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 § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 5-7, 10-11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over White et al. (US 8,806,915 B2) (hereinafter White) in view of Rustad et al. (US 2020/0284765 A1) (hereinafter Rustad).
Regarding claim 1, White teaches a fine dust measurement module [apparatus for measuring concentrations of airborne particulate matter] (see Abstract, Figs. 1-4) comprising:
a fluid inlet through which a fluid comprising fine dust is introduced [air inlet 204 to receive air samples 118] (Col 4, lines 36-42, see Fig. 2A);
a first channel [102] through which the first fine dust having at least a first diameter, among the fine dust introduced into the fluid inlet, passes [particles larger than 2.5 microns may be exhausted via primary channel 102] (Col 6, lines 38-48, see Figs. 1-2A);
a second channel [104] through which second fine dust having a second diameter that is less than the first diameter, among the fine dust introduced into the fluid inlet, passes [particles smaller than 2.5 microns may be carried in the major flow corresponding to secondary channel 104] (Col 6, lines 38-48, see Figs. 1-2A);
a fine dust detection sensor configured to sense fine dust flowing into the second channel [secondary channel 104 may include a collection region where particles having a size less than a threshold size may be deposited onto a mass-sensitive element 112 to measure the mass concentration of the particles] (Col 3, lines 57-64, see Figs. 1-2A);
a heater above the fine dust detection sensor [thermophoretic heater 206 situated across from the collection surface 208] (Col 5, lines 12-24, see Fig. 2A); and
an orifice upstream of a flow of the second fine dust from the fine dust detection sensor and the heater [various portions of secondary channel 104 can be considered as having an orifice upstream of a flow of the second fine dust from sensor element 112, such as the orifice(s) from where secondary channels 104a, 104b branch out from primary channel 102] (see Fig. 2A, 6, 7A, 7B).
White fails to teach wherein the orifice is configured such that a first inclined portion in the second channel at a front end of the orifice and having a first inclination angle from the front end of the orifice, and a second inclined portion in the second channel at a rear end of the orifice and having a second inclination angle from the rear end of the orifice, wherein a third diameter of the orifice is less than an overall width of the second channel. Rustad teaches a particulate measuring module comprising a fluid channel comprising an orifice [110] upstream of a particulate detector [101], a first inclined portion in the channel at a front end of the orifice and having a first inclination angle from the front end of the orifice, and a second inclined portion in the second channel at a rear end of the orifice and having a second inclination angle from the rear end of the orifice, wherein a third diameter of the orifice is less than an overall width of the channel [shape of restriction 110] (Para [0022-0023], see Figs. 1-3). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify White with Rustad such to comprise an orifice in the second channel and upstream of a flow of the second fine dust from the fine dust detection sensor and the heater, a first inclined portion in the second channel at a front end of the orifice and having a first inclination angle from the front end of the orifice, and a second inclined portion in the second channel at a rear end of the orifice and having a second inclination angle from the rear end of the orifice, wherein a third diameter of the orifice is less than an overall width of the second channel, in order to regulate flow of the fluid to the dust detection sensor.
Regarding claim 2, White in view of Rustad as applied to claim 1 above teaches the claimed invention, in addition to wherein the diameter of the orifice is configured such that a Stokes number for the second fine dust is in a chosen range [equation governing particle cutoff diameter] (White Col 8, line 52 - Col 9, line 28). White in view of Rustad fails to teach wherein the Stokes number for the second fine dust is in a range of about 0.9 to about 1.05. It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify White in view of Rustad such to choose a specific range for the Stokes number for the second fine dust, such as about 0.9 to about 1.05, in order to alter the particle cutoff diameter and detect particles at a chosen diameter. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Regarding claim 5, White in view of Rustad as applied to claim 1 above teaches the claimed invention, in addition to further comprising a plurality of orifices including the orifice, and wherein the plurality of orifices are spaced apart from each other at an interval along the flow of the second fine dust [orifices from where secondary channels 104a, 104b branch out from primary channel 102] (see White Fig. 6).
Regarding claim 6, White in view of Rustad as applied to claim 5 above teaches the claimed invention, in addition to wherein the fine dust detection sensor [112] and the heater [206] are provided at a rear end of a first orifice of the plurality of orifices that is downstream of the flow of the second fine dust (see White Fig. 2A).
Regarding claim 7, White in view of Rustad as applied to claim 1 above teaches the claimed invention, in addition to wherein the fine dust detection sensor comprises a mass detection sensor configured to directly sense a mass of fine dust introduced into the second channel [secondary channel 104 may include a collection region where particles having a size less than a threshold size may be deposited onto a mass-sensitive element 112 to measure the mass concentration of the particles] (White Col 3, lines 57-64, see Figs. 1-2A).
Regarding claim 10, White in view of Rustad as applied to claim 1 above teaches the claimed invention, in addition to wherein the second channel comprises: a first sub-channel [104a]; a second sub-channel [104b], the first sub-channel and the second sub-channel being branched from each other and around the first channel; and a third sub-channel into which the first sub-channel and the second sub-channel are merged (see White Fig. 2A).
