DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/09/2026 has been entered.
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 1-20 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.
Claims 1, 5, and 15 recites the limitation “positioning a sensor calibration tool close to the VOC sensor”. The term “close to” is a relative term which renders the claim indefinite. The term “close to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of a compact prosecution, we have interpreted the limitation to mean that if the sensor can sense a compound, i.e. volatile organic compound, it’s considered close to the calibration tool.
Claim 11 recites the limitation “positioning a sensor calibration tool close to the VOC sensor”. “…the VOC sensor to the CO for at least a relatively short exposure time of about 4-15 minutes” is being interpreted as indefinite. The term “about” is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of a compact prosecution, we have interpreted the limitation to mean that the VOC sensor to the CO for at least a relatively short exposure time of 4-15 minutes.
Claims 12 and 20 recites the limitation “positioning a sensor calibration tool close to the VOC sensor”. “…the CO has about a 400 PPM concentration during the relatively short exposure time” is being interpreted as indefinite due to the use of the relative term “about” and is not defined by the specification. The term “about” is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of a compact prosecution, we have interpreted the limitation to mean “the CO has a 400 PPM concentration”.
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.
Claims 1, 3, 5-6, 8, 10, 14-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Martin et al. (US 8907803) and further in view of Chadha et al. (US20190277822), hereinafter referred as ‘Chadha’ and Zabetakis et al. (US20160061775) hereinafter referred to as ‘Zabetakis’.
Regarding Claim 1, Martin discloses a method of calibrating a detector comprising a volatile organic compound (VOC) sensor (The air quality monitor can filter conflicting readings associated with two or more of the particulate sensor, the volatile organic compound sensor, the nitrogen oxides sensor, the carbon monoxide sensor, the combustible gas sensor, the carbon dioxide sensor, or a formaldehyde sensor. Col. 7, Lines 54-59; Prior to deployment and/or periodically over the life expectancy of air quality monitor 102, air quality monitor 102 and/or the sensors included within air quality monitor 102 can be subjected to calibration and/or re-calibration, wherein the sensors can be calibrated by individually placing the sensors, placing two or more sensors, or placing air quality monitor 102 in a calibration chamber wherein gases, such as, nitrogen oxide, carbon monoxide, carbon dioxide, hydrogen sulfide, volatile organic compounds, combustible gases, and the like can be introduced into the calibration chamber at identified levels... The curves determined or ascertained from these calibration activities can be utilized by air quality monitor 102 and/or server 108 to provide indication of the air quality in the residential house, Col. 16, Lines 34-55); and calibrating the VOC sensor using carbon monoxide (CO) as a calibrant prior to the field deployment (Prior to deployment and/or periodically over the life expectancy of air quality monitor 102, air quality monitor 102 and/or the sensors included within air quality monitor 102 can be subjected to calibration and/or re-calibration, wherein the sensors can be calibrated by individually placing the sensors, placing two or more sensors, or placing air quality monitor 102 in a calibration chamber wherein gases, such as, nitrogen oxide, carbon monoxide, carbon dioxide, hydrogen sulfide, volatile organic compounds, combustible gases, and the like can be introduced into the calibration chamber at identified levels…The curves determined or ascertained from these calibration activities can be utilized by air quality monitor 102 and/or server 108 to provide indication of the air quality in the residential house, Col. 16, Lines 34-55), re-calibrating the VOC sensor using the CO as the calibrant (Additionally and/or alternatively, because sensor accuracy drifts over time, a self-calibration feature is provided wherein, once sensors have been deployed in the field, these sensors can be calibrated or recalibrated through communication with server 108, for example, Col. 16, Lines 53-57), wherein the calibrating and the re-calibrating of the VOC sensor comprises exposing the VOC sensor to the CO (Additionally and/or alternatively, because sensor accuracy drifts over time, a self-calibration feature is provided wherein, once sensors have been deployed in the field, these sensors can be calibrated or recalibrated through communication with server 108, for example, Col. 16, Lines 53-57).
However, Martin does not explicitly disclose the method comprising: assembling the detector with the VOC sensor for field deployment ; and re-calibrating the VOC sensor using the CO as the calibrant following the field deployment, wherein the calibrating and the re-calibrating of the VOC sensor comprises exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor.
