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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 19, 2026 has been entered.
Status of the Claims
Claims 1-2 have been amended; and claims 3, 6 and 9-10 have been cancelled. Claims 1-2, 4-5, 7-8, and 11-13 are currently pending and examined herein.
Status of the Rejection
Applicant’s amendment overcomes the specification, claim, and double patenting objections from the previous final office action mailed on 11/20/2025.
All 35 U.S.C. § 103 rejections from the previous office action are withdrawn in view of the Applicant’s amendment.
New grounds of rejection under 35 U.S.C. § 103 are necessitated by the amendment as outlined below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Blok (US20040202856A1), and in view of Ebata et al. (WO2014185452A1, English translation) and Zhao et al. (CN112300578A, English translation).
Regarding claim 1, Blok teaches a sensitive membrane (a sensor film 22 comprises a polymer 60 with conductive particles 62 dispersed throughout [para. 0026, 0029; Fig.5 ]) comprising:
a membrane body containing a sensitive material (a conductive polymeric matrix 66 containing the polymer 60 [para. 0026]; the polymer 60 can be any polymer that readily absorbs a target analyte or chemical compound, through a gas-solid interface occurring between a surface of the sensor film 22 and the surrounding gas in the external environment 17 at a rate that is relatively proportional to the concentration of the analyte in the surrounding gas [para. 0028]); and
a carbon black contained in the membrane body (use of conductive carbon black particles 62 significantly enhances the sensitivity of the sensor film 22 [para. 0044]),
wherein the carbon black has a dibutyl phthalate absorption number less than 100 cm3/100 g (Example A is a conductive carbon black particle in a sensor film having a DBP value of 85 ml/100 g. Example B also has large conductive carbon black particles having a DBP of 30 ml/100g. Examples A and B demonstrate increased resistance for shorter time durations when compared with Control 1, 2, and 3. The more rapid change in resistance of Examples A and B indicates increased sensitivity to the presence of analytes in the surrounding environment [para. 0044; Table 2]).
Blok is silent to: (1) wherein the carbon black has a volatile content equal to or greater than 0.3 wt % and less than 2.5 wt %; and (2) functional groups are disposed on the surface of the carbon black, the functional groups including at least one selected from the group consisting of a carboxyl group, a hydroxyl group, and a quinone group.
Blok further teaches conductive particles 62 are distributed throughout the sensor film 22 to enhance the electrical conductivity [para. 0029]. It has been demonstrated that use of conductive carbon black particles 62, according to the present invention, in chemiresistor sensor films 22, significantly enhances the sensitivity of the sensor film 22 to chemical analytes over the prior art use of conductive particles [para. 0044].
Ebata teaches the volatile content of the carbon black is preferably 0.8% by mass or less, and more preferably 0.5% by mass or less. If the volatile content of carbon black is less than or equal to the above upper limit value, good electrical conductivity can be easily obtained at the time of addition. Moreover, it is easy to obtain a good conductive resin composition and a good conductive electrode mixture (the first paragraph on page 5).
Given the teachings of Blok regarding the conductive carbon black particles to enhance the electrical conductivity of the sensor film, and the teachings of Ebata regarding carbon black having a volatile content of 0.8 wt % or less (note that mass% is equivalent to wt%) provides good electrical conductivity, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the carbon black in Blok to carbon black having a volatile content of about 0.8 wt% or less, as taught by Ebata, since it would provide a good electrical conductivity (the first paragraph on page 5 in Ebata), and accordingly enhance the electrical conductivity of the sensor film [para. 0029 in Blok]. The disclosed volatile content range overlaps with the claimed volatile content range of equal to or greater than 0.3 wt % and less than 2.5 wt %.
Furthermore, it would have been obvious to have selected and utilized carbon black having a volatile content within the disclosed range, as taught by Ebata, including those amounts that overlap within the claimed range, since one of ordinary skill in the art would reasonably expect any value within the taught range to be suitable given that Ebata specifically teaches the volatile content range of the carbon black to be suitable for the carbon black to provide good electrical conductivity. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Modified Blok is silent to: (2) functional groups are disposed on the surface of the carbon black, the functional groups including at least one selected from the group consisting of a carboxyl group, a hydroxyl group, and a quinone group.
