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 .
Specification
The disclosure is objected to because of the following informalities: On page 2, “UV” is an undefined acronym in the Specification.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: On line 9, “UV light” should be corrected to say –UV (ultraviolet) light--.
Claim 6 is objected to because of the following informalities: On line 3, “UV light” should be corrected to say –the UV light--.
Claim 10 is objected to because of the following informalities: On line 2, “UV light” should be corrected to say –the UV light--. On line 3, “a gaseous sample” should be corrected to say –the gaseous sample—and “UV light” should be corrected to say –the UV light--.
Claim 17 is objected to because of the following informalities: On line 2, “the valve” should be corrected to say –the drain valve--. On line 4, “drained to the bottom” should be corrected to say –drained from the bottom--.
Claim 19 is objected to because of the following informalities: On line 1, “UV light comprises directing UV light” should be corrected to say –the UV light comprises directing the UV light--.
Claim 22 is objected to because of the following informalities: On line 2, “UV light” should be corrected to say –the UV light--.
Claim 24 is objected to because of the following informalities: On line 2, “directing UV light” should be corrected to say –directing the UV light--.
Claim 28 is objected to because of the following informalities: On line 15, “UV light” should be corrected to say –the UV light--.
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.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
It is unclear what the limitation means: “wherein the valve is configured to open by lifting upwardly out of the valve seat”, because the previous claim 17 limitation states that the drain valve “is received in a frustoconical valve seat at the bottom of the enclosed volume”. If the enclosed volume is on top of the drain valve, how is it possible to lift the drain valve “upwardly out of the valve seat”? The enclosed volume would be in the way, preventing this. Specification page 4 lines 8-11 merely repeat the claim 17 limitation without further clarification. Figures 2C and 2D show that the drain valve 236 is blocked from being lifted upwardly. For examination purposes, the claim limitation is understood to mean “being drained the liquid sample is completely drained from the bottom of the enclosed volume”. Examiner suggests making a similar amendment to address the clarity issue.
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 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.
Claims 1, 2, 4, 6-13, 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Hjul (EP1840557A1) from the IDS, in view of Pedersen et al. (US20040238745A1), hereinafter Pedersen, further in view of Kuratli (EP0603657A2) from the IDS.
As to claims 1 and 28, Hjul teaches a method and a system (fig. 1; [0013]; gas flow system 6) for rapid determination of a concentration of free sulfur dioxide (SO2) in a liquid ([0007]; [0009]; the apparatus is for rapid extraction and SO2 determination in a beverage), the system comprising:
an enclosed volume operable to receive a liquid sample (fig. 1; [0012]; sample holder 2 of the present embodiment comprises a liquid container 10), the liquid sample including:
a quantity of the liquid (fig. 1; [0012]; the liquid 12);
and a quantity of acid to promote gasification of SO2 within the liquid ([0020]; the reagent is an acid which when added to the wine adjusts the pH of the liquid to cause the release into the wine of the otherwise bound SO2---; freed SO2);
a liquid sample conditioner (fig. 1; [0013]; return conduit portion 20 carries the gas) operably configured to condition the liquid sample to cause gasified SO2 to accumulate in a headspace of the enclosed volume above a surface of the liquid sample (fig. 1; [0013]; [0020]; gas accumulates in the headspace 14 above the surface of the liquid 12);
a flow cell (fig. 1; claim 4; flow cuvette 24) in fluid communication with the headspace of the enclosed volume (fig. 1; [0014]; the cuvette 24 is connected in-line to the gas flow circuit, which comprises the return conduit portion 20, the gaseous sample travels from the headspace 14, through extraction conduit portion 18, to the flow cuvette 24), the flow cell being operable to receive a gaseous sample taken from the headspace of the enclosed volume (fig. 1; [0013]; the gas from the headspace 14 is extracted in the extraction conduit portion 18 and sent to the flow cuvette 24), the flow cell having an optical path therethrough ([0014]; fig. 1; The optical measurement instrumentation 4 comprises the flow cuvette 24, which comprises a suitably optically transparent region, allowing for monitoring of optical radiation);
a light source, the light source being disposed to direct light through the optical path of the flow cell (fig. 1; [0015]; radiation is transmitted through the cuvette 24 from the supply 26 to be detected by the spectrometer 28);
a photodetector disposed to receive light passing through the gaseous sample ([0014]; fig. 1; the detection element 28 operable to monitor absorption of optical radiation) and to generate a measurement signal representing an attenuation of the light due to absorption within the gaseous sample ([0005]; The apparatus measures the attenuation of radiation transmitted through the sample. [0030]; The 'measurement' absorption spectra contain features resulting from the absorption of optical radiation by the SO2 -);
and a processor operably configured to determine the concentration of gaseous SO2 within the gaseous sample based on the attenuation signal, the gaseous SO2 concentration being indicative of the free SO2 concentration within the liquid sample (fig. 1; [0005]; [0030]; The signal processor 30 analyses the so generated spectra to measure the amount of so liberated SO2 and to determine from this the amount of SO2 in the wine sample 12. The 'measurement' absorption spectra contain features resulting from the absorption of optical radiation by the SO2; i.e. attenuation of radiation transmitted through the sample).