Regarding claim 11, White in view of Rustad as applied to claim 10 above teaches the claimed invention, in addition to wherein the fine dust detection sensor [112] is provided in the third sub-channel (see White Fig. 2A).
Regarding claim 14, White in view of Rustad as applied to claim 1 above teaches the claimed invention, in addition to comprising a third channel into which the first channel [102] and the second channel [104] are merged, and a discharge component [outlet 110] connected to the third channel and from which the fluid is discharged (see White Fig. 1).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Rustad as applied to claim 1 above, and further in view of Solomon et al. (US 2006/0169065 A1) (hereinafter Solomon).
Regarding claim 8, White in view of Rustad as applied to claim 1 above teaches the claimed invention, except for wherein a ratio of a first flow rate of the fluid introduced into the first channel to a second flow rate of the fluid introduced into the second channel is 1:9. Solomon teaches a fine dust measurement module comprising a virtual impactor wherein the ratio of the flow rates of the major and minor flows are adjusted to provide a particle size cutpoint (see Abstract). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify White in view of Rustad with Solomon such to choose a ratio of a first flow rate of the fluid introduced into the first channel to a second flow rate of the fluid introduced into the second channel, such as 1:9, in order to alter the particle cutoff diameter and detect particles at a chosen diameter. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Regarding claim 9, White in view of Rustad as applied to claim 1 above teaches the claimed invention, except for further comprising a flow rate ratio control nozzle in the first channel, wherein the flow rate ratio control nozzle is configured to adjust a ratio of a first flow rate of fluid introduced into the first channel to a second flow rate of fluid introduced into the second nozzle. Solomon teaches a fine dust measurement module comprising a virtual impactor wherein the ratio of the flow rates of the major and minor flows are adjusted to provide a particle size cutpoint and said ratio is controlled by a flow control nozzle [acceleration tube 12] (Para [0011], see Figs. 1-2, Abstract). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify White in view of Rustad with Solomon such to comprise a flow rate ratio control nozzle in the first channel, wherein the flow rate ratio control nozzle is configured to adjust a ratio of a first flow rate of fluid introduced into the first channel to a second flow rate of fluid introduced into the second nozzle, in order to control the particle cutoff diameter.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Rustad as applied to claim 1 above, and further in view of Call et al. (US 2004/0232052 A1) (hereinafter Call).
Regarding claims 12-13, White in view of Rustad as applied to claim 1 above teaches the claimed invention, except for wherein the first channel comprises: a first sub-channel on a same plane as that of the second channel; a second sub-channel connected to the first sub-channel and on a plane different from that of the second channel; and a third sub-channel connected to the second sub-channel and on a same plane as that of the second channel; a first connector connecting the first sub-channel with the second sub-channel and a second connector connecting the second sub-channel with the third sub-channel. Call teaches a fine dust measurement module comprising a minor flow channel with a first sub channel on a same plane as a major flow channel [minor flow outlet 60 on same plane as major flow outlets 58] (see Fig. 3B), a second sub-channel connected to the first sub-channel and on a plane different from that of the major flow channel [minor flow portion between outlets 59 and 60] (see Fig. 3B); and a third sub-channel connected to the second sub-channel and on a same plane as that of the major flow channel [minor flow outlet 59 on same plane as major flow outlets 39] (see Fig. 3B); a first connector connecting the first and second sub-channels; and a second connector connecting the second and third sub-channels [connection points for minor flow channels to outlets 59 and 60] (see Fig. 3B). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify White in view of Rustad with Call such that the first channel comprises: a first sub-channel on a same plane as that of the second channel; a second sub-channel connected to the first sub-channel and on a plane different from that of the second channel; and a third sub-channel connected to the second sub-channel and on a same plane as that of the second channel; a first connector connecting the first sub-channel with the second sub-channel and a second connector connecting the second sub-channel with the third sub-channel, in order to allow a plurality of dust measurement modules to be stacked together to process large amounts of fluid streams.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Rustad as applied to claim 14 above, and further in view of Boersma (US 2020/0217771 A1) (hereinafter Boersma).
Regarding claim 15, White in view of Rustad as applied to claim 14 above teaches the claimed invention, except for wherein a ratio of a second pressure inside the discharge component to a first pressure inside the third channel is less than or equal to 0.528. Boersma teaches a particle measurement module in which a ratio of a second pressure inside a discharge component to a first pressure inside a merged channel can be less than or equal to 0.528 [1 bar to an under pressure of 0-0.5 bar] (Para [0027]). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify White in view of Rustad with Boersma such that a ratio of a second pressure inside the discharge component to a first pressure inside the third channel is less than or equal to 0.528, in order to keep the flow substantially constant independent of pressure conditions. Additionally, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Regarding claim 16, White in view of Rustad in view of Boersma as applied to claim 15 above teaches the claimed invention, except for further comprising a choked nozzle between the third channel and the discharge component. Boersma additionally teaches a choked nozzle [22] between the third channel and the discharge component (see Figs. 1 and 4). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to further modify White in view of Rustad and Boersma such to comprise a choked nozzle between the third channel and the discharge component, in order to keep the flow substantially constant independent of pressure conditions.
