DETAILED ACTION
This detailed action is in response to the amendments and arguments filed on 04/06/2026, and any subsequent filings.
Notations “C_”, “L_” and “Pr_” are used to mean “column_”, “line_” and “paragraph_”.
Claims 6-10 and 16-17 are canceled. Claims 22-23 are pending. Claims 1-5, 11-15 and 18-23 are pending.
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 .
Response to Arguments
Claim Rejections - 35 USC § 102
The Applicant argues that reference Smith does not teach the amended Claims 1 and 2 (pg. 7-8). This argument is unpersuasive because this is directed towards the amended claims.
Response to Amendment
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
Claim 1 reads “without heating”. The originally filed specification of the instant application describes water sterilization line 50 as sterilizing the water without heating, where the water sterilization line 50 may sterilize the water by using ultraviolet rays and wherein “to sterilize without heating” means to sterilize the water without using thermal energy from, for example, an electric heater or vapor (specification filed 08/25/2023, [0086]). As ultraviolet radiation inherently produces thermal energy, the interpretation of the claim limitation “without heating” includes, but is not limited to, sterilizing without using thermal energy from a component distinct from the sterilizer of the instant claim.
Claims depending on Claim 1 are also affected by this interpretation.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 22-23 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 22 reads “a longitudinal axis of each of the ultraviolet lamps in the plurality of the ultraviolet lamps adjacent to each other in the direction in which the water is configured to move respectively extends in different directions when viewed in the direction in which the water is configured to move.”, whereas Claim 1, upon which Claim 22 depends, reads “ultraviolet lamps in the plurality of ultraviolet lamps adjacent to each other in the direction in which the water is configured to move respectively extend in different directions when viewed in the direction in which the water is configured to move.” As Claim 1 refers to “ultraviolet lamps… extend in different directions” and a longitudinal axis runs lengthwise through an object, Claim 1 refers to the longitudinal axis of the ultraviolet lamps. Thus, Claim 22 does not constitute a further limitation.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Dependent claims not recited above require all of the limitations of Claim 22, and therefore are rejected for the same reasons set forth above.
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 1-5, 15, 18 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent US5376281A (‘Safta’) in view of U.S. Publication US20080105606A1 (‘Girodet’).
The Applicant’s claims are directed towards an apparatus.
Regarding Claims 1, 5, 15, 18 and 22, Safta teaches a water sterilizer that sterilizes (abstract), without heating (C6/L3-7, heating inherent in ultraviolet radiation), water that is used by a content-filling system (Fig. 1, C6/L61-C7/L3, bottling preparation facility 62) that fills a content in a container, the water sterilizer comprising:
a foreign-material removal filter (Fig. 1, C5/L36-38, fine filter 14) that removes foreign material in the water;
a first sterilizer (Fig. 1, C6/L21-28, UV radiator 26) that is disposed downstream of the foreign-material removal filter (Fig. 1);
a first sterile filter (Fig. 1, C6/L38-40, microfiltration stages 48, 50) that is disposed downstream of the first sterilizer (Fig. 1);
a second sterilizer (Fig. 1, C6/L41-43, UV radiator 52) that is disposed downstream of the first sterile filter (Fig. 1); and
a second sterile filter (Fig. 1, C6/L44-46, ultrafilter 54) that is disposed downstream of the second sterilizer (Fig. 1),
wherein the first sterilizer and the second sterilizer sterilize the water by using an ultraviolet ray (C6/21-28 and C6/L41-43),
wherein the first sterilizer includes a body that is hollow (Fig. 2, C5/L26-34) and an ultraviolet radiation unit that is disposed in the body (Fig. 2),
an introduction portion (Fig. 2) that is configured to introduce the water into the body is formed at a first end portion of the body,
a discharge portion (Fig. 2) that is configured to discharge the water that is sterilized from the body is formed at a second end portion of the body, and
the ultraviolet radiation unit includes a plurality of ultraviolet lamps (Fig. 2, C5/L8-12, plurality of ultraviolet lamps 102) that are arranged in a direction (Fig. 2, C5/L8-12) in which the water is configured to move,
wherein the plurality of ultraviolet lamps extends in a direction perpendicular (C5/L8-12 and Fig. 2, C5/L20-25, passes around the plurality of ultraviolet lamps 102) to the direction in which the water is configured to move.
Safta does not teach that ultraviolet lamps in the plurality of ultraviolet lamps adjacent to each other in the direction in which the water is configured to move respectively extend in different directions when viewed in the direction in which the water is configured to move.
