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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/28/2026 have been considered by the Examiner.
Status of the Claims
Claims 1, 18, and 22 have been amended. Claim 23 has been added. Claims 1-23 are currently examined herein.
Status of the Rejection
All claim objection and 35 § U.S.C 112b rejections from the previous office action are withdrawn in view of the amendments.
All 35 § U.S.C 103 from the previous office action are maintained.
New grounds of rejection under 35 § U.S.C 103 for claim 23 is necessitated by the amendments as outlined below.
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 1-5, 13, 18, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kojima (US 4,348,359 A, provided in IDS dated 04/09/2024) in view of Rottensteiner (US 2021/0053047 A1, provided in IDS dated 07/24/2023).
Regarding Claim 1, Kojima teaches a measuring system (measuring cell 1 in Fig. 1 [col. 2 lins. 53-58]), comprising:
a measuring cell (electrolytic cell 27 in Fig. 1 [col. 3 lins. 26-32]), the measuring cell including a container (as illustrated in Fig. 1, electrolytic cell 27 is contained in a container) configured to receive an electrolyte (electrolytic solution [col. 3, lins. 34-36]; illustrated in Fig. 1) and at least one electrode (detecting electrodes 25 [col. 3, lins. 30-36]), wherein the at least one electrode includes a first section disposed within the container and a second section, which extends from the container (as illustrated in Fig. 1, a first section of detecting electrodes 25 is disposed inside the container and a second section of detecting electrodes 25 extends out from the container);
a container lid (electrolytic cell includes a ground fitting lid [col. 3 lins. 26-36]);
the limitation “configured for potentiometric and/or amperometric measurements” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, Kojima teaches that that the coulometric titration control component is applied to amplify an electric signal corresponding to the pH detected by the detecting electrodes 25 (col. 4, lins. 20-29), and the electrolytic current is adjusted by deduction of the blank current to a deducted current (col. 4, lins. 30-37). Thus, the at least one electrode of Kojima is capable of performing amperometric measurements.
Kojima is silent on a housing; a first chamber disposed in the housing, wherein the measuring cell is disposed in the first chamber, wherein the second section of the at least one electrode extends “into the first chamber”, and a temperature regulating apparatus configured to produce a temperature-controlled gas stream moving through the first chamber and flowing around the measuring cell, including the container and the second section of the at least one electrode extending from a container into the first chamber.
Rottensteiner teaches a measuring arrangement for measuring total nitrogen bound in a liquid (abstract), and teaches a housing (attachment 31 in Figs. 4-6 [paras. 0080, 0083]); a first chamber (space 34 in Fig. 4 [para. 0083]) disposed in the housing (as illustrated in Fig. 4, space 34 is disposed in the attachment 31), the measuring cell “disposed in the first chamber” (vessel 2 is surrounded and disposed in attachment 31 [para. 0083], illustrated in Fig. 4); a temperature regulating apparatus (a heating element not shown in Figs 4-6, cooling elements 30 in Figs. 4-5, a fan 32, and a space 34 where in which the air circulates around attachment 31 via two openings in attachment 31 comprise a temperature regulating apparatus [paras. 0082-0083]). In addition, although Rottensteiner does not explicitly teach the at least one electrode includes a second section, which extends from the container and “into the first chamber”, Rottensteiner teaches other components of the measuring system, such as fluid line 3 and pressure equalization line 4, extend out of vessel 2 and into space 34 (see Fig. 4).
Kojima and Rottensteiner are considered analogous to the claimed invention because they are in the same field of measuring systems for analytes. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the measuring system of Kojima to include a housing; a first chamber disposed in the housing, the measuring cell “disposed in the first chamber”; and a temperature regulating apparatus (including a heating element, cooling elements 30, a fan, and a space 34 wherein the air circulates around the first chamber via two openings in the first chamber wall), as taught by Rottensteiner, as an apparatus with this configuration allows for better temperature control (Rottensteiner, [para. 0029]).
