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
Applicant’s amendment filed on 12/29/25 has been entered. Claim 20 is cancelled. Claim 21 is added. Claims 1-19 and 21 are pending and are examined herein. Applicant’s amendment and remark have overcome each and every objection and rejection set forth in the Office Action mailed on 08/27/25.
Status of Objection and Rejection
Rejection of claim 20 is obviated by Applicant’s cancellation.
Objection of claim 10 is withdrawn in view of Applicant’s Amendment.
Rejection of claim 2 under 112(b) is withdrawn in view of Applicant’s Amendment.
The amendment necessitates new ground of rejection.
Response to Arguments
Applicant’s arguments, see Pages 8-10, filed 12/29/25, with respect to the rejection(s) of claim(s) 1-19 under 103 have been fully considered and are persuasive. The remark is directed to the newly amended subject that now requires the sampling tube to collect/receive the sample in vapors form from an interior of the chemical processing equipment (Remark, para. 5, page 8-para. 1, page 9), whereas the prior art of the record collects the “vapor” in the form of condensed steam that is later vaporized (Remark, para. 3, page 9-para. 2, page 10). Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ye (CN207585967U).
Claim Interpretation
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Temperature measuring device and heating element in claim 1.
In Page 4 of the specification, the applicant discloses the temperature measuring device is a thermocouple; and in page 8 of the specification, the applicant discloses the heating element to be either an electrical resistance heater or a liquid heat transfer fluid in a jacketed or adjacent tube configuration.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
Claim(s) 1-2, 4, 16, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye (CN207585967U; English machine translation attached) in view of Kuhr (US 20170336341 A1) as cited in previous Office Action.
Regarding claim 1, Ye discloses a method of collecting chemical vapors (flue gas) from chemical processing equipment method (equipment from thermal power plant, specifically those involved combustion; Background technique) comprising:
providing at least one sampling apparatus in communication with the chemical processing equipment (The sampling probe is in the form of a sheath rod for integral assembly, wherein the ceramic sampling inner tube 1 is placed inside the sleeve as a passage for the flue gas conveying…Detailed description, para. 5); and
receiving vapors from an interior of the chemical processing equipment in the sampling apparatus (The gas sample taken out passes through a gas pipeline, Background technique, para. 1; interpreted as the disclosed sampling probe will also be used with the gas pipeline), wherein the vapors (flue gas) include at least one chemical (The main gas components are nitrogen, oxygen, carbon dioxide and water vapor. The harmful components are carbon monoxide, nitrogen oxides, sulfur oxides and hydrogen sulfide. Background technique, para. 2),
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wherein the sampling apparatus comprises:
an outer containment tube (Protective sleeve 5, Fig. 1);
a sampling tube positioned within the outer containment tube (ceramic sampling inner tube 1, Fig. 1), wherein the sampling tube is configured and arranged for receiving the vapors from an interior of the chemical processing equipment (The gas sample taken out passes through a gas pipeline, Background technique, para. 1; interpreted as the disclosed sampling probe will also be used with the gas pipeline);
a compression seal (head flange 6, Fig. 1) positioned within one end of the outer containment tube and that is configured and arranged for providing an air tight seal between the outer containment tube and the sampling tube and for precluding outside vapors from entering the outer containment tube (the stainless steel head flange seals between the ceramic sampling inner tube 1 and the stainless steel protective sleeve 5 The flue gas is prevented from coming into contact with the spring heating wire 2, and the spring heating wire 2 is protected from corrosion…Detailed description, para. 5);
a heating element configured and arranged to provide heat to the vapors within the sampling tube to maintain molecules of the vapors in the sampling tube in a vapor state (heating wire 2, Fig. 2; Summary of the Invention, para. 6); and
a temperature measuring device (temperature control instrument 4, Fig. 1) configured and arranged to measure an interior temperature of the outer containment tube and to transmit an electrical signal (the heating wire is wound around the outer wall of the ceramic sampling inner tube, and one end of the data transmission line is connected On the heating wire, the other end of the data transmission line is connected to the temperature control instrument, Summary of the invention, para. 3) to an outside computer control system that is configured and arranged to adjust an operating temperature of the heating element (the temperature control instrument is disposed outside the sampling probe, Summary of the invention, para. 3).
