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 .
Detailed Action
This is the Non-Final Action for application 18/006011 election response filed 12/08/2025.
Election/Restrictions
Applicant’s election without traverse of Group 1 Claims 1-45 in the reply filed on 12/08/2025 is acknowledged.
Claims 46-58 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/08/2025.
Claim Objections
Claims 24 is objected to because of the following informalities:
In Claim 24, there appears to be a word missing between, “is provided,” and “a solution.” 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.
Claims 1-45 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.
With respect to Claim 1, in lines 6 & 7, it is unclear if the “light, air and moisture proof packaging,” is part of the claimed portable detection kit or not, since it is claimed as “are be provided in.” It seems there is a word missing in the claim, but it is also noted that if what was intended is “to be provided,” then the claim would not be read as requiring or at least it would be unclear if the claimed packaging is required. For the sake of compact prosecution, this limitation is interpreted as requiring the air and moisture proof packaging.
To fix, in Claim 1, line 6, “be,” should either be struck out or have a “to,” inserted in front of it. Appropriate correction is required.
With respect to Claims 2-3, 5, 20, 28 & 36, “the,” GSR fails to have proper antecedent basis as GSR was not mentioned priorly to this in the claim set.
Claims 4,6-19, 21-27, 29-35, & 37-45 are rejected by virtue of being dependent on the unclear claims above.
Claim Rejections - 35 USC §103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6, 8, 10, 12-17 & 19-45 are rejected under 35 U.S.C. 103 as being obvious over LOANE in US 20090029480 in view of CALLAHAN in US 9759733.
With respect to Claim 1, LOANE teaches of a testing for the presence of an analyte, the device comprising at least one reagent adapted to provide a calorimetric indication in the presence of the analyte, a catalyst to catalyse the reaction providing the calorimetric indication, and where there is provided one reagent, means for substantially inhibiting reaction between reagent and catalyst or where there is provided more than one reagent, means for substantially inhibiting reaction between said reagents and between said reagents and catalyst, prior to introduction of the analyte, wherein the at least one reagent and the catalyst are solids (abstract).
The device contains a swab (see Figure 3, on right and paragraph 0036), and the swab is provided with a solvent, and also with a colorimetric reagent (paragraph 0036 & 0047).
LOANE teaches the device and reagents are contained in a kit and can be used for testing explosives and then contained in a vacuum and heat sealed packaging (paragraph 0151, 0155, 0168). Specifically, if filter paper is used, is sealing in light and moisture proof vacuum sealed container (paragraph 0161, 0166).
The reagent can be any of analine sulphate, barium chloride, brucine, cupric-tetrapyridine, diphenylamine, griess reagent J-Acid, K-Acid, I-Acid, Nitron, mercuric chloride, methylene blue, silver nitrate, dithiocarbamate, thymol blue, anthranilic acid, alphanaphthylamine, sulphanilic acid, sulphanilamide, p-aminobenzoic acid, N-(1-naphthyl)ethylenediamine dihydrochloride, sodium arsenite, picric acid, p-anisidine, o-anisidine, diphenylhydrazine, dimethylaminobenzaldehyde, diethylaminobenzaldehyde, dimethylamino cinnamaldehyde and sodium salicylate (paragraph 0047),
potassium hydroxide, calcium hydroxide, tetra-alkyl ammonium hydroxide, sodium hydroxide and diphenylamine (paragraph 0048),
N,N'-diphenylbenzidine, phenylanthranilic acid, methylene blue, potassium iodide, aniline hydrochloride, aniline sulphate, aniline acetate, aniline nitrate, brucine sulphate, J-Acid, K-Acid, ammoniumthiocyanate, zinc chloride, thiodene, fluorescein, potassium iodide, potassium bromide, safranin, thallous hydroxide, manganous sulphate, diphenylamine, o-toluidine, ferrous thiocyanate N,N-diethyl-1,4-phenylene diamine sulfate, ferroin (aqueous solution of ferrous sulfate heptahydrate and 1,10-phenanthroline monohydrate), diphenylamine-4-sulfonic acid barium salt and cresyl violet acetate (9-amino-5-imino-5H-benzo(a) phenoxazine (paragraph 0049), or many other reagents (paragraph 0050-0052).
LOANE does not teach of the claimed hermetic sealing to prevent light, air, and moisture from penetrating the packaging.
