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 .
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.
Regarding claim 1, the second gas detection module (2060B) includes a second chamber (2054B) that is separably disposed on the main body and includes a second chamber-side inflow channel (emphasis added) detachably connected to the main body-side inflow channel, a second chamber side outflow channel (emphasis added) detachably connected to the main body-side outflow channel, and a second internal space (emphasis added) interposed between the second chamber-side inflow channel and the second chamber-side outflow channel, 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 includes, “a second gas detection module that is separably disposed on the main body and detects the gas, wherein: the second gas detection module includes a second chamber that is separably disposed on the main body and includes a second chamber-side inflow channel detachably connected to the main body-side inflow channel, a second chamber side outflow channel detachably connected to the main body-side outflow channel, and a second internal space interposed between the second chamber-side inflow channel and the second chamber-side outflow channel.” The specification as filed notes a single chamber 2052 with two spaces (Applicant’s Figure 17A & B; 2054A & 2054B) that interacts with the first and second gas sensors (Applicant’s Figure 17A & B; 2060A & 2060B). There is only a single set or inflow and outflow channels (2052in and 2052out) on the single chamber (2052). Therefore, a second chamber with second inlet and second outlet being separably disposed on the main body is not enabled by the specification as filed in such a way that one of ordinary skill in the art can make or use the invention as claimed.
There are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is "undue." These factors include, but are not limited to:
(A) The breadth of the claims;
(B) The nature of the invention;
(C) The state of the prior art;
(D) The level of one of ordinary skill;
(E) The level of predictability in the art;
(F) The amount of direction provided by the inventor;
(G) The existence of working examples; and
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
A conclusion of lack of enablement means that, based on the evidence regarding each of the above factors, the specification, at the time the application was filed, would not have taught one skilled in the art how to make and/or use the full scope of the claimed invention without undue experimentation. In re Wright, 999 F.2d 1557,1562, 27 USPQ2d 1510, 1513 (Fed. Cir. 1993).
With respect to claim 1, Figures 16A-C only show a single inlet 2052in and a single outlet 2052out. There is not enough direction provided by the inventor that would enable one to apply a second chamber with second inflow and outflow channels. Therefore, there is no direction as to where one of ordinary skill in the art would place additional inlets and outlets on the second chamber 2054B in Figures 17A & B to have a functioning gas detection module as claimed. (Wands Factor F). There are no working examples disclosed that would enable one of ordinary skill in the art to have a second chamber with second inflow and outflow channels. Therefore, there is no direction as to where one of ordinary skill in the art would place additional inlets and outlets on the second chamber 2054B in Figures 17A & B to have a working gas detection module as claimed. (Wands Factor G). Therefore, one of ordinary skill in the art could not make the gas detector with two separate chambers, each chamber with a separate inlet and outlet. Since claim 1 lacks enablement, then claims 2 and 3, which depend from claim 1, lack enablement as well.
Conclusion
The examiner did not include any prior art rejections at this time due to the current 112 rejections of the claims. The 112 issues prevented the examiner from being able to make an appropriate rejection based upon the prior art. However, should the applicant amend the claim such that the 112 rejection issues are resolved, the examiner might possibly make a rejection in view of prior art at that time. If such a prior art rejection is made, the examiner would like to make the applicant aware that such a rejection would be due to an amendment to the claims and thus such rejection can be made final upon the next correspondence from the Patent Office.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY T FRANK whose telephone number is (571)272-2193. The examiner can normally be reached M-F 9am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at (571) 272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RODNEY T. FRANK
Examiner
Art Unit 2855
September 15, 2026
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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