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 invention of Martin to assemble the detector with the VOC sensor for field deployment to calibrate/monitor each detector individually and improve detection accuracy and air quality.
However, Martin does not explicitly disclose re-calibrating the VOC sensor using the CO as the calibrant following the field deployment, wherein the calibrating and the re-calibrating of the VOC sensor comprises exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor.
Nevertheless, Chadha discloses exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor (In certain embodiments, a monitoring unit includes one or more duplicate sensors for, e.g., calibrating and determining inaccuracies and drift of one of the sensors. In some cases, a duplicate sensor is provided on a fixed monitoring unit. A comparison of simultaneous measurements by two sensors may indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold. Similarly, during calibration, if these simultaneous measurements are within the particular threshold, then they may be properly calibrated and accurate [0101]).
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 invention of Martin with the teaching of Chadha to assemble the detector with the VOC sensor for field deployment to indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold and improve detection accuracy.
However, the combination does not explicitly disclose re-calibrating the VOC sensor using the CO as the calibrant following the field deployment.
Nevertheless, Zabetakis discloses .the VOC sensor … following the field deployment (Current technology deployed in the field for detection and identification of explosives has a number of limitations... Other developing technologies include detection of volatile organic compounds (VOCs), often referred to as electronic nose or tongue technology [0002]).
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 invention of Martin and Chadha with the teaching of Zabetakis to have analytical results available in the field at the site of characterization or remediation and improve the accuracy of calibration/re-calibration.
Regarding Claim 3, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 1.
Martin discloses the detector comprises the VOC sensor and a CO sensor (The sensor component further comprises a temperature module and a relative humidity module. The sensor component includes a sensor power supply configured to supply power to a particulate sensor, a temperature sensor, a relative humidity sensor, a volatile organic compounds sensor, a nitrogen oxides sensor, a carbon monoxide sensor, a combustible gas sensor, a carbon dioxide sensor, or a formaldehyde sensor, Col. 6, Lines 23-27 ), the calibrating of the VOC sensor comprises exposing the VOC sensor to the CO, and the exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool (Prior to deployment and/or periodically over the life expectancy of air quality monitor 102, air quality monitor 102 and/or the sensors included within air quality monitor 102 can be subjected to calibration and/or re-calibration, wherein the sensors can be calibrated by individually placing the sensors, placing two or more sensors, or placing air quality monitor 102 in a calibration chamber, i.e., positioning a sensor … tool close, wherein gases, such as, nitrogen oxide, carbon monoxide, carbon dioxide, hydrogen sulfide, volatile organic compounds, combustible gases, and the like can be introduced into the calibration chamber at identified levels…The curves determined or ascertained from these calibration activities can be utilized by air quality monitor 102 and/or server 108 to provide indication of the air quality in the residential house, Col. 16, Lines 34-55).
However, Martin does not explicitly disclose the exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and close to the CO sensor during the calibrating of the VOC sensor and a simultaneous calibrating of the CO sensor.
Nevertheless, Chadha discloses exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and close to the CO sensor during the calibrating of the VOC sensor and a simultaneous calibrating of the CO sensor (In certain embodiments, a monitoring unit includes one or more duplicate sensors for, e.g., calibrating and determining inaccuracies and drift of one of the sensors. In some cases, a duplicate sensor is provided on a fixed monitoring unit. A comparison of simultaneous measurements by two sensors may indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold. Similarly, during calibration, if these simultaneous measurements are within the particular threshold, then they may be properly calibrated and accurate [0101]).
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 invention of Martin and Chadha with the teaching of Zabetakis to assemble the detector with the VOC sensor for field deployment to indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold and improve detection accuracy.
