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 .
Response to Amendment
The Amendment filed 02/24/2026 has been entered. Claims 1-30, 40-41 are pending in the application and examined herein. Claims 31-39 are cancelled, and claims 1, 2 ,11, 28-29 have been amended.
Status of Objections and Rejections
The objection to claims 1-2 and 11 is withdrawn in view of Applicant’s amendment.
The rejection of claims 28-29 under 35 U.S.C. 112(b) is withdrawn in view of Applicant’s amendment.
The rejection of claims 1-30 on the grounds of nonstatutory double patenting is withdrawn in view of Applicant submission of a terminal disclaimer.
New grounds of rejection under 35 U.S.C. 103 are necessitated by the amendments.
Double Patenting
The terminal disclaimer filed on 02/24/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of copending Application No. 18/021787 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments, see pages 7-9, filed 02/24/2026, with respect to the rejection of claim(s) 1-30 under 35 U.S.C. 103 have been considered but are not persuasive.
Applicant argues (p. 8) that reference Rizvi seeks to analyze both liquids and solids in a sample using a paper filter to absorb both portions, unlike the instant application that aims to analyze only the liquid portion of a sample that has been separated from the solids using a metal mesh filter. There is therefore, no motivation to modify the filter paper of Rizvi to be a metal mesh as claimed. Applicant also argues (p. 9) that substituting Reed’s UV/Vis detection system for Rizvi’s camera-halo technique would not preserve the original intent of Rizvi to measure the sample by reaching a titration endpoint.
The Examiner respectfully disagrees.
The rejection of claim 1 is based upon Rizvi in view of Schadt and Reed. In the previous office action, the Examiner substitutes Rizvi’s entire filter-paper strip and camera-based optical analysis with Reed’s parallel filter architecture and in-line UV/visible spectrophotometric detection system (Fig. 11). The proposed modification therefore does not involve selectively replacing isolated components while retaining an incompatible measurement methodology. Rather, the modification substitutes one complete, known analytical architecture for another complete, known analytical architecture that performs the same overall function of analyzing a dyed sample and generating data indicative of sample characteristics. It is known in the art that the MB titration point method taught by Rizvi is time-consuming, and spectrophotometric analysis is a cleaner and quicker alternative for clay analysis (See reference Jacquet et al. (US 20090241696 A1) at paragraph [0007]). Additionally, a spectrophotometer in a flow cell can still provide a means for carrying out the MB titration point method by the user observing an increase in MBI absorbance until it reaches the input MBI absorbance. Alternatively, the user can directly measure the absorbance of the sample using a calibration range. Therefore, use of a metal mesh within Modified Rizvi’s spectrophotometric flow cell system would yield predictable results with a reasonable expectation of success.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 8-19, and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Rizvi (CA 2948019 A1, See attached English translation) in view of Jacquet et al. (US 20090241696 A1), Reed (US 20140080115 A1) and Johnson et al. (“Diffusive Contaminant Transport in Natural Clay: A Field Example and Implications for Clay-Lined Waste Disposal Sites”).
Regarding claim 1, Rizvi teaches an automated active clay analyzer apparatus (automated MBI analyzer 28; [0055]; Fig. 5) for analyzing active clays in a mineral slurry (“for customized determination of MBI on MFT slurry samples,” wherein “MBI testing…provides an indication of the clay activity” and MBI is “methylene blue index” and MFT is “mature fine tailings”; [0049][0084]) in a vessel or passing through a conduit (slurry streams that are withdrawn from various pipelines or unit operations; [0094]), the apparatus (automated MBI analyzer 28; [0055]; Fig. 5) comprising:
a controller operable to manage the operations associated with the apparatus (The controller 70 is capable of providing fully automated operation of the analyzer 28; [0062]);
at least one fluid delivery device (dilution device, automated cleaning device, or pre-treatment units, and MB titration line 48; [0067][0074][0058][0045]; Fig. 5) under control of the controller (The controller 70 can be configured to provide fully automated operation of the analyzer 28; [0062]; Fig. 5) and operable to deliver a known volume of water (In a first interpretation, the fluid delivery device is “a dilution device (not shown) for adding water (e.g., deionized water); [0067])(In a second interpretation, the fluid delivery device is “a cleaning fluid dispenser (e.g., for water)”; [0074]; Fig. 5)(In a third interpretation, the fluid delivery device is “pre-treatment unit”; [0045]) and a known volume of cationic dye into the sample (MB titration line 48. The MB titration line can have an MB valve 50 that can be automatically activated to dispense a pre-determined increment of MB from the MB container 46 into the MFT sample in the sample holder 38; [0058]; Fig. 5).
