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 .
Claim Objections
Claims 2, 10, and 17 are objected to because of the following informalities:
In claim 2, line 2, "within an internal check valve" should read --with an internal check valve-- to correct a typographical error.
In claim 10, line 14, "within an internal check valve" should read --with an internal check valve-- to correct a typographical error.
In claim 17, line 14, "within an internal check valve" should read --with an internal check valve-- to correct a typographical error.
In claim 17, line 4, “defining flow restrictor passage” should read --defining a flow restrictor passage-- to correct a typographical error.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 20 recites "The air/gas sampling apparatus of claim 18, wherein the high-pressure air/gas source adapter". There is a lack of antecedent basis for "the high-pressure air/gas source adapter". For purposes of examination, it is assumed that claim 20 is dependent upon claim 19, which provides the necessary antecedent basis for the limitation.
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 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.
Claims 1-3, 6-10, 13-17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kaplan (US 5,437,199), in view of Spurgeon (US 6,779,411).
As to claim 1, Kaplan (US 5,437,199) discloses an air/gas sampling apparatus 10 (Fig. 1) to retrieve, store, and ship an air/gas sample from a high-pressure air/gas source (tank 12, Fig. 1, Abstract) comprising: a housing (adapter 16, Fig. 1, Fig. 4) including: a housing inlet segment (16b, Fig. 4, col. 5, ln. 52-54) including an inlet orifice and defining a flow restrictor passage (through restrictor plate 20), a housing outlet segment 16c including a central outlet passage and removably connected to the housing inlet segment 16b (see Fig. 4, col. 5, ln. 52-57: 16b and 16c are threadably attached), the housing inlet segment 16b and the housing outlet segment 16 defining a chamber at a flow restrictor passage outlet 20 (the interior of adapter base 16c, see Fig. 4), the chamber having a chamber inlet and a chamber outlet, the flow restrictor passage 20 reducing the air/gas sample flow to the chamber (see Fig. 4, col. 5,ln. 57-64); and a sample bag (pouch 34) for receiving and storing the air/gas sample from the chamber outlet (Fig. 1, Fig. 2,col. 6, ln. 30-32).
While Kaplan discloses a filter pad 30 separate from and disposed downstream of the housing 16 of the flow restrictor passage 20 (col. 4, ln. 64-67), Kaplan's apparatus differs from the claimed invention in that it does not disclose a filter pad in the chamber of the housing at the location of the flow restrictor passage, and thus, does not disclose that the housing is a filter housing.
However, Spurgeon teaches a gas sampling apparatus 200 (Fig. 2) having a filter housing (filtration cassette 102, Fig. 2) comprised of an inlet segment (body portion 106) with a flow restricting passage (one or more portals 202 in interchangeable restrictor plate 202, col. 4, ln. 55-64) and an outlet segment 110 (see Fig. 2, col. 4, ln. 45-54), wherein the inlet segment and outlet segment together define a filter chamber at the flow restricting passage outlet 204, and a filter pad (filter medium 112 and filter support pad 108) disposed in the filter chamber directly behind the flow restricting passage outlet 204, whereby the entirety of the air/gas sample flows into the flow restrictor passage 202 and through the filter pad 112, 108 to ensure the quality of the test of the air sample (see Fig. 2, col. 4, ln. 55-64).
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify the apparatus of Kaplan so that the filter pad is disposed directly behind the flow restrictor in the same housing, as taught Spurgeon, in order to direct the incoming gas to a defined localized area of the filter pad, thus, enabling easier microscopic analysis of the particles captured in the filter pad (see Spurgeon, Abstract: "Preferably, the restrictor plate is positioned anterior and abutting the filter medium in relation to the particle exposure so that a gas or liquid is directed to a defined localized area of the filter medium. The localized area of filtration enables easier microscopic analysis of the filter medium and dramatically reduces the time required to collect and analyze a filtration sample.") and significantly enhancing the collection efficiency (see Spurgeon, col. 4, ln. 61-64).
As to claim 2, modified Kaplan discloses the air/gas sampling apparatus of claim 1, wherein the sample bag includes an inlet fitting 33 with an internal check valve 33 (Fig. 1 of Kaplan), the inlet fitting in fluid communication with the filter housing (see Fig. 1 of Kaplan showing a check valve 33 schematically attached to pouch 34, the check valve housing is considered the inlet fitting and the valve member is considered the "internal check valve").
As to claim 3, modified Kaplan discloses the air/gas sampling apparatus of claim 2, further including a quick release coupler 18 attached between the filter housing outlet segment 16c and the inlet fitting 33 (see Fig. 1, Fig. 2 of Kaplan, col. 4, ln. 35-37; col. 5, 45-51).