CALLAHAN is used to remedy this and teaches a portable detection kit for identifying the presence of residue (abstract), wherein the kit comprises: a colorimetric reagent (Claim 1, dry chemical powder reagent; Claim 3, the chemical reagent comprises a dry micronized powder comprising an organic or inorganic salt of polyvalent ions or an organic dye salt, which undergo characteristic color change), a solvent (Claim 1, swab device pre-wetted with a solvent), and a swab (Claim 1, swab device), wherein the colorimetric reagent and solvent and a swab are provided in hermetically sealed light, air and moisture proof packaging (Claim 1, also see abstract).
With respect to identifying the presence of gunshot residue (GR) and explosive residue (ER), a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art is capable of performing the intended use, it meets the claim. In this case, Callahan's portable detection kit is capable of/ may be used for identifying the presence of gunshot residue (GR) and explosive residue (ER).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to hermetically seal the kit/package as is done by CALLAHAN in the kit/device of LOANE, due to the advantage this offers in light, air, and moisture proofing the package prior to use (CALLAHAN, Claim 34).
With respect to Claim 2, LOANE teaches of the gunshot residue or explosive residue comprising discharge/residues from the weapons or explosives (paragraph 0002-0003, 0006).
With respect to Claim 3, LOANE teaches of detecting of the gunshot residue or explosive residue comprising discharge/residues from the weapons or explosives wherein the residue can be a solid powder or fluid (paragraph 0002-0003, 0006).
With respect to Claim 4, LOANE teaches of providing visibly discernable colorimetric indication of the presence of the analyte (paragraphs 0023, 0026, 0191).
With respect to Claim 6, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 8, LOANE teaches that the colorimetric reagent can be any of analine sulphate, barium chloride, brucine, cupric-tetrapyridine, diphenylamine, griess reagent J-Acid, K-Acid, I-Acid, Nitron, mercuric chloride, methylene blue, silver nitrate, dithiocarbamate, thymol blue, anthranilic acid, alphanaphthylamine, sulphanilic acid, sulphanilamide, p-aminobenzoic acid, N-(1-naphthyl)ethylenediamine dihydrochloride, sodium arsenite, picric acid, p-anisidine, o-anisidine, diphenylhydrazine, dimethylaminobenzaldehyde, diethylaminobenzaldehyde, dimethylamino cinnamaldehyde and sodium salicylate (paragraph 0047),
potassium hydroxide, calcium hydroxide, tetra-alkyl ammonium hydroxide, sodium hydroxide and diphenylamine (paragraph 0048),
N,N'-diphenylbenzidine, phenylanthranilic acid, methylene blue, potassium iodide, aniline hydrochloride, aniline sulphate, aniline acetate, aniline nitrate, brucine sulphate, J-Acid, K-Acid, ammoniumthiocyanate, zinc chloride, thiodene, fluorescein, potassium iodide, potassium bromide, safranin, thallous hydroxide, manganous sulphate, diphenylamine, o-toluidine, ferrous thiocyanate N,N-diethyl-1,4-phenylene diamine sulfate, ferroin (aqueous solution of ferrous sulfate heptahydrate and 1,10-phenanthroline monohydrate), diphenylamine-4-sulfonic acid barium salt and cresyl violet acetate (9-amino-5-imino-5H-benzo(a) phenoxazine (paragraph 0049), or many other reagents including alizarin red (paragraph 0051, & 0050, 0052).
With respect to Claim 10, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 12, LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036) and that the bibulous carrier support can be filter paper (chromatography filter paper) (paragraph 0028, 0154-0156).
With respect to Claim 13, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the explosive residue detected can be a nitroaromatic compound (paragraph 0006, 0045, 0048, 0162).
With respect to Claim 14, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 15, LOANE teaches of the above including that the solvent can be alcohols, acetone and dimethylsulfoxide (DMSO) or water (aqueous or non-aqueous) (paragraph 0012, 0036) or a combination thereof. LOANE does not teach of the use of isopropyl alcohol. CALLAHAN is used to remedy this and teaches of combining solvents and specifically of combining DMSO and of using isopropyl alcohol (Column 8, line 37-45) and further teaches of using DMSO/IPA in 75:25 weight percent ratios (Column 12, lines 53-67 -Column 13, lines 1-29). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to combine and use isopropyl alcohol as a solvent since solvent mixes and particularly the one in CALLAHAN using isopropyl alcohol offers the advantage of broad spectrum solubility (Column 8, lines 37-45). See Claim 1 for the hermetic sealing.
