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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17 in the reply filed on 07/29/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/04/2019 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Preliminary Remarks/Status of the Claims
Applicant has canceled claims 18-20 (the non-elected claims) and added claims 21-23. Therefore, claims 1-17 and 21-23 are pending in the application.
Claim Rejections - 35 USC § 102
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.
Claims 1-17 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Addleman et al. (US2014/0322518 A1; hereafter “Addleman”).
Regarding claim 1, Addleman discloses a gas filter (a composite material for capture and separation of a species of interest is disclosed. The species of interest may be an analyte or a material, para. [0007]), comprising: a microcomposite structure (composite thin film is formed by integration of a nanostructured material, para. [0007]) comprising:
“a filter medium comprising an active material,”: Addleman discloses composite thin film is formed by integration of a nanostructured material (para. [0007]); nanostructured ceramics such as alumina, titania and silica materials possess large surface areas (para. [0052]).
“having a combination of size exclusive, absorptive, and catalytic properties, that enables gaseous molecules below a certain size and of a particular chemical nature not to be absorbed or reacted to pass through the active material,”: Addleman discloses the composite thin film can function as an analyte capture and concentration material for trace level detection in air (para. [0035]); film composition and process conditions can be controlled to enable the desired porosity and surface smoothness (para. [0058]).
“wherein the active material comprises a molecular sieve,”: Addleman discloses nanostructured ceramics such as alumina, titania and silica materials possess large surface areas and retain chemical, thermal and mechanical stability (para. [0052]; fiber mesh, claim 5).
“and wherein a planar dimension of the filter medium is less than or equal to approximately 1 centimeter (cm) and a thickness of the filter medium is less than or equal to approximately 2 millimeters (mm).”: Addleman discloses these thin films provide increased surface area, permeability, capacity, chemical activity, selectivity, thermal stability, mechanical strength, and anti-biofouling properties for certain separations of mixed solutions or volumes of gas (para. [0034]); the thin film coatings can be applied in multiple layers to increase thickness or surface area as well as for adhesion enhancement (para. [0042]). Also, Addleman discloses thin films area desirable form factor since they provide rapid kinetics and can be installed upon many microstructures (para. [0049]); and the thickness of the thin film is in a range of about 0.1 µm to about 100 µm (para. [0009]). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
Regarding claim 2, Addleman discloses the active material incorporates particulate material having a size in range from approximately 100 nanometers (nm) to 500 micrometers (pm), wherein the particulate material has microporous, mesoporous or macroporous nature (nanomate rial was mesoporous silica—with particle size milled to less than 0.5 microns, para. [0067]). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
Regarding claim 3, Addleman discloses the particulate material has a nanostructure associated with capturing or catalyzing reactions of one or more particular gases (DNT demonstrates analogous to other materials of interest in the gas/vapor phase, para. [0067]; and nanomaterial was mesoporous silica, para. [0067]). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
Regarding claim 4, Addleman discloses the particulate material is pressed or sintered to reduce or eliminate percolation paths between grains of the particulate material (smooth thin films particle sizes of less than 0.5 microns were preferred, para. [0052], film composition and process conditions can be controlled to enable the desired porosity and surface smoothness, para. [0058]). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
Regarding claim 5, Addleman discloses the filter medium further comprises a binder to bind grains of the particulate material together while maintaining porosity or permeability to allow one or more particular gases to pass through the gas filter (the material is comprised of nanostructured materials combined with a porous polymeric binder for adhesion and stability, para. [0033]). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
Regarding claim 6, Addleman discloses wherein the binder fills-in or at least partially blocks percolation paths between the grains of the particulate material (a porous polymer binder, the thin film composite overcomes one of the primary challenges to using nanomaterials—integration and stabilization into useful devices/form factors without blocking the chemically reactive sites, para. [0034]). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
Regarding claim 7, Addleman discloses the binder comprises a low-outgassing polymer or adhesive (the porous polymer is, but not limited to, one of the following a polyamide, para. [0017). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
Regarding claim 8, Addleman discloses the binder comprises a hydrophobic material (Nafion® is a commercially available porous polymer that has a hydrophobic/hydrophilic structure, para. [0056]).
Regarding claim 9, Addleman discloses the binder comprises an oleophobic material (the polymer was Nafion® and nanomaterial was mesoporous silica, para. [0067]).
Regarding claim 10, Addleman discloses the particulate material is bound in a scaffold that is compacted in association with controlling percolation pathways and gas diffusion path and length to provide selectivity between gases (the nanostructured material is, but not limited to metal-organic frame work (MOF), para. [0016]; MOFs are known in the art for gas storage and separation via adustable pore sizes; and this selectivity of specific molecules).
Regarding claim 11, Addleman discloses the active material is functionalized with a particular ion or a particular functional group in association with rejecting a particular gas species (the nanostructured material is, but not limited to activated carbon, para. [0016]). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
Regarding claim 12, Addleman discloses comprising a hydrophobic layer on a surface of the filter medium (porous polymer that has a hydrophobic/hydrophilic structure, para. [0056]).
Regarding claim 13, Addleman discloses comprising an oleophobic layer on a surface of the filter medium (the polymer was Nafion® and nanomaterial was mesoporous silica, para. [0067]).
Regarding claim 14, Addleman discloses a superficial breathable fluoropolymer layer on a surface of the filter medium (the porous polymer is, but not limited to polytetrafluoroethylene (PTFE), para. [0017]).