Zhao teaches a conductive polymer-based gas sensitive composite material having the advantages of environmental resistance and good interference of external force action (abstract), and the gas sensitive composite material has sensitive response to volatile matters of n-hexane, benzene solvents, gasoline, ethyl acetate and other organic solvents [para. 0076]. The gas sensitive composite material comprising carbon black conductive particles [para. 0010, 0085 ], wherein functional groups are disposed on the surface of the carbon black, the functional groups including at least one selected from the group consisting of a carboxyl group and a hydroxyl group (nano carbon black with hydroxyl and carboxyl functional groups [para. 0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the carbon black conductive particle in modified Blok with carbon black with hydroxyl and carboxyl functional groups, as taught by Zhao, since it would improve the reliability of gas sensors under complex environments and external force interference [para. 0007 in Zhao]. Furthermore, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art [MPEP § 2144.07].
Regarding claim 4, modified Blok teaches the sensitive membrane of claim 1, and Blok further teaches wherein the membrane body is expandable when adsorbing an analyte (Upon exposure of the matrix 66 to target analytes, the matrix 66 volume increases by swelling [para. 0027]).
Regarding claim 5, modified Blok teaches a gas sensor (a polymer-absorption chemiresistor sensor probe 12 in Fig.5 [para. 0029 in Blok]; in the exemplary sensor probe 12 depicted, the change in the volume of the sensor film 22 is correlated to the concentration of the analyte present in the gas; of particular interest are sensor films 22 that detect vaporous hydrocarbon compounds, such a volatile organic compounds [para. 0028 in Blok]) comprising:
the sensitive membrane of claim 1 (sensor film 22 in Fig.5 of Blok is modified by Ebata and Zhao as outlined in the rejection of claim 1 above); and
an electrode electrically connected to the sensitive membrane (a positive lead 70 and a negative lead 72 electrically connected to the sensitive membrane, as shown in Fig.5 [para. 0029 in Blok]).
Regarding claim 11, modified Blok teaches a gas sensor (a polymer-absorption chemiresistor sensor probe 12 in Fig.5 [para. 0029 in Blok]; in the exemplary sensor probe 12 depicted, the change in the volume of the sensor film 22 is correlated to the concentration of the analyte present in the gas; of particular interest are sensor films 22 that detect vaporous hydrocarbon compounds, such a volatile organic compounds [para. 0028 in Blok]) comprising:
the sensitive membrane of claim 4 (sensor film 22 in Fig.5 of Blok modified by Ebata and Zhao as outlined in the rejection of claim 4 above); and
an electrode electrically connected to the sensitive membrane (a positive lead 70 and a negative lead 72 electrically connected to the sensitive membrane, as shown in Fig.5 [para. 0029 in Blok]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Blok, Ebata and Zhao, as applied to claim 1 above, and further in view of Wyszynski et al. (Array of chemosensitive resistors with composites of gas chromatography (GC) materials and carbon black for detection and recognition of VOCs: an optimization study, All Sensors 2018, the 3rd Int. Conf. on Advances in Sensors, Actuators, Metering and Sensing, 28-32).
Regarding claim 12, modified Blok teaches the sensitive membrane of claim 1, and is silent to wherein the sensitive material includes bis cyanopropyl-cyanopropylphenyl polysiloxane.
Blok further teaches wherein the sensitive material for detecting VOCs include siloxane polymers, which are known as “silicone” polymers [para. 0028, 0030].
Wyszynski teaches chemosensitive resistors with composites of GC materials and carbon black for detection and recognition of VOCs (title and abstract and section II), wherein the sensing element is a composite film of blends of carbon black and GC material. Table 1 lists 16 GC materials used for the 16-channel chemosensitive resistor device for detection and recognition of VOCs. The 16 GC materials include silicone such as SP-2330. Thus, Wyszynski teaches SP-2330 as the sensitive material.
