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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/6/2026 has been entered.
Response to Amendment
The amendment filed April 6, 2026 has been entered.
Claims 1 and 3-8 remain pending and examined in the application. Claims 2 and 9-13 are canceled.
Applicant’s amendments to the Claims have overcome each and every objection previously set forth in the Final Office Action mailed February 6, 2026.
Based on Applicant’s amendments and remarks, the previous prior art rejection has been modified to address the claim amendments.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Endou et al. (US Pub. No. 2008/0168828; hereinafter Endou; already of record) in view of Tanji et al. (Translation of JP Pub. No. 2016-83646; hereinafter Tanji; already of record) and Smart et al. (US Pat. No. 6,184,531; hereinafter Smart).
Regarding claim 1, Endou discloses a water quality control method for quantitative analysis and/or qualitative analysis of particles contained in water to be analyzed ([0001], [0012]-[0014], see Figs. 1-2, 5). The method comprises:
attaching a particle capturing membrane for capturing particles to a filtration device connected to a flow pipe through which the water to be analyzed flows ([0061]-[0064], see Fig. 5 at filtration device 316 having hollow fiber membrane 304).
Allowing the water to be analyzed to flow from the flow pipe over a predetermined period to the particle capturing membrane attached to the filtration device and capturing the particles contained in the water to be analyzed to form a particle capturing membrane sample ([0061]-[0064], see Fig. 5. See also [0041] for discussion of “filtration time”).
Performing at least one of quantitative analysis and qualitative analysis of the particle capturing membrane sample of a water flow of a period of interest ([0061]-[0064], see Fig. 5).
Endou fails to explicitly disclose:
sealing, after completion of the predetermined period, the particle capturing membrane sample in a sealed state such that captured particles cannot flow out of the particle capturing membrane sample,
that the at least one of quantitative analysis and qualitative analysis is performed at an arbitrary timing, and
maintaining the particle capturing membrane sample in the sealed state until the performing.
However, an alternate embodiment of Endou teaches that filtration is performed using the filter until a given water volume is stored in a filtrate measuring tank, and that the filtration velocity can be increased as desired to decrease the filtration time ([0041]). Therefore, Endou suggests that the timing of the at least one of quantitative analysis and qualitative analysis can be adjusted by a user based on the filtration velocity, i.e. arbitrarily. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the primary embodiment of Endou with the teachings of an alternate embodiment of Endou so that the at least one of quantitative analysis and qualitative analysis is performed at an arbitrary timing, in order to expedite the analysis as desired by a user.
Further, even if Endou is not considered to teach that the at least one of quantitative analysis and qualitative analysis is performed at an arbitrary timing, Tanji, in the analogous field of diagnostic methods and devices of ultrafiltration membranes in ultrapure water apparatuses (Tanji Abstract), teaches performing at least one of quantitative analysis and qualitative analysis regularly or when trouble occurs, such that the range of timing of performing analysis is equivalent to the range of an arbitrary timing (Tanji; Pg. 1 Last Para.-Pg. 2 First Para., Pg. 3 Last Para.-Pg. 4 First Para.). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of Endou with the teachings of Tanji so that the at least one of quantitative analysis and qualitative analysis is performed at an arbitrary timing, such that a user can analyze the particles in the membrane when desired, such as in the event of potential failure of the membrane (Tanji; Pg. 1 Last Para.-Pg. 2 First Para., Pg. 3 Last Para.-Pg. 4 First Para.).
Modified Endou fails to explicitly disclose:
sealing, after completion of the predetermined period, the particle capturing membrane sample in a sealed state such that captured particles cannot flow out of the particle capturing membrane sample, and
maintaining the particle capturing membrane sample in the sealed state until the performing.
Smart is in the analogous field of apparatuses for particle collection and analysis (Smart Col. 1 Ln. 58-Col. 2 Ln. 7). Smart teaches sealing, after completion of a predetermined period, a particle capturing membrane sample in a sealed state such that captured particles cannot flow out of the particle capturing membrane sample, and maintaining the particle capturing membrane sample in the sealed state until performing of an analysis (Smart; Col. 4 Lns. 11-32, see also Claims 5, 7, 14, 16, which describe a filter archiver for post collection analysis of a filter, where the filter is laminated with a protective cover prior to post collection analysis. Laminating the filter with a protective cover will intrinsically prevent captured particles from flowing out of the filter). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of modified Endou to comprise sealing, after completion of the predetermined period, the particle capturing membrane sample in a sealed state such that captured particles cannot flow out of the particle capturing membrane sample, and maintaining the particle capturing membrane sample in the sealed state until the performing, in order to prevent cross-contamination of filter portions prior to post collection analysis (Smart; Col. 4 Lns. 11-32, see also Claims 5, 7, 14, 16).
Regarding claim 7, modified Endou discloses the water quality control method according to claim 1. Endou further discloses that an integrating flow meter is provided on a downstream side from the filtration device in the flow direction of the water to be analyzed (Endou; [0041], [0061]-[0064], [0078], see Figs. 1-2, 5).
Regarding claim 8, modified Endou discloses the water quality control method according to claim 1. Endou further discloses that the flow pipe is a pipe that branches from an ultrapure water producing apparatus to supply ultrapure water to a point of use or a pipe that branches from the pipe (Endou; [0061]-[0064], see Fig. 5).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Endou in view of Tanji and Smart as applied to claims 1 and 7-8 above, and further in view of Tanaka (US Pub. No. 2016/0047730; already of record).
