DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. In addition, acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/408,848, filed on January 10, 2024.
Oath/Declaration
Oath/Declaration as filed on January 10, 2024 is noted by the Examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
In particular, limitation terms “an information holding apparatus” in third line the claim renders the claim indefinite, because the meaning of the coined terms “an information holding apparatus” recited in the third line of the claim is not apparent in light of the specification. See MPEP § 2173.05(a). Examiner recommends applicant amend the claim 1, without adding new matter, to positively recite in definite terms more clearly what “an information holding apparatus” actually is. Accordingly, any claim(s) dependent on claim 1 are objected to based on same above reasoning.
Claim 5 is objected to because of the following informalities:
In particular, limitation terms “an information holding apparatus” in fourth line the claim renders the claim indefinite, because the meaning of the coined terms “an information holding apparatus” recited in the fourth line of the claim is not apparent in light of the specification. See MPEP § 2173.05(a). Examiner recommends applicant amend the claim 5, without adding new matter, to positively recite in definite terms more clearly what “an information holding apparatus” actually is. Accordingly, any claim(s) dependent on claim 5 are objected to based on same above reasoning.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/408,789 in view of Farren et al., U.S. Patent Application Publication 2018/0207303 A1 (hereinafter Farren), and Hitomi et al., U.S. Patent Application Publication 2019/0336634 A1 (hereinafter Hitomi). Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the independent claims, mentioned above, are substantially the same.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. The following is an example for comparing claim 1 of this application and respective claim 1 of copending Application No. 18/408,789:
Instant Application
Co-pending Application No.
18/408,789
Claim 1
Claim 1
A light emitting diode (LED) module, comprising: an LED that emits an ultraviolet ray;
A light emitting diode (LED) module, comprising: an LED that emits an ultraviolet ray; a metallic cylindrical body in which the LED is accommodated; and a metallic coupling for fixing the metallic cylindrical body to a culture apparatus by being engaged with an engaged portion fixed to the culture apparatus, wherein the metallic cylindrical body and the metallic coupling dissipate heat generated by the LED to the engaged portion.
an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus.
Independent claim 1 of the instant application teaches “A light emitting diode (LED) module, comprising: an LED that emits an ultraviolet ray; an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus”. The co-pending patent application 18/408,789 does not expressly teach: an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus. However, Farren teaches an information holding apparatus; and (FIGS. 1-3, paragraph[0531] of Farren teaches in some embodiments, the support cable 13 is operatively connected to a control box 1; and as detailed in the context of the UVT-4 UV device, such control box 1 may include all or some of the following: power supply, electronics for the UV light source(s), a controller and assorted electronics (circuit board) for measuring UV dose, a timer/clock for controlling the duration of a sterilization cycle, memory for storing pre-configured sterilization cycle(s), safety switch, user interface (see also, FIGS. 1-3, 20A-C), and See also at least ABSTRACT, paragraphs[0023]-[0024], [0082], [0511], [0541], [0609]-[0610], [0641]-[0649], and [0674] of Farren (i.e., Farren teaches a control box having a memory that stores a pre-configured sterilization cycle, which is determined by an algorithm and includes a duration and predetermined time for activation of a UV light source)); but still does not expressly teach a module-side connector electrically connected to the LED and the information holding apparatus.
However, Hitomi teaches a module-side connector electrically connected to the LED and the information holding apparatus (102 FIG. 2, paragraph[0034] of Hitomi teaches electric wire 101 supplies power to ultraviolet lamp 100. Although electric wire 101 is drawn short in FIG. 2, the length of electric wire 101 may be longer; also, FIG. 2 illustrates that one electric wire 101 is connected to each end of ultraviolet lamp 100, but two or more electric wires 101 may be connected to each end of ultraviolet lamp 100; and connector 102 is a component for connecting electric wire 101 to an electric circuit board (not illustrated), and See also at least ABSTRACT, paragraphs[0025], [0033], and [0050] of Hitomi (i.e., Hitomi teaches a culture apparatus, which includes a connector that is connect to an ultraviolet lamp via two or more electric wires and that is applied to a storage device)). Furthermore, co-pending patent application 18/408,789, Farren, and Hitomi are considered to be analogous art because they are from the same field of endeavor with respect to a culture apparatus, and involve the same problem of forming the culture device to use ultraviolet light for suitable sterilization. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of co-pending patent application 18/408,789 based on Farren and Hitomi to have an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus. One reason for the modification as taught by Farren is to have a system for UV disinfection of a container, a room, a space or a defined environment (paragraph[0002] of Farren). Another reason for the modification as taught by Hitomi is to have a housing apparatus that performs sterilization by irradiation with ultraviolet light (paragraph[0001] of Hitomi).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of copending Application No. 18/408,995 in view of Farren, and Hitomi. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the independent claims, mentioned above, are substantially the same.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. The following is an example for comparing claim 1 of this application and respective claim 2 of copending Application No. 18/408,995:
Instant Application
Co-pending Application No.
