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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/10/2026 has been entered.
Claims 1-12, 14-16, and 18-22 remain pending in the present application. Claims 1-5, 7, 9-10, 16, and 21- 22 are currently amended. Claims 1-12, 14-16, and 18-22 are examined on the merits.
Applicant’s amendments have been acknowledged, and overcome each and every 112(a) and 112(b) rejection previously set forth in the final office action mailed 7/28/2026. All previous 112(a) and 112(b) rejections have been withdrawn.
Response to Arguments
Applicant's arguments filed 9/10/2026 have been fully considered but they are not persuasive.
Applicant argues that Xipeng is directed to an eye-moisturizing nebulizer rather than an ophthalmic drug dispenser. However, Xipeng explicitly references such devices being used for ophthalmic medicine. Further, Stowe also refers to eye moistening compositions as being in the same family as ophthalmic drugs (¶ 4 refers to artificial tear formulations). Thus, eye moistening is interpreted as being a pharmaceutical application (i.e. in the treatment of dry eye), providing a therapeutic effect inherently relying on an active therapeutic agent (i.e. whichever substances provide said moistening therapeutic effect).
Applicant further argues Stowe also fails to disclose an additive comprising a light absorbing compound. Coker is relied on for this limitation as set forth in the rejection below. Applicant also cites paragraph 84 of Stowe in using a UV shield. However, this element is not incorporated in the rejection below. Stowe also indicates this feature as optional.
Applicant argues Coker also relates to sterilization for blood products rather than an ophthalmic dispenser. However, Examiner maintains that Coker is reasonably pertinent to the problem Applicant seeks to solve, the problem being the sterilizing of medical fluids with UV light. The principles of sterilization between blood products and ophthalmic products are closely related such that one of ordinary skill in the art would be capable of modifying Xipeng and Stowe as set forth below.
Applicant’s arguments regarding the dependent claims are similarly not persuasive as claims 1, 7, and 16 remain rejected as set forth below.
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.
Claims 1-12, 14-16, and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Xipeng (CN 212490363 U; citations are made to translation provided in the 7/28/26 Final Rejection), in view of Stowe (US 2020/0360180 A1) and Sowemimo-Coker et al. (US 2019/0275152 A1) (hereinafter “Coker”).
Regarding claim 1, Xipeng discloses a fluid dispenser cartridge (Fig. 1; Background; eye liquid container 2 and atomizing base 3), comprising:
a chamber (upper end 1) defining a reservoir (container 2) retaining an aqueous fluid (last three paragraphs on page 4; background also indicates eye drops which would include aqueous fluid; page 2, first to third paragraphs describe eye moisturizing, thus also indicating aqueous fluid);
a dispensing head comprising a nozzle (groove 16 and liquid outlet 14); and
wherein at least a region of the chamber is partially transparent (page sixth paragraph and page 4 second to last paragraph indicate the liquid container is transparent), wherein the aqueous fluid comprises a pharmaceutical fluid containing an active therapeutic agent for medicating an eye (the background indicates the use of medicine; page 2, first to third paragraph also indicate an eye moisturizing effect).
Xipeng does not explicitly teach a polymeric nozzle cover movably coupled to the dispensing head or the fluid including an additive, wherein the additive comprises a light absorbing compounds that produces a sterilizing effect in response to absorbing UV light.
However, Stowe discloses a fluid dispenser cartridge (Figs. 1-3 and 22-23; Abstract; cartridge 20), thus being in the same field of endeavor, comprising:
a dispensing head comprising a nozzle (head 35 and nozzle 37); and
a polymeric nozzle cover (cap 50) movably coupled to the dispensing head (¶ 53), the polymeric nozzle cover comprises a thermoplastic elastomer that is at least partially transparent to UV light having a wavelength of 265 nm to 285 nm (¶s 83 and 117).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng to comprise the nozzle cover of Stowe. Doing so would be advantageous in protecting the components of the dispenser, such as during loading (¶ 54 of Stowe).
