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 Amendments
Entry of Amendments
Claim(s) 1, 5, 13-14, 16-18, 24, 31, 34-35, 38, 41, 47-48 have been amended.
Claim(s) 3-4, 6-7, 10-12, 15, 19-21, 23, 25-28, 30, 32-33, 36-37, 39-40, 42-46 have been canceled.
Rejections under 35 USC 112
Previous 112 rejections for Claim(s) 38, 41 and 47-48 are now withdrawn as amendments made to claim(s) 38, 41 and 47-48 have overcome the previous 112 rejections.
Rejections under 35 USC 102 and 103
Applicant’s amendments filed 02/09/2026 with respect to Claim(s) 1-2, 5, 8-9, 13-14, 16-18, 22, 24, 29, 31, 34-35, 38, 41 and 47-48 have been fully considered but they are not persuasive.
Applicant(s) have amended independent claim(s) 1, 8, 16 and 34 to patentably distinguish over prior art of FLANDIN alone or in combination with others, however the Examiner believes that FLANDIN alone or in combination with others still teaches the amended limitations.
As to applicant(s) argument of [1] “the obviousness rejection of that claim
is improper at least because the cited art does not cover "a memory storing instructions that, when executed by the processor, cause the processor to perform acts comprising: energizing the wire coil of the solenoid valve, ... and determining a pre-failure status when the signal is outside a predetermined range."… fundamentally differs from the analyzer of claim 1 because the separation of the valve from the various other components described in Flandin means that Flandin cannot be treated as having memory with instructions which would cause a processor to both energize a wire coil of a solenoid valve and determine a pre-failure status when the signal is outside a predetermined range.”, the Examiner respectfully disagrees. Claim(s) 1 and 8 recite a solenoid valve, a processor and memory as separate entities of automated analyzer system. Firstly, there is no limitation for them not to be separated and be within any form of common enclosure, rather “a processor in electrical communication with the solenoid valve”. Claim(s) do not require a single integrated processor and memory structure with a solenoid valve. Secondly, Flandin’s data analyzer 250 includes processor 254 and memory 256 in figs. 2,6 in electrical communications (@25,260,23) with diagnostic device 100, 200, control unit 60, valve actuation mechanism 50 configured to perform both actions of energizing the wire coil and determining pre-failure status. See also para. 73 - “Data analyzer 250 which may comprise one or more suitable configurable processors 254 or which may be connectable to one or more suitable external processors may analyze or display the data received from valve-diagnostic device 100, 200 … via a wired or wireless (e.g. Bluetooth™) connection … data analyzer 250 may also transmit information such as calibration information, sensitivity settings for the sensors, or software updates to valve-diagnostic device 100, 200. Data analyzer 250 may, in some embodiments, provide power to valve-diagnostic device 100 through this connection.” Separation of testing device and valve being tested do not appear to be a limiting factor for a processor or a group of connected processors with memory for not being able to perform recited actions. Therefore, Examiner believes Flandin teaches the claim limitation.
Based on the arguments presented above, the Examiner strongly believes FLANDIN alone or in combination with others meets the current limitations for Claim(s) 1-2, 5, 8-9, 13-14, 16-18, 22, 24, 29, 31, 34-35, 38, 41 and 47-48.
For further details see the rejections/objections for Claim(s) 1-2, 5, 8-9, 13-14, 16-18, 22, 24, 29, 31, 34-35, 38, 41 and 47-48 herein.
Claim Objections
Claim(s) 1, 5, 8, 16 and 34 are objected to because of the following informalities:
Claim 1 recites a term “the coil” in line 6. Examiner suggests amending the term to recite “the wire coil” to restore antecedent clarity.
Claim 5 recites a phrase “at the time pre-failure status determination was made” in line 7. Examiner suggests amending the phrase to recite “at a time the pre-failure status determination was made” to restore clarity.
Claim 8 recites a term “a solenoid valve” in line 7. Examiner suggests amending the term to recite “the solenoid valve” to restore antecedent clarity.
Claim 16 recites a phrase “solenoid valve in the plurality of solenoid valves” in line 11. Examiner suggests amending the phrase to recite “solenoid valve from the plurality of solenoid valves” to restore clarity.
