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 listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Objections
Claims 3-6, 16-19 are objected to because of the following informalities:
Regarding claims 3, ll. 2-4 recite “the alkaline organic medium is selected from the group consisting of an alkaline organic solvent and an alkaline mixed solvent comprising an alkaline organic substance and an organic solvent”. The limitations lack clarity of scope. The Applicant may amend the claim to recite “the alkaline organic medium is selected from the group consisting of an alkaline organic solvent and an alkaline mixed solvent, wherein the alkaline mixed solventcomprises an alkaline organic substance and an organic solvent.
Claim 4-6, 16-19 are rejected based on dependency of all of the limitations of claim 3.
Regarding claims 16-19, step 1 recites “1) adding the alkaline organic solvent or the alkaline mixed solvent comprising the alkaline organic substance and the organic solvent into a reaction vessel”. The limitations lack clarity of scope. The Applicant may amend the claim to recite “1) adding the alkaline organic solvent or the alkaline mixed solvent into a sample reaction vessel, wherein the alkaline mixed solventcomprises the alkaline organic substance and the organic solvent”. See 112(b) rejection below regarding “sample reaction vessel”.
Claim 4-6, 16-19 are rejected based on dependency of all of the limitations of claim 3.
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 1-13, 15-21 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.
Regarding claim 1, ll. 3-5 recites “adding an FBPc organic solution having a same volume as that of the alkaline organic medium in each of the reaction vessels”. It is unclear whether the FBPc organic solution is being added to the same plurality of reaction vessels that contain the alkaline organic medium or is the limitation only stating that the alkaline organic medium is present in each of the reaction vessels. Applicant may amend l. 4 to recite “into” instead of “in”. See proposed Examiner’s amendment below.
Claim 2-13, 15-21 are rejected based on dependency of all of the limitations of claim 1.
Regarding claim 1, ll. 4-5 recite “each of the reaction vessels”. It is unclear whether these are the same reaction vessels as the “plurality of reaction vessels” in l. 3 or different reaction vessels. Applicant may amend l. 4 to recite “each of the plurality of reaction vessels”. See proposed Examiner’s amendment below.
Claim 2-13, 15-21 are rejected based on dependency of all of the limitations of claim 1.
Regarding claim 1, ll. 5-6 recites “adding lithium ion organic solutions with increasing concentrations in sequence”. It is unclear as to which structure the lithium ion organic solutions are being added. Is it each of the plurality of reactions vessels or only one of the plurality of reaction vessels? Applicant may amend l. 6 to recite “adding lithium ion organic solutions to each of the plurality of reaction vessels with increasing concentrations in sequence”. See proposed Examiner’s amendment below.
Claim 2-13, 15-21 are rejected based on dependency of all of the limitations of claim 1.
Regarding claim 1, l. 6 recites “diluting an obtained reaction system”. It is unclear what constitutes “an obtained reaction system”. Is it the contents of the plurality of reactions vessels or the contents of only one of the plurality of reaction vessels? Applicant may amend l. 6 to recite “diluting the contents of each of the plurality of reaction vessels to form a ”. See proposed Examiner’s amendment below.
Claim 2-13, 15-21 are rejected based on dependency of all of the limitations of claim 1.
Regarding claim 1, l. 6 recites “allowing to stand to conduct a reaction”. It is unclear whether the reaction system is being allowed to stand to conduct a reaction or only one of the plurality of reaction vessels. Applicant may amend the claim to recite “allowing the reaction system to stand to conduct a reaction”. See proposed Examiner’s amendment below.
Claim 2-13, 15-21 are rejected based on dependency of all of the limitations of claim 1.
Regarding claims 1, 13, 15-20 , ll. 7-8 in claim 1 and step 4 in claims 13, 15-20 recite “fluorescence peak”. It is unclear as to whether the fluorescence peak pertains to a lithium ion, FBPc, or lithium phthalocyanine. Paragraph [0018] of the instant publication US 20240328946 A1 states that peaks at 605nm and 673 are representative of lithium phthalocyanine as demonstrated in Fig. 1. Applicant may amend the claims to recite “corresponding to lithium phthalocyanine” after “fluorescence peak”. See proposed Examiner’s amendment below.
Claim 2-12, and 21 are rejected based on dependency of all of the limitations of claim 1.
Regarding claim 4, l. 6 recites “selected from but not limited to the group consisting of”. MPEP 2111.03 states that “The transitional phrase "consisting of" excludes any element, step, or ingredient not specified in the claim”. It is therefore unclear whether the selection can only come from the elements listed in the claims. Applicant may amend the claim to recite either “selected from ” or “selected from comprising of”. See proposed Examiner’s amendment below.