a mixing chamber that receives the sample (the sample holder is configured to receive the MFT sample from a pipeline flow of the MFT; [0008]; Figs. 5, item 38);
an agitator operable to agitate the sample (The mixer 40 may include an agitator that is insertable within the sample holder 38 and/or a shaking mechanism that grasps the sealed sample holder and provides back-and-forth movement in order to mix the MFT sample; [0056]), the water and the cationic dye to produce a diluted sample mixture;
an automatic filter (filter paper on a spool; see [0059])(the filter paper comprises a strip of filter paper dispensed from a roll mounted to a spool and being rotatable to provide fresh sections of the filter paper below the dispenser for receiving respective drops; [0059][0014]) having filter media (filter paper; [0059]) and operable to filter the diluted sample mixture to produce a filtrate, and further operable to replace used filter media with fresh filter media when the used filter media becomes fouled (activate the filter paper mechanism to provide a fresh section of filter paper 56; [0063]; Fig. 5)(paragraph [0119] of the published instant specification (US 20220050050 A1) defines fouled to be "clogged with residue," which occurs after each drop of sample penetrates an area of the filter paper); and
an optical system, (the DIAP includes the digital camera 64 and image processor 66; [0075]) that may be used to control the processing of the mineral slurry or other aspects of a mineral processing operation related to the mineral slurry (Fig. 4 demonstrates how if the image processor determines that the titration is not complete by evaluating the color properties the filtered sample then a signal is sent to repeat steps (f) repeatedly on a closed loop until the end point is reached, then another signal is sent to cease titration ([0085]-[0092])) in near real time (The controller 70 can communicate with these and other components of the analyzer 28 in order to receive relevant information and activate components in a coordinated and timely manner; [0062]).
Rizvi fails to teach an automatic sampler coupled to the vessel or conduit and operable to extract a sample of a determined volume of the slurry from the vessel or conduit, the automatic sampler being under control of the controller;
the filter media is composed of a metal mesh; and
a spectrophotometer having an optical flow cell coupled to an automatic filter by a conduit that conveys the filtrate from the automatic filter to the optical flow cell, the optical flow cell being operable to measure a spectra absorbance of the filtrate in the optical flow cell using at least one wavelength to obtain spectra absorbance data of the filtrate that may be used to control the processing of the mineral slurry or other aspects of a mineral processing operation related to the mineral slurry in near real time.
Jacquet teaches an automatic sampler coupled to the vessel or conduit and operable to extract a sample of a determined volume of the slurry from the vessel or conduit (“conduit sampler,” as a “means for periodic and automated withdrawals 6 of samples of sand. These withdrawal means 6 are advantageously provided to withdraw a typical amount of sand of at least 200 g”; [0077]; Fig. 1); and
a spectrophotometer having an optical flow cell (“spectrophotometric cell 29,” wherein the examiner understands the cell to be an optical flow cell as this is a continuous flow process; [0104]; Fig. 2) coupled to the automatic filter to the optical flow cell “(A second withdrawal line 28 connects the filtering means 27 to a spectrophotometric cell 29” and “A third withdrawal line 30 connects the spectrophotometric cell 29 to the mixing receptacle 21,” thereby making this a flow cell ; [0104]; Fig. 2) being operable to measure a spectra absorbance of the filtrate in the optical flow cell using at least one wavelength (absorbance and/or transmittance measurements are done in a spectrophotometric cell,” using “a wave length from 640 to 680 nm and preferably 660 nm”; [0061][0062]) to obtain spectra absorbance data of the filtrate that may be used to control the processing of the mineral slurry or other aspects of a mineral processing operation related to the mineral slurry in near real time (The adjustment of the quantities of inerting agent according to the measurement of the methylene bleu value further provides a means to make savings on the inerting products that are expensive; [0070]).