Hjul implies a temperature of the liquid sample remains constant because Hjul does not teach any temperature changes. However, Hjul does not explicitly disclose a temperature of the liquid sample remains below 35°C; and a UV light source having a wavelength within a spectral range of between 250 nm and 320 nm.
Pedersen, in the same field of endeavor as the claimed invention, teaches a temperature of the liquid sample remains below 35°C (Pedersen [0033]; The temperature of the sample to be measured must be precisely controlled. The temperature is preferably chosen within the range 18-85° C. Thus, the chosen temperature can remain below 35°C, i.e. between 18-35° C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul to incorporate the teachings of Pedersen to include a temperature of the liquid sample remains below 35°C; for the advantage of maintaining precise control (Pedersen [0033]).
Still lacking the limitation such as a UV light source having a wavelength within a spectral range of between 250 nm and 320 nm.
Kuratli, in the same field of endeavor as the claimed invention, teaches a UV light source having a wavelength within a spectral range of between 250 nm and 320 nm (Kuratli [0001]; The sensor works in the visible range, in the ultraviolet range or in the infrared range of wavelengths. Kuratli [0053]; For example, a wavelength range including 250-265 nm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen to incorporate the teachings of Kuratli to include a UV light source having a wavelength within a spectral range of between 250 nm and 320 nm for the advantage of increased precision in identification capabilities via flexibility in selection of spectral ranges (Kuratli [0065]).
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As to claims 2 and 29, Hjul teaches wherein the liquid comprises a beverage ([0010]; the determination of an amount of SO2 in a beverage, such as wine, cider, beer or fruit juice, or an intermediate product of the beverage production process).
As to claim 4, Hjul does not explicitly disclose causing the liquid sample to have a temperature within a temperature range of between 18°C and 35°C.
Pedersen, in the same field of endeavor as the claimed invention, teaches causing the liquid sample to have a temperature within a temperature range of between 18°C and 35°C (Pedersen [0033]; The temperature of the sample to be measured must be precisely controlled. The temperature is preferably chosen within the range 18-85° C. Thus, the chosen temperature can be chosen between 18-35° C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul to incorporate the teachings of Pedersen to include causing the liquid sample to have a temperature within a temperature range of between 18°C and 35°C; for the advantage of maintaining precise control (Pedersen [0033]).
As to claim 6, Hjul teaches drawing the gaseous sample from the headspace and delivering the gaseous sample to a flow cell (fig. 1; claim 4; [0014]; the flow cuvette 24 is connected in-line to the gas flow circuit, which comprises the return conduit portion 20, the gaseous sample travels from the headspace 14, through extraction conduit portion 18, to the flow cuvette 24) and wherein directing the light through the gaseous sample comprises directing light through the flow cell (fig. 1; [0015]; radiation is transmitted through the cuvette 24 from the supply 26 to be detected by the spectrometer 28).
However, Hjul when modified by Pederson does not explicitly disclose UV light.
Kuratli, in the same field of endeavor as the claimed invention, teaches UV light (Kuratli [0001]; The sensor works in the visible range, in the ultraviolet range or in the infrared range of wavelengths. Kuratli [0053]; For example, a wavelength range including 250-265 nm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen to incorporate the teachings of Kuratli to include UV light for the advantage of increased precision in identification capabilities via flexibility in selection of spectral ranges (Kuratli [0065]).