The combination still does not explicitly teach an additive, wherein the additive comprises a light absorbing compounds that produces a sterilizing effect in response to absorbing UV light.
However, in addressing the same problem as applicant, the problem being the sterilization of medical fluids with UV light of different wavelengths, Coker teaches a sterilization method using photosensitizers, such as riboflavin, with UVA light to provide sterilization (¶ 51), which is absorbed through plastic transmissible by wavelengths between 320 and 400 nm (¶ 38, said range overlapping, and thus anticipating, the claimed range of 340-440 nm, particularly as Coker is also directed to the use of UVA light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UV reactive photosensitizers, as taught by Coker. Doing so would be advantageous in reducing pathogens (as recognized in ¶ 4 of Coker).
Further, the limitations of the reservoir the chamber being partially transparent “so that UV light can penetrate into the reservoir and activate the light absorbing compound disposed within the reservoir” are considered functional language. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function, because apparatus claims cover what a device is, not what a device does. See MPEP 2112.02. Thus, if a prior art structure is capable of performing the intended use as recited the claim, then it meets the claim. In the instant case, the device and reservoir of Xipeng, Stowe, and Coker has all the structure of the device as claimed. As such, it is capable of performing the functions as claimed.
Regarding claim 2, Coker further teaches using UVA light to provide sterilization (¶ 51), which is absorbed through plastic transmissible by wavelengths between 320 and 400 nm (¶ 38, said range overlapping, and thus anticipating, the claimed range of 340-440 nm, particularly as Coker is also directed to the use of UVA light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UVA light which corresponds to the photosensitizers of Coker. Doing so would thus comprise the use of UVA light having a wavelength that falls within 340-440 nm. Doing so would be advantageous in increasing the types of plastics that may be suitable (¶ 38 of Coker), and would also be an advantageous in allowing the use of lower energy, less dangerous UV light wavelengths.
Regarding claim 3, Coker further teaches the light absorbing compound comprises riboflavin (¶s 4 and 51).
As previously stated, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UV reactive photosensitizers, as taught by Coker. Doing so would thus comprise riboflavin. Doing so would be advantageous in reducing pathogens (as recognized in ¶ 4 of Coker).
Regarding claim 4, Stowe further teaches the polymeric nozzle cover comprises a thermoplastic elastomer that is at least partially transparent to UV light having a wavelength of 265 nm to 285 nm (¶s 83 and 117).
As previously stated, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng to comprise the nozzle cover of Stowe. Doing so would thus comprise the nozzle cover being at least partially transparent. Doing so would be advantageous in protecting the components of the dispenser, such as during loading (¶ 54 of Stowe).
The combination still does not explicitly teach said nozzle cover being transparent to UV light having a wavelength of 340-440 nm.
However, Coker teaches using UVA light to provide sterilization (¶ 51), which is absorbed through plastic transmissible by wavelengths between 320 and 400 nm (¶ 38, said range overlapping, and thus anticipating, the claimed range of 340-440 nm, particularly as Coker is also directed to the use of UVA light).
As previously stated, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UVA light and photosensitizers, and to comprise a plastic material transparent to light having a wavelength of 340-440 nm, as taught by Coker. Doing so would thus comprise the polymeric nozzle cover comprising a thermoplastic elastomer that is at least partially transparent to UV light having a wavelength of 340-440 nm. Doing so would be advantageous in increasing the types of plastics that may be suitable (¶ 38 of Coker), and would also be an advantageous in allowing the use of lower energy, less dangerous UV light wavelengths.
Regarding claim 5, Xipeng further teaches the aqueous fluid comprises an ophthalmic solution (page 2 describes eye liquid and eye moisturizing) and the ophthalmic solution is administered to the eye of the subject (page 2).
Regarding claim 6, Stowe teaches being configured to retain an aqueous fluid, wherein the aqueous ophthalmic fluid is preservative-free (¶s 8 and 85).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aqueous fluid of Xipeng, Stowe, and Coker to explicitly be preservative-free, as taught by Stowe. Doing so would be advantageous in avoiding damage and corneal sensitization (¶ 8 of Stowe).