With respect to Claim 16, LOANE teaches that the colorimetric reagent can be any of analine sulphate, barium chloride, brucine, cupric-tetrapyridine, diphenylamine, griess reagent J-Acid, K-Acid, I-Acid, Nitron, mercuric chloride, methylene blue, silver nitrate, dithiocarbamate, thymol blue, anthranilic acid, alphanaphthylamine, sulphanilic acid, sulphanilamide, p-aminobenzoic acid, N-(1-naphthyl)ethylenediamine dihydrochloride, sodium arsenite, picric acid, p-anisidine, o-anisidine, diphenylhydrazine, dimethylaminobenzaldehyde, diethylaminobenzaldehyde, dimethylamino cinnamaldehyde and sodium salicylate (paragraph 0047),
potassium hydroxide, calcium hydroxide, tetra-alkyl ammonium hydroxide, sodium hydroxide (hydroxide salts) and diphenylamine (paragraph 0048),
N,N'-diphenylbenzidine, phenylanthranilic acid, methylene blue, potassium iodide, aniline hydrochloride, aniline sulphate, aniline acetate, aniline nitrate, brucine sulphate, J-Acid, K-Acid, ammoniumthiocyanate, zinc chloride, thiodene, fluorescein, potassium iodide, potassium bromide, safranin, thallous hydroxide, manganous sulphate, diphenylamine, o-toluidine, ferrous thiocyanate N,N-diethyl-1,4-phenylene diamine sulfate, ferroin (aqueous solution of ferrous sulfate heptahydrate and 1,10-phenanthroline monohydrate), diphenylamine-4-sulfonic acid barium salt and cresyl violet acetate (9-amino-5-imino-5H-benzo(a) phenoxazine (paragraph 0049), or many other reagents including alizarin red (paragraph 0051, & 0050, 0052).
With respect to Claim 17, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 19, LOANE teaches of the claims as shown above for Claim 17, but does not teach of using 300 gsm card or synthetic paper. CALLAHAN is used to remedy this and teaches the portable detection kit of claim 17, wherein the solid support substrate is 300gsm card or synthetic paper (CALLAHAN, column 8, line. 3-4, the solid support substrate 1, 5 is paper, such as 100 - 400 gsm white, acid free, card sheet). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use gsm paper as is done in CALLAHAN in the kit or device of LOANE due to the advantage this paper also offers in being acid free (CALLAHAN, column 8, line 3-4).
With respect to Claim 20, LOANE further teaches that the explosive residue detected can be a nitroaromatic compound (paragraph 0006, 0045, 0048, 0162) which can include ethylene glycoldinitrate (a nitrate) (paragraph 0006). See Claim 10 rejection for the prewetting.
With respect to Claim 21, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 22, LOANE teaches of the above including that the solvent can be alcohols, acetone and dimethylsulfoxide (DMSO) or water (aqueous or non-aqueous) (paragraph 0012, 0036) or a combination thereof. LOANE does not teach of the use of isopropyl alcohol. CALLAHAN is used to remedy this and teaches of combining solvents and specifically of combining DMSO and of using isopropyl alcohol (Column 8, line 37-45) and further teaches of using DMSO/IPA in 75:25 weight percent ratios (Column 12, lines 53-67 -Column 13, lines 1-29). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to combine and use isopropyl alcohol as a solvent since solvent mixes and particularly the one in CALLAHAN using isopropyl alcohol offers the advantage of broad spectrum solubility (Column 8, lines 37-45). See Claim 1 for the hermetic sealing.
With respect to Claim 23, LOANE teaches that the colorimetric reagent can be sulfanlic acid (paragraph 0052).
With respect to Claim 24, LOANE teaches of the claims as shown above and further teaches that N-(1-naphthyl)ethylenediamine (N,N'-naphthyl ethylene diamine )dihydrochloride (paragraph 0047), sulfanilic acid (paragraph 0052), citric acid (paragraph 0053), and sulfanilamide (paragraphs 0158-0162) can be used as parts of the reagents. LOANE teaches of using the compounds in about 1:1 ratio (as instantly claimed). It would have been obvious to one of ordinary skill in the art to optimize these ranges through routine experimentation dependent on the exact compound being detected. See MPEP, 2144.05 Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
With respect to Claim 25, LOANE teaches of the above including that the solvent can be alcohols, acetone and dimethylsulfoxide (DMSO) or water (aqueous or non-aqueous) (paragraph 0012, 0036) or a combination thereof. LOANE does not teach of the use of isopropyl alcohol. CALLAHAN is used to remedy this and teaches of combining solvents and of using isopropyl alcohol (Column 8, line 37-45). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to combine and use isopropyl alcohol as a solvent since solvent mixes and particularly the one in CALLAHAN using isopropyl alcohol offers the advantage of broad spectrum solubility (Column 8, lines 37-45).
