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: the title is not descriptive. A new title that would include the inventive features of the claimed invention is respectfully requested.
Appropriate correction is required.
Claim Objections
Claim 18 is objected to because of the following informalities: the phrase “three way valve” should be corrected to –three-way valve—. 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.
Claims 1-26 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 recites the broad recitation “a cartridge fluidly connectable to the gas sample” and also recites “to provide fluid communication between the gas sample and the cartridge through the conduit”, which is the narrower statement of the range/limitation. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired (see MPEP § 2173.05(c)). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Further clarification is respectfully requested.
Regarding claims 1 and 18, the claims recite “one or more sensors capable of measuring or otherwise detecting one or more parameters of the gas sample within the conduit” without disclosing the actual arrangement of the one or more sensors with respect to the conduit and/or the cartridge. 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 relative arrangement of the one or more sensors with respect to the rest of the apparatus.
The claims recite “a pressure gradient draws at least a portion of the gas sample into the cartridge” without defining the device or component configured to generate the pressure gradient. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted element is: the device or component configured to generate the pressure gradient.
The phrase “a conduit with a first end fluidly connectable to the gas sample and a second end opposite to the first end connectable to a three way valve” can be interpreted as the first end being configured to connect to a three-way valve (1) or the first end can be connected to a three-way valve but not necessarily being connected or being configured to connect to the three-way valve (2). For examination purposes, this phrase will be examined according to (1).
Further clarification is respectfully requested.
Regarding claim 20, the claim recites “a three-way valve” without clarifying whether “a three-way valve”, in claim 20, is the same as or in addition to “a three way valve” in claim 18. Further clarification is respectfully requested.
Regarding claim 22, the claim recites “drawing at least a portion of the gas sample […] with a pressure gradient” without defining the device or component configured to generate the pressure gradient. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted element is: the device or component configured to generate the pressure gradient.
The phrase “ the bores are filled with sample media” can be understood as a method step for filling the bores with sample media (3) or that the bores are configured to contain sample media (4). For examination purposes, this phrase will be examined according to (4).
Further clarification is respectfully requested.
Claims 2-17, 19, 21, and 23-26 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 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ahmad et al. (Pat. No. US 10,591,460) (hereafter Ahmad ‘460).
Regarding claim 1, Ahmad ‘460 teaches an apparatus for collecting analyte from a gas sample, the apparatus comprising:
a cartridge fluidly (i.e., sample capture cartridge 100) (see Fig. 1C) connectable to the gas sample (i.e., when a sample is being taken, the fluid sample (e.g., breath) is inserted (e.g., blown) into the sample collection whistle 200 through the whistle sample inlet 212 of the whistle mouthpiece 210 for collection by the sample capture cartridge 100) (see Column 31, lines 11-18), the cartridge shaped to define one or more bores configurable to be in fluid communication with the gas sample (i.e., canister sample ports 142 direct sample fluid from the opening into the canister cavity 144 and towards the porous bowl 130 and the silica 120 it contains) (see 2A-B);
sample media comprising sorbent material insertable into the one or more bores (i.e., silica 120 contained in porous bowl 130) (see Fig. 1C);
a conduit (i.e., body of the sample collection whistle 200 comprising whistle mouthpiece 210) (see Fig. 8A-B) with a first end fluidly connectable to the gas sample (i.e., via the whistle sample inlet 212) (see Fig. 8C) and a second end opposite to the first end, the second end connectable to the cartridge to provide fluid communication between the gas sample and the cartridge through the conduit (i.e., sample capture cartridge 100 loaded into a sample collection whistle) (see at least Fig. 10B),
the conduit further comprising:
one or more sensors capable of measuring or otherwise detecting one or more parameters of the gas sample within the conduit (i.e., the sample collection whistle 200 contains various electrical components including, without limitation, various sensors for analyzing a sample capture cartridge 100 or a sample or analyte of interest contained within or associated with a sample capture cartridge 100. For example, the sample collection whistle 200 may contain various processors and circuitry that automatically segment a sample. For example the sample collection whistle 200 may contain various sensors (e.g., optical sensors, or otherwise) that analyze the silica 120 (or blended bowl) contained beneath the cartridge lens cap 110 of the sample capture cartridge 100) (see Column 31, line 45, to Column 32, line 32);
wherein a pressure gradient draws at least a portion of the gas sample into the cartridge and into contact with the sample media (i.e., when a sample is being taken, the fluid sample (e.g., breath) is inserted (e.g., blown) into the sample collection whistle 200 through the whistle sample inlet 212 of the whistle mouthpiece 210 for collection by the sample capture cartridge 100) (see Column 31, lines 11-18); and
wherein the second end of the conduit is detachably connectable to the cartridge (i.e., cartridge 100 is coupled to mouthpiece 210 via grommet 214) (see at least Fig. 10B).
