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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/07/2026 has been entered.
Response to Arguments/Response
Applicant argument and amendment filed on 01/07/2026 are considered.
Claim objection: Applicant corrected the claims 82 and 85 as suggested. Therefore, the claim objection is withdrawn.
Claim interpretation: Claim amended claims 76, 77, 83, 84 and 86 to recite only “or” by removing and.
Claim Rejection under 35 U.S.C 112(b): Applicant amended claims 76-79, 83, 84 and 86 by removing word “substantially” in claims 77-79 and word “and” 76, 77, 83, 84 and 86. The amendment overcomes the rejection, therefore the rejection under 35 U.S.C 112 (b) is with drawn
Claim Rejection under 35 U.S.C 102 and 103.
Applicant amended independent claim 66 and argues the applied prior arts Call and May do not teach the amended limitations. However further search and consideration found prior arts Bertaux (US 20180087919 A1) and Ken et al (US 20160290912 A1) teaching the microscope-based collection arrangement analysis system, where the microscopic optic tube is movable. The prior arts are applied in combination with the prior art Call and May in their respective section below.
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.
Claim(s) 66-70, 72, 73, 76-86 is/are rejected under 35 U.S.C. 103 as being unpatentable over Call et al. (US 20040232052 A1) herein after “Call” in view of Kent et al (US 20160290912 A1) herein after “Kent” and Bertaux (US 20180087919 A1).
Regarding claim 66, Call teaches a sampling device for the collection of particulates from a fluid, the device comprising (para [0105] The present invention is directed to a method and apparatus for removing concentrated samples or spots of collected particulates from an impact collection surface, and transferring the removed particulates to a container suitable for preparing a liquid sample.):
an inlet through which the fluid flows into the device (para [0121] A virtual impactor uses a particle's inertia to separate it from a fluid stream that is turned, and a basic virtual impactor can be fabricated from a pair of opposing nozzles. Within a virtual impactor, the intake fluid coming through the inlet flows out from a nozzle directly at a second opposed nozzle into which only a "minor flow" is allowed to enter. This concept is schematically illustrated by a virtual impactor 1 shown in FIG. 1A.) In Fig. examiner views a fluid is flown through inlet of virtual impactor (i.e., within a sampling device/system);
a collection arrangement having a surface portion positioned in a collection position for collecting particulates from the fluid flowing from the inlet (para [0135] FIGS. 3A and 3B schematically illustrate a radial virtual impact collector including a separation plate 50 and a cover plate 56, in accord with the present invention… Virtual impactors 16 and bodies 33 together define a central minor flow collection portion 54. A plurality of impactor pillars 38 are disposed radially inward and downstream of minor flow passages 30, within central minor flow collection portion 54. Impactor pillars 38 are employed to receive a minor flow and to collect particulates thereon, as more fully described below); In Fig. 3A, 3B, examiner views the collection portion 54 and impact pillars (i.e., a collection arrangement having a surface portion) are is positioned to collect particulates in the fluid flowing from the virtual impactor
a fluid flow control system for controlling the flow rate of the fluid at the collection position during sampling, the fluid flow control system being configured to adjust a suction force at the collection position such that isokinetic flow is maintained at the inlet (para [0211] FIG. 18E illustrates an exemplary archival system 530, for collecting and archiving particulates entrained in a flow of fluid…System 530 includes a fluid inlet 531 that diverts a portion of a flow of fluid into system 530. A fan 533, which can be centrifugal fan or an axial fan driven by a motor or other prime mover, forces fluid through system 530. It should be noted that the virtual impactors used in the present invention to separate a flow of fluid into minor and major flows function best when the fluid passes through the virtual impactor at about a predefined velocity.
Para [0212] A fluid is forced into virtual impactor 532 by fan 533.
[0217] Prime mover 536 is controllably coupled to a control 538 The purpose of control 536 is to control the movement of prime mover 536 to achieve the desired movement of either virtual impactor 532 or archival surface 534, and to actuate means 546 when a sample of particulates is to be transferred from surface 534 to container 547. Means 546 can be actuated based on the occurrence of a predefined condition (such as a sensor indicating that a triggering event has occurred), based on an affirmative user command, or according to a predefined sampling protocol).
