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 Objections
Claim 19 is objected to because of the following informalities: Applicant recites “support he UV lamp” where it appears applicant intended “support the UV lamp”.
Appropriate correction is required.
Claim Interpretation
The recitation in the preamble of the independent claims that the device is for treating water of a swimming pool or spa is given patentable weight as the limitation is recited in the body of claim, breathes life and meaning into the claim and the claim relies on the recitation for completeness.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Greuel et al. (US 2012/0237409) in view of Porat et al. (US 2017/0190602).
Per claim 1, Greuel et al. disclose an AOP device ([0041] In the reactor 10, the light from the lamp 16 produces ozone in the primary fluid 31. From the outlet 21, the ozone enriched primary fluid 31 is mixed with the secondary fluid 32, for example water containing a biological contamination. The ozone decomposes or de-activates the biological contamination.) for treating water ([0001] The invention relates to the field of optical reactors or photo-reactors, and more specifically to a treatment system of fluids by light. Optical treatment of a fluid may be sterilization, disinfection, killing or de-activating micro-organisms, oxidation or decomposition of matter, etc. by light, in particular, but not exclusively, by ultraviolet (UV) light.; [0041] For example, a primary fluid 31 to be treated in the reactor is oxygen gas, or a mixture of gases containing oxygen gas. The primary fluid 31 is supplied to the reactor by inlet 20 from outside the container 30. In the reactor 10, the light from the lamp 16 produces ozone in the primary fluid 31. From the outlet 21, the ozone enriched primary fluid 31 is mixed with the secondary fluid 32, for example water containing a biological contamination. The ozone decomposes or de-activates the biological contamination.), the AOP device comprising:
a housing comprising a wall (22) having a first side exposed to water (Fig. 2; [0021] The enclosure 14 has an inlet 20 for supplying a fluid (being a gas or a liquid, or a combination thereof) to the reaction chamber 19, and an outlet 21 for discharging the fluid from the reaction chamber 19, as indicated by dotted arrows in FIG. 1.) and a second side opposite from the first side (Fig. 2);
ii. a UV lamp (16, [0024] In the embodiment shown in FIG. 2a, the low voltage electrode 14a even totally encloses the lamp 16 to all sides.) within the housing (14a, Fig. 2); and
electrical ballast (11) for a UV generator attached to the second side of the wall [0020] Socket 17 is connected to a driving circuit 11 through a cable 13, and socket 18 is connected to the driving circuit 11 through a cable 12. Thus, an alternating voltage of appropriate shape can be applied, and an alternating current of appropriate shape can be supplied to the lamp 16 by the driving circuit 11. The driving circuit 11 draws its input power from a power source such as a mains voltage or a battery.) and inherently in thermal contact with the wall since Greuel et al. do not disclose any insulation between the ballast and the wall.
Greuel et al. do not disclose that the water is from a swimming pool or spa and the first side is exposed to water from a swimming pool or spa.
Porat et al., also directed to an AOP device, disclose providing an AOP device (10) for treating water from a swimming pool or spa ([0023] FIG. 1 is a side view of an ultra/violet, ozone manifold 10 for pool water purification. Manifold 10 is designed to be inserted or installed in a standard conduit system utilized with recreational pools with minimal disruption to the conduit system.) and exposing a side of the AOP device to the water from the swimming pool or spa in order to, for example, disinfect the pool or spa water ([0006] An object of the present invention to provide for a novel manifold member for insertion within the conduit system of a recreational pool to simultaneously purify re-circulated water utilizing an ultraviolet light, and simultaneously generate ozone for introduction into the fluid stream.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the device of Greuel et al. such that it comprises the water is from a swimming pool or spa and the first side is exposed to water from a swimming pool or spa in order to, for example, disinfect the pool or spa water.
Per claim 2, Greuel et al. do not disclose further comprising a thermal component in contact with the second side of the wall and between the electrical ballast and the wall.
It is submitted that it would have been well within the purview of the skilled artisan to provide a thermal component in contact with the second side of the wall and between the electrical ballast and the wall in order to diffuse, dissipate or transfer heat from the electrical ballast to the water in order to, for example, ensure that the ballast remains cool enough for proper functioning of the UV lamp.