Regarding claim 17, White in view of Rustad and Boersma as applied to claim 15 above teaches the claimed invention, in addition to comprising a pump connected to the discharge component and configured to adjust an internal pressure of the discharge component [pump 108] (see White Fig. 1).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Rustad and Call.
Regarding claim 18, White teaches a fine dust measurement device comprising a fine dust measurement module [apparatus for measuring concentrations of airborne particulate matter] (see Abstract, Figs. 1-4) comprising:
a fluid inlet through which a fluid comprising fine dust is introduced [air inlet 204 to receive air samples 118] (Col 4, lines 36-42, see Fig. 2A);
a first channel [102] through which the first fine dust having at least a first diameter, among the fine dust introduced into the fluid inlet, passes [particles larger than 2.5 microns may be exhausted via primary channel 102] (Col 6, lines 38-48, see Figs. 1-2A);
a second channel [104] through which second fine dust having a second diameter that is less than the first diameter, among the fine dust introduced into the fluid inlet, passes [particles smaller than 2.5 microns may be carried in the major flow corresponding to secondary channel 104] (Col 6, lines 38-48, see Figs. 1-2A);
a fine dust detection sensor configured to sense fine dust flowing into the second channel [secondary channel 104 may include a collection region where particles having a size less than a threshold size may be deposited onto a mass-sensitive element 112 to measure the mass concentration of the particles] (Col 3, lines 57-64, see Figs. 1-2A);
a heater above the fine dust detection sensor [thermophoretic heater 206 situated across from the collection surface 208] (Col 5, lines 12-24, see Fig. 2A);
an orifice upstream of a flow of the second fine dust from the fine dust detection sensor and the heater [various portions of secondary channel 104 can be considered as having an orifice upstream of a flow of the second fine dust from sensor element 112, such as the orifice(s) from where secondary channels 104a, 104b branch out from primary channel 102] (see Fig. 2A, 6, 7A, 7B); and
a discharge component configured to discharge fluid [outlet 110] (see Fig. 1).
White fails to teach wherein the orifice is configured such that a first inclined portion in the second channel at a front end of the orifice and having a first inclination angle from the front end of the orifice, and a second inclined portion in the second channel at a rear end of the orifice and having a second inclination angle from the rear end of the orifice, wherein a third diameter of the orifice is less than an overall width of the second channel. Rustad teaches a particulate measuring module comprising a fluid channel comprising an orifice [110] upstream of a particulate detector [101], a first inclined portion in the channel at a front end of the orifice and having a first inclination angle from the front end of the orifice, and a second inclined portion in the second channel at a rear end of the orifice and having a second inclination angle from the rear end of the orifice, wherein a third diameter of the orifice is less than an overall width of the channel [shape of restriction 110] (Para [0022-0023], see Figs. 1-3). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify White with Rustad such to comprise an orifice in the second channel and upstream of a flow of the second fine dust from the fine dust detection sensor and the heater, a first inclined portion in the second channel at a front end of the orifice and having a first inclination angle from the front end of the orifice, and a second inclined portion in the second channel at a rear end of the orifice and having a second inclination angle from the rear end of the orifice, wherein a third diameter of the orifice is less than an overall width of the second channel, in order to regulate flow of the fluid to the dust detection sensor.
White in view of Rustad fails to teach a plurality of fine dust measurement modules, the discharge component connected to each of the plurality of fine dust measurement modules. Call teaches a plurality of fine dust measurement modules comprising a singular discharge component connected to each of the plurality of fine dust measurement modules (Para [0136-0137]). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify White in view of Rustad with Call such that the apparatus comprises a plurality of fine dust measurement modules, the discharge component connected to each of the plurality of fine dust measurement modules, in order to process large amounts of fluid streams.
Regarding claim 19, White in view of Rustad and Call as applied to claim 18 above teaches the claimed invention, except for wherein the plurality of fine dust measurement modules comprise a first, second, and third fine dust measurement module that are arranged in parallel. Call additionally teaches wherein the plurality of fine dust measurement modules may be operated in parallel with common major and minor flow exhausts (Para [0136-0137]). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to further modify White in view of Rustad Call such that the plurality of fine dust measurement modules comprises a first, second, and third fine dust measurement module that are arranged in parallel, in order to simultaneously process large amounts of fluid streams.
Regarding claim 20, White in view of Rustad and Call as applied to claim 18 above teaches the claimed invention, in addition to further comprising a pump connected to the discharge component and configured to adjust an internal pressure of the discharge component [pump 108] (see White Fig. 1).
Response to Arguments
Applicant’s arguments with respect to claims 1 and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 DAVID Z HUANG whose telephone number is (571)270-5360. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/DAVID Z HUANG/Primary Examiner, Art Unit 2855
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