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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-18 in the reply filed on 2/2/26 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14, 15, 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re claim 14 and 15, there is a lack of antecedent basis for the limitation “the proportion of time”.
Re claim 18, there is a lack of antecedent basis for the limitation “the optimum frequency”, and “the strike phase”.
Re claim 18, the claim recites limitations “(which vary …temperature and humidity)”. It is unclear whether the limitations in the parenthesis is part of the claim. It appears the claim does not clearly set forth the metes and bounds of the patent protection desired because there is a question or doubt as to whether the feature in the parenthesis is required.
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.
Claim(s) 1-4, 7-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al., EP 2458375
Regarding claim 1, Li discloses a photo-ionization detector (PID) comprising: a UV source (Fig. 1; UV lamp 2); an ionization chamber for receiving sample gas (Fig. 1; gas ionization chamber 4); a plurality of electrodes, including a first electrode, for detecting gaseous analyte ionized in the ionization chamber (Fig. 1; ion sensing electrodes 6); a controller (Fig. 1-2; control unit 16); and at least one sensor in electronic communication with the controller for measuring a condition of the sample gas (Fig. 1-2; senor 14).
Regarding claim 2, Li teaches wherein the plurality of electrodes is part of a replaceable electrode stack module (Figs. 3a-3d).
Regarding claim 3, Li teaches wherein the at least one sensor comprises a humidity and/or a temperature sensor, and the replaceable electrode stack module comprises the humidity and/or temperature sensor (Fig. 3b; temp sensor 22).
Regarding claim 4, Li teaches wherein the humidity and/or temperature sensor is positioned in a chamber which is separate to but in fluid communication with the ionization chamber (Fig. 1).
Regarding claim 7, Li teaches wherein the electrode stack module comprises a UV monitor (Fig. 3c; 18).
Regarding claim 8, Li teaches wherein the controller is a microprocessor or microcontroller (Fig. 1; ).
Regarding claim 9, Li teaches a plurality of electrical connections for outputting an analogue measurement signal and a plurality of separate electrical connections for outputting a digital measurement signal (Fig. 1).
Regarding claim 10, Li teaches wherein operation of the PID is controlled by the controller, responsive to data stored in the memory of the PID or, where applicable, the memory of the electrode stack module.
Regarding claim 11, Li teaches wherein operation of the PID is controlled by the controller responsive to sensor data from the at least one sensor (Fig. 1;).
Regarding claim 12, Li teaches wherein the operation which is controlled may comprise operation of the UV source (Fig. 1-2; controller 16 controls UV lamp 2).
Regarding claim 13, Li teaches wherein the controller is configured to switch the UV source repetitively on and off and optionally to regulate the duration of each on period and the time between each on period (Fig. 1-2; UV lamp 2 to controller 16).
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.
Claim(s) 6, 16-18is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., EP 2458375 in view of Hsueh et al., US 6967485 B1
Regarding claim 6, Li is silent in wherein the electrode stack module comprises the UV source. Hsueh teaches wherein the electrode stack module comprises the UV source (Fig. 3A; UV 110). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hsueh into Li for the benefit of providing a compact device/ system.
Regarding claim 16, Li is silent in wherein the controller is configured to regulate the power to the UV source, when it is on, to switch it between a plurality of different power levels in a cycle. Hsueh teaches controller is configured to regulate the power to the UV source, when it is on, to switch it between a plurality of different power levels in a cycle (Abstract). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hsueh into Li for the benefit of increasing the sensitivity and improving the stability of the detector.
Regarding claim 17, Li is silent in wherein the plurality of power levels comprises a strike phase, followed by at least one illumination phase. Hsueh teaches wherein the plurality of power levels comprises a strike phase, followed by at least one illumination phase (Col. 3 lines 60-Col. 4 lines 5; initial level; next higher level). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hsueh into Li for the benefit of increasing the sensitivity and improving the stability of the detector.
Regarding claim 18, wherein during the strike phase, the controller is configured to vary the frequency of the current driving the UV source to facilitate finding the optimum frequency (which can vary with time and parameters such as temperature and humidity). Hsueh teaches the controller is configured to vary the frequency of the current driving the UV source to facilitate finding the optimum frequency (Col. 5 lines 35-50; frequency changed to alter UV intensity). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hsueh into Li for the benefit of increasing the sensitivity and improving the stability of the detector.
Claim(s) 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., EP 2458375 in view of Xie et al., EP 3427048 B1
Regarding claim 14, Li is silent in wherein the proportion of time for which the UV source is on is reduced by the controller to reduce power consumption or to extend source lifetime. Xie teaches wherein a proportion of time for which the UV source is on is reduced by the controller to reduce power consumption or to extend source lifetime (¶[0028]; UV lamp turned on for fraction of time). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Xie into Li for the benefit of extending the life cycle of the battery and/or device.
Regarding claim 15, Li is silent in wherein the proportion of time for which the UV source is on is reduced by the controller responsive to measurements of VOC concentration. Xie teaches wherein a proportion of time for which the UV source is on is reduced by the controller responsive to measurements of VOC concentration (¶[0028]; UV lamp turned on for fraction of time with measurements of voc). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Xie into Li for the benefit of extending the life cycle of the battery and/or device.
Allowable Subject Matter
Claim 5 is 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.
Regarding claim 5, prior art does not disclose or suggest: “wherein the electrode stack module comprises a memory” in combination with all the limitations of claim 5.
Conclusion
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/FEBA POTHEN/ Examiner, Art Unit 2858