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 .
Response to Amendment
The amendment filed 08/21/2025 has been acknowledged and entered. Claims 1 and 3-20 are pending.
Regarding the previous nonstatutory double patenting, claims 9 and 17 have been amended to incorporate a transparent substrate and a slide frame element which is not claimed in US Patent 11391613 B2. However, US Patent 11391613 B2 in view of Ozcan (US 2020/0103328 A1) and further in view of Volckens (US 2015/0143929 A1) does teach a transparent substrate and a slide frame element (see detailed rejection below), therefore claims 9 and 17 are still rejected on the ground of nonstatutory double patenting. Claims 11-13 and 18-19 are also still rejected on the ground of nonstatutory double patenting (see detailed rejection below).
Regarding the previous provisional nonstatutory double patenting, claim 9 has been amended to incorporate a transparent substrate and a slide frame element which is not claimed in copending Application No. 17/805,072. However, copending Application No. 17/805,072 in view of Ozcan (US 2020/0103328 A1) and further in view of Volckens (US 2015/0143929 A1) does teach a transparent substrate and a slide frame element (see detailed rejection below), therefore claims 9-16 are still provisionally rejected on the ground of nonstatutory double patenting.
Response to Arguments
Applicant's arguments, on pages 7-10, filed 08/21/2025 have been fully considered but they are not persuasive.
Regarding the Applicant’s argument, on page 7, that the non-statutory double patenting rejections be held in abeyance, the Examiner cites a section of MPEP 804(I)(B)(1): “As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application’s claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only compliance with objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated.” Therefore, the non-statutory double patenting rejections will not be held in abeyance.
On pages 8-10 of the remarks, the Applicant argues that the prior art cited does not teach “wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as a handle to enable removal of the collection media.” However, Volckens (US 2015/0143929 A1), related to a sample assembly which has a removable sample cartridge, does teach that the slide frame element (Fig. 4A-4D: cartridge 400, notch 404, and substrate 402) is selectively detachable from the substrate (Fig. 4A-4D: substrate 402) (¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).) and a portion (definition of portion taken from dictionary.com: a part of any whole, either separated from or integrated with it) of the slide frame element is configured as a handle (Definition of handle taken from oed.com: a part of a thing by which it is to be held in order to use, move, or carry it; (hence) any part of object used in this way; Fig. 4B: either the cartridge 400 or substrate 402 can be a handle to enable removal of the collection media (element on substrate 402).) to enable the removal of the collection media (Shown in annotated Fig. 4B below where a portion of the slide frame element (substrate 402 or cartridge 400) is configured as a handle to enable the removal of the substrate from the cartridge (whole slide frame element where substrate 402 (which has the collection media on it) is a part of the cartridge).).
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Therefore, the Applicant’s argument is not persuasive and 103 rejection of claim 1 is maintained. See rejection below for more details.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 9, 11-13, and 17-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, and 9-11 of U.S. Patent No. 11,391,613 B2 in view of Ozcan (US 20200103328 A1) and further in view of Volckens (US 2015/0143929 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 9, 11-13, and 17-19 from the instant application are broader versions of claims 1, 3-5, and 9-11 of US Patent 11,391,613 B2 in view of Ozcan (US 20200103328 A1) and further in view of Volckens (US 2015/0143929 A1). Please see claim mapping below.
Regarding Claim 9, US Patent 11,391,613 B2 claims in claim 1 a device for detecting fluid particle characteristics comprising:
a sensor (fluid composition sensor, Col. 46, ll. 16-17) configured to receive a volume of fluid, the sensor comprising:
an impactor nozzle (impactor nozzle, Col. 46, ll. 24-27) configured to receive at least a portion of the volume of fluid such that the at least a portion of the volume of fluid received by the impactor nozzle is directed in a fluid flow direction;
a collection media assembly (replaceable collection media assembly, Col. 46, ll. 29-37) comprising a collection media configured to receive one or more particles from the volume of fluid;
an imaging device (imaging device, Col. 46, ll. 38-43) configured to capture an image of at least a portion of the one or more particles received by the collection media;
a collection media assembly ejection element (collection media assembly ejection element, Col. 46, ll. 44-50) positioned so as to engage a latch of the collection media assembly, the latch being configured to impede removal of the collection media assembly from the sensor;
and a controller (controller, Col. 46, ll. 51-53) configured to determine, based at least in part on the image, at least one particle characteristic of a plurality of particles of volume of fluid.
