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 .
Drawings
The drawings are objected to because the ledgers for lines that connect the elements in Figs. 1-6 and 10 are difficult to distinguish in the black and white drawings. MPEP 608.02(V) states that every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined.
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 disclosure is objected to because of the following informalities:
Applicant’s specification does not include a detailed description of the invention shown in Figs. 4-6 other than a table listing the element shown in these figures.
Applicant’s specification does not include a detailed discussion of the graphs shown in Figs. 7-9 such as the type and concentration of the acids and bases and types of samples. It appears that the graphs shown in Figs. 7-9 may corresponds to working examples: however, there is no discussion as to the background of these graphs.
Appropriate correction is required.
Claim Objections
Claims 9, 12, 15 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, claims 9, 12 and 15 have not been further treated on the merits.
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.
1. Claims 1, 2, 4-8, 10, 11, 13 and 14 are rejected under 35 USC 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2008/0137065 to Oberreil et al.
Oberreil et al. teaches measuring analyte concentrations in liquids. (Title)
Oberreil et al. teaches the steps of: providing an analyte (aerosol sample delivered through condensation particle counter inlet 125, {0077]; Fig. 6); collecting a sample of the analyte (analyte enters passage 108 in column 102, Fig. 6; [0074]); conditioning the sample of analyte (heating element 112 elevates temperature of passage 108, [0074]; Fig. 6); and supplying the conditioned analyte to an analytical apparatus (analyte drawn towards flow metering orifice 121 past photodetector 118 by pump 120, Fig. 6; Para. [0077]) so that laser diode 116 and photodetector 118 measure non-volatile residue concentration, Para. [0076]; Fig. 6).
I.) Regarding applicant’s claim 1, as noted above, Oberreil et al. teaches all the elements of claim 1.
Therefore, Oberreil et al. anticipate claim 1.
II.) Regarding applicant’s claim 2, as noted above Oberreil et al. anticipates claim 1 from which claim 2 depends.
Claim 2 recites that the analyte includes a liquid and is provided in a reservoir.
Oberreil et al. teaches that the analyte is in a liquid and that the analyte and a base liquid such as water are contained in syringe 24 as shown in Fig. 2. [0053]
Therefore, Oberreil et al. anticipates claim 2.
III.) Regarding applicant’s claim 4, as noted above Oberreil et al. anticipates claim 2 from which claim 4 depends.
Claim 4 recites that the analyte is collected from the reservoir by pumping the analyte from the reservoir.
Oberreil et al. teaches that the analyte is collected from the reservoir by pumping analyte from the reservoir by pump 120 that draws aerosol out of condensation particle counter through inlet 125 and passage 108. [0077]
Therefore, Oberreil et al. anticipates claim 4.
IV.) Regarding applicant’s claim 5, as noted above Oberreil et al. anticipates claim 2 from which claim 5 depends.
Claim 5 recites that the analyte is collected from the reservoir by pressurizing the reservoir whereby analyte flows from the reservoir.
Oberreil et al. teaches that the reservoir is a syringe that injects the sample under pressure into a carrier liquid stream. [0053]
Therefore Oberreil et al. anticipates claim 5.
V.) Regarding applicant’s claim 6, as noted above Oberreil et al. anticipates claim 5 from which claim 6 depends.
Claim 6 recites the step of introducing a secondary fluid into the reservoir.
Oberreil et al. teaches that the syringe contains the liquid sample and a base liquid such as water. [0053]
Therefore, Oberreil et al. anticipates claim 6.
VI.) Regarding applicant’s claim 7, as noted above Oberreil et al. anticipates claims 4 and 5 from which claim 7 depends in the alternative.
Claim 7 recites the step of restricting flow of the analyte.
Oberreil et al. teaches liquid pressure can be adjusted from below atmospheric pressure to a pressure nearly equal to the inlet air pressure. [0068]
Therefore, Oberreil et al, anticipates claim 7.
VI.) Regarding applicant’s claim 8, as noted above Oberreil et al. anticipates claims 4 and 5 from which claim 8 depends in the alternative.
Claim 8 recites the step of conditioning includes regulating volumetric flow of the analyte to a predetermined value.