In addition, as Kojima teaches the at least one electrode extends from the container lid to outside of the container, and Rottensteiner teaches the measuring cell disposed within the housing and surrounded by the first chamber, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the second section of the at least one electrode extends from the container lid to the first chamber which surrounds the container of the measuring cell.
the limitation “configured to produce a temperature-controlled gas stream moving through the first chamber and flowing around the measurement cell, including the container and the section of the at least one electrode extending from the container lid into the first chamber” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, the heating element, the cooling elements 30, and the fan 32 of Rottensteiner are configured to generate an air flow flowing around the cooling elements 30 to dissipate heat (Rottensteiner, [para. 0083]). As illustrated in Fig. 4 of Rottensteiner, the air flow flows around vessel 2 in space 34. Thus, the heating element, the cooling elements 30, and the fan 32 of modified Kojima are capable of performing the claimed functions above.
Regarding Claim 2, modified Kojima teaches the measuring system of claim 1, wherein the at least one electrode is an electrode of an electrode system for amperometric measurements (as outlined in the claim 1 rejection above, the electrolytic cell 27, including detecting electrodes 25, are capable of amperometric measurements (Kojima, [col. 4, lins. 20-37]).
Regarding Claim 3, modified Kojima teaches the measuring system of claim 1.
Kojima teaches a generator anode (one of the electrolytic electrodes 24 [col. 3, lins. 26-36]) disposed at least sectionally in the container (as illustrated in Fig. 1, electrolytic electrodes 24 are disposed at least sectionally in the container) and a generator cathode (one of the electrolytic electrodes 24 [col. 3, lins. 26-36]) disposed at least sectionally in the container (as illustrated in Fig. 1, electrolytic electrodes 24 are disposed at least sectionally in the container) as to enable generating a titrant for the coulometric titration (as outlined in col. 3 lins. 26-36, electrolytic electrodes 24 are immersed in the electrolytic solution to enable coulometric titration, which includes generating a titrant);
the limitation wherein the measuring system is “configured for coulometric titration of an analyte in the electrolyte” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, Kojima teaches that the measuring system 1 comprises a coulometric titration section 23 for quantitatively measuring ammonia content (Kojima, [col. 2, lins. 53-58]). Thus, the measuring system of modified Kojima is capable of coulometric titration of an analyte in the electrolyte.
Regarding Claim 4, modified Kojima teaches the measuring system of claim 1.
Kojima teaches wherein the measuring cell includes a titrant supply line in fluid communication with the container (a titrant, such as ammonia gas, is supplied via a conduit 28 or conduit 22 [col. 4 lins. 63-68]).
Regarding Claim 5, modified Kojima teaches the measuring system of claim 1, and teaches wherein the container lid is configured to close the container (as outlined in the claim 1 rejection above, Kojima teaches electrolytic cell 27 includes a ground fitting lid [col. 3, lin. 26-36]), wherein the at least one electrode extends through the container lid from the container into the first chamber (as outlined in the claim 1 rejection above, Kojima teaches a section of electrolytic electrodes 24 and detecting electrodes 25 are disposed inside the container and extended through the container lid from the container to outside of the container, as illustrated in Kojima Fig. 1. In addition, modified Kojima teaches the at least one electrode extends into the first chamber, as outlined in the claim 1 rejection above).
Regarding Claim 13, modified Kojima teaches the measuring system of claim 1.
Kojima is silent on further comprising a control electronics configured to control the temperature regulating apparatus as to regulate a temperature of the gas stream.
Rottensteiner teaches a control electronics (control unit 26 [para. 0088]) configured to control the temperature regulating apparatus as to regulate a temperature of the gas stream (control unit 26 controls the heating element and switching the fan on and off to regulate the temperature [para. 0088]).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the measuring system of modified Kojima to include control electronics configured to control the temperature regulating apparatus as to regulate a temperature of the gas stream, as taught by Rottensteiner, as adding a temperature sensor allows for accurate temperature control of the measuring system (Rottensteiner, [para. 0061]).
Regarding Claim 18, modified Kojima teaches the measuring system of claim 1.
Kojima teaches wherein the measuring cell includes a gas input opening (gas supplying tubes 22 and 26 enter the electrolytic cell 27 via gas input openings in Fig. 1 [col. 3 line 31]), into the container of the measuring cell (as illustrated in Fig. 1, gas supplying tubes 22 and 26 enter electrolytic cell 27), and a gas output (a gas output connects to a gas discharge tube 21 in Fig. 1 [col. 3 lins. 31-32]), wherein the gas output is connected with a gas drain (gas discharge tube 21 in Fig. 1 [col. 3 lins. 31-32]).