Here in examiner views control 538 as a fluid flow control a fluid flow control system for controlling the flow rate of the fluid at the collection position during sampling (i.e., at collection or archival system 530.). Under broadest reason of interpretation (BRI), Centrifugal fan (which is controlled by a prime mover 536 or controller 538) is viewed to provide an adjusted or controlled suction force at the collection system 530. Examiner views the centrifugal fan 533 at the collection or archival system 530, provides a predefined velocity (that is an isokinetic flow of a fluid) to the impactor of the collection system 530.
Call does not clearly teach a collection arrangement analysis system configured to receive the surface portion for analysis, the collection arrangement analysis system comprising:
a microscope optic tube comprising a microscope camera; and a microscope optic mounted to the microscope optic tube;
wherein the microscope optic tube is movable within the collection arrangement analysis system.
Kent teaches a collection arrangement analysis system configured to receive the surface portion for analysis (para [0252] For example, FIG. 18 shows an enlarged view of a portion of the section view shown in FIG. 17. Particles 1830 collected on the tape have been moved to particle inspection zone 1140. First light source 1750 illuminates 1803 the particle inspection zone with first light. Camera sensor 1720 (FIG. 17) captures images of particles in particle inspection zone 1140 (or a scene) within a field view of the camera sensor to generate a first image.), the collection arrangement analysis system comprising:
Examiner views the Fig. 18 as the collection arrangement analysis system to receive the particle 1830 collected on the tape (i.e., surface portion for analysis).
a microscope optic tube comprising a microscope camera (para [0492] The optical microscope includes an optical column 4130 with objective lens array 4135 and a camera-image sensor 4143
and
Examiner views the optical column 4130 as the microscope optic tube with a microscope camera.
a microscope optic mounted to the microscope optic tube (from para 0492 and Fig. 41 Examiner views the microscope optic lens is mounted to microscope column i.e., optic tube 4130);
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Kent into Call for the purpose of having a microscope tube and camera so that the clear and accurate images of particles in on the monitored surfaces can be taken for an analysis of the particles.
Call and Kent does not clearly teach wherein the microscope optic tube is movable within the collection arrangement analysis system
Bertaux teaches wherein the microscope optic tube is movable within the collection arrangement analysis system (para [0031] The particles may be viewed and illuminated by light sources 75 which may shine from the front, side and/or back of the particulate capture device 55. Control of the focus of the camera 65, microscope 150, or other components of the image capture device 65 may be facilitated by the electronic controller 85, or via remotely controlled movement of the camera and/or microscope 65, 150, or other mechanical positioning guides 155. Within the airstream 45 of the air being sampled may be located one or more sensors 65, 80, 185 to monitor or measure air flow velocity, rate, or other properties.).
Examiner in above paragraph and Fig. 6 and 10, views the microscope 65, 150 (i.e., with microscope optic tube) moveably controlled by an electronic controller in the particulate sampling analyzer (i.e., collection arrangement analysis system).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Bertaux into Call for the purpose of having a moveable microscope optic tube within the arrangement analysis system so that the distance between the lens and the samples with particles can be adjusted for accurate analysis of the particles.
Regarding claim 67, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 66, Call teaches wherein the fluid flow control system maintains a constant flow rate of the fluid (para [0211] Fig. 18 E . It should be noted that the virtual impactors used in the present invention to separate a flow of fluid into minor and major flows function best when the fluid passes through the virtual impactor at about a predefined velocity. Para [0212] A fluid is forced into virtual impactor 532 by fan 533). Examiner views the controller controls fan and the virtual impactor. Examiner views a predefine velocity (i.e., viewed as constant flow rate of liquid) is maintained by the fan at the collection system 530 or within the virtual impactor.
