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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 5/15/2026 is acknowledged. The traversal is on the ground(s) that the claims of Group II have been amended to depend on claim 1 form Group I. This is not found persuasive. Although the examiner acknowledges that Group II now depends on claim 1, claim 1 is a linking claim for the two inventions and claim 1 has not been found to be allowable. Therefore, Claims 17-20 have been withdrawn as being directed toward an unelected invention.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 1, 8, 12 and 15 are objected to because of the following informalities:
Claim 1 recites the limitation "the concentration" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the selectivity" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the surface chemistry" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the interaction" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the degree" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the selectivity" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the concentration" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the selectivity" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the VOC vapor detection threshold" in lines 14-15. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1, 2, 8 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2024/0210350 by Kim et al. (“Kim”).
As for claim 1, Kim discloses a sensor for selectively detecting a volatile organic compound (VOC) vapor, comprising:
an insulating substrate (110);
a pair of interdigitated electrodes (112, 114) disposed on the insulating substrate;
a sensing layer (120) of a semi-conductive material (paragraph [0036]) disposed on (paragraph [0033]) the pair of interdigitated electrodes, the sensing layer (120) exhibiting an electrical property that is dependent on the concentration of the VOC vapor to which the sensing layer is exposed (paragraph [0036]); and
a filtering layer (130) of a polymer (paragraph [0043]) or metal organic framework disposed on the sensing layer, the filtering layer (130) enhancing the selectivity of the sensing layer to the VOC vapor (paragraph [0044]).
As for claim 2, Kim discloses that the electrical property is conductivity (paragraph [0036]), capacitance, or inductance.
As for claim 8, Kim discloses that the filtering layer (130) enhances the selectivity of the sensing layer to the VOC vapor by modifying the surface chemistry of the sensing layer, thereby modifying the interaction of the VOC vapor with the sensing layer (because the sensing surface is functionalized; paragraph [0044]).
As for claim 13, Kim discloses a system for selectively sensing a volatile organic compound (VOC) vapor, comprising: a plurality of sensors, each sensor according to claim 1 (paragraphs [0025] and [0030]).
As for claim 14, Kim discloses a control unit (210), wherein for each sensor of the plurality of sensors, the control unit:
induces an electric current to flow through each sensor (paragraph [0068]); and
generates a concentration measurement of the VOC vapor based on the electrical property (step 440 and paragraph [0036]).
As for claim 15, Kim discloses a method for selectively detecting a volatile organic compound (VOC) vapor, comprising:
exposing a sensor to an environment in need of detecting the VOC vapor, the sensor comprising
an insulating substrate (110),
a pair of interdigitated electrodes (112, 114) disposed on the insulating substrate a sensing layer (120) of a semi-conductive material (paragraph [0036]) disposed on (paragraph [0033]) the pair of interdigitated electrodes, the sensing layer (120) exhibiting an electrical property that is dependent on the concentration of the VOC vapor to which the sensing layer is exposed (paragraph [0036]), and
a filtering layer (130) of a polymer (paragraph [0043]) or metal organic framework disposed on the sensing layer, the filtering layer (130) enhancing the selectivity of the sensing layer to the VOC vapor (paragraph [0044]); and
generating a signal (step 440) when the sensor is exposed to a sample of the VOC vapor having a gas density, gas concentration, or gas partial pressure greater than or equal to the VOC vapor detection threshold of the sensor (inherent);
wherein the sensor has a VOC vapor detection limit that spans a detection range (inherent).
As for claim 16, Kim discloses that the method is carried out at a temperature of 30 °C or lower (paragraph [0067]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 6, 7 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2019/0025271 by Yan et al. (“Yan”) in view of U.S. Patent Application Publication 2020/0124556 by BelBruno et al. (“BelBruno”).
As for claim 1, Yan discloses a sensor for selectively detecting a volatile organic compound (VOC) vapor, comprising:
an insulating substrate (110);
a pair of electrodes (120) disposed on the insulating substrate;
a sensing layer (130) of a semi-conductive material (paragraph [0017]) disposed on the pair of interdigitated electrodes, the sensing layer exhibiting an electrical property that is dependent on the concentration of the VOC vapor to which the sensing layer is exposed (paragraph [0017]); and
a filtering layer (140) of a polymer or metal organic framework (paragraph [0018]) disposed on the sensing layer, the filtering layer enhancing the selectivity of the sensing layer to the VOC vapor (paragraph [0018]).