Regarding claim 15, Addleman discloses an impermeable layer on a sidewall of the filter medium (the polymer may provide synergistic properties beyond adhesion such as increased chemical hydrophobicity of the material to enhance performance, para. [0036]).
Regarding claim 16, Addleman discloses the gas filter further comprises another filter medium that includes an enzyme (Some specific applications for the nanostructured material includes low temperature catalyst process, para. [0047]).
Regarding claim 17, Addleman discloses the gas filter is included in a gas sensing system comprising a gas detector and a drive circuit (the term device encompasses a manufactured article such as, but not limited to, a sensor device (e.g., biosensor) and a semiconductor device (e.g., integrated circuit), para. [0003]).
Regarding claim 21, Addleman discloses a gas filter (a composite material for capture and separation of a species of interest is disclosed. The species of interest may be an analyte or a material, para. [0007]), comprising: a microcomposite structure (composite thin film is formed by integration of a nanostructured material, para. [0007]) comprising:
“filter medium comprising a functionalized active material that enables gaseous molecules below a certain size and of a particular chemical nature to pass through the filter medium without being absorbed or reacted,”: Addleman discloses composite thin film is formed by integration of a nanostructured material (para. [0007]); nanostructured ceramics such as alumina, titania and silica materials possess large surface areas (para. [0052]). Moreover, Addleman discloses the nanostructured material is, but not limited to activated carbon, para. [0016]).
“wherein the functionalized active material is functionalized with a particular ion or a particular functional group that rejects a particular gas species based on at least one or a charge of the particular gas species or a chemical interaction with the particular functional group,”: Addleman discloses composite thin film is formed by integration of a nanostructured material (para. [0007]); nanostructured ceramics such as alumina, titania and silica materials possess large surface areas (para. [0052]). Moreover, Addleman discloses the nanostructured material is, but not limited to activated carbon, para. [0016]). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
“wherein a planar dimension of the filter medium is less than or equal to approximately 1 centimeter (cm) and a thickness of the filter medium is less than or equal to approximately 2 millimeters (mm),”: Addleman discloses these thin films provide increased surface area, permeability, capacity, chemical activity, selectivity, thermal stability, mechanical strength, and anti-biofouling properties for certain separations of mixed solutions or volumes of gas (para. [0034]); the thin film coatings can be applied in multiple layers to increase thickness or surface area as well as for adhesion enhancement (para. [0042]). Also, Addleman discloses thin films area desirable form factor since they provide rapid kinetics and can be installed upon many microstructures (para. [0049]); and the thickness of the thin film is in a range of about 0.1 µm to about 100 µm (para. [0009]). It should be noted that the term “or” in the claim is being interpreted to mean that only one of the clauses needs to be met by the prior art in order to anticipate or render the instant claim obvious.
“and wherein the functionalized active material comprises a molecular sieve.”: Addleman discloses nanostructured ceramics such as alumina, titania and silica materials possess large surface areas and retain chemical, thermal and mechanical stability (para. [0052]; fiber mesh, claim 5).
Therefore, the reference of Addleman meet the limitations if claims 1-17 and 21.
Claim Rejections - 35 USC § 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Addleman et al. (US2014/0322518 A1; hereafter “Addleman”), and further in view of Cheng et al. (US 2021/0285912 A1; hereafter “Cheng”).
Regarding claim 22, Addleman teaches a gas sensor system comprising: a gas filter (a composite material for capture and separation of a species of interest is disclosed. The species of interest may be an analyte or a material, para. [0007]), a filter medium that enables gaseous molecules below a certain size and of a particular chemical nature to pass through a molecular sieve of the filter medium without being absorbed or reacted, wherein a planar dimension of the filter medium is less than or equal to approximately 1 centimeter (cm) and a thickness of the filter medium is less than or equal to approximately 2 millimeters (mm, Addleman discloses the composite thin film can function as an analyte capture and concentration material for trace level detection in air (para. [0035]); film composition and process conditions can be controlled to enable the desired porosity and surface smoothness, para. [0058]).
Addleman does not explicitly disclose a electrochemical cell and drive circuit coupled to the electrochemical cell.
However, Cheng teaches an electrochemical gas detector includes an electrochemical cell, a switching circuit, and a drive circuit (Abstract) and Cheng teaches an electrochemical cell 100 having multiple electrodes contained in a housing; the housing includes a vent hole that exposes at least one respective electrode to the ambient gas of the environment. A gas-selective filter can be disposed on or in any of the vent hole(s), para. [0054]. Also, Cheng teaches a drive circuit 120 coupled to the electrochemical cell 100 (shown in Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to incorporate a electrochemical cell and a drive circuit coupled to the electrochemical circuit as taught by Cheng, since Cheng teaches the drive circuit 120 circuitry and the electrochemical cell allow for the indication of the presence or concentration of one or more gases (para. [0061]).
Regarding claim 23, Addleman teaches the invention discussed above in claim 22.
However, Cheng teaches an electrochemical gas detector includes an electrochemical cell, a switching circuit, and a drive circuit (Abstract) Cheng teaches a drive circuit 120 coupled to the electrochemical cell 100 (shown in Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to incorporate a drive circuit as taught by Cheng, since Cheng teaches the drive circuit 120 circuitry and the electrochemical cell allow for the indication of the presence or concentration of one or more gases (para. [0061]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LENORA A. ABEL whose telephone number is (571)272-8270. The examiner can normally be reached Monday-Friday 7:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at (571) 272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LENORA A ABEL/Examiner, Art Unit 1799
/MICHAEL L HOBBS/Primary Examiner, Art Unit 1799
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