As to claim 7, Hjul teaches wherein conditioning the liquid sample comprises sparging the liquid sample by drawing the gaseous sample from the headspace and recirculating the gaseous sample back below the surface of the liquid sample to cause free SO2 in the liquid sample to be released into the headspace ([0020]; fig. 1; The reagent, which is an acid, is added to the liquid and causes the release into the liquid of the otherwise bound SO2 (i.e. below the surface of the liquid). This freed SO-2 is then available to be extracted from the liquid and into the headspace volume 14 by the recirculated headspace gas being passed through the sample 12 from the flow system 6. In this manner, a gas may be rapidly generated in the headspace 14 that is enriched with, for example SO2).
As to claim 8, Hjul teaches wherein sparging the liquid sample comprises delivering the recirculated gaseous sample to the enclosed volume (fig. 1; [0012]; sample holder 2 of the present embodiment comprises a liquid container 10) at a location proximate a lower end of the enclosed volume (fig. 1; the recirculated headspace gas being passed through the sample 12 from the flow system 6 enters the sample holder 2 at a location proximate the lower end of the sample holder 2, from the return conduit portion 20).
As to claim 9, Hjul teaches wherein delivering the recirculated gaseous sample comprises directing the recirculated gaseous sample generally downwardly in the enclosed volume (fig. 1; the recirculated headspace gas coming from the return conduit portion 20 is directed generally downwardly in the sample holder 2) and with a component directed toward a lateral wall of the enclosed volume (fig. 1; A component of the flow system 6, the return conduit portion 20, directs a component of the recirculated headspace gas toward the bottom wall of the sample holder 2, i.e. the lateral wall of the enclosed volume).
As to claim 10, Hjul teaches wherein recirculating the gaseous sample comprises passing the gaseous sample through a flow cell having an optical path therethrough ([0014]; fig. 1; The optical measurement instrumentation 4 comprises the flow cuvette 24, which comprises a suitably optically transparent region, allowing for monitoring of optical radiation), and wherein directing light through a gaseous sample comprises directing light through the optical path of the flow cell (fig. 1; [0015]; radiation is transmitted through the cuvette 24 from the supply 26 to be detected by the spectrometer 28).
However, Hjul when modified by Pederson does not explicitly disclose UV light.
Kuratli, in the same field of endeavor as the claimed invention, teaches UV light (Kuratli [0001]; The sensor works in the visible range, in the ultraviolet range or in the infrared range of wavelengths. Kuratli [0053]; For example, a wavelength range including 250-265 nm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen to incorporate the teachings of Kuratli to include UV light for the advantage of increased precision in identification capabilities via flexibility in selection of spectral ranges (Kuratli [0065]).
As to claim 11, Hjul teaches wherein drawing the gaseous sample comprises drawing the gaseous sample from a location above and spaced apart from the surface of the liquid sample to reduce a likelihood of liquid or foam from the liquid sample entering the recirculated gaseous sample and reaching the flow cell (fig. 1; [0025]-[0028]; The gaseous sample is drawn from a location above and spaced apart from the surface of the wine 12. The headspace volume 10 initially holds evaporated ethanol and water and finally gas recirculation by the circulation pump 22. Thus, there is inherently minimal likelihood of liquid or foam from the liquid sample entering the recirculated gaseous sample, nor the flow cell).
As to claim 12, Hjul teaches wherein the enclosed volume comprises a passage that extends the headspace of the enclosed volume upwardly away from the surface of the liquid sample (fig. 1; the extraction conduit portion 18 enters the sample holder 2 in a lateral direction, thereby extending the headspace upwardly away from the surface of the liquid sample 12) and wherein drawing the gaseous sample comprises drawing the gaseous sample from a location proximate an upper end of the passage (fig. 1; [0024]; The location proximate the upper end of the extraction conduit portion 18 directly above the sample holder 2 holds the gaseous sample which is drawn into the cuvette 24).
As to claim 13, Hjul teaches wherein drawing the gaseous sample comprises drawing the gaseous sample from the passage in a lateral direction (fig. 1; the extraction conduit portion 18 enters the sample holder 2 in a lateral direction and draws the gaseous sample in a lateral direction).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hjul in view of Pedersen and Kuratli, and further in view of Kääriäinen et al. (US20220364984A1), hereinafter Kääriäinen.
