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 .
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.
Claim 52 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because they are directed to disembodied software per se.
Claim Rejections - 35 USC § 112
2. 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.
3. Claims 41, 48, 50 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.
4. Regarding claims 41, 48, 50, the phrase “optionally” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 103
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
6. 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.
7. Claims 36-50, 52-55 are rejected under 35 U.S.C 103 as being unpatentable over Freedman (GB 2520543) in view of Schlueter (WO 2015067812).
8. Regarding claim 36:
Freedman discloses a method of operating a multiple inlet apparatus for an isotope ratio spectrometer (column 1 lines 4-7 teaches methods of analyzing gas samples by means of apparatus provided with a dual inlet system. Column 2 lines 11-15 teaches measuring isotope ratios using a mass spectrometer),
the multiple inlet apparatus having a first bellows containing a first gas and a second bellows containing a second gas (column 2 lines 11-19 teaches a mass spectrometer with a dual inlet system, where in the system illustrated these are a pair of stainless steel bellows 2, 3. One side of the inlet pair contains the sample being measured, and the other side some gas which is regarded as some form of reference) and the method comprising:
adjusting compression of the first bellows to a first compression value such that a first pressure of the first gas is equal to a target pressure value (column 5 lines 4-6 teaches that the sample gas is then compressed by compressing the bellows 2 until the recorded ion beam of the major isotopic composition reaches the target value); adjusting compression of the second bellows to a second compression value such that a second pressure of the second gas is equal to the target pressure value (column 3 lines 7-8 teaches that the reference gas may be introduced into bellows 3. Column 5 lines 7-10 teaches that the reference gas beam is altered to match the observed sample gas side intensity to within a narrow range of accuracy).
Freedman fails to disclose determining a first compression function configured to maintain the first pressure at the target pressure value and a second compression function configured to maintain the second pressure at the target pressure value; continuously compressing the first bellows according to the first compression function until a first measurement of first isotope ratios for the first gas is complete; and continuously compressing the second bellows according to the second compression function until a second measurement of second isotope ratios for the second gas is complete.
However, Schlueter discloses determining a first compression function configured to maintain the first pressure at the target pressure value and a second compression function configured to maintain the second pressure at the target pressure value (pg. 22 lines 15-21 teaches equation 2 to determine the optimum equilibrium flow. Because the rate of change of volume depends on the specific concentration of the gas (Cres), unique functions would be determined for the first and second gases);
continuously compressing the first bellows according to the first compression function until a first measurement of first isotope ratios for the first gas is complete (pg. 9 lines 27-29 teaches adjusting the reservoir volume continuously during a measurement. This provides a constant pressure at, and/or a flow into, the analyzer. Pg. 23 lines 11-15 teaches that volume decrease should be constant with time and continues until measurement ceases);
and continuously compressing the second bellows (pg. 9 lines 27-29 teaches adjusting the reservoir volume continuously during a measurement. This provides a constant pressure at, and/or a flow into, the analyzer) according to the second compression function (pg. 22 lines 15-21 teaches equation 2 to determine the optimum equilibrium flow) until a second measurement of second isotope ratios for the second gas is complete (Pg. 23 lines 11-15 teaches that volume decrease should be constant with time and continues until measurement ceases. Pg. 24 lines 29-30 teaches that a second source of analyte gas 11 is supplied to the analyzer using the variable volume reservoir 5. Pg. 29 lines 6-9 teaches that the analyte and reference gas flows are preferably adjusted so that they show a similar intensity by adjusting the analyte gas flow to match the reference gas flow).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include determining a first compression function configured to maintain the first pressure at the target pressure value and a second compression function configured to maintain the second pressure at the target pressure value; continuously compressing the first bellows according to the first compression function until a first measurement of first isotope ratios for the first gas is complete; and continuously compressing the second bellows according to the second compression function until a second measurement of second isotope ratios for the second gas is complete. Such modification would allow continually adjusting the reservoir volume during a measurement to achieve a constant pressure at, and/or a flow into, the analyzer (as taught in Schlueter pg. 9 lines 27-29) and determining the optimum equilibrium flow (as taught in Schlueter pg. 22 lines 15-21).
