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 .
Drawings
There are no drawings filed with the present application. The specification (pg. 10-15) discusses figures and element numbers, and the claims discuss element numbers, but no figures were filed. Corresponding figures and element numbers from international application PCT/EP2022/071719 were referred to for the purpose of continued examination; however, a set of drawings should be filed with the instant application.
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 1-14, 16-19, 21-22 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.
Regarding claims 1-3, 6, 8, and 10, the phrase "in particular" renders the claims indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The term “substantially” in claims 1 and 21 is a relative term which renders the claims indefinite. The term “substantially” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Regarding claim 1, it is unclear how transparent the surface needs to be to be considered “substantially transparent”. Regarding claim 21, it is unclear how much collimation/direction of the radiation needs to be achieved by rearranging the lenses in order to “substantially collimate or direct radiation”.
Claims 10 and 11 recite the limitation "the plastic plate" in line 2. There is insufficient antecedent basis for this limitation in the claims.
Claims 18 and 19 recite the limitation "the first LED chip" in lines 4 and 2, respectively. There is insufficient antecedent basis for this limitation in the claims.
Claims 18 and 19 recite the limitation "the second LED chip" in lines 6 and 3, respectively. There is insufficient antecedent basis for this limitation in the claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 10, 16-17, 19, 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gerstenmeier (US Pre-Grant Publication 2021/0260400), hereinafter ‘Gerstenmeier’.
Regarding claim 1, Gerstenmeier teaches a body irradiation device (irradiating device 100, Fig. 2C) for use of directional actinic radiation (abstract, actinic radiation) on a living organism, in particular a human being ([0001], human being), which comprises at least one irradiation module (radiation sources 170, Fig. 2C), and wherein the at least one irradiation module comprises:
at least two LED radiation sources (LEDs 322, Fig. 7D) which generate the actinic radiation ([0087], radiation emitted by LEDs) and are arranged on a common carrier (LED array 320, Fig. 7D);
a plate which spans the at least two LED radiation sources, wherein the plate is spaced apart from the carrier (fluorescent covering 340, Fig. 7D);
at least two planoconvex optical lenses (reflectors 332, Fig. 7D) which are integrally bonded to the plate such that the flat surfaces of the lenses face the carrier (Figs. 6B, 7B flat portion of reflectors on the tip face the LED array 320), and
wherein each lens is configured and arranged in such a way as to at least substantially collimate or direct radiation emitted by one of the LED radiation sources ([0117], reflectors collimate the light emitted by LED).
Regarding claim 3, Gerstenmeier teaches the device of claim 1, further comprising:
wherein one side of the plate, in particular the side of the plate facing the carrier (Figs. 6A-6B, reflector array 330), is coated, particularly with a mirroring for, in particular exclusively, radiation in the visible spectrum ([0118], coated with a dye excitable by LEDs to emit fluorescent light of the visible wavelength range).
Regarding claim 10, Gerstenmeier teaches the device of claim 1, further comprising:
wherein the plate and/or the plastic plate comprises a fluorescent material, in particular is coated with the fluorescent material ([0118], coated with dye excitable by light from LEDs).
Regarding claim 16, Gerstenmeier teaches the device of claim 1, further comprising:
wherein at least one of the LED radiation sources comprises a first LED chip having a first radiation spectrum and a second LED chip having a second radiation spectrum differing from the first radiation spectrum ([0079-0080], different types of radiation with different wavelengths).
Regarding claim 17, Gerstenmeier teaches the device of claim 1, further comprising:
wherein at least one first LED radiation source exhibits a first radiation spectrum ([0079], UV-A and UV-B radiation wavelengths of 315-400nm, 280-315nm) and wherein at least one second LED radiation source exhibits a second radiation spectrum ([0080], irradiating visible red light).
Regarding claim 19, Gerstenmeier teaches the device of claim 17, further comprising:
wherein the first LED chip and/or the first LED radiation source emits a UV-A or UV-B spectrum ([0079], UV-A and UV-B radiation wavelengths of 315-400nm, 280-315nm) and the second LED chip and/or the second LED radiation source emits in the red spectrum ([0080], irradiating visible red light).