Jacquet is considered to be analogous to the claimed invention because it is in the same field of endeavor for automated on-line active clay analyzers used in mineral slurry analysis. Rizvi explains that “the sample holder is configured to receive the MFT sample from a pipeline flow of the MFT ([0047]; Fig. 5, item 14), and also states that “obtaining the MFT sample 30 may include opening an MFT sample valve 86 and drawing an amount of MFT that can be discharged into the receptacle 84 or directly into the MFT sample holder” ([0069]; Fig. 10). This demonstrates that Rizvi already teaches an in-line flow stream from the sampling site to the mixing vessel and a mechanism to transfer, but is silent as to whether the valve is opened manually or automatically. Additionally, Jacquet explains that the test taught by Rizvi for clay composition analysis, (<<Methylene Blue Value: MBV>> (NF EN 933-9 standard)), provides an insufficient control of sand cleanliness, notably due to possible variations of this cleanliness when working at the quarry,” and “furthermore have long response times” ([0007]). Jacquet aims to remedy this by use of spectrophotometry and direct analysis ([00113]). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the automated filtration and detection system of Rizvi by substituting the in-line flow (14) sample valve (86), filter paper, and image processor taught by Rizvi with the automatic sampler and spectrophotometric flow cell taught by Jacquet because both methods and devices perform the same sampling function and clay composition analysis goals and this involves the automation of a manual activity and the use of a known technique to improve similar devices in the same way. (See MPEP 2143(I)(C)) and MPEP 2144.04(III)).
Rizvi fails to teach that the filter media is composed of a metal mesh and that automatic filter associated with Jacquet’s spectrophotometric cell is operable to replace used filter media with fresh filter media when the used filter media becomes fouled.
Reed teaches an automatic filter coupled to a spectrophotometer that is operable to replace used filter media with fresh filter media when the used filter media becomes fouled (as each successive filter path hits a predetermined pressure, the n-way fluid switching valve automatically changes flow over to the next parallel flow path with a fresh filter in it until reaching the final filter #n; [0194]; Fig. 11)(Fig. 11 shows an output line from an automatic filter that feeds into a detector train, wherein the detector train includes “optical sensors, such as…UV/visible detectors; [0194][0203])(Additionally, “placement point #3 is directly from the ACOMP fully diluted stream. It may..feed an ACOMP detector train (e.g. UV/visible absorption detectors”; [0201]).
Reed is considered to be analogous to the claimed invention because it is in the same field of
endeavor for automated filtration and optical analysis of samples in a continuous monitoring system. Reed teaches that spectrophotometers are “particularly sensitive to small amounts of particulates coating or smearing their optical components or plugging their flow paths” ([0203]). Using fresh filters would therefore ensure a cleaner fluid flow before the sample reaches the detector. Although Modified Rizvi teaches “several filters in a series (for example first a rough filtering and then a fine filtering process)” (Jacquet, [0110]), a modified design can simply duplicate each series in parallel to preserve the sequential pore size filter intent. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the automated filtration and detection system taught by Rizvi in view of Jacquet by substituting the filtering means 27 (Jacquet, [0110]) with Reed’s automatic replaceable filter system because this would improve the accuracy of downstream analysis results, and this involves the automation of a manual activity and the simple substitution of one known element for another to obtain predictable results (See MPEP 2143(I)(B)) and MPEP 2144.04(III)).
Modified Rizvi fails to teach that the filter media is composed of a metal mesh.
Johnson teaches filter media composed of a metal mesh (100-mesh stainless steel screen; p. 341, col. 2, last line).
Johnson is considered to be analogous to the claimed invention because it is in the same field of endeavor for filtration and spectrophotometric analysis of clay samples. Modified Rizvi teaches the use of either fibrous meshes (Reed, [0187]) or a sintered metal frit filter (Reed, [0101]). However it also recognizes alternative filter structures having well-defined pore sizes (Reed, [0187]) which would include metal meshes. Therefore, Modified Rizvi suggests that the specific pore architecture of the filter is a result-effective variable that may be selected according to the desired filtration characteristics. The instant publication (US 20220050050 A1) lists the claimed metal mesh as an option among other filters such as a disposable membrane material or a syringe filter ([0119]), and states that the selected filter is to have a pore size suitable for the mineral sample to be analyzed ([0073]). Therefore, the selection of a metal mesh filter is merely a preferred embodiment. Johnson teaches the use of a metal mesh in order to help retain clay particles before using the strained fluid portion of the sample for spectrometric analysis (p. 341-342). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the automated filtration and detection system of Rizvi in view of Jacquet and Reed by substituting the fibrous mesh taught by Reed with the metal mesh taught by Johnson because choosing the appropriate combination of filter pore size and material based upon the particular clay material to be analyzed would create sample results with less interference, and this includes the routine optimization of result effective variables (See MPEP 2144.05(II)(A)).
Regarding claim 2, Modified Rizvi teaches the apparatus as claimed in claim 1, wherein the apparatus is on-line such that the sample is withdrawn from an on-line active process (The automated MBI analyzer 28 can determine MBI data from MFT samples 30 that are obtained from the MFT in-line flow 14; Rizvi, [0046]).