US Patent 11,391,613 B2 in claim 1 does not claim a transparent substrate;
a collection media disposed upon the transparent substrate;
a slide frame element configured to support the transparent substrate and the collection media, wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as a handle to enable removal of the collection media.
Ozcan, related to a lens-free microscope for monitoring air quality, does teach a transparent substrate (Fig. 3: transparent substrate 34 [0047]); and
a collection media (Fig. 3: sticky or tacky material 35 [0047]) disposed upon the transparent substrate (Shown in Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify US Patent 11,391,613 B2 to incorporate a transparent substrate and a collection media disposed upon the transparent substrate, as disclosed by Ozcan. Using a transparent substrate with a collection media disposed upon the transparent substrate is known in the field of endeavor, therefore, one of ordinary skill in the art would have found it obvious to combine prior art elements (transparent substrate and collection media) according to known methods to yield predictable results (for collecting particles) (MPEP 2143 (I)(A)).
US Patent 11,391,613 B2 in claim 1 modified by Ozcan does not claim a slide frame element configured to support the transparent substrate and the collection media, wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as a handle to enable removal of the collection media.
Volckens, related to a sample assembly which has a removable sample cartridge, does teach a slide frame element (Figs. 4A-4D: substrate 402 is able to slide in and out of cartridge 400 by notch 404 where the slide frame element comprises of the cartridge 400, notch 404, and substrate 402.; ¶0066) configured to support a substrate (Fig. 4A-4D: substrate 402) and the collection media (¶0066: User can slide substrate 402 into, and out of, engagement with the cartridge 400 where nanoparticles are deposited on the substrate (Abstract).),
wherein the slide frame element (Fig. 4A-4D: cartridge 400, notch 404, and substrate 402) is selectively detachable from the substrate (Fig. 4A-4D: substrate 402) (¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).) and a portion (definition of portion taken from dictionary.com: a part of any whole, either separated from or integrated with it) of the slide frame element is configured as a handle (Definition of handle taken from oed.com: a part of a thing by which it is to be held in order to use, move, or carry it; (hence) any part of object used in this way; Fig. 4B: either the cartridge 400 or substrate 402 can be a handle to enable removal of the collection media (element on substrate 402).) to enable the removal of the collection media (Shown in annotated Fig. 4B below where a portion of the slide frame element (substrate 402 or cartridge 400) is configured as a handle to enable the removal of the substrate from the cartridge (whole slide frame element where substrate 402 (which has the collection media on it) is a part of the cartridge).).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify US Patent 11,391,613 B2 in claim 1 combined with Ozcan to incorporate a slide frame element configured to support the transparent substrate and the collection media, wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as a handle to enable the removal of the collection media, as disclosed by Volckens. A slide frame element configured to support a substrate and collection media wherein a portion of the slide frame element is configured as a handle to enable removing of a collection media (or the whole slide frame itself) is known in the art. Therefore, one of ordinary skill in the art would have known to use a known technique (having a slide frame element for removal of an element) to improve similar devices (sample assemblies) in the same way (for providing a way for samples to be removed for disposal or cleaning and replacement) (MPEP 2143 (I)(C)).
US Patent 11,391,613 B2 in claim 1 modified by Ozcan and Volckens teaches a slide frame element (Volckens, ¶0066: User can slide substrate 402 into, and out of, engagement with the cartridge 400 by notch 404.) is configured to support the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) and the collection media (Ozcan, Fig. 2: collection media 35 [0047]), wherein the slide frame element is selectively detachable from the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) (Volckens, ¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).).
Regarding Claim 11, US Patent 11,391,613 B2 in view of Ozcan and further in view of Volckens claims and teaches the device of claim 9.
