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 Arguments
Applicant's arguments, filed 09/01/26, with respect to the rejection(s) of claim(s) under 35 USC 102 and 103 as unpatentable over Ebara et al (JP 2010 060364 A hereinafter "Ebara") reference have been fully considered and are persuasive in light of the amendment. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ebara in view of Suzuki et al (US 2014/0204379).
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 (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 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, 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ebara et al (JP 2010 060364 A hereinafter "Ebara") in view of Suzuki et al (US 2014/0204379 hereinafter “Suzuki”).
Regarding claims 1 and 14; Ebara discloses a measurement instrument and method comprising:
a cylindrical cell (cylindrical measurement cell 61 @ figure 3) that stores a measurement fluid (figure 3: e.g., the turbidity sensor 6 of the present embodiment, as shown in FIG. 3 in particular, is measured via a cylindrical measurement cell 61 that accommodates a liquid sample and a first light transmission window M1 provided in the measurement cell 61);
a light source (62 @ figures 3-4) that is arranged outside the cell (61 @ figures 3-4) and irradiates the measurement fluid with inspection light (figure 4: e.g., a light source 62 that irradiates the inspection light L1 in the cell 61);
a detector (63, 64 @ figures 3-4) that is arranged outside the cell (61 @ figures 3-4) and detects transmitted light (L2 @ figure 4) or scattered light (L3 @ figure 4) generated from the measurement fluid;
a cleaning mechanism (66, 661 @ figures 3-4: e.g., a cleaning body 661 for wiping, a drive unit 662 for moving the cleaning body 661 relative to the measurement cell 61) that is arranged inside the cell (61 @ figure 4) and cleans an inner peripheral surface of the cell (61 @ figure 4: e.g., As shown in FIGS. 4 and 5, the cleaning body 661 has a substantially four-leaf shape in a plan view having sliding pieces 661a to 661d provided corresponding to the respective light transmitting windows M 1 to M 3. The cleaning body 661 of this embodiment is integrally formed of an elastic member such as rubber. The four sliding pieces 661a to 661d are accommodated in the first space, the second space, the third space, and the fourth space formed by the measurement cell 61 and the light shielding plate 65, respectively.); and
a drive mechanism (662 @ figure 3) that rotates the cell about a central axis (figure 3: e.g., The drive unit 662 moves the cleaning body 661 forward and backward by, for example, a rack and pinion mechanism. The driving unit 662 moves the moving body 6661 along the central axis of the measurement cell 61. And a drive device 6622 made of a motor, gear, or the like that moves forward and backward. The driving device 6622 is fixed in a watertight case made up of the mounting block body 21 and the arithmetic device housing 22). See figures 1-5.
Ebara discloses all of features of claimed invention except for the drive mechanism that rotates the cell about the central axis while the cleaning mechanism remains stationary. However, Suzuki teaches that it is known in the art to provide the drive mechanism (13 @ figure 2) that rotates the cell (rotating unit 12 @ figures 2 and 9-10 and paragraph [0057]: e.g., the rotating unit 12 is made of, for example, black resin having a generally cylindrical shape and the cleaning unit 11 is provided on the outer circumferential surface thereof) about the central axis (figure 10) while the cleaning mechanism (11 @ figure 9) remains stationary (paragraph [0053]: e.g., rotating unit 12 (see FIGS. 9 and 10) which is installed in the measurement space Sa to hold the cleaning unit 11 “therefore, cleaning unit 11 is a stationary when rotation unit 12 is rotated”; a drive unit 13 for rotating the rotating unit 12 within the measurement space Sa; and a position detector 14 for detecting a position of the cleaning unit 11).
Therefore, it would have been obvious to one having ordinary skill in the art the effective filling date of claimed invention to combine the measurement instrument of Ebara with the drive mechanism that rotates the cell about the central axis while the cleaning mechanism remains stationary as taught by Suzuki for the purpose of improvement of measurement accuracy of the turbidimeter using a transmission and scattering methods.
