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 .
Response to Arguments
Applicant’s arguments, see Applicant remarks, filed 05/20/2026, with respect to the rejection(s) of claim(s) 1-18 under 35 U.S.C. §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Nakama (US-20200088697-A1).
Claims 1-18 remain pending in the application. The Applicant does not amend the claims, and no new claims are added. The Applicant argues that Mahoney (US-20070144238) does not teach a gas outlet disposed on the sidewall as required by the claim 1. Mahoney shows an inlet bore 32 of the sidewall body 12 and an outlet bore 46 exiting from a base 28. The Examiner reviewed the argument and searched through the prior-art. Upon completion of the Examiners search there are a few references that meet the criteria of claim 1 where it is common practice to position an inlet and an outlet on the sidewall of a thermal conductivity housing for gas chromatograph.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahoney (US-20070144238), in view of, Yokogawa (US-20190250131), in further view of Nakama (US-20200088697-A1).
Mahoney teaches:
In regards to claim 1, Mahoney teaches a thermal conductivity detector for a gas chromatograph, the thermal conductivity detector comprising: (abstract; 10 fig. 1, ‘thermal conductivity detector (TCD)’)
a circular thermal conductivity detector body (12 fig(s) 1-2, ‘circular cylindrically shaped monolithic body’) having a sidewall and a top surface; (24 fig(s) 1-2, ‘upper surface’)
wherein each gas flow path (34 fig. 2, ‘flow gas path’)) is in fluidic communication with a thermistor mounting hole, (26 fig. 2, ‘axial bore’) the thermistor mounting hole extending from the top surface of the thermal conductivity detector body. ‘(26)(56) fig(s) 2-3, ‘axial bore’, ‘thermistor assembly”; ‘discloses a thermistor assembly near a bore’)
Mahoney discloses the invention as claim above, and discloses an input valve 33 in the side wall of the device, however, the outlet valve 34 is at the base of the device.
It would have been obvious before the effective filing date of the invention for Mahoney to provide a thermal conductivity detector in order to efficiently analyze and sense the desired parameters from various gases extracted implemented in gas chromatography, and to provide a controller to control the flow of gas during the process.
Mahoney does not teach:
each gas flow path comprising a gas inlet disposed on the sidewall and a gas outlet disposed on the sidewall, wherein the inlet and the outlet extend inwardly from the sidewall; and
a plurality of gas flow paths formed in the circular thermal conductivity body,
Yokogawa teaches:
a plurality of gas flow paths formed in the circular thermal conductivity body, (1, 10, 21, 31, 41, 51 fig(s) 1-4, ‘manifold’, ‘1st analysis flow path’, ‘1st reference flow path’, ‘2nd analysis flow path’, ‘2nd reference flow path each with an inlet and outlet’; para(s) [0017, 0026-0027]; claim 4)
It would have been obvious before the effective filing date of the invention for Yokogawa to provide a plurality of gas flow paths for a thermal conductivity detector in order to efficiently analyze and sense the desired parameters from various gases extracted implemented in gas chromatography, and to provide a controller to control the flow of gas during the process.
Yokogawa does not teach:
each gas flow path comprising a gas inlet disposed on the sidewall and a gas outlet disposed on the sidewall, wherein the inlet and the outlet extend inwardly from the sidewall; and
Nakama teaches:
each gas flow path comprising a gas inlet disposed on the sidewall and a gas outlet disposed on the sidewall, wherein the inlet and the outlet extend inwardly from the sidewall; and (70, 75-79 fig(s) 1, ‘conductivity detector’, ‘carrier gas introduction pipe passages’, ‘sample introduction pipe passage’, ‘carrier gas introduction pipe passages’, ‘exhaust pipe passage’, ‘cell block’)
It would have been obvious before the effective filing date of the invention for Nakama to provide an inlet & outlet pipe for a plurality of gas flow paths for a thermal conductivity detector in order to efficiently analyze and sense the desired parameters from various gases extracted implemented in gas chromatography, and to provide a controller to control the flow of gas during the process.
