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 .
Claim Objections
Claims 1-20 are objected to because of the following informalities. Appropriate correction is required.
NOTE: the indicators (a), (b), (c) used throughout the claims are not clear on its meaning. For example, is (a) in claim 2 supposed to be (c) or is this limitation in (a) of claim 2 part of the features in (a) of claim 1? Please clarify or amend if deemed appropriate throughout the claims.
In claim 1, line 6, the phrase “the user” should be changed to -- a user --. In line 7, the phrase “a user” should be changed to -- the user --.
In claim 2, line 2, the phrase “a user” should be changed to -- the user --.
In claim 3, line 2, the phrase “a user” should be changed to -- the user --. In line 4, the phrase “a filter scan” should be changed to -- the filter scan --. In lines 5-6, the phrase “a filter” should be changed to -- the filter --.
In claim 5, line 5, the phrase “a given filter scan” should be changed to -- the given filter scan --.
In claim 8, line 3, the phrase “a filter” should be changed to -- the filter --.
In claim 9, line 2, the phrase “the range” should be changed to -- a range --.
In claim 11, line 11, the phrase “a filter” should be changed to -- the filter --.
In claim 14, line 2, the phrase “a physical activation member” should be changed to -- the activation member --.
In claim 15, line 1, the phrase “said including the steps of” should be changed to --including steps of --. In line 9, the phrase “a filter scan” should be changed to -- the filter scan --. In line 10, the phrase “a filter” should be changed to -- the filter --. In line 11, the phrase “a filter” should be changed to -- the filter --.
In claim 18, line 2, the word -- a -- should be inserted before the phrase “user activation”. In line 3, the phrase “the user” should be changed to -- a user --.
In claim 19, line 2, the word -- a -- should be inserted before the phrase “user input”. In line 3, the phrase “a filter” should be changed to -- the filter --.
In claim 20, line 2, the word -- a -- should be inserted before the phrase “user input”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2017/0343461 (Peacock et al.).
With regards to claim 1, Peacock et al. discloses a system for testing a filter comprising, as illustrated in Figures 1-15, an apparatus for testing a filter comprising a handheld probe A (e.g. probe; paragraph [0038]; Figure 1) for testing a filter (e.g. test a filter; paragraph [0038]) such that the handheld probe being configured to be deployed adjacent the filter being tested while the filter being tested is located in a normal operating position (e.g. paragraphs [0037],[0038],claim 1); the handheld probe A further including a display 152 (e.g. display screen; paragraph [0055]) for displaying one or more graphical user interfaces (e.g. alpha-numeric keyboard and operating menu displayed on the display screen; paragraphs [0042],[0060] to [0065]) to a user (e.g. an operator; paragraph [0061]) where each of the one or more graphical user interfaces having one or more interactive icons that the user can activate to perform a predetermined operation (e.g. various features; paragraphs [0060] to [0065]) in connection with testing the filter. (See, paragraphs [0037] to [0067]).
With regards to claim 2, Peacock et al. further discloses all activation members on the handheld probe which the user can manipulate or activate to perform any operation or function using the handheld probe are virtual activation members. (See, paragraphs [0060] to [0065]).
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2014/0061449 (Tunheim et al.).
With regards to claim 1, Tunheim et al. discloses a handheld characteristic analyzer comprising, as illustrated in Figures 1-5, an apparatus for testing a filter comprising a handheld probe 300 (e.g. handheld characteristic analyzer; paragraphs [0055],[0056}; Figures 3a,3b) for testing a filter (e.g. paragraph [0017] indicates detecting presence of hazardous substance or contaminant escaping from industrial equipment which is suitable for testing filter according to the description in the Instant application) such that the handheld probe being configured to be deployed adjacent the filter being tested while the filter being tested is located in a normal operating position (e.g. paragraph [0017]); the handheld probe A further including a display (e.g. LCD display or electronic visual display; paragraph [0062]) for displaying one or more graphical user interfaces 324 (e.g. graphical user interface; paragraph [0062]) to a user (e.g. a user; paragraphs [0062],[0063]) where each of the one or more graphical user interfaces having one or more interactive icons (e.g. input keyboard, interactively scroll between imagining screen; paragraphs [0062],[0063]) that the user can activate to perform a predetermined operation (e.g. various compositional or characteristic of interests by interacting communicating with signal processor; paragraphs [0062]-[0065]; Figures 3A,3B) in connection with testing the filter. (See, paragraphs [0016] to [0097]).
With regards to claim 2, Tunheim et al. further discloses all activation members on the handheld probe which the user can manipulate or activate to perform any operation or function using the handheld probe are virtual activation members. (See, paragraphs [0062]-[0065]).
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.
Claims 3-20 are rejected under 35 U.S.C. 103 as being unpatentable over either U.S. Patent Application Publication 2017/0343461 (Peacock et al.) or U.S. Patent Application Publication 2014/0061449 (Tunheim et al.) in view of U.S. Patent 7,588,726 (Mouradian et al.).