9. Regarding claim 37:
Freedman in view of Schlueter discloses the method of claim 36. Freedman further discloses compressing the first bellows (column 5 lines 4-6 teaches that the sample gas is then compressed by compressing the bellows 2) until a third measurement of third isotope ratios for the first gas is complete, wherein the third measurement takes place after the second measurement (Column 5 line 17-20 teaches that each sample measurement is bracketed with a reference measurement. A number of these cycles (typically 5 to 10) are grouped together to produce a block of data measurement).
Freedman fails to disclose compressing the first bellows according to the compression function.
However, Schlueter discloses compressing the first bellows (pg. 9 lines 27-29 teaches adjusting the reservoir volume continuously during a measurement. This provides a constant pressure at, and/or a flow into, the analyzer) according to the compression function (pg. 22 lines 15-21 teaches equation 2 to determine the optimum equilibrium flow. Because the rate of change of volume depends on the specific concentration of the gas (Cres), unique functions would be determined for the first and second gases).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include compressing the first bellows according to the compression function. Such modification would allow continually adjusting the reservoir volume during a measurement to achieve a constant pressure at, and/or a flow into, the analyzer (as taught in Schlueter pg. 9 lines 27-29).
10. Regarding claim 38:
Freedman in view of Schlueter discloses the method of claim 36. Freedman further discloses that wherein measurements of the first gas and the second gas alternate (column 6 lines 20-23 teaches that each sample is introduced into a variable volume chamber and gas is fed alternately from each variable volume chamber into a common apparatus for carrying out a measurement on the respective gas sample) such that the first gas and the second gas are each measured at least twice (Column 5 line 17-20 teaches that each sample measurement is bracketed with a reference measurement. A number of these cycles (typically 5 to 10) are grouped together to produce a block of data measurement).
11. Regarding claim 39:
Freedman in view of Schlueter discloses the method of claim 36. Freedman further discloses that wherein the steps of continuously compressing the first bellows and continuously compressing the second bellows occur simultaneously (column 6 lines 26-29 teaches that the volume of the respective chamber is adjusted to a new value dependent on the sensed flow rate while the common apparatus is being used to carry out a measurement cycle on the other sample. Column 7 lines 14-31 teaches that the system continually updates the bellows position of the side being measured to ensure the ion beam remains at the target intensity).
12. Regarding claim 40:
Freedman in view of Schlueter discloses the method of claim 39. Freedman further discloses that the multiple inlet apparatus (column 1 lines 4-7 teaches analyzing gas samples by means of apparatus provided with a dual inlet system) comprising at least one valve that directs the first gas and the second gas towards (column 3 lines 19-23 teaches a changeover valve block 1 designed to manage the flow of the first and second gases (sample and reference)) either an ion source or a vacuum (column 3 lines 19-29 teaches that the gas from one side of the dual inlet flows to the mass spectrometer via a valve SMS or RMS. The mass spectrometer records the ion beams from the differing isotopic species. The gas from the other is directed to a waste pump via a valve SW or RW. The waste pump corresponds to the vacuum source).
13. Regarding claim 41:
Freedman in view of Schlueter discloses the method of claim 40. Freedman further discloses that wherein during the first measurement the first gas is directed from the first bellows to the ion source and the second gas is directed from the second bellows to the vacuum (column 3 lines 19-29 teaches that the gas from one side of the dual inlet flows to the mass spectrometer via a valve SMS or RMS. The mass spectrometer records the ion beams from the differing isotopic species. The gas from the other is directed to a waste pump via a valve SW or RW. The waste pump corresponds to the vacuum source), and
wherein during the second measurement the first gas is directed from the first bellows to the vacuum and the second gas is directed from the second bellows to the ion source (column 3 lines 19-29 teaches that when gas from one side of the dual inlet is being sampled by the mass spectrometer, to which it flows via a valve SMS or RMS, the gas from the other is directed to a waste pump via a valve SW or RW. Thus it is possible sequentially measure the isotopic beams from the sample and the reference. The waste pump corresponds to the vacuum source. The mass spectrometer records the ion beams from the differing isotopic species. Column 5 lines 7-14 teaches toggling the valves in the changeover valve block to permit the beam from the required inlet side to be measured by the mass spectrometer),
wherein optionally: the method further comprises at least one further measurement of the first gas (Column 5 line 17-20 teaches that each sample measurement is bracketed with a reference measurement. A number of these cycles (typically 5 to 10) are grouped together to produce a block of data measurement), wherein the first gas is directed from the first bellows to the ion source and the second gas is directed from the second bellows to the vacuum (column 3 lines 19-29 teaches that the gas from one side of the dual inlet flows to the mass spectrometer via a valve SMS or RMS. The mass spectrometer records the ion beams from the differing isotopic species. The gas from the other is directed to a waste pump via a valve SW or RW. The waste pump corresponds to the vacuum source).