Claim 5-6 are rejected based on dependency of all of the limitations of claim 4.
Regarding claim 7, l. 3 states “relatively”. The term “relatively” in claim 7 is a relative term which renders the claim indefinite. The term “relatively” 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. It is unclear how high the solubility will need to be in order to meet the claim limitation. The claim is therefore indefinite. The Applicant may amend ll. 2-3 of the claim to recite “an organic solvent of the FBPc organic solution has a higher solubilitythan FBPc”.
Claim 20 is rejected based on dependency of all of the limitations of claim 7.
Regarding claim 9, l. 4 recites “the corresponding calibration curve”. There is insufficient antecedent basis for this limitation in the claim. The Applicant may amend the claim by replacing “a corresponding working curve” in l. 3 with “a corresponding calibration curve”.
Claim 10 is rejected based on dependency of all of the limitations of claim 9.
Regarding claim 13, ll. 5-6 recite “the alkaline organic solvent,” “the alkaline mixed solvent,” “the alkaline organic substance,” and “the organic solvent”. There is insufficient antecedent basis for these limitations in the claim. It appears as though the claim is written to depend on claim 3, however claim 13 depends on claim 1. Since claim 16, which is dependent on claim 3, has the same limitations as claim 13, the Applicant may either amend ll. 5-6 of claim 13 to recite “1) adding the alkaline organic medium into a sample reaction vessel” or cancel claim 13. See proposed Examiner’s amendment below.
Regarding claims 13, 15-20, ll. 6-8 in claim 13 and ll. 5-7 in claims 15-20 recite “reaction vessel”. It is unclear whether this is the same reaction vessel as the “plurality of reaction vessels” in l. 3 of independent claim 1 or a different reaction vessel containing the sample solution. Applicant may amend the claims to recite “a sample reaction vessel”. See proposed Examiner’s amendment below.
Regarding claims 13, 15-20, l. 9 in claim 13 and l. 8 in claims 13, 15-20 recite “allowing an obtained reaction system to stand”. It is unclear whether this is the same “obtained reaction system” recited in l. 6 of independent claim 1 or a different obtained reaction system that includes the sample solution. Applicant may amend the claims to recite “allowing the contents of the sample reaction vessel to stand to form a sample reaction system”. Applicant may also amend l. 10 in claim 13 and l. 9 in claims 13, 15-20 to recite “sample reaction system”. See proposed Examiner’s amendment below.
Regarding claims 13, 15-20, step 4 recites “the fluorescence spectrum of the reaction system”. It is unclear whether this is the same “fluorescence spectrum” recited in l. 6 of independent claim 1 or a fluorescence spectrum that includes the sample solution. Applicant may amend the claims to recite “a fluorescence spectrum”. See proposed Examiner’s amendment below.
Regarding claims 13, 15-20, step 4 recites “the relative fluorescence intensity at the fluorescence peak”. It is unclear whether this is the same fluorescence intensity and fluorescence peak recited in ll. 7-8 of independent claim 1 or a fluorescence intensity and fluorescence peak that includes the sample solution. Applicant may amend the claims to recite “a relative fluorescence intensity at a fluorescence peak”. See proposed Examiner’s amendment below.
Regarding claims 15 and 20, ll. 4-5 recite “the alkaline organic solvent,” “the alkaline mixed solvent,” “the alkaline organic substance,” and “the organic solvent”. There is insufficient antecedent basis for these limitations in the claim. It appears as though the claim is written to depend on claim 3. Applicant may amend ll. 5-6 of claims 15 and 20 to recite “1) adding the alkaline organic medium into a sample reaction vessel”. Or Applicant may amend the claim to recite 1) “adding the alkaline organic medium into a sample reaction vessel, wherein the alkaline organic medium is selected from the group consisting of an alkaline organic solvent and an alkaline mixed solvent, and wherein the alkaline mixed solvent comprises an alkaline organic substance and an organic solvent “. See proposed Examiner’s amendment below.
PROPOSED EXAMINER’S AMENDMENT
1. (Original) A fluorescence analysis method for lithium ion determination using free-base phthalocyanine (FBPc) as a molecular probe, comprising the following steps:
adding an alkaline organic medium separately into a plurality of reaction vessels, and adding an FBPc organic solution having a same volume as that of the alkaline organic medium into each of the plurality of reaction vessels; adding lithium ion organic solutions to each of the plurality of reaction vessels with increasing concentrations in sequence; diluting the contents of each of the plurality of reaction vessels to form a the reaction system to stand to conduct a reaction, scanning a fluorescence spectrum of the reaction system, and determining a relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine.
