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 Objections
Claim 3 is objected to because of the following informalities: claim 3 appears to have a missing limitation: “an HVAC unit that is configured to maintain a temperature within the sample analysis area at a desired level, wherein the HVAC unit [missing limitation];”. Appropriate correction is required.
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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blomdahl et al. (WO 2011/146014).
Regarding claim 1, Blomdahl discloses a system comprising: an analysis assembly (Fig. 6), wherein the analysis assembly comprises: an X-ray Fluorescence (XRF) detection subassembly (item 28) defining a sample analysis area (Fig. 6, item 28), wherein the XRF detection subassembly comprises: an X-ray source configured to deliver radiation to a core or rock sample positioned within the sample analysis area (item 32 is an x-ray source irradiating core sample in box 33); and an XRF sensor configured to detect X-ray fluorescence in response to the radiation delivered to the core or rock sample by the X-ray source (item 34), wherein a vertical position of the X-ray source and the XRF sensor are selectively adjustable (Blomdahl pp. 10-11); a sample movement pathway comprising a sample loading location where a core tray in which the core or rock sample is received is presented to the sample movement pathway, wherein the sample movement pathway defines a path for the core tray in which the core or rock sample is received to be advanced from the sample loading location to the sample analysis area (p. 4 fourth paragraph); a second sensor configured to provide a signal indicative of a vertical position of the core or rock sample within the sample analysis area to permit maintenance of a precise gap between the XRF sensor and the core or rock sample as the XRF detection subassembly continuously scans a given row of the core or rock sample within the core tray (p. 7, first and second paragraphs); and at least one processor communicatively coupled to the XRF detection subassembly, wherein for each delivery of radiation to a core or rock sample positioned within the sample analysis area, the at least one processor is configured to receive at least one output from the XRF sensor, wherein the at least one output is indicative of the measured XRF of the core or rock sample positioned within the sample analysis area. (p. 8, third paragraph)
Regarding claim 2, Blomdahl further discloses the second sensor comprises an ultrasonic sensor. (Blomdahl, p. 13, sixth paragraph, “The position measuring means can be of other types, e.g. of a wide laser type, ultrasound or radar type.”)
Regarding claim 3, Blomdahl further discloses an HVAC unit that is configured to maintain a temperature within the sample analysis area at a desired level, wherein the HVAC unit; and an environmental monitoring device that logs temperature variations within the sample analysis area. (Blomdahl, p. 11, fourth paragraph, “It also includes a climate control system, symbolically shown with a ventilation unit 46”; p. 12, 5th paragraph, “The housing of the device […] is provided with additional ancillary devices (not shown) that in a known way, can regulate climate and environment in the housing”)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Blomdahl in view of Kuwabara et al. (2003/0133536)
Regarding claim 4, Blomdahl lacks explicit teaching of a gas supply source configured to supply gas to the XRF detection subassembly.
Kuwabara teaches a gas supply source configured to supply gas to the XRF detection subassembly. (Kuwabara, [0008], [0022])
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include the helium gas supply system of Kuwabara into the XRF system of Blomdahl in order to prevent atmospheric interference in the XRF data collection process.
Regarding claim 5, the combination of Blomdahl and Kuwabara further teaches the gas supply source is a Helium supply source that is configured to supply Helium gas to the XRF detection subassembly. (Kuwabara, [0022])
Regarding claim 6, the combination of Blomdahl and Kuwabara further teaches the gas supply source is an onboard Helium supply subsystem that is configured to supply Helium gas to the X-ray source. (Kuwabara, [0022]; combination with Blomdahl, p. 12, 5th paragraph)
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Blomdahl in view of Kuwabara and Stock et al. (2013/0235974).
Regarding claims 7-9, the combination of Blomdahl and Kuwabara lack explicit teaching of the claimed details of the helium atmosphere system.
Stock teaches selective gas rate flow control via solenoid valve and computer control. (Stock, [0024])
Computer control of the He gas system, together with pressure regulation of the atmosphere, would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention in order to fully implement the “climate control” directive in Blomdahl and the He atmosphere directive in Kuwabara.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Blomdahl.
Regarding claims 10-13, the sample box shown in Fig. 5 appears to be the functional equivalent of the claimed verification assembly, with motion relative to the x-ray scanner and computer control thereof. There does not appear to be a functional difference between radial motion and linear motion for the purposes of sample control, and therefore it must be concluded that such differences as exist between the claimed embodiment and that disclosed in Blomdahl are superficial and therefore obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN C GUNBERG whose telephone number is (571)270-3107. The examiner can normally be reached Monday-Friday, 8:30AM-5:00PM.
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/EDWIN C GUNBERG/Primary Examiner, Art Unit 2884
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