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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/29/2026 has been entered.
Claim Objections
The objection to Claim 1 is withdrawn based on the amendments filed on 1/29/2026.
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.
Claim(s) 1-5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimadzu (JP2018-036147A, cited on Applicant’s IDS dated 1/27/2023) in view of Zhu et al (U.S. Pub. No. 2022/0357303, hereinafter “Zhu”), and Saito (JP-H04174647-A, cited on Applicant’s IDS dated 8/11/2025, translation provided with this Office Action).
Regarding independent Claim 1, Shimadzu teaches an odor evaluation device (Fig. 1, odor evaluation apparatus, paragraphs [0017]-[0020]) comprising: a gas chromatograph unit (Fig. 1, GC unit 1) to receive a sample gas and output a plurality of different components of the sample gas in a time shifted manner (paragraph [0031], time lag, and paragraph [0033]); and a gas recovery unit (gas recovery unit 5), the gas recovery unit includes a gas collecting unit (autosampler 54), the gas collecting unit includes: an inlet port configured to introduce the sample gas containing odor components (outlet port 52, paragraph [0020], takes sample gas into and out of sample bag SB), an outlet port configured to mount a sample bag for recovering the sample gas (mounting port 51 and sample bags SB), a flow path connecting the inlet port and the outlet port (Fig. 1, paragraph [0020]), and a switching valve arranged in the flow path, the switching valve being configured to open and close the outlet port (autosampler 54 including path switching unit 53).
Shimadzu does not specifically teach a cleaning gas supply unit, that the sample bags are detachably mounted on the outlet port, and wherein the cleaning gas supply unit is configured to supply a cleaning gas from an upstream side of the switching valve toward the outlet port in a state in which the sample bag is not mounted on the outlet port and the switching valve is opened. However, Zhu teaches a cleaning gas supply unit (paragraph [0042, purge gas source), that the sample bags are detachably mounted on the outlet port (paragraph [0047], sample containers can be physically disconnected from the gas sample selector), and wherein the cleaning gas supply unit is configured to supply a cleaning gas from an upstream side of the switching vale toward the outlet port in a state in which the sample bag is not mounted on the outlet port and the switching valve is opened (paragraph [0047], selector valve switches among various positions so that residual gas is removed from the loading conduits). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the purge gas of Zhu in the system of Shimadzu, in order to clean the sample flowpath thoroughly to remove sample residue, and minimize carryover (see Zhu, paragraph [0047]).
Shimadzu in view of Zhu does not specifically teach a heating unit configured to heat a cleaning gas flowing through a flow path connecting the cleaning gas supply unit and the gas collecting unit, that the cleaning gas supply unit includes a pump to discharge the sample gas and a cleaning gas, that the sample gas is discharged by the pump, and that the heating unit is provided on an outer periphery of the flow path between the pump and the inlet port, the heating unit configured to heat the cleaning gas discharged by the pump. However, as noted above, Shimadzu in view of Zhu teaches a flow path connecting the cleaning gas supply unit (paragraph [0042, purge gas source of Zhu) and the gas collecting unit (autosampler 54 of Shimadzu), a heating unit configured to heat a gas flowing through a flow path in order to smooth the flow path of a gas (paragraph [0019], heater 41 of Shimadzu) and a pump (pump 36 of Shimadzu) for propelling gases through the system. Further, Saito teaches teach a heating unit (Fig. 1, heating method 35) configured to heat a cleaning gas flowing through a flow path (bad smell supply route 27) connecting the cleaning gas supply unit (gas bag 15 is filled with clean air for cleaning, see page 4), that the cleaning gas supply unit includes a pump (Fig. 2, vacuum pumps 18 and 19) to discharge the sample gas and a cleaning gas, that the sample gas is discharged by the pump (vacuum pumps 18 and 19), and the heating unit configured to heat the cleaning gas discharged by the pump (heating method 35). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the pump and heating method of Saito in the system of Shimadzu and Zhu, because the heating causes smell molecules to separate from the walls of the supply route (see Saito, page 4).
Shimadzu in view of Zhu and Saito does not specifically teach that the heating unit is provided on an outer periphery of the flow path between the pump and the inlet port. However, Shimadzu in view of Zhu and Saito do teach a heating unit provided on a flow path between a pump and a port (see above). It would have been obvious to one skilled in the art before the effective filing date of the invention to place the heating units taught in Shimadzu and/or Saito on an outer periphery of the flow path between the pump and the inlet port, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 C (CCPA 1950). Further, no advantage, particular purpose or solution to the problem of the cleaning is disclosed by the claimed configuration, and the configuration taught in the prior art would perform the cleaning equally well as the claimed invention (see Clapp, 227 USPQ at 973).
Regarding Claim 2, Shimadzu in view of Zhu and Saito teaches everything that is claimed above with respect to Claim 1. Shimadzu further teaches an instruction reception unit (paragraph [0020], autosampler 54 including path switching unit 53 receives commands to switch between the plurality of sample bags SB connected to ports 51) . Shimadzu does not specifically teach that the instruction reception unit is configured to accept an execution instruction of a cleaning operation; and a cleaning gas supply controller configured to cause the cleaning gas supply unit to execute an operation of supplying the cleaning gas based on that the instruction reception unit accepts the execution instruction. However, Zhu teaches the instruction reception unit is configured to accept an execution instruction of a cleaning operation; and a cleaning gas supply controller configured to cause the cleaning gas supply unit to execute an operation of supplying the cleaning gas based on that the instruction reception unit accepts the execution instruction (paragraph [0047], sweep mode; paragraph [0044], controller is part of gas sample selector that sends commands to the various valves). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the purge gas, sweep mode, and controller of Zhu in the system of Shimadzu, in order to clean the sample flowpath thoroughly to remove sample residue, and minimize carryover (see Zhu, paragraph [0047]).