In addition, as modified Kojima teaches the measuring cell is surrounded by the first chamber (as outlined in the claim 1 rejection above), and Kojima teaches the gas drain connected to the gas discharge tube 21 extends out of the container (as illustrated in Fig. 2 of Kojima), it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the gas drain leads out of the first chamber.
Regarding Claim 20, modified Kojima teaches the measuring system of claim 18.
In addition, as modified Kojima teaches the measuring cell is surrounded by the first chamber (as outlined in the claim 1 rejection above), and Kojima teaches the gas drain connected to the gas discharge tube 21 extends out of the container (as illustrated in Fig. 2 of Kojima), it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the gas output is open to the first chamber.
Regarding Claim 21, modified Kojima teaches the measuring system of claim 20.
Kojima teaches a control system of the measuring system (gas flow rate component 16 [col. 4 lins 41-48]) is configured to set a flow of measured gas through the gas input into the measuring cell (gas flow rate controls the flow rate of the hydrogen gas supplying tube 34, and carrier gas supplying tubes 10 and 17 [col. 4 lins. 41-48]).
Kojima is silent on the control system is configured to set a flow of gas through the gas drain, such that the flow of gas through the gas drain is greater than the flow of measured gas through the gas input.
However, given that the flow of gas through the gas drain can either be greater than the flow of the measured gas through the gas input, equal to the flow of the measured gas through the gas input, and less than the flow of the measured gas through the gas input, it would be obvious to modify the control system of modified Kojima to be configured set a flow of gas through the gas drain, such that the flow of gas through the gas drain is greater than the flow of measured gas through the gas input. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143 (I)(E)).
Regarding Claim 22, modified Kojima teaches the measuring system of claim 1.
Kojima teaches an elemental analysis system (an apparatus containing measuring system 1, a distillation system B 2, control system 3, and distillation system A 4 [col. 2 lins. 42-48]), the system comprising
a combustion furnace (reaction section 33 in Fig. 1 [col. 2 lins. 59-61]);
a combustion tube (cylindrical reaction tube in Fig. 1 [col. 2 lins. 59-61]) disposed in the combustion furnace (as illustrated in Fig. 1, cylindrical reaction tube is disposed in reaction section 33);
at least one gas line opening into the combustion tube (conduit 26 [col. 4, lins. 49-66]); and
the measuring system of claim 1 (modified Kojima teaches the measuring system of claim 1),
wherein the at least one gas line is fluidically connected with a gas input of the measuring cell of the measuring system as to lead measured gas, including a carrier gas containing a reaction product of the analyte formed from said burned sample, from the combustion tube to the measuring system (ammonia gas, together with the hydrogen gas, is lead to the electrolytic cell 27 through conduit 26 [col. 4, lins. 60-65 in Kojima]);
the limitation an element analysis system “for quantitatively determining an analyte of a sample” is an intended use limitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, the apparatus taught by Kojima relates to a device for quantitatively measuring the contents of nitrogen (col. 1 lins 7-12). Thus, the measuring system of modified Kojima is capable of performing the intended use above;
the limitation a combustion tube is “configured to receive and burn the sample” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, the cylindrical reaction tube of Kojima includes a sample inlet 5 a heating section 32 that maintains a high temperature within the cylindrical reaction tube (Kojima, col. 2 lins. 59-68 to col. 3 lins. 2-6). Thus, the cylindrical reaction tube of modified Kojima is capable of performing the claimed functions above.
Claims 6-12 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Kojima and Rottensteiner, as applied to claim 1 above, and in view of Hildenbeutel (US 2021/0080153 A1).
Regarding Claim 6, modified Kojima teaches the measuring system of claim 1, and teaches wherein the temperature regulating apparatus includes a first heat exchanger (as outlined in the claim 1 rejection above, a heating element, which although not shown in Figs. 4 to 6, is present in vessel 2 (Rottensteiner [para. 0082]);
Kojima is silent on the first heat exchanger is “disposed outside the first chamber”, which is configured to enable the gas stream to flow therethrough such that the gas stream is led in a circulatory system extending through the first chamber and the first heat exchanger.