Regarding claim 7, Xipeng teaches a fluid dispenser cartridge (Fig. 1; Background), comprising:
a fluid dispensing cartridge comprising (eye liquid container 2 and atomizing base 3) comprising:
a chamber (upper end 1) providing a reservoir (container 2) retaining an aqueous fluid (last three paragraphs on page 4; background also indicates eye drops which would include aqueous fluid; page 2, first to third paragraphs describe eye moisturizing, thus also indicating aqueous fluid), wherein the aqueous fluid comprises a pharmaceutical fluid containing an active therapeutic agent for medicating an eye (the background indicates the use of medicine; page 2, first to third paragraph also indicate an eye moisturizing effect), wherein at least a portion of the chamber is partially transparent (page sixth paragraph and page 4 second to last paragraph indicate the liquid container is transparent);
a dispensing head comprising a nozzle (groove 16 and liquid outlet 14); and
a sterilizing light assembly positioned to illuminate the portion of the chamber that is partially transparent (ultraviolet germicidal lamp; second to last paragraph on page 4).
Xipeng does not explicitly teach the use of UVA light, the fluid including an additive, wherein the additive comprises a light absorbing compounds that produces a sterilizing effect in response to absorbing UVA light, or a polymeric nozzle cover movably coupled to the dispensing head or an applicator configured to releasably retain the fluid dispenser cartridge, the applicator comprising:
a first opening configured to receive the cartridge; and
a second opening positioned adjacent nozzle of the fluid cartridge when the fluid cartridge is disposed within the first opening.
However, Stowe teaches a fluid dispensing system (device 10; Abstract), thus being in the same field of endeavor, comprising:
a fluid dispenser cartridge (Figs. 1-3 and 22-23; Abstract; cartridge 20), comprising:
a chamber (housing 30) providing a reservoir (chamber 40) configured to retain a fluid (¶ 52);
a dispensing head comprising a nozzle (head 35 and nozzle 37); and
a polymeric nozzle cover (cap 50) removably coupled to the dispensing head (¶ 53),
wherein at least a region of the fluid dispenser cartridge is partially transparent (¶s 78 and 83 describe portions of the device including the cap are at least partially transparent);
an applicator (applicator 15 in Figs. 22-23) configured to releasably retain the fluid dispenser cartridge (¶ 50 describes that cartridge 20 is removably positioned within the applicator 15), the applicator comprising:
a first opening configured to receive the cartridge (best seen in Fig. 1 which shows applicator 15 being opened to receive cartridge 20); and
a second opening positioned adjacent nozzle of the fluid cartridge when the fluid cartridge is disposed within the first opening (opening 326, covered by dust covered 325 and is adjacent to nozzle 37; ¶ 69).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng to comprise the nozzle cover of Stowe. Doing so would be advantageous in protecting the components of the dispenser, such as during loading (¶ 54 of Stowe).
It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng to comprise the applicator of Stowe. Doing so would thus comprise an applicator configured to releasably retain the fluid dispenser cartridge, the applicator comprising: a first opening configured to receive the cartridge; and a second opening positioned adjacent nozzle of the fluid cartridge when the fluid cartridge is disposed within the first opening.
Doing so would be advantageous in providing intelligent features, as well as orientation assisting features (¶s 69 and 78 of Stowe).
The combination does not explicitly teach the use of UVA light or the fluid including an additive, wherein the additive comprises a light absorbing compounds that produces a sterilizing effect in response to absorbing UVA light.
However, in addressing the same problem as applicant, the problem being the sterilization of medical fluids with UV light of different wavelengths, Coker teaches a sterilization method using photosensitizers, such as riboflavin, with UVA light to provide sterilization (¶ 51), which is absorbed through plastic transmissible by wavelengths between 320 and 400 nm (¶ 38, said range overlapping, and thus anticipating, the claimed range of 340-440 nm, particularly as Coker is also directed to the use of UVA light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UVA light and reactive photosensitizers, as taught by Coker. Doing so would be advantageous in reducing pathogens (as recognized in ¶ 4 of Coker), in increasing the types of plastics that may be suitable for construction (¶ 38 ), and would also be an advantageous in allowing the use of lower energy, less dangerous UV light wavelengths.