Per claim 3, Greuel et al. disclose the device further comprising an ozone generator ([0041] For example, a primary fluid 31 to be treated in the reactor is oxygen gas, or a mixture of gases containing oxygen gas. The primary fluid 31 is supplied to the reactor by inlet 20 from outside the container 30. In the reactor 10, the light from the lamp 16 produces ozone in the primary fluid 31. From the outlet 21, the ozone enriched primary fluid 31 is mixed with the secondary fluid 32, for example water containing a biological contamination. The ozone decomposes or de-activates the biological contamination.).
Per claim 4, Greuel et al. do not explicitly disclose that the electrical ballast is attached to the second side of the wall.
It is submitted that it would have been a routine matter of design choice to attach to ballast to the second side of the wall to prevent movement of the ballast.
Regarding wherein a temperature critical point of the electrical ballast is proximate to the wall, it is submitted that the limitations a process limitation or a recitation of intended use that fails to impose additional structure on the device of Greuel et al. Further, it is well settled that “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469 (Fed. Cir. 1990). Claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78 (Fed Cir. 1997).
Per claim 5, further comprising a cover covering the electrical ballast attached to the second side of the wall (Fig. 2a, the portion circled below).
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Per claim 6, Greuel et al., as modified by Porat et al. do not disclose wherein the electrical ballast is attached to the second side of the wall using mechanical fasteners.
It is submitted that it would have been a routine matter of design choice to use mechanical fasteners to attach the electrical ballast to the second side of the wall in order to, for example, minimize movement of the ballast within the housing. It has been held that routine matter of design choice do not involve an inventive step. See MPEP 2144.
Per claim 7, Greuel et al., as modified by Porat et al., disclose wherein the housing defines a water chamber (see Greuel et al. element 19) configured to receive water of the swimming pool or spa (see Porat et al., [0006, 0023]), and wherein the wall is a chamber wall of the water chamber (Greuel et al., Fig. 2a).
Per claim 8, Greuel et al. do not disclose wherein the AOP device further comprises a mounting cavity on the wall, and wherein the electrical ballast is mounted in the mounting cavity.
It is submitted that it would have been a routine matter of design choice to provide a mounting cavity on the wall, and wherein the electrical ballast is mounted in the mounting cavity in order to, for example, minimize movement of the ballast on the wall after installation, absent a proper showing of any new and unexpected result. It has been held that routine matters of design choice do not involve an inventive step. See MPEP 2144.
Claims 9-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Engelhard (US 2008/0008632) in view of Porat et al. (US 2017/0190602).
Engelhard discloses an AOP device (10) for treating water ([0003] The present invention relates to water purification systems and, more particularly to generating ozone under pressure for entraimnent in water in combination with ultraviolet radiation to purify the water.), the AOP device comprising:
a housing (26, 28) defining a water chamber configured to receive water (Fig. 1);
an end cap (22, 70) attachable to and removable from the housing (Figs. 1, 2; [0027] Referring to FIG. 2, end cap 22 will be described in greater detail. A cap 70 is in threaded engagement with a nipple 72 secured to a wall 74 of tank 28 about an aperture 76 disposed in the wall.); and
a UV lamp (24; [0029] Lamp 24 is a conventional commercially available ultraviolet lamp and it includes a base 90 having a pair of pins extending therefrom for connection to a source of electricity provided by a ballast. Socket assemblies 92, 94 are mounted in end 96 of cap 70 to receive and become electrically connected with the respective pins extending from base 90.) supported by the end cap and positionable within the water chamber ([0025] An ultraviolet lamp, supported in part by end cap 22, is surrounded by an ultraviolet transmissive sleeve 26.; Fig. 1).
Engel hard does not disclose that the water is from a swimming pool or spa and the chamber is configured to receive water from a swimming pool or spa.
Porat et al., also directed to an AOP device, disclose providing an AOP device (10) for treating water from a swimming pool or spa ([0023] FIG. 1 is a side view of an ultra/violet, ozone manifold 10 for pool water purification. Manifold 10 is designed to be inserted or installed in a standard conduit system utilized with recreational pools with minimal disruption to the conduit system.) and exposing a side of the AOP device to the water from the swimming pool or spa in order to, for example, disinfect the pool or spa water ([0006] An object of the present invention to provide for a novel manifold member for insertion within the conduit system of a recreational pool to simultaneously purify re-circulated water utilizing an ultraviolet light, and simultaneously generate ozone for introduction into the fluid stream.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the device of Engelhard such that it comprises the water is from a swimming pool or spa and the chamber is configured to receive water from a swimming pool or spa in order to, for example, disinfect the pool or spa water.