Claim 34 recites a term “a solenoid valve” in line 3. Examiner suggests amending the term to recite “the solenoid valve” to restore antecedent clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 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 of this title, 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) 1-2, 8-9, 13, 16-17, 22, 24, 29, 34-35, 41 and 47-48 are rejected under 35 U.S.C. 103 as being unpatentable over FLANDIN et al. (US 20200355295; hereinafter FLANDIN).
Regarding claim 1, FLANDIN teaches in figure(s) 1-9 An automated analyzer comprising:
a solenoid valve (para. 5 - A solenoid valve; 10 fig. 2) comprising:
a valve body defining a cavity (cavity of 10; fig. 2),
a plunger (plunger 51) located at least partially within the cavity, and
a wire coil (para. 38 - actuator mechanism 50 may comprise a coil wrapped around a magnetic plunger) located proximate a portion of the plunger;
a sensor (sensor 110,120; figs. 1,7) located proximate the coil;
a processor (Valve-diagnostic device 100, 200 and/or data analyzer 250, control unit 60; para. 15 - data analyzer may comprise a computing device (e.g. personal computer, laptop) and/or other devices having a processor; 250, 254 figs. 2,6) in electrical communication with the sensor and the solenoid valve (para. 73 - Data analyzer 250 which may comprise one or more suitable configurable processors 254 or which may be connectable to one or more suitable external processors may analyze or display the data received from valve-diagnostic device 100, 200 … via a wired or wireless (e.g. Bluetooth™) connection … data analyzer 250 may also transmit information such as calibration information, sensitivity settings for the sensors, or software updates to valve-diagnostic device 100, 200. Data analyzer 250 may, in some embodiments, provide power to valve-diagnostic device 100 through this connection); and
a memory (memory 256; fig. 6) storing instructions that, when executed by the processor, cause the processor to perform actions comprising:
energizing the wire coil of the solenoid valve (para. 4 - electromechanical valve that relies on driving electric current through a solenoid to actuate an electromagnetic movable valve member, such as a core or plunger; para. 60 - coil in actuator mechanism 50 is energized when the voltage of control signal is pulled to ground),
receiving a signal from the sensor, the signal correlated to a magnetic flux proximate the solenoid valve (para. 12 - devices for detecting one or a combination of mechanical motion and/or electromagnetic fields or signals at or near an electrically-actuated valve), and
determining a pre-failure status when the signal is outside a predetermined range (para. 66 - if time delays 208 are less than, but close to, their corresponding thresholds T.sub.ON, T.sub.OFF this may indicate that valve 10 is close to failing. Valve 10 may then be repaired or replaced before ever reaching the fail state where time delay 208A is greater than threshold time delay T.sub.ON.; para. 60 - detecting small or missing transients, which may be indicative of a problem in the coil control circuitry; fig. 8).
FLANDIN teaches claimed limitations in separate embodiments of figures 1-8.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine different featured embodiments of FLANDIN since such an implementation can increase the effectiveness based on use case of the automated analyzer apparatus with desirable and combinable features as suggested by "In some embodiments, sensors can be connected to a data analyzer to allow for comparison and integrated analysis of sensor readings. The data analyzer can process sensor readings from different types of sensors (e.g. automatically) to determine various characteristics of the valve… The set of sensors integrated in the device may comprise one or a combination of mechanical sensors, electric sensors, magnetic sensors, electromagnetic sensors, thermal sensors, and/or acoustic sensors. Each sensor can be a standalone component and/or built into the device. There can be more than one of each type of sensor within the device" (paras. 16-17 of FLANDIN).
Regarding claim 2, FLANDIN teaches in figure(s) 1-9 the automated analyzer of claim 1, wherein the signal is a voltage and the signal outside the predetermined range includes the voltage being below a preset voltage (para. 27 - valve-diagnostic device in response to measuring the voltage or current (and/or corresponding magnetic field) associated with electrical driving signals in the actuator mechanism of the electrically-actuated valve; para. 60 - a rapid and intense voltage transient … detecting small or missing transients, which may be indicative of a problem in the coil control circuitry; para. 62 - size of oscillations 206 may be about the same (in a normally functioning valve); fig. 5).