14. Regarding claim 42:
Freedman in view of Schlueter discloses the method of claim 36. Freedman further discloses that wherein the first bellows and the second bellows are compressed using motors (column 2 lines 20-21 teaches that the volume of the bellows in the system illustrated may be altered via attached motors 6, 7 respectively).
Freedman fails to disclose that the motors are stepper motors.
However, Schlueter discloses that the motors are stepper motors (pg. 15 lines 10-12 teaches that the variable volume reservoir is controlled by a stepper motor).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include that the motors are stepper motors. Such modification would allow for precise and discrete mechanical movements for positioning.
15. Regarding claim 43:
Freedman in view of Schlueter discloses the method of claim 36. Freedman fails to disclose that wherein the first gas and/or second gas comprises a first gas mixture and a second gas mixture, respectively.
However, Schlueter discloses that wherein the first gas and/or second gas comprises a first gas mixture and a second gas mixture, respectively (pg. 44 claim 41 teaches expelling the first analyte gas, or a first analyte mixture containing the first analyte gas, from the reservoir. Pg. 28 lines 29-32 teaches a referencing unit designed to provide mixtures of reference gas with carrier gas).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include that wherein the first gas and/or second gas comprises a first gas mixture and a second gas mixture, respectively. Such modification would allow for linearity calibration (as taught in Schlueter pg. 28 line 30) and auto-dilution if the concentration of the collected analyte is too high for the subsequent measurement (as taught in Schlueter pg. 20 lines 19-20).
16. Regarding claim 44:
Freedman in view of Schlueter discloses the method of claim 36. Freedman further discloses that wherein either: the target pressure is equal to a first filling pressure of the first bellows or a second filling pressure of the second bellows; or the target pressure is independent of a first filling pressure of the first bellows and a second filling pressure of the second bellows (column 5 lines 1-8 teaches that the sample gas is then compressed by compressing the bellows 2 until the recorded ion beam of the major isotopic composition reaches the target value The positions of the valves in the changeover valve block 1 are then altered to enable monitoring of the gas in the reference side of the dual inlet, and that gas beam altered to match the observed sample gas side intensity to a within a narrow range of accuracy. Column 5 lines 26-28 teaches that if the initial quantity of the sample is small, the bellows must be greatly compressed to reach this target, which means that the target pressure is independent of the filing pressure).
17. Regarding claim 45:
Freedman in view of Schlueter discloses the method of claim 36. Freedman fails to disclose that wherein the first compression function and second compression function comprise an initial compression based on a starting signal intensity of the spectrometer.
However, Schlueter discloses that wherein the first compression function and second compression function (pg. 22 lines 15-21 teaches equation 2 to determine the optimum equilibrium flow. Because the rate of change of volume depends on the specific concentration of the gas (Cres), unique functions would be determined for the first and second gases) comprise an initial compression based on a starting signal intensity of the spectrometer (pg. 23 lines 23-26 teach that the rise in intensity at the beginning of the measurement is determined, by the concentration of the analyte: thus, it can be used to determine and adjust the optimum final flow into the analyzer. The rise in intensity at the beginning corresponds to the starting signal intensity).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include that wherein the first compression function and second compression function comprise an initial compression based on a starting signal intensity of the spectrometer. Such modification would allow for determining and adjusting the optimum final flow into the analyzer within a very short period of time (as taught in Schlueter pg. 23 lines 25-26).