Regarding claim 21, Gerstenmeier teaches the device of claim 1, further comprising:
an exposure tunnel (exposition tunnel 110, Fig. 2C) capable of surrounding the living organism ([0057, tunnel is capable of surrounding subject 200, Fig. 1B),
wherein the exposure tunnel is formed from at least one lower part of the body irradiation device (second part of chassis 190, Fig. 2C) having a surface (surface 142, Fig. 1B) made from a material which is substantially transparent to the actinic radiation ([0071], actinic radiation emitted through surface upwards to subject) and
at least one upper part of the body irradiation device (first part of chassis 180, Fig. 2C), wherein the surface separates an inner space (inner space 130, Fig. 1B), in which the living organism can be exposed to the actinic radiation, from an outer space (outer spaces 150, 160) ([0070], separate inner and outer spaces, Fig. 1B)
in which at least one LED irradiation module (lower light sources 170l, Fig. 1A) is mounted in such a way as to emit actinic radiation through the surface ([0071], emitting actinic radiation through surface), and
wherein the upper part also has at least one LED irradiation module (upper light sources 170u, Fig. 1A) mounted in such a way as to emit actinic radiation into the inner space ([0071], emitting actinic radiation through surface).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gerstenmeier (US Pre-Grant Publication 2021/0260400).
Regarding claim 11, Gerstenmeier teaches the device of claim 10, further comprising:
wherein a first region of the plate and/or the plastic plate contains fluorescent material opposite from a UV-A LED radiation source ([0079], UV-A radiation wavelengths of 315-400nm),
wherein a second region of the plate and/or the plastic plate contains fluorescent material opposite from a red LED radiation source ([0005], red light), and/or
and/or wherein a third region of the plate and/or the plastic plate contains fluorescent material opposite from a UV-B LED radiation source ([0079], UV-B radiation wavelengths of 280-315nm) ([0118], coated with dye excitable by light from LEDs).
Gerstenmeier does not teach the specific colors of the fluorescent material, namely violet, red, and yellow.
It would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to choose violet, red, and yellow dyes, since applicant has not disclosed that the specific color of the dye solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with any colored dye.
Regarding claim 18, Gerstenmeier teaches the device of claim 11, further comprising:
wherein the first region of the plate is arranged around a lens which collimates light of the first LED radiation source or the first LED chip, and
wherein the second region of the plate is arranged around a lens which collimates light of the second LED radiation source or the second LED chip ([0087], the radiation emitted by each of the LEDs each provided with a reflector can be collimated).
Claims 4-6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Gerstenmeier (US Pre-Grant Publication 2021/0260400) in view of Fiset (US Pre-Grant Publication 2007/0276455), hereinafter ‘Fiset’.
Regarding claim 4, Gerstenmeier teaches the device of claim 1, but does not teach that the lenses are glass-molded.
Fiset teaches a skin tanning chamber (abstract), further comprising:
wherein the at least two planoconvex lenses are glass-molded lenses ([0044], glass lens).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Gerstenmeier to incorporate the teachings of Fiset to include a glass lens. Doing so would allow the lens to be transparent to UV light, as recognized by Fiset [0044].
Regarding claim 5, Gerstenmeier teaches the device of claim 1, but does not teach that the plate is glass.
Fiset teaches a skin tanning chamber (abstract), further comprising:
wherein the plate is a glass plate ([0073], layers 110, 130 can be glass, Fig. 8A).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Gerstenmeier to incorporate the teachings of Fiset to include a glass plate. Doing so would allow the plate to be transparent to UV light, as recognized by Fiset [0073].
Regarding claim 6, Gerstenmeier teaches the device of claim 1, further comprising:
wherein the at least one irradiation module further comprises:
a plastic plate (fluorescent covering 340, Fig. 7D, [0118], fluorescent areas consist of a material, e.g. a polymer) which covers the plate, in particular on the side facing the carrier, and has recesses in the region of the at least two lenses ([0118], fluorescent areas are circular shape openings of the corresponding reflectors 332, Fig. 7D).
Gerstenmeier does not specifically teach that the plastic is at least partially transparent.
Fiset teaches a skin tanning chamber (abstract), further comprising:
an at least partially transparent plastic plate ([0073], layers 110, 130 can be a UV transparent substrate such as plastic).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Gerstenmeier to incorporate the teachings of Fiset to include an at least partially transparent plastic plate. Doing so would allow the plate to be transparent to UV light, as recognized by Fiset [0073].
Regarding claim 12, Gerstenmeier teaches the device of claim 1, but does not teach that the lenses are glass.
