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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-11 in the reply filed on 06/05/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-7 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.
Regarding claims 5-7, the phrase "any" renders the claims indefinite because the claims include elements not actually disclosed (those encompassed by "any"), thereby rendering the scope of the claims unascertainable.
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.
Claim(s) 1-7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sacks et al. (“Sacks” US 2013/0149788 A1).
Regarding claim 1, Sacks teaches:
1. A hydrogen sulfide test kit (abstract, the present invention relates to kits, systems, and assays for quantifying elemental sulfur levels in a test sample; ¶ 0048, the present invention provides a kit for converting elemental sulfur from a test sample into volatilized hydrogen sulfide in situ and quantifying the elemental sulfur levels in the test sample, the kit includes a collection of reagents, a reaction chamber and instructions for using the kit; ¶ 0044-0045, the step of determining the amount of volatilized hydrogen sulfide from the test sample includes directing substantially all of the volatilized hydrogen sulfide to a hydrogen sulfide detection component and using the hydrogen sulfide detection component to measure the amount of volatilized hydrogen sulfide produced from the test sample, the term "hydrogen sulfide detection component" refers to any device, apparatus, or system that is effective for detecting and/or quantifying hydrogen sulfide, including volatilized hydrogen sulfide, examples of suitable hydrogen sulfide detection components include hydrogen sulfide colorimetric assays comprising a paper strip impregnated with a transition metal salt selected from the group consisting of lead sulfate, copper chloride, the hydrogen sulfide detection component can be part of a reaction vessel (e.g., a colorimetric strip on the inside of a cap of the reaction vessel), examples of various types of reaction vessels with hydrogen sulfide detection components are found in Figs. 2-5; ¶ 0028, Fig. 5 is a schematic of one embodiment of a detection system of the present invention; Fig 5, hydrogen sulfide test kit/system shown comprising reaction chamber/vessel comprising collection of reagents and hydrogen sulfide detection component (colorimetric assay comprising paper strip)) comprising:
a first reactant powder comprising citric acid (¶ 0048-0049, the kit includes a collection of reagents, "collection of regents" provided with the kid include at least following: (ii) a weak acid/weak base mixture; ¶ 0040, the term "weak acid/base mixture" refers to any mixture of compounds, compositions or agents that comprise both a weak acid or a weak base, suitable examples of weak acid/weak base mixtures in accordance with the present invention include the following: a mixture of citric acid and sodium bicarbonate. Hence, the first reactant/acid of the weak acid/weak base (citric acid/sodium bicarbonate) mixture is citric acid, which may be in powdered form; see instant specification ¶ 0022, using citric acid and sodium bicarbonate in powder form, the citric acid and sodium bicarbonate can be stored separately in powder form);
a second reactant powder comprising sodium bicarbonate (¶ 0048-0049, the kit includes a collection of reagents, "collection of regents" provided with the kid include at least following: (ii) a weak acid/weak base mixture; ¶ 0040, the term "weak acid/base mixture" refers to any mixture of compounds, compositions or agents that comprise both a weak acid or a weak base, suitable examples of weak acid/weak base mixtures in accordance with the present invention include the following: a mixture of citric acid and sodium bicarbonate. Hence, the second reactant/base of the weak acid/weak base (citric acid/sodium bicarbonate) mixture is sodium bicarbonate, which may be used in powdered form; see instant specification ¶ 0022, using citric acid and sodium bicarbonate in powder form, the citric acid and sodium bicarbonate can be stored separately in powder form); and
a test paper configured to change color upon contact with hydrogen sulfide (¶ 0045, examples of suitable hydrogen sulfide detection components include hydrogen sulfide colorimetric assays comprising a paper strip impregnated with a transition metal salt selected from the group consisting of lead sulfate, copper chloride, the hydrogen sulfide detection component can be part of a reaction vessel (e.g., a colorimetric strip on the inside of a cap of the reaction vessel), examples of various types of reaction vessels with hydrogen sulfide detection components are found in Figs. 2-5; ¶ 0021, the H2S evolved is concurrently volatilized and quantified or detected by a colorimetric reaction with a metal salt; ¶ 0057, the HS2 formed in situ, proportional to the initial elemental S concentration, is detected or quantified by colorimetric reaction with a metal-salt impregnated strip; ¶ 0090, the H2S concentration is determined by the length of color change along the colorimetric H2S detection stick; ¶ 0063, the paper strip will then react with the H2S evolved, and the amount of darkening will be proportional to the original elemental S concentration in the sample; Fig 5, hydrogen sulfide test kit comprising reactor chamber/vessel comprising a hydrogen sulfide colorimetric assay comprising a paper strip impregnated with a metal salt which changes color upon contact with the formed/evolved hydrogen sulfide/H2S in situ due to the colorimetric reaction between the hydrogen sulfide and the metal salt),
