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 Objections
Claim 18 is objected to because of the following informality: line 4 ends with a period (“polyol.”).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Note that dependent claims will have the deficiencies of base and intervening claims.
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.
Claim 10 is 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. There is no measurement unit (for example, mol% or mass% or weight%) associated with the stated percent ranges in the claim, nor does the specification appear to indicate what unit is intended.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 7, 8, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rolf Thrier US 2001/0025790 A1 (hereafter “Thrier”).
Addressing claims 1, 4, 7, 8, 11, and 12, Thrier discloses a solid-state reference electrode configured to provide a reference potential in an electrochemical analyzer (see the title, paragraph [0002], and the first sentence of paragraph [0023]), the solid-state reference electrode comprising:
a conductor element (3 in Figure 1) comprising a metal and a coating comprising a solid salt of the metal (“In electrode shaft 2 a bleeder electrode 3 is arranged, connection 4 of which leads to the exterior. For example chloridized silver wire serves as bleeder electrode 3.[italicizing by the Examine]” See paragraph [0023].); and
a solid-sate polymeric composition (5) disposed in contact with the conductor element (Figure 1 and paragraph [0023]), the solid-state polymeric composition comprising
a solidified mix of: a cured resin (“Then the reference electrolyte is polymerized at room temperature or at elevated temperature until it is solidified.“ See paragraph [0023].),
a salt (KCl) that produces substantially equitransferent ions (see Examples 3-5 in paragraphs [0026]-[0036])1 , and
a polyol (glycerol; see again Examples 3-5 in paragraphs [0026]-[0036]) that facilitates ionic conductivity within the solid-sate polymeric composition (in this regard note that it has been held that if the composition in the prior art (glycerol) is physically the same as claimed (claim 8), it must have the same properties. See MPEP 2112.01(II).).
Claims 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benton.
Addressing claim 18, Benton discloses a method for fabricating a solid-state reference electrode for an electrochemical analyzer (see page 1, lines 1-15, and page 13, lines 8-30), the method comprising:
forming a fluid composition of (i) a cured resin pre-cursor, (ii) a salt that produces substantially equitransferent ions2, and (iii) a polyol (
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See Benton page 13.),
depositing the fluid composition into a reservoir configured to house the solid-state reference electrode (
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See Benton page 13.
See also Benton Figure 1. The Examiner is construing the housing space occupied by reference electrolyte 18 as the claimed reservoir.); and
curing the fluid composition (
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See Benton page 13.).
Addressing claim 19, for the additional limitation of this claim note the following in Benton
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(see Benton page 13), and
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(see Benton page 12).
Claim Rejections - 35 USC § 103
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, 4, 7, 8, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Barry Benton WO 92/06370 A1 (hereafter “Benton”) in view of Ahmad et al. WO 209/082187 A2 (hereafter “Ahmad”), and as evidenced by Entropy Resins, “.BASICS OF EPOXY” (hereafter “Entropy Resins”).
Addressing claim 1, Benton discloses a solid-state reference electrode (11) configured to provide a reference potential in an electrochemical analyzer (see the Abstract, Figure 1, and page 3, lines 20-23), the solid-state reference electrode comprising:
a conductor element (the wire, unlabeled, but clearly visible in Figure 1,
that is part of electrode 16.) comprising a metal (Benton does not disclose whether or not this wire comprises a metal, but if not inherent, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to have this wire be made of the metal silver because Benton does disclose that electrode 16 is an Ag/AgCl electrode. See Benton page 13, line 28. In any event, to have the wire of electrode 16, in light of Ahmad, which discloses a reference electrode having an Ag/AgCl electrode comprising a silver wire (see in Ahmad the title, page 3, lines 4-6; page 6, lines 15-22; and claim 1), comprise silver is prima facie obvious as simple substitution of one known element (wire material for a Ag/AgCl electrode (if it could even be other than Ag) for another to obtain a predictable result.). See MPEP 2143(I)(B).) ) and a coating comprising a solid salt (Ag/AgCl) of the metal (see again Benton page 13, line 28; and Ahmad page 3, lines 4-6; page 6, lines 15-22; and
claim 1); and
a solid-sate polymeric composition (18; see Benton page 10, lines 10-13, and page 10, lines 27-30) disposed in contact with the conductor element (see Benton Figure 1), the solid-state polymeric composition comprising a solidified mix of:
a cured resin (as a first matter the Examiner notes that the adjective “cured” is a product-by-process limitation. As such the claim is not limited to the manipulation of this step (curing), only the structure implied by the step. See MPEP 2113. Benton discloses
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See Benton last paragraph on page 10, bridging to page 11.
