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 .
Claim Rejections - 35 USC § 102/103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 20040101851 to White.
Regarding Claim 4, White discloses a method of machine olfaction (Figs. 1-4, sensing device for analytes (odors); ¶¶ [0101]-[0116]) comprising the steps of: passing an analyte vapor through a temporal airflow modulator configured to selectively pass an airflow and the analyte vapor (Figs. 1-4, analyte delivery and control system (i.e. manipulation of spatial and temporal distributions; control over temperature, humidity, and duty cycle); ¶¶ [0101]-[0116]); and passing the analyte vapor through a multi-parametric sensing unit (Figs. 1-4, detection by sensor array with multiple/differing parameters and control and measurement of temperature; ¶¶ [0101]-[0116], [0259]-[0286]).
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over White in view of US 20150302728 to Gettings.
Regarding Claim 1, White discloses a system for machine olfaction (Figs. 1-4, sensing device for analytes (odors); ¶¶ [0101]-[0116]) comprising: an array of temperature-controlled sensor pairs (Figs. 1-4, sensing array with pairs of opposed light emitting diode light sources and photodiode photodetectors and means for controlling temperature; ¶¶ [0101]-[0116]); and a computer configured to provide power to the array of sensor pairs (Figs. 1-4, computer control of LEDs powered by a single constant voltage circuit or each LED powered independently by its own constant current circuitry; ¶¶ [0101]-[0116], [0137]-[0143]).
However, White is silent regarding the computer configured to wirelessly transmit data from the array of sensor pairs to a host computer. Gettings discloses the computer configured to wirelessly transmit data from the array of sensor pairs to a host computer (Figs. 1-2, communication among environmental monitoring devices 110, optional electronic devices 114) and data-sharing electronic device 118 using wireless signals, and communication with optional computer 120 and optional network 122 (such as the Internet, a wireless local area network, an Ethernet network, an intra-net, an optical network, etc.) and aggregating or archive device 116 (which may or may not involve wireless signals); ¶¶ [0053]-[0056]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of White by providing the computer configured to wirelessly transmit data from the array of sensor pairs to a host computer as in Gettings in order to provide for a well-known alternative to wired communication. See, e.g., "substitution of art-recognized equivalents" as discussed in MPEP 2144.06II "An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982)."
Regarding Claim 2, White discloses each pair of sensors comprises one Volatile Organic Compound (VOC) sensor (Figs. 1-4, detection of volatile compounds by sensor array with multiple/differing parameters with control and measurement of temperature; ¶¶ [0101]-[0116], Claims 1-6) and Gettings discloses each pair of sensors comprises one Volatile Organic Compound (VOC) sensor and one digital barometer (Figs. 1-2, sensor subsystem 218 may include one or more sensor devices 228 (or a sensor array), which may include a thermal sensor (such as a thermometer), a humidity sensor, a barometer, and a volatile-organic-compound sensor; ¶ [0077]).
Regarding Claim 3, White discloses said computer is a plurality of computers (Figs. 1-4, computer control of LEDs powered by a single constant voltage circuit or each LED powered independently by its own constant current circuitry; ¶¶ [0101]-[0116], [0137]-[0143]). AND Gettings discloses said computer is a plurality of computers (Figs. 1-2, communication among environmental monitoring devices 110, optional electronic devices 114) and data-sharing electronic device 118 using wireless signals, and communication with optional computer 120 and optional network 122 (such as the Internet, a wireless local area network, an Ethernet network, an intra-net, an optical network, etc.) and aggregating or archive device 116 (which may or may not involve wireless signals); ¶¶ [0053]-[0056]).
Regarding Claim 4, White discloses a method of machine olfaction (Figs. 1-4, sensing device for analytes (odors); ¶¶ [0101]-[0116]) comprising the steps of: passing an analyte vapor through a temporal airflow modulator configured to selectively pass an airflow and the analyte vapor (Figs. 1-4, analyte delivery and control system (i.e. manipulation of spatial and temporal distributions; control over temperature, humidity, and duty cycle); ¶¶ [0101]-[0116]); and passing the analyte vapor through a multi-parametric sensing unit (Figs. 1-4, detection by sensor array with multiple/differing parameters and control and measurement of temperature; ¶¶ [0101]-[0116], [0259]-[0286]). Assuming arguendo that White does not sufficiently disclose a multi-parametric sensing unit, Gettings discloses a multi-parametric sensing unit (Figs. 1-2, sensor subsystem 218 may include one or more sensor devices 228 (or a sensor array), which may include a thermal sensor (such as a thermometer), a humidity sensor, a barometer, and a volatile-organic-compound sensor; ¶ [0077]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of White by providing a multi-parametric sensing unit as in Gettings in order to provide greater accuracy.