Yan does not disclose that the electrodes are interdigitated electrodes.
However, BelBruno discloses electrodes (330) that are interdigitated electrodes (paragraph [0032]).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the electrodes of Yan to be interdigitated as disclosed by BelBruno in order to ensure good spatial averaging (BelBruno: paragraph [0032]).
As for claim 2, Yan as modified by BelBruno discloses that the electrical property is conductivity (Yan: paragraph [0017]), capacitance, or inductance.
As for claim 6, Yan as modified by BelBruno discloses that the semi-conductive material of the sensing layer is a metal salt or metal oxide (Yan: paragraph [0017]).
As for claim 7, Yan as modified by BelBruno discloses that the semi-conductive material of the sensing layer is tin oxide (SnO₂) (Yan: paragraph [0017]).
As for claim 13, Yan as modified by BelBruno discloses system for selectively sensing a volatile organic compound (VOC) vapor, comprising: a plurality of sensors (Yan: paragraph [0041]), each sensor according to claim 1.
As for claim 14, Yan as modified by BelBruno discloses a control unit (Yan:660), wherein for each sensor of the plurality of sensors, the control unit:
induces an electric current to flow through each sensor (Yan: paragraph [0027]); and
generates a concentration measurement of the VOC vapor based on the electrical property (Yan: paragraph [0027]).
As for claim 15, Yan discloses a method for selectively detecting a volatile organic compound (VOC) vapor, comprising:
exposing a sensor to an environment in need of detecting the VOC vapor (see Fig. 1), the sensor comprising
an insulating substrate (110),
a pair of electrodes (120) disposed on the insulating substrate,
a sensing layer (130) of a semi-conductive material (paragraph [0017]) disposed on the pair of interdigitated electrodes, the sensing layer exhibiting an electrical property that is dependent on the concentration of the VOC vapor to which the sensing layer is exposed (paragraph [0017]), and
a filtering layer (140) of a polymer or metal organic framework (paragraph [0018]) disposed on the sensing layer, the filtering layer enhancing the selectivity of the sensing layer to the VOC vapor (paragraph [0018]); and
generating a signal (paragraph [0027]) when the sensor is exposed to a sample of the VOC vapor having a gas density, gas concentration, or gas partial pressure greater than or equal to the VOC vapor detection threshold of the sensor (inherent);
wherein the sensor has a VOC vapor detection limit that spans a detection range (inherent).
Yan does not disclose that the electrodes are interdigitated electrodes.
However, BelBruno discloses electrodes (330) that are interdigitated electrodes (paragraph [0032]).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the electrodes of Yan to be interdigitated as disclosed by BelBruno in order to ensure good spatial averaging (BelBruno: paragraph [0032]).
As for claim 16, Yan as modified by BelBruno discloses that the method is carried out at a temperature of 30 °C or lower (Yan: paragraph [0031]).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2019/0025271 by Yan et al. (“Yan”) in view of U.S. Patent Application Publication 2020/0124556 by BelBruno et al. (“BelBruno”) as applied to claim 1, further in view of U.S. Patent Application Publication 2022/0326168 by BelBruno et al. (“BelBruno ‘168”).
As for claim 3, Yan as modified by BelBruno discloses the sensor of claim 1 (see the rejection of claim 1 above).
Yan as modified by BelBruno does not disclose that the electrical property changes as recited.
However, BelBruno ‘168 discloses that an electrical property of a sensing layer increases or decreases by a first level with increasing concentration of an aldehyde (see Table 1) and the electrical property of the sensing layer increases or decreases by a second level with increasing concentration of a non-aldehyde VOC vapor (see Table 1), the first level being different from the second level.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the sensor of Yan and BelBruno such that the electrical property of the sensor changes as disclosed by BelBruno ‘168 in order to be more responsive to a desired target than a potentially interfering molecule (BelBruno ‘168: paragraph [0083]) and to detect formaldehyde (BelBruno ‘168: paragraph [0043]).
