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).).
PNG
media_image1.png
362
502
media_image1.png
Greyscale
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).).
PNG
media_image1.png
362
502
media_image1.png
Greyscale
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).).
PNG
media_image1.png
362
502
media_image1.png
Greyscale
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).).
PNG
media_image1.png
362
502
media_image1.png
Greyscale
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).).
PNG
media_image1.png
362
502
media_image1.png
Greyscale
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 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 10, Ozcan modified by Volckens and Sims teaches the device of claim 9.
Ozcan modified by Volckens and Sims further teaches, in Fig. 2 of Ozcan, that the controller (50, 52) 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 (34). (Ozcan, See Abstract Lines 10-13, ¶0050 Lines 9-19, ¶0055, ¶0069 Lines 1-5; Fig. 2)
As to claims 11 and 13-14, Ozcan modified by Volckens and Sims teaches the device of claim 9, in which these claims depend on.
Ozcan modified by Volckens and Sims, in Figs. 2-4 of Ozcan, further teaches the device (10), where the sensor is configured to receive a pressing force from a collection media assembly (34) so as to constrain the collection media assembly against movement relative to the imaging device (24) in at least a vertical direction; (Ozcan, See ¶0046, ¶0048; Figs. 2-4)
upon receiving the pressing force (Ozcan, Fig. 2: vacuum pump 14) received from the collection media assembly, align the collection media assembly (34) in a position at least substantially adjacent the imaging device (24) so as to define an air seal that at least partially isolates the imaging device from the volume of fluid. (Ozcan, See ¶0045, ¶0046, ¶0048; Fig. 3) (Claim 11)
The image sensor (24) and the support (26), sets below of the collection media assembly (34). This configuration along with a vacuum pump creates a pressing an air seal that at least partially isolates the imaging device from the volume of fluid.
wherein the impactor nozzle (30) 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 (24). (Ozcan, See ¶0047 Lines 1-8, ¶0048; Figs. 2-4). (Claim 13)
further comprising an illumination source (40) configured to emit one or more light beams so as to engage the collection media (34) of a collection media assembly (34) and illuminate the one or more particles received by the collection media. (See ¶0049; Figs. 2, 4). (Claim 14)
Ozcan modified by Volckens and Sims (for claim 9) appears to be silent to a replaceable collection media assembly.
Sims, related to fluid characterization, does teach a replaceable collection media assembly (Figs. 7A-75: cartridge 25). (See ¶0129-0140 where the cartridge 25 can be removed from the device by pressing an ejector button that engages a latch to the open position so that the cartridge can be removed.; Figs. 7A-7E).
Therefore, it would be obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to include the device of Ozcan modified by Volckens and Sims (for claim 9) to include a replaceable collection media assembly, as disclosed by Sims. The advantage of this inclusion is to be able to remove the collection media assembly as needed by the user; such as, when the media assembly is full and need to be replaced or cleaned.
As to claim 15, Ozcan modified by Volckens and Sims teach the device of claim 14.
Ozcan modified by Volckens and Sims, in Figs. 2 and 4 of Ozcan, further teaches that the imaging device (24) is configured to utilize the one or more light beams emitted from the illumination source in order to capture the image of the at least a portion of the one or more particles received by the collection media. (Ozcan, See ¶0049; Figs. 2, 4).
As to claims 17, Ozcan, in Fig. 2, teaches a method for detecting fluid particle characteristics comprising: (See Abstract ¶0045; Fig. 2)
receiving, via the sensor (10), a volume of fluid; (See ¶0018, ¶0049 ;Fig. 4)
directing, via an impactor nozzle (30), the volume of fluid towards a collection media (35) of a collection media assembly (elements 34 and 35), (See ¶0047; Figs. 2-3), wherein the collection media (35) is disposed upon a transparent substrate (34), such that the collection media and the transparent substate are supported by a support (26);
receiving, by the collection media (34), one or more particles of a plurality of particles within the volume of fluid; (See ¶0047; Fig. 2), wherein the collection media comprising:
capturing, using the imaging device (24) disposed within the sensor (10), an image of the one or more particles of the plurality of particles received by the collection media to determine at least one particle characteristic of the plurality of particles of the volume of fluid (See ¶0049 ;Fig. 4).
