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 .
Drawings
2. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “114” has been used to designate both a basin and a water shutoff valve (per Specification par 0048).
3. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 112.
4. The drawings are further objected to because of the following informalities: in FIG. 9, “Batter Status” should read –Battery Status—, and “IUM Sensor Input” should read –IMU Sensor Input--.
5. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
6. The disclosure is objected to because of the following informalities:
In par 0044, “phosphorous containing” should read –phosphorus containing--.
In par 0062, “underside 204” should read –underside 204b--.
The use of the term Bluetooth®, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term. Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 1-12, 14, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 20190142981 A1).
9. Regarding claim 1, Kim discloses a drain cover device (FIGS. 8-12, drain cap having an ultraviolet sterilizing function, par 0008), comprising:
a light emitting diode wherein the light emitting diode comprises an average radiant light intensity, a wavelength, or both an average radiant light intensity and a wavelength (UV light emitting diode may emit UV light having a peak wavelength of 250 nm to 280 nm, par 0022) configured for killing, destroying, rendering inert, rendering non-infectious, or a combination thereof, a pathogen, a fungi, a toxin, or a combination thereof (has high sterilization efficacy, pars 0101-0103; inhibiting reproduction of bacteria or fungi while removing odors, par 0273);
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a housing (FIG. 11, cover body 110) comprising a top component comprising a first diameter (FIG. 11), a top surface (FIG. 11), and an underside (FIG. 11), a bottom component affixed to the underside of the top component (FIG. 11), and comprising a bottom surface defining a bottom component central aperture (reflector 160 is formed on the cover body 110, pars 0105-0108, FIG. 11), and a second diameter (FIG. 11), wherein the first diameter is greater than the second diameter (FIG. 11), wherein the light emitting diode is disposed within the central volume (FIG. 11, LEDs 120) and
a drain adapter affixed to the bottom component (sidewall 113 inserted into drain hole or disposed such that a lower surface of the sidewall 113 is placed on the bottom surface of the wash basin, pars 0160-0161), and defining a drain adapter central aperture (FIG. 11, space between sidewalls 113), wherein the top component and the bottom component define a central volume (FIG. 11).
Kim teaches a control circuit within the housing (FIG. 11, block diagram including controller 150) and even depicts an unmarked rectangle to which the LEDs are mounted (FIG. 11), but does not specifically teach for the primary embodiment an electronic circuit board, wherein the light emitting diode is formed on one or more surfaces of the electronic circuit board, and wherein the electronic circuit board and the light emitting diode are disposed within the central volume.
For another embodiment, Kim teaches a ‘substrate’ 70 mounted to an upper surface to hold the UV light emitting diode (pars 0234-0235) that includes a control circuit that enables power supply to the UV light emitting diode (par 0255). The analogous position for this substrate supporting the UV LED in e.g., FIG. 24 would be in the position of the unmarked rectangle of FIG.11, which positions both the electronic circuit board and the light emitting diode within the central volume.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to embody the support surface behind the LEDs as an electronic circuit board wherein the light emitting diode is formed on one or more surfaces thereon, as this circuit board would predictably provide suitable electrical connection to and mechanical support for the UV LEDs, the modification involving a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A).
10. Regarding claim 2, Kim teaches the device of claim 1, wherein the light emitting diode comprises an ultraviolet light having a wavelength from 180 nm to 410 nm (UV light emitting diode may emit UV light having a peak wavelength of 250 nm to 280 nm, par 0037).
11. Regarding claim 3, Kim teaches the device of claim 1. The limitation wherein the average radiant intensity of the light emitting diode comprises about 0.100 mW/cm2 to about 0.500 mW/cm2 is not considered a required limitation of the claim because the average radiant light intensity is introduced in the alternative with respect to claim 1 above. Examiner notes that Kim teaches that doses of 5 mJ/cm2 for about 15 minutes and 7 mJ/cm2 for about 20 minutes, which correspond to lower doses than the claimed range when converted, are effective to inactivate E. coli and Staphylococcus aureus, respectively, so a person having ordinary skill in the art would expect that the claimed higher doses would achieve similar or better inactivation rates when choosing an operational intensity for the UV light emitting diodes.