One of ordinary skill in the art would at least consider the indicated two-part epoxy to be cured. See in Entropy Resins “Epoxy Resin and Hardener- Careful measuring and thorough mixing of epoxy resin and hardener are essential for epoxy to cure properly….” and ” EPOXY CURE STAGES Mixing epoxy resin with a hardener begins a chemical reaction that transforms the combined liquid ingredients into a solid.” Indeed, Benton can be said to said to directly disclose the polymer being cured as Benton states, “The hydrophilic polymer thusly forms a network within the binder upon curing.” See Benton page 11, lines 23-24.),
a salt (potassium chloride; Benton page 11, lines 3-5) that produces substantially equitransferent ions (Applicant’s specification as-filed states in paragraph [0035], “Equitransferent salt is necessary for reference electrodes because it helps to minimize the diffusion potential at the junction between the reference electrode and the test solution that allows for a stable and reproducible reference potential. While KCl is described as an example, other equitransferent salts such as rubidium chloride (RbCl) or Cesium Chloride (CsCl) may also be used. [italicizing by the Examiner]” Also see claim 4 of Applicant’s application.), and
a polyol (glycerol) that facilitates ionic conductivity within the solid-sate polymeric composition (this feature is implied by the following “A high boiling point solvent such as glycerol is added to the binder/salt mixture to provide the salt with some solubility.” See Benton page 11, lines 29-31.).
Addressing claim 2, for the additional limitation of this claim note the following in Benton
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(see Benton page 13), and
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(see Benton page 12).
Addressing claim 4, for the additional limitation of this claim see Benton page 11, lines 3-5, and page 13, lines 9-12.
Addressing claims 7 and 8, for the additional limitations of these claims see Benton page 11, lines 29-31.
Addressing claim 10, as a first matter the Examiner notes that the listed percentage ranges are vague as there is no measurement unit associated with any of them. In any event, assuming that Applicant intends for the percentage ranges to be weight percentages, the disclosed example polymeric composition in Benton does not appear very dissimilar from that claimed:
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As Benton allows for substitutions of other substances for the polymeric composition (for example, see Benton page 10, line 27 to page 11, line 11), which will have different molecular weights than those of the substances used in the example (Benton states, for example, “The hydrophilic polymer is a high molecular weight (2 million to 50 million) polymer that is both hydrophilic and pseudoplastic. [italicizing by the Examiner]” See page 11, lines 9-11.), the claimed ranges, barring evidence to the contrary, such as unexpected results, appear prima facie obvious as just a consequence of substitution of one known element (one or more of the substances listed in the Benton Example) for another (alternative substances disclosed by or within the scope of Benton) to obtain predictable results. See MPEP 2143(I)(B).
Addressing claims 11 and 12, for the additional limitations of these claims recall the following from the rejection of underlying claim 1 above
a conductor element (the wire, unlabeled, but clearly visible in Figure 1,
that is part of electrode 16.) comprising a metal (Benton does not disclose whether or not this wire comprises a metal, but if not inherent, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to have this wire be made of the metal silver because Benton does disclose that electrode 16 is an Ag/AgCl electrode. See Benton page 13, line 28. In any event, to have the wire of electrode 16, in light of Ahmad, which discloses a reference electrode having an Ag/AgCl electrode comprising a silver wire (see in Ahmad the title, page 3, lines 4-6; page 6, lines 15-22; and claim 1), comprise silver is prima facie obvious as simple substitution of one known element (wire material for a Ag/AgCl electrode (if it could even be other than Ag) for another to obtain a predictable result.). See MPEP 2143(I)(B).) ) and a coating comprising a solid salt (Ag/AgCl) of the metal (see again Benton page 13, line 28; and Ahmad page 3, lines 4-6; page 6, lines 15-22; and claim 1); and . . . .
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Benton in view of Ahmad, and as evidenced by Entropy Resins, as applied to claims 1, 2, 4, 7, 8, and 10-12 above, and further in view of Jordan Smith, “Construction Materials - What Is Cyanoacrylate (Super Glue) and How Does It Work? “, online article, M.T. Copeland Technologies, Dec. 20, 2020 (hereafter “Smith”).