As to claim 3, Hjul teaches wherein the liquid includes dissolved or entrained carbon dioxide (CO2) ([0005]; Carbon dioxide CO2 that are present in the liquid can be first removed from the headspace gasses in order to free SO-2- present in the liquid. Thus, the liquid includes dissolved or entrained carbon dioxide CO-2- to begin with)
and wherein conditioning the liquid sample comprises causing at least some CO2 within the liquid sample to accumulate in the headspace (fig. 1; [0013]; [0020]; Gas accumulates in the headspace 14 above the surface of the liquid 12. [0005]; Carbon dioxide CO2 is removed from the headspace gasses in order to free SO-2- present in the liquid. Thus, at least some of the carbon dioxide CO2 accumulates in the headspace).
However, Hjul when modified by Pederson does not explicitly disclose wherein determining the attenuation of the UV light comprises determining the attenuation of the UV light in the presence of CO2 in the gaseous sample.
Kuratli, in the same field of endeavor as the claimed invention, teaches UV light (Kuratli [0001]; The sensor works in the visible range, in the ultraviolet range or in the infrared range of wavelengths. Kuratli [0053]; For example, a wavelength range including 250-265 nm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen to incorporate the teachings of Kuratli to include UV light for the advantage of increased precision in identification capabilities via flexibility in selection of spectral ranges (Kuratli [0065]).
Still lacking the limitation such as wherein determining the attenuation of the light comprises determining the attenuation of the light in the presence of CO2 in the gaseous sample.
Kääriäinen, in the same field of endeavor as the claimed invention, teaches wherein determining the attenuation of the light comprises determining the attenuation of the light in the presence of CO2 in the gaseous sample (Kääriäinen [0102]; The gas sample GAS1 in the scrambling cell 200 contains carbon dioxide to be measured. [0056]; The sample GAS1 attenuates the spectral intensity at wavelengths corresponding to spectral peaks of the absorption spectrum of the sample GAS1. Thus, determining the attenuation of the light comprises determining the attenuation of the light in the presence of carbon dioxide CO2 in the gaseous sample GAS1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Kääriäinen to include wherein determining the attenuation of the light comprises determining the attenuation of the light in the presence of CO2 in the gaseous sample; for the advantage of better measurement accuracy (Kääriäinen [0101]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hjul in view of Pedersen and Kuratli, and further in view of Lee et al. (US20210199572A1), hereinafter Lee.
As to claim 5, Hjul in view of Pedersen and Kuratli does not explicitly disclose wherein receiving the liquid sample comprises passing the liquid sample through a heat exchanger to heat the liquid sample to a temperature within the temperature range.
Lee, in the same field of endeavor as the claimed invention, teaches wherein receiving the liquid sample comprises passing the liquid sample through a heat exchanger to heat the liquid sample to a temperature within the temperature range (Lee [0010]; [0062]; The heat exchanger 200 or 300 maintains the temperature of the treatment liquid).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Lee to include wherein receiving the liquid sample comprises passing the liquid sample through a heat exchanger to heat the liquid sample to a temperature within the temperature range; for the advantage of stabilization via temperature regulation (Lee [0010]).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hjul in view of Pedersen and Kuratli, and further in view of Sommer et al. (US 20220195354 A1), hereinafter Sommer (the current Applicant).
As to claim 14, Hjul in view of Pedersen and Kuratli does not explicitly disclose wherein receiving the liquid sample comprises causing a liquid dosage system to draw the quantity of liquid from a container, and wherein: a first portion of the quantity of liquid is delivered to the enclosed volume by operating the liquid dosage system; and a second portion of the quantity of liquid is delivered to the enclosed volume by flushing the liquid dosage system using a pressurized fluid.
Sommer, in the same field of endeavor as the claimed invention, teaches wherein receiving the liquid sample comprises causing a liquid dosage system to draw the quantity of liquid from a container (Sommer [0117]; The dosage pump 604 and microprocessor 700 are used in a system to draw the additive liquid from the additive liquid reservoir 602),
and wherein: a first portion of the quantity of liquid is delivered to the enclosed volume by operating the liquid dosage system (Sommer [0117]; the microprocessor 700 can deliver a target metered dosage of additive liquid to the beverage in the container 100);
and a second portion of the quantity of liquid is delivered to the enclosed volume by flushing the liquid dosage system using a pressurized fluid (Sommer [0094]-[0095]; [0117]; The fluid handler 106 includes an additive liquid reservoir 602 and a topping liquid reservoir 606, which are both pressurized by the gas reservoir 616).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Sommer to include wherein receiving the liquid sample comprises causing a liquid dosage system to draw the quantity of liquid from a container, and wherein: a first portion of the quantity of liquid is delivered to the enclosed volume by operating the liquid dosage system; and a second portion of the quantity of liquid is delivered to the enclosed volume by flushing the liquid dosage system using a pressurized fluid; for the advantage of reducing time and labor (Sommer [0005]-[0006]).
