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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
Figures 1A-1C should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
The drawings are objected to because of the following:
Figures 3B-7B: Numbers, letters, and reference characters must be at least .32 cm (1/8 inch) in height. See 37 C.F.R. 1.84(p)(3).
The information in the graphs and the flowcharts is too small
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities:
Paragraph [001], line 1: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [001], line 2: The term – characterized -- should replace the British form of the term “characterised.”
Paragraph [001], line 3: The term – functionalized -- should replace the British form of the term “functionalised.”
Paragraph [002], line 1: The term – characterize -- should replace the British form of the term “characterise.”
Paragraph [002], lines 4 and 5: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [003], line 1: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [004], line 3: The term – functionalized -- should replace the British form of the term “functionalised.”
Paragraph [005], line 2: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [005], line 6: The term – characterizes -- should replace the British form of the term “characterises.”
Paragraph [005], line 7: The term – functionalized -- should replace the British form of the term “functionalised.”
Paragraph [006], line 3: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [007], line 1: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [008], line 1: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [008], line 9: The term – functionalized -- should replace the British form of the term “functionalised.”
Paragraph [008], line 10: The term – characterized -- should replace the British form of the term “characterised.”
Paragraph [0010], lines 2 and 6: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0010], line 5: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0011], line 3: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0011], line 9: The term – characterized -- should replace the British form of the term “characterised.”
Paragraph [0013], line 6: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0013], lines 8 and 9: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0014], line 1: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0015], line 2: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0015], lines 5 and 6: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0016], lines 1 and 27: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0016], line 7: A method is being described so the steps of the method should be actions being performed.
Paragraph [0016], lines 25 and 34: The conjunction – and – should be inserted after the semicolon.
Paragraph [0016], line 28: The term – minimizing -- should replace the British form of the term “minimising.”
Paragraph [0016], line 29: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0017], line 1: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0018], line 1: The term – minimization -- should replace the British form of the term “minimisation.”
Paragraph [0018], line 2: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0022], lines 1 and 2: The term – minimizing -- should replace the British form of the term “minimising.”
Paragraph [0022], line 3: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0023], line 1: The term – minimization -- should replace the British form of the term “minimisation.”
Paragraph [0024], line 1: The term – maximization -- should replace the British form of the term “maximisation.”
Paragraph [0025], line 2: The term – normalization -- should replace the British form of the term “normalisation.”
Paragraph [0025], line 3: The term – normalized -- should replace the British form of the term “normalised.”
Paragraph [0026], line 1: The term – normalized -- should replace the British form of the term “normalised.”
Paragraph [0026], line 4: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0028], line 1: The term – normalized -- should replace the British form of the term “normalised.”
Paragraph [0028], line 1: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0032], line 6: The term – functionalized -- should replace the British form of the term “functionalised.”
Paragraph [0032], lines 12, 13, 15, 18, 20-23, and 26: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0032], line 25: The conjunction – and – should be inserted after the semicolon.
Paragraph [0034], lines 1 and 2: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0035], line 1: The term – functionalized -- should replace the British form of the term “functionalised.”
Paragraph [0036], line 6: The term – characterized -- should replace the British form of the term “characterised.”
Paragraph [0038], line 1: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0039], line 1: The term – characterized -- should replace the British form of the term “characterised.”
Paragraph [0040], line 3: The term – characterized -- should replace the British form of the term “characterised.”
Paragraph [0040], lines 9 and 10: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0043], lines 4 and 6: The term – characterized -- should replace the British form of the term “characterised.”
Paragraph [0047], line 2: A – comma – should be inserted after the abbreviation “i.e.”
Paragraph [0048], lines 2 and 6: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0050], line 2: A – comma – should be inserted after the abbreviation “i.e.”
Paragraph [0050], line 3: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0050], line 4: The term – characterized -- should replace the British form of the term “characterised.”
Paragraph [0051], lines 6 and 7: A – comma – should be inserted after the abbreviation “e.g.”
Paragraph [0051], line 14: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0052], lines 3 and 5: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0052], line 6: The term – characterizes -- should replace the British form of the term “characterises.”
Paragraph [0053], lines 2, 4, and 7: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0053], line 2: A – comma – should be inserted after the abbreviation “i.e.”
Paragraph [0054], lines 1, 2, and 7: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0055], lines 3 and 5: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0056], line 2: A – comma – should be inserted after the abbreviation “i.e.”
Paragraph [0056], lines 3 and 13: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0056], line 6: The term – characterize -- should replace the British form of the term “characterise.”
Paragraph [0057], lines 3, 5, and 12: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0058], line 3: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0059], line 5: The term – analyzed -- should replace the British form of the term “analysed.”
