DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restriction
Claims 16-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/7/26.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character not mentioned in the description: “250” shown in figure 8. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 specification is objected to because of the following informalities:
The specification is objected to because it does not mention reference character “250” shown in figure 8.
Appropriate correction is required.
Claim Objections
Claims 8 and 10-15 are objected to because of the following informalities:
In claim 8, “a transition” should be changed to --the transition-- in line 5.
In claim 10, “a sample” should be changed to --the sample-- in line 1; and “a thermal” should be changed to --the thermal-- in line 2.
In claim 11, “a sample” should be changed to --the sample-- in line 3; and “a temperature” should be changed to --the temperature-- in line 10.
In claim 12, --of-- should be added after “inside” in line 1.
In claims 13-15, --,-- should be added after “11” in line 1.
In claim 15, “further comprising” should be changed to --wherein-- in line 1; and “to change” should be changed to --comprises changing-- in lines 1-2.
Appropriate correction 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.
Claims 1, 3, 6, 10-13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2011247739A to Takada (see the attached translation).
Referring to claim 1, Takada discloses (figures 1, 2, 5; paragraphs 22, 23, 25, 27, 31, 35, 36, 43, 45, 46) a sample pan (100) for a thermal analysis instrument, comprising:
a pan body (110) having an internal volume (125) to receive a sample (S) and a gas path (118) extending from the internal volume (125) to an external surface of the pan body (110) (paragraphs 22, 23);
a sealing element (120) disposed in the gas path (118) to obstruct the gas path and thereby seal the internal volume (125) from an external environment, the sealing element (120) comprising a thermally sensitive material that changes a shape (deforms) of the sealing element (120) in response to a change in a temperature of the external environment to a transition temperature (melting point) (paragraphs 25, 27, 31), wherein the change in shape exposes the internal volume (125) to the external environment through the gas path (118) (paragraphs 27, 31).
Referring to claim 3, Takada discloses that the sealing element (120) is disposed on the external surface of the pan body (110) at an end of the gas path (118) (figure 3).
Referring to claim 6, Takada discloses that the sealing element (120) comprises a plug made of a material having a melting temperature at the transition temperature (paragraph 27).
Referring to claim 10, Takada discloses that the sample pan (100) holds the sample (S) during measurement by the thermal analysis instrument (150) and the transition temperature (e.g., 156.6ºC) being less than a lowest temperature in a measurement temperature range (e.g., 200-300ºC) (paragraph 28).
Referring to claim 11, Takada discloses (figures 1-5, 8; paragraphs 22, 23, 25, 27, 31, 35, 36, 41-43, 45, 46) a method for preparing a sample (S) for a thermal analysis instrument (150), the method comprising:
loading the sample (S) into an internal volume (125) of a sample pan (100), the sample pan (100) having a gas path (118) from the internal volume (125) through the sample pan (100) to an external environment (figure 3; paragraphs 22, 23);
sealing the sample (S) in the sample pan (100) with a sealing element (120) that obstructs the gas path (118) from the internal volume (125) to the external environment, the sealing element (120) comprising a thermally sensitive material that changes a shape (deforms) of the sealing element (120) in response to a change in a temperature of the external environment to a transition temperature (melting point) (paragraphs 25, 27, 31);
loading the sample pan (100) into the thermal analysis instrument (150) (paragraph 36); and
operating the thermal analysis instrument (150) to change a temperature of the external environment of the sample pan (100) to at least the transition temperature, wherein the change in the shape (deformation) removes the obstruction from the gas path (118) that the internal volume (125) communicates with the external environment (paragraphs 41, 42).
Referring to claim 12, Takada discloses that the external environment is defined inside of the thermal analysis instrument (150), the method further comprising purging the external environment with a user-selected gas (inert gas) after the loading of the sample pan (100) into the thermal analysis instrument (150) and before operating the thermal analysis instrument (150) to change the temperature of the external environment (paragraphs 38, 39).
Referring to claim 13, Takada discloses that operating the thermal analysis instrument (150) comprises increasing the temperature of the external environment of the sample pan (100) (paragraphs 38, 39).
Referring to claim 15, Takada discloses (paragraph 28) operating the thermal analysis instrument to change the temperature through a measurement temperature range (200-300ºC) that does not include the transition temperature (156.6ºC).
Claims 1-3, 8, 9, 11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2003075382A to Kaneko et al [hereinafter Kaneko] (see the attached translation).
