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 .
Objected Informalities
The disclosure is objected to because of the following informalities:
In The Specification
Applicant is requested to use the following heading(s) to arrange the specification:
1) FIELD OF THE INVENTION;
2) BACKGROUND OF THE INVENTION;
3) SUMMARY OF THE INVENTION;
4) BRIEF DESCRIPTION OF THE DRAWINGS;
5) DETAILED DESCRIPTION OF THE INVENTION.
In The Claims
Claim 1, line 4, “, preferably” should be deleted.
Claim 1, line 5, “in particular” should be deleted.
Claim 1, line 12, “wherein” should be deleted.
Claim 1, line 19, “wherein” should be -- and --.
Claim 2, line 8, “, preferably” should be deleted.
Claim 2, line 12, “, in particular oscillates, more particular” should be deleted.
Claim 2, line 13, “, preferably” should be deleted.
Claim 2, line 14, “in particular” should be deleted.
Claim 2, line 14, “more preferably” should be deleted.
Claim 3, line 4, “in particular” should be deleted.
Claim 3, line 8, “in particular” should be deleted.
Claim 8, line 4, “, preferably” should be deleted.
Claim 9, line 16, “analyzer;” should be -- analyzer; and --.
Claim 10, line 2, “claim 1” should be -- claim 9 --.
Claim 10, lines 9-10, “, in particular oscillates, more particular” should be deleted.
Claim 10, line 11, “, preferably” should be deleted.
Claim 10, line 12, “in particular” should be deleted.
Claim 10, line 12, “more preferably” should be deleted.
Claim 11, line 4, “in particular” should be deleted.
Claim 11, line 7, “in particular” should be deleted.
Claim 15, line 2, “method” should be -- method according --.
Claim 16, line 2, “method” should be -- method according --.
Appropriate correction is required.
Objected drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the adjustable control parameters with a temperature measuring element in a control loop as recited in claims 6, 7 and 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Rejection under 35 U.S.C. 112, Second Paragraph
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 1-17 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 pre-AIA the applicant regards as the invention.
Claim 1 is indefinite for reciting the limitations “preferably” and “in particular” in lines 4-5. How is the preheating device preferably comprising a temperature control means? How are the temperature control means for in particular preheating at least one gas flow of the plasma source relative to room temperature?
Claim 2 is indefinite for reciting the limitations “preferably”, “in particular”, “more particular”, “more preferably” and “deflection whose value”. How is the sample gas flow preferably throughout the entire period between the start of the operation of the analyzer and the stop of operation of the analyzer? How is the variable injection temperature varying in particular oscillates, more particular oscillates sinusoidally, around and/or about a predetermined constant temperature value? What is the deflection value? How is the deflection value preferably less than 5%, in particular less than 2.5%, and more preferably less than 1.25 % of the predetermined constant temperature value?
Claim 3 is indefinite for reciting the limitations “in particular”. How is the temperature at the injection site in particular higher than 400°C?
Claim 8 is indefinite for reciting the limitations “preferably” in line 4. What is preferably?
Claim 10 recites the limitation "The temperature-controlled gas flow-plasma source analysis method" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 is indefinite for reciting the limitations “in particular”, “more particular”, “preferably”, “more preferably” and “deflection whose value”. How is the variable injection temperature varying in particular oscillates, more particular oscillates sinusoidally, around and/or about a predetermined constant temperature value? What is the deflection value preferably? How is the deflection value preferably less than 5%, in particular less than 2.5%, and more preferably less than 1.25 % of the predetermined constant temperature value?
Claim 11 is indefinite for reciting the limitations “in particular” in lines 4 and 7. How is the injection temperature in particular higher than 400°C?
Claim 17 recites the limitation "the temperature-controlled gas flow-plasma source analysis method" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Rejection under 35 U.S.C. 102(a)(1)
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.
Claims 1, 4-6, 8-9 and 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagata et al. (2017/0221688).
Nagata et al. (2017/0221688) discloses, in figs. 1-7, a temperature control plasma source analyzer arrangement which includes
Regarding claim 1,
a plasma source 30 (see figs. 1-3);
at least one preheating device 311 located in front of the plasma source 30, configured to increase the temperature of at least one gas flow in a column 310 and comprising a temperature control means (see [0075]) for heating, preheating, and/or cooling at least one gas flow in a column 310 of the plasma source 32 relative to room temperature (see fig. 3) so that the at least one gas flow reaches the plasma source 30 only after leaving the preheating device 311;
an analyzer 40 configured to analyze an ionized sample aerosol 15 (see figs. 1-3);
wherein
the at least one gas flow comprises a sample gas flow 21 with a sample aerosol 15 (see figs. 1-3);
the plasma source 30 is configured to ionize the sample aerosol 15 of the sample gas flow 21 (see figs. 1-3); and
the arrangement designed as a modular system, and the preheating device 311 constructed as a separate module (see fig. 3).
