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 with traverse of Species 1A and Species 2A in the reply filed on 01/21/2026 is acknowledged. The traversal is on the ground(s) that each species is directed to the same or substantially the similar structural arrangements for the gas trap and for mounting the odor measurement apparatus to different subjects. The Applicant further stated that the species are obvious variants of one another for purposes of election practice only, in view of the present disclosure, and therefore do not cause a serious and/or examination burden. This is not found persuasive because each gas trap species is directed to different structural materials and arrangements and that the mounting of the odor measurement apparatus to different subjects is not considered obvious variants since each mounting subject has also different structural arrangements.
The requirement is still deemed proper and is therefore made FINAL.
The Applicant stated that claims 1-6 and 9-18 corresponding to elected Species 1A and 2A. However, claims 9-10 have dependency on claim 8, where claim 8 is directed to the non-elected embodiment of a gas trap having an electrostatic filter (Species 1C – Figure 5). Therefore, claims 9-10 will not be examined.
Claims 7-10 and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 01/21/2026.
Claims 1-6 and 11-18 remain pending in the application for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 12/19/2023 and 07/11/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 17 is objected to because of the following informalities:
Claim 17 states “wherein the bypass pipe connects a connection pipe connected to the outlet of the prechamber to a discharge pipe of the odor sensor chamber”. This should be written as “wherein the bypass pipe connects a connection pipe connected to the outlet of the prechamber and to a discharge pipe of the odor sensor chamber”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 14-15 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.
Claim 3 states “at least three inlets formed therein and configured to allow the odorous gas having a low concentration below a certain level to be smoothly introduced into the prechamber”. The term “smoothly” is a relative term which renders the claim indefinite. The term “smoothly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear to one of ordinary skill in the art what is to be considered a “smoothly introduced” odorous gas. Would having the structure of three inlets automatically produce a “smooth” introduction of the odorous gas? For examination purposes and as best understood, the Examiner will interpret the limitation in question as “at least three inlets formed therein and configured to allow the odorous gas having a low concentration below a certain level to be introduced into the prechamber”.
Claim 14 has dependency on claim 11 and claims a second cooler. However, claim 11 does not recite a first cooler; in fact, dependent claim 12 does. It is unclear whether the dependency of claim 14 is proper. For examination purposes and as best understood, the Examiner will interpret the dependency of claim 14 to be on claim 12 rather than on claim 11 for consistency purposes.
Claim 15 has dependency on claim 11 and claims a second heater. However, claim 11 does not recite a first heater; in fact, dependent claim 13 does. It is unclear whether the dependency of claim 15 is proper. For examination purposes and as best understood, the Examiner will interpret the dependency of claim 15 to be on claim 13 rather than on claim 11 for consistency purposes.
Claim Rejections - 35 USC § 102
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 11, 13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bonne et al. (US 2008/0163674; hereinafter “Bonne”; cited in the IDS filed on 07/11/2024).
Regarding claim 11, Bonne teaches an odor measurement method ([0022-0032]), comprising:
allowing an odorous gas (30; Figure 1) having a low concentration below a certain level to flow through a flow pipe (pipe that accommodates element 14; Figure 1) connecting an inlet (inlet of prechamber 11; See Figure 1) of a prechamber (11) to an outlet of the prechamber (outlet of prechamber 11; Figure 1);
collecting ([0023, 0026, 0028]), by a gas trap (14; Figure 1; [0026, 0028, 0030]) mounted on the flow pipe (See Figure 1), odorous gas particles for a predetermined time ([0023, 0026, 0028]);
desorbing the odorous gas particles ([0032]) collected in the gas trap after a predetermined time ([0032]);
supplying the odorous gas particles (30) desorbed from the gas trap (14) into an odor sensor chamber (10) having an odor sensor (19) installed therein ([0031-0032]); and
sensing, by the odor sensor (19), the odorous gas introduced into the odor sensor chamber ([0028 and 0030-0032]).
Regarding claim 13, Bonne teaches driving a first heater (13; Figure 1) under control of a controller (the heater 13 is connected to electronics 36 and the heater 13 is controlled to by energized and turned off; therefore, electronics 36 must control the activation and deactivation of heater 13; [0031-0032]) so as to allow the odorous gas particles to be desorbed from the gas trap (14; [0028 and 0030-0032]) through heating of the gas trap ([0028 and 0030-0032]) when desorbing the odorous gas particles collected in the gas trap after the predetermined time ([0028 and 0030-0032]).
