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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings fail to show “an electrically insulating element” (as recited in claim 2); “a first electrically conductive path, a second electrically conductive path” (as recited in claim 5); “at least one electrode disposed inside the electrically insulating base” (as recited in claim 6) in a broadest sense. The drawings must show every feature of the invention specified in the claims. Therefore, limitations of “an electrically insulating element” (as recited in claim 2); “a first electrically conductive path, a second electrically conductive path” (as recited in claim 5); “at least one electrode disposed inside the electrically insulating base” (as recited in claim 6) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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: Due to drawing objection, the instant specification is also objected because the instant specification does not consistently reflect what being claimed i.e. “an electrically insulating element” (as recited in claim 2); “a first electrically conductive path, a second electrically conductive path” (as recited in claim 5); “at least one electrode disposed inside the electrically insulating base” (as recited in claim 6) in the instant specification.
Note that the instant specification must consistently reflect claimed limitations.
Appropriate correction is required.
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.
Claim 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Applicant’s Admitted Prior Art (hereinafter “AAPA”) – US 20250003851.
As to claim 15, AAPA teaches an apparatus for measuring rheological and electrical properties of a sample (fig.1 and [0029-0030]) comprising:
a first geometry 12 comprising a stationary element 12 having a first electrically conductive region and a first surface (see described fig.1 and [0029-0030]: electrically coupling the lower geometry 12 to a terminal of a voltage source; thus “a first geometry comprising a stationary element having a first electrically conductive region and a first surface”); and
a second geometry 16 comprising a rotatable element 16 having an electrically conductive region and a second surface (see described fig.1 and [0029-0030]: electrically coupling the upper moving geometry 16 to a terminal of a voltage source; thus “a second geometry comprising a rotatable element 16 having an electrically conductive region and a second surface”), the second geometry 16 being separated from the first geometry 12 across a gap defined between the first and second surfaces, wherein the first and second electrically conductive regions are arranged opposite to each other across the gap and wherein an electric field is generated between the first and second electrically conductive regions across the gap in response to an application of a voltage applied between the first and second electrically conductive regions (see described fig.1 and [0029-0030]).
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Allowable Subject Matter
Claims 1, 3-4, and 7-14 are allowable. Claims 2 are 5-6 are allowable once all objections are corrected.
The following is a statement of reasons for the indication of allowable subject matter:
Chen – Translate_CN100381808C teaches an apparatus for measuring rheological and electrical properties of a sample (fig.1) comprising: a geometry comprising a double wall concentric cylinder having a cylinder axis, an outer wall, an inner wall and a gap 4 defined between the outer wall and the inner wall, the outer and inner walls being electrically conductive and outer and inner walls being electrically isolated from each other (described fig.1 and page 8: inner and outer cylindrical surface of conductive ring 5; page 7 and fig.1: insulating sleeve electrically isolated outer and inner walls); and
a moving geometry 1,2,3 comprising a cylindrical bob 3 disposed in the gap 4 and rotatable about the cylinder axis, and wherein an outer sample gap is defined between the cylindrical bob 3 and the outer wall and an inner sample gap is defined between the cylindrical bob 3 and the inner wall (fig.1 and page 7: shearing arm or cylindrical bob 3 extends into measurement space or gap 4 and the shearing arm 3 forms moving part of the measuring system; when shearing arm or cylindrical bob 3 extends into measurement space or gap 4, it will form “an outer sample gap is defined between the cylindrical bob and the outer wall and an inner sample gap is defined between the cylindrical bob and the inner wall”).
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Chen fails to disclose a stationary geometry and the cylindrical bob is electrically conductive. Page 8 of Chen states that the outer cylindrical surface of the conductive ring 5 and the inner cylindrical surface of the lower PTFE insulating sleeve 6 are movable.
Hence, Chen fails to disclose a stationary geometry and the cylindrical bob is electrically conductive, in combination with the remaining limitations of an apparatus for measuring rheological and electrical properties of a sample, as claimed in independent claim 1.
Chen also fails to disclose the first stationary plate having a central opening to pass the shaft and the second stationary plate having an electrically insulating hub arranged opposite to the electrically insulating hub of the rotatable plate, in combination with the remaining limitations of an apparatus for measuring rheological and electrical properties of a sample, as claimed in independent claim 10.
Chen also fails to disclose a first geometry comprising a first and a second stationary element each having a surface disposed to face the surface of the other across a gap, the first and second stationary elements being electrically isolated from each other, in combination with the remaining limitations of an apparatus for measuring rheological and electrical properties of a sample, as claimed in independent claim 14.
Hence the prior art of record fails to teach the invention as set forth in claims 1-14 and Examiner cannot find specific teaching of the invention, nor reasons within the cited art to combine and/or modify the elements of the prior art of record other than applicant's own reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUONG D PHAN whose telephone number is (571)272-8883. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached on 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRUONG D PHAN/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
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