With respect to Claim 26, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 27, LOANE teaches of the claims as shown above for Claim 17, but does not teach of using 300 gsm card or synthetic paper or of packaging into a sachet. CALLAHAN is used to remedy this and teaches the portable detection kit of claim 17, wherein the solid support substrate is 300gsm card or synthetic paper (CALLAHAN, column 8, line. 3-4, the solid support substrate 1, 5 is paper, such as 100 - 400 gsm white, acid free, card sheet). CALLAHAN further teaches of packaging into a sachet (Column 11, lines 29-41). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use gsm paper and package in sachets as is done in CALLAHAN in the kit or device of LOANE due to the advantage this paper also offers in being acid free (CALLAHAN, column 8, line 3-4) and due to the advantage packaging in sachets has for sealing until use (Column 11, lines 29-57).
With respect to Claim 28, LOANE teaches of the residue from the explosive (the analyte) being nitrate or chlorates (which are oxidizers) (paragraph 0006, 0045, 0047, 0049, 0052, 0151).
With respect to Claim 29, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 30, LOANE teaches that the solvents can be alcohols, acetone and dimethylsulfoxide (DMSO) or water (aqueous or non-aqeous)(paragraph 0012, 0036).
With respect to Claim 31, LOANE teaches of the colorimetric reagent being methylene blue (paragraph 0047).
With respect to Claim 32, LOANE teaches of the colorimetric reagent being methylene blue (paragraph 0047).
With respect to Claim 33, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 34, LOANE teaches of the reagent being methylene blue (paragraph 0047, 0049, Claim 31 & 33). LOANE also teaches that the solvent can be ethanol in 5 or 10 ml (paragraph 0172, 0174, 0165) and of using ethanols(paragraph 0015, 0165). LOANE further teaches of adjusting the concentration of ethanol (paragraph 0200), which makes the instantly claimed concentration obvious.
With respect to Claim 35, LOANE teaches of the claims as shown above for Claim 17, but does not teach of using 300 gsm card or synthetic paper or of packaging into a sachet. CALLAHAN is used to remedy this and teaches the portable detection kit of claim 17, wherein the solid support substrate is 300gsm card or synthetic paper (CALLAHAN, column 8, line. 3-4, the solid support substrate 1, 5 is paper, such as 100 - 400 gsm white, acid free, card sheet). CALLAHAN further teaches of packaging into a sachet (Column 11, lines 29-41). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use gsm paper and package in sachets as is done in CALLAHAN in the kit or device of LOANE due to the advantage this paper also offers in being acid free (CALLAHAN, column 8, line 3-4) and due to the advantage packaging in sachets has for sealing until use (Column 11, lines 29-57).
With respect to Claim 36, LOANE teaches that the solvent dissolves the reagent (paragraph 0105).
With respect to Claim 37, LOANE teaches that the solvents can be alcohols, acetone and dimethylsulfoxide (DMSO) or water (aqueous or non-aqeous)(paragraph 0012, 0036).
With respect to Claim 38, LOANE teaches that the solvents can be alcohols, acetone and dimethylsulfoxide (DMSO) or water (paragraph 0012, 0036).
With respect to Claim 39, See Claim 1 rejection. Further, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 40, LOANE teaches of mixing multiple reagent powders together (paragraph 0163).
With respect to Claim 41, LOANE teaches of the reagent being a powder as shown above. LOANE does not teach of the size of the reagent powder.
CALLAHAN is used to remedy this and teaches of the powder being milled to 1-30 micro size (column 8, lines 51-60 & Column 10, lines 59-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use powders of this size as is done in CALLAHAN in the device/kit of LOANE due to the advantage this size offers in that they are homogenized and flowable so they have the capability of undergoing laydown print applications (Column 10, lines 59-67).
With respect to Claim 42, LOANE teaches of using dimethyl amino cinnamaldehyde (0.01 g), sodium bisulphate (3.0 g), stearic acid (0.5 g), and methylcellulose (5 g), were milled to a fine dry homogeneous powder (in the claimed amount of grams for the reagent). LOANE does not teach of sealing the reagent into a sachet.
CALLAHAN is used to remedy this and teaches the portable detection kit of claim 17, wherein packaging is into a sachet (Column 11, lines 29-41). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to package into a sachet due to the advantage packaging in sachets has for sealing until use (Column 11, lines 29-57).
With respect to Claim 43, See Claim 1 rejection. Further, LOANE teaches that the device of the present invention preferably comprises a simple cotton swab (pre-packaged dry or pre-wetted with water, alcohol or other organic solvent) used to collect suspicious residue (solid or liquid) and rubbed onto surface of said device, facilitating a calorimetric indication (paragraph 0137). LOANE further teaches that the impregnated into bibulous carriers (paragraph 0013, 0031-0032, 0036). LOANE does not teach of pre-wetting with the colorimetric reagent. CALLAHAN is used to remedy this and teaches of using a dry chemical powder reagent within a liquid polymer that is coated onto the swab/support (this can be considered pre-wetted through broadest reasonable interpretation) (Claim 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to pre-wet with the reagent solution due to the advantage this gives when the reaction with analyte takes place in that a visual colorimetric indication is shown (CALLAHAN, Claim 1).