Claims 1 and 3 of US Patent 11,391,613 B2 further claims that the sensor (fluid composition sensor from claim 1) is configured to receive a pressing force from a replaceable collection media assembly so as to constrain the collection media assembly against movement relative to the imaging device in at least a vertical direction (Claim 1, Col. 46, ll. 56-60);
upon receiving the pressing force received from the replaceable collection media assembly, align the replaceable collection media assembly in a position at least substantially adjacent the imaging device so as to define an air seal that at least partially isolates the imaging device from the volume of fluid (Claim 3).
Regarding Claim 12, US Patent 11,391,613 B2 in view of Ozcan and further in view of Volckens claims and teaches the device of claim 9.
US Patent 11,391,613 B2 further claims one or both of the controller and the imaging device is configured to read one or more identification elements disposed on a replaceable collection media assembly received by a collection media assembly dock element so as to identify the replaceable collection media assembly, and wherein the one or more identification elements are configured to uniquely identify the replaceable collection media assembly (Claim 4).
Regarding Claim 13, US Patent 11,391,613 B2 in view of Ozcan and further in view of Volckens claims and teaches the device of claim 9.
US Patent 11,391,613 B2 further claims that the impactor nozzle comprises an impactor nozzle outlet defined at least in part by a nozzle outlet shape that is at least substantially similar to a field of view shape of the imaging device (Claim 5).
Regarding Claim 17, US Patent 11,391,613 B2 claims in Claim 9 a method for detecting fluid particle characteristics comprising:
receiving, via a sensor, a volume of fluid (Col. 48, ll. 22);
directing, via an impactor nozzle, the volume of fluid towards a collection media of a replaceable collection media assembly (Col. 48, ll. 23-25);
receiving, by a collection media, one or more particles of a plurality of particles within a volume of fluid (Col. 48, ll. 26-27 and Col. 48, ll. 8-10), wherein the collection media comprising:
a latch (latch from Col. 48, ll. 17-21) positioned so as to engage a collection media assembly ejection element of a fluid composition sensor, the latch being configured to impede removal of the replaceable collection media assembly from the sensor (Col. 48, ll. 17-21);
capturing, using an imaging device disposed within the sensor, an image of the one or more particles of a plurality of particles received by the collection media to determine one particle characteristic of the plurality of particles of the volume of fluid (Col. 48, ll. 28-33);
and upon determining the at least one particle characteristic of the plurality of particles of the volume of fluid, removing the replaceable collection media assembly from the sensor based at least in part on an engagement of a latch of the collection media assembly ejection element (Col, 48, ll. 34-39).
US Patent 11,391,613 B2 in claim 9 does not claim that the collection media is disposed upon a transparent substrate such that the collection media and the transparent substrate are support by a slide frame element that is selectively detachable from the transparent substrate.
Ozcan, related to a lens-free microscope for monitoring air quality, does teach that the collection media (Fig. 3: sticky or tacky material 35 [0047]) is disposed upon the transparent substrate (Shown in Fig. 3 with transparent substrate 34).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify US Patent 11,391,613 B2 in claim 9 to incorporate a collection media which is disposed upon the transparent substrate, as disclosed by Ozcan. Using a transparent substrate with a collection media disposed upon the transparent substrate is known in the field of endeavor, therefore, one of ordinary skill in the art would have found it obvious to combine prior art elements (transparent substrate and collection media) according to known methods to yield predictable results (for collecting particles) (MPEP 2143 (I)(A)).
US Patent 11,391,613 B2 in claim 9 modified by Ozcan does not claim or teach that the collection media and the transparent substrate are support by a slide frame element that is selectively detachable from the transparent substrate.
Volckens, related to a sample assembly which has a removable sample cartridge, does teach that the collection media (Abstract: nanoparticles deposited on substrate) and the substrate (Figs. 4A-4D: substrate 402) are supported by a slide frame element (Figs. 4A-4D: substrate 402 is able to slide in and out of cartridge 400 by notch 404 where the slide frame element comprises of the cartridge 400, notch 404, and substrate 402.; ¶0066) that is selectively detachable from the substrate (Fig. 4A-4D: substrate 402) (¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify US Patent 11,391,613 B2 in claim 8 combined with Ozcan so that the collection media and the transparent substrate are support by a slide frame element that is selectively detachable from the transparent substrate, as disclosed by Volckens. A slide frame element configured to support a substrate and collection media is known in the art. Therefore, one of ordinary skill in the art would have known to use a known technique (having a slide frame element for removal of an element) to improve similar devices (sample assemblies) in the same way (for providing a way for samples to be removed for disposal or cleaning and replacement) (MPEP 2143 (I)(C)).