Ye does not explicitly disclose a temperature measuring device is a thermocouple configured and arranged to measure an interior temperature of the outer containment tube and to transmit an electrical signal to an outside computer control system that is configured and arranged to adjust an operating temperature of the heating element.
In an analogous art, Kuhr discloses an apparatus for creating volatile components of a substance. The apparatus comprises a heater, temperature sensor, time and temperature control. Furthermore, Kuhr discloses the temperature sensor may be a thermocouple (para. [0124]). Furthermore, Kuhr discloses the thermocouple (Thermocouple 112, Figure 8) is coupled with information retrieval and delivery means in electrical communication, and a time and temperature control device (Electronic controller, User Interface, External Interface, Figure 8) that adjust the heat (Heater 124, Figure 8) (Interpreted as claimed computer control system that is configured and arranged to adjust an operating temperature of the heating element; para.[0130]).
Based on the disclosure of Ye and Kuhr, it would have been obvious to one of ordinary skill in the art to have utilized a a thermocouple configured to measure the temperature of the outer containment tube and transmit the signal to a computer control system configured to adjust the temperature of the heating element such as the one taught by Kuhr to as the temperature control element of probe in Ye to derive the claimed invention. Doing so allows the temperature control suggested by Ye to be automated in order to kept the sample heated (Detailed description, para. 4).
Regarding claims 2 and 21, Modified Ye discloses the claimed invention as discussed above in claim 1. Ye discloses the outer containment tube comprises a stainless tube (Detailed description, para. 5).
Regarding claim 4, Modified Ye discloses the claimed invention as discussed above in claim 1. Ye discloses the sampling apparatus is in direct communication with a chemical analysis device (gas analysis system, Background, para. 3).
Regarding claim 16, Modified Ye discloses the claimed invention as discussed above in claim 1. Ye discloses the chemical processing equipment comprises a continuous flow chemical reactor (equipment in thermal power plants, particularly those used in combustion Abstract).
Claim(s) 3, 5-14, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye (CN207585967U) in view of Kuhr (US 20170336341 A1) as applied to claim 1 above, and further in view of Lachine (U.S. 20190187121 A1) as cited in previous Office Action.
Regarding claim 3, Modified Ye discloses the claimed invention as discussed above in claim 1. Ye discloses a sampling apparatus connected to a chemical analysis device (gas analysis system, Background, para. 3). However, neither Ye nor Kuhr discloses a vapor chamber in communication with the sampling apparatus and that is situated downstream of the sampling apparatus and upstream of a chemical analysis device.
Lachine discloses a method of collecting chemical vapors (hydrocarbon vapor/pentane vapor; para. [0005]) from chemical processing equipment (heat exchanger; para. [0005]) method comprising:
providing at least one sampling apparatus (sample chamber 110, Fig. 1) (…flowing water comprising condensed steam and at least one hydrocarbon at a first temperature through a sample chamber; para. [0010]) in communication with the chemical processing equipment (The flow of water can correspond to, for example, condensed steam from a heat exchanger system. Para. [0011]); and
collecting vapors from an interior of the chemical processing equipment (In this type of situation, the hydrocarbon vapor (such as pentane vapor) from the processing environment can potentially enter into the heat exchanger/steam transport system if any material failures are present. Para. [0005]. Interpreted as collecting the hydrocarbon vapor mixed with steam by first condensing the steam; hence completing the “collecting the vapor”) in the sampling apparatus (…flowing water comprising condensed steam and at least one hydrocarbon at a first temperature through a sample chamber; para. [0010]), wherein the vapors include at least one chemical (hydrocarbon vapor, para. [0005]),
wherein the sampling apparatus comprises:
an outer containment tube (the outer shield of 110 surrounding the inner overflow tube 120, Fig. 1);
a sampling tube positioned within the outer containment tube, wherein the sampling tube is configured and arranged for collecting the vapors (inner overflow tube 120, Fig. 1; para. [0043]);
a compression seal (valve 119, Fig. 1) positioned within one end of the outer containment tube and that is configured and arranged for providing an air tight seal between the outer containment tube and the sampling tube and for precluding outside vapors from entering the outer containment tube (Valve 119 can then be opened to allow gas to transfer from sample chamber 110 to vapor chamber 140. Thus, sample chamber 110 and vapor chamber 140 are in selective fluid communication via valve 119. Para. [0044]); and
