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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. A copy of Chinese Application CN202210947933.6 has been filed with a priority date of 09 August 2022.
Drawings
The drawings are objected to because it appears reference characters “32”, second surface, and “31”, first surface, should be switched in Fig. 3 according to paragraph [0024], claim 9, and claim 19. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-2 and 11-12 are objected to because of the following informalities:
Claim 1 recites “a second plate spaced form the second plate” in line 14, however it appears “form” should be “from” for proper grammar;
Claim 1 recites “the fourth plat” in line 25, however it appears the limitation should recite “the fourth plate” for consistency with the rest of the claim;
Claim 2 recites “a elastic cavity” in line 2, however the limitation should recite “an elastic cavity” for proper grammar;
Claim 11 should have a semicolon after “an odor molecular detector” in line 2;
Claim 11 recites “the second opening is configured to faces the selective permeable membrane” in lines 7-8, however “faces” should be “face” for proper grammar;
Claim 11 recites “a second plate spaced form the second plate” in line 10, however it appears “form” should be “from” for proper grammar;
Claim 11 recites “the fourth plat” in line 20, however it appears the limitation should recite “the fourth plate” for consistency with the rest of the claim; and
Claim 12 recites “a elastic cavity” in line 2, however the limitation should recite “an elastic cavity” for proper grammar.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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.
Claim 1 recites the limitation “a second plate spaced [from] the second plate” in line 14, however it is unclear how the second plate can be spaced from itself. It appears the limitation should recite “a second plate spaced [from] the first plate” instead (see Fig. 2). Claim 1 also recites the limitation “the second opening is arranged between the first through hole and the second opening” in lines 17-18, however it is unclear how the second opening can be between itself and something else. It is unclear what is trying to be conveyed via this limitation.
Claims 2-8 are rejected for being dependent upon rejected claim 1.
Claim 9 recites “the second opening faces the second surface” in line 4, however this limitation is not supported in the specification or drawings. It is unclear from Fig. 4, even in corrected as suggested above, how the second opening 12 can face the second surface 32 as they are in different planes. It appears the limitation should recite “the second through hole faces the second surface” instead (see [0024] of the specification, the rest of claim 9 and Fig. 3).
Claim 10 recites “the third through hole faces the third through hole, and the fourth through hole faces the fourth through hole”, however it is unclear how each of the third and fourth through holes can face themselves. It appears the limitation should recite “the third through hole faces the third surface, and the fourth through hole faces the fourth surface” instead (see [0026] of the specification, the rest of claim 10 and Fig. 4).
Claim 11 recites the limitation "wherein the inlet chamber defines a first opening and a second opening" in line 6; “the pump chamber comprises an entrance wall and an exit wall” in line 9; “the inlet valve is moveably arranged” in line 15; and “the outlet valve is movably arranged” in line 19. There is insufficient antecedent basis for “the inlet chamber”; “the pump chamber”; “the inlet valve”; and “the outlet valve” in the claim. It appears the limitations should recite "an inlet chamber defining a first opening and a second opening" in line 6; “a pump chamber comprising an entrance wall and an exit wall” in line 9; “an inlet valve an outlet valve Claim 11 also recites the limitation “a second plate spaced [from] the second plate” in line 10, however it is unclear how the second plate can be spaced from itself. It appears the limitation should recite “a second plate spaced [from] the first plate” instead (see Fig. 2). Claim 11 also recites the limitation “the second opening is arranged between the first through hole and the second opening” in lines 13-14, however it is unclear how the second opening can be between itself and something else. It is unclear what is trying to be conveyed via this limitation.
Claim 12 recites the limitation "wherein the pump assembly …" in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears the limitation should recite “further comprising a pump assembly, wherein the pump assembly …” for proper antecedent basis.
Claims 13-18 are rejected for being dependent upon rejected claim 11.
Claim 19 recites “the second opening faces the second surface” in line 4, however this limitation is not supported in the specification or drawings. It is unclear from Fig. 4, even in corrected as suggested above, how the second opening 12 can face the second surface 32 as they are in different planes. It appears the limitation should recite “the second through hole faces the second surface” instead (see [0024] of the specification, the rest of claim 19 and Fig. 3).
Claim 20 recites “the third through hole faces the third through hole, and the fourth through hole faces the fourth through hole”, however it is unclear how each of the third and fourth through holes can face themselves. It appears the limitation should recite “the third through hole faces the third surface, and the fourth through hole faces the fourth surface” instead (see [0026] of the specification, the rest of claim 20 and Fig. 4).
Examiner’s Comment
Claims 1 and 11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The closest prior art to the instant application is United States Patent Application Publication US 2023/0324344 to Oshita; United States Patent Application Publication US 2018/0142684 to Abel et al. (herein Abel); and United States Patent 5,439,178 to Peterson.
Oshita discloses an odor detection device 100 (i.e., a gas analysis device) (see [0046]; Fig. 3) comprising: sensor elements 154 (i.e., an odor molecular detector) (see [0047]; Figs. 6-9); filter 181 (i.e., a selective permeable membrane) (see [0047]; Figs. 3-4); and a gas sampling mechanism (see Fig. 4) ; wherein the gas sampling mechanism comprises: a sensor chamber 171 (i.e., an inlet chamber) (see [0047]; Fig. 4); flow channel 101 (i.e., a pump chamber) connected to the inlet chamber via opening 142 (see [0078,0084]; Figs. 4, 19, & 20); a pump assembly 152/153 connected to the pump chamber 101 (see Fig. 4); an outlet valve between the pump chamber and the external environment (see [0120]); wherein the inlet chamber 171 defines a first opening 172 and a second opening 173 (see [0047]; Fig. 4); the first opening 172 communicates with the external environment (see [0103]; Fig. 4), the second opening 173 is configured to communicate with the odor molecular detector 154 (see Fig. 4); the pump chamber 101 comprises an entrance wall 113b and an exit wall 113c surrounding opening 142, the entrance wall comprises first and second plates 113c spaced apart from each other, the first plate defines a first through hole (between first plate 113c and side wall 113b), the second plate defines a second through hole (between second plate 113c and side wall 113b), the exit wall 113c comprises a third plate and a fourth plate perpendicular to each other, the third plate defining a third through hole between end of third plate and side wall 113b, the fourth plate defining a fourth through hole between end of fourth plate and side wall 113b leading to opening 142 (see Fig. 19).
Peterson discloses pump assembly configured to connect to a supply container and configured to compress a liquid inside the chamber (see Summary of the Invention).
Abel discloses a diaphragm pump comprising a pump chamber, the pump chamber being connected to an inlet chamber via an inlet valve and an outlet chamber via an outlet valve, wherein fluid flow is controlled via opening and closing of said valves (see abstract).
However, none of the cited prior art, alone or in combination teaches nor fairly suggests “the inlet valve is movably arranged between the first plate and the second plate, a first direction is defined as a direction from the first plate to the second plate, a projection of the first through hole along the first direction falls within the inlet valve, a projection of the inlet valve along the first direction falls within the second through hole; the outlet valve is movably arranged between the third plate and the fourth plate, a second direction is defined as a direction from the third plate to the fourth [plate], a projection of the third through hole along the second direction falls within the outlet valve, a projection of the outlet valve falls within the fourth through hole” a recited in instant, independent claims 1 and 11.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHRYN E LIMBAUGH whose telephone number is (571)272-0787. The examiner can normally be reached Monday-Thursday 7:00-5:00.
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/KATHRYN ELIZABETH LIMBAUGH/Primary Examiner, Art Unit 1797