Regarding Claim 5, Martin discloses a method of calibrating a detector comprising a volatile organic compound (VOC) sensor (The air quality monitor can filter conflicting readings associated with two or more of the particulate sensor, the volatile organic compound sensor, the nitrogen oxides sensor, the carbon monoxide sensor, the combustible gas sensor, the carbon dioxide sensor, or a formaldehyde sensor. Col. 7, Lines 54-59; Prior to deployment and/or periodically over the life expectancy of air quality monitor 102, air quality monitor 102 and/or the sensors included within air quality monitor 102 can be subjected to calibration and/or re-calibration, wherein the sensors can be calibrated by individually placing the sensors, placing two or more sensors, or placing air quality monitor 102 in a calibration chamber wherein gases, such as, nitrogen oxide, carbon monoxide, carbon dioxide, hydrogen sulfide, volatile organic compounds, combustible gases, and the like can be introduced into the calibration chamber at identified levels... The curves determined or ascertained from these calibration activities can be utilized by air quality monitor 102 and/or server 108 to provide indication of the air quality in the residential house, Col. 16, Lines 34-55); and calibrating the VOC sensor using carbon monoxide (CO) as a calibrant prior to the field deployment (Prior to deployment and/or periodically over the life expectancy of air quality monitor 102, air quality monitor 102 and/or the sensors included within air quality monitor 102 can be subjected to calibration and/or re-calibration, wherein the sensors can be calibrated by individually placing the sensors, placing two or more sensors, or placing air quality monitor 102 in a calibration chamber wherein gases, such as, nitrogen oxide, carbon monoxide, carbon dioxide, hydrogen sulfide, volatile organic compounds, combustible gases, and the like can be introduced into the calibration chamber at identified levels…The curves determined or ascertained from these calibration activities can be utilized by air quality monitor 102 and/or server 108 to provide indication of the air quality in the residential house, Col. 16, Lines 34-55), re-calibrating the VOC sensor using the CO as the calibrant (Additionally and/or alternatively, because sensor accuracy drifts over time, a self-calibration feature is provided wherein, once sensors have been deployed in the field, these sensors can be calibrated or recalibrated through communication with server 108, for example, Col. 16, Lines 53-57), wherein the calibrating and the re-calibrating of the VOC sensor comprises exposing the VOC sensor to the CO (Additionally and/or alternatively, because sensor accuracy drifts over time, a self-calibration feature is provided wherein, once sensors have been deployed in the field, these sensors can be calibrated or recalibrated through communication with server 108, for example, Col. 16, Lines 53-57).
However, Martin does not explicitly disclose the method comprising: assembling the detector with the VOC sensor for field deployment ; wherein the calibrating and the re-calibrating of the VOC sensor comprises exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor.
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 invention of Martin to assemble the detector with the VOC sensor for field deployment to calibrate/monitor each detector individually and improve detection accuracy and air quality.
However, Martin does not explicitly disclose wherein the calibrating and the re-calibrating of the VOC sensor comprises exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor.
Nevertheless, Chadha discloses exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor (In certain embodiments, a monitoring unit includes one or more duplicate sensors for, e.g., calibrating and determining inaccuracies and drift of one of the sensors. In some cases, a duplicate sensor is provided on a fixed monitoring unit. A comparison of simultaneous measurements by two sensors may indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold. Similarly, during calibration, if these simultaneous measurements are within the particular threshold, then they may be properly calibrated and accurate [0101]).
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 invention of Martin with the teaching of Chadha to assemble the detector with the VOC sensor for field deployment to indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold and improve detection accuracy.
Regarding Claim 6, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 5.
Martins the assembling of the VOC sensor is executed and completed in a manufacturing facility (Volatile organic compound sensor 210 in accordance with one or more various embodiments can be a sensing element comprised of a metal oxide semiconductor layer formed on an alumina substrate of a sensing chip together with an integrated heater, Col. 14, Lines 23-27).
Regarding Claim 8, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 5.
Martin discloses the calibrating of the VOC sensor comprises exposing the VOC sensor to the CO, and the exposing of the VOC sensor to the CO (as discussed above).
However, Martin does not explicitly disclose the exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and close to the CO sensor during the calibrating of the VOC sensor and a simultaneous calibrating of the CO sensor.
Nevertheless, Chadha discloses exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and close to the CO sensor during the calibrating of the VOC sensor and a simultaneous calibrating of the CO sensor (In certain embodiments, a monitoring unit includes one or more duplicate sensors for, e.g., calibrating and determining inaccuracies and drift of one of the sensors. In some cases, a duplicate sensor is provided on a fixed monitoring unit. A comparison of simultaneous measurements by two sensors may indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold. Similarly, during calibration, if these simultaneous measurements are within the particular threshold, then they may be properly calibrated and accurate [0101]).
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 invention of Martin and Chadha with the teaching of Zabetakis to assemble the detector with the VOC sensor for field deployment to indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold and improve detection accuracy.
Regarding Claim 10, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 5.