Regarding Claim 5, Gettings discloses said multi-parametric sensing unit is configured to react to a chemical parameter, a pressure parameter and a temperature parameter (Figs. 1-2, sensor subsystem 218 may include one or more sensor devices 228 (or a sensor array), which may include a thermal sensor (such as a thermometer), a humidity sensor, a barometer, and a volatile-organic-compound sensor; ¶ [0077]).
Regarding Claim 6, White discloses said multi-parametric sensing unit comprises: an array of temperature-controlled sensor pairs (Figs. 1-4, sensing array with pairs of opposed light emitting diode light sources and photodiode photodetectors and means for controlling temperature; ¶¶ [0101]-[0116]); and a computer configured to provide power to the array of sensor pairs (Figs. 1-4, computer control of LEDs powered by a single constant voltage circuit or each LED powered independently by its own constant current circuitry; ¶¶ [0101]-[0116], [0137]-[0143]) and Gettings discloses the computer configured to wirelessly transmit data from the array of sensor pairs to a host computer (Figs. 1-2, communication among environmental monitoring devices 110, optional electronic devices 114) and data-sharing electronic device 118 using wireless signals, and communication with optional computer 120 and optional network 122 (such as the Internet, a wireless local area network, an Ethernet network, an intra-net, an optical network, etc.) and aggregating or archive device 116 (which may or may not involve wireless signals); ¶¶ [0053]-[0056]).
Regarding Claim 7, White discloses each pair of sensors comprises one Volatile Organic Compound (VOC) sensor (Figs. 1-4, detection of volatile compounds by sensor array with multiple/differing parameters with control and measurement of temperature; ¶¶ [0101]-[0116], Claims 1-6) and Gettings discloses each pair of sensors comprises one Volatile Organic Compound (VOC) sensor and one digital barometer (Figs. 1-2, sensor subsystem 218 may include one or more sensor devices 228 (or a sensor array), which may include a thermal sensor (such as a thermometer), a humidity sensor, a barometer, and a volatile-organic-compound sensor; ¶ [0077]).
Regarding Claim 8, White discloses said computer is a plurality of computers (Figs. 1-4, computer control of LEDs powered by a single constant voltage circuit or each LED powered independently by its own constant current circuitry; ¶¶ [0101]-[0116], [0137]-[0143]). AND Gettings discloses said computer is a plurality of computers (Figs. 1-2, communication among environmental monitoring devices 110, optional electronic devices 114) and data-sharing electronic device 118 using wireless signals, and communication with optional computer 120 and optional network 122 (such as the Internet, a wireless local area network, an Ethernet network, an intra-net, an optical network, etc.) and aggregating or archive device 116 (which may or may not involve wireless signals); ¶¶ [0053]-[0056]).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over White in view of US 20180364207 to Roberts.
Regarding Claim 9, White discloses a system (Figs. 1-4, sensing device for analytes (odors); ¶¶ [0101]-[0116]) comprising: an array of temperature-controlled sensor pairs (Figs. 1-4, sensing array with pairs of opposed light emitting diode light sources and photodiode photodetectors and means for controlling temperature; ¶¶ [0101]-[0116]); and a computer configured to provide power to the array of sensor pairs, and to transmit data from the array of sensor pairs to a host computer configured to analyze the data (Figs. 1-4, computer control of LEDs powered by a single constant voltage circuit or each LED powered independently by its own constant current circuitry; ¶¶ [0101]-[0116], [0137]-[0143])..
