Prosecution Insights
Last updated: August 17, 2026
Application No. 18/909,711

Device for TOC Reduction in Ultrapure Water

Non-Final OA §103
Filed
Oct 08, 2024
Examiner
MCCORMACK, JASON L
Art Unit
2881
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Ovivo Inc.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
880 granted / 1040 resolved
+16.6% vs TC avg
Moderate +8% lift
Without
With
+7.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
57 currently pending
Career history
1074
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
50.4%
+10.4% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
21.8%
-18.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1040 resolved cases

Office Action

§103
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 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) 1, 2, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rajagopalan et al. U.S. PGPUB No. 2020/0062615 in view of Woodling et al. U.S. PGPUB No. 2011/0318237. Regarding claim 1, Rajagopalan discloses a device for TOC reduction by UV oxidation in the production of ultrapure water (“The purification, to which the present invention pertains, aims at reducing the TOC content in the fluid flowing through the device through organic oxidizing reactions induced by the UV-C radiation” [0005]), comprising: an elongated cylindrical tube 5a (“elongated cylindrical container 5 with an outer cylinder 5a” [0045]), an elongated high purity quartz (“The fused quartz preferably used is a synthetic fused quartz. Furthermore, the (synthetic) fused quartz may comprise a certain content of hydrogenmonoxid (OH) that prevents solarisation in the UV-range and has some absorption peaks in the infrared range” [0050]) tube 10a within the tube 5a (“the inner cylinder 10a or at least the interface wall 11 thereof is preferably made from or at least includes in relevant portions a quartz material that is permeable for radiation in the ultraviolet range” [0050]), defining an annular channel volume between the quartz tube 10a and the tube 5a (“an inner diameter of the outer cylinder of approximately 25 mm” [0047]), a UV source 13 within the quartz tube 10a, positioned to radiate UV radiation outwardly through the annular channel volume (“the excimer lamp 13 emits radiation, e.g. UV-light, into an area (active oxidation layer) 15 adjacent to the interface wall 11 in the fluid” [0054]), the radiation including wavelengths smaller than 200 nm (“The main wavelength of the radiation of the excimer lamp 13 preferably used in the invention is preferably below 200 nm, preferably between 150 nm and 200 nm” [0052]), and an inlet 3 for water (“The invention relates to a flow-through fluid purification device for purifying a fluid, preferably by oxidizing organics contained in pure or ultra-pure water” [0001]) at one end of the elongated tube 5a and an outlet 7 for water at an opposite end, so that water can be conducted through the annular channel volume from the one end to the opposite end (“An exposure zone for the fluid to be purified is located between the inlet 3 and outlet 7 and defines an active reactor length” [0045]) to oxidize and/or reduce TOC in the water (“The purification, to which the present invention pertains, aims at reducing the TOC content in the fluid flowing through the device through organic oxidizing reactions induced by the UV-C radiation” [0005]). Rajagopalan discloses the claimed invention except that while Rajagopalan discloses “manufacturing the baffles, i.e. by stamping them out from a sheet material like metal. In particular, stainless steel is a preferred material for the use in the pharmaceutical industry, the food industry and the like and in the context of the present invention metal (especially stainless steel) has a good UV stability with respect to the wavelengths of the radiation source and is inert to not interact with the fluid” [0024], there is no explicit disclosure that the elongated cylindrical tube is made from stainless steel. Additionally, although Rajagopalan discloses that “an inner diameter of the outer cylinder of approximately 25 mm” [0047] (implying a radius of 12.5 mm), Rajagopalan does not explicitly recite that an annular channel volume between the inner, quartz tube, and the outer tube is no greater than about 10 mm. Woodling discloses a device for production of ultrapure water (“Ultraviolet light (UV) light is an effective means for pollutant removal from contaminated waters through either direct UV photolysis or UV radiation-indirectly-induced oxidation of chemical compounds” [0002]), comprising: an elongated stainless steel cylindrical tube 102 (“The vessel 102 may be fabricated from stainless steel” [0021]), a UV source 106/108 forming an inner tube (as illustrated in figure 1), positioned