Hildenbeutel teaches a refrigeration system and particularly relates to heat exchanger configuration (abstract), and teaches the first heat exchanger is disposed outside the first chamber (heat exchanger 3 may be either directly coupled to vessel 5 or fluidly connected to an outlet of vessel 5 via a conduit or tube section [para. 0067]; example illustrated in Fig. 1).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to rearrange the first heat exchanger of modified Kojima to be disposed outside the first chamber, as taught by Hildenbeutel, as keeping a heat exchanger disposed outside the chamber is a configuration that provides proper temperature control (see Fig. 1 of Hildenbeutel);
the limitation the temperature regulating apparatus “is configured enable the gas stream to flow therethrough such that the gas stream is led in a circulatory system extending through the first chamber and the first heat exchanger” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, the heating element and cooling elements 30, along with fan 32, are designed to circulate air flow through space 34 (Rottensteiner, [paras. 0082-0083]). Thus, the temperature regulating apparatus of modified Kojima is capable of performing the claimed function above.
Regarding Claim 7, modified Kojima teaches the measuring system of claim 6, and teaches the temperature regulating apparatus includes: a flow passageway with a first end and a second end (as outlined in the claim 1 rejection above, Rottensteiner teaches a space 34 where in which the air circulates around attachment 31 via a first and second opening in attachment 31 in Fig. 4, [para. 0082-0083]), wherein the first end opens in a first region of the first chamber through a wall bounding the first chamber (as outlined in the claim 1 rejection above, Fig. 4 of Rottensteiner teaches a space 34 with a first end on the bottom left of space 34 [para. 0082-0083]), and wherein the second end opens in a second region of the first chamber through the wall bounding the first chamber (as outlined in the claim 1 rejection above, Fig. 4 of Rottensteiner teaches a space 34 with a second end on the bottom right of space 34 [para. 0082-0083]); and
at least one air mover disposed in the flow passageway (as outlined in the claim 1 rejection above, Rottensteiner teaches a fan 32 is arranged to generate air flow [para. 0083]), the at least one air mover adapted to move gas through the flow passageway (as outlined in the claim 1 rejection above, Rottensteiner teaches a fan 32 is arranged to generate air flow through space 34 [para. 0083]; also illustrated in Fig. 4 of Rottensteiner).
In addition, as Rottensteiner teaches the first heat exchanger (heating resistor or heating wire not shown in Fig. 4-6), is disposed in the flow passageway such that gas moved through the flow passageway by the at least one air mover flows through the first heat exchanger (see gas flow passageway in Fig. 4 of Rottensteiner). It would be obvious to one of ordinary skill in the prior to the effective filing date of the claimed invention that the first heat exchanger of modified Kojima, now rearranged outside the first chamber, is disposed in the flow passageway such that gas moved through the flow passageway by the at least one air mover flows through the first heat exchanger.
Regarding Claim 8, modified Kojima teaches the measuring system of claim 6.
Kojima is silent on wherein the temperature regulating apparatus includes a cooling device configured to remove heat from the first heat exchanger and/or includes a heating device configured to supply heat to the first heat exchanger.
Rottensteiner teaches a cooling device and/or a heating device (a Peltier element may be supplied to heating and cooling [para. 0087]).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the temperature regulating apparatus of modified Kojima to include a cooling device after the first heat exchanger, as taught by Rottensteiner, as controlling the temperature to a target temperature is necessary for analyte measurements (Rottensteiner, [paras. 0061-0062]); the limitations the cooling device is “configured to remove heat from the first heat exchanger” is a functional limitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, the Peltier element can be used to adjust the heating and cooling (Rottensteiner, [para. 0087]). Thus, the Peltier element of modified Kojima is capable of performing the claimed function above.
Regarding Claim 9, modified Kojima teaches the measuring system of claim 8, and teaches wherein the cooling device comprises at least one thermoelectric element (as outlined in the claim 8 rejection above, a Peltier element may be supplied to heating and cooling [para. 0087]).
Regarding Claim 10, modified Kojima teaches the measuring system of claim 8.
Kojima is silent on wherein the temperature regulating apparatus includes a second heat exchanger, which is in thermal contact with the cooling device and/or the heating device.
