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 .
DOUBLE PATENTING
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over corresponding claims 1-20 of U.S. Patent No. 11,710,640. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-40 are merely broader than corresponding claims 1-20 of the patent.
Claims 21-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over corresponding claims 1-12 of U.S. Patent No. 10,373,838. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-32 are merely broader than corresponding claims 1-12 of the patent.
35 U.S.C. 112(b) Rejection
Claims 33-40 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.
As to claim 33, what is “the remote system” (line 8) relative to? Is the “a analysis device” (last line) somehow associated with “the remote system” (line 8)?
As to claim 35, “the second pump” was not introduced. Is there a second pump in claim 31, or is one of ordinary skill to limited only claim 35 to such?
35 U.S.C. 102(a1) REJECTION
Claim(s) 21,23,26,33 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Aoki et al JP 2000258391.
As to claim 21,33, Aoki teaches (Figure 2) system for determining chemical element concentrations of a sample, the system comprising: a sampling system configured to collect the sample, the sample including at least phosphoric acid
“The sample solution has a phosphoric acid concentration of 3.1 P-pp. FIG. 4 shows an example in which the peak height of the electrochemical peak was measured for sample solutions of various concentrations ranging from b to 310 P-ppb. From the results in FIG. 4, there is a correlation between the phosphoric acid concentration and the peak height at the phosphoric acid concentration in this range. By using the result of FIG. 4 as a calibration curve, the concentration of the phosphorus compound in the sample solution can be determined”,
the sampling system including a valve having a holding loop 6b coupled thereto, the valve configured to selectively control flow of the sample through the holding loop; and an analysis system coupled to the valve via a transfer line 8/9, the analysis system including: an analysis device 16 configured to determine a concentration of one or more components of the sample, and a sample pump 4 configured to introduce the sample from the holding loop into the transfer line for analysis by the analysis device.
As to claim 23, note valve 14.
As to claim 26, pump 12 will pump fluid that dilutes or carries.
Claim(s) 21,23,26,33 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Aoki et al JP 20971997.
As to claims 21,33, Aoki teaches (Figure 6 a) system for determining chemical element (phosphoric acid in water, per ABSTRACT) concentrations of a sample, the system comprising: a sampling system configured to collect the sample, the sample including at least phosphoric acid ABSTRACT), the sampling system including a valve 41a having a holding loop 41b coupled thereto, the valve configured to selectively control flow of the sample through the holding loop; and an analysis system coupled to the valve via a transfer line 10,43, the analysis system including: an analysis device 12 configured to determine a concentration of one or more components of the sample, and a sample pump 32 configured to introduce the sample from the holding loop into the transfer line for analysis by the analysis device.
As to claim 23, note valve 14.
As to claim 26, pump 12 will pump fluid that dilutes or carries.
35 U.S.C. 103 REJECTION
Claim(s) 22,34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoki ‘990.
As to claims 22,34, Aoki ‘990 teaches a temperature of higher than 120 degrees C or higher in the reactor, which suggests to one of ordinary skill employing more or less, suggestive of the claimed range.
“ It can be configured to include a pyrolysis reactor for bringing the sample water to a temperature of 120 ° C. or higher, a pH adjusting reagent supply means for making the sample water neutral or acidic, and a phosphate ion concentration measuring device.”
PRIOR ART NOT RELIED UPON
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Capuano et al 5,565,172 teach (Figure) a system for determining chemical element concentrations of a reacted sample, the system comprising: a sampling system configured to collect reacted sample, that reacted sample including an alkyl ester of phosphoric acid (line 11, col. 1) that is initially pasted into a reactor 56, the sampling system including a valve 26 having a holding loop 62 coupled thereto, the valve configured to selectively control flow of the reacted sample through the holding loop; and an analysis system 46/48 coupled to the valve via a transfer line 44, the analysis system including: an analysis device 48 configured to determine a concentration of one or more components of the reacted sample, and a reacted sample pump (source or CARRIER AIR) configured to introduce the reacted sample from the holding loop into the transfer line for analysis by the analysis device. However, the sample that is collected in the holding loop is not phosphoric acid, as the phosphoric acid (that is in the AMBIENT AIR) undergoes a heated reaction in reactor 56, resulting in fluid passing from the reactor 56 to the loop 62 lacking any phosphoric acid as called for in Applicant’s claims 21 and 33.
Shunichi et al 2010/0319736 teach system for determining chemical element concentrations of a sample 12, the system comprising: a sampling system configured to collect the sample, the sample including transfer line 74,28, the analysis system including: an analysis device 2 configured to determine a concentration of one or more components of the sample, and a sample pump 10 configured to introduce the sample and phosphoric acid from the holding loop into the transfer line for analysis by the analysis device by way of phosphoric acid that pushes the sample (Para 81) through the loop 14a, and ultimately all to waste 17. The adsorption layer 46 of the sensor adsorbs only the bio substance within the sample, and thus only the concentration of the bio substance within the sample is sensed. However, the analysis device does not determine concentration of the phosphoric acid as called for in Applicant’s claims 21 and 33.
CONCLUSION
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/ROBERT R RAEVIS/ Primary Examiner, Art Unit 2855