US Patent 11,391,613 B2 in claim 9 modified by Ozcan and Volckens teaches that the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) is supported by a slide frame element (Volckens, ¶0066: User can slide substrate 402 into, and out of, engagement with the cartridge 400 by notch 404.) that is selectively detachable from the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) (Volckens, ¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).).
Regarding Claim 18, US Patent 11,391,613 B2 in claim 9 modified by Ozcan and Volckens claims and teaches the method of claim 17.
US Patent 11,391,613 B2 further claims identifying, using one or both of a sensor controller and the imaging device, the replaceable collection media assembly based at least in part on an identifying element disposed thereon (Claim 10).
Regarding Claim 19, US Patent 11,391,613 B2 in claim 9 modified by Ozcan and Volckens teaches the method of claim 17.
US Patent 11,391,613 B2 further claims that the image of the one or more particles of the plurality of particles received by the collection media is captured using lensless holography (Claim 11).
Claims 9-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of copending Application No. 17/805,072 in view of Ozcan (US 20200103328 A1) and further in view of Volckens (US 2015/0143929 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 9-16 of the instant application are broader versions of claims 1-8 of copending Application No. 17/805,072 in view of Ozcan (US 20200103328 A1) and further in view of Volckens (US 2015/0143929 A1). This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Please see claim mapping below.
Regarding Claim 9, Application No. 17/805,072 claims in claim 1 a device for detecting fluid particle characteristics comprising:
a sensor (fluid composition sensor from line 2) configured to receive a volume of fluid, the sensor comprising:
an impactor nozzle (impactor nozzle from lines 8-10) configured to receive at least a portion of the volume of fluid such that the at least a portion of the volume of fluid received by the impactor nozzle is directed in a fluid flow direction;
a collection media assembly (collection media assembly from lines 11-12) comprising a collection media configured to receive one or more particles from the volume of fluid;
an imaging device (imaging device from lines 13-15) configured to capture an image of at least a portion of the one or more particles received by the collection media;
a collection media assembly ejection element (collection media assembly ejection element from lines 16-18) positioned so as to engage a latch of the collection media assembly, the latch being configured to impede removal of the collection media assembly from the sensor;
and a controller (controller from lines 19-20) configured to determine, based at least in part on the image, at least one particle characteristic of a plurality of particles of volume of fluid.
Application No. 17/805,072 in claim 1 does not claim a transparent substrate;
a collection media disposed upon the transparent substrate; and
a slide frame element configured to support the transparent substrate and the collection media, wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as a handle to enable removal of the collection media.
Ozcan, related to a lens-free microscope for monitoring air quality, does teach a transparent substrate (Fig. 3: transparent substrate 34 [0047]); and
a collection media (Fig. 3: sticky or tacky material 35 [0047]) disposed upon the transparent substrate (Shown in Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Application No. 17/805,072 in claim 1 to incorporate a transparent substrate and a collection media disposed upon the transparent substrate, as disclosed by Ozcan. Using a transparent substrate with a collection media disposed upon the transparent substrate is known in the field of endeavor, therefore, one of ordinary skill in the art would have found it obvious to combine prior art elements (transparent substrate and collection media) according to known methods to yield predictable results (for collecting particles) (MPEP 2143 (I)(A)).
Application No. 17/805,072 in claim 1 modified by Ozcan does not claim a slide frame element configured to support the transparent substrate and the collection media, wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as a handle to enable removal of the collection media.
