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 .
Election/Restrictions
Applicant’s election without traverse of Claim in the reply filed on 2/6/2026 is acknowledged.
Claims 9-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/6/2026.
Claims 1-8 are pending examination in this response.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
on sale, or otherwise available to the public before the effective filing date of the claimed
invention.
Claims 1-4 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kuhn et. al. (US 5 620 561 A).
Regarding claim 1, Kuhn teaches “An evaporative concentration mechanism comprising” (Abstract, Col 4 lines 41-44, a method of evaporating liquid from a liquid and solid solution in a container. A vortex evaporator constructed according to a preferred embodiment of the present invention is shown in FIG. 1 and is designated generally by the numeral 10. ) : a container (Col. 4 line 44, one container 12) that accommodates a sample liquid (Col. 4 lines 46-48, The device 10 accomplishes rapid evaporation of liquid from a liquid and solid solution (not shown) within the containers.) ; a heating unit (Para 2, a heater 22) that heats the container (Col 3. lines 31-32, Vortex evaporator further comprises a heater for heating the liquid and solid solution in the container. ) ; a liquid level sensor (Col. 8 line 34, liquid level sensor 356) that detects a liquid level height of the sample liquid accommodated in the container (Col 3 lines 4-6, lines 38-40, Similarly, an object is to provide a liquid level sensor within the chamber to determine the level of liquid remaining in the container. The liquid level sensor is mounted within the chamber and senses the liquid level in the corresponding container. ) and a control unit (Col. 4 line 53 and Fig. 11, control system 28) that controls a temperature of the heating unit (Col. 4 lines 51-54,The vortex evaporator further comprises a control system 28 (shown in FIG. 11) for controlling operation of the heater 22, the gas supply system 24 and the drive mechanism 26.) , wherein the control unit controls the temperature of the heating unit based on a liquid level of the sample liquid detected by the liquid level sensor. (Col. 3 lines 6-9, Col. 13 lines 10-13, Col. 4 lines 48-50, Col. 10 lines 63-68, Col 11 lines 1-6, Additionally, an object is to connect the liquid level sensor to the control circuit for the evaporator to automatically turn off the vortex evaporator when the liquid level sensor senses a predetermined liquid level within the container. Thus, the liquid level sensors 356, as well as the heat sensor 354, allow the vortex evaporator to precisely control the evaporation of solution within the containers 12. The vortex evaporator 10 according to this embodiment generally comprises a chamber 14, a housing 16, a control panel 18, a lid 20, a heater 22. Buttons of the control panel 18 are interfaced to the control system 28. The 65 control system 28 responds to commands entered at the control panel 18, and automatically controls operation of the vortex evaporator. The control system may be interfaced to the heater 22, the gas supply system 24, the drive mechanism 26, the heat sensor 354, and the liquid level sensors 356 to control the operation of those devices.) Therefore, the level of the liquid will turn off the vortex evaporator which houses the heater and would control the temperature of the heating element by being turned off.
Regarding claim 2, Kuhn teaches all of claim 1 as above in addition to “wherein when it is detected that a liquid level of the sample liquid accommodated in the container is decreased to a predetermined height, the control unit controls an evaporation amount by stopping heating by the heating unit.” (already taught within claim 1 in particularly by the predetermined liquid level).
Regarding claim 3, Kuhn teaches all of claim 1 as above in addition to “wherein the control unit predicts the time required for the liquid level of the sample liquid to be decreased to a predetermined height from a liquid level change rate of the sample liquid accommodated in the container, and when the time elapses, the control unit controls an evaporation amount by stopping heating by the heating unit. (Col 9 lines 46-58, Col 10 lines 22-29, Col 13 lines 4-8, Button 454 is a dry switch, which causes the vortex evaporator 10 to continue operating (i.e., evaporating solution) for a designated time after the liquid level sensors 356 detect that the solution in the stem 332 of one of the containers 12 is below a predetermined level. When the dry switch is not activated, the liquid level sensors 356 "alert" the control system 28 to automatically turn off the vortex evaporator 10 upon detecting that the liquid level within a stem of one of the containers 12 has evaporated below a predetermined level. The dry switch 454 causes the vortex evaporator to evaporate the remaining liquid away from the solid in the solution so that only the solid remains. Button 466 is a heat switch which enables or disables the heater 22. Button 468 is a timer switch which enables or disables a preset timed automatic shutdown. If a time is entered, as will be described below, it will override the liquid level sensors and cause automatic shutdown after the preselected time elapses, irrespective of whether solution remains in the container 12. Thereafter, the vortex evaporator can be reactivated until another container 12 drops below the predetermined level, at which time the corresponding liquid level sensor will automatically cause the vortex evaporator to turn off again.)
