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 .
Response to Amendment
The amendment filed 10/17/25 has been entered and fully considered.
Claims 1-20 remain pending.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-15, 17-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by BLACKLEY (US 2016/0370335) as supplied on the IDS dated 12/2/22.
Regarding claim 1, BLACKLEY discloses a method for detecting viruses present in ambient air flows (210), the method comprising: activating, by one or more processors 1618, a fan 1604, 1618 (Fig 16, 0158) disposed within an ambient environment (21); (para [0210]: a fan configured to blow one or more particles from the material into the input port); receiving, at an inlet, a sample of an ambient air flow, wherein the ambient air flow is directed to the inlet by the fan (para [0210]: receiving the at least a particle of the material in an input port via a fan configured to blow one or more particles from the material into the input port); introducing, via a heating element (nickel-chromium wire), heat within the received air flow (Fig 16: 2650; para [0161]: vaporizer [2]650 vaporizer may include a heater heating circuit may include a nickel-chromium wire); identifying, by an analysis device (1618), one or more target volatile organic compounds (VOCs) present in the air flow (Fig 16: 1618; para [0157]: processor 1618 may be configured to activate a gas, vapor, or other material sensor circuit that is specialized for sensing the VOCs {volatile organic compounds] of interest) subsequent to introducing the heat (Fig 16: 1618, 1650; para [0159]: processor 1618 may be configured to control vapor output of the internal vaporizer 1650, which may be directed to an analysis chamber), wherein the one or more target VOCs correspond to VOCs indicative of a virus of a plurality of viruses (para [0148]: A matter of interest may include virus; para [0153): a highly contagious virus is detected); and generating, by the analysis device (1618), an output representative of the one or more target VOCs (note: the processor 102 of Fig 1 corresponds to the processor 1618 of Fig 16; para [0087]: the processor 102 can generate an analysis result based on data generated by the one or more sensors The analysis result can relate to a volatile organic compound (VOC) level The analysis result can be displayed on a screen), wherein the output representative of the one or more target VOCs comprises information that indicates the identified virus of the plurality of viruses (para [0148]: A matter of interest may include virus; para [0153]: a highly contagious virus is detected).
Regarding claim 2, BLACKLEY further teaches the method as further comprising determining a location associated with the identified virus (para [0088]: a global positioning system (GPS) unit 118 can detect a current location of the device).
Regarding claim 3, BLACKLEY further teaches the method as further comprising transmitting the output (para [0168]: a smartphone 1628 may be coupled to the transmitter port 1614 via a wired coupling 1622 or wireless coupling 1620) to one or more users (para [0168)-[0169]: A terminal 1642 may also be coupled to the apparatus 1602 via the WAN 1644, for monitoring or controlling operation of the screening apparatus).
Regarding claim 4, BLACKLEY further teaches the method as further comprising storing information associated with identification of the virus at a database (Fig 16: 1648; para [0153], [0169]: A server 1638 may be coupled to the WAN 1644 and to a database 1648 or other data store, and communicate with the chemical screening apparatus 1602 via the WAN and coupled device 1628; para [0131]: Any information can be stored in and retrieved from the database).
Regarding claim 5, BLACKLEY teaches a system for detecting viruses present in ambient air flows (para [0210]: identify a material via a fan configured to blow one or more particles from the material into the input port. The material can comprise a virus), the system comprising: an inlet (Fig 16: 1606; para (0154): inlet port 1606); a fan (1604) configured to direct an ambient air flow to the inlet (Fig 16: 1604; para [0158]: the sample intake mechanism 1604 further comprises fan sample intake mechanism 1604 may be configured to draw air into an interior volume; para [0210]: a fan configured to blow one or more particles from the material into the input port); a heating element (nickel-chromium wire) configured to heat the air flow (Fig 16: 2650; para [0161]: vaporizer [2]650 vaporizer may include a heater heating circuit may include a nickel-chromium wire) downstream of the inlet (note: BLACKLEY shows the vaporizer 2650 in Fig 16 as being downstream of the inlet port 1606); an analysis device (Fig 16: 1618; para [0157]: processor 1618) configured to: identify one or more target volatile organic compounds (VOCs) present in the air flow (Fig 16: 1618; para [0157]: processor 1618 may be configured to activate a gas, vapor, or other material sensor circuit that is specialized for sensing the VOCs [volatile organic compounds] of interest) subsequent to introducing the heat (Fig 16: 1618, 1650; para (0159): processor 1618 may be configured to control vapor output of the internal vaporizer 1650, which may be directed to an analysis chamber), wherein the one or more target VOCs correspond to VOCs indicative of a virus of a plurality of viruses (para [0148]: A matter of interest may include virus; para 0153]: a highly contagious virus is detected); and generate, by the analysis device (1618), an output representative of the one or more target VOCs (note: the processor 102 of Fig 1 corresponds to the processor 1618 of Fig 16; para [0087]: the processor 102 can generate an analysis result based on data generated by the one or more sensors The analysis result can relate to a volatile organic compound (VOC) level The analysis result can be displayed on a screen), wherein the output representative of the one or more target VOCs comprises information that indicates the identified virus of the plurality of viruses (para [0148]: A matter of interest may include virus; para 0153]: a highly contagious virus is detected).