However, White is silent regarding a single-board computer configured to provide power to the array of sensor pairs, and to wirelessly transmit data from the array of sensor pairs to a host computer configured to analyze the data. Roberts discloses a single-board computer configured to provide power to the array of sensor pairs, and to wirelessly transmit data from the array of sensor pairs to a host computer configured to analyze the data (Figs. 1-4, output of the detector 30 component communicated wirelessly to the external environment with Raspberry PI board); ¶¶ [0076],[0112]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of White by providing a single-board computer configured to provide power to the array of sensor pairs, and to wirelessly transmit data from the array of sensor pairs to a host computer configured to analyze the data as in Roberts in order to provide for a well-known alternative to wired communication. See, e.g., "substitution of art-recognized equivalents" as discussed in MPEP 2144.06II "An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982)."
Regarding Claim 10, White discloses said array of sensor pairs comprises at least eight sensor pairs (Figs. 1-4, sensing array with pairs of opposed light emitting diode light sources and photodiode photodetectors with 16 channels; ¶¶ [0101]-[0116]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Roberts and Gettings.
Regarding Claim 11, White in view of Roberts discloses the system of claim 9 and White further discloses each pair of sensors comprises one Volatile Organic Compound (VOC) sensor (Figs. 1-4, detection of volatile compounds by sensor array with multiple/differing parameters with control and measurement of temperature; ¶¶ [0101]-[0116], Claims 1-6). However, White in view of Roberts is silent regarding one digital barometer. Gettings discloses each pair of sensors comprises one Volatile Organic Compound (VOC) sensor and one digital barometer (Figs. 1-2, sensor subsystem 218 may include one or more sensor devices 228 (or a sensor array), which may include a thermal sensor (such as a thermometer), a humidity sensor, a barometer, and a volatile-organic-compound sensor; ¶ [0077]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of White in view of Roberts by providing one digital barometer as in Gettings in order to provide for greater accuracy.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Roberts and Gettings, and further in view of US 20180120278 to Hoorfar.
Regarding Claim 12, White in view of Roberts and Gettings discloses the system of claim 11, but are silent regarding each VOC sensor comprises a micro-hotplate metal-oxide (MOX) sensor with integrated resistive heaters configured to respond to a presence of volatile molecules. Hoorfar discloses each VOC sensor comprises a micro-hotplate metal-oxide (MOX) sensor with integrated resistive heaters configured to respond to a presence of volatile molecules (Figs. 1-3, Metal Oxide VOC gas sensor with integrated heaters; ¶¶ [0013]-[0015], [0043], [0099]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of White in view of Roberts and Gettings by providing each VOC sensor comprises a micro-hotplate metal-oxide (MOX) sensor with integrated resistive heaters configured to respond to a presence of volatile molecules as in Hoorfar in order to provide for a well-known alternative type of gas sensor. See, e.g., "substitution of art-recognized equivalents" as discussed in MPEP 2144.06II "An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982)."
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Roberts and Gettings, and further in view of US 20170203958 to Classen.
Regarding Claim 13, White in view of Roberts and Gettings discloses the system of claim 11, but are silent regarding each digital barometer comprises a small MEMS sensor with piezoresistive elements on a thin suspended membrane. Classen discloses each digital barometer comprises a small MEMS sensor with piezoresistive elements on a thin suspended membrane (Fig. 5, pressure sensor structure 12 including a pressure sensor diaphragm 18 and a piezoelectric resistor 19; ¶¶ [0007], [0049]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of White in view of Roberts and Gettings by providing each digital barometer comprises a small MEMS sensor with piezoresistive elements on a thin suspended membrane as in Classen in order to provide for a well-known alternative type of gas sensor. See, e.g., "substitution of art-recognized equivalents" as discussed in MPEP 2144.06II "An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982)."
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Roberts and further in view of US 5832411 to Schatzmann.
Regarding Claim 14, White in view of Roberts discloses the system of claim 9, but are silent regarding a DAC for controlling temperature of said temperature-controlled pairs. Schatzmann discloses a DAC for controlling temperature of said temperature-controlled pairs (Figs. 1-2, heater 86 with driver circuit 100 for DAC control; Col. 8, lines 14-56). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of White in view of Roberts by providing a DAC for controlling temperature of said temperature-controlled pairs as in Schatzmann in order to provide for a well-known alternative type of heater control. See, e.g., "substitution of art-recognized equivalents" as discussed in MPEP 2144.06II "An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982)."
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BOLDUC whose telephone number is (571)270-1602. The examiner can normally be reached M-F, 10am-6pm.
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/DAVID J BOLDUC/Primary Examiner, Art Unit 2852