Regarding claim 8, Xipeng further teaches a shutter comprising an inward-facing surface that faces the nozzle when the shutter is in the closed position (sliding plate 11 described in the third to last paragraph on page 4).
Stowe further teaches a shutter coupled to the applicator (dust cover 325) and configured to articulate between a closed position and an open position (¶ 69 describes how a button is used to actuate the dust cover), wherein the shutter is configured to actuate the polymeric nozzle cover to expose the nozzle when the shutter is articulated from the closed position to the open position (¶ 82 describes how the cap nozzle 50 is mechanically linked to the same activation button that operates the dust cover 325), wherein the shutter comprises an inward-facing surface, wherein the inward-facing surface faces the nozzle when the shutter is in the closed position (the surface of cover 325 facing the cap nozzle 50), and wherein the UV light assembly coupled to the inward-facing surface of the shutter (¶ 93 describes how the sterilizing light assembly is coupled to the dust cover 325 such that it is activated only once the dust cover 325 is closed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shutter of Xipeng to be coupled to the applicator and configured to articulate between a closed position and an open, wherein the shutter is configured to actuate the polymeric nozzle cover to expose the nozzle when the shutter is articulated from the closed position to the open position, wherein the shutter comprises an inward-facing surface, wherein the inward-facing surface faces the nozzle when the shutter is in the closed, and wherein the sterilizing light assembly coupled to the inward-facing surface of the shutter, as taught by Stowe. Doing so would be advantageous in ensuring the cover is closed for protection before the use of UV light (¶s 83, 85, and 93 of Stowe).
Regarding claim 9, Coker further teaches the light absorbing compound is riboflavin and absorbs UVA light (¶s 4, 38, and 51 describes how the sterilizing light absorber, riboflavin, absorbs UVA light in the wavelength of 320 and 400 nm, which overlaps and anticipates the claimed range of 340-440nm).
As previously stated, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UVA light and photosensitizers, as taught by Coker. Doing so with thus comprise light absorbing compound that absorbs light having a wavelength of 340-440 nm. Doing so would be advantageous in increasing the types of plastics that may be suitable for construction (¶ 38 of Coker), and would also be advantageous in allowing the use of lower energy, less dangerous UV light wavelengths.
Regarding claim 10, Stowe teaches the polymeric nozzle cover comprises a thermoplastic elastomer that is at least partially transparent to sterilizing light having a wavelength of 265 nm to 285 nm (¶ 117).
As previously stated, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng to comprise the nozzle cover of Stowe. Doing so would be advantageous in protecting the components of the dispenser, such as during loading (¶ 54 of Stowe).
Coker teaches a sterilization method using photosensitizers, such as riboflavin, with UVA light to provide sterilization (¶ 51), which is absorbed through plastic transmissible by wavelengths between 320 and 400 nm (¶ 38, said range overlapping, and thus anticipating, the claimed range of 340-440 nm, particularly as Coker is also directed to the use of UVA light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the device of Xipeng, Stowe, and Coker to use UVA light and photosensitizers, and to comprise a plastic material transparent to light having a wavelength of 340-440 nm, as taught by Coker. Doing so would thus comprise the polymeric nozzle cover comprising a thermoplastic elastomer that is at least partially transparent to sterilizing light having a wavelength of 340-440 nm. Doing so would be advantageous in increasing the types of plastics that may be suitable (¶ 38 of Coker), and would also be an advantageous in allowing the use of lower energy, less dangerous UV light wavelengths.
Regarding claim 11, Xipeng further teaches being configured to retain an aqueous fluid, wherein the aqueous fluid is an ophthalmic solution (i.e. it is configured hold aqueous fluids, including ophthalmic solutions; see page 2 which describes administering eye liquid and eye moisturizing).