As to claim 6, modified Kaplan discloses the air/gas sampling apparatus of claim 1, wherein the sampling apparatus further includes a low-pressure relief valve 36 (Fig. 1, Fig. 2 of Kaplan) configured to exhaust excess air/gas stored in the sample bag 34 (col. 5, ln. 4-8 of Kaplan).
As to claim 7, modified Kaplan discloses the air/gas sampling apparatus of claim 1, connected to a high-pressure air/gas source adapter (yoke 14, Fig. 1, col. 6, ln. 20-22 of Kaplan).
As to claim 8, modified Kaplan discloses the air/gas sampling apparatus of claim 7, wherein the high-pressure air/gas source adapter is one of a self-contained underwater breathing apparatus (SCUBA) adapter, a self- contained breathing apparatus (SCBA) adapter, or a National Pipe Tapered (NPT) adapter (scuba yoke or fire-fighting tank yoke 14, col. 6, ln. 14-22 of Kaplan).
As to claim 9, modified Kaplan discloses the air/gas sampling apparatus of claim 1, wherein the filter housing inlet segment 16b and the filter housing outlet segment 16c are threadedly coupled to one another (see Kaplan, Fig. 4, col. 5, ln. 52-57: 16b and 16c are threadably attached).
As to claim 10, Kaplan (US 5,437,199) discloses an air/gas sampling apparatus 10 (Fig. 1) to retrieve, store, and ship an air/gas sample from a high-pressure air/gas source (tank 12, Fig. 1, Abstract) comprising: a housing (adapter 16, Fig. 1, Fig. 4) including: a housing inlet segment (16b, Fig. 4, col. 5, ln. 52-54) including an inlet orifice and defining a flow restrictor passage (through restrictor plate 20), a housing outlet segment 16c including a central outlet passage and removably connected to the housing inlet segment 16b (see Fig. 4, col. 5, ln. 52-57: 16b and 16c are threadably attached), the housing inlet segment 16b and the housing outlet segment 16 defining a chamber at a flow restrictor passage outlet 20 (the interior of adapter base 16c, see Fig. 4), the chamber having a chamber inlet and a chamber outlet, the flow restrictor passage 20 reducing the air/gas sample flow to the chamber (see Fig. 4, col. 5,ln. 57-64); and a sample bag (pouch 34) for receiving and storing the air/gas sample from the chamber outlet (Fig. 1, Fig. 2,col. 6, ln. 30-32), the sample bag including an inlet fitting 33 with an internal check valve 33 (Fig. 1 of Kaplan), the inlet fitting in fluid communication with the filter housing 16 (see Fig. 1 of Kaplan showing a check valve 33 schematically attached to pouch 34, the check valve housing is considered the inlet fitting and the valve member is considered the "internal check valve").
While Kaplan discloses a filter pad 30 separate from and disposed downstream of the housing 16 of the flow restrictor passage 20 (col. 4, ln. 64-67), Kaplan's apparatus differs from the claimed invention in that it does not disclose a filter pad in the chamber of the housing at the location of the flow restrictor passage, and therefore, does not disclose that the housing is a filter housing.
However, Spurgeon teaches a gas sampling apparatus 200 (Fig. 2) having a filter housing (filtration cassette 102, Fig. 2) comprised of an inlet segment (body portion 106) with a flow restricting passage (one or more portals 202 in interchangeable restrictor plate 202, col. 4, ln. 55-64) and an outlet segment 110 (see Fig. 2, col. 4, ln. 45-54), wherein the inlet segment and outlet segment together define a filter chamber at the flow restricting passage outlet 204, and a filter pad (filter medium 112 and filter support pad 108) disposed in the filter chamber directly behind the flow restricting passage outlet 204, whereby the entirety of the air/gas sample flows into the flow restrictor passage 202 and through the filter pad 112, 108 to ensure the quality of the test of the air sample (see Fig. 2, col. 4, ln. 55-64).
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify the apparatus of Kaplan so that the filter pad is disposed directly behind the flow restrictor in the same housing, as taught Spurgeon, in order to direct the incoming gas to a defined localized area of the filter pad, thus, enabling easier microscopic analysis of the particles captured in the filter pad (see Spurgeon, Abstract: "Preferably, the restrictor plate is positioned anterior and abutting the filter medium in relation to the particle exposure so that a gas or liquid is directed to a defined localized area of the filter medium. The localized area of filtration enables easier microscopic analysis of the filter medium and dramatically reduces the time required to collect and analyze a filtration sample.") and significantly enhancing the collection efficiency (see Spurgeon, col. 4, ln. 61-64).