Girodet also relates to a water sterilizer ([0001]), including that ultraviolet lamps in the plurality of ultraviolet lamps adjacent to each other in the direction in which the water is configured to move respectively extend in different directions (Fig. 1, [0026-0027]) when viewed in the direction in which the water is configured to move.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the plurality of ultraviolet lamps of Safta to extend in different directions, as demonstrated by Girodet, to improve the distribution of the UV radiation and dose distribution (Girodet, [0027]).
Additional Disclosures Included:
Regarding Claims 2 and 4: Safta teaches a water sterilizer that sterilizes (abstract), without heating (C6/L3-7, heating inherent in ultraviolet radiation), water that is used by a content-filling system (Fig. 1, C6/L61-C7/L3, bottling preparation facility 62) that fills a content in a container, the water sterilizer comprising:
a foreign-material removal filter (Fig. 1, C5/L36-38, fine filter 14) that removes foreign material in the water;
a first sterilizer (Fig. 1, C6/L21-28, UV radiator 26) that is disposed downstream of the foreign-material removal filter (Fig. 1);
a first sterile filter (Fig. 1, C6/L38-40, microfiltration stages 48, 50) that is disposed downstream of the first sterilizer (Fig. 1);
a second sterile filter (Fig. 1, C6/L44-46, ultrafilter 54) that is disposed downstream of the second sterilizer (Fig. 1),
wherein the first sterilizer sterilizes the water by using an ultraviolet ray (C6/21-28),
wherein the first sterilizer includes a body that is hollow (Fig. 2, C5/L26-34) and an ultraviolet radiation unit that is disposed in the body (Fig. 2),
an introduction portion (Fig. 2) that is configured to introduce the water into the body is formed at a first end portion of the body,
a discharge portion (Fig. 2) that is configured to discharge the water that is sterilized from the body is formed at a second end portion of the body, and
the ultraviolet radiation unit includes a plurality of ultraviolet lamps (Fig. 2, C5/L8-12, plurality of ultraviolet lamps 102) that are arranged in a direction (Fig. 2, C5/L8-12) in which the water is configured to move,
wherein the plurality of ultraviolet lamps extends in a direction perpendicular (C5/L8-12 and Fig. 2, C5/L20-25, passes around the plurality of ultraviolet lamps 102) to the direction in which the water is configured to move.
Safta does not teach that ultraviolet lamps in the plurality of ultraviolet lamps adjacent to each other in the direction in which the water is configured to move respectively extend in different directions when viewed in the direction in which the water is configured to move.
Girodet also relates to a water sterilizer ([0001]), including that ultraviolet lamps in the plurality of ultraviolet lamps adjacent to each other in the direction in which the water is configured to move respectively extend in different directions (Fig. 1, [0026-0027]) when viewed in the direction in which the water is configured to move.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the plurality of ultraviolet lamps of Safta to extend in different directions, as demonstrated by Girodet, to improve the distribution of the UV radiation and dose distribution (Girodet, [0027]).
Regarding Claim 3, Safta teaches a water sterilizer that sterilizes (abstract), without heating (C6/L3-7, heating inherent in ultraviolet radiation), water that is used by a content-filling system (Fig. 1, C6/L61-C7/L3, bottling preparation facility 62) that fills a content in a container, the water sterilizer comprising:
a first sterilizer (Fig. 1, C6/L21-28, UV radiator 26) that sterilizes the water;
a first sterile filter (Fig. 1, C6/L38-40, microfiltration stages 48, 50) that is disposed downstream of the first sterilizer (Fig. 1);
a second sterile filter (Fig. 1, C6/L44-46, ultrafilter 54) that is disposed downstream of the first sterile filter (Fig. 1),
wherein the first sterilizer sterilizes the water by using an ultraviolet ray (C6/21-28 and C6/L41-43),
wherein the first sterilizer includes a body that is hollow (Fig. 2, C5/L26-34) and an ultraviolet radiation unit that is disposed in the body (Fig. 2),
an introduction portion (Fig. 2) that is configured to introduce the water into the body is formed at a first end portion of the body,
a discharge portion (Fig. 2) that is configured to discharge the water that is sterilized from the body is formed at a second end portion of the body, and
the ultraviolet radiation unit includes a plurality of ultraviolet lamps (Fig. 2, C5/L8-12, plurality of ultraviolet lamps 102) that are arranged in a direction (Fig. 2, C5/L8-12) in which the water is configured to move,
wherein the plurality of ultraviolet lamps extends in a direction perpendicular (C5/L8-12 and Fig. 2, C5/L20-25, passes around the plurality of ultraviolet lamps 102) to the direction in which the water is configured to move.