Regarding claim 16, wherein collecting, by the gas trap (14) mounted on the flow pipe (See Figure 1), the odorous gas particles (30) for the predetermined time is repeatedly performed when a concentration of the odorous gas sensed by the odor sensor is below a certain level (the collection of the particles in the gas trap 14 is repeated throughout time due to small concentration, as demonstrated in Figure 2; [0031-0032]).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Bonne et al. (US 2008/0163674; hereinafter “Bonne”) in view of Lee et al. (US 2020/0333310; hereinafter “Lee”).
Regarding claim 1, Bonne teaches an odor measurement apparatus (20; Figure 1), comprising:
a prechamber (11; Figure 1; [0022-0023]) comprising:
an inlet (inlet of prechamber 11; See Figure 1) disposed at a first side of the prechamber (left side of prechamber 11) and configured to allow an odorous gas (30) to be introduced into the prechamber (See Figure 1; [0022 and 0027-0028]); and
an outlet (outlet of prechamber 11; Figure 1) disposed at a second side of the prechamber (right side of prechamber 11) and configured to allow the odorous gas (30) to be discharged from the prechamber (See Figure 1; [0022 and 0027-0028]);
a flow pipe (pipe that accommodates element 14; Figure 1) configured to connect the inlet to the outlet (See Figure 1);
a gas trap (14; Figure 1; [0026, 0028, 0030]) mounted on the flow pipe (See Figure 1) and configured to collect odorous gas particles ([0023, 0026, 0028]);
a first heater (13; Figure 1; [0028, 0031]) mounted on the prechamber (11) and configured to heat the gas trap ([0032]);
an odor sensor chamber (10; Figure 1) connected to the outlet of the prechamber through a connection pipe (the chamber 10 is connected to chamber 11 through a connection pipe; See Figure 1);
an odor sensor (19; Figure 1; [0028]) mounted in the odor sensor chamber (10; See Figure 1) and configured to sense the odorous gas desorbed from the gas trap ([0022, 0028-0029]); and
a controller configured to perform operating control of the first heater (the heater 13 is connected to electronics 36 and the heater 13 is controlled to by energized and turned off; therefore, electronics 36 must control the activation and deactivation of heater 13; [0031-0032]).
Bonne teaches the controller and the prechamber but does not expressly teach
a first cooler mounted on the prechamber and configured to cool the gas trap and the controller configured to perform operating control the first cooler.
However, Lee teaches that is known in the art to have a cooler (24c; Figure 2) mounted on the prechamber (chamber where elements 24a-24c are located/placed; See Figure 2) and the controller ([0062]) configured to perform operating control of the cooler (24c; [0062]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Lee’s cooler implemented in Bonne’s prechamber in order to cool the absorbent (See Lee [0050, 0062, 0072]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bonne and Lee in further view of Liu et al. (CN 114878259; hereinafter “Liu”; English translation provided by the Examiner).
Regarding claim 3, the combination of Bonne and Lee teaches the prechamber but does not expressly teach wherein the prechamber further comprises at least three inlets formed therein and configured to allow the odorous gas having a low concentration below a certain level to be smoothly introduced into the prechamber.
However, Liu teaches that is known for gas sampling devices (Figure 1) to have a chamber (where the 3 inlets are placed; See Figure 1) to have at least three inlets (1-3; Figure 1) formed therein and configured to allow the odorous gas to be introduced into the prechamber (gas is permitted to enter the chamber through the 3 inlets 1-3; See Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Liu’s three inlets implemented on Bonne and Lee’s prechamber in order to control the amount of gas odor being introduced into the prechamber.
Note: by implementing the three inlets of Liu into Bonne’s prechamber, the resulting structural configuration will permit a gas having a low concentration below a certain level to be smoothly introduced into the prechamber; thus, meeting the claim limitation of claim 3.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bonne and Lee in further view of Bonne (US 2005/0142662; hereinafter “Bonne 2”).
Regarding claim 4, Bonne teaches a discharge pipe (pipe connected to the outlet/discharge of the odor sensor chamber 10; Figure 1) of the odor sensor chamber (10) is connected to a suction pump (12; [0022, 0031]; Figure 1).
The combination of Bonne and Lee teaches the suction pump but does not expressly teach the suction pump driven under control of the controller.
However, Bonne 2 teaches that is known in the art to have a suction pump (53; Figure 2) driven under control of a controller (130; Figure 1; [0052-0053]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention top have Bonne 2’s controlling of the suction pump implemented on Bonne and Lee’s suction pump and associated controller in order to operate the pump an in a manner that reduces power consumption of the suction pump while still being able to sample gas, thus increasing overall efficiency of the system/apparatus (See Bonne 2 [0052-0053]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bonne and Lee in further view of Britt et al. (US 2019/0072523; hereinafter “Britt”).