With respect to Claim 44, see Claim 43 rejection. With respect to Claim 35, LOANE teaches of the claims as shown above but does not teach of packaging into a sachet. CALLAHAN is used to remedy this and teaches the portable detection kit of claim 17, wherein packaging is into a sachet (Column 11, lines 29-41). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to package into a sachet due to the advantage packaging in sachets has for sealing until use (Column 11, lines 29-57).
With respect to Claim 45, see claim 44 rejection. CALLAHAN further teaches that sachet may be constructed from commercially available Paper/PET12 um/AL7 um/PE50 product. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to package in this kind of material as is done in CALLAHAN in the kit/device of LOANE due to the advantage it offers in being an extremely cheap, mass-produced material (Column 11, lines 29-57).
Claims 7 & 18 are rejected under 35 U.S.C. 103 as being obvious over LOANE in US 20090029480 in view of CALLAHAN in US 9759733 in view of GOLD in US 20140227796.
With respect to Claim 7, LOANE teaches of a testing for the presence of an analyte, the device comprising at least one reagent adapted to provide a calorimetric indication in the presence of the analyte, a catalyst to catalyze the reaction providing the calorimetric indication, and where there is provided one reagent, means for substantially inhibiting reaction between reagent and catalyst or where there is provided more than one reagent, means for substantially inhibiting reaction between said reagents and between said reagents and catalyst, prior to introduction of the analyte, wherein the at least one reagent and the catalyst are solids (abstract).
The device contains a swab (see Figure 3, on right and paragraph 0036), and the swab is provided with a solvent, and also with a colorimetric reagent (paragraph 0036 & 0047).
LOANE teaches the device and reagents are contained in a kit and can be used for testing explosives and then contained in a vacuum and heat sealed packaging (paragraph 0151, 0155, 0168). Specifically, if filter paper is used, is sealing in light and moisture proof vacuum sealed container (paragraph 0161, 0166).
The reagent can be any of analine sulphate, barium chloride, brucine, cupric-tetrapyridine, diphenylamine, griess reagent J-Acid, K-Acid, I-Acid, Nitron, mercuric chloride, methylene blue, silver nitrate, dithiocarbamate, thymol blue, anthranilic acid, alphanaphthylamine, sulphanilic acid, sulphanilamide, p-aminobenzoic acid, N-(1-naphthyl)ethylenediamine dihydrochloride, sodium arsenite, picric acid, p-anisidine, o-anisidine, diphenylhydrazine, dimethylaminobenzaldehyde, diethylaminobenzaldehyde, dimethylamino cinnamaldehyde and sodium salicylate (paragraph 0047),
potassium hydroxide, calcium hydroxide, tetra-alkyl ammonium hydroxide, sodium hydroxide and diphenylamine (paragraph 0048),
N,N'-diphenylbenzidine, phenylanthranilic acid, methylene blue, potassium iodide, aniline hydrochloride, aniline sulphate, aniline acetate, aniline nitrate, brucine sulphate, J-Acid, K-Acid, ammoniumthiocyanate, zinc chloride, thiodene, fluorescein, potassium iodide, potassium bromide, safranin, thallous hydroxide, manganous sulphate, diphenylamine, o-toluidine, ferrous thiocyanate N,N-diethyl-1,4-phenylene diamine sulfate, ferroin (aqueous solution of ferrous sulfate heptahydrate and 1,10-phenanthroline monohydrate), diphenylamine-4-sulfonic acid barium salt and cresyl violet acetate (9-amino-5-imino-5H-benzo(a) phenoxazine (paragraph 0049), or many other reagents (paragraph 0050-0052).
LOANE does not teach of the claimed hermetic sealing to prevent light, air, and moisture from penetrating the packaging.
CALLAHAN is used to remedy this and teaches a portable detection kit for identifying the presence of residue (abstract), wherein the kit comprises: a colorimetric reagent (Claim 1, dry chemical powder reagent; Claim 3, the chemical reagent comprises a dry micronized powder comprising an organic or inorganic salt of polyvalent ions or an organic dye salt, which undergo characteristic color change), a solvent (Claim 1, swab device pre-wetted with a solvent), and a swab (Claim 1, swab device), wherein the colorimetric reagent and solvent and a swab are provided in hermetically sealed light, air and moisture proof packaging (Claim 1, a light, air, and moisture proof package into which the reagent coated solid support article and the swab device are individual hermetically sealed) (also see abstract).