Per claim 10, Engelhard, as modified by Porat et al., discloses wherein the end cap is configured to seal the water chamber (see Engelhard, [0027] An annular groove 78 in cap 70 supports an O-ring 80, which O-ring is preferably of silicone, EPDM or materials sold under the trademark Viton, which materials are ozone resistant. A seal washer 82 may be mounted upon the O-ring to establish a low friction environment between the washer and the O-ring to permit the washer to rotate with respect to the O-ring as cap 70 is brought into threaded engagement with the nipple. For purposes of long life, the seal washer should also be of similar ozone resistant material as the 0-ring. The seal washer may be omitted and replaced by a bead of silicon grease or even water, at the time the cap is brought into threaded engagement with the nipple. Upon engagement of the cap with the nipple, the O-ring is brought into sealed engagement with the top annular surface of the nipple, the perimeter of groove 78 and the cylindrical surface of sleeve 26 to establish three sealed surfaces. Thereby, water outflow through the annular space between the nipple and the sleeve is precluded and the gaseous atmosphere within the sleeve is sealed against outflow to the atmosphere.).
Per claim 11, Engelhard discloses wherein the end cap is constructed from an electrical insulating material ([0026] Materials for the sleeve includes quartz, and manmade materials sold under the trademark Teflon.; [0027] To prevent deterioration of cap 70 from exposure to ultraviolet radiation and ozone, the cap is preferably made of a material such as a polycarbonate, CPVC, or materials sold under the trademark Kynar.). Engelhard does not explicitly disclose that the housing is constructed from an electrical insulating material.
It is submitted that it would have been a routine matter or process design to construct the housing with an electrical insulating material such as CPVC, quartz or Teflon in order to, example, ensure that the housing is resistant to deterioration from exposure to UV radiation and ozone. It has been held that routine matters of design choice do not involve an inventive step.
Per claim 12, Engelhard discloses further comprising a support (92) supporting the UV lamp on the end cap (Fig. 2), and wherein the support is attachable to and removable from the end cap ([0029] Lamp 24 is a conventional commercially available ultraviolet lamp and it includes a base 90 having a pair of pins extending therefrom for connection to a source of electricity provided by a ballast. Socket assemblies 92, 94 are mounted in end 96 of cap 70 to receive and become electrically connected with the respective pins extending from base 90. Nuts 98 threadedly engage threaded sections 100 of each socket assembly to secure the socket assemblies in place.).
Per claim 14, Engelhard further discloses the device comprising an ozone generator ([0025] The oxygen in the oxygen containing gas surrounding lamp 24 within sleeve 26 is partially converted to ozone.; [0037] As described above, the oxygen containing gas within sleeve 26 and surrounding lamp 24 is under pressure as a function of source 12 of oxygen and pressure regulator 43. The oxygen in the gas will be converted to ozone under pressure. The ozone will be discharged through end cap 40 into conduit 42, through check valve 44 and into ozone injection unit 122.; [0044] A source 232 of compressed air is conveyed into sleeve 218 via a conduit 234. The air within the sleeve is compressed to a pressure in the range of about two (2) atmospheres to about five (5) atmospheres. The air within the sleeve flows about UV lamp 220 and is irradiated by the ultraviolet radiation from the U-V lamp to produce ozone. It is to be understood that the gas flowing into sleeve 218 may be air, oxygen or some gas containing oxygen.).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Engelhard (‘632) in view of Porat et al. (‘602) as applied above and further in view of Lautzenheiser et al. (US 2019/0144299).
Per claim 13, Engelhard discloses a support (26) supporting the UV lamp on the end cap ([0025] An ultraviolet lamp, supported in part by end cap 22, is surrounded by an ultraviolet transmissive sleeve 26.; [0027] Referring to FIG. 2, end cap 22 will be described in greater detail. A cap 70 is in threaded engagement with a nipple 72 secured to a wall 74 of tank 28 about an aperture 76 disposed in the wall.). Engelhard shows that the UV light is at least indirectly supported by the sleeve which is connected to the end cap via element 72. Engelhard, as modified by Porat et al., does not disclose further comprising wherein the support is further configured as an indicator indicating a status of the UV lamp at least while the UV lamp is within the water chamber.
