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 .
Status of the Claims
The Amendment filed January 22, 2026 has been entered. Claims 1, 7, 10 and 12(w)-13(w) have been amended; claims 14-20 are new; claims 11-13 have been withdrawn; and claims 1-2 have been cancelled. Claims 1, 3-10 and 14-20 are currently examined herein.
Status of the Rejection
New grounds of claim objection are necessitated by the amendment as outlined below.
All 35 U.S.C. § 103 rejections from the previous office action are withdrawn in view of the Applicant’s amendment.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 amendments as outlined below.
Claim Objection
Claim 14 is objected to because of the following informalities:
Claim 14: please amend “output a measurement” to -- output [[a]] the one measurement value--.
Appropriate correction is required.
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, 4-9, 14, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Galperin et al. (US20100320095A1), and in view of Omega (FCLTX-100 series, https://assets.omega.com/manuals/M4679.pdf, Nov. 29, 2020), Rachman et al. (US20160131578A1), and Coulon et al. (US20120145561A1).
Regarding claim 1, Galperin teaches an apparatus (device 100 in Fig.1 [para. 0028]) for measuring chlorine content of a solution (chlorine sensor 107 for measuring chlorine concentration in water conducted in a pipe line 104 [para. 0028]), the apparatus comprising:
an electrochemical sensor (chlorine sensor 107 [para. 0028]; Chlorine sensors, such as, for example, Amperometric-type sensors [para. 0007]; the chlorine sensor comprises a chlorine sensing electrode [para. 0017]) configured to measure the chlorine content (measuring chlorine concentration in water using a chlorine sensor [para. 0018]) and output a second signal (signal indicative of the chlorine concentration in water [para. 0019]); and
a processing system (controller 101 in Fig.1) configured to receive the second signal (Controller 101 is adapted to receive measurement inputs from chlorine sensor 107 to process the measurements and to perform analysis as to the quality of the water [para. 0030]) and output a measurement of the chlorine content using the second signal ([STEP 207] Controller 101 receives and processes measurement data from chlorine sensor 107 [para. 0043]; Device 100 is adapted to measure chlorine concentration in water conducted in a pipe line 104, and is further adapted to analyze the measurements, to store data associated with the measurements, which may include the measurements and results of performed analyses, and to output the data through a local interface and/or remote interface [para. 0028]).
Galperin is silent to the following limitations: (1) a colorimeter configured to measure the chlorine content and output a first signal; (2) the processing system configured to receive the first signal; (3) wherein the processing system is configured to output one measurement value using the first signal and the second signal; and (4) wherein the processing system is configured to calibrate the second signal using the first signal.
Galperin further teaches chlorine sensors, such as, for example, Amperometric-type sensors, comprise electrodes which may suffer from out of scale reading as a result of continuous exposure to relatively low chlorine levels for long time (more than a week). Relatively low chlorine levels may occur when there is not enough chlorine in the water [para. 0007]. The controller 101 comprises peripherals and associated control circuitry required for operating device 100, including controlling the operation of communications module 103, power module 102, and all the sensors. The controller is adapted to receive measurement inputs from flow sensor 105, chlorine sensor 107, pH sensor 108, and water temperature sensor 109, to process the measurements and to perform analysis as to the quality of the water [para. 0030].
Omega teaches electrochemical chlorine sensor (section 1.0) and periodic calibration of the electrochemical chlorine sensor (about once per week) is recommended. This is useful in tracking sensor failures as well. Omega further teaches calibration of the electrochemical chlorine sensor by using DPD colorimeter (Fig.9 and section 8.0).