Martin discloses the CO sensor is configured to determine a verified amount of CO the detector is exposed to, the verified amount being used to calibrate the VOC sensor (as discussed above).
Regarding Claim 14, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 5.
Martin discloses the re-calibrating is periodic, regularly scheduled or scheduled in response to a malfunction (as discussed above).
However, Martin does not explicitly disclose the method comprising: assembling the detector with the VOC sensor for field deployment ; wherein the calibrating and the re-calibrating of the VOC sensor comprises exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor.
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 invention of Martin to assemble the detector with the VOC sensor for field deployment to calibrate/monitor each detector individually and improve detection accuracy and air quality.
However, Martin does not explicitly disclose wherein the calibrating and the re-calibrating of the VOC sensor comprises exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor.
Nevertheless, Chadha discloses exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor (In certain embodiments, a monitoring unit includes one or more duplicate sensors for, e.g., calibrating and determining inaccuracies and drift of one of the sensors. In some cases, a duplicate sensor is provided on a fixed monitoring unit. A comparison of simultaneous measurements by two sensors may indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold. Similarly, during calibration, if these simultaneous measurements are within the particular threshold, then they may be properly calibrated and accurate [0101]).
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 invention of Martin and Chadha with the teaching of Zabetakis to assemble the detector with the VOC sensor for field deployment to indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold and improve detection accuracy.
Regarding Claim 15, Martin discloses a method of calibrating a detector comprising a volatile organic compound (VOC) sensor and a carbon monoxide (CO) sensor, the method comprising (Additionally and/or alternatively, because sensor accuracy drifts over time, a self-calibration feature is provided wherein, once sensors have been deployed in the field, these sensors can be calibrated or recalibrated through communication with server 108, for example, Col. 16, Lines 53-57; The air quality monitor can filter conflicting readings associated with two or more of the particulate sensor, the volatile organic compound sensor, the nitrogen oxides sensor, the carbon monoxide sensor, the combustible gas sensor, the carbon dioxide sensor, or a formaldehyde sensor. Col. 7, Lines 54-59; Prior to deployment and/or periodically over the life expectancy of air quality monitor 102, air quality monitor 102 and/or the sensors included within air quality monitor 102 can be subjected to calibration and/or re-calibration, wherein the sensors can be calibrated by individually placing the sensors, placing two or more sensors, or placing air quality monitor 102 in a calibration chamber wherein gases, such as, nitrogen oxide, carbon monoxide, carbon dioxide, hydrogen sulfide, volatile organic compounds, combustible gases, and the like can be introduced into the calibration chamber at identified levels... The curves determined or ascertained from these calibration activities can be utilized by air quality monitor 102 and/or server 108 to provide indication of the air quality in the residential house, Col. 16, Lines 34-55): exposing the VOC sensor and the CO sensor to carbon monoxide (CO) as a calibrant; and determining, using the CO sensor, a verified amount of CO the detector is exposed to, the verified amount being used to calibrate the VOC sensor prior to field deployment of the VOC sensor and to re-calibrate the VOC sensor, wherein the calibrating and the re-calibrating (The air quality monitor can filter conflicting readings associated with two or more of the particulate sensor, the volatile organic compound sensor, the nitrogen oxides sensor, the carbon monoxide sensor, the combustible gas sensor, the carbon dioxide sensor, or a formaldehyde sensor. Col. 7, Lines 54-59; Prior to deployment and/or periodically over the life expectancy of air quality monitor 102, air quality monitor 102 and/or the sensors included within air quality monitor 102 can be subjected to calibration and/or re-calibration, wherein the sensors can be calibrated by individually placing the sensors, placing two or more sensors, or placing air quality monitor 102 in a calibration chamber wherein gases, such as, nitrogen oxide, carbon monoxide, carbon dioxide, hydrogen sulfide, volatile organic compounds, combustible gases, and the like can be introduced into the calibration chamber at identified levels... The curves determined or ascertained from these calibration activities can be utilized by air quality monitor 102 and/or server 108 to provide indication of the air quality in the residential house, Col. 16, Lines 34-55) wherein the calibrating of the VOC sensor comprises exposing the VOC sensor (Prior to deployment and/or periodically over the life expectancy of air quality monitor 102, air quality monitor 102 and/or the sensors included within air quality monitor 102 can be subjected to calibration and/or re-calibration, wherein the sensors can be calibrated by individually placing the sensors, placing two or more sensors, or placing air quality monitor 102 in a calibration chamber, i.e., positioning a sensor … tool close, wherein gases, such as, nitrogen oxide, carbon monoxide, carbon dioxide, hydrogen sulfide, volatile organic compounds, combustible gases, and the like can be introduced into the calibration chamber at identified levels…The curves determined or ascertained from these calibration activities can be utilized by air quality monitor 102 and/or server 108 to provide indication of the air quality in the residential house, Col. 16, Lines 34-55), wherein the calibrating and the re-calibrating of the VOC sensor (Additionally and/or alternatively, because sensor accuracy drifts over time, a self-calibration feature is provided wherein, once sensors have been deployed in the field, these sensors can be calibrated or recalibrated through communication with server 108, for example, Col. 16, Lines 53-57).