Regarding claim 6, BLACKLEY further teaches wherein the analysis device comprises: an ionizer (para [0077}-[0078}: a sample of the drawn air, is ionized); a mass analyzer (Fig 16: 1616; para [0157]: MS [mass spectrometer] 1616); and a detector (Fig 16: 1624; para [0166]: sensor circuit 1624 may include a pH sensor for detecting a pH of a material a particle sensor for detecting a density, quantity, type, or other property of a particle, a cellular sensor for detecting data corresponding to a makeup or other property of a living or dead cell).
Regarding claim 7, BLACKLEY further teaches wherein the ionizer is configured to ionize at least a portion of the VOCs of interest to produce one or more ionized fragments (para (0077): ionizing chemical compounds to generate charged molecules or molecule fragments para [0087], (0157)).
Regarding claim 8, BLACKLEY further teaches wherein the mass analyzer is configured to separate the one or more ionized fragments (para [0078]: mass spectrometry procedure can cause some of the sample's molecules to break into charged fragments. These ions are then separated according to their mass-to-charge ratio).
Regarding claim 9, BLACKLEY further teaches wherein the detector is configured to identify the one or more target VOCs based on the separated one or more ionized fragments (para [0078]: molecules in the sample can be identified by correlating known masses to the identified masses stored on the memory device 104 or through a characteristic fragmentation pattern; para [0087], [0157)).
Regarding claim 10, BLACKLEY further teaches wherein the analysis device comprises a sampling pump (Fig 16: 1604; para [0155]: sample intake mechanism 1604 may be variable speed gas pump).
Regarding claim 11, BLACKLEY further teaches wherein the fan (1604) is situated proximate an entry to a building (para [0195]: The apparatus can be for use in an entry to a building) and is activated to provide, to the inlet, air flows (Fig 16: 1604, 1618; para [0158): the sample intake mechanism 1604 further comprises fan sample intake mechanism 1604 may be configured to draw air into an interior volume at a rate controlled at least in part by the processor 1618) containing VOCs (Fig 16: 1618; para [0157]: processor 1618 may be configured to activate a gas, vapor, or other material sensor circuit that is specialized for sensing the VOCs [volatile organic compounds] of interest) associated with one or more persons entering or exiting the entry of the building (para [0147], [0190]: The apparatus can be for use in an entry to a building, an exit from a building).
Regarding claim 12, BLACKLEY further teaches the system as further comprising one or more processors (Fig 16: 1618; para [0162]: The processor 1618 may be, or may include, any suitable microprocessor or microcontroller) configured to control operations of the analysis device (note: the processor 102 of Fig 1 corresponds to the processor 1618 of Fig 16; para [0053]: Either or both of the RAM or the long-term memory can comprise a non-transitory computer-readable medium storing program instructions that, when executed by the processor 102 perform all or part of one or more methods and/or operations described).
Regarding claim 13, BLACKLEY further teaches wherein the one or more processors are configured to determine a location associated with the identified virus (para [0088): a global positioning system (GPS) unit 118 can detect a current location of the device; para (0153)).
Regarding claim 14, BLACKLEY further teaches wherein the one or more processors are configured to transmit the output (para [0168]: a smartphone 1628 may be coupled to the transmitter port 1614 via a wired coupling 1622 or wireless coupling 1620) to one or more users (para {0168]-[0169]: A terminal 1642 may also be coupled to the apparatus 1602 via the WAN 1644, for monitoring or controlling operation of the screening apparatus).