Regarding claim 8, FLANDIN teaches in figure(s) 1-9 a system for controlling an automated analyzer, the system comprising:
a processor (Valve-diagnostic device 100, 200 and/or data analyzer 250, control unit 60; para. 15 - data analyzer may comprise a computing device (e.g. personal computer, laptop) and/or other devices having a processor; 250, 254 figs. 2,6); and
a memory (memory 256; fig. 6) storing instructions that, when executed by the processor, cause the processor to perform actions comprising:
transmitting a control signal (260,24; fig. 2) to a solenoid valve (para. 5 - A solenoid valve; 10; fig. 2) of the automated analyzer, the control signal operative to actuate a solenoid valve of the automated analyzer (analyzer of fig. 2),
receiving an output signal (para. 80 - electrical (inductive) sensor 120B which generates corresponding electrical (inductive) sensor signal 234B all of which may be substantially similar to (and comprise similar features to) sensors 110, 120A, 120B and sensor signals 232, 234A, 234B; para. 60 - electrical sensor signal 234 may exhibit “spikes” or transients 202) from a sensor (sensor 110,120; figs. 1,7) located proximate a coil (para. 38 - actuator mechanism 50 may comprise a coil wrapped around a magnetic plunger) of the solenoid valve, the output signal correlated to a magnetic flux proximate the coil of the solenoid valve (para. 20 - a valve characterizing device may comprise a primary electromagnetic field sensor and a secondary electromagnetic field sensor located on different parts of the device. The device itself and/or a data analyzer connected to the device…Signals detected by the primary and secondary sensors can be transmitted to the data analyzer to determine comprehensive characterization metrics),
determining a pre-failure status when the magnetic flux is outside a predetermined value (para. 66 - if time delays 208 are less than, but close to, their corresponding thresholds T.sub.ON, T.sub.OFF this may indicate that valve 10 is close to failing. Valve 10 may then be repaired or replaced before ever reaching the fail state where time delay 208A is greater than threshold time delay T.sub.ON.; para. 60 - detecting small or missing transients, which may be indicative of a problem in the coil control circuitry; fig. 8), and generating an indication of the pre-failure status upon determining the pre-failure status (clm. 75 - displaying, by the data analyzer, an output based on the mechanical sensor signal and the electrical sensor signal, the output useable to ascertain the operational status of the electrically-actuated valve).
FLANDIN teaches claimed limitations in separate embodiments of figures 1-8.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine different featured embodiments of FLANDIN since such an implementation can increase the effectiveness based on use case of the automated analyzer apparatus with desirable and combinable features as suggested by "In some embodiments, sensors can be connected to a data analyzer to allow for comparison and integrated analysis of sensor readings. The data analyzer can process sensor readings from different types of sensors (e.g. automatically) to determine various characteristics of the valve… The set of sensors integrated in the device may comprise one or a combination of mechanical sensors, electric sensors, magnetic sensors, electromagnetic sensors, thermal sensors, and/or acoustic sensors. Each sensor can be a standalone component and/or built into the device. There can be more than one of each type of sensor within the device" (paras. 16-17 of FLANDIN).
Regarding claim 9, FLANDIN teaches in figure(s) 1-9 the system of claim 8, wherein the output signal is a voltage and the output signal outside the predetermined range includes the voltage being below a preset voltage (para. 27 - valve-diagnostic device in response to measuring the voltage or current (and/or corresponding magnetic field) associated with electrical driving signals in the actuator mechanism of the electrically-actuated valve; para. 60 - a rapid and intense voltage transient … detecting small or missing transients, which may be indicative of a problem in the coil control circuitry; para. 62 - size of oscillations 206 may be about the same (in a normally functioning valve); fig. 5).
Regarding claim 13, FLANDIN teaches in figure(s) 1-9 the system of claim 8, wherein the system is a component of the automated analyzer (para. 4 - An electrically-actuated valve or electrically-operated valve is used to describe a valve whose actuating mechanism is controllable using an electrical signal (typically from a programmable logic controller (PLC), or some other type of electronic control module (ECM), such as an engine control unit (ECU), powertrain control module (PCM), and/or the like); and the automated analyzer is an automated fluid analyzer adapted to determining parameters of fluid samples through performing assays (para. 5 - pressure sensors that detect fluid pressure fluctuations associated with the operation of the valve).