Regarding claim 5, Bonne and Lee and teaches the odor sensor chamber but does not expressly teach a second heater and a second cooler mounted on the odor sensor chamber, and wherein the second heater is configured to heat the odor sensor under control of the controller, and the second cooler is configured to cool the odor sensor under the control of the controller.
However, Britt teaches a second heater and a second cooler ([0029-0030]) mounted on the odor sensor (10 and 12; Figure 1), and wherein the second heater ([0029-0030]) is configured to heat the odor sensor under control of the controller (18 and 20; Figure 1; [0029-0030]), and the second cooler ([0029-0030]) is configured to cool the odor sensor under the control of the controller (18 and 20; Figure 1; [0029-0030]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Britt’s second heat and second cooler along with the associated function implemented to Bonne and Lee’s odor sensor in order to control the temperature of the odor sensor to a desired operating temperature in order to reach a transition temperature of the sensor (See Britt [0029-0030]).
Note: By implementing Britt’s second heater and a second cooler to the gas sensor of Bonne, the resulting structural configuration will have the second heater and the second cooler mounted on the odor sensor chamber.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bonne and Lee in further view of Finlay et al. (US 2009/0090197; hereinafter “Finlay”).
Regarding claim 6, the combination of Bonne and Lee teaches the gas trap but does not expressly teach the gas trap comprises a case and a porous body, and wherein the case is open at opposite sides of the case, and the porous body is installed in the case so as to adsorb the odorous gas particles.
However, Finaly teaches the gas trap (1005a; Figures 10a-10b) comprises a case (Figure 10A) and a porous body ([0005, 0070]), and wherein the case is open at opposite sides of the case (See Figures 10a-10b), and the porous body ([0005, 0070]) is installed in the case so as to adsorb the odorous gas particles ([0005, 0070]; Figures 10a-10b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Finaly’s case and porous body implemented as Bonne and Lee’s gas trap in order to protect the porous material from external forces that might damage said porous material.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bonne in view of Lee.
Regarding claim 12, Bonne teaches allowing the odorous gas particles (30) to be adsorbed on the gas trap (14; [0026]) through cooling of the gas trap (adsorption of the gas particles 30 on the gas trap 30 is done at a temperature lower than the temperature of the desorption of the gas trap 14, i.e. adsorption through cooling; [0024, 0026]) when collecting the odorous gas particles for the predetermined time ([0024, 0026]).
Bonne teaches cooling of the gas trap but does not teach driving a first cooler under control of a controller.
However, Lee teaches that is known in the art to drive a first cooler (24c; Figure 2) under control of a controller ([0062]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Lee’s cooler and associated controller implemented in Bonne’s system in order to cool the absorbent in an automated manner which does not involve human interaction (See Lee [0050, 0062, 0072]).
Claims 14 and 15 rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bonne and Lee in further view of Britt.
Regarding claim 14, the combination of Bonne and Lee teaches the odor sensor within the odor sensor chamber and the odorous gas introduced into the odor sensor chamber but does not expressly teach driving, under control of a controller, a second cooler mounted on the odor sensor chamber so as to allow the odorous gas particles to be adsorbed on a surface of the odor sensor through cooling of the odor sensor when sensing the odorous gas.
However, Britt teaches driving, under control of a controller (18 and 20; Figure 1; [0029-0030]), a second cooler ([0029-0030]) mounted on the odor sensor (10 and 12; Figure 1) so as to allow the odorous gas particles to be adsorbed on a surface of the odor sensor through cooling of the odor sensor when sensing the odorous gas (lowering the temperature of the sensing material of the sensor will permit more analytes to adsorb to said sensing film; [0006]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Britt’s second along with the associated controller implemented to Bonne and Lee’s odor sensor in order to control the temperature of the odor sensor to a desired operating temperature in order to reach a transition temperature of the sensor (See Britt [0029-0030]).
Note: By implementing Britt’s second cooler to the gas sensor of Bonne, the resulting structural configuration will have the second cooler mounted on the odor sensor chamber.
Regarding claim 15, the combination of Bonne and Lee teaches the odor sensor within the odor sensor chamber and the odorous gas introduced into the odor sensor chamber but does not expressly teach driving, under control of a controller, a second heater mounted on the odor sensor chamber so as to allow the odorous gas particles to be desorbed from a surface of the odor sensor through heating of the odor sensor after sensing the odorous gas.
