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 .
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.
Claim 14 is 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.
It is unclear whether claim 14 includes the scop of claim 1 or whether it is just an intended use. Applicant is urged to recite “A test apparatus comprising: a pH meter for measuring the pH of a liquid sample; an ORP meter for measuring the ORP of a standard oxidant; and a titration device for determining titration volume of the liquid sample; caring out the method of claim 1 with the test apparatus.
Claim Objections
Claim 15 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim of claim 1 and claim 14. See MPEP § 608.01(n). Therefore the scope is not clear. Accordingly, the claim 15 is not been further treated on the merits.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a method of determining an antioxidant capacity of a liquid sample without significantly more. The claim(s) recite(s) calculating an antioxidant capacity based upon the sample titration volume. This judicial exception is not integrated into a practical application because the step of calculating an antioxidant capacity based upon the sample titration volume can be performed in the mind. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the step of determining a sample titration volume of the liquid sample necessary for bringing ORP of the standard oxidant of a pre-determined volume to a neutral reference value is considered insignificant extra-solution activity. The abstract idea is not integrated into practical application. The additional elements are recited at a high level of generality.
Claim 14 is directed to a test apparatus that uses the method of claim 1, and comprises a pH meter, an ORP meter and a titration device for determining titration volume of the liquid sample. The titration device can be performed in the mind by counting the number drops and determining the volume of the liquid sample.
Conclusion
Pertinant art cited but not relied upon for a rejection because they do not specifically teach the method steps recited in claim 1.
Martin (US 2002/0152036) teaches a method and apparatus for controlling and optimizing the feed of two or more oxidizers to an aqueous stream, thereby providing a synergistic effect. The system combines the use of amperometric or ORP based sensor technology with amperometric sensor technology employing a gas permeable membrane, thereby providing definitive control of each oxidizer feed stream.
Sportsman (US 2013/0203171) teaches a device and reagents to be used in conjunction therewith for the determination of the level of sulfite or related species, including sulfur dioxide (SO.sub.2), in red or white wine, musts, beer, juices, water, industrial process streams and other opaque media is described. The device provides electrodes and circuits designed for amperometric detection of the titration endpoint and for indicating by sight, sound or touch when the endpoint has been reached. The reagents allow quantitative volumetric determination of the iodometric endpoint when used with the device. The sulfite or related species levels are related directly to the volume of the quantitative reagents used.
RU 2711410 (Vladimirovna) relates to electrochemical analysis methods, particularly to analysis of solutions for determination of total antioxidant capacity. A method of determining antioxidant capacity of a solution using a potentiometric method, in which a phosphate buffer solution is prepared in advance, to which a system is added which contains an simultaneously oxidized and reduced form of metal in the complex compound K3[Fe(CN)6]/K4[Fe(CN)6], and evaluation of antioxidant capacity is carried out by change in oxidation-reduction potential of solution, measured between working platinum electrode and chloride-silver comparison electrode, recorded before and after introduction into initial solution of analyzed substance. From the total antioxidant capacity of the solution, a reducing and chelating reservoir is recovered, wherein the reducing capacity is pre-determined by potentiometric titration with an oxidized form of the reagent (K3[Fe(CN)6. Chelating reservoir is determined as the difference between the antioxidant capacity and the recovery capacity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
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