18/408,995
Claim 1
Claim 2
A light emitting diode (LED) module, comprising: an LED that emits an ultraviolet ray;
Claim 1
A culture apparatus, comprising: a box; a light emitting diode (LED) module detachably attached to the box and configured to emit an ultraviolet ray inside the box.
an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus.
Claim 2
The culture apparatus according to claim 1, wherein: the box includes an inner box, an outer box surrounding the inner box, and an apparatus-side connector to which the LED module is connected, and the apparatus-side connector is disposed at a position closer to the outer box than to the inner box.
Independent claim 1 of the instant application teaches “A light emitting diode (LED) module, comprising: an LED that emits an ultraviolet ray; an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus”. The co-pending patent application 18/408,995 does not expressly teach: an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus. However, Farren teaches an information holding apparatus; and (FIGS. 1-3, paragraph[0531] of Farren teaches in some embodiments, the support cable 13 is operatively connected to a control box 1; and as detailed in the context of the UVT-4 UV device, such control box 1 may include all or some of the following: power supply, electronics for the UV light source(s), a controller and assorted electronics (circuit board) for measuring UV dose, a timer/clock for controlling the duration of a sterilization cycle, memory for storing pre-configured sterilization cycle(s), safety switch, user interface (see also, FIGS. 1-3, 20A-C), and See also at least ABSTRACT, paragraphs[0023]-[0024], [0082], [0511], [0541], [0609]-[0610], [0641]-[0649], and [0674] of Farren (i.e., Farren teaches a control box having a memory that stores a pre-configured sterilization cycle, which is determined by an algorithm and includes a duration and predetermined time for activation of a UV light source)); but still does not expressly teach a module-side connector electrically connected to the LED and the information holding apparatus.
However, Hitomi teaches a module-side connector electrically connected to the LED and the information holding apparatus (102 FIG. 2, paragraph[0034] of Hitomi teaches electric wire 101 supplies power to ultraviolet lamp 100. Although electric wire 101 is drawn short in FIG. 2, the length of electric wire 101 may be longer; also, FIG. 2 illustrates that one electric wire 101 is connected to each end of ultraviolet lamp 100, but two or more electric wires 101 may be connected to each end of ultraviolet lamp 100; and connector 102 is a component for connecting electric wire 101 to an electric circuit board (not illustrated), and See also at least ABSTRACT, paragraphs[0025], [0033], and [0050] of Hitomi (i.e., Hitomi teaches a culture apparatus, which includes a connector that is connect to an ultraviolet lamp via two or more electric wires and that is applied to a storage device)).
Furthermore, co-pending patent application 18/408,789, Farren, and Hitomi are considered to be analogous art because they are from the same field of endeavor with respect to a culture apparatus, and involve the same problem of forming the culture device to use ultraviolet light for suitable sterilization. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of co-pending patent application 18/408,789 based on Farren and Hitomi to have an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus. One reason for the modification as taught by Farren is to have a system for UV disinfection of a container, a room, a space or a defined environment (paragraph[0002] of Farren). Another reason for the modification as taught by Hitomi is to have a housing apparatus that performs sterilization by irradiation with ultraviolet light (paragraph[0001] of Hitomi).
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 of this title, 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.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Busujima et al., U.S. Patent Application Publication 2010/0167383 A1 (hereinafter Busujima), in view of Farren et al., U.S. Patent Application Publication 2018/0207303 A1 (hereinafter Farren), and Hitomi et al., U.S. Patent Application Publication 2019/0336634 A1 (hereinafter Hitomi).
Regarding claim 3 Busujima teaches a light emitting diode (LED) module, comprising: an LED that emits an ultraviolet ray (100 FIGS. 1-2, paragraph[0029] of Busujima teaches as exemplified in FIGS. 1 and 2, the ultraviolet lamp 100 is disposed at a position, at which an ultraviolet ray can be applied to air passing through a bottom of (-Z side) a duct 43 and to water for humidification in a humidification tray 44 arranged at the bottom of the duct 43 so as to disinfect bacteria in the air and water; here, the duct 43 is made up of a wall on the rear side of the inner box 4 and a wall plate 5 made of stainless steel, between which an air passage is formed; and at an upper part of the duct 43 (+Z side), a fan 5a (sirocco fan) is provided, and See also at least ABSTRACT, paragraphs[0022]-[0023], [0032], and [0072] of Busujima (i.e., Busujima teaches an ultraviolet lamp, which is a light-emitting diode that is capable of generating an ultraviolet ray, used to disinfect bacteria in air and water)); but does no expressly teach an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus.