Paragraph [0061], line 5: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0062], lines 2, 3, and 7: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0062], line 6: A – comma – should be inserted after the abbreviation “i.e.”
Paragraph [0063], line 7: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0064], lines 1, 4, and 14: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0064], line 10: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0065], line 1: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0065], lines 1 and 4: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0066], line 1: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0066], line 2: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0067], line 3: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0067], line 5: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0076], line 4: A – comma – should be inserted after the abbreviation “i.e.”
Paragraph [0077], line 1: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0077], line 2: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0078], line 2: The term – characterizing -- should replace the British form of the term “characterising.”
Paragraph [0078], lines 3: The term – minimizing -- should replace the British form of the term “minimising.”
Paragraph [0078], line 3: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0078], line 4: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0078], line 9: The conjunction – and – should be inserted after the semicolon.
Paragraph [0079], line 1: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0080], line 1: The term – minimize -- should replace the British form of the term “minimise.”
Paragraph [0080], lines 2 and 7: The term – minimizing -- should replace the British form of the term “minimising.”
Paragraph [0080], line 4: The term – optimized -- should replace the British form of the term “optimised.”
Paragraph [0080], line 8: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0081], line 1: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0081], line 3: The term – optimized -- should replace the British form of the term “optimised.”
Paragraph [0082], line 1: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0083], line 2: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0084], line 5: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0085], lines 1 and 2: The term – normalized -- should replace the British form of the term “normalised.”
Paragraph [0086], line 4: A – comma – should be inserted after the abbreviation “i.e.”
Paragraph [0086], line 8: The term – normalized -- should replace the British form of the term “normalised.”
Paragraph [0087], line 4: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0088], line 1: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0088], line 3: The term – optimizing -- should replace the British form of the term “optimising.”
Paragraph [0090], line 1: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0090], lines 1 and 2: The term – minimizing -- should replace the British form of the term “minimising.”
Paragraph [0090], line 2: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0091], lines 1 and 3: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0092], line 3: The term – normalized -- should replace the British form of the term “normalised.”
Paragraph [0094], line 1: The term – normalized -- should replace the British form of the term “normalised.”
Paragraph [0094], line 3: The term – characterize -- should replace the British form of the term “characterise.”
Paragraph [0094], line 4: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0095], line 1: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [0095], line 3: The term – optimizing -- should replace the British form of the term “optimising.”
Paragraph [0097], line 1: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0097], lines 2 and 3: The term – minimizing -- should replace the British form of the term “minimising.”
Paragraph [0097], line 2: The term – maximizing -- should replace the British form of the term “maximising.”
Paragraph [0098], line 1: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [0098], lines 2 and 4: The term – initialization -- should replace the British form of the term “intialisation.”
Paragraph [0098], line 4: The term – initializations -- should replace the British form of the term “intialisations.”
Paragraph [0099], line 1: The term – initialized -- should replace the British form of the term “intialised.”
Paragraph [00105], line 5: The term – normalized -- should replace the British form of the term “normalised.”
Paragraph [00106], line 3: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [00106], line 6: The term – minimization -- should replace the British form of the term “minimisation.”
Paragraph [00106], line 6: The term – maximization -- should replace the British form of the term “maximisation.”
Paragraph [00107], line 5: The term – characterization -- should replace the British form of the term “characterisation.”
Paragraph [00109], line 4: The term – optimization -- should replace the British form of the term “optimisation.”
Paragraph [00111], line 5: The term – optimization -- should replace the British form of the term “optimisation.”
Appropriate correction is required.
Claim Objections
Claims 1-15 are objected to because of the following informalities:
Re claim 1, claim line 1: The Americanized use of the term – characterizing – should replace the British form of the term “characterising.”
Re claim 1, claim line 7: Since a method is being claimed all steps should begin with an action verb, such as – providing a fluid injection device --.
Re claim 1, claim line 8: The term – injecting – should be inserted prior to the second occurrence of the article “a.”
Re claim 1, claim line 10: The term – injecting – should be inserted prior to the first occurrence of the article “the.”
Re claim 1, claim line 38: The conjunction – and – should be inserted after the comma.
Re claim 2, claim line 1: The term “charterisation” lacks antecedent basis and should be corrected to read – characterization --.
Re claim 2, claim line 2: The term “minimisation” should be corrected to the American form – minimization --.
Re claim 2, claim lines 2-3: The phrase “the objective function” lacks antecedent basis.
Re claim 2, claim line 3: The term “maximization” should be corrected to the American form – maximization --; and the phrase “the objective function” lacks antecedent basis.