Lautzenheiser et al. disclose a device (10) wherein a support is further configured as an indicator indicating a status of a UV lamp at least while the UV lamp is within a water chamber ([0092] In the illustrated embodiment, the hub 80 is transparent or translucent to visible light to allow visible light emitted by the UV lamp 18 to travel from the UV lamp 18 within the pressure vessel 12 to a UV light indicator 194 in the electronics module 14. The hub 80 may be manufactured separately from the remainder of the main body 78 or it may be manufactured as an integral portion of the main body 78 (in which case the main body 78 may be manufactured entirely from transparent or translucent material or the main body 78 and the hub 80 may be manufactured using insert-molding or a two-shot molding process).) in order to, for example, allow an operator to ascertain if water is actively undergoing treatment.
Accordingly, it would have been readily obvious for the skilled artisan to modify the device of Engelhard such that it comprises wherein the support is further configured as an indicator indicating a status of the UV lamp at least while the UV lamp is within the water chamber in order to, for example, allow an operator to ascertain if water is actively undergoing treatment.
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Engelhard (‘632) in view of Porat et al. (‘602) taken together with Lautzenheiser et al. (‘299).
Per claim 15, Engelhard discloses an AOP device (10) for treating water ([0003] The present invention relates to water purification systems and, more particularly to generating ozone under pressure for entraimnent in water in combination with ultraviolet radiation to purify the water.), the AOP device comprising:
a housing (28) defining a water chamber configured to receive water (Fig. 1);
a UV lamp (24; [0029] Lamp 24 is a conventional commercially available ultraviolet lamp and it includes a base 90 having a pair of pins extending therefrom for connection to a source of electricity provided by a ballast. Socket assemblies 92, 94 are mounted in end 96 of cap 70 to receive and become electrically connected with the respective pins extending from base 90.) supported by the end cap and positionable within the water chamber ([0025] An ultraviolet lamp, supported in part by end cap 22, is surrounded by an ultraviolet transmissive sleeve 26.; Fig. 1). Engelhard does not disclose that the water is from a swimming pool or spa, the chamber is configured to receive water from a swimming pool or spa and a UV indicator providing a status indication of the UV lamp.
Porat et al., also directed to an AOP device, disclose providing an AOP device (10) for treating water from a swimming pool or spa ([0023] FIG. 1 is a side view of an ultra/violet, ozone manifold 10 for pool water purification. Manifold 10 is designed to be inserted or installed in a standard conduit system utilized with recreational pools with minimal disruption to the conduit system.) and exposing a side of the AOP device to the water from the swimming pool or spa in order to, for example, disinfect the pool or spa water ([0006] An object of the present invention to provide for a novel manifold member for insertion within the conduit system of a recreational pool to simultaneously purify re-circulated water utilizing an ultraviolet light, and simultaneously generate ozone for introduction into the fluid stream.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the device of Engelhard such that it comprises the water is from a swimming pool or spa and the chamber is configured to receive water from a swimming pool or spa in order to, for example, disinfect the pool or spa water.
Lautzenheiser et al. disclose a device (10) wherein a support is further configured as an indicator indicating a status of a UV lamp at least while the UV lamp is within a water chamber ([0092] In the illustrated embodiment, the hub 80 is transparent or translucent to visible light to allow visible light emitted by the UV lamp 18 to travel from the UV lamp 18 within the pressure vessel 12 to a UV light indicator 194 in the electronics module 14. The hub 80 may be manufactured separately from the remainder of the main body 78 or it may be manufactured as an integral portion of the main body 78 (in which case the main body 78 may be manufactured entirely from transparent or translucent material or the main body 78 and the hub 80 may be manufactured using insert-molding or a two-shot molding process).) in order to, for example, allow an operator to ascertain if water is actively undergoing treatment.
Accordingly, it would have been readily obvious for the skilled artisan to modify the device of Engelhard such that it comprises wherein the support is further configured as an indicator indicating a status of the UV lamp at least while the UV lamp is within the water chamber in order to, for example, allow an operator to ascertain if water is actively undergoing treatment.