Regarding claim 15, BLACKLEY further teaches wherein the one or more processors are configured to store information associated with identification of the virus at a database (Fig 16: 1648; para [0158}, [0169]: A server 1638 may be coupled to the WAN 1644 and to a database 1648 or other data store, and communicate with the chemical screening apparatus 1602 via the WAN and coupled device 1628; para [0131]: Any information can be stored in and retrieved from the database), and wherein the database is stored at a memory communicatively coupled to the one or more processors (para [0086]: The processor 102 can access a database stored in the memory device 104).
Regarding claim 17, BLACKLEY teaches a non-transitory computer-readable storage medium (long-term memory) storing instructions that, when executed by one or more processors (1618), cause the one or more processors to perform operations (Fig 16: 1618; para [0163]: program instructions and data may be stored in a long-term memory, for example, a non-volatile magnetic, optical, or electronic memory storage device (also not shown). Either or both of the RAM or the storage device may comprise a non-transitory computer-readable medium holding program instructions, that when executed by the processor 1618, cause the apparatus 1602 to perform a method or operations as described) for detecting viruses present in ambient air flows (para [0158], [0210}: identify a material via a fan configured to blow one or more particles from the material into the input port. The material can comprise a virus), the operations comprising: activating a fan (Fig 16: 1604, 1618; para (0158): the sample intake mechanism 1604 further comprises fan sample intake mechanism 1604 may be configured to draw air into an interior volume at a rate controlled at least in part by the processor 1618) disposed within an ambient environment (para [0210]: a fan configured to blow one or more particles from the material into the input port); receiving a sample of an ambient air flow at an inlet, wherein the ambient air flow is directed to the inlet by the fan (para [0210}: receiving the at least a particle of the material in an input port via a fan configured to blow one or more particles from the material into the input port); activating a heating element (nickel-chromium wire) to heat the received air flow (Fig 16: 2650; para [0161]: vaporizer [2]650 vaporizer may include a heater heating circuit may include a nickel-chromium wire); identifying one or more target volatile organic compounds (VOCs) present in the air flow (Fig 16: 1618; para [0157]: processor 1618 may be configured to activate a gas, vapor, or other material sensor circuit that is specialized for sensing the VOCs [volatile organic compounds] of interest) subsequent to introducing the heat (Fig 16: 1618, 1650; para [0159]: processor 1618 may be configured to control vapor output of the internal vaporizer 1650, which may be directed to an analysis chamber), wherein the one or more target VOCs correspond to VOCs indicative of a virus of a plurality of viruses (para [0148]: A matter of interest may include virus; para [0153]: a highly contagious virus is detected; para [0157]), and generating an output representative of the one or more target VOCs (note: the processor 102 of Fig 1 corresponds to the processor 1618 of Fig 16; para [0087]: the processor 102 can generate an analysis result based on data generated by the one or more sensors The analysis result can relate to a volatile organic compound (VOC) level The analysis result can be displayed on a screen), wherein the output representative of the one or more target VOCs comprises information that indicates the identified virus of the plurality of viruses (para [0148): A matter of interest may include virus; para [0153]: a highly contagious virus is detected).
Regarding claim 18, BLACKLEY further teaches the operations further comprising determining a location associated with the identified virus (para [0088]: a global positioning system (GPS) unit 118 can detect a current location of the device; para [0158)).
Regarding claim 19, BLACKLEY further teaches the operations further comprising at least one of transmitting (para [0168]: a smartphone 1628 may be coupled to the transmitter port 1614 via a wired coupling 1622 or wireless coupling 1620) to one or more users (para [0169]: A termina! 1642 may also be coupled to the apparatus 1602 via the WAN 1644, for monitoring or controlling operation of the screening apparatus) and storing information associated with identification of the virus at a database (Fig 16: 1648; para [0158], [0169]: A server 1638 may be coupled to the WAN 1644 and toa database 1648 or other data store, and communicate with the chemical screening apparatus 1602 via the WAN and coupled device 1628; para [0131]: Any information can be stored in and retrieved from the database).
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.
Claim(s)16, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over BLACKLEY (US 2016/0370335) in view of LI (US 2007/0037140) both as supplied on the IDS dated 12/2/22.