a heating element (The system can further include a heater associated with the sample chamber. Para. [0017]) configured and arranged to provide heat to the vapors within the sampling tube to maintain molecules of the vapors in the sampling tube in a vapor state (The heating of the water in the sample chamber to the second temperature can be performed by any convenient method, such as by heat exchange and/or using a heater. Para. [0037]; the heat exchange method to heat up the sample chamber is interpreted to be liquid heat transfer fluid in a jacketed or adjacent tube), and
a vapor chamber (Vapor chamber 140, Fig. 1) that is in communication with the sampling apparatus (sampling chamber 110, Fig. 1) and that is situated downstream of the sampling apparatus and upstream of a chemical analysis device (gas chromatogram 160, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the method of Ye by incorporating a vapor chamber of Lachine between the outlet of the device of Ye and a gas analysis system to derive the claimed invention. Incorporating a separate chamber for processing collected samples allow the contents in the chamber to be pressurize to a desired pressure for the content to be later passed onto a gas analysis system (Lachine, After the period of time, the vapor chamber can be isolated from the sample chamber. The vapor chamber can then optionally be pressurized to a desired pressure. The content of the vapor chamber can then be passed to a detection volume, such as the characterization cell for a gas chromatography system. para. [0028]).
Regarding claims 5-6, Modified Ye discloses the claimed invention as discussed above in claim 3. Lachine (after incorporation into Ye) discloses the vapor discharged into the sampling tube is processed into the vapor chamber in order to modify the density and temperature of the vapor (Gas comprising the at least one hydrocarbon can then be transferred from the sample chamber into a vapor chamber. Optionally, the vapor chamber can also be heated to the second temperature prior to and/or during the transferring. Para. [0011]; Note: changing temperature of gas will also change the density.); and the vapor chamber contains multiple ports (the inlet and outlet of vapor chamber denoted by 119 and 149; Figure 1) to facilitate the modification and transmission of the vapor to the chemical analysis device.
Regarding claim 7, Modified Ye discloses the claimed invention as discussed above in claim 5. Lachine (after incorporation into Ye) discloses said ports comprise an introduction port for introducing a gas into the vapor chamber, wherein the gas is used to dilute the density of the vapor and to serve as a carrier gas to convey the vapor to the chemical analysis device located downstream of the vapor chamber (Optionally, additional gas can be added to the vapor chamber to increase the pressure in the vapor chamber. For example, additional N2 can be added to the vapor chamber to increase the pressure in the vapor chamber to a pressure of 50 kPa-g or more, or 70 kPa-g or more, or 90 kPa-g or more. Para. [0039]).
Regarding claim 8, Modified Ye discloses the claimed invention as discussed above in claim 5. Lachine (after incorporation into Ye) discloses wherein said ports comprise a purge port (nitrogen port 241, Fig. 1) for introducing a purge gas to the vapor chamber, wherein the purge gas is used to clean the vapor chamber prior to the introduction of successive vapor charges (Before opening the flow path to the vapor chamber, the vapor chamber can optionally be purged with an inert gas, such as nitrogen, and then optionally pumped out to reduce the pressure in the vapor chamber; para. [0036]).
Regarding claim 9-10, Modified Ye discloses the claimed invention as discussed above in claim 5. Lachine (after incorporation into Ye) discloses wherein said ports comprise a vacuum port for the interfacing of the vapor chamber with a vacuum system used, wherein the vacuum port maintains the flow of vapor collected from the chemical processing equipment into the vapor chamber (Vacuum line 281; After any optional purging of vapor chamber 240 with nitrogen 241, and/or optional reducing of pressure in vapor chamber 240 via vacuum line 281; para. [0047] and Fig. 2). The vacuum port is also capable of serving as measurement for configured for vapor discharge is pressures within the vapor chamber exceed a predetermined process control pressure (After any optional purging of vapor chamber 240 with nitrogen 241, and/or optional reducing of pressure in vapor chamber 240 via vacuum line 281; para. [0047]).
Regarding claim 11, Modified Ye discloses the claimed invention as discussed above in claim 5. Lachine (after incorporation into Ye) discloses the heating the vapor chamber to assure the maintenance of molecules of the vapor within the vapor chamber in the vapor state (para. [0060]). Lachine does not disclose the heating is applied via an electrical heating mantle. However, Lachine discloses the heating can be done by any conventional method (The heating of the water in the sample chamber to the second temperature can be performed by any convenient method; para. [0037]).