Modified Blok and Wyszynski are considered analogous art to the claimed invention because they are in the same field of a chemosensitive sensor for detecting VOCs using carbon black conductive particles mixed with a sensitive material of silicone. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the sensitive material of silicone in modified Blok with SP-2330, as taught by Wyszynski, since Wyszynski teaches SP-2330 as a suitable sensitive material for detection and recognition of VOCs (Table 1 and Fig.4). The simple substitution of one known element (i.e., silicone of SP-2330) for another silicone as the sensitive material of chemosensitive resistor device is likely to be obvious when predictable results are achieved (i.e., detection of the analyte). See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) [see MPEP § 2143(I)(B)]. Furthermore, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art [MPEP § 2144.07].
SP-2330 is bis cyanopropyl-cyanopropylphenyl polysiloxane, as evidenced by [para. 0039] in PGPub of the instant specification: “bis cyanopropyl-cyanopropylphenyl polysiloxane [product name SP-2330 manufactured by Sigma-Aldrich]”.
Claims 2 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Blok, and further in view of Harada et al. (JP2004211012A, English translation), Ebata et al. (WO2014185452A1, English translation), and Zhao.
Regarding claim 2, Blok teaches a sensitive membrane (a sensor film 22 comprises a polymer 60 with conductive particles 62 dispersed throughout [para. 0026, 0029; Fig.5 ]) comprising:
a membrane body containing a sensitive material (a conductive polymeric matrix 66 containing the polymer 60 [para. 0026]; the polymer 60 can be any polymer that readily absorbs a target analyte or chemical compound, through a gas-solid interface occurring between a surface of the sensor film 22 and the surrounding gas in the external environment 17 at a rate that is relatively proportional to the concentration of the analyte in the surrounding gas [para. 0028]); and
a carbon black contained in the membrane body (use of conductive carbon black particles 62 significantly enhances the sensitivity of the sensor film 22 [para. 0044]).
Blok is silent to: (1) the carbon black has a Dst/D0 ratio less than 4, where Dst is a Stokes mode diameter of an aggregate as measured by centrifugal sedimentation analysis and D0 is a mean primary particle size; (2) the carbon black has a volatile content equal to or greater than 0.3 wt % and less than 2.5 wt %; and (3) functional groups are disposed on the surface of the carbon black, the functional groups including at least one selected from the group consisting of a carboxyl group, a hydroxyl group, and a quinone group.
Blok further teaches preferably, the conductive particles 62 are homogeneously distributed throughout the polymer matrix base 60, to enhance the uniformity of resistance measurements [para. 0040]. Most preferably, the conductive particles will comprise carbon black [para. 0043].
Harada teaches carbon microspheres having extremely little mutual agglomeration and have a substantially uniform spherical shape (the first paragraph in Technical Field on page 1). The carbon microspheres of the present invention have an arithmetic mean particle diameter dn of 20 to 150 nm. That is, the particle size corresponds approximately to the average particle size of carbon black ranging from channel black class carbon black to fine thermal black class carbon black. The carbon microspheres of the present invention are further characterized in that they have a particle property in which the ratio Dst/dn is 1.2 or less, wherein the Stokes mode diameter Dst is a parameter that indicates the size of an aggregated structure formed by agglomerating carbon particles, and a larger value of this parameter means that the number of aggregated carbon particles increases. Therefore, the ratio of Dst/dn indicates the size of an aggregated carbon particle relative to a single carbon particle, that is, the size of the aggregate. If there is no aggregation of carbon particles and only single particles, Dst=dn, and therefore the ratio Dst/dn=1. As the number of aggregated carbon particles increases, the value of Dst/dn increases. The Stokes mode diameter Dst is measured by centrifugal sedimentation analysis (the first paragraph in Detailed description of the Preferred embodiments on pages 3-4). Thus, Harada teaches carbon black (the particle size corresponds approximately to the average particle size of carbon black ranging from channel black class carbon black to fine thermal black class carbon black) has a Dst/D0 ratio less than 1.2 (Dst/dn is 1.2 or less), where Dst is a Stokes mode diameter of an aggregate as measured by centrifugal sedimentation analysis and D0 (dn) is a mean primary particle size, which has extremely little mutual agglomeration.
