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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 45, 47, 49, 53-59, 61-64 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2010012631 A1.
Claim 45
WO 2010012631 A1 discloses a chamber (Fig. 1, Ref. 4) for accommodating a container (Fig. 1, Ref. 5), the chamber unlit and sealed to any external light (Page 2, Para. 6); at least one light source (Fig. 1, Ref. 7) configured to be positioned in the container (Fig. 1, Ref. 5) to illuminate the interior of the container (Fig. 1, Ref. 5); and at least one light detection device (Fig. 1, Ref. 9) disposed at the interior of the chamber (Fig. 1, Ref. 4) and configured to detect light from the at least one light source (Fig. 1, Ref. 7), wherein the detected light is emitted from the container (Fig. 1, Ref. 5) into the chamber (Fig. 1, Ref. 4); wherein the detected light is used to detect damage to the container (Page 3, Para. 4).
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Claim 47
WO 2010012631 A1 discloses the at least one light detection device (Fig. 1, Ref. 9) is at least one camera configured to view the container (Fig. 1, Ref. 5) and show the position of where the container (Fig. 1, Ref. 5) is damaged.
Claim 49
WO 2010012631 A1 discloses a computer to control the system (Fig. 1, Ref. 1), wherein the computer (Fig. 1, Ref. 12) comprises software to provide a score of the sealing capability of the container (Page 3, Para. 4).
Claim 53
WO 2010012631 A1 discloses the container is optimally sealed (Fig. 1, Ref. 6) there is at least one of: no light illumination, light illumination below a predetermined standard level from the container into the chamber, no detection of light by the at least one light detection device and detection of light below a predetermined level (Page 3, Para. 4).
Claim 54
WO 2010012631 A1 discloses the sealing of the container (Fig. 1, Ref. 6) is damaged, light is radiated from the container (Fig. 1, Ref. 5) into the chamber (Fig. 1, Ref. 5) and detected by the at least one camera (Fig. 1, Ref. 9)(It is inherent that if damage to sealing of the container is going to be detected by the sensor Ref. 9).
Claim 55
WO 2010012631 A1 discloses the computer (Fig. 1, Ref. 12) calculates the level of leakage (volts/time Page 3, Para. 4) of light from the container (Fig. 1, Ref. 5) into the chamber (Fig. 1, Ref. 4).
Claim 56
WO 2010012631 A1 discloses the computer (Fig. 1, Ref. 12) assigns a usability grade (meets quality reference value) to the container (Fig. 1, Ref. 5) according to the level of leakage of light (reference value), and wherein the container (Fig. 1, Ref. 5) is approved or disapproved for use according to the usability grade, optionally wherein the usability grade comprises a percentage of the perimeter of a detected area of light leakage to the total perimeter of the container (Fig. 1, Ref. 5) or a portion thereof (Page 3, Para. 4).
Claim 57
WO 2010012631 A1 discloses a platform (Fig. 1, Ref. 6) on which the container (Fig. 1, Ref. 5) is placed, wherein the platform (Fig. 1, Ref. 6) is optimally positioned in relation to the at least one light detection device (Fig. 1, Ref. 9) for detecting of the light emitted from the container (Fig. 1, Ref. 5) into the chamber (Fig. 1, Ref. 4).
Claim 58
WO 2010012631 A1 discloses the container (Fig. 1, Ref. 5) comprises a lid (Fig. 1, Ref. 6) that covers the opening of the container (Fig. 1, Ref. 5) and wherein the light detection device (Fig. 1, Ref. 9) detects light emitted from the perimeter of opening of the container (Fig. 1, Ref. 5; inherent light leakage is going to be detected by the sensor Ref. 9).
Claim 59
WO 2010012631 A1 discloses placing at least one light source (Fig. 1, Ref. 7) in the container (Fig. 1, Ref. 5), wherein the container (Fig. 1, Ref. 5) is made from an opaque material (Page 2, Para. 2) and comprises a body comprising a cavity for holding an item and a lid for covering the cavity (Fig. 1, Ref. 6); closing the container; placing the container in the chamber (Fig. 1, Ref. 4); closing the chamber; activating the at least one light source (Fig. 1, Ref. 7); and measuring light emitted from the container (Fig. 1, Ref. 5) into the chamber (Fig. 1, Ref. 4).
Claim 61
WO 2010012631 A1 discloses activating the at least one light source (Fig. 1, Ref. 7) comprises activating the light source (Fig. 1, Ref. 7) to ascertain the system is working, and wherein activating the at least one light source (Fig. 1, Ref. 7) comprises turning the light source on (It is inherent system is working when voltage is measured by the sensor).
Claim 62
WO 2010012631 A1 discloses measuring light emitted from the container (Fig. 1, Ref. 5) further comprises calculating the level the container is sealed according to the measured light (volts/time Page 3, Para. 4).
Claim 63
WO 2010012631 A1 discloses calculating a usability grade (meets quality reference value), wherein the usability grade is a percentage of the perimeter of a detected area of light leakage to the total perimeter of the container (Fig. 1, Ref. 5) or a portion thereof (Page 3, Para. 4).
Claim 64
WO 2010012631 A1 discloses approving the container (Fig. 1, Ref. 6) for use according to the level the sterilization container is sealed (matched to the value; Page 3, Para. 4).
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) 50-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2010012631 A1.
Claim 50
WO 2010012631 A1 discloses the claimed invention except for the computer is connected wirelessly to control the at least one light detection device and/or the at least one light source. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine WO 2010012631 A1 with the wireless connection disclosed above since it was well known in the art that that being able to connect to devices wirelessly allows a computer to connect and control multiple devices at the same time, therefore improving the efficiency in controlling the devices. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 51
WO 2010012631 A1 discloses the claimed invention except for the computer commands the at least one light source to perform a sequence of operations, wherein the sequence of operations comprises at least one of turning the at least one light source on, turning the at least one light source off and changing the color of the light from the at least one light source, wherein the light is measured in the chamber when the at least one light source is turned on and when it is turned off. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine WO 2010012631 A1 with changing the color of the light source etc… since it was well known in the art that turn on/off different color light sources allows the device to measure different parameters of the sample, therefore producing more accurate measurements of the sample. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 52
WO 2010012631 A1 discloses the claimed invention except for at least one light source is battery operated and is controlled by the system for at least one of sufficient power, intensity and stable lux values. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine WO 2010012631 A1 with the battery operation listed above since it was well known in the art that using a battery to operate a light source allows the source to be used remotely, therefore improving useability of the light source in remote locations. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Allowable Subject Matter
Claims 46, 48, 60 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 46, 60, the prior art fails to disclose or make obvious the container is a sterilization container made from an opaque material, the sterilization container comprises a body comprising a cavity for holding an item to be sterilized; a lid for covering the cavity; at least one inlet for allowing flow of a sterilant into the container, the inlet is optionally covered with a filter or valve; optionally a sealing component for sealing the inlet of the sterilization container; and optionally, wherein the at least one inlet with a filter is positioned on the lid of the sterilization container; the container is a sterilization container, optionally wherein the sterilization container comprises at least one inlet covered with a filter or valve and wherein the method comprises a step of replacing the filter or valve or covering the filter or valve of the inlet of the container with a sealing component, and in combination with the other recited limitations of claims 45, 46, 59, 60. Claim 48 would be allowable because it depends on allowable subject matter of claims 45, 46.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 September 24, 2025