Kuhr, for example, discloses an apparatus for creating volatile components comprising a power source, a heater, and a temperature sensor and control (para. [0124]). Kuhr further discloses the heater may be a Ceramic UF Heater, simply resistive heating tape wrapped around the sample container, or other suitable heating device (para. [0124]). Based on Lachine’s disclosure that heating can be done by any conventional method, it would have been obvious to one of ordinary skill in the art to have substituted an electrical heating such as the options presented by Kuhr to the method/device of Lachine (after incorporation into Ye) to produce an expected result of keeping the gas/sample heated and gaseous.
Regarding claim 12, Modified Ye discloses the claimed invention as discussed above in claim 5. Lachine (after incorporation into Ye) discloses the heating the vapor chamber to assure the maintenance of molecules of the vapor within the vapor chamber in the vapor state (para. [0060]), where the heating is applied via a heating jacket where heat transfer fluids are used to control temperature (The heating of the water in the sample chamber to the second temperature can be performed by any convenient method, such as by heat exchange and/or using a heater. Para. [0037]; the heat exchange method to heat up the sample chamber is interpreted to be liquid heat transfer fluid in a jacketed or adjacent tube).
Regarding claim 13-14, Modified Ye discloses the claimed invention as discussed above in claims 11 and 12 respectively. The modification of claims 11 and 12 does not explicitly disclose using a temperature measuring device that is interfaced to a control system which subsequently monitors the temperature of the vapor chamber and adjusts the temperature within the vapor chamber to maintain predetermined operating parameters.
Kuhr discloses an apparatus for creating volatile components of a substance. The apparatus comprises a heater, temperature sensor, time and temperature control. Furthermore, Kuhr discloses the temperature sensor may be a thermocouple (para. [0124]). Furthermore, Kuhr discloses the thermocouple (Thermocouple 112, Figure 8) is coupled with information retrieval and delivery means in electrical communication, and a time and temperature control device (Electronic controller, User Interface, External Interface, Figure 8) that adjust the heat (Heater 124, Figure 8) (Interpreted as claimed computer control system that is configured and arranged to adjust an operating temperature of the heating element; para.[0130]).
Based on the disclosure of Ye, Lachine and Kuhr, it would also have been obvious to one of ordinary skill in the art to have incorporate a thermocouple configured to measure the temperature of the vapor chamber and transmit the signal to a computer control system configured to adjust the temperature of the heating element such as the one taught by Kuhr to the device and method of Lachine (after incorporation into Ye) to derive the claimed invention. Doing so allows the temperature control for the vapor chambers suggested by Lachine to be automated in order to kept the sample heated and vaporized (Lachine, para. [0037]).
Regarding claim 18, Modified Ye discloses the claimed invention as discussed above in claim 3. Lachine (after incorporation with Ye) discloses the analysis device is a gas chromatograph (gas chromatograph 161, Fig. 1; 261, Fig. 2).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye (CN207585967U) in view of Kuhr (US 20170336341 A1) as applied to claim 1 above, and further in view of Granger (US 3517557 A) as cited in the previous Office Action.
Regarding claim 15, Modified Ye discloses the claimed invention as discussed above in claim 1. Though Ye does not explicitly disclose the chemical processing equipment comprises a batch type chemical reactor, Ye discloses the method is capable of sampling for gaseous or vaporous sample through a gas pipeline in a power plant (the furnace/reactor in the power plant is typically continuous reactor (Background technique, para. 3). Furthermore, Ye discloses the sampling probe of the claimed invention is not limited to the scope of the embodiment disclosed and the method is subject to variations (Detailed Description, para. 11).
