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 . 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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Sacks, US5281256A.
Claim 1
Sacks1 in e.g., figs. 1 and 11 teaches:
A gas analysis system comprising:
a first column 22 and a second column 24, each of the first column 22 and the second column 24 separating sample gas into gas components (Column 14 is the pre-separation column, and Tee-fitting 16 splits flow to columns 22 and 24, with pressure/switching used to direct different component groups to whichever column can resolve them e.g., col.7 l.34-40. L.63-66);
a first supply source (CARRIER GAS from 30) and a second supply source (CARRIER GAS from 32) that supply first carrier gas and second carrier gas for carrying sample gas, respectively, the first carrier gas and the second carrier gas being different in type from each other (col.7 l.34-40, 63-66, they should be different based on separation need);
a first flow channel (defined by 14-22-FID) through which sample gas portion that has passed through the first column 22 over first carrier gas flows (32 OPEN:14→22→detector and 14→24→detector are distinct paths);
a second flow channel (defined by 14-24-FID) through which sample gas portion that has passed through the second column 24 over second carrier gas flows (30 OPEN: The document explicitly describes valves 30 and 32 being independently opened/closed by a controller to alternate which column receives the sample stream, and states these valves sit outside the analyte flow path: 14→22→detector and 14→24→detector are distinct paths);
a thermal conductivity detector (FID, based on col.3 l.64-66 a single detector also is possible) that detects components in gas based upon thermal conductivity difference for the components (col.1 l.47-48, FID can be replaced by a TCD); and
a switching device (claim 4 switching between a first state and second state attributed to first and second channel) arranged among the first flow channel (14-22-FID), the second flow channel (14-24-FID), and the thermal conductivity detector (FID can be TCD), the switching device being configured to switch between a first state in which the thermal conductivity detector (FID can be TCD) is connected to the first flow channel (14-24-FID) and a second state in which the thermal conductivity detector is connected to the second flow channel (col.3 L.64-66).
Claim 2
Sacks teaches the gas analysis system according to claim 1, wherein the switching (switching network described with regard to figs.1 and 11) device includes a flow channel through which the first flow channel (14-22-FID), the second flow channel (14-24-FID), and the thermal conductivity detector (FID can be TCD see e.g., col.1 l.47-48) are connected to one another, and a plurality of valves (30,32) provided on the flow channel (including all channels cited above), the plurality of valves (30, 32) being controllable independently of one another (function met by controller 80 and accordance to 14-22 or 14-24),
the flow channel is configured to form the first state and the second state in accordance with combination of controlled states of the plurality of valves (claim 4 switching between a first state and second state attributed to first and second channel).
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, 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 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Sacks, US5281256A in view of Zheng , US20150369781A1.
Claim 3
Sacks teaches the gas analysis system according to claim 2, but does not specifically teach wherein each of the plurality of valves includes a base portion where a flow inlet for introduction of gas into inside and a flow outlet for flow to outside, of gas introduced through the flow inlet are formed, and a diaphragm portion arranged as being opposed to the base portion, the diaphragm portion elastically deforming to switch between flow and cut-off of gas from the flow inlet to the flow outlet.
In the similar field of endeavor, Zheng2 in figs.1A,1B teaches: valve 108 includes a base portion 114 where a flow inlet 102 for introduction of gas into inside and a flow outlet 104 for flow to outside, of gas introduced through the flow inlet 102 are formed, and a diaphragm portion 120 arranged as being opposed to the base portion 114, the diaphragm portion 120 elastically deforming to switch between flow and cut-off of gas (fig.1A) from the flow inlet to the flow outlet. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Zheng‘s valves for Sack‘s system. One of ordinary skill in the art knows these valves are chosen for fluid control systems primarily because of their unique design would have been motivated to make this modification in order to isolate process media from the mechanical operating components.
Claim 4
Sacks teaches the gas analysis system according to claim 2 , but does not specifically teach wherein each of the plurality of valves is made of silicon. Zheng teaches valves is made of silicon (¶0028). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Zheng‘s silicon for Sack‘s valves. One of ordinary skill in the art knows silicon valves would have been motivated to make this modification in order to their better elasticity.
Claim 5
Sacks teaches the gas analysis system according to claim 1, but does not specifically teach wherein first carrier gas is helium gas, and second carrier gas is nitrogen gas. Zheng teaches first carrier gas is helium gas, and second carrier gas is nitrogen gas (¶0005). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Zheng‘s helium gas and nitrogen gas for Sack‘s first carrier gas and second carrier gas. One of ordinary skill in the art knows helium and nitrogen gases most common carrier gases in gas chromatography as would have been motivated to make this modification in order to mix of a practical and performance reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm.
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/FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
1 Prior art of record
2 Prior art of record
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