Hildenbeutel teaches the temperature regulating apparatus (cryogenic refrigeration system 1 that includes a counter flow heat exchanger 3 thermally coupled to a heat exchanger section 2A in Fig. 1 [para. 0065]) includes a second heat exchanger (a second heat exchanger may be arranged in series [para. 0037]; as illustrated in Figs. 6A and 6B, heat exchanger can be arranged in series, such as heat exchanging modules 3A and 3C), which is in thermal contact with the cooling device and/or the heating device (heat exchanging modules 3A and 3C are in thermal contact with conduit 2 [para. 0088]).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the heat exchanger of modified Kojima to add a second heat exchanger, which is in thermal contact with the cooling device and/or the heating device, as taught by Hildenbeutel, as adding multiple heat exchangers provide the required temperature factor and/or heat transfer rate (Hildenbeutel, [para. 0088]).
Regarding Claim 11, modified Kojima teaches the measuring system of claim 10, and teaches wherein the temperature regulating apparatus has a means for producing a fluid flow in thermal contact with at least a contact area of the second heat exchanger (as outlined in the Claim 10 rejection above, Hildenbeutel teaches the second heat exchanger is in thermal contact with the target fluid flow (heat exchanger modules 3A and 3C are thermally coupled to conduit 2 [para. 0088]).
Regarding Claim 12, modified Kojima teaches the measuring system of claim 11, and teaches wherein the second heat exchanger is disposed within the housing in a second chamber, which is separated from the first chamber (as outlined in the claim 10 rejection above a second heat exchanger can be added in series in separate chambers, as illustrated in Fig. 6A of Hildenbeutel).
Modified Kojima is silent on wherein the means for producing a fluid flow is configured to transport air from an environment outside the housing into the second chamber to the second heat exchanger and then back out of the second chamber.
However, as Rottensteiner teaches that the fluid flow in space 34 to transport air in the first chamber from an environment outside the housing prior to adding the second heat exchanger in series and the second chamber, it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed that by adding the second heat exchanger in series, the means for producing a fluid flow is configured to transport air from an environment outside the housing into the second chamber to the second heat exchanger and then back out of the second chamber.
Regarding Claim 23, Kojima teaches a measuring system (measuring cell 1 in Fig. 1 [col. 2 lins. 53-58]), comprising:
a measuring cell (electrolytic cell 27 in Fig. 1 [col. 3 lins. 26-32]), the measuring cell including a container (as illustrated in Fig. 1, electrolytic cell 27 is contained in a container) configured to receive an electrolyte (electrolytic solution [col. 3, lins. 34-36]; illustrated in Fig. 1) and at least one electrode (detecting electrodes 25 [col. 3, lins. 30-36]), wherein the at least one electrode includes a first section disposed within the container and a second section, which extends from the container (as illustrated in Fig. 1, a first section of detecting electrodes 25 is disposed inside the container and a second section of detecting electrodes 25 extends out from the container);
the limitation “configured for potentiometric and/or amperometric measurements” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, Kojima teaches that that the coulometric titration control component is applied to amplify an electric signal corresponding to the pH detected by the detecting electrodes 25 (col. 4, lins. 20-29), and the electrolytic current is adjusted by deduction of the blank current to a deducted current (col. 4, lins. 30-37). Thus, the at least one electrode of Kojima is capable of performing amperometric measurements.
Kojima is silent on a housing; a first chamber disposed in the housing, wherein the measuring cell is disposed in the first chamber, wherein the second section of the at least one electrode extends “into the first chamber”, and a temperature regulating apparatus configured to produce a temperature-controlled gas stream moving through the first chamber and flowing around the measuring cell, including the container and the second section of the at least one electrode extending from a container lid into the first chamber,
wherein the temperature regulating apparatus includes, disposed outside the first chamber, a first heat exchanger, which is configured to enable the gas stream to flow therethrough such that the gas stream is led in a circulatory system extending through the first chamber and the first heat exchanger.
Rottensteiner teaches a measuring arrangement for measuring total nitrogen bound in a liquid (abstract), and teaches a housing (attachment 31 in Figs. 4-6 [paras. 0080, 0083]); a first chamber (space 34 in Fig. 4 [para. 0083]) disposed in the housing (as illustrated in Fig. 4, space 34 is disposed in the attachment 31), the measuring cell “disposed in the first chamber” (vessel 2 is surrounded and disposed in attachment 31 [para. 0083], illustrated in Fig. 4); a temperature regulating apparatus (a heating element not shown in Figs 4-6, cooling elements 30 in Figs. 4-5, a fan 32, and a space 34 where in which the air circulates around attachment 31 via two openings in attachment 31 comprise a temperature regulating apparatus [paras. 0082-0083]). In addition, although Rottensteiner does not explicitly teach the at least one electrode includes a second section, which extends from the container and “into the first chamber”, Rottensteiner teaches other components of the measuring system, such as fluid line 3 and pressure equalization line 4, extend out of vessel 2 and into space 34 (see Fig. 4),
a first heat exchanger (a heating element, which although not shown in Figs. 4 to 6, is present in vessel 2 (Rottensteiner [para. 0082]).