Rachman teaches system and method for simultaneous measurement of turbidity, color and chlorine content of a sample of a fluid (title, Fig.1, [para. 0044]). Preferably, the free chlorine indicator is DPD 1. Preferably, the total chlorine indicator is DPD 3 [para. 0041]. The operation of CTC measurement module 110 is preferably controlled by a computerized controller assembly 126 [para. 0057]. Fig.6G shows measuring free and/or total chlorine content of the liquid in sample holder 192, the turbidity of which was measured in step 306 [para. 0099]. As seen in FIG. 6G, illuminator 250 is activated (440), and illumination is preferably detected at detector 260 mounted on port 224, arranged at 180 degrees relative to illumination axis 222 (442) to obtain a baseline measurement based on the color of the detected illumination, which baseline measurement will be employed in a subsequent free chlorine measurement. The baseline measurement is used for compensating the subsequent free chlorine measurement for to account for turbid water, colored water and/or dirt in sample holder 192. Thereafter, a predetermined amount of free chlorine indicator, such as DPD 1, and free chlorine buffer solutions are preferably pumped into sample holder 192 and are mixed with the liquid sample by employing the shaker (444). A chemical reaction between the free chlorine indicator and any free chlorine in the liquid sample (hypochlorous acid+hypochlorite ions) typically induces a color change. Thereafter, illumination is again detected at detector 260 mounted on port 224, arranged at 180 degrees relative to illumination axis 222 (446), which detected illumination is then compared with the baseline measurement obtained in step 442 to determine the amount of free chlorine (448) [para. 0100-0102]. Thus, Rachman teaches a colorimeter (at least a second detector operable for detecting illumination from said sample volume of liquid at a 180-degree angle with respect to said illumination beam, thereby measuring a color of said sample volume of liquid and thereby measuring a chlorine content of said sample volume of liquid [claim 26]) configured to measure the chlorine content (measuring a color of said sample volume of liquid and thereby measuring a chlorine content of said sample volume of liquid [claim 26]) and output a first signal (obtaining a second test output of said at least second detector; and comparing said second test output to said baseline output to determine an amount of total chlorine in said volume of liquid [claim 48]), and a processing system (computerized controller assembly 126) configured to receive the first signal (the operation of CTC measurement module is controlled by the computerized controller assembly 126 [para. 0057]).
Coulon teaches a device comprising two chlorine sensors (21, 22) for detecting chlorine in the form of hypochlorous acid HOC1, each outputting a signal (abstract). The signal 1 delivered by the chlorine sensor 21 and the signal 2 delivered by the chlorine sensor 22 are analyzed at greater frequencies (for example every six minutes). These signals are added up by the microcontroller so that it can transmit a signal representing the average chlorine concentration measured by the two sensors. These signals are also subtracted from one another by the microcontroller in order to detect an operating anomaly in the chlorine sensors [para. 0132]. In particular, the microcontroller computes the difference between the first signal 1 delivered by a first chlorine sensor 21, and the second signal 2 delivered by a second chlorine sensor 22. The value of this difference is then compared by the microcontroller with an upper and a lower reference value. In this embodiment, the upper value is equal to 8 sigma and the lower value is equal to −8 sigma. When the difference is greater than the upper value, the signal delivered by the second sensor is faulty. When the difference is below the lower value, the signal delivered by the first sensor is faulty. In both cases, the detachable head needs to be replaced [para. 0133]. Thus, Coulon teaches the controller is configured to output one measurement value using the first signal and the second signal from two chlorine sensors (transmit a signal representing the average chlorine concentration measured by the two sensors [para. 0132]); and wherein the controller is configured to track a difference between the first and second signals received, respectively, from the first and second chlorine sensors to detect operating anomaly in at least one of the two sensors by comparing the difference with a predetermined reference value (predetermined difference threshold).
Given the teachings of Galperin regarding the controller adapted to receive measurement inputs from all sensors of the apparatus and the Amperometric-type chlorine sensor may suffer from out of scale reading as a result of continuous exposure to relatively low chlorine levels for long time; the teachings of Omega regarding periodic calibration of the electrochemical chlorine sensor by using the DPD colorimeter; the teachings of Rachman regarding a DPD colorimeter configured to measure the chlorine content and output a first signal to a processing system; and the teachings of Coulon regarding the use of two chlorine sensors to provide the average chlorine concentration measured by the two chlorine sensors and to detect an operating anomaly in one of the chlorine sensors by comparing the difference between the first and second signals received from the two chlorine sensors with a predetermined reference value (predetermined difference threshold), 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 apparatus in Galperin by adding a DPD colorimeter configured to measure the chlorine content and output a first signal (chlorine content measured by the colorimeter) to the processing system, and further modify the processing system in Galperin such that the modified processing system is configure to receive the first signal in addition to the second signal from both chlorine sensors; output one measurement value using the first signal and the second signal (average chlorine concentration measured by the two sensors); and calibrate the second signal using the first signal (track sensor failures and calibration of the electrochemical chlorine sensor by using DPD colorimeter [Fig.9 and section 8.0 in Omega]), as taught by combined Omega, Rachman, and Coulon, and motivated by Galperin, since the Amperometric chlorine sensor may suffer from out of scale reading [para. 0007 in Galperin], it would allow to use the added colorimeter to track failures or detect operating anomaly of the Amperometric chlorine sensor (section 8 in Omega; [para. 0132 in Coulon]); calibrate the Amperometric chlorine sensor (section 8 in Omega); and provide an averaged chlorine concentration measured by the two sensors ([para. 0132] in Coulon).