18. Regarding claim 46:
Freedman in view of Schlueter discloses the method of claim 36. Freedman fails to disclose that wherein the first compression function and the second compression function are the same.
However, Schlueter discloses that wherein the first compression function and the second compression function are the same (pg. 22 lines 15-21 teaches equation 2 to determine the optimum equilibrium flow. Such formula would apply to both the first compression function and the second compression function since the same gas and reference gas will have the same components).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include that wherein the first compression function and the second compression function are the same. Such modification would allow for continually adjusting the reservoir volume during a measurement to achieve a constant pressure at, and/or a flow into, the analyzer (as taught in Schlueter pg. 9 lines 27-29) and determining the optimum equilibrium flow (as taught in Schlueter pg. 22 lines 15-21).
19. Regarding claim 47:
Freedman in view of Schlueter discloses the method of claim 36. Freedman fails to disclose that wherein more than one isotope ratio of the first gas are measured using the same first compression function.
However, Schlueter discloses that wherein more than one isotope ratio of the first gas are measured (pg. 1 lines 12-16 teaches that isotope ratio analysis is used to measure the relative abundance of isotopes, specifically giving the example of stable isotopic compositions of both oxygen and carbon. Fig. 12 and 13 show a single measurement interval where multiple distinct signals are all tracked and recorded) using the same first compression function (pg. 22 lines 15-21 teaches equation 2 to determine the optimum equilibrium flow).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include that wherein more than one isotope ratio of the first gas are measured using the same first compression function. Such modification would allow for measuring the relative abundance of isotopes in a gaseous sample to obtain an important proxy indicator (as taught in Schlueter pg. 1 lines 12-16).
20. Regarding claim 48:
Freedman in view of Schlueter discloses the method of claim 36. Freedman fails to disclose that wherein the first compression function and second compression function are determined during compression of the first bellows and second bellows respectively, either: by measuring the first pressure and the second pressure, wherein optionally a pressure transducer is used to measure the first pressure and the second pressure; or by measuring pressure in an ion source; or by measuring the gas flow into the ion source.
However, Schlueter discloses that wherein the first compression function and second compression function (pg. 22 lines 15-21 teaches equation 2 to determine the optimum equilibrium flow. Because the rate of change of volume depends on the specific concentration of the gas (Cres), unique functions would be determined for the first and second gases) are determined during compression of the first bellows and second bellows respectively (pg. 41 claim 41 teaches that the variable volume reservoir is in the form of a bellows. Pg. 23 lines 23-26 teaches that the rise in intensity at the beginning of the measurement is determined, amongst other factors, by the concentration of the analyte: thus, it can be used to determine and adjust the optimum final flow into the analyzer within a very short period of time), either: by measuring the first pressure and the second pressure (pg. 41 claim 13 teaches a means for determining the pressure within the variable volume of the reservoir), wherein optionally a pressure transducer is used to measure the first pressure and the second pressure (pg. 41 claim 14 teaches using a force meter for measuring the pressure); or by measuring pressure in an ion source; or by measuring the gas flow into the ion source (pg. 10 lines 4-6 teaches that feedback from the analyzer may be employed to improve the flow rate and/or pressure. Such feedback may likewise be used to update a calibrated flow control).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include that wherein the first compression function and second compression function are determined during compression of the first bellows and second bellows respectively, either: by measuring the first pressure and the second pressure, wherein optionally a pressure transducer is used to measure the first pressure and the second pressure; or by measuring pressure in an ion source; or by measuring the gas flow into the ion source. Such modification would allow for adjusting the reservoir volume during a measurement to achieve a constant pressure at, and/or a flow into, the analyzer (as taught in Schlueter pg. 9 lines 27-29) and determining the optimum equilibrium flow (as taught in Schlueter pg. 22 lines 15-21).