As to claim 15, Hjul in view of Pedersen and Kuratli does not explicitly disclose opening a vent valve in fluid communication with the headspace of the enclosed volume while flushing the liquid dosage system to permit the pressurized fluid to escape.
Sommer, in the same field of endeavor as the claimed invention, teaches opening a vent valve in fluid communication with the headspace of the enclosed volume while flushing the liquid dosage system to permit the pressurized fluid to escape (Sommer [0032]; Venting of the bulk liquid (in container 100) after the gaseous headspace has been displaced by the topping liquid is performed. [0095]-[0096]; The topping valve 608 and the purge liquid valve 612 both permit pressurized fluid to escape).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Sommer to include opening a vent valve in fluid communication with the headspace of the enclosed volume while flushing the liquid dosage system to permit the pressurized fluid to escape; for the advantage of reducing time and labor (Sommer [0005]-[0006]).
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hjul in view of Pedersen and Kuratli, and further in view of Fiedler et al. (US 20030178323 A1), hereinafter Fiedler.
As to claim 16, Hjul in view of Pedersen and Kuratli does not explicitly disclose wherein the enclosed volume comprises a drain port sealed by a drain valve at the bottom of the enclosed volume and wherein the method further comprises, after the concentration of gaseous SO2 within the gaseous sample has been determined, causing the drain valve to open to permit the liquid sample to be drained from the enclosed volume.
Fiedler, in the same field of endeavor as the claimed invention, teaches wherein the enclosed volume comprises a drain port sealed by a drain valve at the bottom of the enclosed volume (Fiedler fig. 3; [0102]; the drain port is described by Fiedler as the outlet 66 which is sealed by the valve (between the heating coil 69 and the outlet 66) at the bottom of the sample vessel 12)
and wherein the method further comprises, after the concentration of gaseous SO2 within the gaseous sample has been determined (Fiedler [0094]; the measurement signal can be converted into the sulfur dioxide concentration in the liquid sample 11), causing the drain valve to open to permit the liquid sample to be drained from the enclosed volume (Fiedler fig. 1 and 3; [0102]; after a measurement the liquid sample 11 in sample vessel 12 is drained off as waste 67).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Fiedler to include wherein the enclosed volume comprises a drain port sealed by a drain valve at the bottom of the enclosed volume and wherein the method further comprises, after the concentration of gaseous SO2 within the gaseous sample has been determined, causing the drain valve to open to permit the liquid sample to be drained from the enclosed volume; for the advantage of reducing time between measurements (Fiedler [0018]).
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As to claim 17, Hjul in view of Pedersen and Kuratli does not explicitly disclose wherein the drain valve has a frustoconical shape and is received in a frustoconical valve seat at the bottom of the enclosed volume and wherein the valve is configured to open by lifting upwardly out of the valve seat such that when being drained the liquid sample is completely drained to the bottom of the enclosed volume.
Fiedler, in the same field of endeavor as the claimed invention, teaches wherein the drain valve has a frustoconical shape and is received in a frustoconical valve seat at the bottom of the enclosed volume (Fiedler fig. 3; The valve between the heating coil 69 and the outlet 66 has the shape of the sample vessel 12 (at its top base) and the outlet 66 (at its bottom base). Because both bases are circular and there is tapering between the two bases, the valve is therefore frustoconical. Also, the valve is at the bottom of the sample vessel 12, seated below the heating coil 69)
and wherein the valve is configured to open by lifting upwardly out of the valve seat such that when being drained the liquid sample is completely drained to the bottom of the enclosed volume (Fiedler fig. 1 and 3; [0102]; after a measurement the liquid sample 11 in sample vessel 12 is drained off as waste 67, drained from the bottom of the sample vessel 12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Fiedler to include wherein the drain valve has a frustoconical shape and is received in a frustoconical valve seat at the bottom of the enclosed volume and wherein the valve is configured to open by lifting upwardly out of the valve seat such that when being drained the liquid sample is completely drained to the bottom of the enclosed volume; for the advantage of reducing time between measurements (Fiedler [0018]).
