DETAILED ACTION
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.
Claim 10 is 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 10 recites the limitation "the electrochemical sensor" in line 5. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 2, 5, 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fanselow et al. (US 2019/0011393) in view of Lobbert et al. (US 2017/0176375).
Claim 1. Fanselow et al. teach a sensor cap for an electrochemical sensor for determining a concentration of an analyte in a measurement medium (sensor cap 7 for electrochemical sensor 1; [0038][0036] and Fig 1), the sensor cap comprising:
a main part, which extends along a first axis and has a first end, which includes a first opening, and a second end, which is opposite the first end and includes a second opening, wherein an electrolyte chamber extends between the first opening and the second opening (sensor cap 7 has main body which extends along axis; see Fig 1 and has a first end has first opening closed by membrane 8 and second end opposite of first end which is connected to probe body 5, wherein housing chamber 9 filled with electrolyte extends between the two ends; see Fig 1 and [0037][0038]), and wherein a connector is formed at the second end, which is configured to connect the sensor cap to a sensor body of the electrochemical sensor (screw connection 6 formed at second end is used to connect the sensor cap and probe body 5; [0037] and Fig 1),
a membrane unit including a first membrane element wherein the first membrane element is permeable to the analyte (membrane 8 is porous and permeable to analyte; 0042]), the membrane is connected to sensor cap body such that the opening of the first end is closed by the membrane [0037] and the membrane is welded to main body of sensor cap [0037]).
Fanselow et al. do not teach membrane 8 includes a second membrane element, and the second membrane element comprises a material that is impermeable to the analyte, wherein the second membrane element includes a through-hole,
However, Lobbert et al. teach membrane for electrochemical sensor could have one or several functional layers, wherein the membrane is comprised of polymer layer intended for contact with measuring fluid and a second layer comprising sensor-specific substance made up of silicon [0038][0074][0053] and since the analyte enters the second layer, thus the layer includes a through hole.
Since, Lobbert et al. and Fanselow et al. are to same field of endeavor, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention in view of Lobbert et al. teaching to add additional functional layer to membrane of Fanselow et al. to detect concentration of analyte upon change in optical property.
Claim 2. Fanselow et al. in view of Lobbert et al. teach the first membrane element comprises a hydrophilic material (PVDF which could be rendered hydrophilic to have excellent wettability during aqueous measuring fluid; Lobbert et al. [0054]), and the second membrane element comprises a gas-tight material (silicon material; [0053]).
Claim 5. Fanselow et al. teach the main part comprises a plastics material, and wherein the membrane unit is ultrasonically welded to the main part (probe body is made up of PVC; [0037] and the membrane is welded to main body of sensor cap [0037]).
Claim 6. Fanselow et al. teach an electrochemical sensor comprising a sensor cap according to claim 1 (see claim 1 rejection above), wherein the sensor body includes an electrode unit (electrode body 10; [0039]), wherein the electrode unit includes an electrode (working electrode 11; [0039]), and wherein the sensor cap is connected to the sensor body via the connector (screw connection 6 connect the sensor cap and probe body 5; [0037] and Fig 1), and an electrolyte is disposed in the electrolyte chamber (housing chamber 9 filled with electrolyte; [0038]).
Claim 8. Fanselow et al. in view of Lobbert et al. teach a method for manufacturing the sensor cap according to claim 1 (see rejection of claim 1 above), the method comprising:
providing the main part and the membrane unit (providing sensor cap 7 and membrane unit 8); and,
connecting the membrane unit and the main part such that the first membrane element and the second membrane element are connected to the main part and close the first opening (welding membrane 8 to sensor cap to close first end; [0037]),
wherein the first membrane element and the second membrane element are simultaneously ultrasonically welded to the main part (Lobbert et al. teach membrane 1 is formed as unit [0050], thus modified Fanselow et al. simultaneously ultrasonically welded membrane unit to the sensor body; [0037]).
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) 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fanselow et al. (US 2019/0011393).
Claim 10. Fanselow et al. teach sensor cap for an optochemical sensor for determining a concentration of an analyte in a measurement medium (measuring probe 201 comprises probe cap 207 for an optochemical sensor; [0048]), the sensor cap comprising:
a main part, which extends along a first axis and has a first end and a second end opposite the first end, wherein a window is formed at the first end and a connecting unit is formed at the second end in order to connect the sensor cap to a sensor body of the electrochemical sensor (probe cap 207 has main body which extends along axis; See Fig 4 and has a first end has first opening closed by membrane 208 and second end opposite of first end which is connected to probe body 205; [0048] and Fig 4),
a membrane unit having a first membrane element and a second membrane element, wherein the first membrane element is permeable to the analyte and the second membrane element comprises a material that comprises a luminescent substance (membrane 208 comprises first layer 208.1 has pores and permeable and second layer 208.3 comprised of luminophore; [0051]),
wherein the membrane unit is connected to the main part such that the window is covered by the membrane unit, wherein the first membrane element and the second membrane element are welded to the main part (membrane 208 is connected to sensor cap 207 to cover the first end opening and are either glued, clamped or welded; [0048][0053].
Claim 11. Fanselow et al. teach a method for manufacturing the sensor cap according to claim 10 (see rejection of claim 10 above), the method comprising: providing the main part and the membrane unit, and connecting the membrane unit and the main part such that the first membrane element and the second membrane element are welded to the main part and the window is covered by the membrane unit (membrane 208 is connected to sensor cap 207 to cover the first end opening and are either glued, clamped or welded; [0048][0053].
Claim 12. Fanselow et al. teach an optochemical sensor comprising the sensor cap according to claim 10 and a sensor body (see rejection of claim 10 above and probe body 205), wherein the sensor cap is connected to the sensor body (sensor cap 207 is connected to probe body 205; [0048]).
Allowable Subject Matter
Claims 3-4, 7, 9 and 13 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
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/GURPREET KAUR/
Primary Examiner
Art Unit 1759
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