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 .
Preliminary claim amendments are acknowledged. Claims 1, 2, 4, 12, 16, 19, 21, 26, 27, 42, 45, 47, 52, 53-55, 57, 59, 60, and 62 are pending.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 26, 52, and 62 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arteko (DE 202020106540)(English machine translation).
With regards to claim 1, Arteko teaches a device for sterilizing a flow of gas (abstract) comprising: an elongate housing (2) having a quadrilateral perimeter shape (it is a rectangular prism) with opposing first and second ends, the housing formed from a front panel (on right), a rear panel (on left), a first side panel (into the page), a second side panel (out of the page and removed to show inner components), a curved bottom panel (curved bottom made with curves 13), and a top panel (the top) (fig 3 and 10); an inner divider (arch at 12 that then extends vertically down) coupled to the first and second side panels (as part of the device and to form the inlet air channel) and extending to near the curved bottom (extends downward vertically towards the bottom where the UV lights 9 are) for partitioning the interior of the housing into an inlet channel (side with fan 11) and an outlet channel (left side with S curve to outlet 4) where the inlet and outlet channels are in fluid communication (at bottom portion with UV lights 9); the inner divider having a curved upper end (at arch 12) coupled to an interior side of the front panel (on right) near the first end above a fluid inlet (inlet from fan 11) inlet the inlet channel; at least one fluid outlet aperture (at 4) located near a downstream region of the outlet channel for allowing egress from the outlet channel (it is the outlet from the channel and ultimately the housing 2); at least one UV light source (9) located near a region of higher fluid velocity in the housing compared to other regions in the housing (it is located generally near such a region as it is centrally located in the flow path) (fig 2, 3, and 10).
With regards to claim 26, Arteko teaches a device for sterilizing a flow of gas (abstract) comprising: an elongate housing (2) having a quadrilateral perimeter shape (it is a rectangular prism) with opposing first and second ends, the housing formed from a front panel (on right), a rear panel (on left), a first side panel (into the page), a second side panel (out of the page and removed to show inner components), a curved bottom panel (curved bottom made with curves 13), and a top panel (the top) (fig 3 and 10); an inner divider (arch at 12 that then extends vertically down) coupled to the first and second side panels (as part of the device and to form the inlet air channel) and extending to near the curved bottom (extends downward vertically towards the bottom where the UV lights 9 are) for partitioning the interior of the housing into an inlet channel (side with fan 11) and an outlet channel (left side with S curve to outlet 4) where the inlet and outlet channels are in fluid communication (at bottom portion with UV lights 9); the inner divider having a curved upper end (at arch 12) coupled to an interior side of the front panel (on right) near the first end above a fluid inlet (inlet from fan 11) inlet the inlet channel for guiding fluid into the inlet channel; at least one fluid outlet aperture (at 4) located near a downstream region of the outlet channel for allowing egress from the outlet channel (it is the outlet from the channel and ultimately the housing 2); at least one UV light source (9) located near a region of higher fluid velocity in the housing compared to other regions in the housing (it is located generally near such a region as it is centrally located in the flow path) (fig 2, 3, and 10).
With regards to claim 52, Arteko teaches a device for sterilizing a flow of gas in an air purification system (abstract) comprising: an airflow channel (through housing from inlet at fan 11 to outlet 4) comprising a channel wall (arch at 12 that then extends vertically down towards bottom with UV lights 9 along with the walls of the housing 2 form a channel) defining a sterilization airflow volume between an airflow inlet (at fan 11) and an airflow outlet (at 4) configured to allow respective air intake to and egress from the air flow channel, the air flow channel being configured to impart a designated airflow velocity profile to the sterilization airflow volume (the airflow is moved through it at a velocity which is taken to be a designated airflow velocity profile); and a UV light source (9) disposed on an inner surface of the channel wall (inner wall of the housing 2 forming part of the channel) so to sterilize at least a portion of the airflow volume (function of UV light) in accordance with a designated spatial irradiance intensity profile to the sterilization airflow volume (a UV light source irradiating has a spatial irradiation intensity and thus is taken to be a designated irradiance intensity profile); said airflow channel is configured for fluidic communication via one or more of the airflow inlet and outlet with an air intake (ultimate intake that sends air into housing 2 and fan 11) of the air purification system configured to receive unsterilized air (ambient) and an air output (18) of the air purification system to allow egress of sterilized air (fig 1-3, and 10).
With regards to claim 62, the UV light source is disposed on the channel walls so to provide a uniformity of sterilization of air (the air is all sterilized and thus has uniformity) in the portion of the sterilization airflow volume for said designated spatial irradiance intensity profile and the designated velocity profile (abstract).