Regarding claim 3, modified Endou discloses the water quality control method according to claim 1.
Modified Endou fails to explicitly disclose that the particle capturing membrane sample is continuously obtained over a plurality of periods by collecting the particle capturing membrane sample, attaching a new particle capturing membrane to the filtration device, and repeating flow of the water to be analyzed through the filtration device.
Tanaka is in the analogous field of particulate measuring methods for sample water (Tanaka [0001]). Tanaka teaches that a particle capturing membrane sample is continuously obtained over a plurality of periods by collecting the particle capturing membrane sample, attaching a new particle capturing membrane to the filtration device, and repeating flow of the water to be analyzed through the filtration device (Tanaka; [0060]-[0078], particularly at [0070], see Fig. 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of modified Endou with the teachings of Tanaka so that the particle capturing membrane sample is continuously obtained over a plurality of periods by collecting the particle capturing membrane sample, attaching a new particle capturing membrane to the filtration device, and repeating flow of the water to be analyzed through the filtration device. The motivation would have been to be able to perform measurement on the water to be analyzed continuously, as well as to factor in deterioration of the membrane over time by periodically replacing the membrane.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Endou in view of Tanji, Smart, and Tanaka as applied to claim 3 above, and further in view of Greenbaum et al. (US Pub. No. 2008/0032326; hereinafter Greenbaum; already of record).
Regarding claim 4, modified Endou discloses the water quality control method according to claim 3.
Modified Endou fails to explicitly disclose that for each particle capturing membrane sample, a water flowing period for the particle capturing membrane sample is recorded.
Greenbaum is in the analogous field of contaminant detection in water samples (Greenbaum; [0003], [0032]). Greenbaum teaches recording a time period for each of a plurality of water samples (Greenbaum [0032]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of modified Endou with the teachings of Greenbaum so that for each particle capturing membrane sample, a water flowing period for the particle capturing membrane sample is recorded, so that in the event of a contamination issue during a particular time period, the particular membrane sample in question associated with that time period can be subjected to further testing (Greenbaum [0032]).
Regarding claim 5, modified Endou discloses the water quality control method according to claim 4, further comprising:
when analysis is required after the water to be analyzed has been used in a manufacturing process of a product, performing at least one of quantitative analysis and qualitative analysis of the particle capturing membrane sample of a water flow period that corresponds to the time when the product used the water to be analyzed.
Tanji further teaches using water in a manufacturing process of a product (Tanji Pg. 2 3rd Para.). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of modified Endou with the further teachings of Tanji so that the water is used in a manufacturing process of a product, as ultrapure water is used to manufacture semiconductor devices (Tanji Pg. 2 3rd Para.).
Modified Endou fails to explicitly disclose that when analysis is required after the water to be analyzed has been used in a manufacturing process of a product, performing at least one of quantitative analysis and qualitative analysis of the particle capturing membrane sample of a water flow period that corresponds to the time when the product used the water to be analyzed.
Greenbaum further teaches that when analysis is required for water at a specific time, performing at least one of quantitative and qualitative analysis of a water sample of a water flow period that corresponds to the water at the specific time (Greenbaum [0032]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of modified Endou with the further teachings of Greenbaum so that when analysis is required after the water to be analyzed has been used in a manufacturing process of a product, performing at least one of quantitative analysis and qualitative analysis of the particle capturing membrane sample of a water flow period that corresponds to the time when the product used the water to be analyzed, so that in the event of a contamination issue during a particular time period, the particular membrane sample in question associated with that time period can be subjected to further testing (Greenbaum [0032]).
Regarding claim 6, modified Endou discloses the water quality control method according to claim 5, and all limitations recited therein.
Modified Endou fails to explicitly disclose:
recording capturing membrane identification information uniquely conferred to the particle capturing membrane in association with the water flow period, and
when the analysis is required, performing at least one of quantitative analysis and qualitative analysis of the particle capturing membrane sample that was recorded in association with the water flow period that corresponds to a time when the product used the water to be analyzed.
Greenbaum further teaches recording identification information uniquely conferred to a sample in association with a water flow period, and when analysis is required, performing at least one of quantitative analysis and qualitative analysis of the sample that was recorded in association with the water flow period that corresponds to a time period of interest (Greenbaum [0032]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of modified Endou with the further teachings of Greenbaum so that the method comprises recording capturing membrane identification information uniquely conferred to the particle capturing membrane in association with the water flow period, and when the analysis is required, performing at least one of quantitative analysis and qualitative analysis of the particle capturing membrane sample that was recorded in association with the water flow period that corresponds to a time when the product used the water to be analyzed, so that in the event of a contamination issue during a particular time period, the particular membrane sample in question associated with that time period can be subjected to further testing (Greenbaum [0032]).
Response to Arguments
Applicant's arguments filed April 6, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments filed on 4/6/2026 have been considered but are moot because applicant’s arguments are towards the amended claims and not the current grounds of rejection. In this case, although the Examiner agrees with Applicant’s arguments on Pgs. 6-8 of their Remarks that neither Endou nor any of the previously cited prior art of record teaches a methodology by which after completion of the predetermined period, the particle capturing membrane sample is brought into a sealed state, and the particle capturing membrane sample is left sealed until analysis of the particle capturing membrane sample is performed, this limitation has been rejected in the instant Office Action using the newly discovered prior art reference Smart. For a more detailed explanation, please see the rejection of Claim 1 in the Claim Rejections-35 USC 103 section of this instant Office Action.
Conclusion
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/JOHN MCGUIRK/Examiner, Art Unit 1798
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