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 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.
Claims 1-15 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the outlet opening" in line 7. There is insufficient antecedent basis for this limitation in the claim. It is unclear is the outlet opening is referring to the first outlet or the second outlet? For examination “the outlet opening” will be referred to as the first outlet.
Claims 2-15 are rejected as being dependent upon claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall et al. (US 2020/0390423).
Regarding claim 1, Hall discloses an intermediate storage dosing unit for taking samples of a fluid, comprising a container (100/200) with an inlet (inlet to main opening to container 202) and a two-way outlet (212 splits the two way outlet), wherein the two-way outlet comprises a riser (208) as a first outlet (top area of 208 that opens to main opening 202) and a drain (220 which leads to drain 240) as a second outlet (area at about 220); wherein the riser tube (208) is oriented within the container (200) so that the fluid can be gravitationally introduced into the outlet opening (this limitation does not further structurally limit the instant claim. The riser tube 208 accepts fluid from main container 200/202 from gravitational flow into riser tube 208 through the first outlet. Further the fluid is not positively claimed and can be added to the container at a later time).
Regarding claim 2, the intermediate storage dosing unit of claim 1 characterized in that the drain (flow path from 208-240) of the two-way outlet and/or the inlet (12) can be closed by a respective valve-preferably a ball valve (238, para 64).
Regarding claim 3, the intermediate storage dosing unit of claim 1 characterized in that the intermediate storage dosing unit has a filter unit (area where filter 224 is held, filter grid or screen) which comprises a filter support (the filter is structurally held within the channel) and a filter substrate (filter grid or screen 224): wherein the filter support is designed as a grid insert (filter grid, para 58,68) with a wall (sidewall of channel) and a mounting element (filter is mounted and held from the sidewalls and suspended in the channel);wherein a channel (fig. 4, ref. 410) which acts as an overflow and/or for venting the container is arranged in the wall (fig. 2 and 4 show the channels which are in fluidic communication with each other) and in the mounting element (see fig. 2), wherein the filter substrate rests on the grid insert (filter sits within the channel from a mounting position on the wall, the filter is a grid or mesh screen).
Regarding claim 4, Hall discloses a system for taking samples of a fluid, preferably water, comprising a sample acquisition unit (bowl that collects fluid to the channel configured to provide a fluid; at least one sample vessel (3), which is configured to contain and store a fluid; wherein a fluid transfer is possible between the sample acquisition unit (210) and the at least one sample vessel (226 after filter); characterized in that an intermediate storage dosing unit (reagent inlet 412 is between 210 and 404) from reagent dosing) of claim 1 is interposed between the sample acquisition unit (210) and the at least one sample vessel (226/404).
Regarding claim 5, the system of claim 4 characterized in that the system comprises a conduit system (23) connected to the intermediate storage dosing unit (reagent inlet 412 is between 210 and 404), in particular to the riser (5) as a second outlet of the intermediate storage dosing unit (reagent inlet 412 is between 210 and 404), and the at least one sample vessel (210) can be connected to or disconnected from the conduit system (there is not structure which allows the sample vessel to be connected to or disconnected from the conduit system), wherein when a sample vessel (210) is connected to the conduit system (every channel after 220) a fluid transfer between the intermediate storage dosing unit (reagent inlet 412 is between 210 and 404) and the at least one sample vessel (210) is possible.
Regarding claim 6, the system of claims 4 characterized in that the system comprises a data processing unit (236 or 426) and an identification number (this limitation does not further structurally limit the instant claim), a control unit (236) and a valve (238 are assigned to the at least one sample vessel (226), wherein the control unit (236) is in data communication with the data processing unit (426 analysis unit) and is configured to open and/or close the valve (para 64); wherein the data processing unit is configured to generate fill level-dependent and/or sample vessel-dependent control commands and to address (para 72), by means of the identification number (this limitation does not further structurally limit the instant claim), the control unit (236) and to transmit the control commands to the control unit (236); wherein the sample vessel (226) is connected to the conduit system (see fig. 2-4) when the valve is open and the sample vessel (226) is disconnected from the conduit system (conduit 240 after valve 238) when the valve is closed (liquid does not flow into conduit 240.
Regarding claim 7, the system of claim 6 characterized in that the conduit system (reagent inlet 412) comprises an inline pump (para 83 discloses, piston, screw, rotary or peristaltic dispensing system) which is configured to produce a fluid flow between the intermediate storage dosing unit (1) and a sample vessel (3) connected to the conduit system (reagent is dispensed into 412 and is provided to sample vessel 404); the control unit (236 controls all aspects of the device) is configured to control the valve via an actuator (para 83).