Re claim 3, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 4, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 5, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 6, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 6, claim line 3: Both occurrences of the term “minimising” should be corrected to the American form – minimizing --; and the phrase “the objective function” lacks antecedent basis.
Re claim 6, claim line 4: The term “maximising” should be corrected to the American form – maximizing --; and the phrase “the objective function – lacks antecedent basis.
Re claim 7, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 8, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 9, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 9, claim line 3: The term “normalising” should be corrected to the American form – normalizing --.
Re claim 9, claim line 3: The term “normalised” should be corrected to the American form – normalized --.
Re claim 10, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 10, claim line 2: The term “normalised” should be corrected to the American form – normalized --.
Re claim 10, claim line 3: The article – a – should be inserted prior to the term “variance.”
Re claim 10, claim line 4: The phrase “the covariance matrix” lacks antecedent basis.
Re claim 11, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 11, claim line 3: The phrase “the matrix” lacks antecedent basis. This particular matrix has not been previously claimed.
Re claim 11, claim line 4: The phrase “the maximum norm” lacks antecedent basis.
Re claim 12, claim line 1: The term “charterisation” should be corrected to read – characterization --.
Re claim 12, claim line 2: The term “characterising” should be corrected to the American form – characterizing --.
Re claim 13, claim line 1: The term “charterisation” lacks antecedent basis and should be corrected to read – characterization --.
Re claim 14, claim line 1: The term “charterisation” lacks antecedent basis and should be corrected to read – characterization --.
Re claim 15, claim line 1: The term “charterisation” lacks antecedent basis and should be corrected to read – characterization --.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The claim recites a parasitic species as claimed in claim 1; however, the specification appears to only discuss one parasitic species, such as water vapor. The term “parasitic species” would appear to encompass species more than just water vapor, such that the claim is currently readable upon species that Applicant has not contemplated or at least discussed. Thus, it would appear that Applicant is disclosing use of a specific species, while claiming a broad genus; and as such the claims are much broader that the specification will support. In conclusion, the claims appear to contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 1-15 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.
Re claim 1, claim line 8: The claim recites that the carrier gas “may” contain a parasitic species. The term “may” is problematic because it is unclear if the parasitic species is present or when the species is present and when the species is not present. Thus, the use of the term may is indefinite because the metes and bounds of the term are unknown. If the parasitic species is not present, then how is a difference in the parasitic concentration determined if it is not present in either phase of the fluid injection?
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claims 1-15 because the prior art of record fails to teach and/or make obvious the following:
Claims 1-15: Providing a method comprising determining a difference in concentration of the parasitic species P between the first phase Ph1 and the second phase Ph2; o reiterating the preceding steps, by incrementing the rank n until N first signatures representative of interactions of the analyte A and the parasitic species P with the receptors are obtained, with N>1, the gas samples being such that the differences are different in pairs; forming a matrix of first signatures of dimensions NxM, formed from N first signatures determined for the M sensitive sites; and of a relative concentration vector of dimension Nx1, from determined N differences; determining an estimated solution {fPla;aA;kA}; the product of which
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forms a matrix of corrected signatures SUCA characterising the analyte A present in the N gas samples, the estimated solution; minimising the cost function f = Suge -
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- caka, and maximising the cost function g = SuAP -
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; where ca, kA and kPla are variables defined as follows: cais a concentration vector of analyte A, of dimension N, formed from N concentration values cA(n) of the gas samples,- kA is an affinity vector of the analyte A, of dimension M, formed from the M values of an interaction affinity of the analyte A with the receptors of the sensitive sites, kPla is an affinity vector of the parasitic chemical species P, of dimension M,formed from the M values of an interaction affinity of the parasitic chemical species P with the receptors of the sensitive sites in the presence of the analyte A in combination with all of the remaining limitations of the claim.
The closest prior art, WO2020/0141281, disclose a method for characterizing an analyte A present in a gas sample located in contact with a measuring surface of an electronic nose, the measuring surface including M sensitive sites distinct from one another, of rank m ranging from 1 to M, having receptors adapted to interact by adsorption/desorption with the analyte A and with at least one so-called parasitic chemical species P present in the gas sample, including many of the determination steps; however, the prior art fails to teach reiterating the steps of the two phases by varying the difference in the concentration of the parasitic species at every iteration; and proceding from the formation of a matrix of first signatures of dimensions NxM, that is generated from the N first signatures determined for the M sensing sites, and of a relative concentration of dimensions Nx1 from the N determined differences.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art disclose methods for characterizing target species.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S LARKIN/Primary Examiner, Art Unit 2855