In regards to claim 2, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 1, wherein each thermistor mounting hole is configured to receive a thermistor and position a thermistor element within a flow area of a respective gas flow path. (Mahoney: 26, 34, 56 fig(s) 2-3, ‘axial bore’, ‘flow gas path’, ‘thermistor assembly”; ‘discloses a thermistor assembly near a bore’))
In regards to claim 3, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 1, (see claim rejection 1) and further comprising a thermistor mounted in each thermistor mounting hole. (Mahoney: 26, 34, 56 fig(s) 2-3, ‘axial bore’, ‘flow gas path’, ‘thermistor assembly”; ‘discloses a thermistor assembly near a bore’))
In regards to claim 4, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 3, (see claim rejection 3) and further comprising a gas fitting mounted to each gas inlet and gas outlet of each gas flow path. (Mahoney: 26, 34, 56 fig(s) 2-3, ‘axial bore’, ‘flow gas path’, ‘thermistor assembly”; ‘discloses a thermistor assembly near a bore’; ‘the inlet bore (32) receives a threaded nut (36) and an inlet tubing (33), and the outlet bore (46) receives a threaded nut (44) and an outlet tubing (45); para(s) [0018-0020])
In regards to claim 5, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 4, (see claim rejection 4) Yokogawa teaches wherein the plurality of gas flow paths includes six gas flow paths. , (Yokogawa: 1, 10, 21, 31, 41, 51 fig(s) 1-4, ‘manifold’, ‘1st analysis flow path’, ‘1st reference flow path’, ‘2nd analysis flow path’, ‘2nd reference flow path each with an inlet and outlet’; para(s) [0017, 0026-0027]; claim 4; ‘a plurality of TCDs can be placed and the number of flow paths can be varied.’)
In regards to claim 6, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 5, wherein the six gas flow paths are used to provide three distinct thermal conductivity detectors. (Yokogawa: 1, 10, 21, 31, 41, 51 fig(s) 1-4, ‘manifold’, ‘1st analysis flow path’, ‘1st reference flow path’, ‘2nd analysis flow path’, ‘2nd reference flow path each with an inlet and outlet’; para(s) [0017, 0026-0027]; claim 4; ‘a plurality of TCDs can be placed and the number of flow paths can be varied therefore the feature of the claim is a matter of design choice w.r.t. Yokogawa.’)
In regards to claim 7, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 5, wherein the six gas flow paths are used to provide four distinct thermal conductivity detectors. (Yokogawa: 1, 10, 21, 31, 41, 51 fig(s) 1-4, ‘manifold’, ‘1st analysis flow path’, ‘1st reference flow path’, ‘2nd analysis flow path’, ‘2nd reference flow path each with an inlet and outlet’; para(s) [0017, 0026-0027]; claim 4; ‘a plurality of TCDs can be placed and the number of flow paths can be varied therefore the feature of the claim is a matter of design choice w.r.t. Yokogawa.’)
In regards to claim 8, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 5, wherein the six gas flow paths are used to provide five distinct thermal conductivity detectors. (Yokogawa: 1, 10, 21, 31, 41, 51 fig(s) 1-4, ‘manifold’, ‘1st analysis flow path’, ‘1st reference flow path’, ‘2nd analysis flow path’, ‘2nd reference flow path each with an inlet and outlet’; para(s) [0017, 0026-0027]; claim 4; ‘a plurality of TCDs can be placed and the number of flow paths can be varied therefore the feature of the claim is a matter of design choice w.r.t. Yokogawa.’)