Kojima and Rottensteiner are considered analogous to the claimed invention because they are in the same field of measuring systems for analytes. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the measuring system of Kojima to include a housing; a first chamber disposed in the housing, the measuring cell “disposed in the first chamber”; and a temperature regulating apparatus (including a heating element, cooling elements 30, a fan, and a space 34 wherein the air circulates around the first chamber via two openings in the first chamber wall) and a first heat exchanger, as taught by Rottensteiner, as an apparatus with this configuration allows for better temperature control (Rottensteiner, [para. 0029]).
In addition, as Kojima teaches the at least one electrode extends from the container to outside of the container, and Rottensteiner teaches the measuring cell disposed within the housing and surrounded by the first chamber, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the second section of the at least one electrode extends from the container to the first chamber which surrounds the container of the measuring cell.
the limitation “configured to produce a temperature-controlled gas stream moving through the first chamber and flowing around the measurement cell, including the container and the section of the at least one electrode extending from the container lid into the first chamber” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, the heating element, the cooling elements 30, and the fan 32 of Rottensteiner are configured to generate an air flow flowing around the cooling elements 30 to dissipate heat (Rottensteiner, [para. 0083]). As illustrated in Fig. 4 of Rottensteiner, the air flow flows around vessel 2 in space 34. Thus, the heating element, the cooling elements 30, and the fan 32 of modified Kojima are capable of performing the claimed functions above.
Kojima is silent on the first heat exchanger is “disposed outside the first chamber”, which is configured to enable the gas stream to flow therethrough such that the gas stream is led in a circulatory system extending through the first chamber and the first heat exchanger.
Hildenbeutel teaches a refrigeration system and particularly relates to heat exchanger configuration (abstract), and teaches the first heat exchanger is disposed outside the first chamber (heat exchanger 3 may be either directly coupled to vessel 5 or fluidly connected to an outlet of vessel 5 via a conduit or tube section [para. 0067]; example illustrated in Fig. 1).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to rearrange the first heat exchanger of modified Kojima to be disposed outside the first chamber, as taught by Hildenbeutel, as keeping a heat exchanger disposed outside the chamber is a configuration that provides proper temperature control (see Fig. 1 of Hildenbeutel);
the limitation the temperature regulating apparatus “is configured enable the gas stream to flow therethrough such that the gas stream is led in a circulatory system extending through the first chamber and the first heat exchanger” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, the heating element and cooling elements 30, along with fan 32, are designed to circulate air flow through space 34 (Rottensteiner, [paras. 0082-0083]). Thus, the temperature regulating apparatus of modified Kojima is capable of performing the claimed function above.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kojima and Rottensteiner, as applied to claim 13 above, and in view of Kaczur (US 2016/0017503 A1).
Regarding Claim 14, modified Kojima teaches the measuring system of claim 13.
Kojima is silent on further comprising, disposed in the temperature-controlled gas stream, a first temperature sensor connected to the control electronics as to output measurement signals to the control electronics, and wherein the control electronics is configured to set and/or control the temperature of the gas stream based on the measurement signals of the first temperature sensor.
Rottensteiner teaches a first temperature sensor (temperature sensor 14 in the interior of vessel 2 [para. 0061]) connected to the control electronics as to output measurement signals to the control electronics (temperature sensor 14 is connected to controller 15 to set the heating power of the heating element 13 [para. 0061]), and wherein the control electronics is configured to set and/or control the temperature of the gas stream based on the measurement signals of the first temperature sensor (temperature sensor 14 is connected to controller 15 to set the heating power of the heating element 13 [para. 0061]).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the measurement system of modified Kojima to include a first temperature sensor connected to the control electronics as to output measurement signals to the control electronics, and wherein the control electronics is configured to set and/or control the temperature of the gas stream based on the measurement signals of the first temperature sensor, as taught by Rottensteiner, as adding a temperature sensor allows for accurate temperature control of the measuring system (Rottensteiner, [para. 0061]).
