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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/11/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendments and remarks, filed on 10/13/2025, has been entered. The claim amendments overcome the previous 112(b) rejection of claims 51-52.
The amendments and remarks, filed on 10/13/2025, has been entered. The prior art rejection is modified to applied to address the claim amendments.
Claim Status
Claims 26-30, 32-45, 49-52, and 54 are pending with claim 43, 49-52, and 54 being examined and claims 26-30, 32-42, and 44-45 are withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 43, 49-52, and 54 are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al (US 20120094369 A1; hereinafter “Jackson”; already of record) in view of Hummer et al (US 20200111342 A1; hereinafter “Hummer”; already of record).
Regarding claim 43, Jackson teaches a cassette (Jackson; Fig. 2A; para [48]; a cassette 200 a suitable for housing test materials 100) comprising a first cassette spool (Jackson; Fig. 2A; para [48]; Unused test material 100 is wound around a supply spool 202), a second cassette spool (Jackson; Fig. 2A; para [48]; take up spool 205), a sensor aperture (Jackson; Fig. 2A; para [48]; A test aperture 206) and a sensor strip (Jackson; Fig. 2A; para [48]; test material 100), wherein the sensor strip is wound from the first cassette spool across the sensor aperture onto the second cassette spool (Jackson; Fig. 2A; para [48]; Unused test material 100 is wound around a supply spool 202. When the test material 100 is to be used, it is passed from the supply spool 202 along a supply path 203, via guide rollers 204, to a take up spool 205), wherein the sensor strip comprising a flexible substrate (Jackson; Fig. 1A; para [46]; a continuous flexible substrate 101) with a first surface and an array of semiconductor polymer sensors arranged on the first surface (Jackson; Fig. 1B; para [43]; a plurality of discrete test sites 102), wherein each of the semiconductor polymer sensors comprises a pair of electrodes (Jackson; para [45]; the substrate 101 may be provided with a plurality of electrodes 103), wherein the pair of electrodes comprises a first electrode and a second electrode (Jackson; Fig. 1B; para [45]; each test site 102 may be provided with a respective pair of electrodes 103 a and 103 b), wherein a semiconductor polymer is disposed between the first electrode and the second electrode (Jackson; para [43, 45]; test site 102 contains one or more reagents that are suitable for providing an indication of the presence and/or concentration of a substance of interest… each test site 102 may be provided with a respective pair of electrodes 103 a and 103 b), and wherein the first surface of the flexible substrate is positioned facing the sensor aperture when the flexible substrate is across the sensor aperture (Jackson; para [48]; A test aperture 206 in the body 201 provides an aperture through which a sample of bodily fluid (for example blood) may be deposited onto a test site 102 that is positioned facing the test aperture 206).
Jackson does not disclose the sensor strip being a soil volatile organic compound (VOC) sensor strip.
However, Hummer teaches an analogous art of a detecting, monitoring or measuring chemical concentrations (Hummer; Abstract) comprising a sensor strip (Hummer; para [29]; the sensor strip comprising of a sensor device and a detection device) being a soil volatile organic compound (VOC) sensor strip (Hummer; para [114]; the sensors (28) may detect harmful or unwanted materials such as volatile organic compounds). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the sensor strip of Jackson to also detect volatile organic compounds as taught by Hummer, to provide additional functionality for the sensor strip. Hummer teaches that sensors strips can detect various chemical compounds, for example, that a sensor may detect blood (Hummer; para [60]) as taught by Jackson, but is also capable of detecting various chemicals compounds (Hummer; para [113]).
Regarding claim 49, modified Jackson teaches the cassette soil VOC sensor strip according to claim 43, wherein the length of one or each of the first electrode and/or one or each of the second electrode is in the range of about 1 cm to about 50 cm (Jackson; para [44]; the substrate 101 may be sufficiently flexible that it can be wound around a circular former (or any other suitable circular object, or any portion of any other suitable circular object) of 10 cm).
Regarding claim 50, modified Jackson teaches the cassette according to claim 43, wherein the cassette comprises a first cassette spool housing chamber and a second cassette spool housing chamber (Jackson; para [49]; The take up spool 205 may be provided with a drive socket 207…The supply spool 202 may also be provided with a drive socket 208).
Regarding claim 51, modified Jackson teaches the cassette according to claim 43, wherein the cassette comprises guides for positioning the sensor strip and the semiconductor polymer sensors (Jackson; para [48]; the test material 100 is to be used, it is passed from the supply spool 202 along a supply path 203, via guide rollers 204).
Regarding claim 52, modified Jackson teaches the cassette according to claim 43, wherein the sensor strip has a last sensor and is wound tightly around the first cassette spool with the last sensor in the strip attached to the second cassette spool (Jackson; para [48]; Unused test material 100 is wound around a supply spool 202. When the test material 100 is to be used, it is passed from the supply spool 202 along a supply path 203, via guide rollers 204, to a take up spool 205). Examiner interprets the “last sensor” as the sensor most recently used sensor on the sensor strip.
Regarding claim 54, modified Jackson teaches the cassette according to claim 43, wherein the flexible substrate comprises a polymeric film, polyimide, polyethylene, polypropylene, polyethylene terephthalate, polyvinyl chloride, polyamide, polystyrene, polycarbonate, polylactide, wax-coated paper, plastic-coated paper, laminated plastic films, or any combination of two or more thereof (Jackson; para [79, 80]; substrate 101 is formed of porous paper…The flexible substrate 101 of the present invention may be formed by polymer modification of an absorbent or porous material).
Response to Arguments
Applicant’s arguments filed, 10/13/2025, have been considered and are not found to be persuasive. The non-persuasive arguments are addressed below.
In the Applicant’s arguments, on page 6-7, the Applicant argues that Jackson fails to teach the claim amendments. Specifically, the Applicant argues that the limitations are not taught because Jackson teaches the electrodes and/or reagents may be applied to a side of the substrate opposite to the side onto which the sample is measured. Examiner notes that the arguments are directed to an “alternative” arrangement. Jackson teaches wherein the first surface of the flexible substrate is positioned facing the sensor aperture when the flexible substrate is across the sensor aperture (Jackson; para [48]; A test aperture 206 in the body 201 provides an aperture through which a sample of bodily fluid (for example blood) may be deposited onto a test site 102 that is positioned facing the test aperture 206).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Q Le whose telephone number is (571)272-7556. The examiner can normally be reached Monday - Friday 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Robinson can be reached at (571)272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.Q.L./Examiner, Art Unit 1796
/ELIZABETH A ROBINSON/Supervisory Patent Examiner, Art Unit 1796