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.
Product-by-Process Claims
Note that product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. (See MPEP §2113). Claims 2-3 are interpreted as product-by-process claims and will be examined upon the merits of such claims (see claim 2 line(s) 15-17).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2,4-5 are rejected under 35 U.S.C. 103 as being obvious over KHAN (US 20150314024).
Regarding claim 1, KHAN teaches an apparatus for liquid disinfection by light emitted from light emitting diodes (title, Figs.) including a fluid sterilization device comprising:
a first embodiment including:
a first flow path portion (Fig. 5A #330) that extends in an axial direction and capable of allowing a fluid to pass from a first end (near #320) to a second end (near #440);
a light source unit (Fig. 5A #410) that is connected to the second end of the first flow path portion and capable of irradiating the fluid with ultraviolet light (par. [0002,0052]);
a second flow path portion (Fig. 5A #335) that is opposed to the first flow path portion with the light source unit interposed between the first flow path portion and the second flow path portion;
a third flow path portion (Fig. 5A #440) that is arranged outside of the light source unit in a radial direction and is capable of allowing the fluid flowing through the first flow path portion to flow into the second flow path portion; and,
the third flow path portion is made of a resin (e.g. polytetrafluoroethylene or PTFE, par. [0065]).
KHAN further teaches in another embodiment:
a first flow path portion (Fig. 4A #152) that extends in an axial direction and capable of allowing a fluid to pass from a first end (near the inlet) to a second end (near #200);
light source units (Fig. 4A #200) that is connected to the second end of the first flow path portion and capable of irradiating the fluid with ultraviolet light (par. [0002,0043]);
a second flow path portion (Fig. 4A #153) that is parallel to the first flow path portion with the light source unit interposed between the first flow path portion and the second flow path portion; and
a third flow path portion (Figs. 4A,B #155,165) that is arranged outside of the light source unit in a radial direction and is capable of allowing the fluid flowing through the first flow path portion to flow into the second flow path portion,
e.g. the light source units includes a first and second communication portion (Figs. 4A-C #255) that communicates with the third flow path portion, and
the third flow path portion is made of a resin (e.g. polytetrafluoroethylene or PTFE, par. [0065]).
While KHAN does not teach the combined invention as claimed, it is obvious to one having ordinary skill in the art to combine various features of different embodiments (e.g. a second flow path portion that is opposed to the first flow path portion as taught in the first embodiment and first and second communication portions as taught in the second embodiment) to arrive at the claimed invention. Such engineering design choices, at the time the invention was filed, would have been obvious to one having ordinary skill in the art, because a person of ordinary skill is also a person of ordinary creativity. KSR Int' l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007).
Regarding claim 2, KHAN teaches an apparatus for liquid disinfection by light emitted from light emitting diodes (title, Figs.) including a fluid sterilization device comprising:
a first embodiment including:
a first flow path portion (Fig. 5A #330) that extends in an axial direction and capable of allowing a fluid to pass from a first end (near #320) to a second end (near #440);
a light source unit (Fig. 5A #410) that is connected to the second end of the first flow path portion and capable of irradiating the fluid with ultraviolet light (par. [0002,0052]);
a second flow path portion (Fig. 5A #335) that is opposed to the first flow path portion with the light source unit interposed between the first flow path portion and the second flow path portion; and,
a third flow path portion (Fig. 5A #440) that is arranged outside of the light source unit in a radial direction and is capable of allowing the fluid flowing through the first flow path portion to flow into the second flow path portion.
KHAN further teaches in another embodiment:
a first flow path portion (Fig. 4A #152) that extends in an axial direction and capable of allowing a fluid to pass from a first end (near the inlet) to a second end (near #200);
light source units (Fig. 4A #200) that is connected to the second end of the first flow path portion and capable of irradiating the fluid with ultraviolet light (par. [0002,0043]);
a second flow path portion (Fig. 4A #153) that is parallel to the first flow path portion with the light source unit interposed between the first flow path portion and the second flow path portion;
a third flow path portion (Figs. 4A,B #155,165) that is arranged outside of the light source unit in a radial direction and is capable of allowing the fluid flowing through the first flow path portion to flow into the second flow path portion;
e.g. the light source units includes a first and second communication portion (Figs. 4A-C #255) that communicates with the third flow path portion; and,
the first communication portion includes a cut-out communication region that is formed by cutting out a part of a connection portion between the first flow path portion and the light source unit (see Figs. 4B,C, where #255 is cut out for communication with #155).
While KHAN does not teach the combined invention as claimed, it is obvious to one having ordinary skill in the art to combine various features of different embodiments (e.g. a second flow path portion that is opposed to the first flow path portion as taught in the first embodiment and first and second communication portions/cut outs as taught in the second embodiment) to arrive at the claimed invention. Such engineering design choices, at the time the invention was filed, would have been obvious to one having ordinary skill in the art, because a person of ordinary skill is also a person of ordinary creativity. KSR Int' l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007).
Regarding claim 4, KHAN teaches:
the light source unit further includes an ultraviolet light transmission window portion (e.g. Figs. 3B-D #210; par. [0030,0037]) opposed to the second end of the first flow path unit; and
a width of the ultraviolet light transmission window portion appears to be about the same as an inside diameter of the first flow path portion (see e.g. Fig. 3D #210).
KHAN does not teach a width of the ultraviolet light transmission window portion is larger than an inside diameter of the first flow path portion; however, one having ordinary skill in the art would recognize that the window width is a results-effective variable that affects the sterilization structure and properties and that making the window larger would ensure the full coverage of the influent for sterilization.
Therefore, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to provide for the window width to be larger than an inside diameter of the first flow path portion because it is a results-effective variable. See MPEP 2144.05 II, A & B.
Regarding claim 5, KHAN teaches the third flow path portion is e.g. polytetrafluoroethylene (PTFE, par. [0065]).
Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being obvious over KHAN (US 20150314024) in view of YENCHO (US 8529770).
Regarding claims 6-7, KHAN teaches the third flow path portion is e.g. polytetrafluoroethylene (PTFE, par. [0065]), but does not teach other resins. However, YENCHO teaches a self-contained UV-C purification system (title, Figs.), where the purification tubes may be fabricated of a food grade plastic such as polypropylene (C7/L52-67).
Therefore, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the material of KHAN’s device to be made of polyethylene for the purpose of being a food grade material. The references are combinable, because they are in the same technological environment of sterilizers. See MPEP 2141 III (A) and (G).
Allowable Subject Matter
Claim 3 has allowable subject matter over the prior art of record. Claim 3 is 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.
The prior art neither teaches, suggests, nor makes obvious to one having ordinary skill in the art a fluid sterilization device comprising the combination of claimed elements including cut-out communication regions arranged alternately in a circumferential direction.
Telephonic Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIAM A ROYCE whose telephone number is (571)270-0352. The examiner can normally be reached M-F ~08:00~15:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ben Lebron can be reached at (571) 272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Liam Royce/ Primary Examiner, Art Unit 1773
LIAM A. ROYCE
Primary Examiner
Art Unit 1773
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