Safta does not teach that ultraviolet lamps in the plurality of ultraviolet lamps adjacent to each other in the direction in which the water is configured to move respectively extend in different directions when viewed in the direction in which the water is configured to move.
Girodet also relates to a water sterilizer ([0001]), including that ultraviolet lamps in the plurality of ultraviolet lamps adjacent to each other in the direction in which the water is configured to move respectively extend in different directions (Fig. 1, [0026-0027]) when viewed in the direction in which the water is configured to move.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the plurality of ultraviolet lamps of Safta to extend in different directions, as demonstrated by Girodet, to improve the distribution of the UV radiation and dose distribution (Girodet, [0027]).
Claim 4: a second sterilizer (Safta, Fig. 1, C6/L41-43, UV radiator 52) that is disposed between the first sterile filter and the second sterile filter.
Claim 5: H0, ΣR1, Σl, ΣR2, and FSO satisfy a relationship of H0 - ΣR1 + Σl - ΣR2 ≤ FSO (Safta, Fig. 1, C7/L11-26, water can be sent to storage tank 60 after being treated by UV radiator 12 and filter stages 14, 16), where H0 is an initial microbial level in the water before the water enters the first sterile filter, ΣR1 is a microbial decrease level in the water due to the first sterile filter, Σl is a microbial increase level in the water while the water passes through the first sterile filter, ΣR2 is the microbial decrease level in the water due to the second sterilizer, and FSO is a target value for a microbial level in the water after the water passes through the water sterilizer.
Claim 15: the water sterilizer continues to sterilize the water without stopping sterilizing the water while a product bottle is manufactured in a manner in which the content is filled in the container at the content-filling system (Safta, Fig. 1, C6/L58-C7/L3. Water output is sent to storage tank 60 and water is supplied from storage tank 60 to bottling preparation facility 62).
Claim 18: a mesh size of the second sterile filter is equal to or smaller (Safta, C6/L38-46, ultra filter 54 and microfiltration stages 48, 50) than a mesh size of the first sterile filter.
Claim 22: a longitudinal axis of each of the ultraviolet lamps in the plurality of the ultraviolet lamps adjacent to each other in the direction in which the water is configured to move respectively extends in different directions (Girodet, Fig. 1) when viewed in the direction in which the water is configured to move.
Claims 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent US5376281A (‘Safta’) and U.S. Publication US20080105606A1 (‘Girodet’) as applied to claim 1 above, and further in view of U.S. Patent US4175140A (‘Bachmann’).
The Applicant’s claims are directed towards an apparatus.
Regarding Claim 11, the combination of Safta and Girodet teaches the water sterilizer of Claim 1, except that each of the plurality of ultraviolet lamps is a low-pressure mercury lamp or an intermediate-pressure mercury lamp.
Bachmann also relates to a sterilizer (abstract), including a low-pressure mercury lamp (C2/L32-45 and C5/L11-19) or an intermediate-pressure mercury lamp.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for each of the plurality of ultraviolet lamps of the combination of Safta and Girodet to be a low-pressure mercury lamp or an intermediate-pressure mercury lamp, as demonstrated by Bachmann, for disinfection (Bachmann, C1/L12-18) by means of ultraviolet radiation practical on an industrial level (Bachmann, C3/L11-17).
Regarding Claim 14, the combination of Safta and Girodet teaches the water sterilizer of Claim 1, except for a cumulative irradiation amount of the ultraviolet ray to the water is 10 mJ/cm2 or more and 10000 mJ/cm2 or less.
Bachmann teaches a cumulative irradiation amount of the ultraviolet ray to the water is 10 mJ/cm2 or more and 10000 mJ/cm2 or less (C4/L35-43, 1.5 J/cm2, when converted).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose the cumulative irradiation amount of the combination of Safta and Girodet, such as the cumulative irradiation amount of Bachmann, to destroy microorganisms (Bachmann, C6/L29-50).
Claims 12, 19-20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent US5376281A (‘Safta’) and U.S. Publication US20080105606A1 (‘Girodet’) as applied to claims 1 and 22 above, and further in view of U.S. Publication US20180273412A1 (‘Hall’).
The Applicant’s claims are directed towards an apparatus.
Regarding Claim 12, the combination of Safta and Girodet teaches the water sterilizer of Claim 1, except for a baffle plate that restricts flow of the water is disposed in the body.