Regarding claim 68, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 66, Call teaches wherein the fluid flow control system further comprises a suction device that creates the suction force, the suction device being in fluid communication with the inlet such that the fluid received through the inlet flows past the collection position prior to being exhausted from the device by the suction device (para [0211] FIG. 18E illustrates an exemplary archival system 530, for collecting and archiving particulates entrained in a flow of fluid. Such particulates can include chemical and biological compounds. System 530 includes a fluid inlet 531 that diverts a portion of a flow of fluid into system 530. A fan 533, which can be centrifugal fan or an axial fan driven by a motor or other prime mover, forces fluid through system 530… so that the major flow through system 530 is drawn through and exhaust 535 and the fluid comprising the minor flow (after the particulates are deposited on the archival surface), exit through another port (not shown). Para [0212] A fluid is forced into virtual impactor 532 by fan 533.)
Under broadest reason of interpretation, Centrifugal fan (which is controlled by a prime mover 536 or controller 538) is viewed to provide an adjusted or controlled suction force at the collection system 530. The fan is in communication with the fluid at the inlet and the fluid passes collection 530 before being exhausted.
Regarding claim 69, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 68, Call teaches wherein the speed of the suction device adjustably controls the flow rate of the fluid at the collection position ((para [0211] Fig. 18 E . It should be noted that the virtual impactors used in the present invention to separate a flow of fluid into minor and major flows function best when the fluid passes through the virtual impactor at about a predefined velocity. Para [0212] A fluid is forced into virtual impactor 532 by fan 533. Para [0218] Control 538 is shown as being controllably coupled to fan 533.). Examiner views the controller controls fan and the virtual impactor. Examiner views the control being controllably (i.e, under BRI adjustably) couple to the fan due to which the fan controls the flow rate at the collection system.
Regarding claim 70, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 66, Call teaches wherein the fluid flow control system further comprises at least one sensor for measuring the flow rate of the fluid proximal to the surface portion in the collection position ([0211] It should be noted that the virtual impactors used in the present invention to separate a flow of fluid into minor and major flows function best when the fluid passes through the virtual impactor at about a predefined velocity. While a source of some fluid streams may have sufficient velocity to pass through a virtual impactor without requiring a fan to drive them through the virtual impactor, it is contemplated that many applications of system 530 (such as collecting particulates from a smokestack) will require fan 533.). Under BRI examiner views fluid velocity (i.e a measure of flow rate of fluid) in impactor as measured flow rate (i.e., by a sensor) at a proximal (i.e., near to or within) to the surface portion of the collection 530.
Regarding claim 72, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 70, Call teaches wherein the suction device is in the form of an exhaust fan (para [0211] A fan 533, which can be centrifugal fan… fan 533 forces a fluid into system 530, those of ordinary skill in the art will recognize that the fan could alternatively be positioned to draw fluid through system 530, so that the major flow through system 530 is drawn through and exhaust 535 and the fluid comprising the minor flow (after the particulates are deposited on the archival surface), exit through another port (not shown).
Examiner viewed Centrifugal fan as suction device which is in the form an exhaust fan (i.e., fan helps in inletting fluid into system and exhausting from the system).
Regarding claim 73, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 72, Call teaches wherein the fluid flow control system adjustably controls the speed of the exhaust fan in response to measurements from the at least one sensor. (((para [0211] Fig. 18 E. It should be noted that the virtual impactors used in the present invention to separate a flow of fluid into minor and major flows function best when the fluid passes through the virtual impactor at about a predefined velocity…. While as shown, fan 533 forces a fluid into system 530, those of ordinary skill in the art will recognize that the fan could alternatively be positioned to draw fluid through system 530, so that the major flow through system 530 is drawn through and exhaust 535 and the fluid comprising the minor flow (after the particulates are deposited on the archival surface), exit through another port (not shown). Para [0212] A fluid is forced into virtual impactor 532 by fan 533. Para [0218] Control 538 is shown as being controllably coupled to fan 533. According to one sampling protocol, fan 533 will operate continuously. According to another sampling protocol, fan 533 will operate for a predefined period of time while a spot is being deposited on the archival surface, and then will be de-energized by the control. It is preferable that the flow of fluid into the system be interrupted between the deposition of samples that deposited as spots, and when the archival surface is being replaced. [0220] As noted above, in some embodiments, system 530 may beneficially include sensors 540, which communicate with control 538 to cause a sample to be collected in response to an event that is detected by the sensors (i.e., one or more sensors).