Regarding claim 16, FLANDIN teaches in figure(s) 1-9 a system for determining at least one parameter of a fluid sample (para. 5 - pressure sensors that detect fluid pressure fluctuations associated with the operation of the valve (e.g. the position of the movable valve member; and electrical sensors or electrical test instruments (e.g. oscilloscopes) that measure the electrical control signals being provided to the valve at the valve control input or that measure the electrical characteristics of the signal appearing across the solenoid of a solenoid-based valve), the system comprising:
A plurality of solenoid valves, wherein each solenoid valve (para. 67 - valve 10 and/or for each of a plurality of electrically-actuated valves; 10 fig. 2) from the plurality of solenoid valves comprises:
a valve body (body of 10; fig. 2);
a plunger (plunger 51) located at least partially within the valve body, the plunger movable between a first position and a second position (para. 5 -detect fluid pressure fluctuations associated with the operation of the valve … position of the movable valve member), and
a coil (para. 38 - actuator mechanism 50 may comprise a coil wrapped around a magnetic plunger) circumscribing at least a portion of the plunger, the coil arranged to magnetize the plunger when in an energized state (para. 38 - actuator mechanism 50 may comprise a coil wrapped around a magnetic plunger… moveable part 51 is provided by the magnetic plunger and control signal 24 may cause current to flow through the coil, thereby resulting in the application of magnetic force 23 to moveable part 51);
a plurality of sensors, wherein each sensor from the plurality of sensors has a corresponding solenoid valve in the plurality of solenoid valves (para. 67 - time delays 208 may be measured for a plurality of different valves of the same type and the averages or means of these time delays 208 may serve as proxies for the unknown threshold time delays T.sub.ON, T.sub.OFF, against which an individual electrically-actuated valve 10 may be tested to determine if it is in (or close to) the fail state), wherein each sensor (sensor 110,120; para. 64 - measure time delays 208…Valve-diagnostic device 100 permits such simultaneous measurement by housing both electrical sensor 120 (which detects control signal 24 and generates electrical sensor signal 234 and mechanical sensor 110 which detects movement of movable part 51 and generates mechanical sensor signal 232 on body 102; figs. 1,7) from the plurality of sensors:
is arranged proximate the coil (para. 94 - electrical sensor 120 is housed at proximal end 102A of body 102),
is configured to:
detect a variation of a magnetic field proximate the coil (para. 20 - a valve characterizing device may comprise a primary electromagnetic field sensor and a secondary electromagnetic field sensor located on different parts of the device. The device itself and/or a data analyzer connected to the device…Signals detected by the primary and secondary sensors can be transmitted to the data analyzer to determine comprehensive characterization metrics) of that sensor’s corresponding solenoid valve, and
output an output signal (para. 80 - electrical (inductive) sensor 120B which generates corresponding electrical (inductive) sensor signal 234B all of which may be substantially similar to (and comprise similar features to) sensors 110, 120A, 120B and sensor signals 232, 234A, 234B); and
a processor (Valve-diagnostic device 100, 200 and/or data analyzer 250, control unit 60; para. 15 - data analyzer may comprise a computing device (e.g. personal computer, laptop) and/or other devices having a processor; 250, 254 figs. 2,6) in electrical communication with each solenoid valve (10) of the plurality of solenoid valves and each sensor (110,120) from the plurality of sensors, the processor operative to perform actions comprising determining for each sensors from the plurality of sensors when the output signal from that sensor deviates from a threshold (para. 67 - valve 10 under consideration may “fail”, for example, if any of its measured time delays 208 are greater than a deviation threshold T.sub.DEV. This deviation threshold T.sub.DEV may be based on the standard deviation … valve 10 may additionally or alternatively fail if the standard deviation a of its response times is greater than a suitable threshold σ.sub.MAX; para. 65 - Thresholds T.sub.ON, T.sub.OFF may vary for individual valves 10, or for different types of valves 10 and may be user-configurable for this purpose; para. 60 - detecting small or missing transients, which may be indicative of a problem in the coil control circuitry; fig. 5) for that sensor.