Hall also relates to a water sterilizer ([0067]), including a baffle plate (Fig. 3, [0127-0128], baffle 315) that restricts flow of the water is disposed in the body (Fig. 3, [0127], reactor vessel 300).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Safta and Girodet and the baffle plate of Hall to provide mixing or turbulence.
Regarding Claims 19-20, the combination of Safta and Girodet teaches the water sterilizer of Claim 1, except that a mesh size of the second sterile filter is 0.1 μm or more and 0.45 μm or less and a mesh size of the first sterile filter is 0.1 μm or more and 0.45 μm or less.
Hall teaches a mesh size of the second sterile filter is 0.1 μm or more and 0.45 μm or less and a mesh size of the first sterile filter is 0.1 μm or more and 0.45 μm or less ([0074]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose the mesh size of the first sterile filter and second sterile filter of Safta and Girodet, such as the mesh sizes of Hall, to remove or trap particles of at least a target size (Hall, [0074]) and to prevent particles having an undesirable size characteristic being in the product water (Hall, [0076]).
Regarding Claim 23, the combination of Safta and Girodet teaches the water sterilizer of Claim 22, except that the longitudinal axis of each of the ultraviolet lamps in the plurality of the ultraviolet lamps is perpendicular to a longitudinal axis of the ultraviolet radiation unit.
Hall teaches that the longitudinal axis of each of the ultraviolet lamps in the plurality of the ultraviolet lamps is perpendicular to a longitudinal axis of the ultraviolet radiation unit (Fig. 4A-4B, [0116]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the longitudinal axes of the ultraviolet lamps of Safta and Girodet to be perpendicular to the longitudinal axis of the ultraviolet radiation unit, as demonstrated by Hall, to provide multiple illumination vectors (Hall, Fig. 4A-4B, [0136]) and to provide a uniform level of intensity in the ultraviolet radiation unit (Hall, [0118]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent US5376281A (‘Safta’) and U.S. Publication US20080105606A1 (‘Girodet’) as applied to claims 1 and 22 above, and further in view of U.S. Publication US20180273412A1 (‘Hall’) and U.S. Publication US20030094406A1 (‘Smith’).
The Applicant’s claim is directed towards an apparatus.
Regarding Claim 13, the combination of Safta and Girodet teaches the water sterilizer of Claim 1, except that the water sterilizer sterilizes the water having an electrical conductivity of 0.1 μS/cm or more and 20 μS/cm or less.
Hall teaches that water sterilizer sterilizes the water having an electrical conductivity of 0.1 μS/cm or more and 20 μS/cm or less ([0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose an electrical conductivity of the water of Safta and Girodet, such as the electrical conductivity of Hall, based on a requirement to produce water of a reduced conductivity (Smith, [0079]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent US5376281A (‘Safta’) and U.S. Publication US20080105606A1 (‘Girodet’) as applied to claim 1 above, and further in view of Japanese Publication JP2017070255A (‘Kakiiwa’. Machine translations accompany this detailed action and the claims are mapped to those translations and the drawings in the original documents).
The Applicant’s claim is directed towards an apparatus.
Regarding Claim 21, the combination of Safta and Girodet teaches the water sterilizer of Claim 1, including a content-filling system (Safta, Fig. 1, C6/L61-64, bottling preparation facility 62) comprising: the water sterilizer according to claim 1 (Safta, C6/L61-64); and a filling device that fills water that is sterilized by the water sterilizer (Safta, C6/L61-C7/L3), except for a product undiluted solution in a container; and a cap-mounting device that caps that container by using a cap.
Kakiiwa also relates to a content-filling system ([0001]) comprising a water sterilizer ([0009]), including a product undiluted solution in a container ([0007]); and a cap-mounting device ([0035], capper) that caps that container by using a cap.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the content-filling system of the combination of Safta and Girodet to include a product undiluted solution, as demonstrated by Kakiiwa, to provide a flavored beverage (Kakiiwa, [0045] and [0005]). It would have been obvious for the content-filling system of Safta and Girodet to include a cap-mounting device, as demonstrated by Kakiiwa, to extend the shelf life of the beverages (Kakiiwa, [0042]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOI-LIEN THI NGUYEN whose telephone number is (703)756-4613. The examiner can normally be reached Monday to Friday, 8 am to 6 pm.
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/BOI-LIEN THI NGUYEN/Examiner, Art Unit 1779
/Bobby Ramdhanie/Supervisory Patent Examiner, Art Unit 1779
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