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) 2, 4, 16, 27, and 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arteko (DE 202020106540)(English machine translation).
With regards to claim 2, Arteko teaches a fluid current generating device (fan 11), but does not teach that it is in the outlet channel near the downstream region. A person having ordinary skill in the art would have found it obvious to have placed the fan anywhere within the flow path motivated y an expectation of successfully providing flow through the device.
With regards to claim 4, Arteko teaches that the fluid outlet is on a side panel near the top (at 4) with an ultimate exit through a top (at 18) (fig 1 and 2). A person having ordinary skill in the art would have found it obvious to have positioned the outlet aperture on the top panel motivated by an expectation of still successfully providing air to the ultimate outlet 18 and back into the treated environment.
With regards to claim 16, a person having ordinary skill in the art would have found it obvious to have sized the device as desired in order to achieve the desired air volume treatment in the desired housing size.
With regards to claim 27, Arteko teaches a fluid current generating device (fan 11), but does not teach that it is in the outlet channel near the downstream region. A person having ordinary skill in the art would have found it obvious to have placed the fan anywhere within the flow path motivated y an expectation of successfully providing flow through the device.
With regards to claim 42, a person having ordinary skill in the art would have found it obvious to have sized the device as desired in order to achieve the desired air volume treatment in the desired housing size.
Claim(s) 12, 59, and 60 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arteko (DE 202020106540)(English machine translation) as applied to claims 1 and 51 above and further in view of Clark et al. (US 2004/0166018).
With regards to claims 12 and 59, Arteko does not teach that the inner surfaces of the housing and the divider are reflective. Clark et al. teaches adding a highly reflective surface to the interior components of a UV air sterilizer in order to increase the UV light exposure (abstract; see whole document). A person having ordinary skill in the art would have found it obvious to have made the inner walls of the housing and divider reflective in order to increase the UV light exposure.
With regards to claim 60, the combination results in UV reflective, medium on the inner surface of the channel. As it affects the irradiance intensity it at least partially governs the designated spatial irradiance intensity profile.
Claim(s) 19, 21, 45, and 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arteko (DE 202020106540)(English machine translation) as applied to claims 1 and 26 above and further in view of Saccomanno (US 2003/0086848).
With regards to claims 19, 21, 45, and 47, Arteko does not teach a sensor as claimed. Saccomanno teaches a UV air disinfection device (abstract) and teaches using a controller (200) that receives feedback from sensors and can regulate the amount of UV light introduced and the flow rate via a fan (104) based on the sensor feedback (para [0037]). The sensor measures UV irradiance (para [0036]).
A person having ordinary skill in the art would have found it obvious to have used a controller with an irradiation sensor in order to regulate the UV lamp and fan in order to ensure proper disinfection.
As to the controller having a digital application (program), Saccomanno is silent as to the type of controller used, however, a person having ordinary skill in the art would have found it obvious to have used a digital program motivated by an expectation of successfully carrying out the taught automatic control.
The combination results in a digital application on the controller that process the data in order to regulate control over the fan and the UV light source based on the data.
Claim(s) 53-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arteko (DE 202020106540)(English machine translation) as applied to claim 52 above and further in view of Messina (US 5,240,478).
With regards to claims 53-55, Arteko does not teach tha the airflow channel is in fluid communication with the one or more of the inlet/outlet with an air purification module. Messina teaches a purification filter module upstream of a UV disinfecting module (abstract and fig 2). The filter unit traps bacteria while the UV lights are an additional safeguard against anything getting through (column 2, lines 56-63).
A person having ordinary skill in the art would have found it obvious to have added an air filter module upstream of the UV purification module in Messina in order to capture bacteria and provide multiple purification means as a safeguard.
The combination results in the inlet to the channel being in fluid communication with an outlet of a filter purification module.
Claim(s) 57 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arteko (DE 202020106540)(English machine translation) and Messina (US 5,240,478) as applied to claim 55 above and further in view of Lee (US 2012/0237406).
With regards to claim 57, the combination does not teach that the filter includes a genetically modified organism. Lee teaches a filter with Kimchi lactic acid bacteria to add antiviral activity to the filter (para [0008]). A person having ordinary skill in the art would have found it obvious to have added Kimchi lactic acid bacteria to the filter in order to impart antiviral activity.
Lee does not specify that the kimchi lactic acid bacteria are genetically modified; however, Lee is not limiting on the Kimchi bacteria used (para [0023]-[0024]). A person having ordinary skill in the art would have found it obvious to have used any strain of the kimchi lactic acid bacteria species recited including a genetically modified strain motivated by an expectation of successfully providing kimchi lactic acid bacteria to impart antiviral activity.
Conclusion
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799