However, Martin does not explicitly disclose to re-calibrate the VOC sensor following field deployment of the VOC sensor, wherein the calibrating and the re-calibrating of the VOC sensor comprises exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor.
Nevertheless, Chadha discloses exposing the VOC sensor to the CO by positioning a sensor calibration tool close to the VOC sensor (In certain embodiments, a monitoring unit includes one or more duplicate sensors for, e.g., calibrating and determining inaccuracies and drift of one of the sensors. In some cases, a duplicate sensor is provided on a fixed monitoring unit. A comparison of simultaneous measurements by two sensors may indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold. Similarly, during calibration, if these simultaneous measurements are within the particular threshold, then they may be properly calibrated and accurate [0101]).
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 invention of Martin with the teaching of Chadha to assemble the detector with the VOC sensor for field deployment to indicate whether one of the sensors (e.g., one on a wearable unit) has drifted or is inaccurate if these simultaneous measurements are different from each other by a particular threshold and improve detection accuracy.
However, the combination does not explicitly disclose re-calibrating the VOC sensor using the CO as the calibrant following the field deployment.
Nevertheless, Zabetakis discloses .the VOC sensor … following the field deployment (Current technology deployed in the field for detection and identification of explosives has a number of limitations... Other developing technologies include detection of volatile organic compounds (VOCs), often referred to as electronic nose or tongue technology [0002]).
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 invention of Martin and Chadha with the teaching of Zabetakis to have analytical results available in the field at the site of characterization or remediation and improve the accuracy of calibration/re-calibration.
Regarding Claim 17, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 15.
Martin discloses exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor (as discussed above).
However, Martin does not explicitly disclose positioning the sensor calibration tool close to the VOC sensor and close to the CO sensor of the detector during the calibrating of the VOC sensor and a simultaneous calibrating of the CO sensor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Martin and Chadha with the teaching of Zabetakis to include positioning the sensor calibration tool close to the VOC sensor and close to the CO sensor of the detector during the calibrating of the VOC sensor and a simultaneous calibrating of the CO sensor to analyze different components of odors and improve detection accuracy of the sensor.
Claims 2, 7, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Martin, Chadha, and Zabetakis, further in view of Rangel et al. (US20190234920) hereinafter referred to as ‘Rangel’.
Regarding Claim 2, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 1.
Martin discloses the VOC sensor comprises a metal oxide sensor and an electrochemical sensor (Volatile organic compound sensor 210 in accordance with one or more various embodiments can be a sensing element comprised of a metal oxide semiconductor layer formed on an alumina substrate of a sensing chip together with an integrated heater, Col. 14, Lines 23-26).
However, Martin does not explicitly disclose the VOC sensor comprises an electrochemical sensor.
Nevertheless, Rangel discloses the VOC sensor comprises an electrochemical sensor (In the examples described with reference to FIG. 3, the carbon monoxide sensor comprises a screen printed electrochemical sensor [0046]).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Rangel to measure the concentration of VOCs in the air or environment while improving sensitivity and the ability to detect a wide range of VOCs.
Regarding Claim 7, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 5.