Regarding claim 8, Modified Rizvi teaches the apparatus as claimed in claim 1, wherein the at least one fluid delivery device is further operable to deliver a volume of one or more chemicals into the sample (“The pre-treatment units can include various different units for…chemically pre-treating the MFT,” designed to “add pre-treatment chemicals (e.g., hydrogen peroxide and/or sulfuric acid); Rizvi, [0045][0087])) in or upstream of the mixing chamber (MBI analyzers can be provided on upstream and downstream sides of a pre-treatment unit 34; Rizvi, [0047])(Since the controller is also for controlling “coordination of movement and timing of components and fluids,” then the controller is also operable to deliver a volume of one or more chemicals into the sample in or upstream of the mixing chamber; Rizvi, [0021])
to chemically condition the sample (chemically pre-treating; Rizvi, [0045])(The italicized limitations are interpreted as intended use; MPEP §2114).
Regarding claim 9, Modified Rizvi teaches the apparatus as claimed in claim 8, wherein the at least one fluid delivery device further comprises a methylene blue dye fluid delivery device that cooperates with the mixing chamber to deliver the volume of methylene blue into the diluted sample mixture in the mixing chamber (The MB titration line can have an MB valve 50 that can be automatically activated to dispense a pre-determined increment of MB from the MB container 46 into the MFT sample in the sample holder 38; Rizvi, [0058]).
Regarding claim 10, Modified Rizvi teaches the apparatus as claimed in claim 1, wherein the at least one fluid delivery device further comprises at least one chemical fluid delivery device operable to deliver a volume of one or more chemicals into the diluted sample in the mixing chamber (“an acidification unit (not illustrated) which adds acid (e.g., sulfuric acid) to the MFT sample,” or “an oxidation unit (not shown) to add an oxidizing compound (e.g., hydrogen peroxide) into the sample”; Rizvi, [0067])(Since the controller is also for controlling “coordination of movement and timing of components and fluids,” then the controller is also operable to deliver a volume of one or more chemicals into the diluted sample in the mixing chamber; Rizvi, [0021]) to chemically condition the diluted sample (“to inhibit the influence of certain compounds that may be present and controls pH effects,” and “as a pre-treatment to reduce or remove effects of certain organic compounds that may be present in the sample,” respectively; Rizvi, [0067])(The italicized limitations are interpreted as intended use; MPEP §2114).
Regarding claim 11, Modified Rizvi teaches the apparatus as claimed in claim 10, Modified Rizvi teaches the apparatus as claimed in claim 10, wherein the spectrophotometer is operable to measure a spectra absorbance of the filtrate in the optical flow cell using a plurality of wavelengths to obtain spectra absorbance data of the filtrate (absorbance and/or transmittance measurements are done in a spectrophotometric cell,” using “a light beam with a wave length from 640 to 680 nm”; Jacquet, [0061][0062])
Regarding claim 12, Modified Rizvi teaches the apparatus as claimed in claim 11, wherein the plurality of wavelengths is in the range of 500nm - 800nm (using a light beam with a wave length from 640 and 680 nm, preferably 660 nm (which corresponds to the maximum absorption value of methylene blue; Jacquet, [0113]).
Regarding claim 13, Modified Rizvi teaches the apparatus as claimed in claim 12, wherein the automatic filter and the spectrophotometer are each under control of the controller (“the…valve directs flow into the next filter…The controller…actuates the valves”; Reed, [0168])(“the control and analysis means can be integrated into the ACOMP control and analysis platform,” which comprise the “Filtrodynamic Unit,” and wherein the “analysis means” includes “UV/visible absorption detectors”; Reed, [0198]).
Regarding claim 14, Modified Rizvi teaches the apparatus as claimed in claim 13, wherein the controller is operable to instruct the automatic filter to extract the aliquot from the mixing vessel (“The controller, which actuates the valves, may monitor the pressure signals from each sensor and send out valve actuating signals when certain pressure and pressure difference criteria are met,” wherein opening of the valves flows the sample into the filter which naturally performs extraction; Reed, [0195]).
and convey the aliquot to the flow cell of the spectrophotometer (Fig. 15 of Reed shows “placement point #3 is directly from the ACOMP fully diluted stream. It may..feed an ACOMP detector train (e.g. UV/visible absorption detectors”; Reed, [0201]).
Regarding claim 15, Modified Rizvi teaches the apparatus as claimed in claim 14, wherein the controller is operable to instruct the spectrophotometer to measure the spectra absorbance of the filtrate (The controller 70 can be configured to provide fully automated operation of the analyzer 28; Rizvi, [0062]) after the filtrate is received in the flow cell (The controller 70 can communicate with these and other components of the analyzer 28 in order to receive relevant information and activate components in a coordinated and timely manner; Rizvi, [0062]).
