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 .
Specification
The disclosure is objected to because of the following informalities:
In the specification as filed, page 6, paragraph [0021], at both lines 5 and line 8 from top states “can contain a contain a portion” which appears to be a typographical error.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “114”, “116”, “118” (described at paragraph [0029] at page 10 of the specification as filed). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 3 and 4 are objected to because of the following informalities:
As to Claims 3 and 4, the instant claims recite the abbreviations “pC02” and “xCO2” in line 2 of each claim. Examiner suggests to define the abbreviations at first use in the claims.
Appropriate correction is required.
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.
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 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2020/0206682 A1 to Desai et al. (hereinafter “Desai”) in view of EP 3884970 A1 to Nix et al. (hereinafter “Nix”).
Regarding Claim 1, Desai teaches a carbon dioxide (CO2) measurement system (see abstract, paragraphs [0006] – [0008], [0053], [0055] describing electrochemical device which may be used as an electrochemical CO2 and water sensor, see also Fig. 8 including step 810 which senses C02 level with sensors) comprising:
a housing (see electrochemical device 10, Fig. 1 which includes a housing that separates “Environment 1” from “Environment 2”, see paragraph [0031], see also arrangement at Figs. 3 – 5 which illustrates housing of the electrochemical device 10, see paragraphs [0034] – [0037]);
an air-side gas permeation unit (see for instant anode chamber 30 with air inlet 57 and including gas diffusion layer 49, Fig. 3, see paragraph [0034], thus the gas diffusion layer 49 aids in distribution of the gas flow, hence serving as the claimed gas permeation unit) which includes in operable communication with the housing (see arrangement at Fig. 3);
a water-side gas permeation unit (see for instant cathode chamber 32 with inlet 54 which receives CO2 and water and including gas diffusion layer 48, Fig. 3, see paragraphs [0034] – [0035], thus the gas diffusion layer 48 aids in distribution of the gas flow, hence serving as the claimed gas permeation unit) in operable communication with the housing (see arrangement at Fig. 3);
a gas stream (see gas stream as indicated at Figs. 2, 3), wherein at least a portion of the gas stream is within the housing and the gas stream is in fluid communication with the air-side gas permeation unit and the water-side gas permeation unit (see arrangement at Figs. 2, 3, see paragraphs [0034]- [0035]);
at least one CO2 sensor (see sensors 60a,b, 61a-b, see paragraph [0036], see also paragraphs [0053], [0055]) within the housing in fluid communication with the gas stream (see arrangement at Fig. 3 illustrating the sensors 60, 61 arranged within the housing); and
a control unit (see controller 58, Fig. 3) within the housing (see combination of Fig. 1 and Figs. 3 – 5 illustrating the housing and the electromechanical device 10 respectively, hence reading on the invention as claimed), wherein at least one of the CO2 sensor (60, 61) and the control unit (58) are configured to determine a delta value corresponding to a difference between an air-side CO2 value and a water-side CO2 value (see paragraph [0036] describing controller 58 that monitors the gaseous composition in one or more of the airflows and/or chambers through the use of the one or more gas sensors 60a-b, 61a-b and further states “the controller 58 that communicates with one or more components of the electrochemical device 10 that are able to effect a change in the levels, such as a switch 62 and/or rheostat 64 in the electrical circuit 36”, see also paragraphs [0053] – [0055] describing sensing CO2 levels at various locations of the electrochemical device such as input and/or output of the electrochemical device and input/output to the exterior environment including adjustments made to increase or decrease voltage applied to the electrochemical device etc., hence reading on the invention as claimed).
Insofar as Desai may be construed as not explicitly stating the control unit configured to “determine delta value corresponding to a difference between an air-side CO2 value and a water-side CO2 value”, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize a “delta value” that corresponds to the difference between the cathode and the anode side (i.e., an air side value and the water side value) as claimed, since the adjustment implemented by Desai and/or the circuitry used by Desai does take the measurement from both sides when determining the concentration values of the gas being detected, hence reading on the invention as claimed.