Regarding claim 2; Ebara discloses the cleaning mechanism (661 @ figure 4) is arranged outside optical paths of the inspection light (L1 @ figure 4), the transmitted light (L2 @ figure 4), and the scattered light (L3 @ figure 4).
Regarding claim 3; Ebara discloses the cleaning mechanism (661 @ figures 3-4) is arranged between the light source (62 @ figures 3-4) and the detector (63 @ figures 3-4) in a rotation direction of the cell (61 @ figures 3-4).
Regarding claim 4; Ebara discloses the detector (63, 64 @ figure 4) is a scattered light detector (64 @ figure 4) that detects scattered light (L3 @ figure 4), and the cleaning mechanism (661 @ figure 4) blocks stray light (figure 4: e.g., In addition to separating and removing stray light by the slit S, the stray light that has passed through the slit S is attenuated by multiple reflection on the side surface of the light shielding plate 65 and the side surface of the measurement cell 61, so that the stray light is transmitted through the transmitted light detector 63 and the scattered light detector 64 can prevent light from being received).
Regarding claim 5; Ebara discloses the cleaning mechanism (661 @ figures 4-5: e.g., as shown in FIGS. 4 and 5, the cleaning body 661 has a substantially four-leaf shape in a plan view having sliding pieces 661 a to 661 di provided corresponding to the respective light transmitting windows M 1 to M 3. The cleaning body 661 of this embodiment is integrally formed of an elastic member such as rubber. The four sliding pieces 661a to 661d are accommodated in the first space, the second space, the third space, and the fourth space formed by the measurement cell 61 and the light shielding plate 65) includes a wiper or a brush in contact with the inner peripheral surface of the cell (61 @ figures 3-4).
Regarding claim 10; Ebara discloses the drive mechanism (662 @ figure 3) is arranged outside the cell (61 @ figure 3) and at a position away from the cell (61 @ figure 3) in an axial direction of the cell (61 @ figure 3: e.g., The drive unit 662 moves the cleaning body 661 forward and backward by, for example, a rack and pinion mechanism. The driving unit 662 moves the moving body 6661 along the central axis of the measurement cell 61. And a drive device 6622 made of a motor, gear, or the like that moves forward and backward).
Regarding claim 11; Ebara discloses the drive mechanism (662 @ figure 3) includes a motor, a drive gear rotationally driven by the motor, and a driven gear that rotates in mesh with the drive gear (figure 3: e.g., The driving unit 662 moves the moving body 6661 along the central axis of the measurement cell 61. And a drive device 6622 made of a motor, gear, or the like that moves forward and backward. The driving device 6622 is fixed in a watertight case made up of the mounting block body 21 and the arithmetic device housing 22), and the driven gear of the drive mechanism (662 @ figure 3) is fixed to the first holder (21, 21A @ figure 3) and rotates the first holder (21, 21A @ figure 3) about the central axis of the cell (61 @ figure 3).
Regarding claim 12; Ebara discloses a measurement device (analyzer 100 @ figure 1) comprising: the measurement instrument (62, 63 @ figures 3-4) and a main body (2,3 @ figure 3) to which the measurement instrument is attached and detached (figures 1 and 3: e.g., A sensor protection unit that protects the measurement sensor from the outside by being attached to the lower-end part (sensor-attached side end part) of the mounting block body 21 and the storage unit 22 containing a data logger that records data loggers etc. in time series and a cover 23).
Regarding claim 13; Ebara discloses a measurement system (figure 1) comprising: the measurement device (100 @ figure 1); and a communication device (figure 1: e.g., a sensor protection unit that protects the measurement sensor from the outside by being attached to the lower-end part (sensor-attached side end part) of the mounting block body 21 and the storage unit 22 containing a data logger that records data loggers etc. in time series and a cover 23. In addition, the attachment block body 21 and the container 22 such as a computing device constitute a watertight case) capable of communicating with the measurement device.
Regarding claim 15; Ebara discloses the detector is a scattered light detector (64 @ figure 4) that detects scattered light (L3 @ figure 4), the scattered light detector (64 @ figure 4) and the light source (62 @ figure 4) are arranged at positions shifted by 90° in a rotation direction of the cell (61 @ figure 4), and the cleaning mechanism (661 @ figure 4) is arranged at a position shifted by 45° from each of the light source (62 @ figure 4) and the scattered light detector (64 @figure 4) in the rotation direction of the cell (61 @ figures 3-4).