Claims 2-17 are objected to as being dependent on the rejected base claim.
Regarding claim 22, Ahmad ‘460 teaches a method of collecting analyte from a gas sample, the method comprising:
attaching a first end of a conduit (i.e., mouthpiece 210) (see Fig. 8C) to the gas sample (i.e., when a sample is being taken, the fluid sample (e.g., breath) is inserted (e.g., blown) into the sample collection whistle 200 through the whistle sample inlet 212 of the whistle mouthpiece 210 for collection by the sample capture cartridge 100) (see Column 31, lines 11-18);
attaching a second end of the conduit to a cartridge so as to provide fluid communication between the gas sample and the cartridge through the conduit (i.e., cartridge 100 is coupled to mouthpiece 210 via grommet 214) (see at least Fig. 10B);
drawing at least a portion of the gas sample through one or more bores in the cartridge with a pressure gradient (i.e., when a sample is being taken, the fluid sample (e.g., breath) is inserted (e.g., blown) into the sample collection whistle 200 through the whistle sample inlet 212 of the whistle mouthpiece 210 for collection by the sample capture cartridge 100) (see Column 31, lines 11-18),
wherein the bores are filled with sample media (i.e., silica 120 contained in porous bowl 130) (see Fig. 1C);
adsorbing analyte in the gas sample onto the sample media (i.e., functionalized silica 120 may then absorb or react with an analyte of interest in a sample passed through the porous bowl 130 of the sample capture cartridge 100) (see Column 26, line 5, to Column 27, line 39); and
measuring one or more parameters of the gas sample in the conduit with one or more sensors (i.e., the sample collection whistle 200 contains various electrical components including, without limitation, various sensors for analyzing a sample capture cartridge 100 or a sample or analyte of interest contained within or associated with a sample capture cartridge 100. For example, the sample collection whistle 200 may contain various processors and circuitry that automatically segment a sample. For example the sample collection whistle 200 may contain various sensors (e.g., optical sensors, or otherwise) that analyze the silica 120 (or blended bowl) contained beneath the cartridge lens cap 110 of the sample capture cartridge 100) (see Column 31, line 45, to Column 32, line 32).
Claims 23-26 are objected to as being dependent on the rejected base claim.