Regarding claim 16, Modified Rizvi teaches the apparatus as claimed in claim 15, wherein the cationic dye is methylene blue (cationic MB dye,” wherein MB is “methylene blue”; Rizvi, [0049],Title).
Regarding claim 17, Modified Rizvi teaches the apparatus as claimed in claim 16, wherein the automatic sampler is mounted on the vessel or conduit and includes a sample extraction portion that communicates with an internal lumen of the vessel or conduit containing the mineral slurry (“conduit sampler,” which is naturally mounted on the conduit and includes a sample extraction portion that communicates with an internal lumen of the conduit; Jacquet, [0077]).
Regarding claim 18, Modified Rizvi teaches the apparatus as claimed in claims 17, further comprising a sonic homogenizer (MBI analyzer 28 can include a sonication unit 42; Rizvi, [0057]) to disperse clay particles in the diluted sample mixture (to disperse the clays; Rizvi, [0057])(The italicized limitations are interpreted as intended use of the sonic homogenizer; MPEP §2114).
Regarding claim 19, Modified Rizvi teaches the apparatus as claimed in claim 18, wherein the sonic homogenizer cooperates with the mixing chamber (Since “The robotic arm 75 can be configured and positioned to automatically engage with various components that may be moved with respect to each other, such as…the sonication unit 42…and so on,” and also “robotic arm 75 can be configured to provide the mixing and thus can act as a displacement mechanism as well as the mixer 40,” then the sonic homogenizer is functionally capable of cooperating with the mixing chamber; Rizvi, [0066]) to homogenize the sample mixture in the mixing chamber (disperse the clays; Rizvi, [0065])(The italicized limitations are interpreted as intended use of the sonic homogenizer; MPEP §2114).
Regarding claim 41, The apparatus as claimed in claim 13, wherein the spectra absorbance data indicates clay composition prior to titration endpoint (This claim is directed to an intended use limitation that does not further structurally limit the parent claim 1; MPEP §2114)(The spectrophotometer taught by Modified Rizvi is functionally capable of producing spectra absorbance data that indicates clay composition prior to titration endpoint because the sample is diluted to fit within a calibrated absorbance range; See paragraph [0113] of Jacquet).
Claims 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Rizvi (CA 2948019 A1, See attached English translation) in view of Jacquet et al. (US 20090241696 A1), Reed (US 20140080115 A1) and Johnson et al. (“Diffusive Contaminant Transport in Natural Clay: A Field Example and Implications for Clay-Lined Waste Disposal Sites”), as applied to claim 1 above, and in further view of Schadt (US 20070272038 A1).
Regarding claim 3, Modified Rizvi teaches the apparatus as claimed in claim 2.
Modified Rizvi is silent to teaching the controller is operable to instruct the automatic sampler to extract the sample from the vessel or conduit.
Schadt teaches a controller operable to instruct the automatic sampler to extract the sample from the vessel or conduit (Actuator portion 14 of sampling apparatus 10 moves plunger 60 to and from the various positions in order to effect sample withdrawal; [0060]).
Schadt teaches an automatic sampler (“sample apparatus 10” that is actuated by “pneumatic actuators, hydraulic actuators, and various electromechanical actuators”; [0059]; Fig. 2) coupled to a vessel or conduit and operable to extract a sample of a determined volume of the slurry from the vessel or conduit (“apparatus for extracting samples of liquid from vessels, and in particular…positive-displacement sampling apparatus with an inline valve,” that moves a “fixed volume of liquid in the sample-receiving space,” which is functionally capable for use with a slurry sample; [0001][0063]).
Schadt is considered to be analogous to the claimed invention because it is in the same field of endeavor for process-stream sampling. Rizvi teaches that “the controller 70 can be configured to provide fully automated operation of the analyzer 28,” including “activat[ing] the syringe 52 to dispense some of the sample; Rizvi” ([0062],[0063]). Schadt teaches “a sampler with a valve which is less sensitive to any misalignment that may occur within the valve” ([0020]). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller taught by Rizvi in view of Jacquet, Reed and Johnson to carry out instructions to effect the movement of Schadt’s actuator-driven sampler because minimizing manual activity creates a more time efficient system and this includes providing an automatic or mechanical means to replace a manual activity which accomplished the same result (See MPEP 2143(I)(A) and MPEP 2144.04(III)).