Regarding claim 4, Kuhn teaches all of claim 1 as above in addition to, wherein the control unit controls the temperature of the heating unit so that an evaporation rate of the sample liquid accommodated in the container becomes a predetermined value. (Abstract, Col 1 lines 7-10, Col 3 lines 55-61, Col 12 lines 48-51, Col 14 lines 2-4, Col 8 lines 59-66, The gas is directed into the container from a point source above the liquid in the container to decrease the partial pressure on the solution thereby increasing the evaporation rate of the liquid from the solution. To further increase evaporation of the liquid, heat may be applied to the container. This invention relates to vortex evaporators, and more particularly, to improvements for increasing the evaporation rate and for precisely controlling the operation of vortex evaporators. Thus, the vortex evaporator of the present invention provides evaporation rates superior to prior art evaporators. Moreover, the location of the heater within the chamber of the evaporator in conjunction with the heat sensor and the liquid level sensor provides sophisticated control of the evaporation rate, as well as the operation of the vortex evaporator generally. However, the maximum evaporation rate is achieved by combining each of the factors. The display 472 allows the user to monitor the status of variables within the chamber, such as the temperature. The method of claim 1, further comprising applying heat to the container to increase the evaporation rate of the liquid from the solution. While only one liquid level sensor might be used, it is preferable to provide one liquid level sensor for each container to provide accurate control and sensing for each container. If only one sensor is used for a plurality of containers, it is possible that the solution level in all containers will not reach the same predetermined shutdown level at the same time.) Therefore, the predetermined level teaches to the predetermined value.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et. al. (US 5 620 561 A) as applied to claim 1 above and further in view of Schleifenbaum (CH 711376 A2).
Regarding claim 5, Kuhn teaches all of claim 1 as above but does not explicitly teach, “wherein the control unit controls the temperature of the heating unit depending on the properties of an analysis target component or a solvent contained in the sample liquid.”.
Schleifenbaum teaches a device that has a heater in addition to having variants that allow evaporated liquid condense on the walls of the device. Schleifenbaum also teaches “wherein the control unit controls the temperature of the heating unit depending on the properties of an analysis target component or a solvent contained in the sample liquid” within (Page 5, Preferably, the determined sample temperature values are used to control the temperature. For this purpose, the microwave radiation can be controlled as a function of the sample temperature values or values derived therefrom.). Therefore the values derived therefrom the sample temperature values is a property of an analyte target.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kuhn to incorporate the teachings of Schleifenbaum wherein the control unit controls the temperature of the heating unit depending on the properties of an analysis target component or a solvent contained in the sample liquid. Kuhn teaches a control unit that controls the temperature of the heater and Schleifenbaum teaches dependent on the properties of an analysis target. Doing so would allows the device to adjust based on the sample properties which protects the sample analyte target from overheating.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et. al. (US 5 620 561 A) as applied to claim 1 above and further in view of Zhao (CN 111289345 A).
Regarding claim 6, Kuhn teaches all of claim 1 as above but does not explicitly teach “further comprising an exhaust unit that exhausts an evaporated gas, wherein the control unit controls an exhaust amount of the exhaust unit based on a liquid level of the sample liquid detected by the liquid level sensor.”.
