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 .
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.
Claim(s) 1-3, 10, 11, 14, 15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Trainer (U.S. PGPUB 2008/0221711).
Regarding claims 1-3, 10, 11, 14, 15, Trainer discloses ([0202]; Fig. 13) a method of automatically selecting an optimal value or range for at least one measurement parameter (particle concentration) for particle characterization (counts) by laser diffraction ([0002]), comprising: receiving a plurality of measurements (counts the particles and determines the probability of coincidence counting; count statistics) and associated measurement parameters (particle concentration), wherein the measurements are performed on at least one particulate sample (at sample cell) by using laser diffraction to determine at least one particle characteristic (count), wherein the plurality of measurements were obtained using a plurality of values (“adjust the concentration to various levels in succession”) for the at least one measurement parameter; using a processor (computer) to automatically select, based on the at least one particle characteristic and the associated measurement parameters, an optimal value (“optimized”) or range of at least one measurement parameter (concentration) for performing particle characterisation by laser diffraction. Trainer also discloses (Fig. 1) illuminating the sample with a light beam from a light source (light source), generating scattered light over a range of different scattering angles and a processor to determine a particle characteristic; a plurality of detectors (110-113) as claimed. The computer of Trainer inherently has a non-volatile machine readable medium (memory) as claimed. Trainer also discloses (Fig. 13) a particle dispersion unit (pump, flow loop, valve, etc.), the measurement parameters comprise particle dispersion unit settings (concentration) as claimed.
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trainer in view of Ploetz (U.S. PGPUB 2025/0292598).
Regarding claim 13, Trainer discloses the claimed invention as set forth above. Trainer do not disclose a display to guide a user through a set of measurements as claimed. Ploetz teaches (Fig. 1) a particle measurement device having a display (4) to guide (abstract) a user through a set of measurements (results) for providing the measurement and associated parameters (parameters) as claimed. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a display in the apparatus of Trainer in view of Ploetz to provide real-time data to a user for feedback as known and predictable.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trainer.
Regarding claim 7, Trainer discloses the claimed invention as set forth above. Trainer do not disclose the measurement parameter being an agitation amount or stirrer speed as claimed. However, Trainer teaches ([0202]) the parameter being a concentration amount and stirring the particles. One of ordinary skill in the art would recognize that a stirrer speed or agitation amount would affect concentration. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide additional parameters of agitation amount or stirrer speed in the apparatus of Trainer provide more sensitivity in controller concentration as known and predictable.
Allowable Subject Matter
Claims 4-6, 8, 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH LUU whose telephone number is (571)272-2441. The examiner can normally be reached 9AM-5:30PM.
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/THANH LUU/Primary Examiner, Art Unit 2878
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