wherein the first and second reactant powders are physically separated from each other (¶ 0048-0049, the kit includes a collection of reagents, "collection of regents" provided with the kid include at least following: (ii) a weak acid/weak base mixture; ¶ 0040, the term "weak acid/base mixture" refers to any mixture of compounds, compositions or agents that comprise both a weak acid or a weak base, suitable examples of weak acid/weak base mixtures in accordance with the present invention include the following: a mixture of citric acid and sodium bicarbonate; ¶ 0067, citric acid can be suspended in a solid plug of PEG-1500 at the bottom of a tube or flask, this approach may be more convenient for end users, since all reagents are present in the reaction vessel, a sample in water is then added to the reaction vessel, and the sample heated to 80 degrees C to melt the PEG 1500 and allow the sample and reagents to mix, the mixing is aided by the CO2 produced from the reaction of citric acid and sodium bicarbonate citric acid reaction, ¶ 0047, examples of suitable reaction chambers include beakers, flasks, and the like; Fig 5, before sample in water is added and heated for reaction of all reagents including the sodium bicarbonate/citric acid reaction, reaction vessel/flask/beaker comprises the sodium bicarbonate powder (second reactant powder) physically separated from the citric acid (first reactant powder) that is isolated in the solid plug of PEG-1500. Hence, before the sample in water is added and heated for melting of the solid plug of PEG-1500 comprising the isolated citric acid and for reaction of all the reagents including the reaction between sodium bicarbonate (second reactant powder) and citric acid (first reactant powder) in the reaction vessel/flask/beaker, it is within reason to interpret that the citric acid and sodium bicarbonate are physically separated from each other).
However, Sacks does not teach a specific example or embodiment comprising all components and aspects of the test kit. Based on the teachings of Sacks, it would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate all aforementioned components and aspects in a single hydrogen sulfide test kit in a single example or embodiment by routine experimentation.
Regarding claims 2, 5-7, 9 and 10, Sacks teaches:
2. The hydrogen sulfide test kit of claim 1, wherein: the first reactant powder is substantially free of sodium bicarbonate; and the second reactant powder is substantially free of citric acid (¶ 0048-0049, the kit includes a collection of reagents, "collection of regents" provided with the kid include at least following: (ii) a weak acid/weak base mixture; ¶ 0040, the term "weak acid/base mixture" refers to any mixture of compounds, compositions or agents that comprise both a weak acid or a weak base, suitable examples of weak acid/weak base mixtures in accordance with the present invention include the following: a mixture of citric acid and sodium bicarbonate. Hence, the first reactant powder is citric acid, free of sodium bicarbonate, and the second reactant powder is sodium bicarbonate, free of citric acid).
5. The hydrogen sulfide test kit of claim 1, wherein the first and second reactant powders do not include any desiccant (¶ 0048-0049, the kit includes a collection of reagents, "collection of regents" provided with the kid include at least following: (ii) a weak acid/weak base mixture; ¶ 0040, the term "weak acid/base mixture" refers to any mixture of compounds, compositions or agents that comprise both a weak acid or a weak base, suitable examples of weak acid/ weak base mixtures in accordance with the present invention include the following: a mixture of citric acid and sodium bicarbonate. Hence, the first and second reactant powders only comprise citric acid and sodium bicarbonate respectively, free of any desiccant).
6. The hydrogen sulfide test kit of claim 1, wherein the first and second reactant powders do not include any stabilizer (¶ 0048-0049, the kit includes a collection of reagents, "collection of regents" provided with the kid include at least following: (ii) a weak acid/weak base mixture; ¶ 0040, the term "weak acid/base mixture" refers to any mixture of compounds, compositions or agents that comprise both a weak acid or a weak base, suitable examples of weak acid/ weak base mixtures in accordance with the present invention include the following: a mixture of citric acid and sodium bicarbonate. Hence, the first and second reactant powders only comprise citric acid and sodium bicarbonate respectively, free of any stabilizer).