12. Regarding claim 4, Kim teaches the device of claim 1, comprising a plurality of light emitting diodes in communication with the electronic circuit (plurality of such UV light emitting diodes 120, par 0168, FIG. 11; control circuit that enables power supply to the UV light emitting diode, par 0255) and positioned within the central volume (FIG. 11).
13. Regarding claim 5, Kim teaches the device of claim 1, wherein the electronic circuit board comprises a top surface and a bottom surface (FIG. 11; control circuit on the substrate 70, par 0270), wherein the light emitting diode is formed on the bottom surface of the electronic circuit board (FIG. 11; emits UV light in the downward direction, par 0270), and wherein the bottom surface is disposed facing the bottom component central aperture (FIG. 11).
14. Regarding claim 6, Kim teaches the device of claim 1, wherein the electronic circuit comprises an energy storage device (FIG. 11, power supply 130 may be realized by a battery, par 0177). Kim does not specifically teach for the primary embodiment a charging circuit.
Kim teaches another embodiment wherein the power supply 130 is electrically connected to a charging terminal 97 through which power is supplied from an external power source to charge the power supply (par 0261, FIG. 18).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a charging circuit for the energy storage device as taught by Kim, as this charging circuit would predictably and beneficially enable power to be externally supplied to the energy storage device in the same manner and involves combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A).
15. Regarding claim 7, Kim teaches the device of claim 6, wherein the charging circuit comprises a wired charging port (FIG. 18, charging terminal 97 is a path through which power is supplied from an external power source, par 0261).
16. Regarding claim 8, Kim teaches the device of claim 1, wherein the electronic circuit comprises at least one of:
an indicator for communicating information about the device or electronic circuit (visible light emitting diode 190 to display state of UV irradiation to a user, pars 0194-0198); or
an inertial sensor, an orientation sensor, or a position sensor (detection unit 140 may include a gyro-sensor that senses the location, posture, and the like of the cover body 110, par 0181).
17. Regarding claim 9, Kim teaches the device of claim 8, wherein the indicator is a visual indicator including the information about the device or electronic circuit (With such operation of the visible light emitting diode 190, a user can easily recognize that UV light is emitted through the UV light emitting diode, par 0198).
18. Regarding claim 10, Kim teaches the device of claim 8. The “indicator” and related “information” are recited in claim 8 as alternatives and are thus not required by the claim. By teaching an inertial sensor, an orientation sensor, or a position sensor as mapped above, Kim satisfies the claim in its entirety.
19. Regarding claim 11, Kim teaches the device of claim 1, further comprising wherein:
the top surface of the top component faces away from the bottom component (FIG. 11), and wherein the underside comprises a mounting bracket (substrate on which a UV light emitting diode is mounted, pars 0040 and 0235) disposed along the underside at a diameter less than the first diameter (FIG. 11).
20. Regarding claim 12, Kim teaches the device of claim 11, wherein the mounting surface has a diameter that is smaller so as to fit within the first diameter of the top portion (FIG. 11, 70). Kim does not specifically teach wherein the diameter at which the mounting bracket is located is within about 5% of the second diameter. However, the courts have held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), MPEP 2144.04(IV)(A). A person having ordinary skill in the art would expect that a mounting bracket with a maximum diameter of within about 5% of the second diameter would provide ample space to mount the LED fixture, as it is necessary for device operation to fit the LEDs within the central volume of the device.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to size the mounting bracket of Kim such that the diameter at which the mounting bracket is located is within about 5% of the second diameter, as this would predictably enable mounting of LEDs within the central volume without affecting the operation of the device, such a dimensional orientation being an obvious matter of design choice by a skilled artisan. See also In re Williams, 36 F.2d 436, 438, 4 USPQ 237 (CCPA 1929), MPEP 2144.05(II)(A) regarding obviousness of similar proportions.
21. Regarding claim 14, Kim teaches the device of claim 1, wherein the drain adapter comprises a diameter that is within about 5% of the second diameter (FIG. 11, separation between drain adapter walls 113 roughly equal to bottom component diameter, the only difference being possible aluminum coating for reflective layer 160, pars 0172-0174).