In an analogous art, Granger discloses some sampling methods of sampling hot gaseous mixtures containing condensables water vapor (The sampling is addressed to the taking of gaseous mixtures circulating at high temperatures, such as of the order of 400 C. and under a pressure generally less than 1 kg./ sq. cm., in which the gaseous mixtures are made up of water vapor, light hydrocarbons and heavy oils, tars and carbon, all of which are easily condensable; Col. 1, Lines 34-41) from a cracking furnace (Cracking furnace is a semi-continuous, or a variation of batch reactor) (known as cracking oven as well; Col. 1, Lines 44-46). Granger discloses one process involves condensing samples of gas mixture taken from cracking furnace (It is known that samples may be taken from gaseous mixtures issuing from cracking ovens by processes which generally comprise cooling the samples by washing with water in order to eliminate the easily condensable fractions as soon as the samples have been drawn off. Col. 1, Lines 44-53).
As the method of Ye involves sampling exhaust/flue gas in a thermal power plant (which typically involves continuous reactor such as furnace, it would have been obvious for one of ordinary skill in the art to have tried the method of sampling for vapor/gaseous content from Modified Ye in a batch-type furnace such as the one taught in Granger by sampling exhaust comprising water and heavier hydrocarbon (produced from furnace in thermal power plant) with a reasonable expectation of success.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye (CN207585967U) in view of Kuhr (US 20170336341 A1) as applied to claim 1 above respectively, and further in view of Shinohata (US 20140332367 A1) as cited in the previous Office Action.
Regarding claim 17, Modified Ye discloses the claimed invention as discussed above in claim 1. Neither Ye nor Kuhr discloses the chemical processing equipment is a thin film distillation column. Ye discloses the sampling probe of the claimed invention is not limited to the scope of the embodiment disclosed and the method is subject to variations (Detailed Description, para. 11).
In an analogous art, Shinohata discloses a method of sampling mixed gas in a thin film distillation (para. [0304]), the mixture comprising both a liquid phase and a gaseous phase (para. [0303]), which has similar chemical content as the flue gas collected in Ye (The flue gas includes a main gas component and a trace harmful gas component. The main gas components are nitrogen, oxygen, carbon dioxide and water vapor. The harmful components are carbon monoxide, nitrogen oxides, sulfur oxides and hydrogen sulfide. Background, para. 3) As the probe of Ye is concerned with collecting gaseous or vaporous sample from industrial components, it would have been obvious to one of ordinary skill in the art before the effective filing date to have utilize the method/probe of sampling a flue gas/vapor mixture of Ye to the thin film distillation of Shinohata by connecting the inlet of the sampling probe to a port in the distillation column with a reasonable expectation of success. Doing so allows one of ordinary skill in the art to assess and sample the quality of the distillation (Shinohata, para. [0141]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye (CN207585967U) in view of Kuhr (US 20170336341 A1) and Lachine (U.S. 20190187121 A1) as applied to claim 3 above respectively, and further in view of Tay (GC-MS: A Powerful Technique for Hydrocarbon Analysis, 2021) as cited in the previous Office Action.
Regarding claims 19, Modified Ye discloses the claimed invention as discussed above in claim 3. Lachine (after incorporation with Ye) does not explicitly discloses using mass spectrometry in addition to GC. Tay discloses that GC-MS is generally more accurate for analysis of hydrocarbon than GC (Useful features of GC-MS for the petrochemical field, paragraph 1-2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have incorporate a GC-MS in place of GC as taught by Lachine (after incorporation with Ye) to derive the claimed invention. Doing so produces a more accurate and precise analysis of the collected products.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 103424285 A (A Flue Gas Mercury Sampling Gun) discloses a flue gas sampling probe with similar structure (Fig. 1) as the claimed invention and prior art Ye (See below)
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wherein, 1, second stainless steel 2, stainless steel screen, 3, front heating probe, 4, tetra-fluorine seal ring, 5, copper, O type sealing ring, 6, puller and a locating spring, 7, ceramic cotton 8. Twins quartz tube, 9, a stainless steel sleeve 10, an external ceramic bushing, 11, heating wire 12, inner layer ceramic sleeve, 13, temperature control switch, 14, external power socket, 15, square stainless steel shell, 16, 0 type sealing ring; 17, end cover flange, 18, tower nozzle 19, sampling quartz tube, 20, absorb pipe fixer 21, first stainless steel, 22, flange 23, quartz wool (para. [0023]).
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 MICKEY HUANG whose telephone number is (571)272-7690. The examiner can normally be reached M-F 9:30-5:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at 5712707698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.H./ Examiner, Art Unit 1758
/MARIS R KESSEL/ Supervisory Patent Examiner, Art Unit 1758
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