Volckens, related to a sample assembly which has a removable sample cartridge, does teach a slide frame element (Figs. 4A-4D: substrate 402 is able to slide in and out of cartridge 400 by notch 404 where the slide frame element comprises of the cartridge 400, notch 404, and substrate 402.; ¶0066) configured to support a substrate (Fig. 4A-4D: substrate 402) and the collection media (¶0066: User can slide substrate 402 into, and out of, engagement with the cartridge 400 where nanoparticles are deposited on the substrate (Abstract).), wherein the slide frame element (Fig. 4A-4D: cartridge 400, notch 404, and substrate 402) is selectively detachable from the substrate (Fig. 4A-4D: substrate 402) (¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).) and a portion (definition of portion taken from dictionary.com: a part of any whole, either separated from or integrated with it) of the slide frame element is configured as a handle (Definition of handle taken from oed.com: a part of a thing by which it is to be held in order to use, move, or carry it; (hence) any part of object used in this way; Fig. 4B: either the cartridge 400 or substrate 402 can be a handle to enable removal of the collection media (element on substrate 402).) to enable the removal of the collection media (Shown in annotated Fig. 4B below where a portion of the slide frame element (substrate 402 or cartridge 400) is configured as a handle to enable the removal of the substrate from the cartridge (whole slide frame element where substrate 402 (which has the collection media on it) is a part of the cartridge).).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 17/805,072 in claim 1 combined with Ozcan to incorporate a slide frame element configured to support the transparent substrate and the collection media, wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as a handle to enable the removal of the collection media, as disclosed by Volckens. A slide frame element configured to support a substrate and collection media wherein a portion of the slide frame element is configured as a handle to enable removing of a collection media (or the whole slide frame itself) is known in the art. Therefore, one of ordinary skill in the art would have known to use a known technique (having a slide frame element for removal of an element) to improve similar devices (sample assemblies) in the same way (for providing a way for samples to be removed for disposal or cleaning and replacement) (MPEP 2143 (I)(C)).
Application No. 17/805,072 in claim 1 modified by Ozcan and Volckens teaches a slide frame element (Volckens, ¶0066: User can slide substrate 402 into, and out of, engagement with the cartridge 400 by notch 404.) is configured to support the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) and the collection media (Ozcan, Fig. 2: collection media 35 [0047]), wherein the slide frame element is selectively detachable from the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) (Volckens, ¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).).
Regarding Claim 10, Application No. 17/805,072 in claim 1 modified by Ozcan and Volckens claims and teaches the device of claim 9.
Application No. 17/805,072 further claims that the controller uses machine learning techniques to determine a particle type and/or species of each of the one or more particles received by the collection media (Claim 2).
Regarding Claim 11, Application No. 17/805,072 in claim 1 modified by Ozcan and Volckens claims and teaches the device of claim 9.
Application No. 17/805,072 further claims that the sensor (fluid composition sensor from claim 3) is configured to receive a pressing force from a replaceable collection media assembly so as to constrain the collection media assembly against movement relative to the imaging device in at least a vertical direction (Claim 3);
upon receiving the pressing force received from the replaceable collection media assembly, align the replaceable collection media assembly in a position at least substantially adjacent the imaging device so as to define an air seal that at least partially isolates the imaging device from the volume of fluid (Claim 3).
Regarding Claim 12, Application No. 17/805,072 in claim 1 modified by Ozcan and Volckens claims and teaches the device of claim 9.
Application No. 17/805,072 further claims that one or both of the controller and the imaging device is configured to read one or more identification elements disposed on a replaceable collection media assembly received by a collection media assembly dock element so as to identify the replaceable collection media assembly, and wherein the one or more identification elements are configured to uniquely identify the replaceable collection media assembly (Claim 4).
Regarding Claim 13, Application No. 17/805,072 in claim 1 modified by Ozcan and Volckens claims and teaches the device of claim 9.
Application No. 17/805,072 further claims that the impactor nozzle comprises an impactor nozzle outlet defined at least in part by a nozzle outlet shape that is at least substantially similar to a field of view shape of the imaging device (Claim 5).
Regarding Claim 14, Application No. 17/805,072 in claim 1 modified by Ozcan and Volckens claims and teaches the device of claim 9.
Application No. 17/805,072 further claims an illumination source is configured to emit one or more light beams so as to engage the collection media of a replaceable collection media assembly and illuminate the one or more particles received by the collection media (Claim 6).
Regarding Claim 15, Application No. 17/805,072 in claim 1 modified by Ozcan and Volckens claims and teaches the device of claim 14.
