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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 11/12/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-14 are objected to because of the following informalities:
Claim 1 states “a second end portion (18) comprising an air outlet (14') and a second locking mechanism (13) adapted to be switched between an open position during sampling and an airtight closed position characterized in that the air sampler adapter (11) is detachable from the pipe (21) connecting it to the zone of interest and in that the first and second locking mechanisms (12, 13) are adapted to be locked in airtight closed position for clean transportation when detached”. This should be written as “a second end portion (18) comprising an air outlet (14') and a second locking mechanism (13) adapted to be switched between an open position during sampling and an airtight closed position; characterized in that the air sampler adapter (11) is detachable from the pipe (21) connecting it to the zone of interest and in that the first and second locking mechanisms (12, 13) are adapted to be locked in airtight closed position for clean transportation when detached”.
Claim 4 states “the locking mechanism (13) of the second end portion (18)”. For consistency purposes, this should be written as “the second locking mechanism (13) of the second end portion (18)”.
Claim 5 states “the locking mechanism (12) of the first end portion (17)”. For consistency purposes, this should be written as “the first locking mechanism (12) of the first end portion (17)”.
Claim 8 states “characterized in that each of the bore closing modules (1212, 1222) has the form of a sliding tongue with an opening, which can be displaced linearly so as to align its opening with the bore (1211, 1221) of the part onto which they are mounted and open the passage or totally misalign so as to close the passage”. This should be written as “characterized in that each of the bore closing modules (1212, 1222) has the form of a sliding tongue with an opening, wherein each sliding tongue is capable of being displaced linearly so as to align its opening with the bore (1211, 1221) of the part onto which they are mounted and open the passage or totally misalign so as to close the passage”.
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.
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 4 and 6-9 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 4 states “the locking mechanism (13) of the second end portion (18) is a fast release locking mechanism”. The term “fast release” in claim 4 is a relative term which renders the claim indefinite. The term “fast release” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what amount of time is considered to be “fast” when releasing the locking mechanism. For examination purposes, the Examiner will interpret the limitation in question as “the locking mechanism (13) of the second end portion (18) is a release locking mechanism”.
Claim 6 states “the upper and lower parts (121, 122) are mounted to each other via a threading mechanisms (123)”. Due to how the limitation is written, it is unclear whether there is a singular threading mechanism or a plurality of threading mechanisms. For examination purposes, the Examiner will interpret the limitation in question as “the upper and lower parts (121, 122) are mounted to each other via a threading mechanism (123)”.
Claims 7-8 are also rejected due top dependency on claim 6.
Claim 9 is dependent on claim 1 and states “the upper and lower parts”. However, claim 1 does not previously recite “upper and lower parts”. In fact, it is claim 5 the recites for the first time “an upper part and a lower part”. It is unclear whether the claim 9 should depend on claim 5 rather than on claim 1 in terms of antecedent basis. For examination purposes, the Examiner will interpret the limitation in question as claim 9 having dependency on claim 5 rather than on claim 1.
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.
Claims 1-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saragosa et al. (EP 2932231; hereinafter “Saragosa”).
Regarding claim 1, Saragosa teaches a sampler adapter ([0004]; Figures 1A-D, 2A-2E, 3A-3E, 4A-4C, and 5A-5C) adapted to air-tightly contain an air sampling unit (element 174 permits air/gases to be sampled into a container 1208; [0004, 0095]; See Figures 12) remotely sampling air of a zone ([0095]) of interest via a pipe ([0095]), comprising
a main portion (131 and 160; Figure 1D) comprising a housing (131; Figure 1D) and a base portion (160; Figures 1D) comprising fixing means (elements 176, 178 and 180; Figures 1D and 3B; [00109]), wherein the fixing means (elements 176, 178 and 180) is configured to fix the air sampling unit (174) within said housing (elements 176, 178 and 180 will fix the air sampling unit 174 within housing 131; Figures 1A-D, 2A-2E, 3A-3E),
a first end portion (106; Figure 1D) comprising a sampled air inlet (port 108; Figure 1D) and a first locking mechanism (110; Figure 1D) adapted to be switched between an open position during sampling (Figures 2D-2E and 3D-3E) and an airtight closed position (Figures 2A-2C and 3A-3C), and
a second end portion (160) comprising an air outlet (162; Figure 1D) and a second locking mechanism (172; Figures 1A-D, 2A-2E, 3A-3E, 4A-4C, and 5A-5C) adapted to be switched between an open position during sampling (Figures 2D-2E and 3D-3E) and an airtight closed position (Figures 2B and 3B);
characterized in that the air sampler adapter ([0004]; Figures 1A-D, 2A-2E, 3A-3E, 4A-4C, and 5A-5C) is detachable from the pipe connecting it to the zone of interest ([0004 and 0006]) and in that the first and second locking mechanisms (110 and 172) are adapted to be locked in airtight closed position (Figures 2B and 3B demonstrate the mechanisms 110 and 172 in an airtight closed position) .