21. Regarding claim 49:
Freedman in view of Schlueter discloses the method of claim 36. Freedman further discloses that wherein: the first bellows is connected to an ion source via a first inlet (the sample valve SM leading to capillary 5 is opened, the waste valve SW closed and the sample valve SMS opened. The sample gas is then compressed by compressing the bellows 2 until the recorded ion beam of the major isotopic composition reaches the target value); and the second bellows is connected to the ion source via a second inlet (as shown in fig. 1, bellows 3 is connected to the source of the mass spectrometer via capillary 4 and a valve in the same changeover valve block 1. Column 3 lines 19-23 teaches a changeover valve block 1 designed to manage the flow of the first and second gases (sample and reference)).
22. Regarding claim 50:
Freedman in view of Schlueter discloses the method of claim 36. Freedman further discloses the multiple inlet apparatus (column 1 lines 4-7 teaches analyzing gas samples by means of apparatus provided with a dual inlet system). Freedman fails to disclose at least one additional bellows for at least one additional gas, wherein optionally the at least one additional bellows is connected to an ion source via at least one additional inlet.
However, Schlueter discloses at least one additional bellows for at least one additional gas (pg. 34 lines 29-30 teaches that instead of a single variable volume reservoir 5, multiple reservoirs may be employed, each of which individually stores separate peaks. pg. 41 claim 41 teaches that the variable volume reservoir is in the form of a bellows. Pg. 42 claim 27 teaches one or more alternative supplies of analyte gas), wherein optionally the at least one additional bellows is connected to an ion source via at least one additional inlet (pg. 36 teaches that a multi-port 22 is connected to the port 10 so that the total number of ports available for injection of analyte is extended. Pg. 7 lines 29-32 and fig. 29 teach that the additional inlets and bellows are selectively connectible via an analyzer valve 4 to an isotope ratio analyzer).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include at least one additional bellows for at least one additional gas, wherein optionally the at least one additional bellows is connected to an ion source via at least one additional inlet. Such modification would allow increasing the total number of ports available for injection of analyte (as taught in Schlueter pg. 36 lines 18-19) and investigating several peaks within one gas chromatogram (as taught in Schlueter pg. 34 lines 26-27).
23. Regarding claim 52:
Freedman discloses software (column 2 line 22 teaches computer control) for operating a multiple inlet apparatus (column 1 lines 4-7 teaches analyzing gas samples by means of apparatus provided with a dual inlet system) for an isotope ratio spectrometer (column 2 lines 11-12 teaches that the dual inlet system is part of an isotope ratio mass spectrometer)
Freedman does not disclose that wherein the software is configured to carry out the method of claim 36.
However, Freedman in view of Schlueter discloses the method of claim 36.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include that wherein the software is configured to carry out the method of claim 36. Such modification would allow for continually adjusting the reservoir volume during a measurement to achieve a constant pressure at, and/or a flow into, the analyzer (as taught in Schlueter pg. 9 lines 27-29) and determining the optimum equilibrium flow (as taught in Schlueter pg. 22 lines 15-21).
24. Regarding claim 53:
Freedman discloses a multiple inlet apparatus for an isotope ratio mass spectrometer (column 1 lines 4-7 teaches analyzing gas samples by means of apparatus provided with a dual inlet system Column 2 lines 11-12 teaches that the dual inlet system is part of an isotope ratio mass spectrometer),
Freedman does not disclose a multiple inlet apparatus configured to be operated via the method of claim 36.
However, Freedman in view of Schlueter discloses the method of claim 36.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include a multiple inlet apparatus configured to be operated via the method of claim 36. Such modification would allow for continually adjusting the reservoir volume during a measurement to achieve a constant pressure at, and/or a flow into, the analyzer (as taught in Schlueter pg. 9 lines 27-29) and determining the optimum equilibrium flow (as taught in Schlueter pg. 22 lines 15-21).
25. Regarding claim 54:
Freedman discloses a multiple inlet apparatus for an isotope ratio mass spectrometer (column 1 lines 4-7 teaches analyzing gas samples by means of apparatus provided with a dual inlet system Column 2 lines 11-12 teaches that the dual inlet system is part of an isotope ratio mass spectrometer) comprising a controller (column 7 lines 21-22 teaches that the bellows is moved by the controlling processor).