- Ozcan appears to be silent to a slide frame that is selectively detachable from the transparent substrate;
a latch 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; and
a replaceable collection media wherein 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 the latch and the collection media assembly ejection element.
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) 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 Ozcan to incorporate 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 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, 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 transparent substrate (Ozcan, Figs. 3 and 4: transparent substrate 34) (Volckens, (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).)).
Ozcan modified by Volckens appears to be silent to a latch 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; and
a replaceable collection media wherein 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 the latch and the collection media assembly ejection element.
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, 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 (Shown in Figs. 7A-7E and described in ¶(0126-0140) from the device (Shown in Fig. 7E; ¶(0129-0133): 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).
Ozcan modified by Volckens and Sims further teaches a replaceable collection media (Ozcan modified by Sims teaches that the collection media (34) of Ozcan is replaceable (Sims, removable cartridge 25 from Figs. 7A-7E).) wherein upon determining the at least one particle characteristic of the plurality of particles of the volume of fluid (Ozcan, See ¶0049 ;Fig. 4), removing the replaceable collection media assembly from the sensor based at least in part on an engagement of the latch (Sims, Fig. 7A: latch 430 or Fig. 7E: latch 500) and the collection media assembly ejection element (Sims, Fig. 7A-7B: ejector 34 or Figs. 7D-7E: ejector button 504; engagement of latch and ejection element is described in ¶0129-0133).
As to claim 19, Ozcan modified by Volckens and Sims teaches the method of claim 17.
Ozcan modified by Volckens and Sims further teaches that the image (Ozcan, Fig. 2: image sensor 24) of the one or more particles of the plurality of particles received by the collection media (Ozcan, Fig. 3: transparent substrate 34) is captured using lensless holography. (Ozcan, See Abstract Lines 1-2, ¶0009 Lines 1-4, ¶0047 Lines 9-17; Fig. 3).
As to claim 20, Ozcan modified by Volckens and Sims teaches the method of claim 17.
Ozcan modified by Volckens and Sims further teaches determining a particle type and/or species of each of the one or more particles received by the collection media using machine learning techniques. (Ozcan, See Abstract Lines 10-13, ¶0050 Lines 9-19, ¶0055, ¶0069 Lines 1-5; Fig. 2)
Claims 7-8, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ozcan et al (US 2020/0103328 A1) in view of Volckens (US 2015/0143929 A1) and Sims (US 20180177945 A1), and further in view of Manautou (US 2019/0293539 A1).
As to claim 7, Ozcan modified by Volckens and Sims teaches the replaceable collection media assembly of claim 1.
Ozcan modified by Volckens and Sims further teaches an imaging device (Ozcan, Fig. 3: image sensor 24; See Abstract Lines 1-2, ¶0009 Lines 1-4, ¶0047) configured to capture an image of at least a portion of the one or more particles received by the collection media (Ozcan, Fig. 3: collection media 35; See Abstract Lines 1-2, ¶0009 Lines 1-4, ¶0047).
Ozcan modified by Volckens and Sims does not teach one or more identification elements configured to uniquely identify the replaceable collection media assembly, wherein the one or more identification elements are further configured to be read by the imaging device.
Manautou, related to an airborne particle monitor, does teach one or more identification elements (¶0136: The removable cartridge may further include an identification tag.) configured to uniquely identify the replaceable collection media assembly, wherein the one or more identification elements are further configured to be read by the imaging device (¶0136: The particle monitor may include a reader which can identify the identification tag on the cartridge).
