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 .
DETAILED ACTION
Response to Arguments
Applicant’s Arguments/Remarks filed 10/24/2025 have been fully considered but they are not persuasive.
Applicant argues, see Remarks, pgs. 2-3, that: “Accordingly, Applicant respectfully requests withdrawal of the allegation that the claimed "sample holder connected to the desorber body, the sample holder configured to hold a sample trap" is disclosed by Jenkins' sample trap”.
Applicant argues, see Remarks, pgs. 3-5, that: “Indeed, as literally described (see Wu, at paragraph [0051]), the removable element of Wu's system is the "removable sample holder 809". Removable sampler holder 809 is not a desorber body. Rather, it is a "sampling substrate [that] can be inserted into a sample loading port between the shaped heating plate 803 (thermal desorber) and sample inlet screen 805" (see Wu, at paragraph [0051]). Annotated FIG. 8 of Wu, as shown below, emphasizes how Wu discloses various components that are fixed in place, with only the sample holder being removable:
Therefore, Wu fails to disclose, teach, or suggest "a desorber body removably coupleable to a sample inlet of a chemical trace detection system". Further, Wu teaches away from such a desorber body by showing a thermal desorber that is fixed in place, and by purportedly teaching that "an efficient and effective sampling method" (see Wu, at paragraph [0002]) can be achieved by combining such a thermal desorber with the removable sample holder.
Accordingly, Applicant respectfully requests withdrawal of the allegation that the combination of Jenkins and Wu teaches "a desorber body removably coupleable to a sample inlet of a chemical trace detection system"”.
In response to item(s) 2 above, the examiner disagrees. The examiner is giving the claims their broadest reasonable interpretation. JENKINS et al. (US 20020134933 A1) discloses a desorber (fig. 1; “desorber”), comprising:
a desorber body (fig. 1; “desorber”)
a sample holder (fig. 1; “sample trap” and/or receptacle/slot in “desorber” for holding the “sample trap”) “connected to” the desorber body (fig. 1; slot in “desorber”, and/or when the “sample trap” is placed into the “desorber”, they are “connected to”/contacting each other (Note claim 1 does not specify how they are “connected to”)),
the sample holder (fig. 1; “sample trap” and/or receptacle/slot in “desorber” for holding the “sample trap”) configured to hold a sample trap (fig. 1; “sample trap”); and
a sample heater (fig. 1; “desorber”) [0008] carried by the desorber body (fig. 1; “desorber”) to desorb a sample contained by the sample trap (fig. 1; “sample trap”) [0008] [0016]
(fig. 1; “sample trap”, heated desorber body/”desorber”; “ionization chamber”; drift tube E1-E6; with detector/”collector electrode”)
[0008 Note heated desorption unit, is inclusive of including/”carrying” a heater]
[0016].
In response to item(s) 3 above, the examiner disagrees. The examiner is giving the claims their broadest reasonable interpretation. WU (US 20110210244 A1) discloses a desorber body (fig. 8; plate with heater 803) [0051] removably coupleable (via 809 being removeable from 803 and/or via threaded coupling of 801 (801 includes 803/809) to a downstream MS, as well) [0051] to a sample inlet (post inlet screen 805, ionization region 808, 807) [0051] of a chemical trace detection system [0051 Note removable sample holder 809, Note 801 can be interfaced to a variety of instruments].
(Note claim 1 does not specify how it is removably coupled).
(fig. 8; section 801 (containing at least, desorber 803, sample trap 809/electrospray nozzles 811, and inlet screen 805) is shown as removably coupled/interfaced (via a threaded engagement (unlabeled)) between an end cap (white/light gray color) coupling/interfacing 801 to a downstream (darker gray) chamber that is surrounding 807/808)
[0051 Note The multi-function sample introduction apparatus 801 can be interfaced to a variety of instruments, such as a MS, a ion mobility based spectrometer].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of JENKINS, with a desorber body removably coupleable to a sample inlet of a chemical trace detection system, as taught by WU, to allow for ease of loading/unloading samples into the system/a variety of instruments for analysis thereof [0051].
Election/Restrictions
Applicant’s election without traverse of Group II, claim(s) 1 and 9, in the reply filed on 7/2/2025 is acknowledged.
