DETAILED ACTION
Note: Claim 10 should have been identified as new too.
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 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.
The phrase “not being originally present in the air of the target space” does not provide a reasonably clear boundary for the claimed negative control sample. The term “originally” is indefinite because it is unclear what point in time is being used as the reference point. It is unclear whether “originally” refers to:
the time before the sample was collected;
the time before the collecting device was introduced into the target space;
the time before analysis of the sample;
the time before contamination occurred; or
some other time.
It is also unclear whether the limitation applies to the negative control sample, to each contaminating material represented by the sample, or to a portion of the material represented by the sample.
Furthermore, claim 1 recites that the negative control sample “represents contaminating material that contaminates the air in the target space,” while also requiring that the negative control sample have not been originally present in that air.
The claim does not clearly explain whether the contaminating material is introduced into the target space, introduced into the collected sample, introduced by the collecting device, introduced by the analysis device, or otherwise associated with the sampling process.
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 1-13 are rejected under 35 U.S.C. § 101.
The recited units are found to be directed to software per se.
Response to Arguments
Applicant was non-responsive to the above part of the outstanding 101 rejection. New claims 11 and 12 endeavor to add a sampler and/or some device while such hardware is not actually positively recited as part of the system yet.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL FUELLING whose telephone number is (571)270-1367.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL FUELLING/ Supervisory Patent Examiner, Art Unit 3992