Regarding claim 4, Modified Rizvi teaches the apparatus as claimed in claim 3, wherein the controller is operable to instruct the at least one fluid delivery device (automated cleaning mechanism (not illustrated); Rizvi, [0074]) to flush the sample out of the automatic sampler after the sample has been extracted by the automatic sampler (“the automated MBI analyzer can include an automated cleaning mechanism (not illustrated) for cleaning components that are in contact with…MFT,” wherein the automatic sampler has come into contact with MFT; Rizvi, [0074]).
Regarding claim 5, Modified Rizvi teaches the apparatus as claimed in claim 4, wherein the at least one fluid delivery device comprises a water fluid delivery device (The automated cleaning mechanism can include a cleaning fluid dispenser (e.g., for water); Rizvi, [0074]) that cooperates with the automatic sampler to deliver the volume of water into the extracted sample to flush it out of the automatic sampler to clean the automatic sampler (“the automated MBI analyzer can include an automated cleaning mechanism (not illustrated) for cleaning components that are in contact with…MFT,” wherein the automatic sampler has come into contact with MFT; Rizvi, [0074]) thereby making it ready for obtaining a subsequent sample of slurry (This italicized limitation is interpreted as intended use of the water fluid delivery device which would naturally create the result of readying the automatic sampler for obtaining a subsequent sample of slurry after flushing it with water; MPEP §2114).
Regarding claim 6, Modified Rizvi teaches the apparatus as claimed in claim 5, wherein the agitator is under control of the controller (the controller 70 can be coupled to the mixer 40 to activate mixing; Rizvi, [0062]).
Regarding claim 7, Modified Rizvi teaches the apparatus as claimed in claim 6, wherein the controller is operable to instruct the agitator to mix the sample mixture (“the controller 70 can be coupled to the mixer 40 to activate mixing; Rizvi, [0062]) after the sample mixture is received in the mixing chamber (the controller can control “coordination of movement and timing of components and fluids”; Rizvi, [0021]).
Claims 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Rizvi (CA 2948019 A1, See attached English translation) in view of Jacquet et al. (US 20090241696 A1), Reed (US 20140080115 A1) and Johnson et al. (“Diffusive Contaminant Transport in Natural Clay: A Field Example and Implications for Clay-Lined Waste Disposal Sites”), as applied to claim 19 above, and in further view of Sehsah (US 20180230761 A1).
Regarding claim 20, Modified Rizvi teaches the apparatus as claimed in claim 19.
Modified Rizvi is silent to teaching the apparatus further comprises a pH probe located in the mixing chamber to measure the pH of the sample mixture. Modified Rizvi does, however, teach that “the automated MBI analyzer 28 can include an acidification unit (not illustrated) which adds acid (e.g., sulfuric acid) to the MFT sample to inhibit the influence of certain compounds that may be present and controls pH effects” (Rizvi, [0067]).
Sehsah teaches the apparatus further comprises a pH probe located in the mixing chamber to measure the pH of the sample mixture (“Each mud pit 104, 106, 108 is equipped with an automated mud properties measuring unit 116, 118, and 120” which “may include…pH sensors,” wherein the mud pits include a mixer as shown in Fig. 1; [0021]).
Sehsah is considered to be analogous to the claimed invention because it is in the same field of endeavor for automated on-line active clay analyzer in mineral slurries. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rizvi in view of Jacquet, Reed and Johnson to incorporate the teachings of Sehsah with the addition of a pH probe located in the mixing chamber to measure the pH of the sample mixture so as to more accurately control the required amount of added acids “to inhibit the influence of certain compounds that may be present and controls pH effects” (Rizvi, [0067]). Adding a pH sensor to the apparatus that includes an acidification unit for dispensing acids for sample neutralization would be predictable in order to improve precision and accuracy of the required acid dispensing amounts. Combining the known element of a pH probe would allow the system to monitor the exact pH levels as taught by Sehsah ([0021])(See MPEP 2143(I)(A)).
Regarding claim 21, Modified Rizvi teaches the apparatus as claimed in claim 20, wherein the at least one fluid delivery device is operable (protocol for the automated MBI analyzer; Rizvi, [0087]) to deliver sequential volumes of cationic dye solution ((f) Initiate MB increment addition to the mixed sample. Each MB increment can be of the same volume; Rizvi, [0087]) into the diluted sample mixture ((c) Add water to dilute the mixture to a pre-determined volume; Rizvi, [0087]) within the mixing chamber ((ii) Mix the MB-MFT sample; Rizvi, [0087]).
Regarding claim 22, Modified Rizvi teaches the apparatus as claimed in claim 21, wherein the controller is operable to instruct the at least one fluid delivery device to deliver a volume of cationic dye solution into the sample mixture.
