DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 102
2. 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.
3. Claims 1-10 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Levy et al. (US 20070119922 A1).
Regarding claim 1, Levy teaches a fluid sterilization device (900, Fig. 9) comprising:
a flow path tube forming a flow path space through which a fluid flows (chamber 906 and outer walls of flow adapter 904, Fig. 9) and having a side wall (side walls of chamber 906 and flow adapter 904, Fig. 9), a first end (inlet conduit end of chamber 906 and flow adapter 904, Fig. 9), and a second end (outlet conduit end of chamber 906 and flow adapter 904, Fig. 9), the side wall being provided with an inlet formed at a side of the first end (909, Fig. 9) and an outlet formed at a side of the second end (outlet on opposite side of inlet 909, unlabeled, Fig. 9); and
a light source unit disposed at a position closer to the inlet in the flow path space (see drawing below) and configured to emit ultraviolet light to the second end ([0025]), wherein
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the light source unit includes a light emitting element that emits ultraviolet light (919, Fig. 9),
a support portion provided to protrude from an end surface of the first end of the flow path tube toward the second end (support portion, see drawing above), provided at a position corresponding to the inlet (inlet 909 is related to the support portion as shown in drawing above), and formed to be tapered toward the second end (tapered ends, see drawing above), and
an accommodation portion that is provided at a front end of the support portion and accommodates the light emitting element (accommodation portion, see drawing above).
Regarding claim 2, Levy teaches wherein the support portion has a truncated cone shape (tapered ends, see claim 1 drawing above).
Regarding claim 3, Levy teaches wherein the accommodation portion is formed to extend from the front end of the support portion toward an outside of the support portion in a radial direction over an entire periphery of the front end of the support portion (labeled accommodation portion protrudes away from an exterior/entire periphery of the labeled support portion radially (since the tube itself is circular), see claim 1 drawing above).
Regarding claim 4, Levy teaches wherein the light emitting element is positioned outside the support portion when viewed from a central axis direction of the support portion, in the accommodation portion (light source 919 is external to the central axis viewpoint as shown in the drawing below, outside of the support portion).
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Regarding claim 5, Levy teaches wherein the accommodation portion includes a peripheral wall that is formed on an outer surface of the accommodation portion at a side of the support portion, protrudes toward the support portion, and surrounds at least a portion of the front end of the support portion (labeled peripheral walls protrude towards the front end of support portion and are formed on an outer surface of the accommodation portion on the support portion’s front end side, radially surrounding the support portion front end, see drawing below).
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Regarding claim 6, Levy teaches wherein a flow path direction of the inlet coincides with a direction toward a position offset from a central axis of the flow path tube (inlet flow path direction is offset from central axis 913, see drawing below), the support portion is provided at a position including the central axis of the flow path tube (labeled support portion in claim 1 rejection drawing above includes the central axis 913, Fig. 9), and the fluid that flows in from the inlet circulates around the support portion (see drawing below).
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Regarding claim 7, Levy teaches a second light source unit (light source unit, see drawing below) disposed at a position closer to the outlet in the flow path space (outlet, see drawing below) and configured to emit ultraviolet light to the first end ([0025]), wherein
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the outlet is formed at a side of the second end at the side wall (outlet is at the outlet conduit end of chamber 906 and flow adapter 904, Fig. 9 and drawing above)
the second light source unit includes
a second light emitting element that emits ultraviolet light (998, Fig. 9),
a second support portion provided to protrude from an end surface of the second end of the flow path tube toward the first end (support portion, see drawing above), provided at a position corresponding to the outlet (outlet, see drawing above), and formed to be tapered toward the first end (tapered ends, see drawing above), and
a second accommodation portion that is provided at a front end of the second support portion and accommodates the second light emitting element (accommodation portion, see drawing above),
the second support portion has a truncated cone shape (tapered ends, see drawing above), and
the second accommodation portion is formed to extend from the front end of the second support portion toward an outside of the second support portion in a radial direction over an entire periphery of the front end of the second support portion (labeled accommodation portion protrudes away from an exterior/entire periphery of the labeled support portion radially (since the tube itself is circular), see drawing above).