Martin discloses the VOC sensor comprises a metal oxide sensor (The sensor component further comprises a temperature module and a relative humidity module. The sensor component includes a sensor power supply configured to supply power to a particulate sensor, a temperature sensor, a relative humidity sensor, a volatile organic compounds sensor, a nitrogen oxides sensor, a carbon monoxide sensor, a combustible gas sensor, a carbon dioxide sensor, or a formaldehyde sensor, Col. 6, Lines 23-27; The air quality monitor can filter conflicting readings associated with two or more of the particulate sensor, the volatile organic compound sensor, the nitrogen oxides sensor, the carbon monoxide sensor, the combustible gas sensor, the carbon dioxide sensor, or a formaldehyde sensor. Col. 7, Lines 54-59).
However, Martin does not explicitly disclose the VOC sensor comprises an electrochemical sensor.
Nevertheless, Rangel discloses the VOC sensor comprises an electrochemical sensor (In the examples described with reference to FIG. 3, the carbon monoxide sensor comprises a screen printed electrochemical sensor [0046]).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Rangel to measure the concentration of VOCs in the air or environment while improving sensitivity and the ability to detect a wide range of VOCs.
Regarding Claim 16, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 15.
Martin discloses the VOC sensor comprises a metal oxide sensor (The sensor component further comprises a temperature module and a relative humidity module. The sensor component includes a sensor power supply configured to supply power to a particulate sensor, a temperature sensor, a relative humidity sensor, a volatile organic compounds sensor, a nitrogen oxides sensor, a carbon monoxide sensor, a combustible gas sensor, a carbon dioxide sensor, or a formaldehyde sensor, Col. 6, Lines 23-27;The air quality monitor can filter conflicting readings associated with two or more of the particulate sensor, the volatile organic compound sensor, the nitrogen oxides sensor, the carbon monoxide sensor, the combustible gas sensor, the carbon dioxide sensor, or a formaldehyde sensor. Col. 7, Lines 54-59; Prior to deployment and/or periodically over the life expectancy of air quality monitor 102, air quality monitor 102 and/or the sensors included within air quality monitor 102 can be subjected to calibration and/or re-calibration, wherein the sensors can be calibrated by individually placing the sensors, placing two or more sensors, or placing air quality monitor 102 in a calibration chamber wherein gases, such as, nitrogen oxide, carbon monoxide, carbon dioxide, hydrogen sulfide, volatile organic compounds, combustible gases, and the like can be introduced into the calibration chamber at identified levels... The curves determined or ascertained from these calibration activities can be utilized by air quality monitor 102 and/or server 108 to provide indication of the air quality in the residential house, Col. 16, Lines 34-55).
However, Martin does not explicitly disclose the VOC sensor comprises an electrochemical sensor.
Nevertheless, Rangel discloses the VOC sensor comprises an electrochemical sensor (In the examples described with reference to FIG. 3, the carbon monoxide sensor comprises a screen printed electrochemical sensor [0046]).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Rangel to measure the concentration of VOCs in the air or environment while improving sensitivity and the ability to detect a wide range of VOCs.
Claims 4, 9, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Martin, Chadha, and Zabetakis, further in view of Shi et al. (US20200367543) hereinafter referred to as ‘Shi’.
Regarding Claim 4, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 1.
Martin discloses the detector comprises the VOC sensor and a CO sensor, which is previously calibrated (as discussed above), the calibrating of the VOC sensor comprises exposing the VOC sensor to the CO (as discussed above), the exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor (In addition, in the context of calibration and re-calibration of sensors associated with deployed air quality monitors, measurements from various sensors deployed in one or more deployed air quality monitor located in a single residential house or multiple residential houses dispersed across various geographical areas can be employed for purposes of generating calibration curves that can be employed by server 108 for purposes of calibration and/or recalibration of sensors in deployed air quality monitors (e.g., air quality monitor 102). It should also be noted, that the calibration/recalibration of sensors in deployed air quality monitors can be automated, Col. 16, Lines 64 - Col. 17, Lines 1-7), and the previously calibrated CO sensor is used to measure a quantity of the CO by which the VOC sensor is calibrated (as discussed above).
However, Martin does not explicitly disclose the exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and close to the previously calibrated CO sensor during exposure of an unknown quantity of CO to the VOC sensor and the previously calibrated CO sensor.
