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 filed 5/21/2024 are acknowledged. Claims 1-13 are pending.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 11 and 12 are rejected under 35 U.S.C. 101.
The claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter. Claim 11 is directed to a computer program and does not claim any structure. Claim 12 is directed to a computer readable data carrier which encompasses not only non-transitory media such as a disk or hard drive (patent eligible) but also encompasses transitory media such as signals. For further explanation see MPEP 2106.03 I.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to claim 1, the section below “the method comprises” is confusing. It refers twice to “the radiation emitting device”; however, two different ones are previously introduced. It is unclear as to which is being referred. It is taken that the change in irradiation is from the radiation curtain sensor.
With regards to claim 4, “the change of the optical sensor” lacks antecedent basis.
Claim 5 recites “a second part” which was already previously recited in claim 1. It is unclear if this is the same or different one. Claim 5 also recites “the radiation emitting device” which has the same problem as in claim 1 above.
Claim 6 also recites “the radiation emitting device” which has the same problem as in claim 1 above.
Claim 8 also recites “the radiation emitting device” which has the same problem as in claim 1 above.
Claim 9 also recites “the radiation emitting device” which has the same problem as in claim 1 above.
Dependent claims and claims that incorporate claim 1 are rejected for at leas the same reasons as the claims they depend from/incorporate. Prior art is applied as best as possible below.
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) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ryu et al. (KR 102295293).
With regards to claim 1, Ryu et al. teaches a method for operating a radiation emitting device (air sterilization apparatus 1000 which emits UV light), wherein the radiation emitting device is configured to emit radiation into a first part of a room (upper area) during operation in order to disinfect this first part of the room, wherein the whole room is divided into the first part and a second part (lower part) and the first part is an upper part of the room and the second part is a lower part of the room (divided into upper region for UV light treatment and lower region where people are), wherein a radiation curtain is generated between the first part of the room and the second part of the room so as to detect when an object is passing through the radiation curtain from the second part into the first part of the room, the radiation curtain being defined by radiation emitted by a further radiation source (uses a proximity sensor 1500 which is an infrared sensor that is installed just below the lowest portion that the UV light is irradiated; an infrared proximity sensor emits infrared light and then detects objects that the light hits based on the change in absorption/reflection of the infrared light), wherein the method comprises providing at least one input signal which is indicative of a change of the irradiation of the room with the radiation from the radiation emitting device (change in the reflectance of the infrared light when a person or object is detected), the input signal comprising a first input signal indicative of the measured radiation of the further radiation source (the detected change in the infrared reflectance/absorption), producing an output signal for adjusting the operation of the radiation emitting device depending on the input signal (turns off the UV light when presence is detected entering the upper area of the room)(second paragraph of the detailed description; seventh and sixth paragraph from the end of the detailed description; fig 1; see whole document).
With regards to claims 2-4, the proximity sensor would indicate a change in the optical setup (change in the infrared reflectance/absorption) when an object appeared or moved in the upper area of the room as claimed.
With regards to claims 5 and 6, the infrared sensor works on a change in the irradiation of the infrared light (reflection/absorption) in a area lower that the first part such as the lower area below (second part different from the first part). An infrared sensor uses a radiation detector which detects infrared exposure form its radiation emitting device.
With regards to claim 7, the sensor 1500 is a presence/proximity detector.
With regards to claim 8, the UV emitter is turned off based on detected proximity (occurs automatically).
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) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (KR 102295293) as applied to claim 1 above, and further in view of Romo et al. (US 2015/0367008).
With regards to claim 9, Ryu et al. does not specify that the input signal is indicative of a change of the irradiation in the first part of the room as claimed. Romo et al. teaches using sensors in measure UV light exposure (para [0022]) that provide feedback on the health of the UV system to adjust electrical power to obtain the desired UV output over time (para [0208]). A person having ordinary skill in the art would have found it obvious to have added a UV sensor to measure the UV light in the first part in order to adjust the UV radiation emitting device as needed to ensure desired UV output over time. The combination results in the claimed invention.
With regards to claims 10-12, Ryu et al. does not explicitly state there is a processor, a computer program, or a computer readable carrier with the claimed instructions for the method. Romo et al. teaches using a control system with a computer processor configured to execute computer readable instructions (para [0017]). A person having ordinary skill in the art would have found it obvious to have used a computer processor along with programs and or computer readable data carriers with the taught method in order to provide automatic control of the taught system. The combination results in claims 10-12.
With regards to claim 13, Ryu et al. teaches the method of claim 1 as presented above. Ryu et al. also teaches the device as set forth in claim 1. Ryu et al. does not specify that the input signal is indicative of a change of the irradiation in the first part of the room as claimed. Romo et al. teaches using sensors in measure UV light exposure (para [0022]) that provide feedback on the health of the UV system to adjust electrical power to obtain the desired UV output over time (para [0208]). A person having ordinary skill in the art would have found it obvious to have added a UV sensor to measure the UV light in the first part in order to adjust the UV radiation emitting device as needed to ensure desired UV output over time. The combination results in the claimed invention.
The combination results in the device as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD R SPAMER whose telephone number is (571)272-3197. The examiner can normally be reached Monday to Friday from 9-5.
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799
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