Regarding claim 8, Levy teaches a fluid sterilization device (900, Fig. 9) comprising:
a flow path tube forming a flow path space through which a fluid flows (chamber 906 and outer walls of flow adapter 904, Fig. 9) and having a side wall (side walls of chamber 906 and flow adapter 904, Fig. 9), a first end (inlet conduit end of chamber 906 and flow adapter 904, Fig. 9), and a second end (outlet conduit end of chamber 906 and flow adapter 904, Fig. 9), the side wall being provided with an inlet formed at a side of the first end (909, Fig. 9) and an outlet formed at a side of the second end (outlet on opposite side of inlet 909, unlabeled, Fig. 9); and
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a second light source unit (light source unit, see drawing below) disposed at a position closer to the outlet in the flow path space (outlet, see drawing below) and configured to emit ultraviolet light to the first end ([0025]), wherein
the second light source unit includes
a second light emitting element that emits ultraviolet light (998, Fig. 9 and [0025]),
a second support portion provided to protrude from an end surface of the second end of the flow path tube toward the first end (support portion, see drawing above), provided at a position corresponding to the outlet (outlet, see drawing above), and formed to be tapered toward the first end (tapered ends, see drawing above), and
a second accommodation portion that is provided at a front end of the second support portion (accommodation portion, see drawing above) and accommodates the light emitting element (998, Fig. 9).
Regarding claim 9, Levy teaches wherein a flow path direction of the outlet coincides with a direction toward a position offset from a central axis of the flow path tube (outlet flow path direction is offset from central axis 913, see drawing below), the second support portion is provided at a position including the central axis of the flow path tube (labeled support portion in claim 7 rejection drawing above includes the central axis 913, Fig. 9), and the fluid that circulates around a periphery of the second support portion flows out from the outlet (see drawing below).
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Regarding claim 10, Levy teaches wherein flow path directions of the inlet and the outlet coincide with a direction toward a position offset from a central axis of the flow path tube (inlet and outlet flow path direction is offset from central axis 913, see drawing above), the fluid that flows through the flow path space forms a helical flow (because of the circular shape of the flow path cross-section, a helical flow is possible), and the inlet and the outlet are formed such that, when the flow path tube is viewed from a central axis direction (913, Fig. 9), inflow directions of the inlet and the outlet coincide with a tangential direction of rotation of the helical flow centered on the central axis of the flow path tube (inflow directions of the inlet and outlet align with tangents of the central axis direction-based cylindrical flow path chamber 906, Fig. 9).
Regarding claims 13 and 14, Levy teaches wherein a surface of the accommodation portion at a side of the support portion is provided with a protrusion (protrusions, see drawing below).
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Claim Rejections - 35 USC § 103
4. 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.
5. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Levy et al. (US 20070119922 A1) as applied to claim 1 above, and further in view of Denkewicz et al. (US 20160122208 A1).
Regarding claim 11, Levy teaches an inner wall surface of the flow path tube (fluid-flowing inner surface of tube 906, Fig. 9), but fails to teach a light intensity sensor that protrudes from an inner wall surface of the flow path tube toward a central axis of the flow path tube.
Denkewicz teaches a fluid sterilization device (10, Fig. 9-10) having a fluid flow path tube (housings 12 and 14, Fig. 9-10) with a UV light intensity sensor having an alarm mounted on an inner wall surface of the housing towards a central axis of the flow path tube (72, Fig. 9-10) in order to “measure the intensity of the UV light being emitted and generate an alarm if the UV light is below a certain percentage of a normal operating intensity” ([0031]).
Levy and Denkewicz are both considered to be analogous to the claimed invention because they are in the same field of UV fluid sterilization devices with flow path tubes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inner surface of the flow path tube of Levy by incorporating a UV light intensity sensor and alarm mounted on the inner surface of the flow path tube as taught by Denkewicz, because doing so would allow the sensor to “measure the intensity of the UV light being emitted and generate an alarm if the UV light is below a certain percentage of a normal operating intensity” (Levy, [0031]) with a reasonable expectation of success.
6. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Levy et al. (US 20070119922 A1) as applied to claim 1 above, and further in view of Chen et al. (CN 208517006 U).
Regarding claim 12, Levy teaches the flow path tube (chamber 906 and outer walls of flow adapter 904, Fig. 9), but fails to teach wherein the flow path tube includes a helical groove on an inner wall surface of the flow path tube.
Chen teaches a UV fluid sterilization device (Fig. 1) with a flow path tube (inlet pipe 4, Fig. 1), further citing that the inner wall of the inlet pipe can have helical grooves to lengthen the water flow trajectory and enhance the ultraviolet radiation effect on the water (p.3, last paragraph of English translation).
Levy and Chen are both considered to be analogous to the claimed invention because they are in the same field of UV fluid sterilization devices with flow path tubes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inner surface of the flow path tube of Levy by incorporating a helical groove on the inner wall surface of the flow path tube as taught by Chen, because doing so would lengthen the water flow trajectory and enhance the ultraviolet radiation effect on the water (Chen, p.3, last paragraph of English translation) with a reasonable expectation of success.