Examiner views the control being controllably (i.e., under BRI adjustably) connected to the fan and is controlled in response to sample fluid flow.
Regarding claim 76, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 66, Call teaches wherein the fluid flow is laminar and/or iso-axial. ([0211] It should be noted that the virtual impactors used in the present invention to separate a flow of fluid into minor and major flows function best when the fluid passes through the virtual impactor at about a predefined velocity.). Fluid with predefined velocity is viewed as having a substantially laminar flow.
Regarding claim 77, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 76, Call teaches wherein the outlet is arranged relative to the inlet such that the fluid flow is substantially laminar or iso-axial when it flows from the outlet (para [0211] Fig. 18 E. It should be noted that the virtual impactors used in the present invention to separate a flow of fluid into minor and major flows function best when the fluid passes through the virtual impactor at about a predefined velocity…. para [0211] While as shown, fan 533 forces a fluid into system 530, those of ordinary skill in the art will recognize that the fan could alternatively be positioned to draw fluid through system 530, so that the major flow through system 530 is drawn through and exhaust 535 and the fluid comprising the minor flow (after the particulates are deposited on the archival surface), exit through another port (not shown). Para [0218] Control 538 is shown as being controllably coupled to fan 533).
Examiner views the above paragraphs suggest the fan could be positioned to exhaust the fluid flow from the outlet. The fan be controlled by controller for predefined velocity of fluid (i.e., laminar flow of fluid) from the exhaust or outlet.
Regarding claim 78, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 76, Call teaches wherein the collection arrangement is orientated such that the surface portion is perpendicular to the fluid flow from the outlet (para [0234] To obtain a concentrated sample of particulates 614 from those collected on coated impact collection surface 623a, particle impact collector 621 preferably includes a specimen container 636 that is filled with a collected sample through a funnel 634).
In Fig. 19 examiner views the collection arrangement 620 is orientated that its surface 623 is perpendicular to the fluid flow from the funnel 634 (Outlet).
Regarding claim 79, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 76, Call teaches further comprising an angular control system that is arranged to orient the inlet relative to an ambient flow of the fluid such that the fluid flow through the inlet is laminar ([0125] FIGS. 1B, 1C, and 1D illustrate a first embodiment of a virtual impact separation plate 10 formed in accordance with the present invention. Each nozzle 14 includes an inlet end 14a and an outlet end 14b and is defined between adjacent nozzle projections 18 having a height "H" (see FIG. 1C).
Para [0211] It should be noted that the virtual impactors used in the present invention to separate a flow of fluid into minor and major flows function best when the fluid passes through the virtual impactor at about a predefined velocity.).
In Fig. 1B-D, examiner views the inlet of nozzle 14 are in angular shaped (i.e., vewed to be an angular control) relative to an ambient flow such that fluid flow through inlet is laminar or predefined velocity of a fluid.
Regarding claim 80, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 66, Call teaches wherein the device is a static device (para [0228] Preferably system 530 will often be used in a fixed (permanent) location to monitor a specific geographical location over a long period of time.).
Regarding claim 81, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 80, Call teaches wherein the device is pivotally mounted (para [0178] Disk 516 can be moved using an appropriate prime mover 520, such as a stepping motor. As shown, one such means includes a shaft 518 detachably coupled to disk 516 and driven by prime mover 520.).
Herein examiner views the shaft 518 as pivot assembly to mount the disk 516 of sampling device.
Regarding claim 82, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 81, Call teaches wherein the device further comprises a wind vane ([0237] FIG. 20A illustrates the use of a gaseous jet 718 to remove particles 714 from collection surface 716, and to transfer those particles into a sample container 720.).