Application No. 17/805,072 further claims that the imaging device is configured to utilize the light beam emitted from the illumination source in order to capture an image of the one or more particles received by the collection media (Claim 7).
Regarding Claim 16, Application No. 17/805,072 in claim 1 modified by Ozcan and Volckens claims and teaches the device of claim 9.
Application No. 17/805,072 further claims that the sensor (fluid composition sensor from claim 8) comprises one or more additional latch and/or fasting elements configured to secure an upper sensor housing to a lower sensor housing in a closed sensor configuration of the sensor (Claim 8).
Claim Objections
Claim 1 is objected to because of the following informalities:
Lines 8-9 of claim 1 recites “…a portion of the slide frame element is configured as handle to enable the removal of the collection media…” when it should instead recite “…a portion of the slide frame element is configured as a handle to enable the removal of the collection media…”.
Lines 12-13 of claim 9 recites “…a portion of the slide frame element is configured as handle to enable the removal of the collection media…” when it should instead recite “…a portion of the slide frame element is configured as a handle to enable the removal of the collection media…”.
Appropriate correction is required.
Claim Interpretation
MPEP 2181(I)(C) recites “A limitation will not invoke 35 U.S.C. 112(f) if there is a structural modifier that further describes the term "means" or the generic placeholder. For example, although a generic placeholder like "mechanism" standing alone may invoke 35 U.S.C. 112(f) when coupled with a function, it will not invoke 35 U.S.C. 112(f) when it is preceded by a structural modifier (e.g., "detent mechanism"). Greenberg, 91 F.3d at 1583, 39 USPQ2d at 1786 (holding that the term "detent mechanism" did not invoke 35 U.S.C. 112, sixth paragraph because the structural modifier "detent" denotes a type of structural device with a generally understood meaning in the mechanical arts).” The term “imaging device” is a term with a generally understood meaning, therefore, the 112(f) interpretation of “imaging device” in claim 7 is withdrawn and no claim limitations are interpreted under 112(f).
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.
Claims 1, 3, 9-11, 13-15, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ozcan (US 2020/0103328 A1) in view of Volckens (US 2015/0143929 A1) and further in view of Sims (US 20180177945 A1).
As to claim 1, Ozcan discloses a collection media assembly (Fig. 2: collection media 35) comprising:
a transparent substrate (Figs. 3 and 4: transparent substrate 34);
a collection media (Fig. 2: collection media 35 [0047]) disposed upon the transparent substrate configured to receive one or more particles of a plurality of particles within a volume of fluid through a sensor (Figs. 2-3: image sensor 24) along a fluid flow path (Shown in Figs. 3 and 4);
Ozcan appears to be silent to a slide frame element configured to support the transparent substrate and the collection media, wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as a handle to enable removal of the collection media; and
a latch positioned so as to engage a collection media assembly ejection element of the sensor, the latch being configured to impede removal of the replaceable collection media assembly from the sensor.
Volckens, related to a sample assembly which has a removable sample cartridge, does teach a slide frame element (Figs. 4A-4D: substrate 402 is able to slide in and out of cartridge 400 by notch 404 where the slide frame element comprises of the cartridge 400, notch 404, and substrate 402.; ¶0066) configured to support a substrate (Fig. 4A-4D: substrate 402) and the collection media (¶0066: User can slide substrate 402 into, and out of, engagement with the cartridge 400 where nanoparticles are deposited on the substrate (Abstract).),
the slide frame element (Fig. 4A-4D: cartridge 400, notch 404, and substrate 402) is selectively detachable from the substrate (Fig. 4A-4D: substrate 402) (¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).) and a portion (definition of portion taken from dictionary.com: a part of any whole, either separated from or integrated with it) of the slide frame element is configured as a handle (Definition of handle taken from oed.com: a part of a thing by which it is to be held in order to use, move, or carry it; (hence) any part of object used in this way; Fig. 4B: either the cartridge 400 or substrate 402 can be a handle to enable removal of the collection media (element on substrate 402).) to enable the removal of the collection media (Shown in annotated Fig. 4B below where a portion of the slide frame element (substrate 402 or cartridge 400) is configured as a handle to enable the removal of the substrate from the cartridge (whole slide frame element where substrate 402 (which has the collection media on it) is a part of the cartridge).).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ozcan to incorporate a slide frame element configured to support the transparent substrate and the collection media, wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as a handle to enable the removal of the collection media, as disclosed by Volckens. A slide frame element configured to support a substrate and collection media wherein a portion of the slide frame element is configured as a handle to enable removing of a collection media (or the whole slide frame itself) is known in the art. Therefore, one of ordinary skill in the art would have known to use a known technique (having a slide frame element for removal of an element) to improve similar devices (sample assemblies) in the same way (for providing a way for samples to be removed for disposal or cleaning and replacement) (MPEP 2143 (I)(C)).
