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 .
Claim Objections
Claims 1, 19 and 21 are objected to because of the following informalities: the phrase “selectively activating” in each claim should read “selectively activate”. Appropriate correction is required.
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 1-17 and 19-21 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.
Claim 1 recites “items provided in relation to consumption of food”. It is not clear exactly what items fit into this description. The specification describes the items as being utensils and plates, but the claim language can be interpreted to cover actual food, as well as food wrappers and other items.
Claims 2-17 and 19-21 are rejected for their dependence on claim 1.
Claim 17 recites “a similar light converting material”. This does not clearly define the materials or material properties required to meet the claim limitations.
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.
Claims 1-7, 9, 14-15 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Duman (EP 3933312 A1) in view of Zhang (CN 106949691 A).
Regarding claim 1, Duman teaches a system for reducing microorganisms (sterilization of foodstuffs, [0001]), wherein the system comprises:
A housing (compartment 3 in refrigerator 1) arranged to receive items provided in relation to consumption of food (foodstuffs, [0001]);
An ultraviolet lighting arrangement (UV light source 4) positioned within the housing and arranged to illuminate the items received within the housing (Abstract, fig. 1),
A driver (implicitly part of control unit 6, as some drive means must exist to power the LEDs) adapted to provide a drive signal to the UV lighting arrangement, and
A control unit (6) arranged to estimate an amount of human interaction (measuring behavioral tendencies of user, [0016]) with an interior of a housing and to selectively activating the driver based on the amount of human interaction (e.g. operating longer on days expected to have higher human interaction, [0016]).
(Note that “selectively activating the driver” is interpreted to include activating based on a user selection. Further, automating the driver so that it does not require active user input would be a matter of ordinary skill in the art, as it has been held that automating a manual activity is within the skill of one of ordinary skill in the art (MPEP 2144.04 III [R-01.2024]).
Duman does not teach that the system is portable.
Zhang teaches a portable refrigerator having a UV sterilization system (Abstract).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the current invention to reduce the dimension of the refrigerator of Deman to make it portable, as portable refrigerators are known as taught by Zhang and the size of the refrigerated compartment does not have a functional effect on the ultraviolet disinfection system.
Regarding claim 2, Duran teaches that the housing comprises an openable portion (door, fig. 1) for allowing human interaction with the items.
Regarding claim 3, Duran teaches that the UV lighting arrangement comprises a plurality of UV light sources arranged spaced apart for achieving a light intensity uniformity at the items when the UV lighting arrangement is activated (lights are spread to reach multiple points in the compartment, [0009], so that some level of uniformity is achieved).
Duran does not teach that the UV light sources are at a top section of a housing.
However it would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to place the light sources at a top section of a housing, as a simple rearrangement of parts of the invention (attaching the bulbs to the top of the container) in order to effectively irradiate objects in the chamber with no unexpected result. See MPEP 2144.04 VI C [R-01.2024].
Regarding claim 4, Duran teaches that at least one sensor (door sensor, [0017]) arranged in communication with the control unit, wherein information from the at least one sensor is acquired by the control unit for estimating the human interaction (measuring opening/closing times of door to determine user behavior, [0017]).
Regarding claim 5, Duran teaches that the sensor is a switch (induction switch, [0017]).
Regarding claim 6, Duran teaches that the UV lighting arrangement comprises a plurality of non-mercury based light sources (LED lights, [0008]).
Regarding claim 7, Duran teaches that the plurality of non-mercury based UV light sources comprises light emitting devices ([0008]).
Regarding claim 9, Duran teaches that the control unit is further adapted to apply a predetermined minimum amount of UV radiation to the items over a predefined time period (20 minutes, [0012]; minimum UV radiation is the minimum produced by the activated bulbs).
Regarding claim 14, Duran teaches that the control unit is adapted to activate the UV lighting arrangement upon the openable portion of the housing being detected to be in a closed state.
Regarding claim 15, Duran teaches that the UV lighting arrangement is configured to emit UV light within a major portion of a wavelength range defined between 210-350 nm (254 nm, [0013]).
Regarding claim 21, Duran teaches that the control unit is further adapted to selectively operate the driver based on an expected user behavior in relation to the items (e.g. based on the day the user shops, [0016]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Duman in view of Zhang and in further view of Yeom (CN 112444048 A).
Regarding claim 8, Duman and Zhang teach all the limitations of claim 1 as described above. Duman and Zhang do not teach that the openable portion is automatically opened when a human is detected in a vicinity of the system.