Given the teachings of Blok regarding the conductive carbon black particles are homogeneously distributed throughout the polymer matrix to enhance the uniformity of resistance measurements [para. 0040, 0043], and the teachings of Harada regarding carbon blacks with a Dst/D0 ratio of 1.2 or less have extremely little mutual agglomeration, wherein Dst is a Stokes mode diameter of an aggregate as measured by centrifugal sedimentation analysis and D0 is a mean primary particle size, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the carbon blacks in Blok to carbon black conductive particles having a Dst/D0 ratio less than 1.2, where Dst is a Stokes mode diameter of an aggregate as measured by centrifugal sedimentation analysis and D0 is a mean primary particle size, as taught by Harada and motivated by Blok, since the modified carbon blacks would have extremely little mutual agglomeration (the first paragraph in Technical Field on page 1 of Harada), and accordingly would be homogeneously distributed throughout the polymer matrix to enhance the uniformity of resistance measurement [para. 0040 in Blok].
Modified Blok is silent to: (2) wherein the carbon black has a volatile content equal to or greater than 0.3 wt % and less than 2.5 wt %; and (3) functional groups are disposed on the surface of the carbon black, the functional groups including at least one selected from the group consisting of a carboxyl group, a hydroxyl group, and a quinone group.
Blok further teaches conductive particles 62 are distributed throughout the sensor film 22 to enhance the electrical conductivity [para. 0029]. It has been demonstrated that use of conductive carbon black particles 62, according to the present invention, in chemiresistor sensor films 22, significantly enhances the sensitivity of the sensor film 22 to chemical analytes over the prior art use of conductive particles [para. 0044].
Ebata teaches the volatile content of the carbon black is preferably 0.8% by mass or less, and more preferably 0.5% by mass or less. If the volatile content of carbon black is less than or equal to the above upper limit value, good electrical conductivity can be easily obtained at the time of addition. Moreover, it is easy to obtain a good conductive resin composition and a good conductive electrode mixture (the first paragraph on page 5).
Given the teachings of Blok regarding the conductive carbon black particles to enhance the electrical conductivity of the sensor film, and the teachings of Ebata regarding carbon black having a volatile content of 0.8 wt % or less (note that mass% is equivalent to wt%) provides good electrical conductivity, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the carbon black in modified Blok to carbon black having a volatile content of about 0.8 wt% or less, as taught by Ebata, since it would provide a good electrical conductivity (the first paragraph on page 5 in Ebata), and accordingly enhance the electrical conductivity of the sensor film [para. 0029 in Blok]. The disclosed volatile content range overlaps with the claimed range of equal to or greater than 0.3 wt % and less than 2.5 wt %.
Furthermore, it would have been obvious to have selected and utilized carbon black having a volatile content within the disclosed range, as taught by Ebata, including those amounts that overlap within the claimed range, since one of ordinary skill in the art would reasonably expect any value within the taught range to be suitable given that Ebata specifically teaches the volatile content range of the carbon black to be suitable for the carbon black to provide good electrical conductivity. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Modified Blok is silent to: (3) functional groups are disposed on the surface of the carbon black, the functional groups including at least one selected from the group consisting of a carboxyl group, a hydroxyl group, and a quinone group.
Zhao teaches a conductive polymer-based gas sensitive composite material having the advantages of environmental resistance and good interference of external force action (abstract), and the gas sensitive composite material has sensitive response to volatile matters of n-hexane, benzene solvents, gasoline, ethyl acetate and other organic solvents [para. 0076]. The gas sensitive composite material comprising carbon black conductive particles [para. 0010, 0085 ], wherein functional groups are disposed on the surface of the carbon black, the functional groups including at least one selected from the group consisting of a carboxyl group and a hydroxyl group (nano carbon black with hydroxyl and carboxyl functional groups [para. 0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the carbon black conductive particle in modified Blok with carbon black with hydroxyl and carboxyl functional groups, as taught by Zhao, since it would improve the reliability of gas sensors under complex environments and external force interference [para. 0007 in Zhao]. Furthermore, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art [MPEP § 2144.07].