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 and Sims to incorporate one or more identification elements configured to uniquely identify the replaceable collection media assembly, wherein the one or more identification elements are further configured to be read by an imaging device, as disclosed by Manautou. It would be advantageous to include an identification tag on the removable cartridge as that allows for the particle monitor to be able to uniquely identify a removable cartridge and differentiate the cartridges from each other (¶0136 from Manautou).
As to claim 8, Ozcan modified by Volckens, Sims, and Manautou teaches the replaceable collection media assembly of claim 7.
Ozcan modified by Volckens, Sims, and Manautou (for claim 7) further teaches that the one or more identification elements comprise a bar code, QR code, or a serial number (Manautou, ¶0136: Identification tag can be a QR code, or bar code, or other label.).
Regarding Claim 12, Ozcan modified Volckens and by Sims teaches the device of claim 9.
Ozcan modified by Volckens and Sims further teaches the one or both of the controller (Ozcan, Fig. 2: 50, 52), the imaging device (Ozcan, Fig. 2: 24), the replaceable collection media assembly (Sims, Figs 7A-7E: cartridge 25) received by a collection media assembly dock element (Ozcan, Fig. 3: support 26).
Ozcan modified by Volckens and Sims does not reach that the controller and imaging device is configured to read one or more identification elements 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.
Manautou, related to an airborne particle monitor, does teach a reader (¶0136) is configured to read one or more identification elements (identification tag from ¶0136) so as to identify the removable cartridge, and wherein the one or more identification elements (¶0136: The removable cartridge may further include an identification tag.) are configured to uniquely identify the removable cartridge (¶0136: The particle monitor may include a reader which can identify the identification tag on the cartridge).
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 and Sims so that the controller and imaging device is configured to read one or more identification elements 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, as disclosed by Manautou. It would be advantageous to include an identification tag on the removable cartridge as that allows for the particle monitor to be able to uniquely identify a removable cartridge and differentiate the cartridges from each other (¶0136 from Manautou).
As to claim 18, Ozcan modified by Volckens and Sims teaches the method of claim 17.
Ozcan modified by Volckens and Sims appears to be silent to 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.
Manautou, related to an airborne particle monitor, does teach identifying, using one or both of a sensor controller and the imaging device (¶0136: The particle monitor may include a reader which can identify the identification tag on the cartridge), the replaceable collection media assembly (Fig. 9: removable particle collection cartridge; ¶0195]) based at least in part on an identifying element disposed thereon (¶0136: The removable cartridge may further include an identification tag.).
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 and Sims to incorporate 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, as disclosed by Manautou. It would be advantageous to include an identification tag on the removable cartridge as that allows for the particle monitor to be able to uniquely identify a removable cartridge and differentiate the cartridges from each other (¶0136 from Manautou).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ozcan et al (US 2020/0103328 A1) in view of Volckens (US 2015/0143929 A1) and Sims (US 2018/0177945 A1), and further in view of Ben Shoshan (US 2016/0290916 A1).
As to claim 4, Ozcan modified by Volckens and Sims teaches the replaceable collection media assembly of claim 1.
Ozcan modified by Volckens and Sims further teaches a slide frame element (Volckens, Figs. 4A-4D: substrate 402 is able to slide in and out of cartridge 400 by notch 404; ¶0066) configured to engage a portion of the sensor upon the replaceable collection media assembly (Sims, removable cartridge 25; ¶0126-0140 and shown in Figs. 7A-7E) being inserted into an internal sensor portion of the sensor (Ozcan, Fig. 2: lens-free microscope device 10).
Ozcan modified by Volckens and Sims appears to be silent to a replaceable collection media assembly comprising one or more compression elements, wherein the one or more compression elements comprise protrusions extending from the slide frame element.
Ben Shoshan, related to optical inspection of samples, does teach one or more compression elements (Fig. 3: springs 32; ¶0041), wherein the one or more compression elements comprise protrusions extending from the slide frame element (Fig. 3: hold slide 26; ¶0041: Fig. 3 is an exploded view, however, it can be seen that the springs 32 would be extending from the hold slide 26).
