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 .
DETAILED ACTION
Response to Arguments
1. Applicant’s arguments, filed 06/26/2026, with respect to the amended claim(s) have been considered but, are moot due to a new grounds of rejection based upon a new reference, LI et al. (CN 209312705 U), see below.
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.
2. Claim(s) 1-3, 6, 8-17, and 19-20 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over LI et al. (CN 209312705 U) in view of WATANABE et al. (US 20060185577 A1).
Regarding claim 1, LI discloses an antimicrobial device comprising:
an ultraviolet (UV) module (abstract) (fig. 1) comprising:
an electron source (1) configured to provide a free electron;
an extractor (gate 11, and/or 3) configured to extract the free electron from the electron source and direct the free electron towards a target material (5);
the target material (5) (pg. 3) configured to receive the free electron and emit a photon having a wavelength within a wavelength range and
a parabolic optical reflector (7) (pg. 3) positioned to reflect the emitted photon outwardly from the device, the parabolic optical reflector having an axis of symmetry that is parallel to a transmission path from the electron source (1) to the target material (5).
But LI fails to explicitly disclose emit a photon having a wavelength within a wavelength range of about 200-230 nanometers (nm) or a boron nitride target material.
WATANABE, however, discloses an electron source (fig. 9, 2) to extract and accelerate [0047] a free electron beam (3) to irradiate a boron nitride target (9) [0064] and a reflector (8) [0063] for capturing and directing UV light ((10) [0065] to 11) [0108] within a wavelength range of about 200-230 nanometers (nm) (fig. 2, light emission nm range).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of LI , with a boron nitride target for generating UV light (200-230 nm), as taught by WATANABE, to use as a substitution of one known target material (i.e. boron nitride target) for another to obtain predictable UV light (200-230 nm) generation results.
Regarding claim 8, LI discloses a device for generating ultraviolet radiation (abstract) (fig. 1), comprising:
an electron emission source (1);
an extraction element (gate 11, and/or 3) configured to direct electrons from the emission source along a transmission path;
a quantum-confined material (5) (pg. 3) positioned to receive the electrons from the extraction element; and
a curved optical reflector (7) (pg. 3) arranged to direct photons emitted from the quantum- confined material, wherein the photons have wavelengths , and
wherein the curved optical reflector (7) (pg. 3) has an axis of symmetry that is parallel to the transmission path from the electron emission source (1) to the quantum-confined material (5).
But LI fails to explicitly disclose emit a photon having a wavelength within a wavelength range of about 200-230 nanometers (nm).
WATANABE, however, discloses an electron source (fig. 9, 2) to extract and accelerate [0047] a free electron beam (3) to irradiate a boron nitride target (9) [0064] and a reflector (8) [0063] for capturing and directing UV light ((10) [0065] to 11) [0108] within a wavelength range of about 200-230 nanometers (nm) (fig. 2, light emission nm range).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of LI , with a boron nitride target for generating UV light (200-230 nm), as taught by WATANABE, to use as a substitution of one known target material (i.e. boron nitride target) for another to obtain predictable UV light (200-230 nm) generation results.
Regarding claim 14, LI discloses a device (abstract) (fig. 1) comprising:
an electron generator (1);
an electron control structure (gate 11, and/or 3) configured to guide electrons from the generator toward an interaction region;
a quantum-confined structure (5) (pg. 3) positioned in the interaction region, the quantum-confined structure configured to emit ultraviolet radiation (abstract)
a curved reflective element (7) (pg. 3) arranged to direct the ultraviolet radiation away from the device, the curved reflective element having an axis of symmetry that is parallel to a transmission path from the electron generator to the quantum-confined structure (5) .
But LI fails to explicitly disclose emit a photon having a wavelength within a wavelength range of about 200-230 nanometers (nm).
WATANABE, however, discloses an electron source (fig. 9, 2) to extract and accelerate [0047] a free electron beam (3) to irradiate a boron nitride target (9) [0064] and a reflector (8) [0063] for capturing and directing UV light ((10) [0065] to 11) [0108] within a wavelength range of about 200-230 nanometers (nm) (fig. 2, light emission nm range).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of LI , with a boron nitride target for generating UV light (200-230 nm), as taught by WATANABE, to use as a substitution of one known target material (i.e. boron nitride target) for another to obtain predictable UV light (200-230 nm) generation results.