to radiate UV radiation outwardly through the annular channel volume (“the water mass fraction, as a percentage, which receives a certain UV dosage during its residence time in the reactor” [0024]), and an inlet 118 for water at one end of the elongated stainless steel tube 102 and an outlet 120 for water at an opposite end (as illustrated in figure 1). It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified the cylindrical tube of Rajagopalan with the stainless steel material of Woodling in order to form the cylindrical tube from a material having a good UV stability with respect to the wavelengths of the radiation source and is inert to not interact with the fluid (as discussed in paragraph [0024] of Rajagopalan. Rajagopalan discloses that “an inner diameter of the outer cylinder of approximately 25 mm” [Rajagopalan: 0047]. While this diameter implies a radius of 12.5 mm, and Rajagopalan discloses that the “inner cylinder” [Rajagopalan: 0049] has “an outer diameter” [Rajagopalan: 0049], Rajagopalan does not explicitly disclose the outer diameter of the inner cylinder, and so the width between the quartz tube and the outer tube cannot be ascertained for certain (Rajagopalan does not explicitly disclose an annular channel volume no greater than about 10 mm in width between the quartz tube and the outer tube). Woodling identifies that the inner diameter of the outer tube of such a configuration of a UV reactor having a central lamp (as discussed above) is a result-effective variable (“The size and diameter of the vessel 102 is related to the characteristics of the target water, UV lamp diameter and output wavelength of the UV lamp” [Woodling: 0021]). However, Rajagopalan and Woodling do not explicitly disclose an annular channel volume no greater than about 10 mm in width between the quartz tube and the stainless steel tube. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form an annular channel volume no greater than about 10 mm in width between the quartz tube and the stainless steel tube since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to form an annular channel volume no greater than about 10 mm in width between the quartz tube and the stainless steel tube for the purpose of selecting a reactor vessel size related to the characteristics of the target water (related to the flow rate, TOC, amount of treatment required, etc.), UV lamp diameter and output wavelength of the UV lamp. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235. Regarding claim 2, Rajagopalan discloses at least one baffle within the annular channel volume in the path of water to flow through the volume (“eight baffle plates 9 are arranged in the exposure zone inside the container 5 outer cylinder 5a” [0047]), effective to cause exchange between inner and outer layers of the water as the water moves through the annular channel volume (“the baffles generate just sufficient turbulences in the fluid in the immediate vicinity of the interface wall to the radiation source” [0015]), exposing substantially all such flowing water to close proximity to the quartz tube and the UV source (“The baffle plates in the device according to invention and the narrow gaps between the baffle plates and the interface wall to the radiation source generate a small fluid wall thickness along the interface wall so that substantially all the fluid is exposed to the radiation even if a mercury free radiation source like an excimer lamp with a relatively low wavelength in the range of 150 nm to 200 nm is used that has a relatively low transmission through water” [0015]). Regarding claim 7, Rajagopalan discloses a device for TOC reduction by UV oxidation in the production of ultrapure water (“The purification, to which the present invention pertains, aims at reducing the TOC content in the fluid flowing through the device through organic oxidizing reactions induced by the UV-C radiation” [0005]), comprising: an elongated cylindrical tube 5a (“elongated cylindrical container 5 with an outer cylinder 5a” [0045]), an elongated high purity quartz (“The fused quartz preferably used is a synthetic fused quartz. Furthermore, the (synthetic) fused quartz may comprise a certain content of hydrogenmonoxid (OH) that prevents solarisation in the UV-range and has some absorption peaks in the infrared range” [0050]) tube 10a within the tube 5a (“the inner cylinder 10a or at least the interface wall 11 thereof is preferably made from or at least includes in relevant portions a quartz material that is permeable for radiation in the ultraviolet range” [0050]), defining an annular channel volume no greater than about 15 mm in width between the quartz tube 10a and the tube 5a (“an inner diameter of the outer cylinder of approximately 25 mm” [0047] – implying a radius