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 .
Claim Objections
Claims 12-14 are objected to because of the following informalities:
In claim 12, the term "a outer housing" should be "an outer housing".
In claim 13, the term "one of the passband filters specific to ethane or p an inlet" should be "one of the passband filters specific to ethane or p, an inlet".
As to claim 14, claim 14 is also objected because they are dependent on the objected claim 13 as set forth above.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings fail to show “a second gas absorption cell serially connected to the at least one gas absorption cell; an inlet connected to the outlet of the particulate filter and an exhaust outlet for exhausting gas from the emissions sampling apparatus” (as recited in claim 13) in a broadest sense. The drawings must show every feature of the invention specified in the claims. Therefore, limitations of “a second gas absorption cell serially connected to the at least one gas absorption cell; an inlet connected to the outlet of the particulate filter and an exhaust outlet for exhausting gas from the emissions sampling apparatus” (as recited in claim 13) 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. “a second gas absorption cell serially connected to the at least one gas absorption cell; an inlet connected to the outlet of the particulate filter and an exhaust outlet for exhausting gas from the emissions sampling apparatus” (as recited in claim 13) in the instant specification.
Note that the instant specification must consistently reflect claimed limitations.
Appropriate correction is required.
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.
Claims 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
As to claim 13, limitations of “one of the passband filters specific to ethane or p” render the claim indefinite. What is “p”? Hence, it is unclear.
As to claim 13, limitations of “the gas absorption cell having a first end with an emitter comprising a reflector and an infrared source, a second end with at least one detector and at least two passband filters with one of the passband filters specific to methane or nitrogen dioxide and another of the passband filters specific to hydrocarbons” render the claim indefinite. These limitations of “one of the passband filters specific to methane or nitrogen dioxide and another of the passband filters specific to hydrocarbons” appear to describe a different gas absorption cell rather than “the gas absorption cell” as recited in claim 1. Is this a third gas absorption cell? This third gas absorption cell and second gas absorption cell and (the gas absorption cell recited in claim 1) are serially connected? Hence, it is unclear.
As to claim 14, claim 14 is also rejected because they are dependent on the rejected claim 13 as set forth above.
Allowable Subject Matter
Claims 1-11 are allowable. Note that claims 12-14 are allowable once objections and 112 rejections are corrected/overcome.
The following is an examiner’s statement of reasons for allowance:
Sunada – US 20190339172 teaches an emissions sampling apparatus for sampling from a stack ([0046]: vapor-phase samples is sampled and conditioned for condensate removal, particulates removal, and drying, prior to analysis in a gas analyzer; [0003]: emissions stream is monitored for i.e. sulfur; [0021]: a sample of a process gas (“sample gas”) is withdrawn from a sampling location (e.g., a stack, etc.); thus “an emissions sampling apparatus for sampling from a stack”) comprising: a hybrid cooler/dryer 100, which includes arrangements/devices for providing: passive heat exchange, optional passive cooling, condensate and particulates removal, and membrane drying. In some cases, the hybrid cooler/dryer is permanently installed at a facility, such as a petrochemical plant or petroleum refinery, between a sampling location and a gas analyzer for analyzing the sample ([0020]); hybrid cooler/dryer 300 may use a pump ([0070]).
Johns – US 20100206042 teaches an apparatus configured to monitor emissions. The apparatus includes a sampling chamber, a gas analyzer, and a particulate matter analyzer. The sampling chamber is configured to receive a portion of an exhaust flow from an exhaust stack. The portion of the exhaust flow comprises one or more gases and particulate matter. The gas analyzer is configured to receive the portion of the exhaust flow to measure at least one emission level of the one or more gases using a laser and output a signal indicative thereof. The particulate matter analyzer is operatively connected to the sampling chamber and is configured to measure the particulate matter using optics and output a signal indicative thereof (abstract).
Higashi – US 20160348561 teaches an analyzing apparatus 100 is installed in a ship ([0115]), an analyzing apparatus for analyzing a gas component, including a collecting nozzle configured to collect a to-be-analyzed gas, a liquid collecting unit configured to collect a liquid component contained in the to-be-analyzed gas collected by the collecting nozzle and to allow the to-be-analyzed gas to pass therethrough, a liquid discharging unit configured to discharge the liquid component collected by the liquid collecting unit, and an analyzing unit configured to analyze a gas component of the to-be-analyzed gas that has passed through the liquid collecting unit ([0008]).
Zhu – Translate_CN 105865853 B teaches an online analysis system for ship exhaust emission, comprises a smoke sampling unit (1), a smoke pretreatment device (2), a smoke analysis system (3), a smoke parameter measuring system, an automatic back-blowing control system (4), a data acquisition and processing system (5), a smoke monitoring system (6), a flue (7), a gas testing chamber (8) and an analysis instrument cabinet (9); the sample gas pretreatment unit comprises a first compressor type condensation dryer, a second compressor type condensation dryer, a corrosion-resistant air pump (212), a liquid discharge peristaltic pump (213), an aerosol filter (214), a fine filter (215), a filtering pressure reducing valve (216), a pre-processor (217) (see abstract and claim 1).
However, Sunada, Johns, Higashi, and Zhu fail to disclose a gas drying tube connected to the gas output of the condenser chamber, the gas drying tube comprising: a first hollow tube having a first hollow tube inlet connected to the gas output of the condenser chamber and a first hollow tube outlet connected to a particulate filter; and a second hollow tube surrounding the first hollow tube, the second hollow tube having a second hollow tube inlet and a second hollow tube outlet connected to a gas exit, in combination with the remaining limitations of an emissions sampling apparatus for sampling from an exhaust stack of a maritime vessel, as claimed in independent claim 1.
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.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 on Monday – Friday 12pm-8pm.
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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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/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855