FLANDIN teaches claimed limitations in separate embodiments of figures 1-8.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine different featured embodiments of FLANDIN since such an implementation can improve effectiveness, cost and applicability based on use case of the automated analyzer apparatus with desirable and combinable features as suggested by "In some embodiments, sensors can be connected to a data analyzer to allow for comparison and integrated analysis of sensor readings. The data analyzer can process sensor readings from different types of sensors (e.g. automatically) to determine various characteristics of the valve… The set of sensors integrated in the device may comprise one or a combination of mechanical sensors, electric sensors, magnetic sensors, electromagnetic sensors, thermal sensors, and/or acoustic sensors. Each sensor can be a standalone component and/or built into the device. There can be more than one of each type of sensor within the device … data analyzer can process sensor readings from different types of sensors (e.g. automatically) to determine various characteristics of the valve … reduce costs, and allow a simplified user interface" (paras. 16-19 of FLANDIN).
Regarding claim 17, FLANDIN teaches in figure(s) 1-9 the system of claim 16, wherein at least one sensor of the sensors is a linear-hall effect sensor (clm. 56 - Hall effect sensor).
Regarding claim 22, FLANDIN teaches in figure(s) 1-9 the system of claim 16, wherein determining when the output signal deviates from the threshold comprises: the processor comparing the output signal to a time difference between the first position and the second position of the plunger, the first position being a closed state and the second position being an open state (para. 39 - moveable part 51 may move between its normally open/closed position; paras. 40-43 :- measure or determine a number of properties of electrically-actuated valve 10. characteristics of the movement of movable part 51 (e.g. timing characteristics associated with when moveable part 51 opens and/or how long moveable part 51 remains open to allow fluid flow through valve 10 and/or when moveable part 51 closes and/or how long moveable part 51 remains closed to prevent fluid flow through valve 10) length of delay between control signal 24 becoming active and movable part 51 opening (in the case of a normally closed valve) or closing (in the case of a normally opened valve);); or the processor comparing the output signal to a time difference between the second position of the plunger, the second position being an open state.
Regarding claim 24, FLANDIN teaches in figure(s) 1-9 the system of claim 16, wherein determining when the output signal deviates from the threshold comprises: the processor comparing the output signal to a decline time when plunger transitions to the first position, the first position being a closed state; the processor comparing the output signal to a maximum value when the plunger is in the second state (para. 70 - comparing the rise time to the decay time (and/or the exponential time constant associated with asymptotic rise 212A to the exponential time constant associated with decay 212B) to ascertain problems with valve 10) and an alternating current is supplied to create the energized state (para. 70 - time constants of the energizing and discharging of the solenoid in actuator mechanism 50 and are reflective of the health of the circuits.); the processor comparing the output signal to a maximum value during a time period when the plunger is in the second position; the processor comparing the output signal to a mean value when the plunger is in the second position; or the processor comparing the output signal to a mean value during a time period when the plunger is in the second position (para. 67 - valve 10 under consideration may fail if the standard deviation a determined over a number of valve cycles is greater than some percentage of the mean time delay 208 of the number of valve cycles (e.g. σ>σ.sub.MAX=20% of the mean; σ>σ.sub.MAX=10% of the mean; σ>σ.sub.MAX=30% of the mean).).
Regarding claim 29, FLANDIN teaches in figure(s) 1-9 the system of claim 16, wherein determining when the output signal deviates from the threshold comprises the processor comparing the output signal to a rising integral of the output signal (para. 69 - output of such an inductive sensor 120B may be integrated (in the analog or digital domain) to obtain an electrical sensor signal 234B); or the processor comparing the output signal to a decreasing integral of the output signal.