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 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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ahmad et al. (Pat. No. US 10,591,460) (hereafter Ahmad ‘460) in view of Ahmad et al. (Pat. No. US 10,782,284) (hereafter Ahmad ‘284)
Regarding claim 18, Ahmad ‘460 teaches an apparatus for collecting analyte from a gas sample, the apparatus comprising:
a cartridge (i.e., sample capture cartridge 100) (see Fig. 1C) fluidly connectable to the gas sample (i.e., when a sample is being taken, the fluid sample (e.g., breath) is inserted (e.g., blown) into the sample collection whistle 200 through the whistle sample inlet 212 of the whistle mouthpiece 210 for collection by the sample capture cartridge 100) (see Column 31, lines 11-18), the cartridge shaped to define one or more bores configurable to be in fluid communication with the gas sample (i.e., canister sample ports 142 direct sample fluid from the opening into the canister cavity 144 and towards the porous bowl 130 and the silica 120 it contains) (see 2A-B);
sample media comprising sorbent material insertable into the one or more bores (i.e., silica 120 contained in porous bowl 130) (see Fig. 1C);
wherein a pressure gradient draws at least a portion of the gas sample into the cartridge and into contact with the sample media (i.e., when a sample is being taken, the fluid sample (e.g., breath) is inserted (e.g., blown) into the sample collection whistle 200 through the whistle sample inlet 212 of the whistle mouthpiece 210 for collection by the sample capture cartridge 100) (see Column 31, lines 11-18);
a conduit (i.e., body of the sample collection whistle 200 comprising whistle mouthpiece 210) (see Fig. 8A-B) with a first end fluidly connectable to the gas sample (i.e., via the whistle sample inlet 212) (see Fig. 8C) and a second end opposite to the first end connectable to a valve (i.e., the sample collection whistle 200 may include electronics (sensors, etc.) for controlling a state of an aspect of the sample collection whistle 200 (e.g., a valve or other element, such as the whistle button 250, that may control, partially or fully, or influence flow of a fluid sample through a sample collection cartridge (e.g., during exhalation)) (see Column 31, line 45, to Column 32, line 32);
an interface that fluidly connects the gas sample to the first end of the conduit (i.e., whistle sample inlet 212) (see Fig. 9C);
an exhaust port fluidly connected to a first exit of the valve (i.e., the exhaust or venting flow path begins at the whistle mouthpiece 2610, where it passes into the whistle sample inlet 2612, then through the exhaust vent 2685 and out to the atmosphere) (see Column 39, line 66, to Column 40, line 13);
a baffle fluidly connected to a second exit of the three way valve, the baffle being shaped to direct fluid to at least one of the one or more of the bores in the cartridge (i.e., cartridge desiccant retainer 160, wherein the desiccant retainer ports 164 of the cartridge desiccant retainer 160 have a different shape(s) than the canister sample ports 142 of the cartridge desiccant canister 140 (e.g., the desiccant retainer port 164 may be a single “+” shaped hole, while the cartridge desiccant canister 140 contains multiple circular canister sample ports 142). Some or all of these features may advantageously contribute to a turbulent flow pattern through part or all of the sample capture cartridge 100) (see Fig. 2A-B); and
one or more sensors capable of measuring or otherwise detecting one or more parameters of the gas sample within the conduit (i.e., the sample collection whistle 200 contains various electrical components including, without limitation, various sensors for analyzing a sample capture cartridge 100 or a sample or analyte of interest contained within or associated with a sample capture cartridge 100. For example, the sample collection whistle 200 may contain various processors and circuitry that automatically segment a sample. For example the sample collection whistle 200 may contain various sensors (e.g., optical sensors, or otherwise) that analyze the silica 120 (or blended bowl) contained beneath the cartridge lens cap 110 of the sample capture cartridge 100) (see Column 31, line 45, to Column 32, line 32); but does not explicitly teach a three way valve.
Regarding the three way valve, Ahmad ‘284 teaches a
a conduit (i.e., flow path between inlet portion 34 and valve 44) (see Fig. 4) with a first end fluidly connectable to the gas sample and a second end opposite to the first end connectable to a three way valve (i.e., valve 44) (see Fig. 4);
an exhaust port fluidly connected to a first exit of the three way valve (i.e., venting port 42) (see Fig. 4);
a baffle fluidly (i.e., baffle of cartridge 32) (see Fig. 7A) connected to a second exit of the three way valve (i.e., flow path FP2) (see Fig. 4). In view of the teaching of Ahmad, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added the three way valve in order to allow the user to recover after deep exhalations.
Claims 19-21 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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