CALLAHAN teaches of using the reagent in .01-.05 ml , which overlaps the claimed range and therefor teaches of the claim, and of the inclusion of the reagents in water and swabs in sachets which are hermetically sealed (Column 12, line 53-67 & Column 13, lines 1-39).
With respect to identifying the presence of gunshot residue (GR) and explosive residue (ER), a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art is capable of performing the intended use, it meets the claim. In this case, Callahan's portable detection kit is capable of/ may be used for identifying the presence of gunshot residue (GR) and explosive residue (ER).
It would have been obvious to one of ordinary skill in the art to hermetically seal the kit/package as is done by CALLAHAN in the kit/device of LOANE, due to the advantage this offers in light, air, and moisture proofing the package prior to use (CALLAHAN, Claim 34).
LOANE and CALLAHAN do not teach of the use of sodium tetraborate.
GOLD is used to remedy this and further teaches of a self-contained device for collecting, extracting, on-site testing, and transferring for forensic confirmatory analysis, a wide variety of substances including, but not limited to, drugs of abuse, explosives, and weapons. Samples are obtained by surface swabbing a suspect area or the testing of solid materials (pills, capsules, powders), and the samples are placed in the device. The device includes a swab, a retention well including a wash, and analysis technologies that can be, for example, a lateral flow testing system. The kit/device is designed to not only collect and test samples but to seal the original target analyte but also is designed to contain and cap it for shipping under chain of custody documentation to a forensic laboratory for confirmatory testing (abstract).
More specifically with respect to the instant claims, GOLD teaches that a kit is used (paragraph 0008, 0115), which contains a housing which includes a swab and analysis materials based on, but not limited to, lateral flow analysis technology and optionally means for sealing of the device and it’s contents (paragraph 0115).
Further GOLD teaches that the analysis materials include sodium tetraborate (paragraph 0058) (which as shown in instant Claim 16 is a colorimetric reagent), and .1M triton (in water) (which can be considered a solvent) (paragraph 0058).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to use sodium tetraborate as is done in GOLD in the kit/devices of LOANE and CALLAHAN due to the advantage treating the swab with this adds as being a supportive material to help penetrate membranes (GOLD, paragraph 0058).
With respect to Claim 18, LOANE teaches of the device/kit including sodium silicate (paragraph 0039). CALLAHAN teaches of using the reagent in .01-.05 ml , which overlaps the claimed range and therefor teaches of the claim, and of the inclusion of the reagents in water and swabs in sachets which are hermetically sealed (Column 12, line 53-67 & Column 13, lines 1-39). LOANE and CALLAHAN do not teach of the use of sodium tetraborate. More specifically with respect to the instant claims, GOLD teaches that a kit is used (paragraph 0008, 0115), which contains a housing which includes a swab and analysis materials based on, but not limited to, lateral flow analysis technology and optionally means for sealing of the device and it’s contents (paragraph 0115). Further GOLD teaches that the analysis materials include sodium tetraborate (paragraph 0058) (which as shown in instant Claim 16 is a colorimetric reagent), and .1M triton (in water or buffer compound which sodium silicate can be considered and giving the claimed concentration of 1g/100ml) (which can be considered a solvent) (paragraph 0058). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to use sodium tetraborate as is done in GOLD in the kit/devices of LOANE and CALLAHAN due to the advantage treating the swab with this adds as being a supportive material to help penetrate membranes (GOLD, paragraph 0058).
Claims 5, 9 & 11 are rejected under 35 U.S.C. 103 as being obvious over LOANE in US 20090029480 in view of CALLAHAN in US 9759733 in view of REILLY in US 20180141039.
With respect to Claim 5, LOANE teaches of a testing for the presence of an analyte, the device comprising at least one reagent adapted to provide a calorimetric indication in the presence of the analyte, a catalyst to catalyze the reaction providing the calorimetric indication, and where there is provided one reagent, means for substantially inhibiting reaction between reagent and catalyst or where there is provided more than one reagent, means for substantially inhibiting reaction between said reagents and between said reagents and catalyst, prior to introduction of the analyte, wherein the at least one reagent and the catalyst are solids (abstract).
The device contains a swab (see Figure 3, on right and paragraph 0036), and the swab is provided with a solvent, and also with a colorimetric reagent (paragraph 0036 & 0047).
LOANE teaches the device and reagents are contained in a kit and can be used for testing explosives and then contained in a vacuum and heat sealed packaging (paragraph 0151, 0155, 0168). Specifically, if filter paper is used, is sealing in light and moisture proof vacuum sealed container (paragraph 0161, 0166).