Regarding claim 7, modified Blok teaches the sensitive membrane of claim 2, and Blok further teaches wherein the membrane body is expandable when adsorbing an analyte (Upon exposure of the matrix 66 to target analytes, the matrix 66 volume increases by swelling [para. 0027 in Blok]).
Regarding claim 8, modified Blok teaches a gas sensor (a polymer-absorption chemiresistor sensor probe 12 in Fig.5 [para. 0029 in Blok]; in the exemplary sensor probe 12 depicted, the change in the volume of the sensor film 22 is correlated to the concentration of the analyte present in the gas; of particular interest are sensor films 22 that detect vaporous hydrocarbon compounds, such a volatile organic compounds [para. 0028 in Blok]) comprising:
the sensitive membrane of claim 2 (sensor film 22 in Fig.5 of Blok, which is modified by Harada, Ebata and Zhao as outlined in the rejection of claim 2 above); and
an electrode electrically connected to the sensitive membrane (a positive lead 70 and a negative lead 72 electrically connected to the sensitive membrane, as shown in Fig.5 [para. 0029 in Blok]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Blok, Harada, Ebata and Zhao, as applied to claim 2 above, and further in view of Wyszynski et al. (Array of chemosensitive resistors with composites of gas chromatography (GC) materials and carbon black for detection and recognition of VOCs: an optimization study, All Sensors 2018, the 3rd Int. Conf. on Advances in Sensors, Actuators, Metering and Sensing, 28-32).
Regarding claim 13, modified Blok teaches the sensitive membrane of claim 2, and is silent to wherein the sensitive material includes bis cyanopropyl-cyanopropylphenyl polysiloxane.
Blok further teaches wherein the sensitive material for detecting VOCs include siloxane polymers, which are known as “silicone” polymers [para. 0028, 0030].
Wyszynski teaches chemosensitive resistors with composites of GC materials and carbon black for detection and recognition of VOCs (title and abstract and section II), wherein the sensing element is a composite film of blends of carbon black and GC material. Table 1 lists 16 GC materials used for the 16-channel chemosensitive resistor device for detection and recognition of VOCs. The 16 GC materials include silicone such as SP-2330. Thus, Wyszynski teaches SP-2330 as the sensitive material.
Modified Blok and Wyszynski are considered analogous art to the claimed invention because they are in the same field of a chemosensitive sensor for detecting VOCs using carbon black conductive particles mixed with a sensitive material of silicone. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the sensitive material of silicone in modified Blok with SP-2330, as taught by Wyszynski, since Wyszynski teaches SP-2330 as a suitable sensitive material for detection and recognition of VOCs (Table 1 and Fig.4). The simple substitution of one known element (i.e., silicone of SP-2330) for another silicone as the sensitive material of chemosensitive resistor device is likely to be obvious when predictable results are achieved (i.e., detection of the analyte). See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) [see MPEP § 2143(I)(B)]. Furthermore, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art [MPEP § 2144.07].
SP-2330 is bis cyanopropyl-cyanopropylphenyl polysiloxane, as evidenced by [para. 0039] in PGPub of the instant specification: “bis cyanopropyl-cyanopropylphenyl polysiloxane [product name SP-2330 manufactured by Sigma-Aldrich]”.
Response to Arguments
Applicant's arguments, see Remarks Pgs. 4-6, filed 3/19/2026, with respect to the 35 U.S.C. § 103 rejections have been fully considered, and all rejections from the previous office action are withdrawn in response to the amendment to claims.
Applicant’s Argument #1:
Applicant argues on pages 4-5 that the independent claims 1-2 have been amended to recite “functional groups are disposed on the surface of the carbon black, the functional groups including at least one selected from the group consisting of a carboxyl group, a hydroxyl group, and a quinone group”, and none of the cited references discloses the aforementioned features.
Examiner’s Response #1:
Applicant’s arguments have been fully considered, but are moot in view of the new grounds of rejections for claims 1-2 above.
Conclusion
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/SHIZHI QIAN/Examiner, Art Unit 1795