With regards to claim 3, the references, Peacock et al. or Tunheim et al., do not disclose a first graphical user interface having a rewind or trim interactive activation icon that when activated by the user during a filter scan can erase a predetermined time period of a filter scan performed using the handheld probe to prevent an event that is not indicative of filter efficiency or leakage from resulting in a false failure of a filter being tested.
Mouradian et al. discloses a vapor analysis system comprising, as illustrated in Figures 1-5, an apparatus 100 (e.g. vapor analysis system; column 10, line 10) for testing a filter comprising a handheld probe 150 (e.g. probe; column 10, lines 12-13; Figure 1) for testing a filter 154-1,154-2 (e.g. substance filter; column 12, lines 42-57); a data entry device 170 comprising a display 172 (e.g. display; column 18, lines 9-21) for displaying, one or more graphical user interfaces 171,173 (e.g. alphanumeric buttons and special function keys and pick lists of menu items on display; column 18, lines 9-21; column 19, lines 46-62) to a user (e.g. user/operator) where each of the one or more graphical user interfaces having one or more interactive icons that the user can activate to perform a predetermined operation (e.g. special functions; column 18, lines 9-64; column 19, line 10-62) in connection with testing the filter; a first graphical user interface having a rewind or trim interactive activation icon (e.g. user customized menu pick list such that allow the user to replace/erase/update a current route entry database to a new route entry database to EEPROM; column 22, line 55 to column 23) that when activated by the user during a filter scan can erase a predetermined time period of a filter scan performed using the handheld probe to prevent an event that is not indicative of filter efficiency or leakage from resulting in a false failure of a filter being tested (e.g. column 22, line 55 to column 24, line 25; column 32, lines 6-30; column 24, lines 1-11; column 24, line 55 to column 25, line 10). (See, column 10, line 10 to column 35, line 6).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing a first graphical user interface having a rewind or trim interactive activation icon that when activated by the user during a filter scan can erase a predetermined time period of a filter scan performed using the handheld probe to prevent an event that is not indicative of filter efficiency or leakage from resulting in a false failure of a filter being tested as suggested by Mouradian et al. to the system of either Peacock et al. or Tunheim et al. to have the ability to repeat the survey mode for a plurality of route entry during a predetermined sampling period and to significantly reduce the need or requirement of the user where the user can operate such functions remotely. (See, column 22, line 55 to column 23, line 14; column 18, lines 42-49 of Mouradian et al.).
With regards to claims 4-7, Mouradian et al. does not specify such parameter characteristics for the rewind or trim activation as in these claims. However, to have set such test characteristics as in the claims are considered to have been a matter of choice possibilities of functionality of data analysis for selecting and organizing data that would have been obvious to a skilled artisan in the art before the effective filing date of the claimed invention without departing from the scope of the invention.
With regards to claims 8 -10, Mouradian et al., modifying either Peacock et al. or Tunheim et al., further discloses the predetermined time period is less than 20% of a time period necessary to perform a complete filter scan of a filter being tested; the predetermined time period is in the range of 5 to 30 seconds; the predetermined time period is 10 seconds. (See, column 24, lines 1-11 indicates 7 seconds or another predetermined time period).
With regards to claim 11, the claim is directed to an apparatus claim and is commensurate in scope with the above apparatus claims 1-3 and is rejected for the same reasons as set forth above. Furthermore, Peacock et al. further discloses a base unit C (e.g. base unit; paragraph [0038]; Figure 6).
With regards to claim 12, Peacock et al. further discloses the one or more user activation members are a virtual activation member or a physical activation member. (See, observed in Figures 1,4)
With regards to claims 13-14, Mouradian et al. further discloses the rewind or trim activation member is a virtual activation member or a physical activation member; the rewind or trim activation member is a physical activation member on the handheld probe or the base unit. (See, observed in Figure 1).
With regards to claim 15, the claim is directed to a method claim and is commensurate in scope with the above apparatus claims 1-3 and is rejected for the same reasons as set forth above. Furthermore, Peacock et al. further discloses a base unit C (e.g. base unit; paragraph [0038]; Figure 6).
With regards to claims 16-17, Mouradian et al. further discloses displaying the rewind or trim activation member as an interactive icon on a graphical user interface on a display of the handheld probe or the base unit; displaying the rewind or trim activation member as an interactive icon on a graphical user interface on the display of the handheld probe. (See, observed in Figure 1).
With regards to claims 18-20, Mouradian et al. does not specify such parameter characteristics for the rewind or trim activation as in these claims. However, to have set such test characteristics as in the claims are considered to have been a matter of choice possibilities of functionality of data analysis for selecting and organizing data that would have been obvious to a skilled artisan in the art before the effective filing date of the claimed invention without departing from the scope of the invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The references cited, particularly Daniel, Chilumunkuru and Wetherill, are related to systems for inspecting particulate filters for efficiency.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Helen C Kwok whose telephone number is (571)272-2197. The examiner can normally be reached Monday to Friday, 7:30 to 4:00 EST.
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, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HELEN C KWOK/Primary Examiner, Art Unit 2855