The reagent can be one of many possibilities (paragraphs 0048-0052).
LOANE does not teach of the claimed hermetic sealing to prevent light, air, and moisture from penetrating the packaging.
CALLAHAN is used to remedy this and teaches a portable detection kit for identifying the presence of residue (abstract), wherein the kit comprises: a colorimetric reagent (Claim 1, dry chemical powder reagent; Claim 3, the chemical reagent comprises a dry micronized powder comprising an organic or inorganic salt of polyvalent ions or an organic dye salt, which undergo characteristic color change), a solvent (Claim 1, swab device pre-wetted with a solvent), and a swab (Claim 1, swab device), wherein the colorimetric reagent and solvent and a swab are provided in hermetically sealed light, air and moisture proof packaging (Claim 1, a light, air, and moisture proof package into which the reagent coated solid support article and the swab device are individual hermetically sealed) (also see abstract).
CALLAHAN teaches of using the reagent in .01-.05 ml, which overlaps the claimed range and therefor teaches of the claim, and of the inclusion of the reagents in water and swabs in sachets which are hermetically sealed (Column 12, line 53-67 & Column 13, lines 1-39).
It would have been obvious to one of ordinary skill in the art to hermetically seal the kit/package as is done by CALLAHAN in the kit/device of LOANE, due to the advantage this offers in light, air, and moisture proofing the package prior to use (CALLAHAN, Claim 34).
LOANE and CALLAHAN do not teach of the use of detection of metal particulates specifically.
REILLY is used to remedy this and teaches of an analyte detection system and method (abstract). REILLY further teaches of using 2-Carboxy-2′-hydroxy-5′-sulfoformazylbenzene monosodium salt (Zincon) as the reagent to detect zinc and copper (metal particulates) (paragraph 0063).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to detect metal particulates of zinc and copper using 2-Carboxy-2′-hydroxy-5′-sulfoformazylbenzene monosodium salt (Zincon) as the reagent as is done in REILLY in the devices/kits of LOANE and CALLAHAN due to the advantage this dye/indicator has shown for determination of zinc and copper (REILLY, paragraph 0063) and due to the need for detection of these contaminants as they often contaminate water and other contained sources (REILLY, paragraph 0004).
With respect to Claim 9, LOANE teaches of a testing for the presence of an analyte, the device comprising at least one reagent adapted to provide a calorimetric indication in the presence of the analyte, a catalyst to catalyze the reaction providing the calorimetric indication, and where there is provided one reagent, means for substantially inhibiting reaction between reagent and catalyst or where there is provided more than one reagent, means for substantially inhibiting reaction between said reagents and between said reagents and catalyst, prior to introduction of the analyte, wherein the at least one reagent and the catalyst are solids (abstract).
The device contains a swab (see Figure 3, on right and paragraph 0036), and the swab is provided with a solvent, and also with a colorimetric reagent (paragraph 0036 & 0047).
LOANE teaches the device and reagents are contained in a kit and can be used for testing explosives and then contained in a vacuum and heat sealed packaging (paragraph 0151, 0155, 0168). Specifically, if filter paper is used, is sealing in light and moisture proof vacuum sealed container (paragraph 0161, 0166).
The reagent can be any of a long list (paragraphs 0048-0052).
LOANE does not teach of the claimed hermetic sealing to prevent light, air, and moisture from penetrating the packaging.
CALLAHAN is used to remedy this and teaches a portable detection kit for identifying the presence of residue (abstract), wherein the kit comprises: a colorimetric reagent (Claim 1, dry chemical powder reagent; Claim 3, the chemical reagent comprises a dry micronized powder comprising an organic or inorganic salt of polyvalent ions or an organic dye salt, which undergo characteristic color change), a solvent (Claim 1, swab device pre-wetted with a solvent), and a swab (Claim 1, swab device), wherein the colorimetric reagent and solvent and a swab are provided in hermetically sealed light, air and moisture proof packaging (Claim 1, a light, air, and moisture proof package into which the reagent coated solid support article and the swab device are individual hermetically sealed) (also see abstract).
CALLAHAN teaches of using the reagent in .01-.05 ml , which overlaps the claimed range and therefor teaches of the claim, and of the inclusion of the reagents in water and swabs in sachets which are hermetically sealed (Column 12, line 53-67 & Column 13, lines 1-39).
It would have been obvious to one of ordinary skill in the art to hermetically seal the kit/package as is done by CALLAHAN in the kit/device of LOANE, due to the advantage this offers in light, air, and moisture proofing the package prior to use (CALLAHAN, Claim 34).
