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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a protector” in claim 1 and “a light shield” in claims 5-11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 12-15, 17 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jung (KR 20210002442 with reliance upon the provided machine translation).
In regard to claim 1, Jung discloses an ultraviolet ray radiation apparatus (main body 1) comprising a light emitter (light source 11) configured to emit ultraviolet light; a light receiver (photodetector 21) configured to output a signal varying with an amount of light received (“transmits an electrical signal corresponding to the amount of light received to the sensitivity adjustment unit;” [0028]); and a protector (filter member 25, light path conversion unit 30 and/or optical member 15) configured to protect the light receiver from ultraviolet light. See paragraphs [0023]-[0031] and Figure 1.
In regard to claim 2, Jung discloses wherein the protector (filter member 25 and/or optical member 15) is configured to attenuate an amount of ultraviolet light entering the light receiver (the filter member 25 functions to “filter light other than ultraviolet light of a predetermined wavelength irradiated from a light source” while optical member 15 “transmits some light irradiated from the light source” and reflects some from the incident surface 15a; [0028]-[0029]). See Figure 1.
In regard to claim 3-4, Jung discloses wherein the protector includes a reflector (optical member 15 or light path conversion unit 30 can both reflect light; [0029]) configured to reflect ultraviolet light at least once before the ultraviolet light enters the light receiver from the light emitter. See Figure 1.
In regard to claims 5-7, Jung discloses wherein the protector includes a light shield (filter member 25) configured to block light with a wavelength shorter than a peak wavelength of ultraviolet light emitted from the light emitter (the filter member 25 functions to “filter light other than ultraviolet light of a predetermined wavelength irradiated from a light source” which the predetermined wavelength is equivalent to the recited peak wavelength; [0028]). See Figure 1.
In regard to claims 12-15, Jung discloses wherein the light emitter is an LED. See [0008].
In regard to claim 17, Jung discloses a control unit (sensitivity adjustment unit 40) configured to adjust a driving current of the LED (light source 11 can be an LED; [0008]) based on a signal from the light receiver (photodetector 21) to control an amount of light emitted from the LED. See [0030] and Figure 1.
In regard to claim 19, Jung discloses wherein the light emitter and the light receiver are integrated together as they are both components of the main body 1 as depicted in Figure 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 8-11, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claims 1-3 and 5 above.
In regard to claims 8-11 and 18, Jung discloses wherein the protector includes a light shield/optical filter (filter member 25) which is provided in front of the light receiver. See Figure 1 and [0028].
Jung does not explicitly disclose wherein the filter member 25 is configured to block light with a wavelength less than or equal to 280 nm or greater than or equal to 300 nm. Jung does disclose wherein the filter member 25 functions to “filter light other than ultraviolet light of a predetermined wavelength irradiated from a light source.” See [0028].
However, it would have been within the ambit of one of ordinary skill in the art before the effective filing date of the claimed invention to have determined an optimum or workable range of wavelength for the light source 11 to produce and to have the filter member filter out light other than the ultraviolet light of the wavelength produced by the light source through routine experimentation and without creating any new or unexpected results. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). It is further noted that the instant application does not disclose the criticality of the disclosed wavelength ranges which are to be filtered.
In regard to claim 16, Jung discloses wherein the light emitter is an LED as applied to claims 12-15 above. See [0008].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY C CLEVELAND whose telephone number is (571)270-5041. The examiner can normally be reached M-F 7:30 AM - 3:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY C CLEVELAND/Primary Examiner, Art Unit 1774
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