of 12.5 mm, implying that the distance between the quartz tube 10a and the cylindrical tube 5a is less than 12.5 mm, based on the outer diameter of the quartz tube 10a), a UV source 13 within the quartz tube 10a, positioned to radiate UV radiation outwardly through the annular channel volume (“the excimer lamp 13 emits radiation, e.g. UV-light, into an area (active oxidation layer) 15 adjacent to the interface wall 11 in the fluid” [0054]), the radiation including wavelengths smaller than 200 nm (“The main wavelength of the radiation of the excimer lamp 13 preferably used in the invention is preferably below 200 nm, preferably between 150 nm and 200 nm” [0052]), and an inlet 3 for water (“The invention relates to a flow-through fluid purification device for purifying a fluid, preferably by oxidizing organics contained in pure or ultra-pure water” [0001]) at one end of the elongated tube 5a and an outlet 7 for water at an opposite end, so that water can be conducted through the annular channel volume from the one end to the opposite end (“An exposure zone for the fluid to be purified is located between the inlet 3 and outlet 7 and defines an active reactor length” [0045]) to oxidize and/or reduce TOC in the water (“The purification, to which the present invention pertains, aims at reducing the TOC content in the fluid flowing through the device through organic oxidizing reactions induced by the UV-C radiation” [0005]), and including at least one baffle within the annular channel volume in the path of water to flow through the volume (“eight baffle plates 9 are arranged in the exposure zone inside the container 5 outer cylinder 5a” [0047]), effective to cause exchange between inner and outer layers of the water as the water moves through the annular channel volume (“the baffles generate just sufficient turbulences in the fluid in the immediate vicinity of the interface wall to the radiation source” [0015]), exposing substantially all such flowing water to close proximity to the quartz tube and the UV source (“The baffle plates in the device according to invention and the narrow gaps between the baffle plates and the interface wall to the radiation source generate a small fluid wall thickness along the interface wall so that substantially all the fluid is exposed to the radiation even if a mercury free radiation source like an excimer lamp with a relatively low wavelength in the range of 150 nm to 200 nm is used that has a relatively low transmission through water” [0015]). Rajagopalan discloses the claimed invention except that while Rajagopalan discloses “manufacturing the baffles, i.e. by stamping them out from a sheet material like metal. In particular, stainless steel is a preferred material for the use in the pharmaceutical industry, the food industry and the like and in the context of the present invention metal (especially stainless steel) has a good UV stability with respect to the wavelengths of the radiation source and is inert to not interact with the fluid” [0024], there is no explicit disclosure that the elongated cylindrical tube is made from stainless steel. Woodling discloses a device for production of ultrapure water (“Ultraviolet light (UV) light is an effective means for pollutant removal from contaminated waters through either direct UV photolysis or UV radiation-indirectly-induced oxidation of chemical compounds” [0002]), comprising: an elongated stainless steel cylindrical tube 102 (“The vessel 102 may be fabricated from stainless steel” [0021]), a UV source 106/108 forming an inner tube (as illustrated in figure 1), positioned to radiate UV radiation outwardly through the annular channel volume (“the water mass fraction, as a percentage, which receives a certain UV dosage during its residence time in the reactor” [0024]), and an inlet 118 for water at one end of the elongated stainless steel tube 102 and an outlet 120 for water at an opposite end (as illustrated in figure 1). It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified the cylindrical tube of Rajagopalan with the stainless steel material of Woodling in order to form the cylindrical tube from a material having a good UV stability with respect to the wavelengths of the radiation source and is inert to not interact with the fluid (as discussed in paragraph [0024] of Rajagopalan. Claim(s) 3, 4, 5, 8, 9, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rajagopalan et al. U.S. PGPUB No. 2020/0062615 in view of Woodling et al. U.S. PGPUB No. 2011/0318237 in further view of Sprague U.S. PGPUB No. 2008/0277009. Regarding claim 3, Rajagopalan discloses the claimed invention except that while Rajagopalan discloses that “The baffle plates in the device according to invention and the narrow gaps between the baffle plates and the interface