Regarding claim 8, the system of claims 6 characterized in that the valve is designed as a ball valve (para 64), the intermediate storage dosing unit comprises a fluid level sensor (para 13, 49, 62) which is configured to monitor the fill level of the fluid in the container, wherein the fluid level sensor is in data communication with the data processing unit (236) and provides a fill level-related parameter to the latter; the data processing unit is configured to generate fill level-dependent control commands on the basis of the fill level-related parameter (para 62).
Regarding claim 9, the system of claim 5 characterized in that the system comprises at least two sample vessels (226 and reservoir at 240 where liquid is seen) and the sample vessels within the conduit system can be filled one after the other.
Regarding claim 10, a method for taking samples of a fluid, preferably water characterized in that a fluid is provided by a sample acquisition unit to an intermediate storage dosing unit (urine is collected and moved to the sample vessel 226 where a reagent is injected and an optical detection of the fluid occurs);
a fluid level sensor (para 13, 49, 62) continuously detects a fill level of the fluid in the container of the intermediate storage dosing unit (I) and provides a fill level-related parameter to a data processing unit (236);
the data processing unit (236, para 63, 72) generates sample vessel-dependent and fill level- dependent control commands (data unit controls valves to insure a fluid sample is within the sample chamber in order to provide a measurement of the fluid);
the control commands are transmitted to a control unit (para 76) assigned to a sample vessel; the control unit (para 76 states a CPU and data processing unit 236 which both communicate with each other) opens a valve assigned to the sample vessel (226) via an actuator, a fluid transfer takes place between the intermediate storage dosing unit (reagent is pumped into the sample vessel) and the sample vessel (226), in that an inline pump generates a fluid flow (para 83); the sample vessel (226) receives and stores the fluid and seals it hermetically (valves are closed and the fluid is sealed within the sample vessel 226), wherein the inline pump preferably runs in reverse before the sample vessel is hermetically sealed in order to draw off the air contained in the sample vessel and in the conduit (overflow channel 410 bleeds excess air when the reagent is fed to the sample vessel).
Regarding claim 11, the intermediate storage dosing unit of claim 1 wherein the respective valve in at least one instance is a ball valve (para 64).
Regarding claim 12, the intermediate storage dosing unit of claim 3 wherein the filter substrate comprises a fleece (para 55).
Regarding claim 13, the system of claim 4 wherein the fluid is water (the sample is not positively recited in claim 4 and is therefore not part of the device).
Regarding claim 14, the system of claim 5 characterized in that the system comprises a data processing unit and an identification number (this limitation does not further structurally limit the instant claim), a control unit (CPU or system 236) and a valve (para 64) are assigned to the at least one sample vessel (226), wherein the control unit (CPU) is in data communication with the data processing unit (236) and is configured to open and/or close the valve (para 63-64): wherein the data processing unit is configured to generate fill level-dependent and/or sample vessel-dependent control commands and to address, by means of the identification number, the control unit (CPU) and to transmit the control commands to the control unit (CPU); wherein the sample vessel (236) is connected to the conduit system (fig. 2-4) when the valve is open and the sample vessel (226) is disconnected from the conduit system when the valve is closed (fig. 2-4).
Regarding claim 15, the system of claim 6 wherein the valve is a three-way valve (para 64).
Response to Arguments
Applicant's arguments filed 12/8/25 have been fully considered but they are not persuasive. Applicant argues, “Applicant respectfully notes that Hall et al. does not disclose a two-way outlet such as that recited in amended claim 1. Instead, Hall et al. discloses two separate outlets, namely, the drain 208 from the fecal shelf 206 and the urine collection port 220 at the base of the urine collection area. As an initial matter the drain 208 and the urine collection port 220 separate from one another and therefore cannot be considered as two-way outlet.” A two way outlet implies that there are two outlets and that is how the claims are mapped in reference to fig. 2 of Hall. The first outlet is directed to the riser tube 208 and the second outlet is directed to 220. These outlets are split at junction 212 at the bottom of the collection container 202.
Applicant argues, “Additionally, neither of the drain 208 from the fecal shelf 206 nor the urine collection port 220 at the base of the urine collection area can be considered a riser tube oriented within the container, given that both are shown below the toilet bowl container and paragraph [0058] explicitly states that the "urine collection port 220, is preferably located at the base of urine collection area 210, further comprises a device 224, such as a filter or mesh screen, to prevent solid material, such as feces or toilet paper, from passing through port 220." The dosing unit is as depicted in fig. 2 which comprises a container (200) having all the parts listed as mapped above which include a riser tube, a drain which are all structurally apart or “with” as claimed in claim 1. The riser tube is oriented within the container as shown in fig. 2 where ref. 200 (container) includes all the structures shown in the figure, i.e. 202, 208,220, 240 and all the piping).
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 SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at 571-270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758