Addressing claim 3, in the rejection of underlying claim 1 the two-part epoxy disclosed by Benton is relied upon as the claimed “cured resin”. However, Benton does disclose cyanoacrylates as alternative resins. See Benton page 10, lines 27-30, which is reproduced in the rejection of claim 1 above. Smith evidences that cyanoacrylates are cured resins (for example, under the heading “Varieties of Cyanoacrylate”3
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,
(under the heading “How does Cyanoacrylate Work?)
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) Benton also discloses that the housing 12, which encases the resin
(Figure 1) may be made from a variety of materials:
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(see Benton page 3).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to have the cured resin in the solid-state reference electrode of Benton be a polyacrylate (such as a cyanoacrylate) instead of two-part epoxy because this is prima facie obvious simple substitution of one known element (cyanoacrylate as reference electrode resin material (adhesive material), which is already taught by Benton alone) for another (epoxy) with predictable results. See MPEP 2143(I)(B). Put another way, one of ordinary skill in the art would be able to consult relevant product data sheets to determine which resin (of those disclosed by Benton) would be suitable or even optimal in compatibility with the material from which the housing is made. Moreover, Smith discloses,
“This type of glue is, in fact, super, crazy strong, with tensile strengths reaching up to 4,000 psi (depending on the material it is bonding) and without any of the mess of a two-part epoxy system. [italicizing by the Examiner]”
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Benton in view of Ahmad, and as evidenced by Entropy Resins, as applied to claims 1, 2, 4, 7, 8, and 10-12 above, and further in view of Rolf Thrier US 2014/0034515 A1 (hereafter “Thrier”) as evidenced by Jan et al., “Role of Surface Electric Charge in Red Blood Cell Interactions,” THE JOURNAL OF GENERAL PHYSIOLOGY · VOLUME 6i, I973 pages 638-654 (hereafter “Jan”) or further in view of Leung et al., “Effect and Prevention of Trace Ag+ Contamination from Ag/AgCl Reference Electrodes on CO2 Reduction Product Distributions at Polycrystalline Copper Electrodes,” ACS Appl. Energy Mater. 2019, 2, 8283−8293 (hereafter “Leung”).
Addressing claim 5, Benton as modified in the rejection of underlying claim 1 does not disclose “. . . ., wherein the solidified mix further comprises a secondary salt that reduces effects of erythrocytes on a junction potential between the solid-state reference electrode and a sample in the electrochemical analyzer.”
Thrier discloses a reference electrode comprising a first salt, which may be KCl, and a secondary salt (“modifying electrolyte”), such as sodium citrate. See the title, and paragraphs [0017], [0034] (noting especially “as well as their salts”), [0056], and [0088], and claim 9 (noting especially “salts of said acids…”).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to include a secondary salt as taught by Thrier in the solid-state composition of modified Benton because it will prevent biofouling such as contamination and/or clogging of the reference electrode porous membrane (ion diffusion junction 32 in Benton Figure 1. See also Benton page 4, lines 26-28) when it contacts the sample solution, so improving the stability of the reference electrode. See Thrier paragraphs [0009], [0011], [0012], [0014], [0022], [0024], [0030], and [0031].
As for the secondary salt of Thrier reducing effects of erythrocytes on a junction potential between the solid-state reference electrode and a sample in the electrochemical analyzer there is a reasonable expectation that it would do as Thrier discloses
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(see Thrier paragraph [0009],
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In this regard note that Jan evidences that erythrocytes (red blood cells) have a surface charge. See in Jan the title, Abstract, and the first paragraph of the Introduction.
Alternatively, Leung discloses including in an Ag/AgCl/KCl reference electrode NaHCO3. See the first sentence of Electrochemical Measurements, which is on page 8284, and the Figure 1(c) caption.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to include a secondary salt as taught by Leung in the solid-state composition of modified Benton because Leung discloses
“We also confirm that using a double-junction Ag/AgCl/KCl(sat.)/0.1 M NaHCO3
reference electrode successfully prevents Ag+ leakage during the course of our controlled potential electrolysis (CPE) experiments. [italicizing by the Examiner]”
(see Leung page 8284, left column), and\
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(see Leung page 8291).