3. (Original) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 1, wherein the alkaline organic medium is selected from the group consisting of an alkaline organic solvent and an alkaline mixed solvent, wherein the alkaline mixed solventcomprises an alkaline organic substance and an organic solvent.
4. (Original) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 3, wherein the alkaline organic solvent or the alkaline organic substance in the alkaline mixed solvent is “selected from comprising of” diethylamine, triethylamine, butylamine, ethanolamine, isopropylamine, pyridine, hexahydropyridine, morpholine, quinoline, benzothiazole, tetramethylethylenediamine, triethylenetetramine, and N,N-dimethyl-1,3-diaminopropane.
7. (Original) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 1, wherein an organic solvent of the FBPc organic solution has a higher solubilitythan FBPc, and is selected from the group consisting of N,N-dimethylformamide (DMF), dimethyl sulfoxide (DMSO), sulfolane, chlorobenzene, and quinoline.
9. (Original) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 1, wherein serial concentrations of the lithium ion organic solutions fall within a linear range of a corresponding calibration curve; and the linear range of the corresponding calibration curve refers to a calibration curve range corresponding to determination of a lithium ion concentration determined by a concentration of the FBPc organic solution.
13. (Currently Amended) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 1, wherein a sample solution is subjected to experimental operation and detection according to the following steps:
1) adding the alkaline organic medium into a sample reaction vessel
2) adding the FBPc organic solution into the sample reaction vessel;
3) adding the sample solution into the sample reaction vessel; and
4) allowing the contents of the sample reaction vessel to stand to form a sample reaction system, scanning a fluorescence spectrum of the sample reaction system, and determining a relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine; and
calculating a lithium ion content in the sample solution according to obtained determined results.
15. (New) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 2, wherein a sample solution is subjected to experimental operation and detection according to the following steps:
1) adding the alkaline organic medium into a sample reaction vessel, wherein the alkaline organic medium is selected from the group consisting of an alkaline organic solvent and an alkaline mixed solvent, and wherein the alkaline mixed solvent comprises an alkaline organic substance and an organic solvent
2) adding the FBPc organic solution into the sample reaction vessel;
3) adding the sample solution into the sample reaction vessel; and
4) allowing the contents of the sample reaction vessel to stand to form a sample reaction system, scanning a fluorescence spectrum of the sample reaction system, and determining a relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine; and
calculating a lithium ion content in the sample solution according to obtained determined results.
16. (New) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 3, wherein a sample solution is subjected to experimental operation and detection according to the following steps:
1) adding the alkaline organic solvent or the alkaline mixed solvent into a sample reaction vessel, wherein the alkaline mixed solventcomprises the alkaline organic substance and the organic solvent
2) adding the FBPc organic solution into the sample reaction vessel;
3) adding the sample solution into the sample reaction vessel; and
4) allowing the contents of the sample reaction vessel to stand to form a sample reaction system, scanning a fluorescence spectrum of the sample reaction system, and determininga relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine; and
calculating a lithium ion content in the sample solution according to obtained determined results.
17. (New) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 4, wherein a sample solution is subjected to experimental operation and detection according to the following steps:
1) adding the alkaline organic solvent or the alkaline mixed solvent into a sample reaction vessel, wherein the alkaline mixed solventcomprises the alkaline organic substance and the organic solvent
2) adding the FBPc organic solution into the sample reaction vessel;
3) adding the sample solution into the sample reaction vessel; and
4) allowing the contents of the sample reaction vessel to stand to form a sample reaction system, scanning a fluorescence spectrum of the sample reaction system, and determininga relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine; and
calculating a lithium ion content in the sample solution according to obtained determined results.
18. (New) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 5, wherein a sample solution is subjected to experimental operation and detection according to the following steps:
1) adding the alkaline organic solvent or the alkaline mixed solvent into a sample reaction vessel, wherein the alkaline mixed solventcomprises the alkaline organic substance and the organic solvent
2) adding the FBPc organic solution into the sample reaction vessel;
3) adding the sample solution into the sample reaction vessel; and
4) allowing the contents of the sample reaction vessel to stand to form a sample reaction system, scanning a fluorescence spectrum of the sample reaction system, and determininga relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine; and
calculating a lithium ion content in the sample solution according to obtained determined results.