Referring to claim 1, Kaneko discloses (figures 1, 5; paragraphs 15, 16, 18, 22, 23, 25-28) a sample pan for a thermal analysis instrument (100), comprising:
a pan body (20) having an internal volume (20a) to receive a sample and a gas path (30a) extending from the internal volume (20a) to an external surface of the pan body (20) (paragraphs 18, 22);
a sealing element (31/40) disposed in the gas path (30a) to obstruct the gas path (30a) and thereby seal the internal volume (20a) from an external environment, the sealing element (31/40) comprising a thermally sensitive material (shape memory material) that changes a shape of the sealing element (31/40) in response to a change in a temperature of the external environment to a transition temperature (measurement temperature) (paragraphs 26-28), wherein the change in shape exposes the internal volume (20a) to the external environment through the gas path (30a) (paragraphs 26-28).
Referring to claim 2, Kaneko discloses that the sealing element (31/40) comprises a plug made of a shape memory material (40) (paragraph 22).
Referring to claim 3, Kaneko discloses that the sealing element (31/40) is disposed on the external surface of the pan body (20) at an end of the gas path (30a) (figure 1; paragraphs 22, 23, 25, 27, 28).
Referring to claim 8, Kaneko discloses that the sealing element (31/40) comprises a plug (31) disposed in the gas path (30a); and an actuator element (40) coupled to the plug (31) and made of a shape memory material (paragraphs 22, 23), the actuator element (40) having a shape that changes in response to the change in the temperature of the external environment to the transition temperature (measurement temperature) and wherein a change in the shape of the actuator element (40) removes the plug (31) from the gas path (paragraphs 22, 23).
Referring to claim 9, Kaneko discloses that the actuator element (40) is a spring made of a shape memory metal (paragraph 22).
Referring to claim 11, Kaneko discloses (figures 1, 5; paragraphs 15, 16, 18, 22, 23, 25-28) a method for preparing a sample for a thermal analysis instrument (100), the method comprising:
loading the sample into an internal volume (20a) of a sample pan, the sample pan having a gas path (30a) from the internal volume (20a) through the sample pan to an external environment (figure 1; paragraphs 18, 22);
sealing the sample in the sample pan with a sealing element (31/40) that obstructs the gas path (30a) from the internal volume (20a) to the external environment, the sealing element (31/40) comprising a thermally sensitive material (shape memory material) that changes a shape of the sealing element (40 of 31/40) in response to a change in a temperature of the external environment to a transition temperature (measurement temperature) (paragraphs 22, 26-28);
loading the sample pan into the thermal analysis instrument (100) (paragraph 26); and
operating the thermal analysis instrument (100) to change a temperature of the external environment of the sample pan to at least the transition temperature, wherein the change in the shape removes the obstruction from the gas path (30a) that the internal volume (20a) communicates with the external environment (paragraphs 26-28).
Referring to claim 13, Kaneko discloses that operating the thermal analysis instrument (100) comprises increasing the temperature of the external environment of the sample pan (paragraphs 26-28).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Takada.
Referring to claim 7, Takada discloses a pan having all of the limitations of claim 7, as stated above with respect to claim 1, and further discloses that the sealing element is made of metal (paragraph 27), but does not disclose the sealing element comprising a metallic plug having a surface with a meltable layer formed thereon.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the sealing element of Takada comprise a metallic plug having a surface with a meltable layer formed thereon, since Takada discloses that the sealing element is made of metal, in order to provide a desired melting temperature for the sealing element.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kaneko.
Referring to claim 14, Kaneko discloses a method having all of the limitations of claim 14, as stated above with respect to claim 11, except for the operating of the thermal analysis instrument comprising decreasing the temperature of the external environment of the sample pan.
However, Kaneko discloses that the sealing element comprises a shape memory material, which is at a certain length at room temperature and returns to its original shape (reduced length) when it reaches the measurement temperature in order to open the gas path (paragraphs 22, 23).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to operate the thermal analysis instrument of Kaneko so that it decreases the temperature of the external environment of the sample pan in order to return to room temperature in order to close the gas path after the analysis, which Kaneko suggests is desirable.
Allowable Subject Matter
Claims 4 and 5 are 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:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A sample pan for a thermal analysis instrument, wherein the sealing element is a seal ring disposed between internal surfaces of the pan body (claim 4); and wherein the pan body has a circumferential wall with a channel therein and wherein the sealing element is a seal ring disposed on the external surface of the circumferential wall (claim 5).
Conclusion
The references made of record and not relied upon by the examiner (U.S. Patent 3285470 to Frei et al discloses a sealing element that changes shape with temperature changes, and U.S. Patent 2,997,206 to Vandegaer et al discloses a sealing element that melts at a threshold temperature) are considered pertinent to applicant's disclosure by disclosing a thermally actuated seal, but does not disclose the allowable subject matter stated above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
7/20/26
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