22. Regarding claim 19, Kim teaches a method of sterilizing a sink drain (sterilization can be actively performed inside the drainage pipe 213 through operation of the UV light emitting diode 120, par 0170), comprising:
positioning the device of claim 1 over the sink drain (sterilizing apparatus 200 according to this embodiment is detachably provided to the wash basin 211 to open or close the drain hole 212 above the drain basin 214, par 0156), wherein the bottom surface central aperture, drain adapter central aperture, or a combination thereof are disposed within or above a surface of the sink or a surface of the sink drain (FIG. 11); and
initiating a sterilization protocol of the device (controller 150 may control the power supply 130 to supply power to the UV light emitting diode 120 so as to turn on the UV light emitting diode…via a timer, pars 0186-0193).
23. Regarding claim 20, Kim teaches a kit (sterilization apparatus 200 provided to a wash basin 211, par 0154), comprising:
a sterilization device (FIGS. 8-12, drain cap having an ultraviolet sterilizing function, par 0008), the sterilization device comprising:
a light emitting diode wherein the light emitting diode comprises an average radiant light intensity, a wavelength, or both an average radiant light intensity and a wavelength (UV light emitting diode may emit UV light having a peak wavelength of 250 nm to 280 nm, par 0022) configured for killing, destroying, rendering inert, rendering non-infectious, or a combination thereof, a pathogen, a fungi, a toxin, or a combination thereof (has high sterilization efficacy, pars 0101-0103; inhibiting reproduction of bacteria or fungi while removing odors, par 0273);
a housing (FIG. 11, cover body 110) comprising a top component comprising a first diameter (FIG. 11), a top surface (FIG. 11), and an underside (FIG. 11), a bottom component affixed to the underside of the top component (FIG. 11), and comprising a bottom surface defining a bottom component central aperture (reflector 160 is formed on the cover body 110, pars 0105-0108, FIG. 11), and a second diameter (FIG. 11), wherein the first diameter is greater than the second diameter (FIG. 11), wherein the light emitting diode is disposed within the central volume (FIG. 11, LEDs 120) and
a drain adapter affixed to the bottom component (sidewall 113 inserted into drain hole or disposed such that a lower surface of the sidewall 113 is placed on the bottom surface of the wash basin, pars 0160-0161), and defining a drain adapter central aperture (FIG. 11, space between sidewalls 113), wherein the top component and the bottom component define a central volume (FIG. 11).
Kim teaches a control circuit within the housing (FIG. 11, block diagram including controller 150) and even depicts an unmarked rectangle to which the LEDs are mounted (FIG. 11), but does not specifically teach for the primary embodiment an electronic circuit board, wherein the light emitting diode is formed on one or more surfaces of the electronic circuit board, and wherein the electronic circuit board and the light emitting diode are disposed within the central volume.
For another embodiment, Kim teaches a ‘substrate’ 70 mounted to an upper surface to hold the UV light emitting diode (pars 0234-0235) that includes a control circuit that enables power supply to the UV light emitting diode (par 0255). The analogous position for this substrate supporting the UV LED in e.g., FIG. 24 would be in the position of the unmarked rectangle of FIG.11, which positions both the electronic circuit board and the light emitting diode within the central volume.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to embody the support surface behind the LEDs as an electronic circuit board wherein the light emitting diode is formed on one or more surfaces thereon, as this circuit board would predictably provide suitable electrical connection to and mechanical support for the UV LEDs, the modification involving a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A).
Regarding the recitation of a set of instructions for assembling and/or using the sterilization device, a printed set of instructions for use has been held as having a nonfunctional relationship to the claimed invention thus is not owed patentable weight. See In re Ngai, 367 F.3d at 1339, 70 USPQ2d at 1864, MPEP 2111.05.
24. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 20190142981 A1) as applied to claim 1 above, and further in view of Fima (US 20110010833 A1).
Regarding claim 13, Kim teaches the device of claim 11, wherein the top surface is depicted with a planar shape (FIGS. 8-11). Kim does not teach wherein the top surface of the top component comprises a convex shape.
Fima teaches an analogous drain insert that includes an ultraviolet light (Abstract) wherein the cap 132 preferably has a downwardly tapered outer perimeter that facilitates fluid flow to the drain opening and limits splashback (par 0062), the cap 132 depicted having a top surface with a convex shape (FIGS. 1A-1B).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the top surface of the top component of Kim in a convex shape as taught by Fima, because this convex shape would predictably provide the same advantages of facilitating fluid flow to the drain opening and limiting splashback with a reasonable expectation of success. See MPEP 2143(I)(G).
25. Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 20190142981 A1) as applied to claim 1 above, and further in view of Bloomberg et al (US 20220250945 A1).
26. Regarding claim 15, Kim teaches a generic controller configured to perform operations including: determining at least one property of the device (information about the location and posture of the cover body 110 detected by the detection unit 140, pars 0186-0187), and controlling a function of the device based on the at least one property (If it is determined that the cover body 110 opens or does not properly close the drain hole 212, the controller 150 can stop irradiation with UV light, par 0187).
Kim does not teach the specific structures of a processor; and a non-transitory computer-readable storage medium in data communication with the processor, the non-transitory computer-readable storage medium storing processor executable instructions that, when executed by the processor, cause the processor to perform these operations.
Bloomberg teaches an analogous sink trap disinfector/UV chamber (Abstract, FIG. 1B) having a processor and associated memory, the processor executing program instructions within the memory to actuate various control functions of the device (pars 0012 and 0050-0051), the UV LEDs operable by control signals at least to activate according to the schedule (par 0052).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include within the controller of Kim a processor and a non-transitory computer-readable storage medium that processor executable instructions that, when executed by the processor, cause the processor to execute the control functions as taught by Bloomberg, because such a processor/memory tandem would predictably enable programmable control of the device controller in a similar manner and involves simple substitution of one known element (control hardware) for another to obtain predictable results. See MPEP 2143(I)(B).
27. Regarding claim 16, Kim as modified by Bloomberg teaches the device of claim 15, wherein the at least one property is an orientation of the device (information about the location and posture of the cover body 110 detected by the detection unit 140, Kim pars 0186-0187), an indication of a sterilization procedure or a status of a light output from the light emitting diode (visible light emitting diode 190 is turned on to emit light in the visible range when the UV light emitting diode 120 is turned on to emit UV light thereby providing a function of displaying when UV irradiation is active, Kim pars 0194-0198).
28. Regarding claim 17, Kim as modified by Bloomberg teaches the device of claim 15, wherein the function of the device is stopping emission from the light emitting diode, disabling or blocking emission from the light emitting diode (If it is determined that the cover body 110 opens or does not properly close the drain hole 212, the controller 150 can stop irradiation with UV light, Kim par 0187).
29. Regarding claim 18, Kim as modified by Bloomberg teaches the device of claim 15, wherein the operations further include receiving instructions that include a parameter associated with a sterilization protocol (timer 180 is provided as a means for inputting a period of time for which the power supply 130 supplies power to the UV light emitting diode 120, and the controller 150 can control a power supply time of the power supply 130 according to the period of time, pars 0191-0193), wherein the parameter comprises any one of a length of time of sterilization, a frequency of sterilization, or a combination of a length of time and frequency (period of time input through the timer, par 0193). Kim as modified above does not teach wherein these instructions would be received from a mobile application.
Bloomberg further teaches a mobile device with software apps for external control of every controllable disinfection parameter of the apparatus (pars 0049-0050).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to receive the instructions during operation of the device of Kim from a mobile application as taught by Bloomberg, as such a mobile app would predictably enable wireless control so that a user can set the disinfection parameters remotely from the drain, the modification entailing combining prior art elements according to known methods to yield predictable results . See MPEP 2143(I)(A).
Conclusion
30. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR 20160030646 A teaches an analogous drain trap cover with downward UV lighting (pars 0006-0009) having top and bottom sections with similarly stepped diameters (FIGS. 2-5).
KR 102443576 B1 teaches an analogous UV LED sterilization device for sink drains (Abstract) having a magnetic rubber drain adapter to fit the lower perimeter of the sterilization device to the perimeter of the sink drain (pars 0021 and 0027, FIG. 1).
31. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Talbert whose telephone number is (703)756-5538. The examiner can normally be reached Mon-Fri 8:00-5:00 Eastern Time.
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 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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/ERIC TALBERT/Examiner, Art Unit 1758
/SEAN E CONLEY/Primary Examiner, Art Unit 1799