As to claim 18, Hjul in view of Pedersen and Kuratli does not explicitly disclose flushing the enclosed volume by delivering a fluid to the enclosed volume that causes any remnants of the liquid sample to be forced out of the drain.
Fiedler, in the same field of endeavor as the claimed invention, teaches flushing the enclosed volume by delivering a fluid to the enclosed volume that causes any remnants of the liquid sample to be forced out of the drain (Fiedler [0062]; When the sample has been appropriately prepared, carrier gas is flushed through it in a circulatory procedure, so that an equilibrium is established between the dissolved SO 2 and the SO2 in the gas phase).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Fiedler to include flushing the enclosed volume by delivering a fluid to the enclosed volume that causes any remnants of the liquid sample to be forced out of the drain; for the advantage of reducing time between measurements (Fiedler [0018]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hjul in view of Pedersen and Kuratli, and further in view of Margalit (US 9459205 B1).
As to claim 19, Hjul teaches wherein directing light comprises directing light through the gaseous sample (fig. 1; [0015]; radiation is transmitted through the cuvette 24 from the supply 26 to be detected by the spectrometer 28).
However, Hjul in view of Pedersen and Kuratli does not explicitly disclose UV light produced by a UV light emitting diode.
Margalit, in the same field of endeavor as the claimed invention, teaches UV light produced by a UV light emitting diode (Margalit col. 3 ln. 30-48; Sources 144 may include one or more light emitting diodes (LEDs), which may be operable to emit the ultraviolet spectrum).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Margalit to include UV light produced by a UV light emitting diode; for the advantage of flexibility (Margalit col. 3 ln. 30-39).
Claims 20, 21 and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Hjul in view of Pedersen and Kuratli, and further in view of Muller et al. (US 20130188171 A1), hereinafter Muller.
As to claim 20, Hjul in view of Pedersen and Kuratli does not explicitly disclose wherein measuring the attenuation of the UV light comprises: generating modulated UV light; generating a measurement signal in response to receiving the UV light at a photodetector after passing through the gaseous sample; processing the measurement signal to extract components that are synchronized with the modulated UV light to determine an attenuation of the UV light; and determining the attenuation by comparing the level of attenuated UV light with a level of the generated modulated UV light.
Muller, in the same field of endeavor as the claimed invention, teaches wherein measuring the attenuation of the UV light (Muller fig. 13; [0112]; Each spectral component is attenuated at a different rate during the passage of the UV light 13 a through the liquid 10) comprises:
generating modulated UV light (Muller [0091]; the sensor is operated using A/C modulated UV light);
generating a measurement signal in response to receiving the UV light at a photodetector after passing through the gaseous sample ([0085]; a characteristic intensity pattern 84 derived from the measurements taken by the photodiodes 80);
processing the measurement signal to extract components that are synchronized with the modulated UV light to determine an attenuation of the UV light (Muller fig. 13; [0112]; Each spectral component is attenuated at a different rate during the passage of the UV light 13a through the liquid 10. Fig. 1; The spectrally filtered sensor array therefore produces an intensity pattern 84 which is dependent on the exact position of the UV absorption edge 14. The data that is in sync with the modulated UV light is the only data recorded, inherently. Thus, the intensity pattern 84 must be synchronized with the modulated UV light in order to determine the attenuation data);
and determining the attenuation by comparing the level of attenuated UV light with a level of the generated modulated UV light (Muller fig. 6; [0074]; Attenuation can be determined for example in fig. 6 wherein the attenuated UV light, i.e. the optical absorption (y-axis) is compared directly with the generated modulated UV light (x-axis)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Muller to include wherein measuring the attenuation of the UV light comprises: generating modulated UV light; generating a measurement signal in response to receiving the UV light at a photodetector after passing through the gaseous sample; processing the measurement signal to extract components that are synchronized with the modulated UV light to determine an attenuation of the UV light; and determining the attenuation by comparing the level of attenuated UV light with a level of the generated modulated UV light; for the advantage of increased precision (Muller [0085]).
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As to claim 21, Hjul in view of Pedersen and Kuratli does not explicitly disclose wherein generating modulated light comprises generating UV light that is intensity modulated at a reference frequency and wherein processing the measurement signal comprises processing the measurement signal to extract components that are synchronized with the reference frequency to determine the attenuation of the UV light.