LOANE and CALLAHAN do not teach of the use of 2-Carboxy-2′-hydroxy-5′-sulfoformazylbenzene monosodium salt (Zincon) as the reagent.
REILLY is used to remedy this and teaches of an analyte detection system and method (abstract). REILLY further teaches of using 2-Carboxy-2′-hydroxy-5′-sulfoformazylbenzene monosodium salt (Zincon) as the reagent (paragraph 0063).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to use 2-Carboxy-2′-hydroxy-5′-sulfoformazylbenzene monosodium salt (Zincon) as the reagent as is done in REILLY in the devices/kits of LOANE and CALLAHAN due to the advantage this dye/indicator has shown for determination of zinc and copper (REILLY, paragraph 0063).
With respect to Claim 11, LOANE teaches of a testing for the presence of an analyte, the device comprising at least one reagent adapted to provide a calorimetric indication in the presence of the analyte, a catalyst to catalyse the reaction providing the calorimetric indication, and where there is provided one reagent, means for substantially inhibiting reaction between reagent and catalyst or where there is provided more than one reagent, means for substantially inhibiting reaction between said reagents and between said reagents and catalyst, prior to introduction of the analyte, wherein the at least one reagent and the catalyst are solids (abstract).
The device contains a swab (see Figure 3, on right and paragraph 0036), and the swab is provided with a solvent, and also with a colorimetric reagent (paragraph 0036 & 0047).
LOANE teaches the device and reagents are contained in a kit and can be used for testing explosives and then contained in a vacuum and heat sealed packaging (paragraph 0151, 0155, 0168). Specifically, if filter paper is used, is sealing in light and moisture proof vacuum sealed container (paragraph 0161, 0166).
The reagent can be any of a long list of possibilities (paragraph 0048-0052).
LOANE does not teach of the claimed hermetic sealing to prevent light, air, and moisture from penetrating the packaging.
CALLAHAN is used to remedy this and teaches a portable detection kit for identifying the presence of residue (abstract), wherein the kit comprises: a colorimetric reagent (Claim 1, dry chemical powder reagent; Claim 3, the chemical reagent comprises a dry micronized powder comprising an organic or inorganic salt of polyvalent ions or an organic dye salt, which undergo characteristic color change), a solvent (Claim 1, swab device pre-wetted with a solvent), and a swab (Claim 1, swab device), wherein the colorimetric reagent and solvent and a swab are provided in hermetically sealed light, air and moisture proof packaging (Claim 1, a light, air, and moisture proof package into which the reagent coated solid support article and the swab device are individual hermetically sealed) (also see abstract).
CALLAHAN teaches of using the reagent in .01-.05 ml , which overlaps the claimed range and therefor teaches of the claim, and of the inclusion of the reagents in water and swabs in sachets which are hermetically sealed (Column 12, line 53-67 & Column 13, lines 1-39).
It would have been obvious to one of ordinary skill in the art to hermetically seal the kit/package as is done by CALLAHAN in the kit/device of LOANE, due to the advantage this offers in light, air, and moisture proofing the package prior to use (CALLAHAN, Claim 34).
LOANE and CALLAHAN do not teach of the use of 2-Carboxy-2′-hydroxy-5′-sulfoformazylbenzene monosodium salt (Zincon) as the reagent.
REILLY is used to remedy this and teaches of an analyte detection system and method (abstract). REILLY further teaches of using 2-Carboxy-2′-hydroxy-5′-sulfoformazylbenzene monosodium salt (Zincon) as the reagent (paragraph 0063).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to use 2-Carboxy-2′-hydroxy-5′-sulfoformazylbenzene monosodium salt (Zincon) as the reagent as is done in REILLY in the devices/kits of LOANE and CALLAHAN due to the advantage this dye/indicator has shown for determination of zinc and copper (REILLY, paragraph 0063).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
GENOVESE in US 20140065030 teaches of a colorimetric detection kit comprising a unit containing chemical reagents and a sample collector for collecting a sample analyte from a surface and a separate unit for visualizing a possible reaction of the chemical reagent and sample, the unit holding the chemical reagents and sample collector being placeable on the visualization unit, whereby when the chemical reagents are released, they are directed onto the sample collector for reaction and the reacted reagents absorbed on a visualization media, such that the presence of a specified analyte in the sample results in a color change in the visualization media (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA M FRITCHMAN whose telephone number is (303)297-4344. The examiner can normally be reached 9:30-4:30 MT Monday-Friday.
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 on 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.
/REBECCA M FRITCHMAN/Primary Examiner, Art Unit 1758