Regarding claim 16; Ebara discloses the cleaning mechanism (661 @ figure 4) includes a first cleaning mechanism (661a, 661b @ figure 4) and a second cleaning mechanism (661c, 661d @ figure 4), the first cleaning mechanism (661a, 661b @ figure 4) is arranged between the light source (62 @ figure 4) and the detector (63 @ figure 4) in a rotation direction of the cell (61 @ figures 3-4), and the second cleaning mechanism (661c, 661d @ figure 4) is arranged at a position facing the first cleaning mechanism (661a, 661b @figure 4) across the central axis of the cell (61 @ figure 4).
Regarding claim 17; Ebara discloses the cleaning mechanism (61 @ figures 3-4) includes a wiper (figures 3-4: e.g., The cleaning body 661 of this embodiment is integrally formed of an elastic member such as rubber 661a- 661d) that wipes dirt on the inner peripheral surface of the cell (61 @ figures 3-4) and a wiper fixing portion (661H @ figures 4-5) that fixes the wiper of the cleaning mechanism (61 @ figures 3-4), and the wiper fixing portion (661H @ figures 3-5) extends in a vertical direction (figure 3).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ebara in view of Suzuki as applied to claim 1 above, and further in view of Kalonia et al (US 2007/0178013 hereinafter "Kalonia").
Regarding claim 6; Ebara in view of Suzuki combination discloses all of feature of claimed invention except for an introduction port through which a measurement fluid is introduced into the cell, and a discharge port through which the measurement fluid is discharged from the cell. However, Kalonia teaches that it is known in the art to provide an introduction port (16 @ figure 3A) through which a measurement fluid is introduced into the cell (12 @ figure 3A), and a discharge port (16 @ figure 3A) through which the measurement fluid is discharged from the cell (12 @ figure 3A and paragraph [0054]: e.g., apparatus 10 includes a sample cell 12 defining an interior volume 14, a first side occupied by a sample inlet 16, and a second side occupied by a sample outlet 18. The sample cell 12 may be termed a "flow-through" cell that is configured to receive a continuous flow of protein solution from a SEM column (not shown) at its first side via the sample inlet 16 and to continually discharge such flow at its second side via the sample outlet 18). It would have been obvious to one having ordinary skill in the art the effective filling date of claimed invention to combine the measurement instrument of Ebara with limitation above as taught by Kalonia for the purpose of permitting accurate measurements to be made that support and/or facilitate calculation of the thermodynamic second viral coefficient of molecules.
Regarding claim 7; Ebara in view of Suzuki combination discloses all of features of claimed invention except for the discharge port is located above the introduction port. However, Kalonia teaches that it is known in the art to provide the discharge port (18 @ figure 3A) is located above the introduction port (16 @ figure 3A). It would have been obvious to one having ordinary skill in the art the effective filling date of claimed invention to combine the measurement instrument of Ebara with limitation above as taught by Kalonia for the purpose of permitting accurate measurements to be made that support and/or facilitate calculation of the thermodynamic second viral coefficient of molecules.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ebara in view of Suzuki as applied to claim 1 above, and further in view of Dutel (US 2010/0313674).
Regarding claim 8; Ebara in view of Suzuki combination discloses all of feature of claimed invention except for a first holder and a second holder having a cylindrical shape and connected to both sides of the cell in an axial direction, wherein the cell rotates integrally with the first holder and the second holder. However, Dutel teaches that it is known in the art to provide a first holder (16 @ figures 1-2) and a second holder (18 @ figures 1-2) having a cylindrical shape (figures 1-2) and connected to both sides of the cell (12 @ figures 1-2) in an axial direction, wherein the cell (12 @ figures 1-2) rotates integrally with the first holder (16 @ figures 1-2) and the second holder (18 @ figures 1-2). It would have been obvious to one having ordinary skill in the art the effective filling date of claimed invention to combine the measurement instrument of Ebara with limitation above as taught by Dutel for the purpose of accuracy, reliable and cost-efficient flare gas metering system in gas flow measurement.
