DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/29/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 are 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.
Claim 1 recites limitations that have insufficient antecedent basis in the claim. The recitation include:
- “the detector outlet column” in line 3
- “the sample” in line 4
- “the chromatography data” in line 4
- “the column inlet” in line 7
- “the electrical signal” in line 15
- “the current applied by the first power source” in line 15-16
- “the first power source” in line 16
- “the photodetector unit” in line 20
- “the electrical signal” in line 22
- “the signal of low energy electrons” in line 24
- “the data of the light” in line 25
- “the fiber optic cable” in lines 25-26
There is insufficient antecedent basis for these limitations in the claim.
Similarly, some recitations presented in claim 1 makes the scope uncertain. For example:
- In line 9, it’s not clear which of the gases introduced in lines 1-8 the recitation “for transferring the gas” refers to.
- In line 12, it’s not clear which of the gases introduced in lines 1-11 the recitation “for the gas to exit” refers to.
- In line 14, it’s not clear which of the gases introduced in lines 1-13 the recitation “to allow the gas to exit” refers to.
- In line 19, it’s not clear which of the gases introduced in lines 1-18 the recitation “as a result of the gases” refers to.
The term “preferably” as used throughout the claim, is indefinite as it doesn’t clearly set forth whether the claimed detector comprises the elements following the recitation, or if they are optional but not required. Thus, the scope of the claim can’t be properly ascertained.
For example:
The recitation “and in that it preferably comprises at least one scintillator crystal” in line 14 is indefinite as it doesn’t clearly set forth whether the claimed detector comprises a scintillator crystal, or if its presence is optional but not required. Thus, the claim scope can’t be appropriately ascertained.
For the purpose of examination, the examiner will interpret the recitation as: “and in that it comprises at least one scintillator crystal”
Likewise, with regards to the recitation “so that preferably nitrogen gas can enter,” in line 5, the examiner will interpret the recitation as: “so that
Likewise, with regards to the recitation “preferably to allow the gas to exit” in line 14, the examiner will interpret the recitation as: “
Finally, claim 1 uses the term “at least one” followed by a recited element. In such cases, the introduced element should be identified consistently throughout the claim. For example:
- In claim 1, the recited: “at least one radioactive measurement member” is introduced in line 8. The claim later refers to the recitation as “the measurement member” (lines 9, 13). For consistency and clarity, the term should be identified as “the at least one radioactive measurement member”.
- In claim 1, the recited: “at least one scintillator crystal” is introduced in lines 14-15. The claim later refers to the recitation as “the scintillator crystal” (lines 17, 26, 27). For consistency and clarity, the term should be identified as “the at least one scintillator crystal”.
Claims 2-4 are also rejected as they inherit the deficiencies of claim 1 noted above.
Allowable Subject Matter
Claims 1-4 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. In an effort to expedite prosecution, and to provide guidance on how to correct the multiple issues noted above, the following version of claim 1 is drafted as a suggestion. The drafted version is considered to patentably distinguish over the art of record:
1. A detector, comprising:
at least one data output line connected to an electronic mechanism;
at least one column input connected to a detector outlet column of a gas chromatography device configured to receive a sample from which the gas chromatography data is obtained;
at least one gas inlet configured to receive nitrogen gas;
at least one gas outlet configured to evacuate gas from the detector;
at least one gas mixing area for mixing gas received by the at least one column input from the detector outlet column, and configured to mix nitrogen gas received from the at least one gas inlet;
at least one radioactive measurement chamber;
at least one gas inlet line for transferring gas from the at least one gas mixing area, to said at least one radioactive measurement chamber;
at least one radioactive or non-radioactive light emitting source;
at least one shielding material that prevents gases from exiting at least one shielding area;
at least one gas outlet line for gas to exit from said at least one radioactive measurement chamber;
at least one outlet chamber configured to evacuate gas from the at least one gas outlet line;
a first power source;
a photodetector unit;
wherein the detector further comprises at least one scintillator crystal, configured to receive a current applied by the first power source, and which interacts with mixed gases in the at least one radioactive measurement chamber; wherein the at least one scintillator crystal allows the formation of an optical signal by emitting photons which have specific emission wavelengths as the photons interact with the gases and as a result of current applied to the photodetector unit or without the application of current;
wherein the at least one scintillator crystal either has an uncoated outer surface, or has an outer surface coated with a conductive coating, wherein the outer surface has a predetermined thickness for obtaining the electrical signal formed on the surface of the at least one scintillator crystal, as well as an optical signal; wherein the outer surface prevents corrosion that would occur thereon and separates low energy electrons from the optical signal; and
at least one fixing apparatus that carries data from the optical signal coming from a fiber optic cable inside said at least one scintillator crystal, or the data from the optical signal detected with said photodetector placed on the surface of the at least one scintillator crystal, and fixed to the scintillator crystal, and transfers the electrical data from the scintillator crystal to the data output line.
Regarding claim 1, the prior art of record doesn’t teach alone or in combination a detector comprising at least one scintillator crystal, configured to receive a current applied by the first power source, and which interacts with mixed gases on the at least one radioactive measurement chamber; wherein the at least one scintillator crystal allows the formation of an optical signal by emitting photons which have specific emission wavelengths as the photons interact with the gases and as a result of current applied to the photodetector unit or without the application of current; wherein the at least one scintillator crystal either has an uncoated outer surface, or has an outer surface coated with a conductive coating, wherein the outer surface has a predetermined thickness for obtaining the electrical signal formed on the surface of the at least one scintillator crystal, as well as an optical signal; wherein the outer surface prevents corrosion that would occur thereon and separates low energy electrons from the optical signal, in combination with all other elements recited.
As to claims 2-4, the claims would be allowable as they incorporate the allowable subject matter in claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
- The US Patent US 7,013,707 by Prohaska et al., directed to a chromatographic method using a chromatographic column separating gases, the sensor including membranes that react to diffuse gas. See figure below:
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- The US Patent US 12,416,609 by Henderson, directed to methods and systems for carrier gas identification in gas chromatography including a controller programmed to determine the first flow measurement signal for the flow of gas through the pneumatic system determine the second flow measurement signal for the flow of gas through the pneumatic system; and identify a type of gas for the flow of gas through the pneumatic system from the first and second flow measurement signals. See figure below:
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- The US Patent US 7,847,936 by Jarrell, directed to a radiation detection comprised of a scintillator device associated with electron detectors. The invention relates to detectors that employ the scattering of light by analyte particles. See figure below:
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/RICHARD ISLA/ Primary Patent Examiner, Art Unit 2858 December 23, 2025