Muller, in the same field of endeavor as the claimed invention, teaches wherein generating modulated light comprises generating UV light that is intensity modulated at a reference frequency and wherein processing the measurement signal comprises processing the measurement signal to extract components that are synchronized with the reference frequency (Muller [0016]; Reference absorption characteristics can be produced, then absorption spectra of these solutions are captured, with the respective absorption edge or the respective absorption peak lying at a different wavelength as a function of the pH value. Thus, data at a reference wavelength is measured) to determine the attenuation of the UV light (Muller fig. 13; [0112]; Each spectral component is attenuated at a different rate during the passage of the UV light 13 a through the liquid 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Muller to include wherein generating modulated light comprises generating UV light that is intensity modulated at a reference frequency and wherein processing the measurement signal comprises processing the measurement signal to extract components that are synchronized with the reference frequency to determine the attenuation of the UV light; for the advantage of increased speed and simplicity (Muller [0016]).
As to claim 23, Hjul in view of Pedersen and Kuratli does not explicitly disclose converting the measurement signal produced by the photodetector into a digital representation for receipt by a processor circuit and wherein processing the measurement signal comprises mathematically processing the measurement signal in the processor circuit.
Muller, in the same field of endeavor as the claimed invention, teaches converting the measurement signal produced by the photodetector into a digital representation for receipt by a processor circuit and wherein processing the measurement signal comprises mathematically processing the measurement signal in the processor circuit (Muller [0085]; The intensity pattern 84 is created by a conversion apparatus 86 which is arranged downstream of the detector apparatus 58. The conversion apparatus 86 can include, for example, a microprocessor that is specifically programmed to create the intensity patterns discussed herein. The microprocessor can relate the produced absorption characteristic to a reference absorption characteristic associated with a specific pH value of the liquid).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Muller to include converting the measurement signal produced by the photodetector into a digital representation for receipt by a processor circuit and wherein processing the measurement signal comprises mathematically processing the measurement signal in the processor circuit; for the advantage of increased precision (Muller [0085]).
As to claim 24, Hjul in view of Pedersen and Kuratli does not explicitly disclose splitting the UV light into a first beam of UV light and a second beam of UV light and wherein directing UV light through the gaseous sample comprises directing the first beam of UV light along a measurement optical path through the gaseous sample in a measurement channel and further comprising directing the second beam of UV light through a reference optical path in a reference channel to generate a reference signal for extracting the measurement signal from noise.
Muller, in the same field of endeavor as the claimed invention, teaches splitting the UV light into a first beam of UV light and a second beam of UV light and wherein directing UV light through the gaseous sample comprises directing the first beam of UV light along a measurement optical path through the gaseous sample in a measurement channel and further comprising directing the second beam of UV light through a reference optical path in a reference channel to generate a reference signal for extracting the measurement signal from noise (Muller [0044]; The light-source monitoring apparatus advantageously has a beam splitter, arranged prior to the entry into the liquid in the beam path of the light used for excitation, for diverting a component of the light used for excitation, and a broad-band reference detector for capturing the intensity of the diverted light. Hence, part of the light emitted by the light source can—preferably in a simple fashion—already be fed into a reference detector prior to contact with the liquid).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Muller to include splitting the UV light into a first beam of UV light and a second beam of UV light and wherein directing UV light through the gaseous sample comprises directing the first beam of UV light along a measurement optical path through the gaseous sample in a measurement channel and further comprising directing the second beam of UV light through a reference optical path in a reference channel to generate a reference signal for extracting the measurement signal from noise; for the advantage of continuous monitoring (Muller [0044]).
As to claim 25, Hjul in view of Pedersen and Kuratli does not explicitly disclose balancing the measurement channel and the reference channel while no gaseous sample is present.
Muller, in the same field of endeavor as the claimed invention, teaches balancing the measurement channel and the reference channel while no gaseous sample is present (Muller [0087]; As a result of the beam splitter 98 diverting light, the reference detector 99 can be used prior to contact with the liquid 10 to monitor the intensity of the light 13a emitted by the light source 50. As a result of a subsequent normalization of the absorption spectra 12 received by the photodiodes 80, it is possible to remove by calculation shifts which are caused by changes in the light intensity directly at the light source 50. Thus, without entering any gaseous sample, the measurement channel and the reference channel is inherently balanced).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Muller to include balancing the measurement channel and the reference channel while no gaseous sample is present; for the advantage of increased precision (Muller [0085]).