Regarding claim 34, FLANDIN teaches in figure(s) 1-9 a method for controlling an automated analyzer having a solenoid valve, the method comprising:
generating a magnetic field proximate a coil of a solenoid valve by energizing the coil of the solenoid valve (para. 53 - Electrical sensor 120 may detect, for example, electrical characteristics e.g. current and/or voltage associated with control signal 24, electrical characteristics e.g. electric field associated with actuator mechanism 50 or some other aspect of valve 10, electromagnetic characteristics e.g. magnetic field associated with actuator mechanism 50 e.g. in the coil of actuator mechanism 50 or some other aspect of valve 10, or a combination of these; para. 54 - electrical sensor 120 may additionally or alternatively comprise an inductive sensor which may comprise an inductor which is sensitive to the changes in the magnetic field associated with electrical driving signals and power supply of actuator mechanism 50 e.g. in the coil of actuator mechanism 50);
receiving, by a computing device (Valve-diagnostic device 100, 200 and/or data analyzer 250, control unit 60; para. 15 - data analyzer may comprise a computing device (e.g. personal computer, laptop) and/or other devices having a processor; 250, 254 figs. 2,6), an output signal (para. 80 - electrical (inductive) sensor 120B which generates corresponding electrical (inductive) sensor signal 234B all of which may be substantially similar to (and comprise similar features to) sensors 110, 120A, 120B and sensor signals 232, 234A, 234B; para. 60 - electrical sensor signal 234 may exhibit “spikes” or transients 202) from a sensor located proximate a coil (para. 38 - actuator mechanism 50 may comprise a coil wrapped around a magnetic plunger) of the solenoid valve (para. 5 - A solenoid valve; 10; fig. 2);
determining, by the computing device, a variation of the magnetic field proximate the coil of the solenoid valve while the coil of the solenoid valve is energized based on the output signal of the sensor (para. 20 - a valve characterizing device may comprise a primary electromagnetic field sensor and a secondary electromagnetic field sensor located on different parts of the device. The device itself and/or a data analyzer connected to the device…Signals detected by the primary and secondary sensors can be transmitted to the data analyzer to determine comprehensive characterization metrics);
determining, by the computing device, a pre-failure status when the variation of the magnetic field is outside a predetermined range (para. 66 - if time delays 208 are less than, but close to, their corresponding thresholds T.sub.ON, T.sub.OFF this may indicate that valve 10 is close to failing. Valve 10 may then be repaired or replaced before ever reaching the fail state where time delay 208A is greater than threshold time delay T.sub.ON.; para. 60 - detecting small or missing transients, which may be indicative of a problem in the coil control circuitry; fig. 8).
FLANDIN teaches claimed limitations in separate embodiments of figures 1-8.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine different featured embodiments of FLANDIN since such an implementation can increase the effectiveness based on use case of the automated analyzer apparatus with desirable and combinable features as suggested by "In some embodiments, sensors can be connected to a data analyzer to allow for comparison and integrated analysis of sensor readings. The data analyzer can process sensor readings from different types of sensors (e.g. automatically) to determine various characteristics of the valve… The set of sensors integrated in the device may comprise one or a combination of mechanical sensors, electric sensors, magnetic sensors, electromagnetic sensors, thermal sensors, and/or acoustic sensors. Each sensor can be a standalone component and/or built into the device. There can be more than one of each type of sensor within the device" (paras. 16-17 of FLANDIN).
Regarding claim 35, FLANDIN teaches in figure(s) 1-9 the method of claim 34, further comprising: correlating the output signal to a magnetic flux of the magnetic field; or converting the output signal into a waveform (para. 6 - voltage waveform observed on an oscilloscope); and determining when the waveform deviates from a predefine waveform by the predetermined range (para. 70 - rise times or decay times may represent the times between 5% and 95% of the amplitude change (e.g. the total amplitude change in a waveform like that of signal 234B).
Regarding claim 41, FLANDIN teaches in figure(s) 1-9 the method of claim 40, further comprising:
generating an indication upon determining the pre-failure status; discontinuing an assay procedure after a predetermined time after determining the pre-failure status; initiating a self-diagnostic testing procedure upon determining the pre-failure status; and either evaluating system integrity using a sample of know concentration after determining the pre-failure status; or evaluating a fluid substance using the automated analyzer (para. 5 - pressure sensors that detect fluid pressure fluctuations associated with the operation of the valve).
Regarding claim 47, FLANDIN teaches in figure(s) 1-9 At least one non-transitory computer-readable medium (para. 75 - Processor 254 may be configured to perform particular functionalities using suitable software. processed by processor 254 and stored in memory 256) comprising instructions to perform the method of claim 34.
Regarding claim 48, FLANDIN teaches in figure(s) 1-9 An apparatus (para. 114 - systems, methods and apparatus) comprising a processor (254) ; and a non-transitory computer readable medium (256) having stored thereon instructions for performing the method of claim 34.
Allowable Subject Matter
Claim(s) 5, 14, 18, 31, 38 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKM ZAKARIA whose telephone number is (571)270-0664. The examiner can normally be reached on 8-5 PM (PST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JUDY NGUYEN can be reached on 571-272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKM ZAKARIA/
Primary Examiner, Art Unit 2858