Yeom teaches a refrigerator which automatically opens when a human is detected (Abstract).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Duman and Zhang to have the automatic opening of Yeom, in order to provide convenient hands-free operation of the refrigerator.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Duman in view of Zhang and in further view of Ludwig (DE 102021114486 A1).
Regarding claim 10, Duran and Zhang teach all the limitations of claim 1 as described above. Duran and Zhang do not teach that the housing comprises a plurality of side sections, and the side sections are arranged together to allow the housing to be foldable.
Ludwig teaches a foldable housing for a refrigerator compartment comprising a plurality of side sections (205 and 210, fig. 3) arranged together to allow the housing to be foldable (p. 2 paragraphs 3-4).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Duran to have the foldable housing of Ludwig in order to allow various sizes or amounts of objects to be stored in the compartment as described by Ludwig.
Regarding claim 11, Duran and Zhang teach all the limitations of claim 1 as described above. Duran and Zhang do not teach that the housing has an open bottom section.
Ludwig teaches a refrigerator compartment which may have an open bottom section (flap, p. 1 paragraph 5).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Duran to have the open bottom section taught by Ludwig, in order to store tall items in the compartment as described by Ludwig.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Duman in view of Zhang and in further view of Shur (US 10,517,976 B2).
Regarding claim 12, Duman and Zhang teach all the limitations of claim 1 as described above. Duman and Zhang do not teach that at least a portion of the housing is arranged to reflect UV light for containing emitted UV light within the housing.
Schur teaches a refrigerator compartment having a reflective housing for containing UV light (col. 2 lines 32-35).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the current invention to modify the system of Duman and Zhang to have the reflective housing of Schur, in order to maximize the UV disinfection efficiency in a manner known in the art.
Regarding claim 13, Duman and Zhang teach all the limitations of claim 1 as described above. Duman and Zhang do not teach that the control unit is adapted to deactivate the UV lighting arrangement upon human interaction with the system.
Schur teaches a UV sterilization system which deactivates UV light upon interaction with the system (shutting off UV when door is opened, col. 15 lines 20-25).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Duman to deactivate the UV light when the door is open as taught by Schur, in order to prevent accidental exposure of a user to harmful UV light.
Claims 7 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Duman in view of Zhang and in further view of Tirén (WO 2018106168 A1).
Regarding claim 7, Duman and Zhang teach all the limitations of claim 6 as described above. Duman and Zhang do not teach a plurality of field emission light sources.
Tirén teaches a field-emission UV light source (Abstract) suitable for a disinfection system (p. 4 lines 19-20).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Duman to have the field emission light sources of Tirén, as a matter of substituting a known type of light source capable of performing the desired sterilization function with no unexpected result
Regarding claim 16, Tirén teaches that the plurality of field emission light sources comprise a light converting material (p. 2 lines 10-15) arranged to receive electrons and to emit UV light.
Regarding claim 17, Tirén teaches that the light converting material is selected to be LuPO3:Pr3+.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Duman in view of Zhang and in further view of Chen (CN 113124614 A).
Regarding claim 19, Duman and Zhang teach all the limitations of claim 1 as described above. Duman and Zhang do not teach a temperature sensor arranged within the housing, wherein the control unit is further adapted to selectively activate the driver based on an average temperature within the housing as determined over a predefined time period.
Chen teaches a refrigerator which can sterilize an object (Abstract) based on an average temperature in a predefined time period (temperature-based sterilization, p. 4 paragraphs 10-12; based on an average measurement, p. 10 paragraph 7).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Duman and Zhang to have the temperature sensor of Chen in order to controllably sterilize an object based on its temperature for optimum sterilization of various foodstuffs with no unexpected result.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Duman in view of Zhang and in further view of Belkhadi (US 20220040347 A1).
Regarding claim 20, Duman and Zhang teach all the limitations of claim 1 as described above. Duman and Zhang do not teach at least one photovoltaic cell connected to the driver for delivering energy for powering the UV lighting arrangement.
Belkadhi teaches a UV sterilization system ([0013]) with a photovoltaic cell for powering the UV lighting arrangement ([0026]).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Duman and Zhang to have the photovoltaic cell of Belkhadi, as a known equivalent means of providing power to the UV sterilization system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SMITH whose telephone number is (571)270-7096. The examiner can normally be reached M to F 8:30 AM-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at 22293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID E SMITH/Examiner, Art Unit 2881
Prosecution Insights