However, Britt teaches driving, under control of a controller (18 and 20; Figure 1; [0029-0030]), a second heater ([0029-0030]) mounted on the odor sensor (10 and 12; Figure 1) so as to allow the odorous gas particles to be desorbed from a surface of the odor sensor through heating of the odor sensor after sensing the odorous gas (increasing the temperature of the sensing material of the sensor will permit more analytes to desorb from said sensing film; [0006]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Britt’s second heater along with the associated controller implemented to Bonne and Lee’s odor sensor in order to control the temperature of the odor sensor to a desired operating temperature in order to reach a transition temperature of the sensor (See Britt [0029-0030]).
Note: By implementing Britt’s second heater to the gas sensor of Bonne, the resulting structural configuration will have the second heater mounted on the odor sensor chamber.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bonne in view of Lee in further view of Zhang et al. (US 2023/0236093; hereinafter “Zhang”).
Regarding claim 18, Bonne teaches an odor measurement apparatus (20; Figure 1), comprising:
a prechamber (11; Figure 1; [0022-0023]) comprising:
an inlet (inlet of prechamber 11; See Figure 1) disposed at a first side of the prechamber (left side of prechamber 11) and configured to allow an odorous gas (30) to be introduced into the prechamber (See Figure 1; [0022 and 0027-0028]); and
an outlet (outlet of prechamber 11; Figure 1) disposed at a second side of the prechamber (right side of prechamber 11) and configured to allow the odorous gas (30) to be discharged from the prechamber (See Figure 1; [0022 and 0027-0028]);
a flow pipe (pipe that accommodates element 14; Figure 1) configured to connect the inlet to the outlet (See Figure 1);
a gas trap (14; Figure 1; [0026, 0028, 0030]) mounted on the flow pipe (See Figure 1) and configured to collect odorous gas particles ([0023, 0026, 0028]);
a first heater (13; Figure 1; [0028, 0031]) mounted on the prechamber (11) and configured to heat the gas trap ([0032]);
an odor sensor chamber (10; Figure 1) connected to the outlet of the prechamber through a connection pipe (the chamber 10 is connected to chamber 11 through a connection pipe; See Figure 1);
an odor sensor (19; Figure 1; [0028]) mounted in the odor sensor chamber (10; See Figure 1) and configured to sense the odorous gas desorbed from the gas trap ([0022, 0028-0029]); and
a controller configured to perform operating control of the first heater (the heater 13 is connected to electronics 36 and the heater 13 is controlled to by energized and turned off; therefore, electronics 36 must control the activation and deactivation of heater 13; [0031-0032]).
Bonne teaches the odor measurement apparatus having the controller and the prechamber but does not expressly teach
a first cooler mounted on the prechamber and configured to cool the gas trap and the controller configured to perform operating control the first cooler and a vehicle comprising an odor measurement apparatus.
However, Lee teaches that is known in the art to have a cooler (24c; Figure 2) mounted on the prechamber (chamber where elements 24a-24c are located/placed; See Figure 2) and the controller ([0062]) configured to perform operating control of the cooler (24c; [0062]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Lee’s cooler implemented in Bonne’s prechamber in order to cool the absorbent (See Lee [0050, 0062, 0072]).
The combination of Bonne and Lee teach the odor measurement apparatus but does not expressly teach a vehicle comprising an odor measurement apparatus.
However, Zhang teaches that is known in the art to have a vehicle (2; Figure 1; [0061-0065, 0132]) comprising an odor measurement apparatus (11; Figure 1; [0061-0065, 0132]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Bonne and Lee’s odor measurement device implemented on a vehicle, as taught by Zhang, in order to obtain an odor measurement system that is transportable and permits odor measurement at different inspecting sites (See Zhang [0133-0134]).
Allowable Subject Matter
Claims 2 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In claim 2, the specific limitations of "a bypass pipe comprising: a first end connected to the connection pipe; and a second end connected to a discharge pipe of the odor sensor chamber; a first three-way valve mounted at a connection point between the connection pipe and the first end of the bypass pipe and controlled by the controller; and a second three-way valve mounted at a connection point between the discharge pipe and the second end of the bypass pipe and controlled by the controller" in combination with the remaining limitations as claimed are neither anticipated nor made obvious over the prior art made of record.
In claim 17, the specific limitations of "bypassing the odorous gas through a bypass pipe when the concentration of the odorous gas sensed by the odor sensor is below the certain level, and wherein the bypass pipe connects a connection pipe connected to the outlet of the prechamber and to a discharge pipe of the odor sensor chamber" in combination with the remaining limitations as claimed are neither anticipated nor made obvious over the prior art made of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY W MEGNA FUENTES whose telephone number is (571)272-6456. The examiner can normally be reached M-F: 8AM-4PM.
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/ANTHONY W MEGNA FUENTES/Examiner, Art Unit 2855
/LAURA MARTIN/SPE, Art Unit 2855