Nevertheless, Shi discloses exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and close to the previously calibrated CO sensor during exposure of an unknown quantity of CO to the VOC sensor and the previously calibrated CO sensor (As further described in embodiments, profiling of volatile compounds can be achieved using gas chromatography-mass spectrometry (GC-MS). In addition, in some embodiments, GC is combined with detection by electron impact mass spectrometry (EI-MS) for high chromatographic resolution, sensitivity, compound-specific detection, quantification, and properties and reproducible labeled spectra. It provides the possibility of identifying unknown volatiles, in addition to the retention time on a gas chromatograph [0414]).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Shi to analyze different components of odors and improve detection accuracy of the sensor.
Regarding Claim 9, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 5.
Martin discloses the calibrating of the VOC sensor comprises exposing the VOC sensor to the CO, the CO sensor is previously calibrated (as discussed above), as discussed above) and the previously calibrated CO sensor is used to measure a quantity of the CO by which the VOC sensor is calibrated (as discussed above).
However, Martin does not explicitly disclose exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and close to the previously calibrated CO sensor during exposure of an unknown quantity of CO to the VOC sensor and the previously calibrated CO sensor.
Nevertheless, Shi discloses exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and close to the previously calibrated CO sensor during exposure of an unknown quantity of CO to the VOC sensor and the previously calibrated CO sensor (As further described in embodiments, profiling of volatile compounds can be achieved using gas chromatography-mass spectrometry (GC-MS). In addition, in some embodiments, GC is combined with detection by electron impact mass spectrometry (EI-MS) for high chromatographic resolution, sensitivity, compound-specific detection, quantification, and properties and reproducible labeled spectra. It provides the possibility of identifying unknown volatiles, in addition to the retention time on a gas chromatograph [0414]).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Shi to analyze different components of odors and improve detection accuracy of the sensor.
Regarding Claim 18, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 15.
Martin discloses the exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and close to the CO sensor of the detector during exposure of CO to the VOC sensor and the CO sensor (as discussed above), and the CO sensor is previously-calibrated and is used to measure the quantity of CO and to use the measured value to calibrate the VOC sensor (as discussed above).
However, Martin does not explicitly disclose exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and the previously calibrated CO sensor during exposure of an unknown quantity of CO to the VOC sensor and the previously calibrated CO sensor.
Nevertheless, Shi discloses exposing of the VOC sensor to the CO comprises positioning the sensor calibration tool close to the VOC sensor and the previously calibrated CO sensor during exposure of an unknown quantity of CO to the VOC sensor and the previously calibrated CO sensor (As further described in embodiments, profiling of volatile compounds can be achieved using gas chromatography-mass spectrometry (GC-MS). In addition, in some embodiments, GC is combined with detection by electron impact mass spectrometry (EI-MS) for high chromatographic resolution, sensitivity, compound-specific detection, quantification, and properties and reproducible labeled spectra. It provides the possibility of identifying unknown volatiles, in addition to the retention time on a gas chromatograph [0414]).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Shi to analyze different components of odors and improve detection accuracy of the sensor.
Claims 11-12 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Martin, Chadha, and Zabetakis, and further in view of Janu et al. (US5292280) hereinafter referred to as ‘Janu’.
Regarding Claim 11, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 5.
Martin discloses the calibrating of the VOC sensor comprises exposing the VOC sensor to the CO for at least a relatively short exposure time of about 4-15 minutes (as discussed above).
However, Martin does not explicitly disclose the calibrating of the VOC sensor comprises exposing the VOC sensor to the CO for at least a relatively short exposure time of about 4-15 minutes.
Nevertheless, Janu discloses CO for at least a relatively short exposure time of about 4-15 minutes (The present inventors have determined that carbon dioxide (CO.sub.2) 1 produced by humans during respiration, is a particularly useful trace gas for a number of reasons. For example, the CO.sub.2 concentration of outside air remains fairly constant over short periods of time and is fairly uniform throughout the United States, ranging from approximately 370 to 440 parts per million (ppm), and generally about 400 (ppm) depending on location, Col. 7, Lines 33-40).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Janu to analyze different components of odors and improve calibration procedures for optimal results.
Regarding Claim 12, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 11.
Martins discloses the CO (as discussed above).
However, Martin does not explicitly disclose the CO has about a 400 PPM concentration during the relatively short exposure time.