In addition, Nix, in the field of device and method for determining CO2 value of an oxygenator, teaches wherein at least one of the CO2 sensor (see C02 sensor 10, Fig. 1, see abstract, paragraph [0056]) and the control unit (see control unit 12, Fig. 1, see paragraph [0056]) are configured to determine a delta value corresponding to a difference (see abstract, see also paragraphs [0020], [0023], [0028], [0057] and [0059] describing determining the CO2 by utilizing the CO2 diffusion gradient between the blood (i.e., liquid side) and the gas side through the permeable membrane becomes zero, hence reading on the invention as claimed) between an air-side CO2 value (see gas side 6, Fig. 1) and a water-side CO2 value (see blood side 2 i.e., liquid side, Fig. 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the CO2 determination method which utilizes gradient across the membrane of Nix into Desai, in order to accurately determine the CO2 within the system.
Regarding Claim 2, Desai in view of Nix as modified above teaches wherein the delta value is related to a flux of CO2 (see paragraphs [0027], [0036] - [0039], [0052] – [0053] of Desai describing the rate and direction of the flow of the input gas for the determination of the C02 and/or see abstract of Nix describing use of the change in rate of the measured C02 and direction of the flow, hence reading on the invention as claimed).
Regarding Claim 3, Desai in view of Nix as modified above teaches wherein the air-side CO2 value is at least one of a pCO2 value and a xCO2 value (see paragraphs [0051] – [0052] of Desai and/or see abstract and paragraphs [0056] – [0059] of Nix describing pC02 values at either side of the membrane, hence reading on the invention as claimed).
Regarding Claim 4, Desai in view of Nix as modified above teaches wherein the water-side CO2 value is at least one of a pCO2 value and a xCO2 value (see paragraphs [0051] – [0052] of Desai and/or see abstract and paragraphs [0056] – [0059] of Nix describing pC02 values at either side of the membrane, hence reading on the invention as claimed).
Regarding Claim 5, Desai in view of Nix as modified above teaches further comprising a first valve (see for instance Fig. 9 of Desai illustrating valves 906a-b which is used to combine gases from the respective tanks 902, 904 or other gaseous environments to an intake manifold 908 as described at paragraphs [0058] – [0060] of Desai).
Even though Desai teaches a first valve located at the respective tanks 902 and 904 as described above, Desai in view of Nix does not explicitly teach a first valve configured to combine an air-side gas stream and a water-side gas stream into a combined gas stream. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a first valve as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
Regarding Claim 6, Desai in view of Nix as modified above teaches further comprising a second valve (see for instance Fig. 9 of Desai illustrating valves 906a-b which is used to combine gases from the respective tanks 902, 904 or other gaseous environments to an intake manifold 908 as described at paragraphs [0058] – [0060] of Desai).
Even though Desai teaches a first valve located at the respective tanks 902 and 904 as described above, Desai in view of Nix does not explicitly teach a second valve configured to split a combined gas stream into an air-side gas stream and a water-side gas stream. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a second valve as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
Regarding Claim 7, Desai in view of Nix as modified above teaches wherein the CO2 sensor is contained within a sensor chamber (see sensors 60a, 61a, Fig. 3 of Desai arranged inside the chambers 30, 32 respectively and/or device 10), the sensor chamber further comprising at least one of a pressure sensor, a temperature sensor, and a humidity sensor (see paragraph [0053] of Desai describing use of CO2 and/or humidity sensors, hence reading on the invention as claimed).
Regarding Claim 8, Desai in view of Nix as modified above teaches further comprising a desiccant chamber (see for instance paragraph [0037] of Desai describing use of one or more bipolar plate 76 and insulation layer 70 which may be heating/cooling plates, hence aiding in drying the air within, see also paragraph [0061] and Fig. 9 of Desai which illustrates heater 926 configured to heat the cell, therefore, reading on the invention as claimed).
Regarding Claim 9, Desai in view of Nix as modified above teaches further comprising a pump (see one mor more pumps 24, 26, Fig. 1 of Desai).
Regarding Claim 10, Desai in view of Nix as modified above teaches further comprising at least one air-side thermometer and/or at least one water-side thermometer (see claim 12 of Desai describing use of temperature control unit configured to modulate the temperature of fluid, thus being on either side of as claimed, hence reading on the invention as claimed).
Regarding Claim 11, Desai in view of Nix as modified above teaches wherein the control unit is in operable communication with at least one of a first valve, a second valve, a desiccant chamber, a sensor chamber, an air-side thermometer, and a water-side thermometer (see arrangement at Figs. 1 - 3 of Desai which illustrates a control unit 58 in operable communication with at least one of the sensor chamber, hence reading on the invention as claimed).