Regarding claims 4-5, modified Galperin teaches the apparatus of claim 1, and Galperin is silent to wherein the processing system is configured to track a difference between the first signal and the second signal (of claim 4); and wherein the processing system is configured to indicate when the difference exceeds a predetermined alert threshold (of claim 5).
As outlined in the rejection of claim 1 above, Coulon teaches the controller is configured to track a difference between the first and second signals received, respectively, from the first and second chlorine sensors; and indicate when the difference exceeds a predetermined alert threshold (detect operating anomaly in at least one of the two sensors by comparing the difference with a predetermined difference threshold [para. 0132-0133]; the detection of an operating anomaly in the sensors is an indication of their level of age which enables a decision to be taken on their replacement [para. 0030]). The predetermined difference threshold is deemed as the predetermined alert threshold.
Since the controller is configured to receive the first signal from the DPD colorimeter and the second signal from the electrochemical sensor [Amperometric chlorine sensor] to calibrate the Amperometric chlorine sensor and track failures of the Amperometric chlorine sensor, as outlined in the rejection of claim 1 above, 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 processing system in modified Galperin such that it is configured to: compare the first and second signals and track a difference between the first signal and the second signal (of claim 4); and indicate when the difference exceeds a predetermined alert threshold (of claim 5), as taught by Coulon, since it would track failures/detect operating anomaly of the chlorine sensor ([para. 0132] in Coulon), and would alert sensor failure ([para. 0035] in Coulon).
Regarding claim 6, modified Galperin teaches the apparatus of claim 1, and the limitation “wherein the colorimeter is configured to output the first signal less frequently than the electrochemical sensor is configured to output the second signal” is
A functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, as outlined in the rejection of claim 1 above, modified Galperin teaches the use of the colorimeter to calibrate the Amperometric chlorine sensor and track failures of the Amperometric chlorine sensor, and periodic calibration (about once per week) is recommended [section 8 in Omega]. Galperin teaches the Amperometric chlorine sensor adapted to measure a chlorine concentration in water for monitoring water quality (title, abstract, and para. 0007). The first signal measured by the colorimeter is less frequently (calibrate about once per week) than the second signal measured by the electrochemical sensor (Amperometric chlorine sensor). Thus, the disclosed colorimeter is configured to output the first signal less frequently (calibrate about once per week) than the electrochemical sensor (Amperometric chlorine sensor ) is configured to output the second signal since the first signal is measured less frequently than the second signal.
Regarding claim 7, modified Galperin teaches the apparatus of claim 1, wherein the colorimeter is a diethyl-pphenylene diamine (DPD) colorimeter (as outlined in the rejection of claim 1 above, the colorimeter is a DPD colorimeter [DPD colorimeter in section 8 and Fig.9 of Omega; the free chlorine indicator is DPD 1 and the total chlorine indicator is DPD 3 in para. 0022 in Rachman]).
Regarding claim 8, modified Galperin teaches the apparatus of claim 1, wherein the electrochemical sensor is an amperometric sensor (Galperin teaches chlorine sensors, such as, for example, Amperometric-type sensors [para. 0007]; and the chlorine sensor comprises a chlorine sensing electrode [para. 0017]. Omega also teaches amperometric chlorine sensor [the release of electrons at the cathode and acceptance at the anode creates a current flow which is proportional to the free chlorine concentration in the medium outside the sensor [1.2 Sensor Operating Principle in Section 1.0]).