19. (New) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 6, wherein a sample solution is subjected to experimental operation and detection according to the following steps:
1) adding the alkaline organic solvent or the alkaline mixed solvent into a sample reaction vessel, wherein the alkaline mixed solventcomprises the alkaline organic substance and the organic solvent
2) adding the FBPc organic solution into the sample reaction vessel;
3) adding the sample solution into the sample reaction vessel; and
4) allowing the contents of the sample reaction vessel to stand to form a sample reaction system, scanning a fluorescence spectrum of the sample reaction system, and determininga relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine; and
calculating a lithium ion content in the sample solution according to obtained determined results.
20. (New) The fluorescence analysis method for lithium ion determination using FBPc as a molecular probe according to claim 7, wherein a sample solution is subjected to experimental operation and detection according to the following steps:
1) adding the alkaline organic medium into a sample reaction vessel
2) adding the FBPc organic solution into the sample reaction vessel;
3) adding the sample solution into the sample reaction vessel; and
4) allowing the contents of the sample reaction vessel to stand to form a sample reaction system, scanning a fluorescence spectrum of the sample reaction system, and determining a relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine; and
calculating a lithium ion content in the sample solution according to obtained determined results.
Prior Art
Claims 1-13, 15-21 are free of the prior art and would be allowable should Applicant overcome the objections and the rejection under 35 U.S.C. 112(b). Applicant will also need to submit an IDS.
Regarding claims 1, the closest prior art of Huang et al. (CN 103304579 A; See attached English translation) teaches the use of phthalocyanine (Pc) as a probe to determine Fe3 + and Cu2 + ions ([0053]) by first introducing zinc into the central ion of phthalocyanine to form ZnPc and then adding an alkaline organic medium, dimethyl sulfoxide or N, N-dimethyl formamide ([0012]). This forms a phthalocyanine compound that is no longer free-base. Fe3 + and Cu2 + ions are then added to the mixture to observe a significant change in intensity ([0054]). Huang states that adding alkali metals such as K+ and Na+ did not cause a change. Not only does Huang not teach the claim limitation of combining an FBPc solution with a lithium ion organic solution, one of ordinary skill in the art would not expect the ZnPc probe solution taught by Huang to cause a change in intensity to the claimed alkali metal lithium ion. Furthermore, Huang does not teach the other claim limitations of sequentially adding increasing concentrations of lithium ion solutions (or any metal ion solutions) to different vessels. Huang, therefore, fails to satisfy all limitations of claim 1.
Another reference Taga (US 20170218217 A1) teaches a method for producing an ink set for ink-jet recording by determining a lithium ion concentration in order to adjust the composition of the ink to prevent bleeding ([0018]-[0023], [0005], [0050]). A chromatic color ink and an achromatic color ink are mixed together along with water as an organic solvent ([0054]). The mixture includes lithium ions, water, and may optionally include phthalocyanine (not explicitly stated to be FBPc) as selected from a list of color pigments ([0055]). The lithium ion concentration is then measured using ion chromatography ([0162]). Taga therefore does not use FBPc as a probe to determine lithium ions by scanning a fluorescence spectrum of a reaction system, and determining a relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine. Furthermore, Huang does not teach the other claim limitations of sequentially adding increasing concentrations of metal ion solutions to different vessels. Taga, therefore, fails to satisfy all limitations of claim 1.
Another reference Liu (“Lithium phthalocyanine: A probe for electron paramagnetic resonance oximetry in viable biological systems”) teaches measuring oxygenation using a LiPc-pO2 calibration curve with linear regression and then using EPR to measure the partial pressure of oxygen (PO2) in a sample (p. 5439, col. 1, para. 2; Fig. 1). Liu therefore also does not use FBPc as a probe to determine lithium ions by scanning a fluorescence spectrum of a reaction system, and determining a relative fluorescence intensity at a fluorescence peak corresponding to lithium phthalocyanine. Furthermore, Liu does not teach the other claim limitations of sequentially adding increasing concentrations of lithium ion solutions to different vessels. Liu, therefore, fails to satisfy all limitations of claim 1.
Therefore, claim 1 is free of the prior art. Claims 2-13, 15-21 are free of the prior art based on their dependency of all of the limitations of claim 1.
The examiner notes that applicant’s response should include a note with respect to standard formalities such as where amendments can be found in the instant specification. For example--- that lithium phthalocyanine, is detected is disclosed in instant PGPUB paragraphs 0017-0018.
Applicant should also check claims over with respect to the examiner’s amendments and antecedent basis to ensure all potential issues are cleared.
Conclusion
No claims are allowed.
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/V.S./Examiner, Art Unit 1758
/REBECCA M FRITCHMAN/Primary Examiner, Art Unit 1758
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