2. Claim(s) 1, 6, 9-10 and 14 will be examined. Claim(s) 2-5, 8, 11-13 and 15-28 are withdrawn.
Allowable Subject Matter
Claim(s) 10 and 14 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Concerning claim 10, the search did not find or make obvious a chemical trace detection system, comprising:
a drift tube;
a sample inlet sized to receive a desorber according to claim 1;
a tube attachment feature associated with the sample inlet couplable to the desorber;
a detector disposed within the drift tube;
a voltage source to produce an electrical field in the drift tube; and
an ionizer to establish an ionization region adjacent to the electrical field;
wherein insertion of the desorber in the sample inlet couples the tube attachment feature with the desorber to hold a sample in or adjacent to the ionization region and
a sample heater associated with the desorber desorbs particles of the sample held in a sample holder of the desorber such that the desorbed particles are introduced directly into the ionization region from the sample holder to form ionized molecules that are forced toward the detector by the electrical field.
Claims 14 is dependent upon claim 10.
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.
2. Claim(s) 1, 6 and 9 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over JENKINS et al. (US 20020134933 A1) in view of WU (US 20110210244 A1).
Regarding claim 1, JENKINS discloses a desorber (fig. 1; “desorber”), comprising:
a desorber body (fig. 1; “desorber”)
a sample holder (fig. 1; “sample trap” and/or receptacle/slot in “desorber” for holding the “sample trap”) “connected to” the desorber body (fig. 1; slot in “desorber”, and/or when the “sample trap” is placed into the “desorber”, they are “connected to”/contacting each other (Note claim 1 does not specify how they are “connected to”)),
the sample holder (fig. 1; “sample trap” and/or receptacle/slot in “desorber” for holding the “sample trap”) configured to hold a sample trap (fig. 1; “sample trap”); and
a sample heater (fig. 1; “desorber”) [0008] carried by the desorber body (fig. 1; “desorber”) to desorb a sample contained by the sample trap (fig. 1; “sample trap”) [0008] [0016]
(fig. 1; “sample trap”, heated desorber body/”desorber”; “ionization chamber”; drift tube E1-E6; with detector/”collector electrode”)
[0008 Note heated desorption unit, is inclusive of including/”carrying” a heater]
[0016].
But JENKINS fails to disclose a desorber body removably coupleable to a sample inlet of a chemical trace detection system.
WU discloses a desorber body (fig. 8; plate with heater 803) [0051] removably coupleable (via 809 being removeable from 803 and/or via threaded coupling of 801 (801 includes 803/809) as well, see fig. 8) [see 0051] to a sample inlet (post inlet screen 805, ionization region 808, 807) [0051] of a chemical trace detection system [0051 Note removable sample holder 809] [0051 Note 801 can be interfaced to a variety of instruments] (Note claim 1 does not specify how it is removably coupled)
(fig. 8; section 801 (containing at least, desorber 803, sample trap 809/electrospray nozzles 811, and inlet screen 805) is shown as removably coupled/interfaced (via a threaded engagement (unlabeled)) between an end cap (white/light gray color) coupling/interfacing 801 to a downstream (darker gray) chamber that is surrounding 807/808)
[0051 Note The multi-function sample introduction apparatus 801 can be interfaced to a variety of instruments, such as a MS, a ion mobility based spectrometer].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of JENKINS, with a desorber body removably coupleable to a sample inlet of a chemical trace detection system, as taught by WU, to allow for ease of loading/unloading samples into the system/a variety of instruments for analysis thereof [0051].
Regarding claim 6, JENKINS discloses that the desorber body (fig. 1; “desorber”) is defined between a first end and a second end opposite the first end, the sample holder (fig. 1; “sample trap”) “being located at” the second end
[0008 Note “placing the sample trap in the heated desorption unit”]
(fig. 1; “sample trap” with arrow is “located at” a second end of the “desorber”).
Regarding claim 9, JENKINS discloses further comprising a gripping region for a user to grip (fig. 1; any grippable region of the device; and/or of the “sample trap”)
[0008 Note paper sample traps ; is inclusive of “grippable region” paper traps] .
[0016].
Moreover, regarding claim 9, WU discloses further comprising a gripping region (fig. 8; of 809) for a user to grip (fig. 8; any grippable region of the device; and/or of 809) [0051]; and is obvious for the reasons discussed supra with reference to claim(s) 1, see previous.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew Smyth whose telephone number is 571-270-1746. The examiner can normally be reached between 9:00AM - 6:00PM; Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached on (571) 272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SMYTH/Primary Examiner, Art Unit 2881