However, modified Rizvi fails to teach addition of the dye occurs after an aliquot is withdrawn from the mixing chamber. Rizvi mixes the sample in mixer 40, transfers it to a sample holder 38, adds methylene blue from container 46, and then withdraws an aliquot with syringe 52 (See Figs. 4-5). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have recognized that repositioning the dye inlet so that the cationic dye solution is delivered directly into the syringe barrel, rather than into the sample holder is a matter of structural design because the syringe already serves as the controlled aliquot withdrawal device. Moving the dye inlet to the syringe merely rearranges the fluid-handling components without altering their functions; the syringe still withdraws the aliquot, and the dye is still delivered into the sample mixture. Accordingly, configuring the apparatus so that the dye is introduced into the syringe after aliquot withdrawal represents no more than a predictable rearrangement of known parts (See MPEP 2144.04(IV)(C)).
Regarding claim 23, Modified Rizvi teaches the apparatus as claimed in claim 22 wherein the at least one fluid delivery device is operable to flush water through one or both of the automatic sampler and the mixing chamber (“the automated MBI analyzer can include an automated cleaning mechanism (not illustrated) for cleaning components that are in contact with MB…can include a cleaning fluid dispenser (e.g., for water),” wherein the mixing chamber is contacted with MB; Rizvi, [0074]) to clean them in preparation for processing a subsequent sample (This italicized limitation is interpreted as intended use of the at least one fluid delivery device wherein the cleaning described from the automated cleaning mechanism is functionally capable of being performed in preparation for processing a subsequent sample; MPEP §2114).
Regarding claim 24, Modified Rizvi teaches the apparatus as claimed in claims 23, further comprising a temperature regulating device (MBI analyzer 28 can include…a heater 44; Rizvi, [0057]) under control of the controller and cooperating with the mixing chamber (The mixer 40…heater 44 can be configured and positioned with respect to the sample holder 38 to be able to engage and disengage when required; Rizvi, [0057] to maintain the diluted sample mixture at a set temperature (advantageous when the MFT sample is cold or has been stagnant; Rizvi, [0057]).
Claims 25-30 are rejected under 35 U.S.C. 103 as being unpatentable over Rizvi (CA 2948019 A1, See attached English translation) in view of Jacquet et al. (US 20090241696 A1), Reed (US 20140080115 A1), Johnson et al. (“Diffusive Contaminant Transport in Natural Clay: A Field Example and Implications for Clay-Lined Waste Disposal Sites”), and Sehsah (US 20180230761 A1), as applied to claim 24 above, and in further view of Ispirescu et al. (US 20170314383 A1).
Regarding claim 25, Modified Rizvi teaches the apparatus as claimed in claim 24 wherein the temperature regulating device comprises a jacket (The heater 44 can take the form of a hot plate, a heating jacket; Rizvi, [0057]) around a portion of the mixing chamber (the mixer 40 can have an integrated heater 44; [0066]).
Modified Rizvi is silent to teaching a fluid jacket around a portion of the mixing chamber having a flow of hot fluid or cold fluid circulating through the fluid jacket (emphasis added).
Ispirescu teaches a fluid jacket around a portion of the mixing chamber (Components of the ultrasonic mixer included a…a water-cooling jacket; [0087]) having a flow of hot fluid or cold fluid circulating through the fluid jacket (The water-cooling jacket received cold water from the TEC chiller of the cooling and heating module (104); [0087]; Figs. 5-8).
Ispirescu is considered to be analogous to the claimed invention because it is in the same field of endeavor for automated on-line active clay analyzer in mineral slurries. It is well-known that the use of the water-cooling jacket can cover the mixing chamber with a more even distribution of heating/cooling dispersion around the surface area of the mixing chamber and is more energy-efficient for the process. Additionally, the water-cooling jacket can circulate both hot and cold water, serving a dual temperature regulation that is quicker than the time it takes for natural cooling. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rizvi in view of Reed, Johnson, and Sehsah by incorporating the teachings of Ispirescu and substituting a fluid heating jacket in lieu of a heating jacket as the temperature regulating device around the mixing chamber because both articles serve the same purpose and this involves swapping one known equivalent element for another which would have yielded predictable results (See MPEP 2143(I)(B)).
Regarding claim 26, Modified Rizvi teaches the apparatus as claimed in claim 25, further comprising a memory storage media (image processor; Rizvi, [0082]) to store measurement data generated by the apparatus (the image processor includes analysis modules configured to… do the measurements and save the data” as well as “the digitization and storage of the image”; Rizvi, [0082][0085]).