Nevertheless, Janu discloses the CO has about a 400 PPM concentration during the relatively short exposure time (The present inventors have determined that carbon dioxide (CO.sub.2) 1 produced by humans during respiration, is a particularly useful trace gas for a number of reasons. For example, the CO.sub.2 concentration of outside air remains fairly constant over short periods of time and is fairly uniform throughout the United States, ranging from approximately 370 to 440 parts per million (ppm), and generally about 400 (ppm) depending on location, Col. 7, Lines 33-40).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Janu to analyze different concentrations of odors and improve calibration procedures for optimal results.
Regarding Claim 19, Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 15.
Martin discloses calibrating and re- calibrating of the VOC sensor comprises exposing the VOC sensor to the CO (as discussed above).
However, Martin does not explicitly disclose the calibrating of the VOC sensor comprises exposing the VOC sensor to the CO for at least a relatively short exposure time of about 4-15 minutes.
Nevertheless, Janu discloses CO for at least a relatively short exposure time of about 4-15 minutes (The present inventors have determined that carbon dioxide (CO.sub.2) 1 produced by humans during respiration, is a particularly useful trace gas for a number of reasons. For example, the CO.sub.2 concentration of outside air remains fairly constant over short periods of time and is fairly uniform throughout the United States, ranging from approximately 370 to 440 parts per million (ppm), and generally about 400 (ppm) depending on location, Col. 7, Lines 33-40).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Janu to analyze different components of odors and improve calibration procedures for optimal results.
Regarding Claim 20,Martin, Chadha, and Zabetakis disclose the claimed invention discussed in claim 19.
Martin discloses the CO (as discussed above).
However, Martin does not explicitly disclose the CO has about a 400 PPM concentration during the relatively short exposure time.
Nevertheless, Janu discloses the CO has about a 400 PPM concentration during the relatively short exposure time (The present inventors have determined that carbon dioxide (CO.sub.2) 1 produced by humans during respiration, is a particularly useful trace gas for a number of reasons. For example, the CO.sub.2 concentration of outside air remains fairly constant over short periods of time and is fairly uniform throughout the United States, ranging from approximately 370 to 440 parts per million (ppm), and generally about 400 (ppm) depending on location, Col. 7, Lines 33-40).
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 invention of Martin, Chadha, and Zabetakis with the teaching of Janu to analyze different concentrations of odors and improve calibration procedures for optimal results.
Response to Arguments
35 USC § 112
Applicant’s arguments, filed 03/09/2026, with respect to claims 1-20 have been fully considered and are persuasive. The rejection of claims 1-20 have been withdrawn.
35 USC § 103
Applicant's arguments filed 03/09/2026 have been fully considered but they are not persuasive.
The Applicant argues (p. 8): “ The reference to Martin is silent as to the claimed features of "re-calibrating the VOC sensor using the CO as the calibrant following the field deployment" with "the calibrating and the re-calibrating of the VOC sensor" both being executed "by positioning a sensor calibration tool close to the VOC sensor." This is because, to whatever extent Martin discloses the previously claimed calibrating feature prior to field deployment by placement of a VOC sensor in a calibration tool (the applicant does not accede to this point), Martin is silent as to doing the same procedure following field deployment”.
The Examiner disagrees and submits that “The reference to Martin is silent as to the claimed features of "re-calibrating the VOC sensor… ” which Martin discloses using wireless or wired modalities (Col. 16, Lines 53-57) to produce calibration curves and in combination with the secondary reference, Chadha can recalibrate… following the field deployment.
The Applicant argues (p. 8): “The amendments to claims 2, 7 and 16 recite that the calibrating of the VOC sensor includes a metal oxide sensor and an electrochemical sensor. The term "electrochemical sensor" has a clean and plain meaning in the art in that "electrochemical gas sensors are gas detectors that measure the concentration of a target gas by oxidizing or reducing the target gas at an electrode and measuring the resulting current." Electrochemical sensors contain two or three electrodes, occasionally four, in contact with an electrolyte. The working electrode contacts both the electrolyte and the ambient air to be monitored, usually via a porous membrane. Gas diffuses into the sensor to the working electrode, where it is oxidized or reduced. This electrochemical reaction results in an electric current that passes through the external circuit “.
The Examiner respectfully disagrees and submits that Martin discloses a carbon monoxide sensor that can having a sensing element comprised of a metal oxide semiconductor layer, i.e., metal oxide sensor, and in combination with the secondary reference, Rangel which includes an electrochemical sensor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/SHARAH ZAAB/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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