Ozcan modified by Volckens teaches a slide frame element (Volckens, ¶0066: User can slide substrate 402 into, and out of, engagement with the cartridge 400 by notch 404.) is configured to support the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) and the collection media (Ozcan, Fig. 2: collection media 35 [0047]), wherein the slide frame element is selectively detachable from the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) (Volckens, ¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).).
Ozcan modified by Volckens appears to be silent to a latch positioned so as to engage a collection media assembly ejection element of the sensor, the latch being configured to impede removal of the replaceable collection media assembly from the sensor.
Sims, related to fluid characterization, does teach a latch (Fig. 7A: latch 430 or Fig. 7E: latch 500) positioned so as to engage a collection media assembly ejection element (Fig. 7A-7B: ejector 34 or Figs. 7D-7E: ejector button 504) of the device (¶0113 describes when ejector button 504 is depressed it causes the latch 500 to move to the open position to eject the cartridge 25 from the cartridge socket 420; Shown in Fig. 7E) of the device, the latch being configured to impede removal of the replaceable cartridge 25 from the device (Shown in Fig. 7E; ¶(0129-0140): Latch in the closed position either prevents a cartridge from being inserted into the cartridge socket 420 or to remain in place in the cartridge socket 420.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ozcan combined with Volckens so that there is a latch positioned so as to engage a collection media assembly ejection element of the sensor, the latch being configured to impede removal of the replaceable collection media assembly from the sensor, as disclosed by Sims. The use of a replaceable collection media assembly with latches and ejection elements used in conjunction with each other is common and well-known with the advantage of allowing the collection media to be replaced or cleaned. The use of latches and ejection elements has the advantage of having a closed position (to impede the removal of something that benefits from being locked in place) and an open position (to allow for something to be removed). One of ordinary skill in the art would have known to combine prior art elements (replaceable elements with ejection elements/buttons and latches/fasteners) according to known methods to yield predictable results (to have an open and closed position for a removable element) (MPEP 2143 (I)(A).
As to claim 3, Ozcan modified by Volckens and Sims teaches the replaceable collection media assembly of claim 1.
Ozcan modified by Volckens and Sims further teaches that the replaceable collection media assembly comprises at least two distinct and separable components (Sims, ¶0126-0140 where the two distinct components are the retaining and ejection mechanism 401/495 (Shown in Figs. 7A-7E) and the cartridge 25 which is removable/separable from the retaining and rejection mechanism by an eject button 34/504 (Shown in Figs. 7A-7E).)
As to claim 9, Ozcan, in Fig. 2, teaches a device (10) for detecting fluid particle characteristics comprising: (See Abstract ¶0045; Fig. 2)
a sensor (10) configured to receive a volume of fluid, the sensor comprising: (See ¶0045, ¶0046; Fig. 2).
Wherein the fluid is air.
an impactor nozzle (30) configured to receive at least a portion of the volume of fluid such that the at least a portion of the volume of fluid received by the impactor nozzle is directed in a fluid flow direction; (See ¶0047; Fig. 2);
a transparent substrate (34);
a collection media assembly (elements 34 and 35) comprising a collection media (35) disposed upon the transparent substrate (34) configured to receive one or more particles from the volume of fluid; (See ¶0047; Fig. 3).
an imaging device (24) configured to capture an image of at least a portion of the one or more particles received by the collection media (See Abstract Lines 1-2, ¶0009 Lines 1-4, ¶0047; Fig. 3) using lensless holography (Abstract; lens-free holographic on-chip microscope setup from [0061] and shown in Figs. 1-2.);
a controller (50, 52) configured to determine, based at least in part on the image, at least one particle characteristic of a plurality of particles of volume of fluid. (See ¶0050 Lines 9-19, ¶0069 Lines 1-5; Fig. 3).