Regarding claim 9; Ebara in view of Suzuki combination discloses all of feature of claimed invention except for the first holder and the second holder each include two O-ring grooves formed apart from each other in the axial direction in inner peripheral surfaces of the first holder and the second holder, and the first holder and the second holder are attached to an outer peripheral surface of the cell via O-rings disposed in the O- ring grooves. However, Dutel teaches that it is known in the art to provide the first holder (16 @ figures 1-2) and the second holder (18 @ figures 1-2) each include two O-ring grooves (paragraphs [0028] and [0064]) formed apart from each other in the axial direction in inner peripheral surfaces of the first holder (16 @ figures 1-2) and the second holder (18 @ figures 1-2), and the first holder and the second holder (16, 18 @ figures 1-2) are attached to an outer peripheral surface of the cell (12 @ figures 1-2) via O-rings (paragraphs [0028] and [0064]) disposed in the O-ring grooves (paragraphs [0028] and [0064]). It would have been obvious to one having ordinary skill in the art the effective filling date of claimed invention to combine the measurement instrument of Ebara with limitation above as taught by Dutel for the purpose of accuracy, reliable and cost-efficient flare gas metering system in gas flow measurement.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ebara et al in view of Suzuki and Kalonia et al as applied to claim 6 above, and further in view of Mori et al (WO 2020095569 A1 hereinafter "Mori").
Regarding claim 20; Ebara in view of Suzuki and Kalonia combination discloses all of feature of claimed invention except for the introduction port is arranged on lower side with respect to the optical paths of the inspection light, the transmitted light and the scattered light, and the discharge port is arranged on upper side with respect to the optical paths of the inspection light, the transmitted light and the scattered light. However, Mori teaches that it is known in the art to provide the introduction port (22c @ figures 3 and 7) is arranged on lower side with respect to the optical paths of the inspection light, the transmitted light and the scattered light (figures 3 and 7: e.g., The introduction port 22c is an opening provided at the lower end of the side peripheral surface of the light-transmitting plate 22 when the light-transmitting plate 22 is in an upright position, that is, when the face plate portion thereof is substantially vertical during measurement. Then, the temperature control fluid is introduced from the lower end portion of the inner peripheral surface of the temperature control fluid storage chamber 22b via the introduction port 22c and the introduction channel 22e extending upward), and the discharge port (22d @ figures 3 and 7) is arranged on upper side with respect to the optical paths of the inspection light, the transmitted light and the scattered light (figures 3 and 7: e.g., The lead-out port 22d is an opening provided at the upper end portion of the side peripheral surface of the light-transmitting plate 22 in the posture during measurement. The temperature-controlled fluid in the temperature-controlled fluid storage chamber 22b is discharged to the outside from the discharge port 22d through the discharge passage 22f extending upward from the upper end of the inner peripheral surface). It would have been obvious to one having ordinary skill in the art the effective filling date of claimed invention to combine the measurement instrument of Ebara with limitation above as taught by Mori for the purpose of the advantage for improving the reproducibility and accuracy measurement.
Allowable Subject Matter
Claims 18-19 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.
The prior art of record, taken alone or in combination, fails discloses or render obvious a measurement instrument comprising all the specific elements with the specific combination including the wiper has a contact portion in contact with the inner peripheral surface of the cell over a predetermined range in the axial direction, and the contact portion is arranged at a position overlapping at least the light source and the detector when viewed in a rotation direction of the cell in set forth of claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Onoda et al (US 2020/0333248) discloses the optical analyzer includes: a light source unit that has a light source and a condenser lens; a light detection unit that detects light of the light source unit; and a support mechanism that movably supports the light source unit and the light detection unit.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG H NGUYEN whose telephone number is (571)272-2425. The examiner can normally be reached M-F.
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/SN/
September 21, 2026
/SANG H NGUYEN/ Primary Examiner, Art Unit 2877
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