As for the secondary salt of Jan (NaHCO3) reducing effects of erythrocytes on a junction potential between the solid-state reference electrode and a sample in the electrochemical analyzer there is a reasonable expectation that it would do as claim 6, which depends from claim 5, discloses that the secondary salt may be sodium bicarbonate. In this regard note that it has been held that if the composition in the prior art is physically the same as claimed, it must have the same properties. See MPEP 2112.01(II).
Addressing claim 6, for the additional limitation of this claim recall form the rejection of underlying claim 1 that Leumg discloses sodium bicarbonate as the secondary salt.
Claims 13-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mansouri et al. US 6,872,297 B2 (hereafter “Mansouri”) in view of Benton, and Ahmad as evidenced by Entropy Resins.
Addressing claim 13, Mansouri discloses a module for an electrochemical analyzer (electrode card 50 in Figure 1; see the title, Abstract, and col. 10:37-41), the module comprising:
a flow path configured to receive a fluid sample (sensor channel 56 in Figure 2. Note also the “Solution Inlet” and flow channel 24, and see col. 14:12-15).
Mansouri, though, while disclosing a reference electrode (although 106 in
Figure 2 is indicated to be the reference electrode the Examiner is construing 106 along with the “refence inlet”, well 64, and capillary 66 to broadly form the reference electrode as they have reference electrode functions. See col. 13:58 to col. 14:11.), it is not, as claimed,
a solid-state reference electrode, comprising a reservoir within which a solid-sate polymeric composition is disposed, the solid-state polymeric composition comprising:
a cured resin,
a salt that produces substantially equitransferent ions, and
a polyol compound that facilitates ionic conductivity within the solid-sate polymeric composition; and
a junction structure disposed between the reservoir and the flow path, a shape of the junction structure configured to (i) allow the fluid sample in the sample input port to come in contact with the solid-state polymeric composition and (ii) facilitate a substantially constant ion flux between the fluid sample and the solid-state polymeric composition.4
Benton discloses a solid-state reference electrode (11) configured to provide a reference potential in an electrochemical analyzer (see the Abstract, Figure 1, and
page 3, lines 20-23), the solid-state reference electrode comprising:
a conductor element (the wire, unlabeled, but clearly visible in Figure 1,
that is part of electrode 16.) comprising a metal (Benton does not disclose whether or not this wire comprises a metal, but if not inherent, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to have this wire be made of the metal silver because Benton does disclose that electrode 16 is an Ag/AgCl electrode. See Benton page 13, line 28. In any event, to have the wire of electrode 16, in light of Ahmad, which discloses a reference electrode having an Ag/AgCl electrode comprising a silver wire (see in Ahmad the title, page 3, lines 4-6; page 6, lines 15-22; and claim 1), comprise silver is prima facie obvious as simple substitution of one known element (wire material for a Ag/AgCl electrode (if it could even be other than Ag) for another to obtain a predictable result.). See MPEP 2143(I)(B).) ) and a coating comprising a solid salt (Ag/AgCl) of the metal (see again Benton page 13, line 28; and Ahmad page 3, lines 4-6; page 6, lines 15-22; and
claim 1); and
a solid-sate polymeric composition (18; see Benton page 10, lines 10-13, and page 10, lines 27-30) disposed in contact with the conductor element (see Benton Figure 1), the solid-state polymeric composition comprising a solidified mix of:
a cured resin (as a first matter the Examiner notes that the adjective “cured” is a product-by-process limitation. As such the claim is not limited to the manipulation of this step (curing), only the structure implied by the step. See MPEP 2113. Benton discloses
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See Benton last paragraph on page 10, bridging to page 11.