However, Farren teaches an information holding apparatus; and (FIGS. 1-3, paragraph[0531] of Farren teaches in some embodiments, the support cable 13 is operatively connected to a control box 1; and as detailed in the context of the UVT-4 UV device, such control box 1 may include all or some of the following: power supply, electronics for the UV light source(s), a controller and assorted electronics (circuit board) for measuring UV dose, a timer/clock for controlling the duration of a sterilization cycle, memory for storing pre-configured sterilization cycle(s), safety switch, user interface (see also, FIGS. 1-3, 20A-C), and See also at least ABSTRACT, paragraphs[0023]-[0024], [0082], [0511], [0541], [0609]-[0610], [0641]-[0649], and [0674] of Farren (i.e., Farren teaches a control box having a memory that stores a pre-configured sterilization cycle, which is determined by an algorithm and includes a duration and predetermined time for activation of a UV light source)); but the combination of Busujima and Farren still do not expressly teach a module-side connector electrically connected to the LED and the information holding apparatus.
However, Hitomi teach a module-side connector electrically connected to the LED and the information holding apparatus (102 FIG. 2, paragraph[0034] of Hitomi teaches electric wire 101 supplies power to ultraviolet lamp 100. Although electric wire 101 is drawn short in FIG. 2, the length of electric wire 101 may be longer; also, FIG. 2 illustrates that one electric wire 101 is connected to each end of ultraviolet lamp 100, but two or more electric wires 101 may be connected to each end of ultraviolet lamp 100; and connector 102 is a component for connecting electric wire 101 to an electric circuit board (not illustrated), and See also at least ABSTRACT, paragraphs[0025], [0033], and [0050] of Hitomi (i.e., Hitomi teaches a culture apparatus, which includes a connector that is connect to an ultraviolet lamp via two or more electric wires and that is applied to a storage device)).
Furthermore, Busujima, Farren, and Hitomi are considered to be analogous art because they are from the same field of endeavor with respect to a culture apparatus, and involve the same problem of forming the culture device to use ultraviolet light for suitable sterilization. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Busujima based on Farren and Hitomi to have an information holding apparatus; and a module-side connector electrically connected to the LED and the information holding apparatus. One reason for the modification as taught by Farren is to have a system for UV disinfection of a container, a room, a space or a defined environment (paragraph[0002] of Farren). Another reason for the modification as taught by Hitomi is to have a housing apparatus that performs sterilization by irradiation with ultraviolet light (paragraph[0001] of Hitomi). The same motivation and rationale to combine for claim 1 mentioned above, in light of corresponding statement of grounds of rejection, applies to each claim mentioned in the corresponding statement of grounds of rejection.
Regarding claim 3 Busujima, Farren, and Hitomi teach the LED module according to claim 1, wherein the information holding apparatus holds a cumulative lighting time of the LED (FIGS. 1-3, paragraph[0531] of Farren teaches in some embodiments, the support cable 13 is operatively connected to a control box 1; and as detailed in the context of the UVT-4 UV device, such control box 1 may include all or some of the following: power supply, electronics for the UV light source(s), a controller and assorted electronics (circuit board) for measuring UV dose, a timer/clock for controlling the duration of a sterilization cycle, memory for storing pre-configured sterilization cycle(s), safety switch, user interface (see also, FIGS. 1-3, 20A-C), and See also at least ABSTRACT, paragraphs[0023]-[0024], [0082], [0511], [0541], [0609]-[0610], [0641]-[0649], and [0674] of Farren (i.e., Farren teaches a control box having a memory that stores a pre-configured sterilization cycle, which is determined by an algorithm and includes a duration and predetermined time for activation of a UV light source)).
Potentially Allowable Subject Matter
Claim 5 would be allowable if applicable objection indicated above is properly addressed in order to overcome the objection, because the prior art references of record do not teach the combination of all element limitations as presently claimed. For example, in regard to claim 5 the prior art of record at least does not expressly teach concept of an apparatus-side connector attached to the box and to which the module-side connector is connected, an atmosphere adjustment apparatus that adjusts an atmosphere inside the box, and a control apparatus that controls the atmosphere adjustment apparatus, wherein the control apparatus controls the LED based on information acquired from the information holding apparatus via the apparatus-side connector and the module-side connector. In addition, claims 6-17 are each objected to as being dependent upon a rejected base claim, but would be allowable if the applicable objection indicated above is properly addressed to overcome the objection, because for each of claims 6-17, in light of their dependency on independent claim 5, the prior art references of record do not teach the combination of all element limitations as presently claimed. Still in addition, claims 2 and 4 are each objected to as being dependent upon a rejected base claim, but would be allowable if the applicable double patenting rejection and objection indicated above are properly addressed to overcome the rejection and objection, because for each of claims 2 and 4 the prior art references of record do not teach the combination of all element limitations as presently claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-SAMAD A ADEDIRAN whose telephone number is (571)272-3128. The examiner can normally be reached on Monday through Thursday, 8:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached on 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL-SAMAD A ADEDIRAN/Primary Examiner, Art Unit 2621
Prosecution Insights