wall to the radiation source generate a small fluid wall thickness along the interface wall so that substantially all the fluid is exposed to the radiation even if a mercury free radiation source like an excimer lamp with a relatively low wavelength in the range of 150 nm to 200 nm is used that has a relatively low transmission through water… the baffles generate just sufficient turbulences in the fluid in the immediate vicinity of the interface wall to the radiation source, especially through having at least one surface perpendicular to the flow direction of the fluid, that the fluid flow is not laminar but is intermixed without reducing the flow rate along the length of the device” [0015], there is no explicit disclosure that the baffle is configured to disturb laminar flow of water by creating eddy currents and vortices in the flowing water. Sprague discloses an ultraviolet reactor for treating water (“Contaminated water flows through the passage between the inner and outer tubes and is exposed to the UV light to effect treatment of the water” [0004]), wherein “The present invention generally relates to turbulent fluid flow, and more particularly to a baffle for generating multiple helical vortices in a fluid stream beneficial in a wide variety of industrial applications” [0001]. It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Rajagopalan and Woodling with the baffles of Sprague (creating eddy currents and vortices in the flowing water) in order to more effectively mix water flowing through an ultraviolet reactor so as to more thoroughly and completely exposed the water to ultraviolet radiation for treatment. Regarding claim 4, Rajagopalan discloses a series of the baffles within the annular flow channel volume (“The invention is not limited to eight baffle plates 9 and may include for example four, preferably eight to twelve baffle plates. The optimum number of baffle plates 9 can be determined in relation to the container length and diameter, i.e. the desired flow volume” [0047]). Regarding claim 5, Rajagopalan discloses that each baffle has preferential major flow openings at particular rotational orientations, and wherein the series of baffles are staggered in rotational orientation from baffle to baffle, so that when water flows through the annular channel volume the water is induced to further mix and swirl and causing essentially all of the water to flow in close proximity to the quartz tube (“Each baffle is provided with a channel between the edge of the baffle and the inner peripheral wall of the chamber to permit fluid to flow past the baffle at a portion adjacent to the chamber wall and the channels of neighboring baffles are offset from each other to generate a sinuous and turbulent flow of the fluid as it traverses the length of the chamber” [0009]). Regarding claim 8, Rajagopalan discloses the claimed invention except that while Rajagopalan discloses that “The baffle plates in the device according to invention and the narrow gaps between the baffle plates and the interface wall to the radiation source generate a small fluid wall thickness along the interface wall so that substantially all the fluid is exposed to the radiation even if a mercury free radiation source like an excimer lamp with a relatively low wavelength in the range of 150 nm to 200 nm is used that has a relatively low transmission through water… the baffles generate just sufficient turbulences in the fluid in the immediate vicinity of the interface wall to the radiation source, especially through having at least one surface perpendicular to the flow direction of the fluid, that the fluid flow is not laminar but is intermixed without reducing the flow rate along the length of the device” [0015], there is no explicit disclosure that the baffle is configured to disturb laminar flow of water by creating eddy currents and vortices in the flowing water. Sprague discloses an ultraviolet reactor for treating water (“Contaminated water flows through the passage between the inner and outer tubes and is exposed to the UV light to effect treatment of the water” [0004]), wherein “The present invention generally relates to turbulent fluid flow, and more particularly to a baffle for generating multiple helical vortices in a fluid stream beneficial in a wide variety of industrial applications” [0001]. It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Rajagopalan and Woodling with the baffles of Sprague (creating eddy currents and vortices in the flowing water) in order to more effectively mix water flowing through an ultraviolet reactor so as to more thoroughly and completely exposed the water to ultraviolet radiation for treatment. Regarding claim 9, Rajagopalan discloses a series of the baffles within the annular flow channel volume (“The invention is not limited to eight baffle plates 9 and may include for example four, preferably eight to twelve baffle plates. The optimum number of baffle plates 9 can be determined in relation to the container length and diameter, i.e. the desired flow volume” [0047]). Regarding claim 10, Rajagopalan discloses that each baffle has preferential major flow openings at particular rotational orientations, and wherein the series of baffles are staggered in rotational orientation from baffle to baffle, so that when water flows through the annular channel volume the water is induced to further mix and swirl and causing essentially all of the water to flow in close proximity to the quartz tube (“Each baffle is provided with a channel between the edge of the baffle and the inner peripheral wall of the chamber to permit fluid to flow past the baffle at a portion adjacent to the chamber wall and the channels of neighboring baffles are offset from each other to generate a sinuous and turbulent flow of the fluid as it traverses the length of the chamber” [0009]). Claim(s) 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rajagopalan et al. U.S. PGPUB No. 2020/0062615 in view of Woodling et al. U.S. PGPUB No. 2011/0318237 in further view of Austin U.S. Patent No. 5,707,594. Regarding claim 6, Rajagopalan discloses the claimed invention except that there is no explicit disclosure of a series of the elongated stainless steel cylindrical tubes with quartz tubes and UV sources, in a modular ultrapure water producing device wherein each of said inlet and said outlet includes a manifold plate connecting the inlet or outlet with all of the stainless steel cylindrical tubes, to produce a high throughput of ultrapure water. Austin discloses a series of elongated UV water reactors (“Fluid flow in the at least one UV transmissive tube is subjected to ozone produced therein by irradiation by the germicidal UV tube, and fluid flow is controlled with no more than minor attenuation at germicidal UV radiation frequencies” [Abstract]) arranged in a modular ultrapure water producing device wherein each of said inlet and said outlet includes a manifold plate connecting the inlet or outlet with all of the cylindrical tubes, to produce a high throughput of ultrapure water (“Mounting bracket 5 allows many systems to be rack mounted where the gas and liquid inputs and outputs can be connected together via a manifold or any other viable connection method which allows the PCS to be expanded to virtually any size system to accommodate any desired capacity” [col. 4; lines 46-50]). It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Rajagopalan and Woodling with the multiple, connected UV water reactors of Austin in order to improve capacity so as to improve throughput of a water sterilization apparatus. Regarding claim 11, Rajagopalan discloses the claimed invention except that there is no explicit disclosure of a series of the elongated stainless steel cylindrical tubes with quartz tubes and UV sources, in a modular ultrapure water producing device wherein each of said inlet and said outlet includes a manifold plate connecting the inlet or outlet with all of the stainless steel cylindrical tubes, to produce a high throughput of ultrapure water. Austin discloses a series of elongated UV water reactors (“Fluid flow in the at least one UV transmissive tube is subjected to ozone produced therein by irradiation by the germicidal UV tube, and fluid flow is controlled with no more than minor attenuation at germicidal UV radiation frequencies” [Abstract]) arranged in a modular ultrapure water producing device wherein each of said inlet and said outlet includes a manifold plate connecting the inlet or outlet with all of the cylindrical tubes, to produce a high throughput of ultrapure water (“Mounting bracket 5 allows many systems to be rack mounted where the gas and liquid inputs and outputs can be connected together via a manifold or any other viable connection method which allows the PCS to be expanded to virtually any size system to accommodate any desired capacity” [col. 4; lines 46-50]). It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Rajagopalan and Woodling with the multiple, connected UV water reactors of Austin in order to improve capacity so as to improve throughput of a water sterilization apparatus. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST. 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 571-272-2293. 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. /JASON L MCCORMACK/ Examiner, Art Unit 2881
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Prosecution Timeline

Oct 08, 2024
Application Filed
Jul 22, 2026
Non-Final Rejection mailed — §103 (current)

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