Regarding claim 1, the Examiner notes that the limitations, “for clean transportation when detached” is an intended use type limitation. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the air sampler adapter of Saragosa is capable of being detached for clean transportation. See In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963). See MPEP 2114.
Regarding claim 2, Saragosa teaches the first and second end portions (106 and 160) comprise a fitting (107; Figure 3A) for being connected to a duct (opening of the reservoir, i.e. zone of interest, that communicates with the opening 108) connecting to the zone of interest (See Figures 1A, 1D and 3A).
Regarding claim 3, Saragosa teaches the air sampler adapter ([0004]; Figures 1A-D, 2A-2E, 3A-3E, 4A-4C, and 5A-5C) is an in-line airborne microbe sampling adapter (withdraw samples from the reservoir to check for microbial contamination; [0005]).
Regarding claim 4, Saragosa teaches the locking mechanism (172; Figures 1A-D, 2A-2E, 3A-3E, 4A-4C, and 5A-5C) of the second end portion (160) is a release locking mechanism (element 172 is released from a closed position to an open position and vice versa; Figures 1A-D, 2A-2E, 3A-3E, 4A-4C, and 5A-5C).
Regarding claim 5, Saragosa teaches the locking mechanism (110) of the first end portion (106) comprises an upper part (124; Figures 3A-3E) and a lower part (125; Figures 3A-3E) mounted together (See Figures 3A-3E) and each presenting a bore (502 of 124 and bore 503 of 125; Figures 4A and 5A) and a bore closing module (126 of 124 and 127 of 125; Figures 4A and 5A).
Regarding claim 6, Saragosa teaches the upper and lower parts (124 and 125; Figures 4A-4C and 5A-5C) are mounted to each other via a threading mechanism (134; Figures 4A-4C and 5A-5C; [00102, 00108, 0018, 00120]).
Regarding claim 7, Saragosa teaches when assembled, the upper and lower parts (124 and 125) have their bores (502 and 503) aligned so as to provide an air passage (Figures 4C and 5C demonstrate the bores 502 and 503 to provide an air passage).
Regarding claim 9, Saragosa teaches the upper and lower parts (124 and 125) are mounted together (See Figures 4A-4C and 5A-5C) so as to provide a gap (gap between the modules 126 and 127 where element 136 is accommodated) between the two bore closing modules (126 and 127).
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 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Saragosa in view of Guo et al. (CN 109030126; hereinafter “Guo”; English translation provided by the Examiner).
Regarding claim 10, Saragosa teaches an airborne particle detection station ([0004]; Figures 1A-D, 2A-2E, 3A-3E, 4A-4C, and 5A-5C) comprising a chamber (101; Figure 1A; [0089, 0091]) in which an air to be analyzed in housed ([0004, 0089, 0091]), and an air sampler adapter (Figures 1A-D, 2A-2E, 3A-3E, 4A-4C, and 5A-5C) according to claim 1 (See the rejection of claim 1 above).
Saragosa teaches the chamber but does not expressly teach a pump adapted to suck air from the chamber.
However, Guo teaches a pump (7; Figure 1; [0018, 0023, 0025]) adapted to suck air from the chamber (6; [0018, 0023, 0025]; Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Guo’s pump attached to Saragosa’s chamber in order to provide a proper flow of air or gas to the collection container, this increases the reliability of collecting sampled gas.
Regarding claim 11, the combination of Saragosa and Guo teaches wherein the air sampler adapter ([0004]; Figures 1A-D, 2A-2E, 3A-3E, 4A-4C, and 5A-5C: Saragosa) is disposed in-line (by implementing the pump of Guo between the air outlet 162 and the collection container 1208 of Saragosa, the resulting structure will have the adapter in-line between the chamber and the pump) between the chamber (101; Figure 1A; [0089, 0091]: Saragosa and 6: Guo) and the pump (7; Figure 1; [0018, 0023, 0025]: Guo).
Allowable Subject Matter
Claim 8 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
In claim 8, the specific limitations of "each of the bore closing modules has the form of a sliding tongue with an opening, which can be displaced linearly so as to align its opening with the bore of the part onto which they are mounted and open the passage or totally misalign so as to close the passage" in combination with the remaining limitations as claimed are neither anticipated nor made obvious over the prior art made of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY W MEGNA FUENTES whose telephone number is (571)272-6456. The examiner can normally be reached M-F: 8AM-4PM.
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/ANTHONY W MEGNA FUENTES/Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/Supervisory Patent Examiner, Art Unit 2855
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