Regarding claim 9, modified Galperin teaches the apparatus of claim 1, and “wherein the chlorine content is free chlorine content and/or total chlorine content” further limit the sample but fail to further limit the apparatus. A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." See MPEP 2115. Since the claims further limit the chlorine content (material worked upon) but fails to limit the apparatus (by a structure being claimed), the limitations of the claim have no patentable weight. In the alternative, Examiner notes that Omega teaches wherein the chlorine content is free chlorine content [free chlorine in sections 1 and 2]. Rachman teaches the free chlorine indicator is DPD 1 and the total chlorine indicator is DPD 3 [para. 0022].
Regarding claim 14, modified Galperin teaches the apparatus of claim 1, wherein output a measurement using the first signal and the second signal includes determining a mean measurement of the first signal and the second signal (as outlined in the rejection of claim 1 above, the processing system is configured to output a signal representing the average chlorine concentration measured by the two sensors [para. 0132 in Coulon]).
Regarding claim 17, modified Galperin teaches the apparatus of claim 1, and the limitation “wherein the first signal and the second signal are measured at non-coinciding times” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, as outlined in the rejection of claim 1 above, modified Galperin teaches the use of the colorimeter to calibrate the Amperometric chlorine sensor and track failures of the Amperometric chlorine sensor, and periodic calibration (about once per week) is recommended [section 8 in Omega]. Galperin teaches the Amperometric chlorine sensor adapted to measure a chlorine concentration in water for monitoring water quality (title, abstract, and para. 0007). The first signal measured by the colorimeter is less frequently (calibrate about once per week) than the second signal measured by the electrochemical sensor (Amperometric chlorine sensor). Thus, the disclosed colorimeter and electrochemical sensor are configured to measure the first and second signals, respectively, at non-coinciding times since the first signal is measured less frequently than the second signal.
Regarding claim 19, modified Galperin teaches the apparatus of claim 1, and the limitation “wherein the first signal is measured less frequently than the second signal” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, as outlined in the rejection of claim 1 above, modified Galperin teaches the use of the colorimeter to calibrate the Amperometric chlorine sensor and track failures of the Amperometric chlorine sensor, and periodic calibration (about once per week) is recommended (section 8 in Omega). Galperin teaches the Amperometric chlorine sensor adapted to measure a chlorine concentration in water for monitoring water quality (title, abstract, and para. 0007). Thus, the first signal measured by the colorimeter is less frequently (calibrate about once per week) than the second signal measured by the electrochemical sensor (Amperometric chlorine sensor).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Galperin, Omega, Rachman and Coulon, as applied to claim 1 above, and further in view of Beeharry et al. (Profiling chlorine residuals using DPD and amperometric field test kits in a chlorinated small drinking water system with ammonia present in source water, HER, 2018, 61, 39-49).
Regarding claim 15, modified Galperin teaches the apparatus of claim 1, and the limitation “wherein the first signal and the second signal are measured simultaneously” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, as outlined in the rejection of claim 1 above, modified Galperin teaches the use of two chlorine sensors (the colorimeter and the electrochemical sensor) to provide the averaged chlorine concentration measured by the two sensors and to track failure or operating anomaly of the electrochemical sensor. Thus, the disclosed colorimeter and the electrochemical sensor are capable of measuring, respectively, the first signal and the second signal simultaneously, to obtain the average chlorine concentration measured by the two sensors and to track the difference between the first and second signals. Furthermore, the claimed functional limitation can be rejected in view of Beeharry as outlined in the following.
Beeharry teaches simultaneously measure total chlorine in source water using a colorimeter (DPD method) and an electrochemical sensor (Chlorosense) (see sections of Methods, DPD colorimeter-HACH DR890, Chronoamperometric-Palintest Chlorosense [CS], Breakpoint testing results; and DPD and Chlorosense field kit comparison results; TC-CS and TC-DPD in Fig.3 show the measured total chlorine [TC] by both the CS and DPD methods as a function of chlorine dosage [x-axis in Fig.3];
Dosing for each mixing jar was completed incrementally at 1 mg/L increments up to 10 mg/L except for between 4 mg/L and 8 mg/L doses where increments
were 2 mg/L. Chlorine residual field kit measurements were completed simultaneously using the different test kits after 20 minutes of reaction time [Methods]). Thus, Beeharry teaches simultaneously measure the first signal of chlorine by the colorimeter (TC-DPD) and the second signal of chlorine by the amperomentric electrochemical sensor (TC-CS).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simultaneously measure the first signal of chlorine by the colorimeter and the second signal of chlorine by the amperomentric electrochemical sensor, as taught by Beeharry, since it would allow to compare the difference between first signal and the second signal under the same condition (see comparison of TC-DPD and TC-CS in Fig.3 of Beeharry).