Double Patenting
7. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
8. Claims 1-5 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6 of copending Application No. 18945104 in view of Levy et al. (US 20070119922 A1).
Regarding claim 1, copending Application No. 18945104 claim 1, teaches a fluid sterilization device comprising (“a fluid sterilization device comprising”, claim 1):
a flow path tube forming a flow path space through which a fluid flows and having a side wall, a first end, and a second end, the side wall being provided with an inlet formed at a side of the first end and an outlet formed at a side of the second end (“a flow path tube forming a flow path space through which a fluid flows and having a side wall, a first end, and a second end, the side wall being provided with an inlet formed at a side of the first end and an outlet formed at a side of the second end”, claim 1); and
a light source unit disposed at a position closer to the inlet in the flow path space and configured to emit ultraviolet light to the second end (“a light source unit disposed at a position closer to the inlet in the flow path space and configured to emit ultraviolet light to the second end”, claim 1),
wherein the light source unit includes (“wherein the light source unit includes”, claim 1)
a light emitting element that emits ultraviolet light (“a light emitting element that emits ultraviolet light”, claim 1),
a support portion provided to protrude from an end surface of the first end of the flow path tube toward the second end (“a support portion provided to protrude from an end surface of the first end of the flow path tube toward the second end”, claim 1), provided at a position corresponding to the inlet (the support portion can correspond to the inlet), and
an accommodation portion that is provided at a front end of the support portion and accommodates the light emitting element (“an accommodation portion that is provided at a front end of the support portion and accommodates the light emitting element”, claim 1).
Copending Application No. 18945104 claim 1fails to teach wherein the support portion is formed to be tapered toward the second end.
Levy teaches a fluid sterilization system (Fig. 9) with a flow adapter (904, Fig. 9), part of which is a mapped support portion (see drawing below), specifically having a truncated cone shape (see drawing below) tapered towards the second/outlet end (see Fig. 9) in order to “adapt the flow of the medium provided to inlet based on an intended spatial distribution of flow velocities of entities suspended in the medium along a plurality of intended flow tracks” ([0124]).
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Copending Application No. 18945104 claim 1 and Levy are both considered to be analogous to the claimed invention because they are in the same field of fluid sterilization devices.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the support portion of copending Application No. 18945104 claim 1 with a truncated cone shape tapered towards the outlet/second end as taught by Levy, because doing so would “adapt the flow of the medium provided to inlet based on an intended spatial distribution of flow velocities of entities suspended in the medium along a plurality of intended flow tracks” (Levy, [0124]) with a reasonable expectation of success.
Regarding claim 2, modified copending Application No. 18945104 teaches wherein the support portion has a truncated cone shape (Levy, see drawing above).
Regarding claim 3, modified copending Application No. 18945104 teaches wherein the accommodation portion is formed to extend from the front end of the support portion toward an outside of the support portion in a radial direction over an entire periphery of the front end of the support portion (“the accommodation portion is formed to extend from the front end of the support portion toward an outside of the support portion in a radial direction over an entire periphery of the front end of the support portion”, claim 1).
Regarding claim 4, copending Application No. 18945056 teaches wherein the light emitting element is positioned outside the support portion when viewed from a central axis direction of the support portion, in the accommodation portion (claim 2, verbatim).
Regarding claim 5, copending Application No. 18945056 teaches wherein the accommodation portion includes a peripheral wall that is formed on an outer surface of the accommodation portion at a side of the support portion, protrudes toward the support portion, and surrounds at least a portion of the front end of the support portion (claim 3, verbatim).
Regarding claim 13, copending Application No. 18945056 teaches wherein a surface of the accommodation portion at a side of the support portion is provided with a helical groove or a protrusion (claim 6, verbatim).
This is a provisional nonstatutory double patenting rejection.
9. A complete response to a nonstatutory double patenting (NSDP) rejection is either a reply by applicant showing that the claims subject to the rejection are patentably distinct from the reference claims, or the filing of a terminal disclaimer in accordance with 37 CFR 1.321 in the pending application(s) with a reply to the Office action (see MPEP § 1490 for a discussion of terminal disclaimers). Such a response is required even when the nonstatutory double patenting rejection is provisional.
As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application’s claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only compliance with objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated. Replies with an omission should be treated as provided in MPEP § 714.03.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aham Lee whose telephone number is (703)756-5622. The examiner can normally be reached Monday to Thursday, 10:00 AM - 8:00 PM 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, Maris R. Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Aham Lee/Examiner, Art Unit 1758
/SEAN E CONLEY/Primary Examiner, Art Unit 1799
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