Zhao teaches devices and methods with heating and evaporating in addition to
“an exhaust unit that exhausts an evaporated gas, wherein the control unit controls an exhaust amount of the exhaust unit based on a liquid level of the sample liquid detected by the liquid level sensor.” (Page 3 and Claim 8, Furthermore, the exhaust mechanism comprises a gas exhausting holes on the inner wall of the reaction cylinder, the air exhaust hole connected with a dust filter through the pipeline. Wherein the central control unit is composed of a microprocessor, a touch display screen, a memory, from the respective liquid level probe, a temperature sensing probe, a gravity sensor; each signal of touch display screen operation and performs calculation processing by the microprocessor, and then for each electromagnetic valve, a heating plate, a vacuum pump, a condensing fan starting or closing action, the setting signal from the touch display screen of the processor after processing is stored in the memory.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kuhn to incorporate the teachings of Zhao wherein the it further comprises an exhaust unit that exhausts an evaporated gas, wherein the control unit controls an exhaust amount of the exhaust unit based on a liquid level of the sample liquid detected by the liquid level sensor.. Doing so allow for automatic control over the concentration of the samples.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et. al. (US 5 620 561 A) as applied to claim 1 above and further in view of Koizumi (US 20010003555 A1).
Regarding claim 7, Kuhn teaches all of claim 1 as above but does not explicitly teach “further comprising a cooling unit that cools the sample liquid, wherein the control unit controls a temperature of the cooling unit based on a liquid level of the sample liquid detected by the liquid level sensor.”
Koizumi teaches evaporating temperature in a batch system, heating vessels, and “comprising a cooling unit that cools the sample liquid, wherein the control unit controls a temperature of the cooling unit based on a liquid level of the sample liquid detected by the liquid level sensor.” (Paras [0008], [0018], and [0032], A system wherein switching to the distillation operation is made after finding the concentration state by estimating the concentration state based on an evaporating temperature in a batch system or by measuring the concentration of the concentrated sulfuric acid liquid which is taken out of the concentrating vessel through a branch pipe and is cooled. A condenser for cooling and condensing vaporized sulfuric acid led out of the heating vessel. In order to control the operation of the heating vessel for concentration, the heating vessel for concentration may be provided with a liquid level measuring device having a liquid level detector for sulfuric acid liquid, and may have the outlet for the concentrated sulfuric acid liquid provided with a temperature detector. As such a liquid level detector may be used a capacitance-operated liquid level detector. The heating vessel for concentration may have an outer surface formed with a liquid level gauge pipe, which is incorporated into an optical liquid level sensor using infrared rays as the liquid level sensor.) Therefore the controller controls the heating vessel based on the liquid level and the cooling unit is placed after the heating vessel so the cooling unit is also controlled based on the liquid level.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kuhn to incorporate the teachings of Koizumi wherein further comprising a cooling unit that cools the sample liquid, wherein the control unit controls a temperature of the cooling unit based on a liquid level of the sample liquid detected by the liquid level sensor. Doing so allows for a device that has precision in concentration control in addition to ensuring sample entirety.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et. al. (US 5 620 561 A) as applied to claim 1 above and further in view of Hankemerier et. al. (US 20150075300 A1).
Regarding claim 8, Kuhn teaches the evaporative concentration mechanism according to claim 1 but does not explicitly teach “an analyzer” having a evaporative concentration mechanism.
Hankemerier teaches a device for solvent evaporation in addition to the “an analyzer” (Abstract and Para [0117], The invention further relates to a method for selective solvent removal from an analyte mixture obtained in a chromatographic separation process. Components that have a higher vapour pressure than one or more of the solvents, will likely be removed at least in part during the evaporation step. These can however be advantageously retained in the effluent gas flow, for instance by installing a cold trap. Furthermore, the presence of such components can be monitored indirectly through a change in the required heating power, which can indicate the presence of such components. This is beneficial since it indicates reliably the presence of low boiling components that may require a different determination method.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kuhn to incorporate the teachings of Hankemerier wherein an analyzer has a evaporative concentration mechanism. Doing so reduces contamination and operating costs by combining the two.
Conclusion
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/V.E.H./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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