Prosecution Insights
Last updated: April 19, 2026
Application No. 18/421,161

ULTRAVIOLET LIGHT EMISSION DEVICE

Non-Final OA §103§112
Filed
Jan 24, 2024
Examiner
MCCORMACK, JASON L
Art Unit
2881
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
USHIO DENKI KABUSHIKI KAISHA
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
92%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
856 granted / 1016 resolved
+16.3% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
43 currently pending
Career history
1059
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
21.5%
-18.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1016 resolved cases

Office Action

§103 §112
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. Claims 7 and 8 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. Claim 7 recites “the light-emitting tube” in claim 3. There is insufficient antecedent basis for this limitation in the claim. Claim 8 inherits the limitations of claim 7. 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, 4, 5, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stibich U.S. PGPUB No. 2023/0105100 in view of Baxter et al. U.S. PGPUB No. 2023/0041901. Regarding claim 1, Stibich discloses an ultraviolet light emission device (“a discharge lamp configured to generate ultraviolet light” [0035]) comprising: a lamp 22 having an elongated shape (as illustrated in figure 1) and having a light emission surface that emits ultraviolet light toward an object for irradiation (“the redirection of the ultraviolet light reduces the distance ultraviolet light travels to objects adjacent to the apparatus, including underside surfaces of objects as well as top and sidewall surfaces of objects” [0066]); a light intensity sensor 74 that is disposed around the excimer lamp and detects ultraviolet light (“sensor 74 may be used to monitor a parameter associated with the operation of discharge lamp 22 and, more specifically, may be used to monitor light emitted from discharge lamp 22 prior to passing through optical filter 40” [0080] – “one or more sensors, and sometimes a sensor for each discharge lamp unit, for determining… the amount or intensity of ultraviolet light reflected from a target object” [0120] – “any system known in the art for measuring ultraviolet light doses may be used for system 70. Examples include ultraviolet dosimeters and radiometers” [0078]); and a first reflection member 42 disposed around the lamp 22 and facing a part of the light emission surface in a longitudinal direction (as illustrated in figure 1), wherein ultraviolet light emitted from the light emission surface is reflected by the first reflection member and enters the light intensity sensor 74 (as illustrated in figure 1). Stibich discloses the claimed invention except that there is no explicit disclosure that the ultraviolet discharge lamp is an excimer lamp. Baxter discloses an ultraviolet light emission device comprising: an excimer lamp 900 (“The inventive device would use 207 nm or 222 nm excimer technology” [0012]) having an elongated shape (“The Far UV C bulbs 900 for a troffer would ideally be elongated rather than short” [0107]) and having a light emission surface that emits ultraviolet light toward an object for irradiation (“to best sterilize the area” [0115]) and a first reflection member 908 disposed around the excimer lamp 900 and facing a part of the light emission surface in a longitudinal direction (as illustrated in figure 10), further comprising a second reflection member 926 disposed around the excimer lamp 900 and located lateral to the light emission surface (as illustrated in figure 10), further comprising a third reflection member 928. It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Stibich with the excimer lamp of Baxter in order to utilize a commercially available light source for embodying the ultraviolet light source of Stibich. Regarding claim 3, Stibich discloses a second reflection member 42 disposed around the lamp 22 (paragraph [0063] describes plural “sidewalls” and figure 1 illustrates three distinct walls comprising cup portion 42) and located lateral to the light emission surface 22 (as illustrated in figure 1), wherein ultraviolet light reflected by the first reflection member is reflected by the second reflection member and enters the light intensity sensor 74 (figure 1 illustrates a geometry wherein light reflected by a sidewall of reflection member 42 is further reflected by another sidewall); and a third reflection member 42 disposed between the lamp 22 and the light intensity sensor 74, wherein ultraviolet light reflected by the second reflection member is reflected by the third reflection member and enters the light intensity sensor (figure 1 illustrates a geometry wherein light reflected by a sidewall of reflection member 42 is further reflected by another sidewall). Regarding claim 4, Stibich discloses a second reflection member 42 disposed around the lamp 22 (paragraph [0063] describes plural “sidewalls” and figure 1 illustrates three distinct walls comprising cup portion 42) and located lateral to the light emission surface 22 (as illustrated in figure 1), wherein ultraviolet light reflected by the first reflection member is reflected by the second reflection member and enters the light intensity sensor 74 (figure 1 illustrates a geometry wherein light reflected by a sidewall of reflection member 42 is further reflected by another sidewall); and a third reflection