Modified Kojima is silent on the first temperature sensor is “disposed in the temperature-controlled gas stream”.
Kaczur teaches a chemical system for reducing carbon dioxide using gas streams (abstract), and teaches a first temperature sensor disposed in the temperature-controlled gas stream (stream 350 flows by temperature sensor 352 that monitors solution temperature in the stream [para. 0061]; illustrated in Fig. 3).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to rearrange the first temperature sensor of modified Kojima to be disposed in the temperature-controlled gas stream, as taught by Kaczur, as a temperature sensor in a gas stream is a configuration capable of measuring accurate temperatures (Kaczur, [paras. 0061, 0064]).
Regarding Claim 15, modified Kojima teaches the measuring system of claim 11.
Kojima is silent on a control electronics configured to control the temperature regulating apparatus as to regulate a temperature of the gas stream;
disposed in the temperature-controlled gas stream, a first temperature sensor connected to the control electronics as to output measurement signals to the control electronics.
disposed in the fluid flow, at least a second temperature sensor, which is connected with the control electronics as to output measurement signals to the control electronics,
wherein the control electronics is configured to set and/or to control the temperature of the gas stream based on the measurement signals of the first temperature sensor and the second temperature sensor.
Rottensteiner teaches a control electronics (control unit 26 [para. 0088]) configured to control the temperature regulating apparatus as to regulate a temperature of the gas stream (control unit 26 controls the heating element and switching the fan on and off to regulate the temperature [para. 0088]); a first temperature sensor (temperature sensor 14 in the interior of vessel 2 [para. 0061]) connected to the control electronics as to output measurement signals to the control electronics (temperature sensor 14 is connected to controller 15 to set the heating power of the heating element 13 [para. 0061]), and wherein the control electronics is configured to set and/or control the temperature of the gas stream based on the measurement signals of the first temperature sensor (temperature sensor 14 is connected to controller 15 to set the heating power of the heating element 13 [para. 0061]).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the measuring system of modified Kojima to include control electronics configured to control the temperature regulating apparatus as to regulate a temperature of the gas stream and a first temperature sensor connected to the control electronics as to output measurement signals to the control electronics, and wherein the control electronics is configured to set and/or control the temperature of the gas stream based on the measurement signals of the first temperature sensor, as taught by Rottensteiner, as adding a temperature sensor allows for accurate temperature control of the measuring system (Rottensteiner, [para. 0061]).
Modified Kojima is silent on the first temperature sensor is “disposed in the temperature-controlled gas stream; disposed in the fluid flow, at least a second temperature sensor, which is connected with the control electronics as to output measurement signals to the control electronics, wherein the control electronics is configured to set and/or to control the temperature of the gas stream based on the measurement signals of the first temperature sensor and the second temperature sensor.
Kaczur teaches a chemical system for reducing carbon dioxide using gas streams (abstract), and teaches a first temperature sensor disposed in the temperature-controlled gas stream (stream 350 flows by temperature sensor 352 monitoring solution temperature in the stream [para. 0061]; illustrated in Fig. 3).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to rearrange the first temperature sensor of modified Kojima to be disposed in the temperature-controlled gas stream, as taught by Kaczur, as a temperature sensor in a gas stream is a configuration capable of measuring accurate temperatures (Kaczur, [paras. 0061, 0064]).
Modified Kojima is silent on disposed in the fluid flow, at least a second temperature sensor, which is connected with the control electronics as to output measurement signals to the control electronics, wherein the control electronics is configured to set and/or to control the temperature of the gas stream based on the measurement signals of the first temperature sensor and the second temperature sensor.
However, it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to duplicate the temperature sensor of modified Kojima to add, disposed in the fluid flow, at least a second temperature sensor, which is connected with the control electronics as to output measurement signals to the control electronics, wherein the control electronics is configured to set and/or to control the temperature of the gas stream based on the measurement signals of the first temperature sensor and the second temperature sensor. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kojima and Rottensteiner, as applied to claim 1 above, and in view of Simonson (US 4,929,314).
Regarding Claim 16, modified Kojima teaches the measuring system of claim 1.
Kojima is silent on a covering, comprising of one or more parts, which is secured releasably to a wall of the first chamber such that the cover surrounds the measuring cell.