Regarding claim 2, LI discloses that wherein the parabolic optical reflector (7) (pg. 3) is positioned at least partially between the electron source (1) and the target material (5).
Regarding claim 3, LI discloses that the parabolic optical reflector (7) (pg. 3) is configured to permit the free electron (from 1) to pass therethrough.
Regarding claim 6, LI discloses a power source (2) electrically coupled to the electron source. (1)
Regarding claims 9 and 15, LI discloses that the quantum-confined material/structure (5) (pg. 3)
But LI fails to explicitly disclose a boron nitride target material/structure.
WATANABE, however, discloses an electron source (fig. 9, 2) to extract and accelerate [0047] a free electron beam (3) to irradiate a boron nitride target (9) [0064] and a reflector (8) [0063] for capturing and directing UV light ((10) [0065] to 11) [0108] within a wavelength range of about 200-230 nanometers (nm) (fig. 2, light emission nm range).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of LI , with a boron nitride target for generating UV light (200-230 nm), as taught by WATANABE, to use as a substitution of one known target material (i.e. boron nitride target) for another to obtain predictable UV light (200-230 nm) generation results.
Regarding claim 10, LI discloses that the curved optical reflector (7) (pg. 3) is positioned at least partially in the transmission path between the electron emission source (1) and the quantum-confined material (5) (pg. 3).
Regarding claim 11, LI discloses that wherein the extraction element (3, 11) comprises an electrode (3) configured to accelerate the electrons (pg. 4).
Regarding claim 12, LI discloses that the curved optical reflector (7) (pg. 3) is parabolic.
Regarding claim 13, LI discloses that the curved optical reflector (7) (pg. 3) is configured to permit electrons to pass therethrough while reflecting the photons.
Regarding claim 16, LI discloses that the curved reflective element (7) (pg. 3) is positioned between the electron generator (1) and the quantum-confined structure (5)
Regarding claim 17, LI discloses that the curved reflective element (7) (pg. 3) includes an opening
Regarding claim 17, LI differ(s) from the claimed invention by not showing plural openings. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) for plural openings, since it has been held that mere duplication of parts has no patentable significance, unless a new and unexpected result is produced, and involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of LI , with a reflector with plural opening(s) to permit electrons to pass therethrough, to use as a substitution of one known reflector configuration (i.e. plural electron passthrough openings) for another to obtain predictable electron beam transmission and UV light capture and reflection results.
Regarding claim 19, LI discloses that the curved reflective element (7) (pg. 3) is parabolic.
Regarding claim 20, LI discloses a power source (2) electrically coupled to the electron generator (1).
2. Claim(s) 4 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over LI et al. (CN 209312705 U) in view of WATANABE et al. (US 20060185577 A1); hereinafter “the combined references”, as applied to claim 2 above, and further in light of WANG et al. (CN 106935479 A).
Regarding claim(s) 4, LI discloses the parabolic optical reflector (7) (pg. 3)
But the combined references fail to disclose the parabolic optical reflector comprises aluminum.
WANG, however, discloses an ultraviolet (UV) module (fig. 1) (abstract) (pgs. 3-4) comprising: an electron source (1) configured to provide a free electron (2) to a target material (5) , and an optical reflector (6) that comprises aluminum (pg. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine/modify the invention of the combined references, with an optical reflector (6) that comprises aluminum, as taught by WANG, to use as a substitution of one known reflector material (i.e. aluminum) element for another to obtain predictable UV reflectance results.
2. Claim(s) 7 AND 18 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over LI et al. (CN 209312705 U) in view of WATANABE et al. (US 20060185577 A1); hereinafter “the combined references”, as applied to claims 1 AND 14 above, and further in light of COYLE et al. (US 20070057617 A1).
Regarding claims 7 and 18, LI discloses wherein the extractor (gate 11, and/or 3)
But the combined references fail to disclose the extractor/the electron control structure comprises a magnetic field generator.
COYLE, however, discloses an electron source (fig. 1, 10) with an electron control structure/extractor (24) that comprises a magnetic field generator (100)
[0019-0020]
[0025-0026]
(abstract)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of the combined references, with an electron control structure/extractor (24) that comprises a magnetic field generator, as taught by COYLE, to use to reduce the spherical aberration coefficient [0026] to increase beam accuracy.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew Smyth whose telephone number is 571-270-1746. The examiner can normally be reached between 9:00AM - 6:00PM; Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached on (571) 272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SMYTH/Primary Examiner, Art Unit 2878
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