Regarding claim 4, wherein the preheating device 311 is designed as externally heated metal capillaries or metal tubes, internal heating elements, heating coils, heating filaments, heating grids, heating braids, external heating elements, heating lines, laser heating, a pre-plasma, and/or electromagnetic radiation sources (see fig. 3).
Regarding claim 5, wherein the preheating device 311 comprises at least one control unit, at least one gas transfer line 310 and at least one temperature control unit (see [0075]).
Regarding claim 6, wherein the preheating device is designed to controllably increase the temperature on the basis of adjustable fixed control parameters and/or adjustable control parameters with a temperature measuring element in a control loop (see [0075]).
Regarding claim 8, wherein preheating the at least one gas flow to reduce a residence time of the sample gas flow with the sample aerosol in the plasma source, and a shortened residence time effecting or allowing to a reduction of diffuse losses of extractable ions and element fractionation are considered to be inherent in the Nagata et al. (2017/0221688) temperature control plasma source analyzer arrangement, as Nagata et al. (2017/0221688) discloses the sample gas and the sample aerosol which are preheated in the oven and heated in transfer line 313 and an injector 314 to assist the processing time of the plasma generator for ionizing a sample in the plasma generator 30 (see fig. 3, [0075]).
Regarding claim 9, comprising the following steps:
setting control parameters in the preheating device (see oven in fig.3);
feeding at least one gas flow 15, 16 into the preheating (see oven in fig. 3) at a start temperature Ts, wherein the at least one gas flow comprises a sample gas flow 16 with a sample aerosol 15 (see figs. 1-3);
heating the at least one gas flow in the preheating device to an injection temperature Tin (the temperature after the sample heated by oven), wherein Ts < Tin (see fig. 3);
feeding the sample gas flow into the plasma source 30 at injection temperature Tin;
heating the sample gas flow in the plasma source 30 to extraction temperature Tex with ionization of the sample aerosol of the sample gas flow, wherein Ts < Tin < Tex (see fig. 3);
extracting ionized sample aerosol 32 (plasma) at extraction temperature Tex and feeding to an analyzer 40 (see figs. 1-3); and
performing the analysis of the ionized sample gas flow in the analyzer 40 (see figs. 1-3).
Regarding claim 12, wherein the start temperature Ts being room temperature is considered to be inherent in the Nagata et al. (2017/0221688) temperature control plasma source analyzer arrangement, since the preheating device is off (room temperature) before it is the start temperature Ts to heat the gas flow.
Regarding claim 13, wherein the at least one gas flow with its temperature increased in the preheating device is formed from
the sample gas flow 16 (see figs. 1-3) or
the sample gas flow 16 and the auxiliary gas flow 17 or
the sample gas flow 16 and the cooling gas flow 18 or
the sample gas flow 16 and the auxiliary gas flow 17 and the cooling gas flow 18.
Regarding claim 14, wherein the sample aerosol 15 in the sample gas flow 16 is partially pre-evaporated in the preheating device (see oven in fig. 3).
Regarding claim 15, wherein the setting of control parameters in the preheating device is realized via fixed control parameters (see fig. 3, [0075]) and/or control parameters with a temperature measuring element in a control loop.
Regarding claim 16, wherein heating the at least one gas flow in the preheating device (Oven) to the injection temperature Tin is carried out such that a share of energy to be applied in the plasma source 30 for the evaporation and ionization of the sample aerosol 15 in the sample gas flow 310 is reduced (see fig. 3, [0075]).
Regarding claim 17, utilizing the temperature-controlled gas flow-plasma source analysis method for controlling the temperature of at least one gas flow of a plasma source 30 (see fig. 3, [0075]).
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Forster et al. (4,833,322).
Forster et al. (4,833,322) discloses, in figs. 1-6, a temperature control plasma source analyzer arrangement, which includes
Regarding claim 1,
- a plasma source 20 (see fig. 1);
- at least one preheating device 6 comprising a temperature control means 10 for heating, preheating, and/or cooling at least one gas flow 8 of the plasma source 20 relative to room temperature (see fig. 1);
- an analyzer 30 (see fig. 1); and
- the at least one gas flow 8 comprises a sample gas flow with a sample aerosol (see, figs. 1, 3, Par. 4-7 in background of the invention, Pars. 10-17 in summary, Pars. 2, 14, 20 of description); wherein
- the plasma source 20 is configured to ionize the sample aerosol of the sample gas flow 29 (see fig. 1);
- the analyzer 30 is configured to analyze the ionized sample aerosol 29 (see fig. 1);
- the preheating device 6 is configured to increase the temperature of the at least one gas flow 8 (see fig. 1);
- the preheating device 6 is located in front of the plasma source 20 so that the at least one gas flow 8 reaches the plasma source 20 only after leaving the preheating device 6 (see fig. 1);
- the preheating device 6 is configured to controllably increase the temperature of the at least one gas flow 8 (see fig. 1); and
- the arrangement is designed as a modular system, and the preheating device 6 is constructed as a separate module (see fig. 1).