One of ordinary skill in the art would at least consider the indicated two-part epoxy to be cured. See in Entropy Resins “Epoxy Resin and Hardener- Careful measuring and thorough mixing of epoxy resin and hardener are essential for epoxy to cure properly….” and ” EPOXY CURE STAGES Mixing epoxy resin with a hardener begins a chemical reaction that transforms the combined liquid ingredients into a solid.” Indeed, Benton can be said to said to directly disclose the polymer being cured as Benton states, “The hydrophilic polymer thusly forms a network within the binder upon curing.” See Benton page 11, lines 23-24.),
a salt (potassium chloride; Benton page 11, lines 3-5) that produces substantially equitransferent ions (Applicant’s specification as-filed states in paragraph [0035], “Equitransferent salt is necessary for reference electrodes because it helps to minimize the diffusion potential at the junction between the reference electrode and the test solution that allows for a stable and reproducible reference potential. While KCl is described as an example, other equitransferent salts such as rubidium chloride (RbCl) or Cesium Chloride (CsCl) may also be used. [italicizing by the Examiner]” Also see claim 4 of Applicant’s application.), and
a polyol (glycerol) that facilitates ionic conductivity within the solid-sate polymeric composition (this feature is implied by the following “A high boiling point solvent such as glycerol is added to the binder/salt mixture to provide the salt with some solubility.” See Benton page 11, lines 29-31.).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to adapt the reference electrode of modified Benton as the reference electrode of Mansouri5 because
(1) Mansouiri already discloses having the reference electrode comprise silver metal (col. 26:30-34);
(2) Mansouri already discloses having the reference electrode comprise a potassium salt (col. 26:34-41);
(3) one of ordinary skill in the art could readily form the cured resin of modified Benton in well 64 and capillary 66 of Mansouri Figure 2; and
(4) the solid-sate reference electrode of modified Benton offers significant advantages over the current reference electrode assembly in Mansouri as it will simplify manufacture and use of the module by no longer requiring a reference solution reservoir (28 in Mansouri Figure 1 and col. 9:49-50, also implied by Mansouri col. 13:58-61), Reference Inlet (Manouri Figure 2), fluidic pathway (capillary tube perhaps) between the reference solution reservoir and the Reference Inlet, and controlled pumping of the reference solution. See Mansouri col. 13:58 – col. 14:11 and col. 26:30-54.
As for the claim 13 limitation “a junction structure disposed between the reservoir and the flow path, a shape of the junction structure configured to (i) allow the fluid sample in the sample input port to come in contact with the solid-state polymeric composition and (ii) facilitate a substantially constant ion flux between the fluid sample and the solid-state polymeric composition…”, consider annotated Mansouri Figure 2 below
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along with the following in Benton
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See Benton page 12, lines 5-8.
Addressing claim 14, for the additional limitation of this claim note the following in Benton
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(see Benton page 12).
Addressing claim 15, for the additional limitation of this claim note that reference electrode well 64 in Mansouri Figure 2 appears to have an ellipsoid shape. In any event, the Examiner is not aware of any established scientific theory or experimental data establishing that a reservoir having an ellipsoid shape will facilitate substantially constant ion flux between the fluid sample and the solid-state polymeric composition compared to any other basic geometrical shape, such as rectangular or circular. Until such as showing is provided by Applicant the Examiner will view having the reservoir have an ellipsoid shape is prima facie obvious as a mere change in shape of the reservoir with no material effect on its operation or performance. MPEP 2144.04(IV)(B).
Addressing claim 16, although not drawn to scale, the additional limitations of this claim are suggested by annotated Mansouri Figure 2 below
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In any event, to have the first opening and second opening relatively sized as claimed is prima facie obvious as a change in size or proportion of the first opening and/or second opening with no material effect on the operation of the reference electrode. See MPEP 2144.04(IV)(A). To have the junction structure shaped as claimed is prima facie obvious as a mere change in shape of the reservoir with no material effect on its operation or performance. MPEP 2144.04(IV)(B).
Addressing claim 17, for the additional limitation of this claim see Mansouri Figure 2 noting the numerous sensors provided along sensor channel 56, such as Creatine 118, pH 94, and Na 78.
Addressing claim 20, Mansouri discloses an electrochemical measurement device for an electrochemical analyzer (electrode card 50 in Figure 1; see the title, Abstract, and col. 10:37-41), the module comprising:
a flow path configured to receive a fluid sample (sensor channel 56 in Figure 2. Note also the “Solution Inlet” and flow channel 24, and see col. 14:12-15).
Mansouri, though, while disclosing a reference electrode (although 106 in
Figure 2 is indicated to be the reference electrode the Examiner is construing 106 along with the “refence inlet”, well 64, and capillary 66 to broadly form the reference electrode as they have reference electrode functions. See col. 13:58 to col. 14:11.), it does not, as claimed, comprise “a solidified mix of: a cured resin, a salt that produces the substantially equitransferent ions, and a polyol that facilitates the substantially constant ionic mobility within the solid-sate polymeric composition.”