member 42 disposed between the lamp 22 and the light intensity sensor 74, wherein ultraviolet light reflected by the second reflection member is reflected by the third reflection member and enters the light intensity sensor (figure 1 illustrates a geometry wherein light reflected by a sidewall of reflection member 42 is further reflected by another sidewall). Regarding claim 5, Stibich discloses that the light intensity sensor 74 faces the first reflection member 42 across the lamp 22. Regarding claim 6, Stibich discloses that a space between a periphery of the excimer lamp and the light intensity sensor has an inert gas atmosphere (“Cooling system 44 shown in FIG. 1 is a forced air system including air inlet 46, air intake duct 48, fan 50, temperature sensor 52, air duct 54 and air outlet 56. In some cases, one or more of air inlet 46, air intake duct 48, air duct 54 and air outlet 56 may include air filters.” [0064]). The space between a periphery of the lamp 22 and the light intensity sensor 74 is a filtered air atmosphere ([Stibich: 0064]) which is an inert gas (“an inert gas, such as… clean air filtered by a filter” [Kobayashi et al. U.S. PGPUB No. 2016/0240413: 0048]). Claim(s) 2, 9, 10, 11, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stibich U.S. PGPUB No. 2023/0105100 in view of Baxter et al. U.S. PGPUB No. 2023/0041901 in further view of Abe et al. U.S. PGPUB No. 2005/0063451. Regarding claim 2, Stibich discloses the claimed invention except that there is no explicit disclosure that the lamp includes a light-emitting tube having transparency to ultraviolet light, and a reflective film formed on an inner wall surface of the light-emitting tube and facing the light emission surface across a tube axis of the light-emitting tube. Abe discloses an ultraviolet light emission device (“a light exposure apparatus per se, and a semiconductor device fabricated using these which are appropriate for exposure light of shorter wavelength in ultraviolet wavelength region or shorter” [0001]) comprising: a lamp includes a light-emitting tube having transparency to ultraviolet light (“The lamp 90 has a transparent bulb 91” [0334]), and a reflective film formed on an inner wall surface of the light-emitting tube and facing the light emission surface across a tube axis of the light-emitting tube (“The bulb 91 is configured so that the heat ray reflecting material layer 24 is provided on the surface of the glass-made base 23. The heat ray reflecting material layer 24 is provided for the purpose of returning the infrared radiation generated by the filament 93 back to the filament 93” [0334]). It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Stibich and Baxter with the reflecting material of Abe in order to provide improved filtering and/or directional control over the emission of light from a lamp so as to more appropriately focus the light in a direction in which it is desired that the light be irradiated. Regarding claim 9, Stibich discloses a second reflection member 42 disposed around the lamp 22 (paragraph [0063] describes plural “sidewalls” and figure 1 illustrates three distinct walls comprising cup portion 42) and located lateral to the light emission surface 22 (as illustrated in figure 1), wherein ultraviolet light reflected by the first reflection member is reflected by the second reflection member and enters the light intensity sensor 74 (figure 1 illustrates a geometry wherein light reflected by a sidewall of reflection member 42 is further reflected by another sidewall); and a third reflection member 42 disposed between the lamp 22 and the light intensity sensor 74, wherein ultraviolet light reflected by the second reflection member is reflected by the third reflection member and enters the light intensity sensor (figure 1 illustrates a geometry wherein light reflected by a sidewall of reflection member 42 is further reflected by another sidewall). Regarding claim 10, Stibich discloses a second reflection member 42 disposed around the lamp 22 (paragraph [0063] describes plural “sidewalls” and figure 1 illustrates three distinct walls comprising cup portion 42) and located lateral to the light emission surface 22 (as illustrated in figure 1), wherein ultraviolet light reflected by the first reflection member is reflected by the second reflection member and enters the light intensity sensor 74 (figure 1 illustrates a geometry wherein light reflected by a sidewall of reflection member 42 is further reflected by another sidewall); and a third reflection member 42 disposed between the lamp 22 and the light intensity sensor 74, wherein ultraviolet light reflected by the second reflection member is reflected by the third reflection member and enters the light intensity sensor (figure 1 illustrates a geometry wherein light reflected by a sidewall of reflection member 42 is further reflected by another sidewall). Regarding claim 11, Stibich discloses that the light intensity sensor 74 faces the first reflection member 42 across the lamp 22. Regarding claim 12, Stibich discloses that a space between a periphery of the excimer lamp and the light intensity sensor has an inert gas atmosphere (“Cooling system 44 shown in FIG. 1 is a forced air system including air inlet 46, air intake duct 48, fan 50, temperature sensor 52, air duct 54 and air outlet 56. In some cases, one or more of air inlet 46, air intake duct 48, air duct 54 and air outlet 56 may include air filters.” [0064]). The space between a periphery of the lamp 22 and the light intensity sensor 74 is a filtered air atmosphere ([Stibich: 0064]) which is an inert gas (“an inert gas, such as… clean air filtered by a filter” [Kobayashi et al. U.S. PGPUB No. 2016/0240413: 0048]). Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stibich U.S. PGPUB No. 2023/0105100 in view of Baxter et al. U.S. PGPUB No. 2023/0041901 in further view of McCanless et al. U.S. PGPUB No. 2022/0096676. Regarding claim 7, Stibich discloses that the light emission surface is a lower surface of the light-emitting tube 22 (since light is emitted downward, in figure 1, to reflector 42), the ultraviolet light emission device including a plurality of the lamps (“the ultraviolet discharge lamp apparatuses described herein may, in some embodiments, include multiple discharge lamps. Such apparatuses may include optical filters and/or reflection systems for each discharge lamp in accordance with the descriptions of such features provided above” [0119]), and a plurality of the light intensity sensors each of which is disposed above the corresponding one of the excimer lamps (“FIG. 9 illustrates an exemplary system 130 including multiple ultraviolet discharge lamp apparatuses 132 and 142 respectively including discharge lamp assemblies 134 and 144 and sensors 136 and 146” [0119]). However, there is no explicit disclosure that lamps are arranged in a lateral direction such that tube axes of the light-emitting tubes are parallel to each other. McCanless discloses an ultraviolet light emission device comprising: an excimer lamp (“The emission element 130 may include one or more energy emission elements, such as (without limitation)… an excimer lamp” [0034]) having an elongated shape (“the enclosed fixture 325 is depicted as including three emission elements 330 having an elongated shape” [0042]) and having a light emission surface that emits ultraviolet light toward an object for irradiation (“exposure of surfaces of a conveyor system to UV energy” [0024]); wherein lamps are arranged in a lateral direction such that tube axes of the light-emitting tubes are parallel to each other (as illustrated in figure 5); a first reflection member 537 disposed around the excimer lamp and facing a part of the light emission surface in a longitudinal direction (as illustrated in figure 5); and a second reflection member is disposed between the excimer lamps adjacent to each other (figure 5 illustrates that each lamp is surrounded by four reflection member surfaces 537 such that the second of these surface is disposed between adjacent lamps). It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Stibich and Baxter with the multiple, parallel, light sources of McCanless in order to improve overall radiation coverage for irradiating a larger surface area with ultraviolet radiation for sterilization. Regarding claim 8, Stibich discloses that the light emission surface is a lower surface of the light-emitting tube 22 (since light is emitted downward, in figure 1, to reflector 42), the ultraviolet light emission device including a plurality of the lamps (“the ultraviolet discharge lamp apparatuses described herein may, in some embodiments, include multiple discharge lamps. Such apparatuses may include optical filters and/or reflection systems for each discharge lamp in accordance with the descriptions of such features provided above” [0119]), and a plurality of the light intensity sensors each of which is disposed above the corresponding one of the excimer lamps (“FIG. 9 illustrates an exemplary system 130 including multiple ultraviolet discharge lamp apparatuses 132 and 142 respectively including discharge lamp assemblies 134 and 144 and sensors 136 and 146” [0119]). However, there is no explicit disclosure that lamps are arranged in a lateral direction such that tube axes of the light-emitting tubes are parallel to each other. McCanless discloses an ultraviolet light emission device comprising: an excimer lamp (“The emission element 130 may include one or more energy emission elements, such as (without limitation)… an excimer lamp” [0034]) having an elongated shape (“the enclosed fixture 325 is depicted as including three emission elements 330 having an elongated shape” [0042]) and having a light emission surface that emits ultraviolet light toward an object for irradiation (“exposure of surfaces of a conveyor system to UV energy” [0024]); wherein lamps are arranged in a lateral direction such that tube axes of the light-emitting tubes are parallel to each other (as illustrated in figure 5); a first reflection member 537 disposed around the excimer lamp and facing a part of the light emission surface in a longitudinal direction (as illustrated in figure 5); and a second reflection member is disposed between the excimer lamps adjacent to each other (figure 5 illustrates that each lamp is surrounded by four reflection member surfaces 537 such that the second of these surface is disposed between adjacent lamps). It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Stibich and Baxter with the multiple, parallel, light sources of McCanless in order to improve overall radiation coverage for irradiating a larger surface area with ultraviolet radiation for sterilization. Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stibich U.S. PGPUB No. 2023/0105100 in view of Baxter et al. U.S. PGPUB No. 2023/0041901 in further view of Abe et al. U.S. PGPUB No. 2005/0063451 in further view of McCanless et al. U.S. PGPUB No. 2022/0096676. Regarding claim 13, Stibich discloses that the light emission surface is a lower surface of the light-emitting tube 22 (since light is emitted downward, in figure 1, to reflector 42), the ultraviolet light emission device including a plurality of the lamps (“the ultraviolet discharge lamp apparatuses described herein may, in some embodiments, include multiple discharge lamps. Such apparatuses may include optical filters and/or reflection systems for each discharge lamp in accordance with the descriptions of such features provided above” [0119]), and a plurality of the light intensity sensors each of which is disposed above the corresponding one of the excimer lamps (“FIG. 9 illustrates an exemplary system 130 including multiple ultraviolet discharge lamp apparatuses 132 and 142 respectively including discharge lamp assemblies 134 and 144 and sensors 136 and 146” [0119]). However, there is no explicit disclosure that lamps are arranged in a lateral direction such that tube axes of the light-emitting tubes are parallel to each other. McCanless discloses an ultraviolet light emission device comprising: an excimer lamp (“The emission element 130 may include one or more energy emission elements, such as (without limitation)… an excimer lamp” [0034]) having an elongated shape (“the enclosed fixture 325 is depicted as including three emission elements 330 having an elongated shape” [0042]) and having a light emission surface that emits ultraviolet light toward an object for irradiation (“exposure of surfaces of a conveyor system to UV energy” [0024]); wherein lamps are arranged in a lateral direction such that tube axes of the light-emitting tubes are parallel to each other (as illustrated in figure 5); a first reflection member 537 disposed around the excimer lamp and facing a part of the light emission surface in a longitudinal direction (as illustrated in figure 5); and a second reflection member is disposed between the excimer lamps adjacent to each other (figure 5 illustrates that each lamp is surrounded by four reflection member surfaces 537 such that the second of these surface is disposed between adjacent lamps). It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Stibich, Baxter, and Abe with the multiple, parallel, light sources of McCanless in order to improve overall radiation coverage for irradiating a larger surface area with ultraviolet radiation for sterilization. Regarding claim 14, Stibich discloses that the light emission surface is a lower surface of the light-emitting tube 22 (since light is emitted downward, in figure 1, to reflector 42), the ultraviolet light emission device including a plurality of the lamps (“the ultraviolet discharge lamp apparatuses described herein may, in some embodiments, include multiple discharge lamps. Such apparatuses may include optical filters and/or reflection systems for each discharge lamp in accordance with the descriptions of such features provided above” [0119]), and a plurality of the light intensity sensors each of which is disposed above the corresponding one of the excimer lamps (“FIG. 9 illustrates an exemplary system 130 including multiple ultraviolet discharge lamp apparatuses 132 and 142 respectively including discharge lamp assemblies 134 and 144 and sensors 136 and 146” [0119]). However, there is no explicit disclosure that lamps are arranged in a lateral direction such that tube axes of the light-emitting tubes are parallel to each other. McCanless discloses an ultraviolet light emission device comprising: an excimer lamp (“The emission element 130 may include one or more energy emission elements, such as (without limitation)… an excimer lamp” [0034]) having an elongated shape (“the enclosed fixture 325 is depicted as including three emission elements 330 having an elongated shape” [0042]) and having a light emission surface that emits ultraviolet light toward an object for irradiation (“exposure of surfaces of a conveyor system to UV energy” [0024]); wherein lamps are arranged in a lateral direction such that tube axes of the light-emitting tubes are parallel to each other (as illustrated in figure 5); a first reflection member 537 disposed around the excimer lamp and facing a part of the light emission surface in a longitudinal direction (as illustrated in figure 5); and a second reflection member is disposed between the excimer lamps adjacent to each other (figure 5 illustrates that each lamp is surrounded by four reflection member surfaces 537 such that the second of these surface is disposed between adjacent lamps). It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Stibich, Baxter, and Abe with the multiple, parallel, light sources of McCanless in order to improve overall radiation coverage for irradiating a larger surface area with ultraviolet radiation for sterilization. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST. 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, Robert Kim can be reached at 571-272-2293. 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. /JASON L MCCORMACK/Examiner, Art Unit 2881
Read full office action

Prosecution Timeline

Jan 24, 2024
Application Filed
Feb 13, 2026
Non-Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
92%
With Interview (+8.2%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 1016 resolved cases by this examiner. Grant probability derived from career allow rate.

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