Oberreil et al. teaches that the sample flow kept within range of 100-300 milliliters per minute while provided to passage 108. [0077]
Therefore, Oberreil et al. anticipates claim 8.
VII.) Regarding applicant’s claim 10, as noted above Oberreil et al. anticipates claims 4 and 5 from which claim 10 depends in the alternative.
Claim 10 recites that the step of conditioning includes diluting the analyte.
Oberreil et al. teaches that wick 106 provides water to internal passage 108 and thus diluting the analyte. [0074]
Therefore, Oberreil et al. anticipates claim 10
VII.) Regarding applicant’s claim 11, as noted above Oberreil et al. anticipates claims 4 and 5 from which claim 11 depends in the alternative.
Claim 11 recites that the step of conditioning includes regulating the temperature of the analyte.
As noted above, Oberreil et al. teaches that heating element 112 elevates temperature of passage 108 which heats the analyte. [0074]
Therefore, Oberreil et al. anticipates claim 11.
VIII.) Regarding applicant’s claim 13, as noted above Oberreil et al. anticipates claims 4 and 5 from which claim 13 depends in the alternative.
Claim 13 recites that the step of conditioning includes discarding a portion of the analyte prior to supplying the conditioned analyte to the analytical apparatus.
Oberreil et al. teaches that excess aerosol flows out exhaust exit 127 to waste outlet which exhaust exit is in flow path prior to laser diode 116 and photodetector 118 as shown in Fig. 6. [0077]
Therefore, Oberreil et al. anticipates claim 13.
IX.) Regarding applicant’s claim 14, as noted above Oberreil et al. anticipates claim 1 from which claim 14 depends.
Claim 14 recites that the analytical apparatus analyzes the analyte by counting particle in the analyte.
Oberreil et al. teaches a condensation particle counter optically detects and counts residue particles. {0057]
Therefore, Oberreil et al. anticipates claim 14.
2. Claims 16 and 18-25 are rejected under 35 USC 102(a)(1) as being anticipated by Oberreil et al.
Oberreil et al. teaches an apparatus for conditioning an analyte for measurement by analytical instrumentation (Abstract; condensation particle counter system, Fig. 6).
The apparatus includes: a reservoir for receiving and holding an analyte (analyte enters passage 108 of column 102, Fig. 6 [0074]; an analyte collector communicatively connected to the reservoir (syringe 24 contains liquid sample, Fig. 2 [0053]; an analyte conditioner communicatively connected to the analyte collector (the conditioner comprises narrow orifice of passage 108 of column 102 leading to photodetector 118, heating element 112, and reservoir 124, Fig. 6; syringe 24 operatively connected to elements of condensation particle counter system 34, Fig. 2); and an analytical apparatus communicatively connected to the analyte conditioner (laser diode 116 and photodetector 118 operatively connected to conditioner elements, Fig. 6).
I.) Regarding applicant’s claim 16, as noted above Oberreil et al. teaches all the elements of claim 16.
Therefore, Oberreil et al. anticipates claim 16.
II.) Regarding applicant’s claim 18 as noted above Oberreil et al. anticipates claim 16 from which claim 18 depends
Claim 18 recites that the analyte collector is a pressure vessel.
Oberreil et al. teaches syringe 24 injects (under pressure) sample into a carrier liquid stream. [0053]
Therefore, Oberreil et al. anticipates claim 18.
III.) Regarding applicant’s claim 19 as noted above Oberreil et al. anticipates claim 18 from which claim 19 depends
Claim 19 recites means to introduce a secondary fluid into the pressure vessel.
Oberreil et al. teaches that syringe 24 contains liquid sample and a base liquid such as water. [0053]
Therefore, Oberreil et al. anticipates claim 19.
IV.) Regarding applicant’s claim 20 as noted above Oberreil et al. anticipates claim 16 from which claim 20 depends
Claim 20 recites that the analyte conditioner is a pressure regulator.
Oberreil et al. teaches that the conditioner comprises narrow orifice of passage 108 leading to photodetector 118, so that flow through narrow orifice would inherently restrict [regulate) pressure.
Therefore, Oberreil et al. anticipates claim 20.
V.) Regarding applicant’s claim 21 as noted above Oberreil et al. anticipates claim 16 from which claim 21 depends
Claim 21 recites that analytic conditioner is a volumetric flow regulator.
