface ([0037 regarding flexible UV light circuit] and [0039, 0044 and 0067 re UV-LEDs 5 being mounted on or traversing through openings 6 of the outer wall of a reflective nozzle or tube, i.e. faucet or “nozzle body” 2]);
emitting an anti-microbial light toward the inner chamber of the nozzle body (illustrated in figures 8, 13 and 14, see [0082-0085 regarding inserting UV-LEDs being inserted in windows 28 within the tube or nozzle side walls which extend through part of the thickness of the tubes or nozzles, thus being inserted in thinned sections of the side wall], and see
[0085 regarding light emitted by UV-LED 5 passing through the windows and into the reflective tube to impinge on a wall outside of the UV-LED]);
transmitting a portion of the anti-microbial light to the outer surface of the nozzle body through the nozzle body (see again [0085 regarding light emitted by UV-LED 5 passing through the windows and into the reflective tube to impinge on a wall outside of the UV-LED], and also see [0038, 0039, 0045, 0046 and 0049-0051, describing the above faucets or “nozzles” as having highly diffusive walls of highly diffusive, and having walls of at least 80% reflectivity or reflectance, hence being of “semi-translucent material”, thus facilitating at least some amount of light passing through the tube or nozzle to the outer surface of the tube or nozzle body]) ); and,
disinfecting the outer surface of the nozzle body, after transmitting the portion of the anti-microbial light, wherein the portion of the anti-microbial light includes an intensity not exceeding 3 mJ/cm2 over an 8-hour period ([0040 and 0045 regarding disinfecting pathogens flowing through water in the nozzle body sufficient to mitigate or eliminate growth of biofilms on the tube or nozzle surfaces, and irradiating levels being on the order of about 100 nW/cm2], and
at [0091 concerning intermittent or periodic pulsing of UV-LED power output and driving of the UV-LEDs at lower current levels when fluid is not flowing, and at higher levels when fluid is flowing], thus [0040], [0045] and [0091] cumulatively teaching or suggesting the light being configured to disinfect the outer surfaces of the nozzle body, while not exceeding 3mJ/cm2 at the outer surface over an 8-hour period).
Claim 11, and claims dependent therefrom, differ by requiring the coupled nozzle body dispensing end to comprise a tip, with the nozzle side wall and tip together forming the inner chamber and outer surface, wherein an explicit side wall thickness and an explicit tip thickness of the tip are a function of an anti-microbial light intensity range of the outer surface of the nozzle body.
Additionally, the recited material light intensity range or value is deemed to be a results-effective variable, for which it would have been obvious for one of ordinary skill in the art to have optimized by routine experimentation, in order to maximize effectiveness of the applied anti-microbial light to fully disinfect all surfaces and portions of the nozzle body.
The Manual of Patent Examining Procedure (MPEP) at Sections 2144.04, part IV and 2145, parts I and II cites Case Law which has established legal precedence regarding insufficiency of patentably distinguishing based on specific values, proportions, ratios or ranges of parameters, particularly where the prior art teaches values which are similar to, overlap or encompass the claimed values, proportions, ratios or ranges, absent a finding of unexpected results or criticality.
Terukazu teaches providing a device for dispensing water through a household plumbing fixture for cleaning body parts or other surfaces (Translation Abstract and Industrial Applicability portions) comprising a nozzle, having a relatively larger diameter tubular portion with a cylindrical side wall, which ends in a tip portion of a tapering or smaller diameter, having a tip side wall, with the larger diameter tubular or cylindrical portion side wall and tip together forming an inner chamber and an outer surface. (See in particular figures 1 and 10 and the Translation at the “Abstract”, 1st through 3rd paragraphs of text describing Fig. 1, and the paragraphs describing Figs. 10 and 11A).
The nozzle of Terukazu is also configured to dispense UV light for sterilizing (Translation paragraphs describing Figs 1, 12 and 13).
Terukazu teaches that such form of household plumbing fixture comprising nozzle with a cylindrical or tubular portion with relatively larger sidewall and tip with smaller or tapering diameter side wall portion has advantages of having a low manufacturing cost (Translation, first paragraph of Description of Embodiments), being operable to provide a liquid high-pressure cleaning device with relatively increased cleaning power (paragraphs describing Figs. 12 and 13 and Industrial Applicability) and which can be manufactured at a relatively low cost, inherently because of a need for less material.
It would have been obvious to one of ordinary skill in the art of operating nozzles including devices for disinfecting plumbing fixtures to have modified the Donhowe method, by configuring the provided nozzle body to have a tip with a relatively smaller tip sidewall, relative to an upstream cylindrical or tubular, larger diameter portion, to form the inner chamber and outer surface of the plumbing fixture device, as taught by Terukazu, so as to decrease the manufacturing cost of the plumbing fixture by requiring less overall material, and so as to increase the relative cleaning pressure of the plumbing fixture.
Donhowe further discloses:
for claim 12, wherein the portion of the anti-microbial light is a function of a nozzle body material, a tip thickness, and a side wall thickness (see also [0004, 0036 and 0046 cumulatively suggesting such properties or characteristics concerning the placement of the UV LEDs being effective to reach all surfaces desired to be infected including near the dispensing end of the tube or nozzle, thus inherently a function of material(s) and thickness(es) of the tube, faucet or “nozzle body”]) ;
for claim 13, wherein the nozzle body material consists of a semi-translucent material with a reflectivity in a range of 80-98% [0038, 0039, 0045, 0046 and 0049-0051 concerning tube or nozzle walls being highly diffusive and having at least 80% reflectivity or reflectance], {Additionally, the recited material reflectivity range value is deemed to be a results-effective variable, for which it would have been obvious for one of ordinary skill in the art to have optimized by routine experimentation, in order to maximize effectiveness of the applied anti-microbial light to fully disinfect all surfaces and portions of the nozzle body.