In regards to claim 9, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 1, (see claim rejection 1) Mahoney teaches wherein the thermal conductivity detector body includes a temperature sensor hole configured to house an RTD or thermocouple. (Mahoney: para [0040])
In regards to claim 10, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 1, (see claim rejection 1) wherein the gas inlet of each gas flow path extends inwardly from the sidewall toward a center of the circular thermal conductivity body. (Nakama: 70, 75-79 fig(s) 1, ‘conductivity detector’, ‘carrier gas introduction pipe passages’, ‘sample introduction pipe passage’, ‘carrier gas introduction pipe passages’, ‘exhaust pipe passage’, ‘cell block’)
In regards to claim 11, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 10, (see claim rejection 10) wherein the gas outlet of each gas flow path extends inwardly from the sidewall toward a center of the circular thermal conductivity body. (Nakama: 70, 75-79 fig(s) 1, ‘conductivity detector’, ‘carrier gas introduction pipe passages’, ‘sample introduction pipe passage’, ‘carrier gas introduction pipe passages’, ‘exhaust pipe passage’, ‘cell block’)
In regards to claim 12, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 11, (see claim rejection 11) wherein each thermistor mounting hole (Mahoney: 26, 34, 56 fig(s) 2-3, ‘axial bore’, ‘flow gas path’, ‘thermistor assembly”; ‘discloses a thermistor assembly near a bore’)) is positioned such that it intersects with each respective gas inlet and gas outlet. (Mahoney: 12, 26, 28, 32, 34, 46 fig(s) 1-3, ‘body’, ‘axial bore’, ‘base’, ‘inlet bore’, ‘gas flow path’, ‘outlet bore’; para(s) [0018-0020]; ‘the inlet bore extends inwardly from the sidewall toward the axial bore of the body, the outlet bore extends inwardly from the base toward the axial bore of the body, the axial bore intersects the inlet bore and the outlet bore to define the gas flow path wherein the axial bore is formed entirely through the body.’)
In regards to claim 13, Mahoney, Yokogawa, & teach a thermal conductivity detector of claim 11, (see claim rejection 11) wherein each thermistor mounting hole fluidically couples each respective gas inlet to each respective gas outlet. (Mahoney: 12, 26, 28, 32, 34, 46 fig(s) 1-3, ‘body’, ‘axial bore’, ‘base’, ‘inlet bore’, ‘gas flow path’, ‘outlet bore’; para(s) [0018-0020]; ‘the inlet bore extends inwardly from the sidewall toward the axial bore of the body, the outlet bore extends inwardly from the base toward the axial bore of the body, the axial bore intersects the inlet bore and the outlet bore to define the gas flow path wherein the axial bore is formed entirely through the body.’)
In regards to claim 14, Mahoney, Yokogawa, & Nakama teach a thermal conductivity detector of claim 1, (see claim rejection 1) Nakama teaches wherein the plurality of gas flow paths is spaced apart along the sidewall. (Nakama: 70, 75-79 fig(s) 1, ‘conductivity detector’, ‘carrier gas introduction pipe passages’, ‘sample introduction pipe passage’, ‘carrier gas introduction pipe passages’, ‘exhaust pipe passage’, ‘cell block’)
Claim Rejections - 35 USC § 103
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.
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahoney (US-20070144238), in view of, Yokogawa (US-20190250131), in further view of Nakama (US-20200088697-A1).
Mahoney teaches:
In regards to claim 15, Mahoney teaches a process gas chromatograph comprising: (abstract; 10 fig. 1, ‘thermal conductivity detector (TCD)’)
a temperature-controlled oven; (para(s) [0026-0028], ‘GC oven’; 14 fig. 1, ‘heater’; 10, 12, 122, 232 fig(s) 8-9, ‘GC oven’)
at least one chromatographic column disposed within the temperature-controlled oven and being configured to receive a sample of process gas; (para(s) [0003, 0018, 0025, 0029], ‘GC column’)
at least one thermal conductivity detector operably coupled to the at least one chromatographic column and disposed within the temperature-controlled oven, the at least one thermal conductivity detector being configured to provide an indication of thermal conductivity of the sample; and (para(s) [0026-0028], ‘GC oven’; 14 fig. 1, ‘heater’; 10, 12, 122, 232 fig(s) 8-9, ‘GC oven’; para(s) [0003, 0018, 0025, 0029], ‘GC column’)
wherein the at least one thermal conductivity detector includes, a circular thermal conductivity detector body having a sidewall and a top surface, (12, 24 fig(s) 1-2,’ cylindrically shaped monolithic body’; ‘upper surface’)
a plurality of gas flow paths formed in the circular thermal conductivity body, (12 fig(s) 1-2, ‘circular cylindrically shaped monolithic body’) having a sidewall and a top surface; (24 fig(s) 1-2, ‘upper surface’)
Mahoney discloses the invention as claim above, and discloses an input valve 33 in the side wall of the device, however, the outlet valve 34 is at the base of the device.
