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 .
Preliminary Amendment
Receipt is acknowledged of the preliminary amendment filed on 04/17/2024.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract contains at least one of the phrases that can be implied, such as the phrase “the present invention”. Correction is required. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: the title is not descriptive. A new title that would include the inventive features of the claimed invention is respectfully requested..
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the claim recites “a computer-readable medium”, which is a signal carrying instructions or a program, which is not inherently non-transitory (see MPEP 2106.03 and 2106.04(a)(2)(III)(D)). In this case, the instant specification does not appear to disclose that the claimed “a computer-readable medium” explicitly excludes transitory signals. Since the claim could be interpreted to include transitory forms of signal, the claimed invention is rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Regarding claim 1, the claim discloses “an optical measuring unit”, “an electrochemical measuring unit”, and “a concentration calculating unit” without explaining whether the units include physical devices or components, such as sensors, computers, etc., or a computer program. Furthermore, the claim recites the units without describing the structural cooperative features among the units and the liquid sample, such as the arrangement of the units with respect to one another and with respect to the sample. The claim is incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections (see MPEP § 2172.01). The omitted structural cooperative relationships are: the structural cooperation between the units and the sample. Further clarification is respectfully requested.
Regarding claim 6, the claim discloses an equation for “performing the multivariate analysis” without explaining any of the symbols or variables included in the equation and what they represent. Further clarification is respectfully requested.
Regarding claim 9, the claim recites “a computer-readable medium including a component concentration measuring program” without disclosing any structural features or devices for performing the measurements and the calculations. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the structural features or devices for performing the measurements and the calculations.
The claim discloses “an optical measuring unit”, “an electrochemical measuring unit”, and “a concentration calculating unit” without explaining whether the units include physical devices or components, such as sensors, computers, etc., or a computer program. Furthermore, the claim recites the units without describing the structural cooperative features among the units and the liquid sample, such as the arrangement of the units with respect to one another and with respect to the sample. The claim is incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections (see MPEP § 2172.01). The omitted structural cooperative relationships are: the structural cooperation between the units and the sample.
Further clarification is respectfully requested.
Regarding claim 10, the claim recites the method steps for “measuring a spectroscopic spectrum”, “electrochemically measuring a property value”, and “calculating the concentration” without disclosing any devices for performing the measuring and the calculating. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the devices for performing the measuring and calculating steps.
Further clarification is respectfully requested.
Claims 2-8 are rejected as being dependent on the rejected base claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 9-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Scholkmann et al. (Pat. No. US 12,631,559) (hereafter Scholkmann) .
Regarding claim 1, Scholkmann teaches a component concentration measuring device for measuring a concentration of a target component in a liquid sample, the component concentration measuring device comprising:
an optical measuring unit that measures a spectroscopic spectrum of the liquid sample (i.e., a deep ultraviolet (UV) spectroscopy system comprising a laser for irradiating the liquid sample inside the conduit or the container, the system being adapted to perform laser-induced fluorescence (LIF) and Raman spectroscopy (RS) measurements, further referred to as LIF-RS measurements) (see Column 17, lines 17-63);
an electrochemical measuring unit (i.e., a robot that performs sampling and analysis with classical wet laboratory techniques and sends the thus obtained chemical parameters data to the signal processing unit of the device. Such automatic analysis robotic devices are known in the art and can perform analyses involving e.g. pH, boiling point, solubility, acidity, basicity, thermal conductivity, net charge, specific heat capacity, molar entropy, isotope fractionation, surface tension, pressure, specific resistance, compressibility, wettability, reactivity and levelling grade viscosity measurements, measurement of optical properties including odour and/or refractive index and/or taste, hyperspectral remote sensing, cytometry, measurement, total organic carbon measurements (TOC), dissolved organic carbon measurement (DOC), chemical oxygen demand measurement (COD), measurement of atmospheric conditions, conductivity measurements, volatile organic compounds measurements (VOC), mass spectrometry, gas chromatography or even high performance liquid chromatography (HPLC)) (see Column 18, line 24, to Column 19, line 23) that electrochemically measures a property value of the liquid sample (i.e., chemical parameters data obtained from a liquid sample analysed by a wet-laboratory non-spectroscopic technique) (see Column 15, line 4, to Column 16, line 42); and
a concentration calculating unit (i.e., computing system 200) (see Fig. 2) that calculates the concentration of the target component by performing a multivariate analysis that uses the spectroscopic spectrum and the property value as explanatory variables (i.e., in a so called multivariate chemometric data analysis process, a chemometric analysis is applied to a data matrix in order to extract relevant information from the matrix. Analysis results may be expressed in a variety of ways, for example and without limitation, spectral data involving peak heights, absorbances, concentration, particle counts, and the like. A general term to describe these expressions is a variable. In great simplification and depending on the method applied, when variables are measured, the resulting data can be arranged in a data matrix. In brief, chemometrics involves taking the resulting data matrix and extracting hidden and meaningful information about the variables, which is made possible by correlation between many of the variables) (see Column 15, line 4, to Column 16, line 42).