Regarding claim 2, wherein the preheating device 6 is configured to preheat the sample gas flow 8 of the plasma source 20 such that the sample gas flow 8 has, throughout an entire period of time between a start of an operation of the analyzer 30 and a stop of the operation of the analyzer 30, a constant injection temperature Tin at an injection site where the sample gas flow 9 is introduced in the plasma source 30 (see fig. 1, Par. 6, “constant temperature” is in term of “held there for about six seconds”, “held there for about five seconds” in Pars. 12, 36, “held at this temperature for about one minute” in Par. 34 of description); or
wherein the preheating device 6 is configured to preheat the sample gas flow 8 of the plasma source 20 such that the sample gas flow 8 has, preferably throughout the entire period between the start of the operation of the analyzer 30 and the stop of operation of the analyzer 30, a variable injection temperature at the injection site 21 where the sample gas flow 9 is introduced into the plasma source 20,
wherein the variable injection temperature varies, in particular oscillates, more particular oscillates sinusoidally, around and/or about a predetermined constant temperature value, preferably with a deflection whose value is less than 5%, in particular less than 2.5%, and more preferably less than 1.25 % of the predetermined constant temperature value (see fig. 1, Pars. 12, 34, 36 of description).
Regarding claim 3, wherein the preheating device 6 is configured to preheat the sample gas flow 8 of the plasma source 20 such that the sample gas flow 8 has a constant injection temperature Tin at the injection site 21 which is higher than 200°C, in particular higher than 400°C (see fig. 1, Par. 6, “constant temperature” is in term of “held there for about six seconds”, “held there for about five seconds” in Pars. 12, 36, “held at this temperature for about one minute” in Par. 34 of description); or
wherein the preheating device 6 is configured to preheat the sample gas flow 8 of the plasma source 20 such that the sample gas flow 8 has a variable injection temperature with a predetermined constant temperature value which is higher than 200°C, in particular higher than 400°C (see fig. 1, Pars. 12, 34, 36 of description).
Regarding claim 4, wherein the preheating device 6 is designed as
- externally heated metal capillaries or metal tubes (see fig. 2) and/or
- internal heating elements 201, 202L, 202R (see fig.2) and/or
- heating coils and/or
- heating filaments and/or
- heating grids or heating braids and/or
- external heating elements and/or
- heating lines and/or
- laser heating and/or
- a pre-plasma and/or
- electromagnetic radiation sources.
Regarding claim 5, wherein the preheating device 6 comprises at least one control unit 10, at least one gas transfer line 7, 9 and at least one temperature control unit (see arrows connected between the preheating device 6 and the controller 10 shows at least one temperature monitoring device for feedback or loop temperature to the controller 10 in fig. 1, Par. 17 of Summary, Pars. 4, 12, 23, of description).
Regarding claim 6, wherein the preheating device 6 is designed to controllably increase the temperature on the basis of adjustable fixed control parameters and/or adjustable control parameters with a temperature measuring element in a control loop (see arrows connected between the preheating device 6 and the controller 10 shows at least one temperature monitoring device for feedback or loop temperature to the controller 10 in fig. 1, Pars. 12, 23, 34, 36 of description).
Regarding claim 7, wherein the preheating device 6 is designed to control a temperature in a cooling gas flow 8 and/or an auxiliary gas flow 11 (see fig. 1, Pars. 4, 22, 35 of description) on the basis of adjustable fixed control parameters and/or adjustable control parameters with a temperature measuring element in a control loop (see arrows connected between the preheating device 6 and the controller 10 shows at least one temperature monitoring device for feedback or loop temperature to the controller 10 in fig. 1, Pars. 12, 23, 34, 36 of description).
Regarding claim 8, wherein preheating the at least one gas flow 8, 11 to reduce a residence time of the sample gas flow with the sample aerosol in the plasma source 20, and a shortened residence time effecting or allowing to a reduction of diffuse losses of extractable ions and element fractionation are considered to be inherent in the Forster et al. (4,833,322) temperature control plasma source analyzer arrangement, as Forster et al. (4,833,322) discloses the sample gas and the sample aerosol which are preheated in the preheating device 6 to assist the processing time of the plasma source 20 for ionizing a sample in the plasma source 20 (see fig. 1, Pars. 4, 12, 34, 36 of description).