Fiset teaches a skin tanning chamber (abstract), further comprising:
wherein the at least two planoconvex lenses are glass lenses ([0044], glass lens).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Gerstenmeier to incorporate the teachings of Fiset to include a glass lens. Doing so would allow the lens to be transparent to UV light, as recognized by Fiset [0044].
Claims 7-9, 13-14, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Gerstenmeier (US Pre-Grant Publication 2021/0260400) in view of Auday et al. (US Pre-Grant Publication 2009/0179547), hereinafter ‘Auday’.
Regarding claim 7, Gerstenmeier teaches the device of claim 1, but does not teach a partially transparent plastic plate.
Auday teaches a device for transmitting UV radiation (abstract), further comprising:
wherein the plate is a partially transparent plastic plate ([0057-0063], materials with varying transmission percentages, including silica).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Gerstenmeier to incorporate the teachings of Auday to include a partially transparent plastic plate. Doing so would allow for sufficient transmission of UV light, as recognized by Auday [0063].
Regarding claim 8, Gerstenmeier and Auday teach the device of claim 7. Gerstenmeier teaches the device further comprising:
wherein the plastic plate comprises, in particular round, recesses in the region of the at least two lenses which are designed such that the at least two lenses are able to be integrally bonded to the plastic plate ([0118], fluorescent area 342 can be a circular shape opening corresponding to reflectors 332, Fig. 7D).
Regarding claim 9, Gerstenmeier and Auday teach the device of claim 8. Gerstenmeier teaches the device further comprising:
wherein the recesses each form a seat for the flat side of the at least two lenses ([0118], corresponding reflectors).
Regarding claim 13, Gerstenmeier teaches the device of claim 1, further comprising:
wherein at least one of the LED radiation sources emits UV-A radiation ([0079], UV-A radiation wavelengths of 315-400nm).
Gerstenmeier does not teach that the associated lens consists of borosilicate glass.
Auday teaches a device for transmitting UV radiation (abstract), further comprising:
the lens associated with this LED radiation source for collimating the radiation consists of borosilicate glass ([0057-0058], borosilicate glass).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Gerstenmeier to incorporate the teachings of Auday to include a lens made of borosilicate glass. Doing so would allow for sufficient transmission of UV-A light, as recognized by Auday [0058].
Regarding claim 14, Gerstenmeier teaches the device of claim 1, further comprising:
wherein at least one of the LED radiation sources emits UV-B radiation ([0079], UV-B radiation wavelengths of 280-315nm).
Gerstenmeier does not teach that the associated lens consists of quartz glass.
Auday teaches a device for transmitting UV radiation (abstract), further comprising:
the lens associated with this LED radiation source for collimating the radiation consists of quartz glass ([0058], quartz).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Gerstenmeier to incorporate the teachings of Auday to include a lens made of quartz glass. Doing so would allow for sufficient transmission of UV-B light, as recognized by Auday [0058].
Regarding claim 22, Gerstenmeier teaches the device of claim 1, but does not teach spacers.
Auday teaches a device for transmitting UV radiation (abstract), further comprising:
wherein the at least one irradiation module further comprises:
spacers (spacers 9, Fig. 1) between the plate and the carrier which keep the plate and the carrier at a defined distance ([0075], glass elements are kept apart by spacers).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Gerstenmeier to incorporate the teachings of Auday to include spacers. Doing so would allow for space for sterilization gasses, as recognized by Auday [0131].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Gerstenmeier (US Pre-Grant Publication 2021/0260400) in view of Pasedag et al. (DE 10 2020 114666), hereinafter ‘Pasedag’. The English translation of the reference is attached and quoted in the citation below.
Regarding claim 2, Gerstenmeier teaches the device of claim 1, but does not teach that one side of the plate is satinized.
Pasedag teaches a light therapy chamber (abstract), further comprising:
wherein at least one plate side, in particular the opposite side of the plate from the carrier, is satinized (“satined Plexiglas”).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Gerstenmeier to incorporate the teachings of Pasedag to include a satinized plate. Doing so would allow for low light absorption, as recognized by Pasedag (“The satined Plexiglas absorbs only approx. 8% of the light and reflects scattered light.”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Won (KR 20170120772) teaches a UV lighting device (see Fig. 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH L OKONAK whose telephone number is (571)272-1594. The examiner can normally be reached Monday-Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at (571) 270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.L.O./Examiner, Art Unit 3792
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796
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