7. The hydrogen sulfide test kit of claim 1, wherein the first and second reactant powders do not include any potassium bicarbonate (¶ 0048-0049, the kit includes a collection of reagents, "collection of regents" provided with the kid include at least following: (ii) a weak acid/weak base mixture; ¶ 0040, the term "weak acid/base mixture" refers to any mixture of compounds, compositions or agents that comprise both a weak acid or a weak base, suitable examples of weak acid/weak base mixtures in accordance with the present invention include the following: a mixture of citric acid and sodium bicarbonate. Hence, the first and second reactant powders only comprise citric acid and sodium bicarbonate respectively, free of any potassium carbonate).
9. The hydrogen sulfide test kit of claim 1, wherein a degree to which the test paper changes color upon contact with hydrogen sulfide depends on an amount of the hydrogen sulfide that contacts with the test paper (¶ 0045, examples of suitable hydrogen sulfide detection components include hydrogen sulfide colorimetric assays comprising a paper strip impregnated with a transition metal salt selected from the group consisting of lead sulfate, copper chloride, the hydrogen sulfide detection component can be part of a reaction vessel (e.g., a colorimetric strip on the inside of a cap of the reaction vessel), examples of various types of reaction vessels with hydrogen sulfide detection components are found in Figs. 2-5; ¶ 0021, the H2S evolved is concurrently volatilized and quantified or detected by a colorimetric reaction with a metal salt; ¶ 0057, the HS2 formed in situ, proportional to the initial elemental S concentration, is detected or quantified by colorimetric reaction with a metal-salt impregnated strip; ¶ 0090, the H2S concentration is determined by the length of color change along the colorimetric H2S detection stick; ¶ 0083, the length of the tube darkened is linearly proportional to the quantity of H2S evolved; ¶ 0063, the paper strip will then react with the H2S evolved, and the amount of darkening will be proportional to the original elemental S concentration in the sample. Hence, the degree to which the test paper strip impregnated with a metal salt which changes color/darkens upon contact with the formed/evolved hydrogen sulfide/H2S in situ due to the colorimetric reaction between the hydrogen sulfide and the metal salt depends on the amount of hydrogen sulfide that contacts the paper, ultimately allowing for the determination/quantification of H2S concentration).
10. The hydrogen sulfide test kit of claim 1, further comprising: a test container configured to hold an aqueous sample, the test container comprising: an opening; and a removable lid configured to: close the opening of the test container, and hold the test paper such that the test paper is exposed to an inside of the test container when the lid closes the opening of the test container (¶ 0067, a sample in water is then added to the reaction vessel; ¶ 0047, examples of suitable reaction chambers include beakers, flasks, and the like; ¶ 0045, examples of suitable hydrogen sulfide detection components include hydrogen sulfide colorimetric assays comprising a paper strip impregnated with a transition metal salt selected from the group consisting of lead sulfate, copper chloride, the hydrogen sulfide detection component can be part of a reaction vessel (e.g., a colorimetric strip on the inside of a cap of the reaction vessel), examples of various types of reaction vessels with hydrogen sulfide detection components are found in Figs. 2-5; ¶ 0090, the sample is periodically agitated during heating, water is added, the flask capped, after 5 min, the lid is removed; ¶ 0063, capping the tube, where the underside of the cap contains an immobilized paper strip impregnated with lead sulfate; ¶ 0069, colorimetric paper strips attached to the reaction vessel cap; Fig 5, kit comprising test container/reaction vessel/flask/beaker configured to hold the sample in water (aqueous sample), the test container/reaction vessel/beaker comprising an opening as shown by the paper exposed to both the inside and outside of the reaction vessel/test container/beaker flask, a removable cap/lid that is configured to close the opening of the test container/beaker/flask/reaction vessel and hold the test paper such that the test paper is exposed to the inside of the test container/flask/beaker/reaction vessel when the lid closes the opening).