The Manual of Patent Examining Procedure (MPEP) at Sections 2144.04, part IV and 2145, parts I and II cites Case Law which has established legal precedence regarding insufficiency of patentably distinguishing based on specific values, proportions, ratios or ranges of parameters, particularly where the prior art teaches values which are similar to, overlap or encompass the claimed values, proportions, ratios or ranges, absent a finding of unexpected results or criticality}
; and,
for claim 14, wherein emitting the anti-microbial light occurs after “determining a” (a determined) standby time period (see also [0091 re pulsing the UV-LEDs on periodically or operated at lower power or current levels when water is not flowing, thus constituting “standby time periods”).
For claim 16, Terukazu further teaches wherein the tip optionally includes a plurality of apertures (Figure 11A and translation description of Fig 11A describing outlets 401a1 and 401a2 so as to selectively enable blocking of transmission of UV light from the nozzle).
Donhowe further discloses:
for claim 17, wherein coupling the light circuit to the nozzle body includes at least partially inserting the light circuit into the side wall (embodiments described in [0060-0062] and [0089-0090] concerning UV-LED lights inserted inside interior volumes of the tubes or nozzles, optionally protected with encapsulating material, thus inserted into the side wall);
for claim 18, wherein the side wall includes a thinned section, and emitting the anti-microbial light toward the inner chamber of the nozzle body including emitting the anti-microbial light through the thinned section of the side wall (figures 8, 13 and 14 and see [0082-0085 regarding inserting UV-LEDs being inserted in windows 28 within the tube or nozzle side walls which extend through part of the thickness of the tubes or nozzles, thus being inserted in thinned sections of the side wall], and see
[0085 regarding light emitted by UV-LED 5 passing through the windows and into the reflective tube to impinge on a wall outside of the UV-LED]);
for claim 19, wherein the light circuit includes an LED and a spacer, wherein coupling the light circuit to the nozzle body includes positioning the spacer between the thinned section of the side wall and the LED (see [0037 re LEDs being attached to an array within a flexible circuit], [0082-0085 regarding the LEDs being inserted within windows 28 of the tubes or nozzles, and also [0080 concerning filling resins forming the windows 28, thus constituting spacers for the LEDs]);
; and,
for claim 20, wherein the side wall includes an aperture, and coupling the light circuit to the nozzle body includes inserting the light circuit into the aperture (again see [0037 re LEDs attached to an array within a flexible circuit], and see
figures 8, 13 and 14 and [0082-0085 regarding inserting UV-LEDs being inserted in windows 28, i.e. “apertures”, within the tube or nozzle side walls which extend through part of the thickness of the tubes or nozzles, thus being inserted in thinned sections of the side wall]).
Claims 3 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Donhowe et al PGPUBS Document US 2022/0088240 (Donhowe) in view of Terukazu patent publication JP 2020000770 and the accompanying English translation, as applied to claims 1, 2, 4-14 and 16-20 above, and further in view of Dornseifer PGPUBS Document US 2011/0210268 (Dornseifer). Referenced paragraph numbers of the applied PGPUBS Documents are identified by “[ ]” symbols.
For claims 3 and 15, Donhowe further discloses wherein the light circuit includes a light emitting diode (again see [0037 re LEDs attached to an array within a flexible circuit], and see figures 8, 13 and 14 and [0082-0085 regarding inserting UV-LEDs being inserted in windows 28, i.e. “apertures”, within the tube or nozzle side walls which extend through part of the thickness of the tubes or nozzles, thus being inserted in thinned sections of the side wall]).
Claims 3 and 15 further differ by requiring wherein the light emitting diode is configured to emit ultraviolet-C light.
Dornseifer teaches a disinfecting device for treating water being dispensed through a large number of types of potable or household plumbing fixtures such as a water spigot or nozzle [0002, 0003, 0025, 0026], or utilized in sanitary fittings such as washstands, bidets, sinks, or shower heads in [0048];
the disinfecting device including one or more UV-C light emitting diodes [described in 0013].
Dornseifer teaches in [0013] that such form of UV-C light emitting diodes has advantages of robustly producing UV light, having a low degree of heat development, low structural height and high irradiation intensity and teaches in [0040] that such form of UV-radiation sources also have a long-service life and are non-wearing.
It would have been obvious to one of ordinary skill in the art of providing devices for disinfecting plumbing fixtures to have selected a UV-C type light emitting diode, as the diode employed in the Donhowe system, as taught by Dornseifer, in order to provide UV disinfection with a radiation source which has a low degree of heat development, low structural height and high irradiation intensity and which also has a long-service life and are non-wearing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Of particular interest, Hecht et al PGPUBS Document US 2016/0022849 concerns application of UV light to food and beverage dispensers, while Koji patent 4,899,057 also concerns irradiating UV or other sterilizing devices being mounted to water-dispensing nozzles. Matsumoto patent 4,511,087 concerns a nozzle apparatus for spraying a mixture of gas and liquid onto kitchen gardens, and explicitly describes nozzle tip configurations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Joseph Drodge at his direct government telephone number of 571-272-1140. The examiner can normally be reached on Monday-Friday from approximately 8:00 AM to 1:00PM and 2:30 PM to 5:30 PM.
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If attempts to reach the examiner are unsuccessful, the examiner' s supervisor, Prem Singh, of Technology Center Unit 1773, can reached at 571-272-6381.
The formal facsimile phone number, for official, formal communications, for the examining group where this application is assigned is 571-273-8300.
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JWD
12/03/2025
/JOSEPH W DRODGE/ Primary Examiner, Art Unit 1773