Benton discloses a solid-state reference electrode (11) configured to provide a reference potential in an electrochemical analyzer (see the Abstract, Figure 1, and
page 3, lines 20-23), the solid-state reference electrode comprising:
a conductor element (the wire, unlabeled, but clearly visible in Figure 1,
that is part of electrode 16.) comprising a metal (Benton does not disclose whether or not this wire comprises a metal, but if not inherent, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to have this wire be made of the metal silver because Benton does disclose that electrode 16 is an Ag/AgCl electrode. See Benton page 13, line 28. In any event, to have the wire of electrode 16, in light of Ahmad, which discloses a reference electrode having an Ag/AgCl electrode comprising a silver wire (see in Ahmad the title, page 3, lines 4-6; page 6, lines 15-22; and claim 1), comprise silver is prima facie obvious as simple substitution of one known element (wire material for a Ag/AgCl electrode (if it could even be other than Ag) for another to obtain a predictable result.). See MPEP 2143(I)(B).) ) and a coating comprising a solid salt (Ag/AgCl) of the metal (see again Benton page 13, line 28; and Ahmad page 3, lines 4-6; page 6, lines 15-22; and
claim 1); and
a solid-sate polymeric composition (18; see Benton page 10, lines 10-13, and page 10, lines 27-30) disposed in contact with the conductor element (see Benton Figure 1), the solid-state polymeric composition comprising a solidified mix of:
a cured resin (as a first matter the Examiner notes that the adjective “cured” is a product-by-process limitation. As such the claim is not limited to the manipulation of this step (curing), only the structure implied by the step. See MPEP 2113. Benton discloses
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See Benton last paragraph on page 10, bridging to page 11.
One of ordinary skill in the art would at least consider the indicated two-part epoxy to be cured. See in Entropy Resins “Epoxy Resin and Hardener- Careful measuring and thorough mixing of epoxy resin and hardener are essential for epoxy to cure properly….” and ” EPOXY CURE STAGES Mixing epoxy resin with a hardener begins a chemical reaction that transforms the combined liquid ingredients into a solid.” Indeed, Benton can be said to said to directly disclose the polymer being cured as Benton states, “The hydrophilic polymer thusly forms a network within the binder upon curing.” See Benton page 11, lines 23-24.),
a salt (potassium chloride; Benton page 11, lines 3-5) that produces substantially equitransferent ions (Applicant’s specification as-filed states in paragraph [0035], “Equitransferent salt is necessary for reference electrodes because it helps to minimize the diffusion potential at the junction between the reference electrode and the test solution that allows for a stable and reproducible reference potential. While KCl is described as an example, other equitransferent salts such as rubidium chloride (RbCl) or Cesium Chloride (CsCl) may also be used. [italicizing by the Examiner]” Also see claim 4 of Applicant’s application.), and
a polyol (glycerol) that facilitates ionic conductivity within the solid-sate polymeric composition (this feature is implied by the following “A high boiling point solvent such as glycerol is added to the binder/salt mixture to provide the salt with some solubility.” See Benton page 11, lines 29-31.).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to adapt the reference electrode of modified Benton as the reference electrode of Mansouri6 because
(1) Mansouiri already discloses having the reference electrode comprise silver metal (col. 26:30-34);
(2) Mansouri already discloses having the reference electrode comprise a potassium salt (col. 26:34-41);
(3) one of ordinary skill in the art could readily form the cured resin of modified Benton in well 64 and capillary 66 of Mansouri Figure 2; and
(4) the solid-sate reference electrode of modified Benton offers significant advantages over the current reference electrode assembly in Mansouri as it will simplify manufacture and use of the module by no longer requiring a reference solution reservoir (28 in Mansouri Figure 1 and col. 9:49-50, and implied by Mansouri col. 13:58-61), Reference Inlet (Manouri Figure 2), fluidic pathway (capillary tube perhaps) between the reference solution reservoir and the Reference Inlet, and controlled pumping of the reference solution. See Mansouri col. 13:58 – col. 14:11 and col. 26:30-54.