Regarding claim 3, Sacks teaches: 3. The hydrogen sulfide test kit of claim 1, further comprising: a first reactant container containing the first reactant powder (¶ 0067, citric acid can be suspended in a solid plug of PEG-1500 at the bottom of a tube or flask; ¶ 0061, 100-150 mL vessel; ¶ 0070, reaction vessels can be prepared; ¶ 0047, examples of suitable reaction chambers include beakers, flasks. Hence, the citric acid (first reactant powder) is contained in the first reactant container/reaction chamber, specifically the flask/beaker) and employing a second reactant container (¶ 0047, the methods of the present invention can be performed in a "reaction chamber", a "reaction chamber" refers to any vessel that is suitable for performing the methods as provided herein, examples of suitable reaction chambers include test tubes; ¶ 0061, 10-20 mL vessel; ¶ 0070, reaction vessels can be prepared. Hence, the second reactant container may be the test tube). However, Sacks does not explicitly teach a second reactant container containing the second reactant powder. Based on the teachings of Sacks, it would have been obvious to one of ordinary skill in the art at the time the invention was made to place the sodium bicarbonate (second reactant powder) into the second reactor container/test tube to optimize the usability and efficacy of the hydrogen sulfide test kit.
Regarding claim 4, Sacks does not explicitly teach: 4. The hydrogen sulfide test kit of claim 3, wherein: the first reactant container contains only the first reactant powder; and the second reactant container contains only the second reactant powder. Based on the teachings of Sacks, it would have been obvious to one of ordinary skill in the art at the time the invention was made to ensure that the first reactant container only comprises citric acid (first reactant powder) and the second reactant container only comprises sodium bicarbonate (second reactant powder) to optimize the usability and efficacy of the hydrogen sulfide test kit.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sacks et al. (“Sacks” US 2013/0149788 A1) in view of Lachance (“Lachance” US 2009/0186418 A1).
Regarding claim 8, Sacks teaches the hydrogen sulfide test kit of claim 1, wherein the test paper comprises lead sulfide and copper salts (¶ 0045, examples of suitable hydrogen sulfide detection components include hydrogen sulfide colorimetric assays comprising a paper strip impregnated with a transition metal salt selected from the group consisting of lead sulfate, copper chloride). However, Sacks does not explicitly teach: wherein the test paper comprises copper sulfate.
Lachance teaches a test kit for detecting sulfide (abstract, a test method and kit are disclosed, the method is for use with an object, said method comprising the steps of: exposing the undersurface to a sulfide, visually monitoring the appearance of the sulfide to which the undersurface was exposed for a color change, the test kit can comprise: a lead-free color comparison chart to which the color of the sulfide can be compared and a confirmation strip adapted to cause said sulfide to undergo a color change) comprising a test paper impregnated with copper sulfate (abstract, the test kit can comprise: a confirmation strip adapted to cause said sulfide to undergo a color change; ¶ 0030, the confirmation items take the form of paper strips, impregnated with copper sulfate in a 2-5% concentration range).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine both references to incorporate Lachance's copper sulfate-impregnated test paper into Sacks’ test kit to optimize the efficacy of the test kit in detecting hydrogen sulfide.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sacks et al. (“Sacks” US 2013/0149788 A1) in view of Kim et al. (“Kim” US 2022/0091106 A1).
Regarding claim 11, Sacks teaches the hydrogen sulfide test kit of claim 1, further comprising: color-coded results for a variety of concentrations of hydrogen sulfide (¶ 0045, "hydrogen sulfide detection component" refers to any device, apparatus, or system that is effective for detecting and/or quantifying hydrogen sulfide, including volatilized hydrogen sulfide, examples of suitable hydrogen sulfide detection components include hydrogen sulfide colorimetric assays comprising a paper strip impregnated with a transition metal salt, the hydrogen sulfide detection component can be part of a reaction vessel (e.g., a colorimetric strip on the inside of a cap of the reaction vessel); ¶ 0025, the hydrogen sulfide evolved darkens the detection strip. Hence, as colorimetric assays in general comprise test/reference charts for comparing color, it is within reason to interpret that the colorimetric assay used comprises a chart including color-coded results for a variety of concentrations of hydrogen sulfide as the colorimetric assay is used specifically to detect/determine the concentration of hydrogen sulfide based on the extent of color change; see Sacks ¶ 0090, the H2S concentration is determined by the length of color change along the colorimetric detection stick). However, Sacks does not explicitly teach: a test chart.
Kim teaches ¶ 0042, colorimetric assay may be performed by visually comparing a color change with a reference color chart.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate a reference color chart according to a concentration, as taught by Kim, into the kit of Sacks for comparing a color change with a reference color chart (Kim ¶ 0042).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEAN KWAK whose telephone number is (571)270-7072. The examiner can normally be reached M-TH, 4:30 am - 2:30 pm EST.
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/DEAN KWAK/Primary Examiner, Art Unit 1798
DEAN KWAK
Primary Examiner
Art Unit 1798
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