Regarding claim 9, Scholkmann teaches a component concentration measuring program for measuring a concentration of a target component in a liquid sample, the component concentration measuring program comprising:
an optical measuring unit that measures a spectroscopic spectrum of the liquid sample (i.e., a deep ultraviolet (UV) spectroscopy system comprising a laser for irradiating the liquid sample inside the conduit or the container, the system being adapted to perform laser-induced fluorescence (LIF) and Raman spectroscopy (RS) measurements, further referred to as LIF-RS measurements) (see Column 17, lines 17-63);
an electrochemical measuring unit (i.e., a robot that performs sampling and analysis with classical wet laboratory techniques and sends the thus obtained chemical parameters data to the signal processing unit of the device. Such automatic analysis robotic devices are known in the art and can perform analyses involving e.g. pH, boiling point, solubility, acidity, basicity, thermal conductivity, net charge, specific heat capacity, molar entropy, isotope fractionation, surface tension, pressure, specific resistance, compressibility, wettability, reactivity and levelling grade viscosity measurements, measurement of optical properties including odour and/or refractive index and/or taste, hyperspectral remote sensing, cytometry, measurement, total organic carbon measurements (TOC), dissolved organic carbon measurement (DOC), chemical oxygen demand measurement (COD), measurement of atmospheric conditions, conductivity measurements, volatile organic compounds measurements (VOC), mass spectrometry, gas chromatography or even high performance liquid chromatography (HPLC)) (see Column 18, line 24, to Column 19, line 23) that electrochemically measures a property value of the liquid sample (i.e., chemical parameters data obtained from a liquid sample analysed by a wet-laboratory non-spectroscopic technique) (see Column 15, line 4, to Column 16, line 42); and
a concentration calculating unit (i.e., computing system 200) (see Fig. 2) that calculates the concentration of the target component by performing a multivariate analysis that uses the spectroscopic spectrum and the property value as explanatory variables (i.e., in a so called multivariate chemometric data analysis process, a chemometric analysis is applied to a data matrix in order to extract relevant information from the matrix. Analysis results may be expressed in a variety of ways, for example and without limitation, spectral data involving peak heights, absorbances, concentration, particle counts, and the like. A general term to describe these expressions is a variable. In great simplification and depending on the method applied, when variables are measured, the resulting data can be arranged in a data matrix. In brief, chemometrics involves taking the resulting data matrix and extracting hidden and meaningful information about the variables, which is made possible by correlation between many of the variables) (see Column 15, line 4, to Column 16, line 42).
Regarding claim 10, Scholkmann teaches a component concentration measuring method for measuring a concentration of a target component in a liquid sample, the component concentration measuring method comprising:
measuring a spectroscopic spectrum of the liquid sample (i.e., a deep ultraviolet (UV) spectroscopy system comprising a laser for irradiating the liquid sample inside the conduit or the container, the system being adapted to perform laser-induced fluorescence (LIF) and Raman spectroscopy (RS) measurements, further referred to as LIF-RS measurements) (see Column 17, lines 17-63);
electrochemically measuring a property value of the liquid sample (i.e., chemical parameters data obtained from a liquid sample analysed by a wet-laboratory non-spectroscopic technique) (see Column 15, line 4, to Column 16, line 42); and
calculating the concentration of the target component by performing a multivariate analysis that uses the spectroscopic spectrum and the property value as explanatory variables (i.e., in a so called multivariate chemometric data analysis process, a chemometric analysis is applied to a data matrix in order to extract relevant information from the matrix. Analysis results may be expressed in a variety of ways, for example and without limitation, spectral data involving peak heights, absorbances, concentration, particle counts, and the like. A general term to describe these expressions is a variable. In great simplification and depending on the method applied, when variables are measured, the resulting data can be arranged in a data matrix. In brief, chemometrics involves taking the resulting data matrix and extracting hidden and meaningful information about the variables, which is made possible by correlation between many of the variables) (see Column 15, line 4, to Column 16, line 42).
Claims 2-8 are objected to as being dependent on the rejected base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892.
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/Tran M. Tran/Examiner, Art Unit 2855
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