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 .
Claim Rejections - 35 USC § 112
Claims 1-10 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.
As to claim 1, it’s not clear what “total organic carbon concentration” is limited to. Is it anything that has the carbon atom? Nothing in the specification provide any guidance.
As to claim 5, the claim is directed to a system (apparatuses are limited to combinations of structure and functional limitations), but the body of the claim presents a correction unit that carries out a method (last 4 lines). Methods are combination of steps, and thus cannot further define an apparatus. An apparatus may be configured to carry out steps, but the claim is not so limited. It’s not clear what combination of structure and functional limitation this system (apparatus) is truly limited to include.
As to claim 10, lines 5-6 are confusing as they claim the same material twice. Consider that that claim calls for “a standard solution” (line 5) and “a standard solution” (line 6), and that those two solutions are the same material. The time sequence is not apparent. Contrast “diluting a” (line 5) with - - providing a diluted - - .
As to claim 10, “conducted by a first feed line to the measurement device” (lines 5-6) is confusing, as it’s not clear what “to the measurement device” portion is suggesting. Are words missing in this claim? That term “conducted” (lines 5,6) may be the problematic term as no clear meaning is provided in the specification.
Claim Rejections - 35 USC § 102
Claim(s) 1,9,10 is/are rejected under 35 U.S.C. 102a1 as being a1 by Kishioka et al ‘473.
Reference Kishioka et al WO 2020054473 teach (Figure 5) a calibration curve solution production system that produces and supplies a calibration curve solution for creating a calibration curve to a measurement device that uses the calibration curve to measure the total organic carbon concentration of a liquid to be analyzed, comprising:
a first feed line (from diluent pump 106 to tank 104) that conducts diluent to the measurement device 101;
a second feed line (from pump 105 to line 104) that conducts a standard solution to the first feed line; and
a mixing unit (mix tank 104) that is provided in the first feed line to dilute the standard solution by mixing the diluent with the standard solution, wherein:
the calibration curve solution production system supplies to the measurement device a mixture of the diluent and the standard solution mixed in the mixing unit as the calibration curve solution
“ calibration is performed using a standard solution of a known concentration when the device is started, when electrodes are replaced, or when reagent bottles are replaced, and a calibration curve is created”.
As to claims 1,9, “for creating … that uses … analyzed” (lines 2-3) is a statement of intended use. As such, the Reference teaches claim 1.
As to claim 10, “that uses … analyzed” (lines 3-4) is a statement of intended use. As such, the Reference teaches claim 10.
Claim Rejections - 35 USC § 102
Claim(s) 1,9,10 is/are rejected under 35 U.S.C. 102a1 as being a1 by Wiederin et al 10,192,726.
Reference Wiederin et al 10,192,726 teach (Figure 5B) a calibration curve solution production system that produces and supplies a calibration curve solution for creating a calibration curve to a measurement device that uses the calibration curve to measure the total organic carbon concentration of a liquid to be analyzed, comprising:
a first feed line (116 to inlet of 172) that conducts diluent 116 to the measurement device 130,124;
a second feed line (104 to valve 118) that conducts a standard solution to the first feed line; and
a mixing unit (inside valve 130) that is provided in the first feed line to dilute the standard solution by mixing the diluent with the standard solution
“a sample is pumped into a first valve assembly 118 and mixed with at least one of an internal standard 104, a diluent 116, and/or a carrier 108 according to a desired dilution rate (e.g., 1× dilution), such that a prepared sample is pumped to a torch assembly 124 at a rate of 200 μL/min. In another example, it is determined that a sample is to be diluted (e.g., 200× dilution). In this example, a sample is pumped into a first valve assembly 118 and mixed with a carrier 108, a diluent 116, and/or an internal standard 104. Further in this example, the sample is then pumped from the first valve assembly 118 to a second valve assembly 130, mixed with a carrier 144 (e.g., at a rate of 20,000 μL/min), and pumped to a torch assembly 124”
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, wherein:
the calibration curve solution production system supplies to the measurement device a mixture of the diluent and the standard solution mixed in the mixing unit as the calibration curve solution
“As successive dilutions of an internal standard are supplied (e.g., to create a calibration curve in the case of an internal sample)”.
As to claims 1,9, “for creating … that uses … analyzed” (lines 2-3) is a statement of intended use. As such, the Reference teaches claim 1.
As to claim 10, “that uses … analyzed” (lines 3-4) is a statement of intended use. As such, the Reference teaches claim 10.
Claim Rejections - 35 USC § 102
Claim(s) 1,9,10 is/are rejected under 35 U.S.C. 102a1 as being a1 by Yahata 2012/0039750.
Loo teaches (Figure 1) a calibration curve solution production system that produces and supplies a calibration curve solution for creating a calibration curve to a measurement device that uses the calibration curve to measure the total organic carbon concentration of a liquid to be analyzed, comprising:
a first feed line (100 to 500) that conducts diluent (water) to the measurement device;
a second feed line (vertical line for pump 300) that conducts a standard solution to the first feed line; and
a mixing unit that is provided in the first feed line to dilute the standard solution by mixing the diluent with the standard solution
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, wherein:
the calibration curve solution production system supplies to the measurement device a mixture of the diluent and the standard solution mixed in the mixing unit as the calibration curve solution
“In order to prepare a calibration curve through the calibration before the analysis, the flow rate of the first syringe pump 300 is adjusted, and various concentrations of the standard solution are mixed with the sample flowing on the flow tube 30 to be diluted, And the concentration is measured.”
As to claims 1,9, “for creating … that uses … analyzed” (lines 2-3) is a statement of intended use. As such, the Reference teaches claim 1.
As to claim 10, “that uses … analyzed” (lines 3-4) is a statement of intended use. As such, the Reference teaches claim 10.
Claim Rejections - 35 USC § 103
Claim(s) 1,2,3,4,5,7,8,9,10 is/are rejected under 35 U.S.C. 103 as being obvious over Yahata 2012/0039750 in view of Loo KR 20150050232.
Yahata teaches measuring TOC by employing a calibration curve.
Yahata does not employ the system/method of claim 1,10.
As to claim 1,9,10, it would have been obvious to employ Loo’s system/process to provide a calibration curve because Loo teaches an effective system/method to provide such.
As to claim 7, Yahata employs decomposition unit.
As to claim 8, Yahata’s measured signals are such per Para 95,96, suggestive of the calibration solution values providing the same, the values of such suggests calibration levels in that range per claims 2,3,4. Such values suggest employing a sensor that incudes the above values, as one of ordinary skill would utilize any known sensor that would include those measured values of Table 1.
As to claim 5, either (1) once the curve is created, a (second) sample is measured or (2) one of ordinary skill is aware of employing such “standard addition method”, and thus would recognize such, or (3) the phrase “using a standard … controller” (italics added, last 5 lines) is a statement of use in an apparatus claim (no weight can be attributed to intended use).
Reference Cited; Not Applied
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Reference Jun 20160109335 teaches (Para 111) adjusting dilution ratin of standard solution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Monday to Friday from 8am to 4pm.
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/ROBERT R RAEVIS/ Primary Examiner, Art Unit 2855
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