Regarding Claim 3, Shimadzu in view of Zhu and Saito teaches everything that is claimed above with respect to Claim 1. Shimadzu further teaches wherein the outlet port comprises a plurality of outlet ports, and wherein the switching valve is configured to individually open and close the plurality of outlet ports (Fig. 1, paragraph [0020], plurality of sample bags SB connected to ports 51, and autosampler 54 including path switching unit 53).
Regarding Claim 4, Shimadzu in view of Zhu and Saito teaches everything that is claimed above with respect to Claim 3. Shimadzu further teaches an instruction reception unit (paragraph [0020], autosampler 54 including path switching unit 53 receives commands to switch between the plurality of sample bags SB connected to ports 51). Shimadzu does not teach that the instruction reception unit is configured to accept an execution instruction of a cleaning operation; and an open/close controller configured to cause the switching valve to open a predetermined outlet port out of the plurality of outlet ports for a predetermined period, based on that the instruction reception unit accepts the execution instruction. However, Zhu teaches the instruction reception unit is configured to accept an execution instruction of a cleaning operation; and an open/close controller configured to cause the switching valve to open a predetermined outlet port out of the plurality of outlet ports for a predetermined period, based on that the instruction reception unit accepts the execution instruction (paragraph [0047], sweep mode; paragraph [0044], controller is part of gas sample selector that sends commands to the various valves; paragraphs [0026], purge times, and paragraphs [0045]-[0046], pre-set time). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the purge gas, sweep mode, and controller of Zhu in the system of Shimadzu, in order to clean the sample flowpath thoroughly to remove sample residue, and minimize carryover (see Zhu, paragraph [0047]).
Regarding Claim 5, Shimadzu in view of Zhu and Saito teaches everything that is claimed above with respect to Claim 1. Shimadzu does not specifically teach wherein the cleaning gas is an inert gas. However, Zhu teaches this in paragraph [0026] (purge gas is chemically inert gas, for example, nitrogen, argon, or helium). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the purge gas of Zhu in the system of Shimadzu, in order to clean the sample flowpath thoroughly to remove sample residue, and minimize carryover (see Zhu, paragraph [0047]).
Regarding Claim 7, Shimadzu in view of Zhu and Saito teaches everything that is claimed above with respect to Claim 1. Shimadzu further teaches a mass spectrometry unit (paragraph [0013], Fig. 1, MS unit 2); a flow path switching unit configured to switch between a first connection that connects the mass spectrometry unit to the gas chromatograph unit and a second connection that connects the gas recovery unit to the gas chromatograph unit; and a data processing unit configured to control the flow path switching unit to switch between the first connection and the second connection based on an output from the mass spectrometry unit (paragraphs [0017], [0031], and [0038]-[0040], valve of the heart cut flow path 13).
Regarding Claim 8, Shimadzu in view of Zhu and Saito teaches everything that is claimed above with respect to Claim 7. Shimadzu further teaches wherein the data processing unit generates a total ion chromatogram (TIC) based on the output from the mass spectrometry unit (paragraphs [0033] and [0038]-[0040]) , and wherein the TIC indicates a timing at which different components of the sample gas are output from the gas chromatograph unit (paragraphs [0032]-[0033], investigate the timing at which the components emerge from the column 10).
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Geisendorfer et al (U.S. Pub. No. 2004/0171868) teaches, in paragraph [0137], pumping purge gas through a heat exchanger is order to flush a reaction zone.
Gebald et al (U.S. Pub. No. 2012/0076711) teaches, in paragraph [0094], pumping and heating a purging gas in order to perform desorption.
Response to Arguments
Applicant's arguments filed 1/29/2026 have been fully considered but they are not persuasive. Applicant argues on pages 5-7 of the Remarks that, because Zhu does not explicitly teach a heater, that Zhu cannot teach the claimed heater configuration. The examiner disagrees, because the claimed heater and pump configuration is merely an obvious rearrangement of elements (i.e., a pump and a heater) that are known for use of purging gases (see, for example, the Shimadzu and Saito references, and also the Geisendorfer and Gebald references cited above in the Prior Art of Record section). A pump (for controlling the flow of gases) and a heater (for smoothing the flow of gases) are explicitly taught in Shimadzu, and also in Saito, which is cited in the updated 103 rejection of the claims above. Applicant does not appear to assert any advantage or particular purpose to the claimed configuration of the pump and heater, and the Examiner notes that any configuration of pump and heater that heats the cleaning gas and causes the cleaning gas to flow through a flow path would work equally well for cleaning the flow path (see Clapp, 227 USPQ at 973).
Conclusion
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/CYNTHIA L DAVIS/Examiner, Art Unit 2863
/SHELBY A TURNER/Supervisory Patent Examiner, Art Unit 2857