Examiner views, gaseous jet is views as wind vane for removing particles from collection surface.
Regarding claim 83, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 80, Call teaches further comprising telecommunication means configured to transmit data collected by the sampling device to a server off-site or to the cloud (para [0347] In operation, sensors based on regenerative surfaces operate virtually continuously in a sampling mode. When they detect a high probability of presence of airborne hazards, they issue an alert signal, which may be communicated locally and/or remotely.)
Regarding claim 84, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 80, Call teaches where the sampling device is configured to collect atmospheric data or geospatial information (para [0220] Such sensors can be used to measure relevant environmental factors that include, but are not limited to, pressure, humidity, temperature, particulate count, and presence of a particular target bio-molecule (such as particular cell types, pathogens, and toxins).).
Regarding claim 85, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 66, Call teaches wherein the collection arrangement analysis system configured to utilize computer vision techniques to identify collected particulates on the surface portion (para [0047] As mentioned above, the detector produces signals related to the biological signature detected. The signals are usually transmitted to a receiver, which may then relay the signals for further processing. The signals typically reach a processor, which may be a computer or a Neuron Chip.RTM. The processor is capable to process or interpret the signals and thus establish or gauge the concentration of biological particles in the spot.).
Examiner views a computer which includes a signal processing method help in detecting particles in the spot (on the surface portion).
Regarding claim 86, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 66, Call teaches wherein the device is further configured to correlate specific particulates collected on the surface portion with the collection of atmospheric data or geospatial information (para [0018] A plurality of such samples, each relating to a specific time period and/or location of collection, can be stored and later analyzed to quantitatively and/or qualitatively test for a specific particulate at a specific time. It is anticipated that such samples will be very useful in the study of potentially hazardous particulates, including but not limited to viruses, bacteria, bio-toxins, and pathogens.).
Here examiner views analyzed sample will correlate to the specific time and location (geospatial information) when and where the sample was collected.
Claim(s) 75 is/are rejected under 35 U.S.C. 103 as being unpatentable over Call, Kent and Bertaux in view of May et al (US20020108451 A1) herein after “May.”
Regarding claim 75, the combination of Call, Kent and Bertaux teaches the sampling device according to claim 73, the combination does not clearly teach wherein the at least one sensor measures the pressure differential between a stagnation pressure of the fluid flow within the sampling device proximal to the surface portion, and a static pressure external to the sampling device.
May teaches wherein the at least one sensor measures the pressure differential between a stagnation pressure of the fluid flow within the sampling device proximal to the surface portion, and a static pressure external to the sampling device (para [0038] In yet another embodiment, an exhaust probe is used in conjunction with exhaust measurement devices for the measurement of particulate matter, hydrocarbons or other gaseous emitted species. The device is designed for direct placement into an exhaust stack. The shape of the device is such that, at the bottom, the exhaust gas pressure in the stagnation zone is significantly higher than the static pressure of the exhaust in the stack. By routing this unhindered through a tube outside of the stack to ambient air pressure, the maximum possible pressure differential is achieved. This results in the greatest possible flow through the tube without non-passive components such as pumps, ejectors etc.).
Herein Examiner views the stagnation zone pressure of fluid or gas within a device is higher than the static pressure of the exhaust (i.e., external to device). Examiner views the pressure difference is calculated measured using the pressure values or by sensors.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated May into Call for the purpose of measuring a stagnation zone pressure and a static pressure in a measurement device, so that a better flow of fluid sample can be obtained through the measurement device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shalom et al. (US 20160209382 A1) discusses sensing techniques for detection and identification of substances in ambient surroundings, on surfaces of objects, inside closed items or in fluids.
Erben et al. (US 20130292512 A1) environmental sampling using unmanned vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARAD TIMILSINA whose telephone number is (571)272-7104. The examiner can normally be reached Monday-Friday 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovksi can be reached at 571-270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHARAD TIMILSINA/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857