As for claim 4, Yan as modified by Bel Bruno and BelBruno ‘168 discloses that
n the non-aldehyde VOC vapor is water (BelBruno ‘168: see Table 1), an alcohol, acetone, or ammonia.
As for claim 5, Yan as modified by Bel Bruno and BelBruno ‘168 discloses that
the aldehyde is formaldehyde (BelBruno ‘168: see Table 1), acetaldehyde, or glutaraldehyde.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2019/0025271 by Yan et al. (“Yan”) in view of U.S. Patent Application Publication 2020/0124556 by BelBruno et al. (“BelBruno”) as applied to claim 1, further in view of CN 111638252 by Xie et al. (“Xie”).
As for claim 9, Yan as modified by BelBruno discloses the sensor of claim 1 (see the rejection of claim 1) and that the filtering layer comprises a metal organic framework (Yan: paragraph [0018]).
Yan as modified by BelBruno does not disclose that the metal organic framework is non-conductive.
However, Xie discloses a metal organic framework (12) that is non-conductive (Xie: ZIF-8; see the paragraph beginning ”As a preference, the hole diameter of the metal organic frame coating is greater …”).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the metal organic framework of Yan and BelBruno to be made of non-conductive ZIF-8 on order to improve sensing selectivity (Xie: see the paragraph beginning ”As a preference, the hole diameter of the metal organic frame coating is greater …”).
As for claim 10, Yan as modified by BelBruno and Xie discloses that the filtering layer comprises ZIF-7, ZIF-8 (Xie: ZIF-8; see the paragraph beginning ”As a preference, the hole diameter of the metal organic frame coating is greater …”), ZIF-67, ZIF-L, HKUST-1, and/or UIO-66.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2019/0025271 by Yan et al. (“Yan”) in view of U.S. Patent Application Publication 2020/0124556 by BelBruno et al. (“BelBruno”) as applied to claim 1, further in view of CN 111638252 by Xie et al. (“Xie”) and U.S. Patent Application Publication 2022/0326168 by BelBruno et al. (“BelBruno ‘168”).
As for claim 12, Yan as modified by BelBruno discloses the sensor of claim 1 (see the rejection of claim 1) and that the semi-conductive material of the sensing layer is tin oxide (SnO₂)(Yan: paragraph [0017]) and that the filtering layer comprises a metal organic framework (Yan: paragraph [0018]).
Yan as modified by BelBruno does not disclose that the metal organic framework is non-conductive.
However, Xie discloses a metal organic framework (12) that is non-conductive (Xie: ZIF-8; see the paragraph beginning ”As a preference, the hole diameter of the metal organic frame coating is greater …”).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the metal organic framework of Yan and BelBruno to be made of non-conductive ZIF-8 on order to improve sensing selectivity (Xie: see the paragraph beginning ”As a preference, the hole diameter of the metal organic frame coating is greater …”).
Yan as modified by BelBruno and Xie does not disclose that the electrical property changes as recited.
However, BelBruno ‘168 discloses that an electrical property of a sensing layer increases or decreases by a first level with increasing concentration of an aldehyde (see Table 1) and the electrical property of the sensing layer increases or decreases by a second level with increasing concentration of a non-aldehyde VOC vapor (see Table 1), the first level being different from the second level.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the sensor of Yan, BelBruno and Xie such that the electrical property of the sensor changes as disclosed by BelBruno ‘168 in order to be more responsive to a desired target than a potentially interfering molecule (BelBruno ‘168: paragraph [0083]) and to detect formaldehyde (BelBruno ‘168: paragraph [0043]).
Allowable Subject Matter
Claim 11 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 11, the prior art of record and the examiner’s knowledge does not disclose or suggest a second filtering layer of a polymer or metal organic framework disposed in between a pair of interdigitated electrodes and a sensing layer, the second filtering layer enhancing a selectivity of the sensing layer to VOC vapor, in combination with the limitations of the parent claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent 8,154,093 issued to Bradley et al. (“Bradley”) is cited for all that it discloses including a sensor that includes a sensing layer and a filtering layer for detecting VOC vapor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN N OLAMIT whose telephone number is (571)270-1969. The examiner can normally be reached M-F, 8 am - 5 pm (Pacific).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN N OLAMIT/Primary Examiner, Art Unit 2853
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