Regarding claim 12, Stowe teaches being configured to retain an aqueous fluid, wherein the aqueous ophthalmic fluid is preservative-free (¶s 8 and 85).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aqueous fluid of Xipeng, Stowe, and Coker to explicitly be preservative-free, as taught by Stowe. Doing so would be advantageous in avoiding damage and corneal sensitization (¶ 8 of Stowe).
Regarding claim 14, Xipeng further teaches a power supply coupled to the applicator and configured to provide electrical power to the sterilizing light assembly (battery 6; last paragraph on page 2 describes how the battery is fixed to the PCB board and the sixth paragraph on page 2 describes the ultraviolet lamp and atomizing sheet are also connected to the PCB board).
Regarding claim 15, Xipeng further teaches a controller configured to cause the power supply to provide electrical power to the sterilizing light assembly for one or more periods of time (paragraph on page 2 describes how the battery is fixed to the PCB board and the sixth paragraph on page 2 describes the ultraviolet lamp also connected to the PCB board; thus the ultraviolet lamp would be powered by the battery for an amount of time; the Background also discloses a circuit control device).
Regarding claim 16, Xipeng discloses a method of administering a sterilized aqueous fluid (Fig. 1; Background; eye liquid container 2 and atomizing base 3; page 3 fourth paragraph indicates sterilization; page 2, first to third paragraphs describe eye moisturizing, thus indicating aqueous fluid), comprising:
exposing a nozzle of an aqueous fluid dispenser cartridge (groove 16 and liquid outlet 14; third to last paragraph on page 4 describes the use of the sliding plate to expose the nozzle), wherein the dispenser cartridge comprises:
a chamber (upper end 1) defining a reservoir (container 2) retaining the sterilized aqueous fluid (last three paragraphs on page 4), wherein the aqueous fluid comprises a pharmaceutical fluid containing an active therapeutic agent for medicating an eye (the background indicates the use of medicine; page 2, first to third paragraph also indicate an eye moisturizing effect), wherein the chamber includes a partially transparent portion that permits UV light to penetrate the chamber and reach the reservoir (page sixth paragraph and page 4 second to last paragraph indicate the liquid container is transparent);
a dispensing head comprising a nozzle (groove 16 and liquid outlet 14); and
illuminating the partially transparent portion of the chamber with UV light;
and administering a portion of aqueous fluid from the fluid dispenser cartridge to a subject (paragraphs 1-8 on page 2).
Xipeng does not explicitly teach the use of UVA light, the fluid including an additive, wherein the additive comprises a light absorbing compounds that produces a sterilizing effect in response to absorbing UVA light, or teach a polymeric nozzle cover movably coupled to the dispensing head, illuminating the partially transparent region of the polymeric nozzle cover while the polymeric nozzle cover is closed to activate the sterilizing effect between dispensing events and maintain sterility of the sterilized aqueous fluid.
However, Stowe teaches a method of administering a sterilized aqueous fluid (¶ 118; ¶s 65-68 also describe hydrophilic coatings thus indicating use with water-containing solutions), thus being in the same field of endeavor, comprising exposing a nozzle of an aqueous fluid dispenser cartridge (¶ 69 describes how the button 320 is used to open the dust cover to expose the nozzle 37), wherein the aqueous fluid dispenser cartridge comprises a chamber a chamber (housing 30) providing a reservoir (chamber 40) configured to retain an aqueous fluid (¶ 52); a dispensing head comprising a nozzle (head 35 and nozzle 37); and a polymeric nozzle cover (cap 50) movably coupled to the dispensing head (¶ 53); and
illuminating the partially transparent region of polymeric nozzle cover with UV light while the polymeric nozzle cover is closed between dispensing events to maintain the sterility of the sterilized aqueous fluid (¶s 69, 83, and 85).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device and method of Xipeng to comprise the nozzle cover of Stowe. Doing so would be advantageous in protecting the components of the dispenser, such as during loading (¶ 54 of Stowe).