As to claim 26, Hjul teaches determining the SO2 concentration (fig. 1; [0005]; [0030]; The signal processor 30 analyses the so generated spectra to measure the amount of so liberated SO2 and to determine from this the amount of SO2 in the wine sample 12).
However, Hjul in view of Pedersen and Kuratli does not explicitly disclose wherein determining the concentration of gaseous SO2 comprises: producing an output absorption signal by taking a ratio of the measurement signal values and the reference signal; and determining the SO2 concentration based on fitting an exponential function to the output absorption signal.
Muller, in the same field of endeavor as the claimed invention, teaches wherein determining the concentration of gaseous SO2 comprises:
producing an output absorption signal by taking a ratio of the measurement signal values and the reference signal (claim 1; Relating the produced absorption characteristic (i.e. measurement signal) produced by the detector apparatus to a reference absorption characteristic (i..e the reference signal) associated with a specific pH value of the liquid is inherently deriving a ratio of the measurement signal and the reference signal);
and determining the concentration based on fitting an exponential function to the output absorption signal (Muller [0016]; Reference absorption characteristics can be produced by preferably making a concentration series of a plurality of solutions of the liquid to be measured. Claim 1; [0093]; The absorption characteristic is associated with a specific pH value of the liquid, wherein the pH scale is an exponential function pH=−log10(H+). Thus, the concentration can be determined based on fitting the pH exponential function to the absorption characteristics).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Muller to include wherein determining the concentration of gaseous SO2 comprises: producing an output absorption signal by taking a ratio of the measurement signal values and the reference signal; and determining the concentration based on fitting an exponential function to the output absorption signal; for the advantage of increased precision (Muller [0085]).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Hjul in view of Pedersen, Kuratli and Muller, and further in view of Kompaniets et al. (US 11747197 B2), hereinafter Kompaniets.
As to claim 22, Hjul in view of Pedersen and Kuratli does not explicitly disclose wherein the photodetector comprises a silicon carbide photodetector that is responsive to wavelengths of UV light in a narrow band including the 280 nanometer wavelength of the UV light.
Muller, in the same field of endeavor as the claimed invention, teaches wherein the photodetector comprises a photodetector that is responsive to wavelengths of UV light in a narrow band including the 280 nanometer wavelength of the UV light (Muller fig. 1; [0085] The detector apparatus 58 has a plurality of detectors 76, which together form a detector array 78. Each detector 76 is formed by a photodiode 80, which is optimized in terms of energy by means of a band-pass filter 82 such that it only detects light with a specific wavelength or a narrow wavelength range 13. Wavelength range 13 includes the 280 nanometer wavelength).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Muller to include wherein the photodetector comprises a photodetector that is responsive to wavelengths of UV light in a narrow band including the 280 nanometer wavelength of the UV light; for the advantage of increased precision (Muller [0085]).
Still lacking, the limitation such as the photodetector is a silicon carbide photodetector.
Kompaniets, in the same field of endeavor as the claimed invention, teaches the photodetector is a silicon carbide photodetector (Kompaniets claim 7; the photodetector is a silicon carbide-based photodetector).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen, Kuratli and Muller to incorporate the teachings of Kompaniets to include the photodetector is a silicon carbide photodetector; for the advantage of optimized spectral sensitivity (Kompaniets col. 12 ln. 47-53).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Hjul in view of Pedersen and Kuratli, and further in view of Tang et al. (US 20180080909 A1), hereinafter Tang.
As to claim 27, Hjul in view of Pedersen and Kuratli does not explicitly disclose wherein the quantity of acid comprises a quantity of phosphoric acid to lower a pH of the liquid sample to below pH 3.
Tang, in the same field of endeavor as the claimed invention, teaches wherein the quantity of acid comprises a quantity of phosphoric acid to lower a pH of the liquid sample to below pH 3 (Tang claim 4; [0074]; a phosphoric acid solution is used to adjust the pH to 2-3, for example 2.5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hjul in view of Pedersen and Kuratli to incorporate the teachings of Tang to include wherein the quantity of acid comprises a quantity of phosphoric acid to lower a pH of the liquid sample to below pH 3; for the advantage of control and stability (Tang claim 4).
Conclusion
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877