Per claim 16, Engelhard, as modified by Porat et al. and Lautzenheiser et al., disclose wherein the UV indicator is transparent (see Lautzenheiser et al. [0092] In the illustrated embodiment, the hub 80 is transparent or translucent to visible light to allow visible light emitted by the UV lamp 18 to travel from the UV lamp 18 within the pressure vessel 12 to a UV light indicator 194 in the electronics module 14. The hub 80 may be manufactured separately from the remainder of the main body 78 or it may be manufactured as an integral portion of the main body 78 (in which case the main body 78 may be manufactured entirely from transparent or translucent material or the main body 78 and the hub 80 may be manufactured using insert-molding or a two-shot molding process).).
Per claim 17, Engelhard, as modified by Porat et al. and Lautzenheiser et al., does not explicitly disclose wherein the UV indicator is semi-transparent.
It is submitted that it would have been a routine matter of design choice to modify the device of Engelhard, as modified by Porat et al. and Lautzenheiser et al., such that the UV indicator is semi-transparent in order to provide an indication UV activity while also controlling the amount of light passing through the indicator, absent a showing of any new and unexpected result. It has been held that routine matters of design choice do not involve an inventive step. See MPEP 2144.
Per claim 18, Engelhard, as modified by Porat et al. and Lautzenheiser et al., disclose wherein the UV indicator is translucent (see Lautzenheiser et al. [0092] In the illustrated embodiment, the hub 80 is transparent or translucent to visible light to allow visible light emitted by the UV lamp 18 to travel from the UV lamp 18 within the pressure vessel 12 to a UV light indicator 194 in the electronics module 14. The hub 80 may be manufactured separately from the remainder of the main body 78 or it may be manufactured as an integral portion of the main body 78 (in which case the main body 78 may be manufactured entirely from transparent or translucent material or the main body 78 and the hub 80 may be manufactured using insert-molding or a two-shot molding process).).
Per claim 19, Engelhard discloses wherein a support (26) configured to support the UV lamp on an end cap (22, 70) of the AOP device ([0025] An ultraviolet lamp, supported in part by end cap 22, is surrounded by an ultraviolet transmissive sleeve 26.; [0027] Referring to FIG. 2, end cap 22 will be described in greater detail. A cap 70 is in threaded engagement with a nipple 72 secured to a wall 74 of tank 28 about an aperture 76 disposed in the wall.). Engelhard shows that the UV lamp is at least indirectly supported by the sleeve which is connected to the end cap via element 72. Engelhard, as modified by Porat et al., does not disclose further comprising wherein the support is further configured as an indicator indicating a status of the UV lamp at least while the UV lamp is within the water chamber.
Lautzenheiser et al. disclose a device (10) wherein a support is further configured as an indicator indicating a status of a UV lamp at least while the UV lamp is within a water chamber ([0092] In the illustrated embodiment, the hub 80 is transparent or translucent to visible light to allow visible light emitted by the UV lamp 18 to travel from the UV lamp 18 within the pressure vessel 12 to a UV light indicator 194 in the electronics module 14. The hub 80 may be manufactured separately from the remainder of the main body 78 or it may be manufactured as an integral portion of the main body 78 (in which case the main body 78 may be manufactured entirely from transparent or translucent material or the main body 78 and the hub 80 may be manufactured using insert-molding or a two-shot molding process).) in order to, for example, allow an operator to ascertain if water is actively undergoing treatment.
Accordingly, it would have been readily obvious for the skilled artisan to modify the device of Engelhard, as modified by Porat et al., such that it comprises wherein the support is further configured as an indicator indicating a status of the UV lamp at least while the UV lamp is within the water chamber in order to, for example, allow an operator to ascertain if water is actively undergoing treatment.
Per claim 20, Engelhard, as modified by Porat et al. and Lautzenheiser et al., do not disclose wherein the AOP device comprises at least one of universal
voltage or an IPX-5 waterproof rating.
It is submitted that it would have been a routine matter of design choice to have the device comprise at least one of universal voltage in order to use the device in various parts of the world or an IPX-5 waterproof rating so that the device has at least a moderate resistance to water infiltration at a given depth of water. It has been held that routine matters of design choice do not involve an inventive step. See MPEP 2144.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED PRINCE whose telephone number is (571)272-1165. The examiner can normally be reached M-F: 0900-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at (571)270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRED PRINCE/
Primary Examiner
Art Unit 1779
Prosecution Insights