As to claim 13, modified Kaplan discloses the air/gas sampling apparatus of claim 10, further including a quick release coupler 18 attached between the filter housing outlet segment 16c and the inlet fitting 33 (see Fig. 1, Fig. 2 of Kaplan, col. 4, ln. 35-37; col. 5, 45-51).
As to claim 14, modified Kaplan discloses the air/gas sampling apparatus of claim 10, wherein the sample bag further includes a low-pressure relief valve 36 (Fig. 1, Fig. 2 of Kaplan) configured to exhaust excess air/gas sample stored in the sample bag 34 (col. 5, ln. 4-8 of Kaplan).
As to claim 15, modified Kaplan discloses the air/gas sampling apparatus of claim 10, connected to a high-pressure air/gas source adapter (yoke 14, Fig. 1, col. 6, ln. 20-22 of Kaplan).
As to claim 16, modified Kaplan discloses the air/gas sampling apparatus of claim 15, wherein the high-pressure air/gas source adapter is one of a self-contained underwater breathing apparatus (SCUBA) adapter, a self- contained breathing apparatus (SCBA) adapter, or a National Pipe Tapered (NPT) adapter (scuba yoke or fire-fighting tank yoke 14, col. 6, ln. 14-22 of Kaplan).
As to claim 17, Kaplan (US 5,437,199) discloses an air/gas sampling apparatus 10 (Fig. 1) to retrieve, store, and ship an air/gas sample from a high-pressure air/gas source (tank 12, Fig. 1, Abstract) comprising: a housing (adapter 16, Fig. 1, Fig. 4) including: a housing inlet segment (16b, Fig. 4, col. 5, ln. 52-54) including an inlet orifice and defining a flow restrictor passage (through restrictor plate 20), a housing outlet segment 16c including a central outlet passage and removably connected to the housing inlet segment 16b (see Fig. 4, col. 5, ln. 52-57: 16b and 16c are threadably attached), the housing inlet segment 16b and the housing outlet segment 16 defining a chamber at a flow restrictor passage outlet 20 (the interior of adapter base 16c, see Fig. 4), the chamber having a chamber inlet and a chamber outlet, the flow restrictor passage 20 reducing the air/gas sample flow to the chamber (see Fig. 4, col. 5,ln. 57-64); and a sample bag (pouch 34) for receiving and storing the air/gas sample from the chamber outlet (Fig. 1, Fig. 2,col. 6, ln. 30-32), the sample bag including an inlet fitting 33 with an internal check valve 33 (Fig. 1 of Kaplan), the inlet fitting in fluid communication with the filter housing 16 (see Fig. 1 of Kaplan showing a check valve 33 schematically attached to pouch 34, the check valve housing is considered the inlet fitting and the valve member is considered the "internal check valve"), and having a quick release coupler 18 attached between the filter housing outlet segment 16c and the inlet fitting 33 (see Fig. 1, Fig. 2 of Kaplan, col. 4, ln. 35-37; col. 5, 45-51)..
While Kaplan discloses a filter pad 30 separate from and disposed downstream of the housing 16 of the flow restrictor passage 20 (col. 4, ln. 64-67), Kaplan's apparatus differs from the claimed invention in that it does not disclose a filter pad in the chamber of the housing at the location of the flow restrictor passage, and therefore, does not disclose that the housing is a filter housing.
However, Spurgeon teaches a gas sampling apparatus 200 (Fig. 2) having a filter housing (filtration cassette 102, Fig. 2) comprised of an inlet segment (body portion 106) with a flow restricting passage (one or more portals 202 in interchangeable restrictor plate 202, col. 4, ln. 55-64) and an outlet segment 110 (see Fig. 2, col. 4, ln. 45-54), wherein the inlet segment and outlet segment together define a filter chamber at the flow restricting passage outlet 204, and a filter pad (filter medium 112 and filter support pad 108) disposed in the filter chamber directly behind the flow restricting passage outlet 204, whereby the entirety of the air/gas sample flows into the flow restrictor passage 202 and through the filter pad 112, 108 to ensure the quality of the test of the air sample (see Fig. 2, col. 4, ln. 55-64).
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify the apparatus of Kaplan so that the filter pad is disposed directly behind the flow restrictor in the same housing, as taught Spurgeon, in order to direct the incoming gas to a defined localized area of the filter pad, thus, enabling easier microscopic analysis of the particles captured in the filter pad (see Spurgeon, Abstract: "Preferably, the restrictor plate is positioned anterior and abutting the filter medium in relation to the particle exposure so that a gas or liquid is directed to a defined localized area of the filter medium. The localized area of filtration enables easier microscopic analysis of the filter medium and dramatically reduces the time required to collect and analyze a filtration sample.") and significantly enhancing the collection efficiency (see Spurgeon, col. 4, ln. 61-64).