Allowable Subject Matter
Claims 10, 16, 18 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter.
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Regarding claims 10, 16, 18 and 20, Galperin further teaches wherein the apparatus comprises a housing enclosing the electrochemical sensor (chlorin sensor 107), as shown in annotated Fig.1 in Galperin. Since Galperin does not teach the colorimeter, thus Galperin does not teach and/or suggest wherein the housing enclosing both the added colorimeter and the electrochemical sensor.
Omega teaches the use of DPD colorimeter to track failure of amperometric electrochemical chlorine sensor and calibrate the electrochemical chlorine sensor, but does not teach and/or suggest wherein both the electrochemical sensor and the DPD colorimeter are enclosed in the same housing. Rachman teaches the DPD colorimeter to measure chlorine, but does not teach and/or suggest wherein both the electrochemical sensor and the DPD colorimeter are enclosed in the same housing. The two sensors in Coulon are amperometric electrochemical sensors, thus Coulon does not teach and/or suggest wherein both the electrochemical sensor and the DPD colorimeter are enclosed in the same housing. Beeharry teaches the use of both DPD colorimeter and amperometric electrochemical sensor to measure total chlorine, but does not teach and/or suggest wherein both the electrochemical sensor and the DPD colorimeter are enclosed in the same housing.
Although DPD colorimeter and amperometric chlorine sensor are both standard methods for measuring chlorine, they have different operational principles (see sections of DPD colorimeter-HACH DR890 and Chronoamperometeric-Palintest Chlorosense in Beeharry). There does not appear to be any teaching, suggestion, or motivation for why one skilled in the art would integrate both the DPD colorimeter and the amperometric sensor into a common housing within a single apparatus. Claims 10, 16, 18 and 20 are therefore considered to be patentably distinguished from the prior art of record since each of the claims 10, 16, 18 and 20 requires a housing enclosing both the colorimeter and the electrochemical sensor.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Response to Arguments
Applicant's arguments, see Remarks Pgs. 5-9, filed 1/22/2026, with respect to the 35 U.S.C. § 103 rejections have been fully considered and all 103 rejections from the previous office action have been withdrawn in view of the amendment.
Applicant’s Argument #1:
Regarding claim 1, Applicant argues at pages 5-7 that the combined prior art does not teach output one measurement value using the first signal and the second signal recited in amended claim 1.
Examiner’s Response #1:
Applicant’s arguments have been fully considered, but are moot in view of the new grounds of rejection for the amended claim 1 above.
Applicant’s Argument #2:
Regarding claims 4-5, Applicant argues at pages 7-8 that claims 4 and 5 depend from claim 1, and Coulon fails to remedy the deficiencies of Galerpin/Omega/Rachman.
Examiner’s Response #2:
Applicant’s arguments have been fully considered, but are moot in view of the new grounds of rejection for the amended claim 1 above. As outlined in the new grounds of rejection for claim 1 above, Coulon does teach output one measurement value (average chlorine concentration) using the first and second signals from two chlorine sensors.
Applicant’s Argument #3:
Regarding new claims, application argues at page 8 that they are allowable for the reasons of claim 1 above.
Examiner’s Response #3:
The amended claim 1 is still unpatentable over the prior art, as outlined in the new grounds of rejection for claim 1 above.
Examiner suggests applicant to further amend claim 1 by reciting a housing enclosing both the colorimeter and the electrochemical sensor (see allowable subject matter of claims 10, 16, 18, and 20 above).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIZHI QIAN whose telephone number is (571)272-3487. The examiner can normally be reached Monday-Thursday 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan V Van can be reached on 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIZHI QIAN/Examiner, Art Unit 1795