Freedman does not disclose a controller configured to carry out the method of claim 36.
However, Freedman in view of Schlueter discloses the method of claim 36.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include a controller configured to carry out the method of claim 36. Such modification would allow for continually adjusting the reservoir volume during a measurement to achieve a constant pressure at, and/or a flow into, the analyzer (as taught in Schlueter pg. 9 lines 27-29) and determining the optimum equilibrium flow (as taught in Schlueter pg. 22 lines 15-21).
26. Regarding claim 55:
Freedman discloses an isotope ratio mass spectrometer comprising the multiple inlet apparatus (column 1 lines 4-7 teaches analyzing gas samples by means of apparatus provided with a dual inlet system Column 2 lines 11-12 teaches that the dual inlet system is part of an isotope ratio mass spectrometer).
Freedman does not disclose the multiple inlet apparatus of claim 54.
However, Freedman in view of Schlueter discloses the multiple inlet apparatus of claim 27.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter to include the multiple inlet apparatus of claim 54. Such modification would allow for continually adjusting the reservoir volume during a measurement to achieve a constant pressure at, and/or a flow into, the analyzer (as taught in Schlueter pg. 9 lines 27-29) and determining the optimum equilibrium flow (as taught in Schlueter pg. 22 lines 15-21).
28. Claim 51 is rejected under 35 U.S.C 103 as being unpatentable over Freedman in view of Schlueter, further in view of Birner (US-20240186131).
29. Regarding claim 51:
Freedman in view of Schlueter discloses the method of claim 36. Freedman further discloses that wherein the multiple inlet apparatus (column 1 lines 4-7 teaches analyzing gas samples by means of apparatus provided with a dual inlet system) further comprises a first bellows valve configured to close the first bellows (column 2 lines 24-32, column 3 lines 1-5 teaches that inlet valve SM can control the gas flowing from the bellows 2) and a second bellows valve configured to close the second bellows (as shown in fig. 1 inlet valve RM corresponds to the second bellows valve controlling the gas flowing from the bellows 3) , wherein: during the first measurement the first gas is directed from the first bellows to an ion source (column 5 lines 1-4 teaches that the sample valve SMS is opened, and the gas flows into the mass spectrometer as shown in fig. 1) and the second gas is enclosed within the second bellows by the second bellows valve; and during the second measurement the second gas is directed from the second bellows to the ion source (Column 5 lines 7-14 teaches toggling the valves in the changeover valve block to permit the beam from the required inlet side to be measured by the mass spectrometer) and the first gas is enclosed within the first bellows by the first bellows valve.
Freedman in view of Schlueter fails to disclose that during the first measurement, the second gas is enclosed within the second bellows by the second bellows valve; and during the second measurement, the first gas is enclosed within the first bellows by the first bellows valve.
However, Birner discloses that during the first measurement, the second gas is enclosed within the second bellows by the second bellows valve; and during the second measurement, the first gas is enclosed within the first bellows by the first bellows valve ([0072] teaches that the port 232 of each bellows may be alternatively modulated to allow for the sample gas and the standard gas to be alternatively delivered to the mass spectrometer 105 for testing. The port 232 on the valve block 232 of one bellows system may be opened while the port 232 on the valve block 232 of the other bellows system may be closed (or visa versa)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Freedman in view of Schlueter, further in view of Birner to include that during the first measurement, the second gas is enclosed within the second bellows by the second bellows valve; and during the second measurement, the first gas is enclosed within the first bellows by the first bellows valve. Such modification would allow the sample gas and the standard gas to be alternatively delivered to the mass spectrometer 105 for testing (as taught in Birner [0072]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY LI whose telephone number is (571) 272-5043. The examiner can normally be reached 8:30am-4:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at (571) 272-2293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LARRY LI/
Examiner, Art Unit 2881
/ROBERT H KIM/Supervisory Patent Examiner, Art Unit 2881