As to claim 19, modified Kaplan discloses the air/gas sampling apparatus of claim 17, connected to a high-pressure air/gas source adapter (yoke 14, Fig. 1, col. 6, ln. 20-22 of Kaplan).
As to claim 20, modified Kaplan discloses the air/gas sampling apparatus of claim 19, wherein the high-pressure air/gas source adapter is one of a self-contained underwater breathing apparatus (SCUBA) adapter, a self- contained breathing apparatus (SCBA) adapter, or a National Pipe Tapered (NPT) adapter (scuba yoke or fire-fighting tank yoke 14, col. 6, ln. 14-22 of Kaplan).
Claims 4, 5, 11, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kaplan (US 5,437,199), in view of Spurgeon (US 6,779,411), as applied to claims 1, 10, and 17, and further in view of Laughlin et al.(US 10,627,321).
As to claim 4, modified Kaplan discloses the air/gas sampling apparatus of claim 1, including at least one high-volume exhaust passage (vent 24, Fig. 1, Fig. 2 of Kaplan, col. 4, ln. 59-64) downstream of the filter chamber (vent 24 is downstream of the modified adapter housing 16b,c, which includes the filter taught by Spurgeon), but does not disclose that the exhaust passage/vent is on the filter housing outlet segment 16c. However, Laughlin teaches exhaust passage 58 which is located on an adapter housing outlet segment 56 of adapter housing 42, see Fig. 2, col. 7, ln. 60 - col. 8,ln. 2). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify the apparatus of Kaplan so that the exhaust passage/vent is on the filter/adapter housing outlet segment 16c, as taught by Laughlin in order to consolidate components and eliminate the need to connect an additional vent coupling to the apparatus.
As to claim 5, modified Kaplan discloses the air/gas sampling apparatus of claim 4, wherein the at least one high-volume exhaust outlet section (valve 56 of Laughlin applied to outlet segment 16c of Kaplan) is coupled to the sample bag 34 (Fig. 1 of Kaplan shows the adapter 16 attached to pouch 34 through tubing 22, 28, 32, col. 4, ln. 43 - col. 5, ln. 8).
As to claim 11, modified Kaplan discloses the air/gas sampling apparatus of claim 10, including at least one high-volume exhaust passage (vent 24, Fig. 1, Fig. 2 of Kaplan, col. 4, ln. 59-64) downstream of the filter chamber (vent 24 is downstream of the modified adapter housing 16b,c, which includes the filter taught by Spurgeon), but does not disclose that the exhaust passage/vent is on the filter housing outlet segment 16c. However, Laughlin teaches exhaust passage 58 which is located on an adapter housing outlet segment 56 of adapter housing 42, see Fig. 2, col. 7, ln. 60 - col. 8,ln. 2). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify the apparatus of Kaplan so that the exhaust passage/vent is on the filter/adapter housing outlet segment 16c, as taught by Laughlin in order to consolidate components and eliminate the need to connect an additional vent coupling to the apparatus.
As to claim 12, modified Kaplan discloses the air/gas sampling apparatus of claim 11, wherein the at least one high-volume exhaust outlet section (valve 56 of Laughlin applied to outlet segment 16c of Kaplan) is coupled to the sample bag 34 (Fig. 1 of Kaplan shows the adapter 16 attached to pouch 34 through tubing 22, 28, 32, col. 4, ln. 43 - col. 5, ln. 8).
As to claim 18, modified Kaplan discloses the air/gas sampling apparatus of claim 17, including at least one high-volume exhaust passage (vent 24, Fig. 1, Fig. 2 of Kaplan, col. 4, ln. 59-64) downstream of the filter chamber (vent 24 is downstream of the modified adapter housing 16b,c, which includes the filter taught by Spurgeon), but does not disclose that the exhaust passage/vent is on the filter housing outlet segment 16c. However, Laughlin teaches exhaust passage 58 which is located on an adapter housing outlet segment 56 of adapter housing 42, see Fig. 2, col. 7, ln. 60 - col. 8,ln. 2). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify the apparatus of Kaplan so that the exhaust passage/vent is on the filter/adapter housing outlet segment 16c, as taught by Laughlin in order to consolidate components and eliminate the need to connect an additional vent coupling to the apparatus.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Thornton et al. (US 4,014,206), Ghandi et al. (US 4,461,184), Moesle, Jr. (US 5,417,204), Stephenson et al. (US 2002/0029607), and Mihaylov et al. (US 9,188,509) disclose various gas sampling and/or testing devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE L WOODWARD whose telephone number is (571)270-1479. The examiner can normally be reached on Monday - Friday 8:30 am - 4:30 pm.
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/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785