Simonson teaches a high pressure coulometric titration apparatus (abstract), and teaches a covering (a removable top cover 90 [col. 6 lins. 34-49]), comprising of one or more parts (cover 90 is a dome or flat shape and mounted via a plurality of screws or bolts [col. 6 lins. 28-49]; cover 90 also includes a plurality of ports such as port 88 [col. 6 lins. 28-34]), which is secured releasably to a wall of the first chamber such that the cover surrounds the measuring cell (cover is preferably mounted to the cylindrical wall 92 and is removable and surrounds pressure vessel 12, which includes the titration vessel 16 [col. 6 lins. 28-49]).
Modified Kojima and Simonson are considered analogous to the claimed invention because they are in the same field of measuring systems using coulometric titration. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the measuring system of modified Kojima to provide a covering, comprising of one or more parts/ports, which is secured releasably to a wall of the first chamber such that the cover surrounds the measuring cell, as taught by Simonson, as a cover includes ports that provide the necessary electrical and fluid connections to the chamber (Simonson, [col. 6 lins. 28-30]).
Regarding Claim 17, modified Kojima teaches the measuring system of claim 16, and teaches wherein the covering includes an opening (as outlined in the claim 16 rejection above, Simonson teaches the cover 90 can include a plurality of ports 88 [col. 28-36]);
the limitation “though which a liquid standard can be dosed, or metered, into the container of the measuring cell” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation 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 structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, Simonson teaches the port 88 can provide the necessary fluid connection to chamber 14 [col. 28-36], which would include a liquid standard that can be dosed, or metered, into the container of the measuring cell. Thus, the cover with an opening of modified Kojima is capable of performing the claimed function above.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kojima and Rottensteiner, as applied to claim 18 above, and in view of Qu (CN 103245545B, English translation).
Regarding Claim 19, modified Kojima teaches the measuring system of claim 18.
Kojima is silent on wherein the gas drain is connected with a suction system.
Qu teaches an analysis device and method for monitoring sulfuric acid in a flue gas (abstract), and teaches the gas drain is connected with a suction system (an outlet of the air extraction control system is connected to a vacuum sampling pump [seventh para., page 3).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the measuring system of modified Kojima to include a suction system connected to the gas drain, as taught by Qu, as adding a suction system allows for control of the gas flow rate exiting the measuring system (Qu, [seventh para., page 3]).
Response to Arguments
Applicant's arguments, see Remarks pgs. 9-14, filed 01/23/2026, with respect to the 35 U.S.C 103 rejections and amended claims have been fully considered.
Applicant’s Argument #1:
Applicant argues on pages 10-13 that Rottensteiner does not disclose “a temperature-controlled gas stream”, as Rottensteiner teaches opening 35 leading into a space 34 surrounding a vessel 2, and supplying air from the surrounding area to space 34. Rottensteiner teaches measuring arrangement 1 includes heating element 13, which heats the interior of vessel 2 and not the supply air from the surroundings.
Examiner’s Response #1:
Applicant’s arguments have been fully considered, but are not persuasive. As Rottensteiner teaches a temperature regulating apparatus (a heating element not shown in Figs 4-6, cooling elements 30 in Figs. 4-5, a fan 32, and a space 34 where in which the air circulates around attachment 31 via two openings in attachment 31 comprise a temperature regulating apparatus [paras. 0082-0083]). Although the space 34 contains air from the surrounding area, the air is temperature-controlled at least via fan 32. Thus, the air flowing in space 34 is temperature-controlled. The Examiner recommends further reciting additional limitations, such as in para. 0016 of the instant specification regarding sealing the gas flow from the outside air, to further differentiate from the prior art.
Applicant’s Argument #2:
Applicant argues on pages 13-14 that it is not obvious to add Hildenbeutal as there is no rationale basis to add Hildenbeutal, as Hildenbeutal discloses “systems and method for cryogenic refrigeration of a process medium”, instead of a titration electrolytic cell.
Examiner’s Response #2:
Applicant’s arguments have been fully considered, but are not persuasive. As Hildenbeutal, Kojima, and Rottensteiner deal with the exchange of heat/heat flow in various systems, it would be obvious to one of ordinary skill in the art to apply Hildenbetual to a system containing heat-flow transfer, such as modified Kojima, for heat-transfer purposes.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/R.L.G./Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795
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