It would have been obvious before the effective filing date of the invention for Mahoney to provide a thermal conductivity detector in order to efficiently analyze and sense the desired parameters from various gases extracted implemented in gas chromatography, and to provide a controller to control the flow of gas during the process.
Mahoney does not teach:
each gas flow path comprising a gas inlet disposed on the sidewall and a gas outlet disposed on the sidewall, wherein the inlet and the outlet extend inwardly from the sidewall, and
wherein each gas flow path is in fluidic communication with a thermistor mounting hole, the thermistor mounting hole extending from the top surface of the thermal conductivity detector body.
Yokogawa teaches:
wherein each gas flow path is in fluidic communication with a thermistor mounting hole, the thermistor mounting hole extending from the top surface of the thermal conductivity detector body. (1, 10, 21, 31, 41, 51 fig(s) 1-4, ‘manifold’, ‘1st analysis flow path’, ‘1st reference flow path’, ‘2nd analysis flow path’, ‘2nd reference flow path each with an inlet and outlet’; para(s) [0017, 0026-0027]; claim 4)
It would have been obvious before the effective filing date of the invention for Yokogawa to provide a plurality of gas flow paths for a thermal conductivity detector in order to efficiently analyze and sense the desired parameters from various gases extracted implemented in gas chromatography, and to provide a controller to control the flow of gas during the process.
Yokogawa does not teach:
each gas flow path comprising a gas inlet disposed on the sidewall and a gas outlet disposed on the sidewall, wherein the inlet and the outlet extend inwardly from the sidewall, and
Nakama teaches:
each gas flow path comprising a gas inlet disposed on the sidewall and a gas outlet disposed on the sidewall, wherein the inlet and the outlet extend inwardly from the sidewall, and (70, 75-79 fig(s) 1, ‘conductivity detector’, ‘carrier gas introduction pipe passages’, ‘sample introduction pipe passage’, ‘carrier gas introduction pipe passages’, ‘exhaust pipe passage’, ‘cell block’)
It would have been obvious before the effective filing date of the invention for Nakama to provide an inlet & outlet pipe for a plurality of gas flow paths for a thermal conductivity detector in order to efficiently analyze and sense the desired parameters from various gases extracted implemented in gas chromatography, and to provide a controller to control the flow of gas during the process.
In regards to claim 16, Mahoney, Yokogawa, & Nakama teach a process gas chromatograph of claim 15, (see claim rejection 15) and further comprising a thermistor mounted in each thermistor mounting hole. (Mahoney: 26, 34, 56 fig(s) 2-3, ‘axial bore’, ‘flow gas path’, ‘thermistor assembly”; ‘discloses a thermistor assembly near a bore’))
In regards to claim 17, Mahoney, Yokogawa, & Nakama teach a process gas chromatograph of claim 15, and further comprising a gas fitting mounted to each gas inlet and gas outlet of each gas flow path. (Mahoney: 26, 34, 56 fig(s) 2-3, ‘axial bore’, ‘flow gas path’, ‘thermistor assembly”; ‘discloses a thermistor assembly near a bore’; ‘the inlet bore (32) receives a threaded nut (36) and an inlet tubing (33), and the outlet bore (46) receives a threaded nut (44) and an outlet tubing (45); para(s) [0018-0020])
In regards to claim 18, Mahoney, Yokogawa, & Nakama teach a process gas chromatograph of claim 15, (see claim rejection 15) Yokogawa teaches wherein the plurality of gas flow paths includes six gas flow paths. (Yokogawa: 1, 10, 21, 31, 41, 51 fig(s) 1-4, ‘manifold’, ‘1st analysis flow path’, ‘1st reference flow path’, ‘2nd analysis flow path’, ‘2nd reference flow path each with an inlet and outlet’; para(s) [0017, 0026-0027]; claim 4; ‘a plurality of TCDs can be placed and the number of flow paths can be varied.’)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited Nakama (CN-115427799), Nakama (US 2020/0088697), and van Hal (US 2018/0094522) references further describe a thermal conductivity detector as described by the claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN C BUTLER whose telephone number is (571)270-3973. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie E Bloss can be reached at (571)272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.C.B/Examiner, Art Unit 2852
/STEPHANIE E BLOSS/Supervisory Primary Examiner, Art Unit 2852
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