Regarding claim 16, BLACKLEY teaches the system of claim 5, however BLACKLEY does not teach specifically wherein the plurality of viruses includes COVID-19. Li teaches, in the context of detecting virus (abstract: virus detection), wherein the plurality of viruses includes a SARS coronavirus (para [0049]: a corona virus causing the severe acute respiratory syndrome (SARS-CoV)). It would have been obvious to a person having ordinary skill in the art to modify the system of BLACKLEY so that the plurality of viruses includes COVID-19, as suggested by Li because COVID-19 (a.k.a., SARS-CoV-2) is another type of coronavirus that also directly causes severe acute respiratory syndrome, in order to provide "for a quick, sensitive and accurate diagnosis of the severe acute respiratory syndrome (SARS)" (see Li at para [0008)).
Regarding claim 20, BLACKLEY teaches the non-transitory computer-readable storage medium of claim 17, however BLACKLEY does not teach specifically wherein the plurality of viruses include COVID-19. Li teaches, in the context of detecting virus (abstract: virus detection), wherein the plurality of viruses includes a SARS coronavirus (para [0049]: a corona virus causing the severe acute respiratory syndrome (SARS-CoV)). It would have been obvious to a person having ordinary skill in the art to modify the non-transitory computer-readable storage medium of BLACKLEY so that the plurality of viruses includes COVID-19, as suggested by Li because COVID-19 (a.k.a., SARS-CoV -2) is another type of coronavirus that also directly causes severe acute respiratory syndrome, in order to provide “for a quick, sensitive and accurate diagnosis of the severe acute respiratory syndrome (SARS)" (see Li at para [0008)).
Response to Arguments
Applicant's arguments filed 10/17/25 have been fully considered but they are not persuasive.
In response to applicant’s argument, pages 5-6 that BLACKLEY does not disclose method or non-transitory computer-readable storage medium that involves the use of a processor in combination with a distinct analysis device, the examiner respectfully disagrees. First, applicant points out that the previous rejection recited component 1618 of BLACKLEY when discussing both the processors and analysis device limitations of the claim, which examiner agrees. However, this is due to the fact that the further components included in the processor 1618 do not have separate reference numbers and therefore the rejection also cited paragraphs of BLACKLEY for further information on these components of the processor. Specifically, BLACKLEY discloses the processor 1618 includes numerous circuits, microcontrollers, CPUs, system on a chips or microprocessors for the various tasks accomplished in the system [0155, 0157-160, 0162, 0219]. The instant specification clarifies that the “one or more processors 122 may include application specific integrated circuits (ASICs), field programmable gate arrays (FPGAs), microcontrollers, central processing units (CPUs) having one or more processor cores, or other logic and circuitry configured to perform operations of the analysis device”. Therefore the examiner maintains the circuits, microcontrollers, etc. of BLACKLEY meet the claimed limitation of “one or more processors” and the overall processor 1618 meets the limitation of the analysis device of claims 1 and 17.
Furthermore, in response to applicant’s argument that BLACKLEY does not disclose a distinct processor and analysis device, the examiner points out that the current application does not support this argument. While it is true the claim recites “one or more processors” and “an analysis device” separately, the instant specification does not provide support for these limitations being distinct components. As stated in paragraph [0024] of the instant specification and Figure 1 – “the system 100 include an analysis device 110 that includes an inlet 112, a heating element 114, one or more membrane inlets 116, a sampling pump 118, one or more processors 122”, see location of reference number 122 within the box labeled analysis device 110 in the schematic of Fig 1. Therefore, it is clear that the one or more processors are in fact a part of the claimed analysis device, not a physically separate component. Regarding the argument that BLACKLEY does not disclose this feature, applicant is directed to the above argument in which the examiner points out BLACKLEY does disclose a processor 1618 (meets the limitation of analysis device) which further includes circuits, microcontrollers etc. (distinct components meeting limitation of one or more processors).
It is noted that independent claim 5 does not include the above argued processor limitation and applicant does not present any clear arguments against the rejection regarding this independent claim. Therefore the examiner maintains the rejection.
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 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 DANIELLE B HENKEL whose telephone number is (571)270-5505. The examiner can normally be reached M-Th 11-7 EST, Alt. Fridays.
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, Michael Marcheschi can be reached at 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIELLE B HENKEL/Examiner, Art Unit 1799
/William H. Beisner/Primary Examiner, Art Unit 1799