The combination still does not explicitly teach the use of UVA light, the fluid including an additive, wherein the additive comprises a light absorbing compounds that produces a sterilizing effect in response to absorbing UVA light
However, Coker teaches a sterilization method using photosensitizers, such as riboflavin, with UVA light to provide sterilization (¶s 38 and 51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UVA light and photosensitizers, as taught by Coker. Doing so would thus comprise illuminating the partially transparent region of the fluid dispenser cartridge with UVA light, the fluid including an additive, wherein the additive comprises a light absorbing compounds that produces a sterilizing effect in response to absorbing UVA light. Doing so would be advantageous in increasing the types of plastics that may be suitable for construction (¶ 38 of Coker), and would also be an advantageous in allowing the use of lower energy, less dangerous UV light wavelengths.
Further, regarding the method step claimed, to the extent that the prior art apparatus meets the structural limitations of the apparatus as claimed, it will obviously perform the method steps as claimed. Furthermore, under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). As such, the combination of Xipeng, Stowe, and Coker teaches all the claimed structure, and further teaches the method as claimed.
Regarding claim 18, Xipeng further teaches the subject is a human subject (Page 1, under background technique, discusses people).
Regarding claim 19, Coker teaches the UVA light being in the range of 320-400 nm (¶ 38, said range overlapping, and thus anticipating, the claimed range of 340-440 nm, particularly as Coker is also directed to the use of UVA light). As previously stated, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UVA light and photosensitizers, as taught by Coker. Doing so with thus comprise the light having a wavelength of 340-440 nm. Doing so would be advantageous in increasing the types of plastics that may be suitable for construction (¶ 38 of Coker), and would also be an advantageous in allowing the use of lower energy, less dangerous UV light wavelengths.
Regarding claim 20, Stowe further teaches applying UV light for brief-predetermined periods of time (¶s 85 and 118, interpreted as a pulse of light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device and method of Xipeng, Stowe, and Coker, to use the pulsed light of Stowe. Doing so would be sufficient to sterilize the fluid based on the diffusion rates for bacteria (¶s 83-85 of Stowe).
Also as previously stated, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UVA light and photosensitizers, as taught by Coker. Doing so would thus comprise the UVA light being administered as a pulsed light. Doing so would be advantageous in increasing the types of plastics that may be suitable for construction (¶ 38 of Coker), and would also be an advantageous in allowing the use of lower energy, less dangerous UV light wavelengths.
Regarding claim 21, Xipeng further teaches the aqueous fluid is an ophthalmic solution (page 2 describes eye liquid and eye moisturizing) and the ophthalmic solution is administered to the eye of the subject (page 2).
Regarding claim 22, Stowe further teaches illuminating the partially transparent region of the polymeric nozzle with UV light is done after administering a portion of the aqueous fluid (¶ 83 describes how UV light would be turned on just after an application to the eye).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device and method of Xipeng, Stowe, and Coker, such that the sterilization with UV light is done immediately after administering a portion of the aqueous fluid, as taught by Stowe. Doing so would efficiently sterilize the fluid after increased risk of contamination and based on the diffusion rates for bacteria (¶s 83-85 of Stowe).
Also as previously stated, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Xipeng and Stowe to use UVA light and photosensitizers, as taught by Coker. Doing so would thus comprise illuminating the partially transparent region of the fluid dispenser cartridge with specifically UVA light. Doing so would be advantageous in increasing the types of plastics that may be suitable for construction (¶ 38 of Coker), and would also be an advantageous in allowing the use of lower energy, less dangerous UV light wavelengths.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALESSANDRO R DEL PRIORE whose telephone number is (571)272-9902. The examiner can normally be reached Monday - Friday, 8:00 - 5:30.
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/ALESSANDRO R DEL PRIORE/Examiner, Art Unit 3781
/GUY K TOWNSEND/Primary Examiner, Art Unit 3781
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