Regarding claim 27, Modified Rizvi teaches the apparatus as claimed in claim 26, further comprising a data processor (image processor; Rizvi, [0085]) operable to process spectral absorption data measured by the spectrophotometer for the sample (Since “the sensor and processor units can be configured and operated based on non-visible characteristics and may therefore leverage other types of light sources, wavelengths, acquisition techniques and processing techniques to yield useful information regarding the sample. For instance…non-visible light (e.g., infrared, ultraviolet, etc.),” then the image processor is operable to process spectral absorption data measured by the spectrophotometer for the sample; Rizvi, [0092]) and derive a methylene blue index for the slurry sample (MBI data generated by the image processor; Rizvi, [0071]) from the spectra absorbance data.
Regarding claim 28, Modified Rizvi teaches the apparatus as claimed in claim 27, wherein the automatic filter comprises:
a second automatic sampler coupled to the mixing chamber and operable to extract the aliquot from the mixing chamber after each delivery of the cationic dye (“a syringe 52 or another type of dispensing device in fluid communication with the sample holder 38. The syringe 52 is configured to receive a MB-titrated sample 54 (i.e., a mixture of the sample and one or more increments of the MB) from the sample holder 38,” wherein “the controller 70 can…activate the syringe 52”; [0059],[0063]; Fig. 5); and
the media downstream of the second automatic sampler (See any one of parallel filters #n in Fig. 11 of Reed), wherein the second automatic sampler pumps the aliquot through the filter media and the filtrate to the optical flow cell (Modified Rizvi teaches a system where the syringe is connected to the n-way fluid diverter valve of Reed (Fig. 11) that leads to the parallel filter media and is naturally a flow cell to the spectrophotometer or detector train) for obtaining spectra absorbance measurements of each filtrate (the spectrophotometer is functional capable of obtaining spectra absorbance measurements of each filtrate).
Regarding claim 29, Modified Rizvi teaches the apparatus as claimed in claim 28, wherein the automatic filter includes a pressure sensor (pressure and/or flow sensors; Reed, [0113]) that senses pressure of the aliquot upstream of the filter media; and a mechanism operable to replace the filter media with a fresh filter element as a result of a signal from the pressure sensor that the pressure of the aliquot has increased beyond a specified pressure (as each successive filter path hits a predetermined pressure, the n-way fluid switching valve automatically changes flow over to the next parallel flow path with a fresh filter in it until reaching the final filter #n; Reed, [0194]; Fig. 11).
Regarding claim 30, Modified Rizvi teaches an active clay analysing system for analyzing active clays in a mineral slurry in a vessel or passing through a conduit, the system comprising the clay analyzer apparatus as claimed in claim 29 and
a density measuring device near said clay analyzer apparatus that measures the density of the slurry (“The analyzer 28 may include an MFT sample analysis component (not illustrated) for automated inspection of various properties of the MFT samples (e.g., composition, temperature, yield strength, viscosity, and so on,” wherein density can be calculated from these known values; Rizvi, [0070]).
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Rizvi (CA 2948019 A1, See attached English translation) in view of Jacquet et al. (US 20090241696 A1), Reed (US 20140080115 A1) and Johnson et al. (“Diffusive Contaminant Transport in Natural Clay: A Field Example and Implications for Clay-Lined Waste Disposal Sites”), as applied to claim 1 above, and in further view of Bjornson (US 20070187321 A1).
Regarding claim 40, The apparatus as claimed in claim 1.
Modified Rizvi fails to teach a protective shield is provided upstream of the automatic filter to minimize froth in the filtrate.
Bjornson teaches a protective shield to minimize froth in the filtrate (“End walls 185 are preferably formed with a J weir 187 to collect bitumen froth at the end of the discharge channel,” wherein “the water and fine solids stream exits the concentrator vessel through underflow outlets 184 formed in end walls 185 of the discharge channels”; [0071]; Fig. 7E).
Bjornson is considered to be analogous to the claimed invention because it is in the same field of endeavor for filtering mineral slurries. Rizvi teaches that the MBI analyzer may be used with an “oil sands bitumen froth” sample stream, and it is well-known in the art that froth can interfere with downstream spectrophotometric analysis results. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the clay analyzer taught by Rizvi in view of Jacquet, Reed and Johnson by adding the weir and separation wall before filtration because removing the foam helps to reduce fouling in the filters and improves the reliability of downstream analysis results, and this includes combining prior art elements according to known methods to yield predictable results (See MPEP 2143(I)(A)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/V.S./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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