As for the claim 20 limitation “. . . . a junction structure disposed between (i) a flow path of the fluid sample and (ii) a reservoir housing a solid-state polymeric composition configured to support the solid-state reference electrode, wherein the solid-state polymeric composition is configured to provide a substantially constant ionic flux of substantially equitransferent ions through the junction structure; . . . .”, consider annotated Mansouri Figure 2 below
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along with the following in Benton
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See Benton page 12, lines 5-8.
As for the claim 20 limitations (underlining by the Examiner)
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, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to perform these “receiving”, “contacting”, and “measuring” steps because this would just be a matter of using the modified electrochemical device of Mansouri as just described intended (and largely as originally disclosed as how to be used). Consider Benton Figure 1 and 2, col. 8:41-53, and col. 10:6-13.
Other Relevant Prior Art
The Search Report in Luxembourg Patent Appln. No. 103237, mailed on August 12, 2024, 12 pages (with English Translation), which is cited on Applicant’s Disclosure Statement of September 25, 2024, cites US 2010/252428 A1 as an “X” document against claims 1-4, 8, 9, and 12-15 of that application; WO 92/06370 A1 as an “X” document against claims 1-3, 5, 7-9, and 12-15; and US 2001/025790 A1 as an “X” document against claims 1, 3-5, 8, 9, 12, 13, and 15.
Regarding US 2010/252428 A1, it can not be said to clearly disclose a solid-sate reference electrode, particularly one having a cured resin, as it states,
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In any event, as the claims stand now, it is redundant with Benton applied in the prior art rejections above.
Regarding WO 92/06370 A1, it is Benton applied in the prior art rejections above.
Regarding US 2001/025790 A1, it is Thrier used in anticipatory rejections under 35 U.S.C. 102(a)(2) above.
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
a) in claim 9 the combination of limitations requires “. . . ., wherein the non-ionic surfactant material comprises lauroyl/myristoyl methyl glucamide. [underlining by the Examiner]”
In contrast, the only non-ionic surfactant specifically mentioned in Benton is Tergitol 15-S-9 from Union Carbide. See Benton page 13, lines 18-23, and page 12, lines 5-10. Tergitol appears to be a proprietary compound, but as best determined by the Examiner it comprises secondary alcohol ethoxylates. See the Dow® Tergitol™ 15-S-9 Properties sheet (second row under Typical Properties). Although Benton does allow for other non-ionic surfactants to be used, it would not have been obvious to instead use lauroyl/myristoyl methyl glucamide because it does not appear to have been used much, if at all, in electrochemical sensors. Instead, it is commonly used in personal care products, such as skin cleansers. Also, it is not chemically similar to secondary alcohol ethoxylates. See Mixture Components in lauroyl/myristoyl methyl glucamide entry in the U.S. Department of Health & Human Services, National Institutes of Health, GSRS (Global Substance Registration System) website.
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/ALEXANDER S NOGUEROLA/Primary Examiner, Art Unit 1795 November 6, 2025
1 Applicant’s specification as-filed states in paragraph [0035], “Equitransferent salt is necessary for reference electrodes because it helps to minimize the diffusion potential at the junction between the reference electrode and the test solution that allows for a stable and reproducible reference potential. While KCl is described as an example, other equitransferent salts such as rubidium chloride (RbCl) or Cesium Chloride (CsCl) may also be used. [italicizing by the Examiner]” Also see claim 4 of Applicant’s application.
2 Applicant’s specification as-filed states in paragraph [0035], “Equitransferent salt is necessary for reference electrodes because it helps to minimize the diffusion potential at the junction between the reference electrode and the test solution that allows for a stable and reproducible reference potential. While KCl is described as an example, other equitransferent salts such as rubidium chloride (RbCl) or Cesium Chloride (CsCl) may also be used. [italicizing by the Examiner]” Also see claim 4 of Applicant’s application.
3 Smith uses “SuperGlue” as a common name for cyanoacrylates: “Cyanoacrylate is a group of adhesives that form long and strong polymeric chains in the presence of water. If that term isn’t familiar, you may recognize the brand names of the most popular types of cyanoacrylate adhesives—Super Glue and Krazy Glue. “
4
5 Recall from earlier in this claim rejection that the Examiner is construing 106 along with the “reference inlet”, well 64, and capillary 66 in Mansouri to broadly form the reference electrode.
6 Recall from earlier in this claim rejection that the Examiner is construuing 106 along with the “reference inlet”, well 64, and capillary 66 in Mansouri to broadly form the reference electrode.