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 and Sims to incorporate one or more compression elements, wherein the compression elements comprise protrusions extending from the slide frame element, as disclosed by Ben Shoshan. Springs are common elements in the field of endeavor. It would be advantageous to include the springs which can hold the slide securely and precisely in a receptable for optical measurements (¶0041 from Ben Shoshan).
As to claim 5, Ozcan modified by Volckens, Sims and Ben Shoshan teaches the replaceable collection media assembly of claim 4.
Ozcan modified by Volckens, Sims and Ben Shoshan further teaches that the one or more compression elements (Ben Shoshan, Fig. 3: springs 32; ¶0041) comprise protrusions and/or surface disposed about the replaceable collection media assembly (Sims, removable cartridge 25; ¶0126-0140 and shown in Figs. 7A-7E) and configured to receive a compression force (Ben Shoshan, shown in Fig. 3).
Ozcan modified by Volckens, Sims and Ben Shoshan (for claim 4) appears to be silent to the compression elements comprising protrusions and/or surfaces disposed about the replaceable collection media assembly and configured to receive a compression force from a corresponding spring element disposed within the sensor.
However, Ben Shoshan does disclose a case 30 which is made of molded plastic (could be analogous to compression element because plastic can be compressed) and includes a slot for receptable 31 wherein the springs 32 are fitted into the case in order to hold slide 26 securely in the receptacle 31 (¶0041). This is essentially providing the same function as the above claim limitation. Furthermore, the use of springs to provide a compression force is known in the field of endeavor. Therefore, one of ordinary skill in the art would have known to combine prior art elements (compression elements or spring elements) according to known methods to yield predictable results (provide a compression force to secure objects in place) (MPEP 2143 (I)(A)).
As to claim 6, Ozcan modified by Volckens, Sims and Ben Shoshan teaches the replaceable collection media assembly of claim 5.
Ozcan modified by Volckens, Sims and Ben Shoshan further teaches that the compression force constrains movement of the replaceable collection media assembly (Sims, removable cartridge 25; ¶0126-0140 and shown in Figs. 7A-7E) in at least a vertical direction (Ben Shoshan, Shown in Fig. 3 and described in ¶0041.)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ozcan et al (US 2020/0103328 A1) in view of Volckens (US 2015/0143929 A1) and Sims (US 2018/0177945 A1), and further view of Nagai et al (US 6,909,269 B2).
As to claim 16, Ozcan modified by Volckens and Sims teaches the device of claim 9.
Ozcan modified by Volckens and Sims appears to be silent to the sensor comprises one or more additional latch and/or fastening elements configured to secure an upper sensor housing to a lower sensor housing in a closed sensor configuration of the sensor.
Nagai, related to a particle detector, does teach in Fig. 3, a sensor (1) comprises one or more additional latch and/or fastening elements (3, 8, 9, 31) configured to secure a first cell to a second cell (equivalent to an upper housing and lower housing as disclosed by the instant application) in a closed sensor configuration of the sensor. (See Abstract, Col 6 Lines 47-67; Figs. 3, 4)
It would be obvious for one with ordinary skills in the art before the effective filing date of the claimed invention to include in the device of Ozcan modified by Volckens and Sims so that the sensor comprises one or more additional latch and/or fastening elements configured to secure an upper sensor housing to a lower sensor housing in a closed sensor configuration of the fluid composition sensor, as disclosed by Nagai. The advantage of this inclusion is to arrange alignment with both cells so that the particle detector can easily and accurately be assembled with a high level of reproducibility. (See Nagai Col 3 Lines 44-48).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUDY DAO TRAN whose telephone number is (571)270-0085. The examiner can normally be reached Mon-Fri. 9:30am-5:00pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571) 270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUDY DAO TRAN/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
Prosecution Insights