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 .
35 USC 112(b) Rejection
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 1, the preamble is not consistent with the body of the claim. The preamble calls for a “cartridge” (10) illustrated in Figure 1, the cartridge “for use in conjunction with a … instrument” (line 1, claim 1), but the body relates back to the instrument 100 suggestive of a combination of the whole 100 (per Figure 7). What is Applicant’s intent?
As to claim 1, reference is made to both the entrance port and exit port being connected to the same line 110; but Figure 7 shows that such is not the case. Figure 7 identifies that the entrance 68 and exit port 69 are each connected to a different lines 110, 110. Even the specification is not consistent with Figure 7. How is one of ordinary skill to comprehend the meaning of claim 1’s single line, when drawings indicate that there are 2 separate lines, one for each of entrance 68 and port 69.
As to claim 2, “vessel is a metal cylinder with ferrules at each axial end” (italics added, lines 1-2) is not consistent with the Paragraph 17 (Publication) which suggest that “a ferrule 23” is compressed with an end cap at each end (i.e. that there is a single ferrule at each end of the cylinder).
35 USC 102 Rejection
Claim(s) 1,7 is/are rejected under 35 U.S.C. 102(a1) as anticipated by Huang et al ‘023.
Huang et al CN111443023 teach (Figure 1) teach (Figure 1) a cartridge for use in conjunction with a target analyte permeation testing instrument for measuring transmission rate of a target analyte (methane) through a prefilled package or container 11, wherein the target analyte permeation testing instrument includes a line 4 carrying a target analyte free carrier gas (air/nitrogen) from a source of the carrier gas to a target analyte sensor 10, characterized in that the cartridge comprises:
(a) a vessel 1 defining a void volume and having open axial ends (note door 2 and opposite end with valve 5),
(b) a first end cap capable of repeated sealed engagement over one of the open axial ends of the vessel when in a closed position (door 2 suggests a cap), and unsealed disengagement from over the one open axial end of the vessel for providing access to the void volume of the vessel when in an open position,
(c) a second end cap (note valve 5 and detector 9 connected to opposite end of vessel, and the vertical line separating the hemispherical end to the body 1) in sealed engagement over the other open axial end of the vessel,
(d) an entrance port (valve 4) configured and arranged for connection with the line for providing fluid communication from the source of carrier gas to the void volume of the vessel, and
(e) an exit port lines 70 for connection with the line for providing fluid communication from the void volume of the vessel to the target analyte sensor.
Huang does not specifically identify the two hemispherical ends of the container as being ‘caps’, however based on the specification it appears to imply that the ends are capped in the broadest reasonable interpretation (see annotated figure below).
As to claim 1, either the two hemispherical ends of the vessel 1 are removable caps as indicated by (1) the hemispherical end on the right-hand-side of the vessel 1 being tagged as “a sealing door”, and (2) the hemispherical end on the left hand-side of the vessel 1 having a vertical line (as identified in the drawing below) indicating that the left hand hemispherical portion was separately secured to the vessel 1, suggestive that such is a cap as much as is claimed.
PNG
media_image1.png
266
804
media_image1.png
Greyscale
35 USC 103 Rejection
Claim(s) 7 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al ‘023.
As to claim 7, the paragraph quotes below from the Reference teaches that the gas bottle 11 to be tested is placed into the sealed container 1 to form a space within the vessel around the bottle, closing the (right hand side, hemispherical) door 2 behind, sensing/measuring gas that slowly leaked and collected in the sealed space around the bottle 11, and calculating “gas permeation rate”.
That same quoted paragraph does not state that the space is flushed (before sensing/measuring).
As to claim 7, one of ordinary skill would know that that such container 11 needs to be flushed before sensing/measuring any leakage to be sure that any remnants of earlier testing was no longer in container 1, and as such negatively affect the results of a subsequent test.
“In the invention, the gas bottle 11 to be detected is placed in a sealed environment; the gas bottle 11 is statically placed so that the gas in the gas bottle 11 is slowly leaked and collected in the sealed space; the gas permeated by the gas bottle 11 is very little; the concentration of the permeable gas is detected by the first gas concentration detector 10 with high detection precision; That is, the gas permeability (gas permeation rate = test gas concentration/gas cylinder 11 standing time) can be calculated.”
35 USC 103 Rejection
Claim(s) 4,10 is/are rejected under 35 U.S.C. 103 as obvious over Huang et al ‘023.
At to claim 4, the line below is suggestive of any type of connection, and it’s well known as a matter or construction to provide a tank that employs gaskets to the ends to provides sealing.
PNG
media_image2.png
254
278
media_image2.png
Greyscale
As to claim 10, note comments above relating to claim 7.
Prior Art Cited – Not Applied
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang CN 110658120 teaches a cartridge for use in conjunction with a target analyte permeation testing instrument for measuring transmission rate of a target analyte permeation testing instrument includes a line (6 or 5) carrying a
(a) a vessel 8 defining a void volume and having open axial ends (vessel 8 receives foam that placed into and (ultimately) removed between plates 9,10) ,
(b) a first (top) end cap capable of repeated sealed engagement over one of the open axial ends of the vessel when in a closed position, and unsealed disengagement from over the one open axial end of the vessel for providing access to the void volume of the vessel when in an open position,
(c) a second (lower) end cap in sealed engagement over the other open axial end of the vessel,
(d) an entrance port configured and arranged for connection with the line for providing fluid communication from the source of carrier
(e) an exit port for connection with the line for providing fluid communication from the void volume of the vessel to the
Feng et al CN 111458274 teach (Figure 1) a cartridge for use in conjunction with a target analyte permeation testing instrument for measuring transmission
(a) a vessel 6 defining a void volume and having open axial ends,
(b) a first end cap (note cap above ring 12) capable of repeated sealed engagement over one of the open axial ends of the vessel when in a closed position, and unsealed disengagement from over the one open axial end of the vessel for providing access to the void volume of the vessel when in an open position,
(c) a second end cap (note element below ring by plate 7) in sealed engagement over the other open axial end of the vessel,
(d) an entrance port 5 configured and arranged for connection with the line for providing fluid communication from the source of carrier gas to the void volume of the vessel, and
(e) an exit port 14 for connection with the line for providing fluid communication from the void volume of the vessel to
Piombini et al 20090282900 teach inlet 8 and outlet 14 lines in the end of a cartridge 1 that tests a container 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Mon to Friday from 8am to 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/ROBERT R RAEVIS/ Primary Examiner, Art Unit 2855