Regarding Claim 12, Desai in view of Nix as modified above teaches wherein the delta value is determined based at least in part on a retrieved data set and/or algorithm (see modification of claim 1 above, see abstract, paragraphs [0020], [0023], [0028], [0057] and [0059] of Nix describing determining the CO2 by utilizing the CO2 diffusion gradient between the blood (i.e., liquid side) and the gas side through the permeable membrane becomes zero, hence reading on the invention as claimed .
Regarding Claim 13, Desai in view of Nix as modified above teaches wherein the control unit comprises a microcontroller (see controller 58 comprising hardware processor P as described at paragraph [0036] of Desai, hence reading on the invention as claimed).
Regarding Claim 14, Desai in view of Nix as modified above teaches wherein the control unit comprises a data logger (see controller 58 comprising memory M as described at paragraph [0036] of Desai, hence reading on the invention as claimed).
Regarding Claim 15, Desai in view of Nix as modified above teaches the claimed invention except for wherein the control unit comprises a wireless communication component. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a wireless communication component for the control unit, since it is known in the art of computers that communication component between the controller and other components can be wireless and/or wired as per user’s desire. The modification allows for a faster and efficient data transfer.
Regarding Claim 16, Desai in view of Nix as modified in claim 1 above teaches a method of measuring CO2 in an aquatic environment (see electrochemical devices used in buildings having C02 and water of Desai), the method comprising: receiving, by a CO2 measurement system of claim 1, an air-side CO2 input into a gas stream of the CO2 measurement system; receiving, by the CO2 measurement system, a water-side CO2 input into the gas stream of the CO2 measurement system; and determining a delta value corresponding to a difference between an air-side CO2 value and a water-side CO2 value (see rejection of claim 1 above).
Insofar as Desai in view of Nix may be construed as not explicitly teaching the method of measuring C02 in an aquatic environment, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the device of either Desai or Nix in an aquatic environment as claimed, since Desai and or Nix do not exclude the device being used in a certain environment and thus can be used at a variety of locations including that of an aquatic environment as per user’s desire.
Regarding Claim 17, Desai in view of Nix as modified above teaches further comprising generating a data set corresponding to one or more delta values determined over a period of time (see paragraphs [0027], [0036] - [0039], [0052] – [0053] of Desai describing use of a controller 58 which includes a memory M for storing instructions for converting signals from the sensors into gas concentration measurements and a hardware P in communication with the memory for executing the instructions, Desai further teaches the rate and direction of the flow of the input gas for the determination of the C02, thus being over a period of time and/or see abstract of Nix describing use of the change in rate of the measured C02 and direction of the flow, hence reading on the invention as claimed).
Regarding Claim 18, Desai in view of Nix as modified above teaches further comprising transmitting the dataset to a user device and/or data store (see paragraph [0036] of Desai describing controller 58 including a memory M that can store data as per user’s desire).
Regarding Claim 19, Desai in view of Nix as modified above teaches further comprising determining an air-side CO2 value and/or a water-side CO2 value, each value being at least one of a pCO2 value and a xCO2 value (see paragraphs [0051] – [0052] of Desai and/or see abstract and paragraphs [0056] – [0059] of Nix describing pC02 values at either side of the membrane, hence reading on the invention as claimed).
Regarding Claim 20, Desai in view of Nix as modified above teaches wherein the air-side CO2 value and/or a water-side CO2 value are determined simultaneously (see paragraphs [0051] – [0052] and Fig. 8 of Desai and/or see abstract and paragraphs [0056] – [0059] of Nix describing pC02 values at either side of the membrane, hence reading on the invention as claimed).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form accompanying this office action which includes the following relevant prior art:
Atwater et al. (5,910,448) teaches process for analyzing C02 in air and in water in particular to seawater. The device uses a microporous membrane as illustrated at Fig. 1.
Katayama Hiroyuki (EP 1043585 A2) teaches a method and system for measuring partial pressure of material dissolved in liquid including use of a hydrophobic porous membrane.
Sarver, JR. et al. (U.S. 2011/0275112 A1) teaches microbial growth detector which utilizes gas permeable membrane.
Al-Qasim et al. (U.S. 2021/0285325 A1) teaches laser based monitoring tool such as a CO2 monitoring system configured for monitoring levels of C)2 in a wellbore. The chamber being in fluid connection with second chamber via a gas permeable membrane.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARRIT EYASSU whose telephone number is (571)270-1403. The examiner can normally be reached M - F: 9:00AM - 6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura E. Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARRIT EYASSU/Primary Examiner, Art Unit 2855