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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/4/26 has been entered.
Claims 1-20 remain pending, of which the amendments to independent claims 1, 5 and 17 are supported by at least paragraph [0021] of the instant specification.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16, 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The independent claims 5 and 17 from which rejected claims 16 and 20 depend respectively, are currently amended to limit the group of VOCs that are identified by the system. These specific VOCs have support in the instant specification in paragraph [0021], however, this paragraph states these VOCs are correlated with Influenza A. While the paragraph later states that detection of COVID-19 is possible, the specific VOCs associated with COVID-19 are never stated. Therefore, due to the amendment to the independent claims, the previously pending claims 16 and 20 are no longer supported by the specification as it does not provide any evidence the specific group of VOCs claimed would allow for identification of COVID-19.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over BLACKLEY (US 2016/0370335) as supplied on the IDS dated 12/2/22 in view of REDDY (US 2020/0337594) (newly cited).
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 and 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 a virus; para [0153]: a highly contagious virus is detected).
BLACKLEY discloses identifying by an analysis device a VOC present in the air flow, the VOC corresponding to VOCs indicative of a virus as discussed above, but does not explicitly disclose identifying one or more VOCs from the group consisting of n-propyl acetate, propanal and acetaldehyde. However, REDDY discloses a method for detecting and identifying substances comprising a housing with air inlet 104 for receiving a sample of air flow, the inlet connected to a sensor module which communicates with a processor for detecting and identifying certain substances in the breath (air flow), in which the substances can include any VOC (Fig 1, 0037-0039, 0049, Fig 7), in which the VOCs detected can be those of a biomarker which can identify the virus in a subject (VOCs indicative of a virus), specifically acetaldehyde and propanal (0201-205, 209, 213-216).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the analysis device of BLACKLEY to include the sensors and processors capable of identifying VOCs such as acetaldehyde and propanal present in the air flow as taught by REDDY because it allows for detection of specific respiratory viruses that display those biomarker VOCs (0205-213).
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).
BLACKLEY discloses identifying by an analysis device a VOC present in the air flow, the VOC corresponding to VOCs indicative of a virus as discussed above, but does not explicitly disclose identifying one or more VOCs from the group consisting of n-propyl acetate, propanal and acetaldehyde. However, REDDY discloses a method for detecting and identifying substances comprising a housing with air inlet 104 for receiving a sample of air flow, the inlet connected to a sensor module which communicates with a processor for detecting and identifying certain substances in the breath (air flow), in which the substances can include any VOC (Fig 1, 0037-0039, 0049, Fig 7), in which the VOCs detected can be those of a biomarker which can identify the virus in a subject (VOCs indicative of a virus), specifically acetaldehyde and propanal (0201-205, 209, 213-216).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the analysis device of BLACKLEY to include the sensors and processors capable of identifying VOCs such as acetaldehyde and propanal present in the air flow as taught by REDDY because it allows for detection of specific respiratory viruses that display those biomarker VOCs (0205-213).
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 16, REDDY discloses the virus identified can be COVID-19 (0213-216).
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).
BLACKLEY discloses identifying by an analysis device a VOC present in the air flow, the VOC corresponding to VOCs indicative of a virus as discussed above, but does not explicitly disclose identifying one or more VOCs from the group consisting of n-propyl acetate, propanal and acetaldehyde. However, REDDY discloses a method for detecting and identifying substances comprising a housing with air inlet 104 for receiving a sample of air flow, the inlet connected to a sensor module which communicates with a processor for detecting and identifying certain substances in the breath (air flow), in which the substances can include any VOC (Fig 1, 0037-0039, 0049, Fig 7), in which the VOCs detected can be those of a biomarker which can identify the virus in a subject (VOCs indicative of a virus), specifically acetaldehyde and propanal (0201-205, 209, 213-216).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the analysis device (and non-transitory computer-readable storage medium) of BLACKLEY to include the processors (and the sensors) capable of identifying VOCs such as acetaldehyde and propanal present in the air flow as taught by REDDY because it allows for detection of specific respiratory viruses that display those biomarker VOCs (0205-213).
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).
Regarding claim 20, REDDY discloses the virus identified can be COVID-19 (0213-216).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically applicant argues that the prior art does not anticipate or render obvious the identification of the newly claimed specific VOCs, which is addressed herein by the newly cited reference of REDDY (for details see rejection of claims 1, 5, and 17).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited on the attached PTO 892 demonstrate the state of the art of applicant’s endeavor as they disclose identifying VOCs in air such as those newly claimed in order to detect viruses.
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.
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.
/DANIELLE B HENKEL/Examiner, Art Unit 1799
/MICHAEL A MARCHESCHI/Supervisory Patent Examiner, Art Unit 1799
Prosecution Insights