As noted above, Oberreil et al. teaches that the conditioner comprises narrow orifice of passage 108 leading to photodetector 118, so that flow through narrow orifice would inherently restrict [regulate) pressure and volumetric flow.
Therefore, Oberreil et al. anticipates claim 21.
VI.) Regarding applicant’s claim 22 as noted above Oberreil et al. anticipates claims 20 and 21 from which claim 22 alternatively depends from.
Claim 22 recites a flow restrictor.
As noted above, Oberreil et al. teaches that the conditioner comprises narrow orifice of passage 108 leading to photodetector 118, so that flow through narrow orifice would inherently restrict flow.
Therefore, Oberreil et al. anticipates claim 22.
VII.) Regarding applicant’s claim 23 as noted above Oberreil et al. anticipates claim 16 from which claim 23 depends from.
Claim 23 recites the analyte conditioner is a dilution module.
Oberreil et al. teaches that reservoir 124 provides water to wick 106 so that the wick provides water to internal passage 108. [0078]
Therefore, Oberreil et al. anticipates claim 23
VIII.) Regarding applicant’s claim 24 as noted above Oberreil et al. anticipates claim 16 from which claim 24 depends from.
Claim 24 recites that that the analyte conditioner is a heater or cooler.
Oberreil et al. teaches heating element 112 elevates temperature of passage 108. [0074]
Therefore, Oberreil et al. anticipates claim 24.
IX.) Regarding applicant’s claim 25 as noted above Oberreil et al. anticipates claim 16 from which claim 25 depends from.
Claim 25 recites that the analytical apparatus is a particle counter.
Oberreil et al. teaches that a condensation particle counter optically detects and counts residue particles. [00571]
Therefore, Oberreil et al. anticipates claim 25.
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.
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.
3. Claim 3 is rejected under 35 USC 103 as being unpatentable over Oberreil et al. as applied to claim 2 and further in view of U.S. Patent No. 6,227,041 to Collins et al
I.) Regarding applicant’s claim 3, as noted above Oberreil et al. anticipates claim 2 from which claim 3 depends.
Claim 3 recites that the reservoir is continuously weighted, and the weight data is communicated to the analytical apparatus.
Oberreil et al. does not teach that the reservoir is continuously weighted, and the weight data is communicated to the analytical apparatus.
Collins et al. is in the field of volatile content measuring devices (Abstract) and teaches a reservoir (balance pan 15 receives sample 12, Fig. 2) that is continuously weighed (pan 15 is part of an analytical balance so that the sample is continuously weighted and weight data is communicated to the analytical apparatus (controller 23 in communication with infrared photosensor 13 is also in communication with analytical balance. (column 3, lines 61-66; column 6, Lines 15-22 and column 4, Lines 58-67).
It would have been obvious to one of ordinary skill in the art to modify Oberreil et al. to weight the syringe continuously and communicate the weight data to the analytical apparatus as taught by Collins et al. for purposes of monitoring how much of the sample remains to be processed by the analytical apparatus.
Therefore, Oberreil et al. in view of Collins et al. renders claim 3 obvious.
4. Claim 17 stands rejected under 35 USC 103 as being unpatentable over Oberreil et al. as applied to claim 16 above and further in view of U.S. Patent No. 5,472,577 to Porter et al.
I.) Regarding applicant’s claim 17 as noted above Oberreil et al. anticipates claim 16 from which claim 17 depends.
Claim 17 recites that the analyte collector is a pump.
Oberreil et al. does not teach that the analyte collector is a pump.
Porter is in the field of chemical analysis systems (a) and teaches wherein the analyte collector is a pump 160 that injects analyte into a test chamber 170. (Fig. 3; column 7, lines 39-48).
It would have been obvious to one of ordinary skill in the art modify Oberreil et al. to includes a pump that functions as an analyte collector is a pump as taught by Porter for purposes supplying the analyte at a set rate or pressure and thus stabilize the analytical process.
Therefore, Oberreil et al. in view of Porter et al. renders claim 17 obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S. GZYBOWSKI whose telephone number is (571)270-3487. The examiner can normally be reached M-F 8:30-5:00.
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/M.S.G./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798