Regarding claim 9, comprising the following steps:
- setting control parameters in the preheating device 6 (see the controller 10 fig.1);
- feeding at least one gas flow 8, 11 into the preheating 6 at a start temperature Ts, wherein the at least one gas flow 8, 11 comprises a sample gas flow with a sample aerosol (see fig. 1);
- heating the at least one gas flow 8, 11 in the preheating device 6 to an injection temperature Tin, wherein Ts < Tin, where Ts is the room temperature (see fig. 1);
- feeding the sample gas flow 9 into the plasma source 20 at injection temperature Tin (see fig.1);
- heating the sample gas flow 9 in the plasma source 20 to extraction temperature Tex with ionization of the sample aerosol of the sample gas flow 9, wherein Ts < Tin < Tex, where Tex is plasma temperature;
- extracting ionized sample aerosol at extraction temperature Tex and feeding to the analyzer 30 (see fig. 1); and
- performing the analysis of the ionized sample gas flow in the analyzer 30 (see fig. 1).
Regarding claim 10, wherein heating the at least one gas flow 8, 11 in the preheating device 6 to the injection temperature Tin comprises heating the sample gas flow 8, 11 in the preheating device 6 to an injection temperature Tin which is constant throughout an entire period of time between a start of an operation of the analyzer 30 and a stop of the operation of the analyzer 30 (see fig. 1, Par. 6, “constant temperature” is in term of “held there for about six seconds”, “held there for about five seconds” in Pars. 12, 36, “held at this temperature for about one minute” in Par. 34 of description); or
wherein heating the at least one gas flow 8, 11 in the preheating device 6 to the injection temperature Tin comprises heating the sample gas flow 8, 11 in the preheating device 6 to a variable injection temperature, wherein the variable injection temperature varies, in particular oscillates, more particular oscillates sinusoidally, around and/or about a predetermined constant temperature value, preferably with a deflection whose value is less than 5 %, in particular less than 2.5 %, and more preferably less than 1.25 % of the predetermined constant temperature value (see fig. 1, Pars. 12, 34, 36 of description).
Regarding claim 11, wherein the sample gas flow 8, 11 is heated in the preheating device 6 to an injection temperature Tin which is higher than 200°C, in particular higher than 400°C (see fig. 1, Pars. 12, 34, 36 of description); or wherein the sample gas flow 8, 11 is heated in the preheating device 6 to a variable injection temperature with a predetermined constant temperature value which is higher than 200°C, in particular higher than 400°C (see fig. 1, Par. 6, “constant temperature” is in term of “held there for about six seconds”, “held there for about five seconds” in Pars. 12, 36, “held at this temperature for about one minute” in Par. 34 of description).
Regarding claim 12, wherein the start temperature Ts being room temperature is considered to be inherent in the Forster et al. (4,833,322) temperature control plasma source analyzer arrangement, since the preheating device is off (room temperature) before it is the start temperature Ts to heat the gas flow.
Regarding claim 13, wherein the at least one gas flow 8, 11 with its temperature increased in the preheating device 6 is formed from
- the sample gas flow 8, 11 or
- the sample gas flow 8 and the auxiliary gas flow or
- the sample gas flow 8 and the cooling gas flow 11 or
- the sample gas flow 8 and the auxiliary gas flow and the cooling gas flow 11 (see fig. 1).
Regarding claim 14, wherein the sample aerosol in the sample gas flow 8 is partially pre-evaporated in the preheating device 6 (see fig. 1).
Regarding claim 15, wherein the setting of control parameters in the preheating device 6 is realized via fixed control parameters (see the controller 10 in fig. 1) and/or control parameters with a temperature measuring element in a control loop (see arrows connected between the preheating device 6 and the controller 10 shows at least one temperature monitoring device for feedback or loop temperature to the controller 10 in fig. 1, Pars. 12, 23, 34, 36 of description).
Regarding claim 16, wherein heating the at least one gas flow 8, 11 in the preheating device 6 to the injection temperature Tin is carried out such that a share of energy to be applied in the plasma source 20 for the evaporation and ionization of the sample aerosol in the sample gas flow 9 is reduced (see fig. 1, Pars. 12, 34, 36 of description).
Regarding claim 17, utilizing the temperature-controlled gas flow-plasma source analysis method for controlling the temperature of at least one gas flow of a plasma source 20 (see fig. 1, Pars. 12, 34, 36 of description).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Piepmeier (4,517,495) and Stephan (2024/0272122) disclose a plasmas ion source for an analyzer system using a preheating device to reduce a plasma power for generating a plasma.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TUAN NGUYEN whose telephone number is (571)272-2479. The examiner can normally be reached on Monday-Friday 8-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert H. Kim can be reached on 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/KIET T NGUYEN/Primary Examiner, Art Unit 2881
Prosecution Insights