Ozcan appears to be silent to a slide frame element configured to support the transparent substrate and the collection media, wherein the slide frame element is selectively detachable from the transparent substrate and a portion of the slide frame element is configured as handle to enable removal of the collection media.
Volckens, related to a sample assembly which has a removable sample cartridge, does teach a slide frame element (Figs. 4A-4D: substrate 402 is able to slide in and out of cartridge 400 by notch 404; ¶0066) configured to support a substrate and the collection media (¶0066: User can slide substrate 402 into, and out of, engagement with the cartridge 400.), wherein the slide frame element (Fig. 4A-4D: cartridge 400, notch 404, and substrate 402) is selectively detachable from the substrate (Fig. 4A-4D: substrate 402) (¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).) and a portion (definition of portion taken from dictionary.com: a part of any whole, either separated from or integrated with it) of the slide frame element is configured as a handle (Definition of handle taken from oed.com: a part of a thing by which it is to be held in order to use, move, or carry it; (hence) any part of object used in this way; Fig. 4B: either the cartridge 400 or substrate 402 can be a handle to enable removal of the collection media (element on substrate 402).) to enable the removal of the collection media (Shown in annotated Fig. 4B below where a portion of the slide frame element (substrate 402 or cartridge 400) is configured as a handle to enable the removal of the substrate from the cartridge (whole slide frame element where substrate 402 (which has the collection media on it) is a part of the cartridge).).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ozcan to incorporate a slide frame element configured to support the transparent substrate and the collection media, wherein a portion of the slide frame element is configured as a handle to enable the removal of the collection media, as disclosed by Volckens. A slide frame element configured to support a substrate and collection media wherein a portion of the slide frame element is configured as a handle to enable removing of a collection media (or the whole slide frame itself) is known in the art. Therefore, one of ordinary skill in the art would have known to use a known technique (having a slide frame element for removal of an element) to improve similar devices (sample assemblies) in the same way (for providing a way for samples to be removed for disposal or cleaning and replacement) (MPEP 2143 (I)(C)).
Ozcan modified by Volckens teaches a slide frame element (Volckens, ¶0066: User can slide substrate 402 into, and out of, engagement with the cartridge 400 by notch 404.) is configured to support the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) and the collection media (Ozcan, Fig. 2: collection media 35 [0047]), wherein the slide frame element is selectively detachable from the transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) (Volckens, ¶0066: User can slide substrate 402 into and out of engagement with the cartridge 400 by the notch 404 and deflection features 412 and 414 (¶0066) so that the substrate 402 and cartridge 400 are selectively detachable from each other (shown in Fig. 4A-4D where substrate 402 is removable from cartridge 400).).
Ozcan modified by Volckens appears to be silent to a collection media assembly ejection element positioned so as to engage a latch of the collection media assembly, the latch being configured to impede removal of the collection media assembly from the sensor.
Sims, related to fluid characterization, does teach a collection media assembly ejection element (Fig. 7A-7B: ejector 34 or Figs. 7D-7E: ejector button 504) positioned so as to engage a latch (Fig. 7A: latch 430 or Fig. 7E: latch 500) of the device (Apparatus show in Fig. 1), the latch being configured to impede removal of the cartridge 25 from the device (Shown in Figs. 7A-7E and described in ¶(0126-0140 where the latch in the closed position either prevents a cartridge from being inserted into the cartridge socket 420 or to remain in place in the cartridge socket 420.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ozcan combined with Volckens to incorporate a collection media assembly ejection element positioned so as to engage a latch of the collection media assembly, the latch being configured to impede removal of the collection media assembly from the sensor, as disclosed by Sims. The use of a replaceable collection media assembly with latches and ejection elements used in conjunction with each other is common and well-known with the advantage of allowing the collection media to be replaced or cleaned. The use of latches and ejecti