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 Objections
Claims 1, 6, and 35 are objected to because of the following informalities:
Claim 1: In Line 3, the Examiner assumes that “an light scattering instrument” should actually be --a light scattering instrument--.
Claim 1: In Line 16, the Examiner assumes that “pressure of the fluid” should actually be --pressure to the fluid--.
Claim 1: In Line 17, the Examiner assumes that “the pressure cell;” should actually be --the pressure cell; and--.
Claim 6: In Line 4, the Examiner assumes that “positioned adjacent orthogonal windows” should actually be --positioned adjacent to the orthogonal windows--.
Claim 35: In Line 1, the Examiner assumes that “A method of for retrofitting” should actually be --A method of retrofitting--.
Appropriate correction is required.
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.
Claims 1,5-6,8-9, 12, 14, 16, 18-19, 22-23, 25-26, 28, and 30-32 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.
Claim 1 recites the following three elements: “an external condition-inducing system”, “a biological sample”, and “a plurality of detectors”. However, it from the way in which the claim is formatted, it is unclear if the apparatus comprises these three elements (in addition to “a pressure cell”), or if these three elements are separate from the apparatus (and thus directly part of “A system for evaluating light scattering properties of a liquid sample”). Therefore, for purposes of examination, the Examiner assumes that the apparatus comprises these three elements. The Examiner suggests further formatting the claim to remove the indefiniteness issue.
Claim 9 recites the limitation "the predetermined condition" in Line 1. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner assumes that “the predetermined condition” should actually be --the predetermined temperature and pressure--.
Claim 25 recites the limitation "the predetermined condition" in Line 1. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner assumes that “the predetermined condition” should actually be --the predetermined temperature and pressure--.
Claim 26 recites the limitation "the predetermined condition" in Line 2. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner assumes that “the predetermined condition” should actually be --the predetermined temperature and pressure--.
Claim 28 recites the limitation "the predetermined condition" in Lines 1-2 and 4. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner assumes that “the predetermined condition” should actually be --the predetermined temperature and pressure--.
Claim 30 recites the limitation "the predetermined condition" in Line 1. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner assumes that “the predetermined condition” should actually be --the predetermined temperature and pressure--.
Claim 31 recites the limitation "the predetermined condition" in Line 1. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner assumes that “the predetermined condition” should actually be --the predetermined temperature and pressure--.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 8, 16, 22-23, 25-26, 28, and 30-32 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which they depend, or for failing to include all the limitations of the claim upon which they depend. Claims 8, 22-23, 25-26, 28, and 30-32 depend, directly or indirectly, on cancelled claim 7. Claim 16 depends on cancelled claim 15. Therefore, for purposes of examination, the Examiner will assume each of claims 8 and 16 to depend directly on claim 1.
Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims comply with the statutory requirements.
Allowable Subject Matter
Claims 34-35 are allowed.
The following is an Examiner’s statement of reasons for allowance:
Claim 34: None of the prior art of record, alone or in combination, teaches or discloses an apparatus configured to be secured to a light scattering instrument having a chassis and a laser source configured to emit a laser beam along a path, the apparatus comprising:
a pressure cell mounted to the chassis, the pressure cell comprising a chamber defined by one or more walls and configured to contain a fluid pressurized up to 350 MPa, a plurality of light-transmissive windows in the one or more walls, including at least a beam entry window and a beam exit window positioned in the path of the laser beam, and one or more windows positioned orthogonal to the path of the laser beam, and a sample enclosure positioned in the path of the laser beam, the sample enclosure isolated from, but in temperature and pressure communication with, the fluid; and
an external condition-inducing system configured to provide a predetermined temperature and pressure of the fluid within the pressure cell chamber,
in combination with the rest of the limitations of independent claim 34.
Claim 35: None of the prior art of record, alone or in combination, teaches or discloses a method of retrofitting an atmospheric light scattering instrument, the atmospheric-pressure light scattering instrument having a chassis and a laser source configured to emit a laser beam along a path, the method comprising:
mounting a pressure cell to the chassis, the pressure cell comprising a chamber defined by one or more walls and configured to contain a fluid pressurized up to 350 MPa, a plurality of light-transmissive windows in the one or more walls, including at least a beam entry window and a beam exit window positioned in the path of the laser beam, and one or more windows positioned orthogonal to the path of the laser beam, and a sample enclosure positioned in the path of the laser beam, the sample enclosure isolated from, but in temperature and pressure communication with, the fluid;
providing an external condition-inducing system configured to provide a predetermined temperature and pressure of the fluid within the pressure cell chamber;
providing one or more openings in the chassis for facilitating a connection between the pressure cell and the external condition-inducing system; and
connecting a pressure cable of the external condition-inducing system to the pressure cell via a pressure inlet,
in combination with the rest of the limitations of independent claim 35.
Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 1, 5-6, 8-9, 12, 14, 16, 18-19, 22-23, 25-26, 28, and 30-32 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), fourth paragraph set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Wyatt et al. (US 2018/0259430), hereinafter Wyatt, discloses a system (Fig. 5) for evaluating light scattering properties of a liquid sample, the system comprising:
a sample cell (503) comprising a path (504) through which a laser beam travels, with a sample enclosure (502) positioned in the path (504) of the laser beam [0036];
a biological sample (501) received in the sample enclosure (502) of the sample cell (503) [0010,0036]; and
a plurality of detectors (d1, d2, d3) positioned adjacent to the sample cell (503), the plurality of detectors (d1, d2, d3) comprising one or more light scattering detectors (d1, d2, d3) positioned adjacent orthogonal to the path (504) of the laser beam and configured to detect one or more characteristics of light scattered from the laser beam passing through the sample (501) [0036].
Ebara et al. (JP 5072777), hereinafter Ebara, discloses a system (Fig. 4) for evaluating light scattering properties of a liquid sample, the system comprising:
a laser source (62) configured to emit a laser beam along a path (L1) [0027];
a measurement cell (61) comprising the path (L1) through which the laser beam travels, with a sample enclosure (661H) positioned in the path (L1) of the laser beam [0026];
a biological sample (S) received in the sample enclosure (661H) of the measurement cell (61) [0016]; and
a plurality of detectors (63, 64) positioned adjacent one or more of a plurality of windows (M2, M3) of the sample cell (61), the plurality of detectors (63, 64) comprising one or more of a transmission detector (63) disposed adjacent an exit window (M2), and one or more light scattering detectors (64) positioned adjacent one or more windows (M3) orthogonal to the path (L1) of the laser beam and configured to detect one or more characteristics of light scattered from the laser beam passing through the sample (501) [0028].
Neither Wyatt nor Ebara discloses the system comprising:
a light scattering instrument comprising a chassis;
an apparatus configured to be secured to the light scattering instrument, the apparatus comprising:
a pressure cell mounted to the chassis, the pressure cell comprising a chamber defined by one or more walls and configured to contain a fluid pressurized up to 350 MPa, a plurality of light-transmissive windows in the one or more walls, including at least a beam entry window and a beam exit window positioned in the path of the laser beam, and one or more windows positioned orthogonal to the path of the laser beam, and a sample enclosure positioned in the path of the laser beam, the sample enclosure isolated from, but in temperature and pressure communication with, the fluid, the chamber defining a fluid passageway configured to transmit heat or cold from the fluid therein to the biological sample secured within the sample enclosure; and
an external condition-inducing system configured to provide a predetermined temperature and pressure of the fluid within the pressure cell chamber.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to HINA F AYUB whose telephone number is (571)270-3171. The Examiner can normally be reached on 9am-5pm ET Mon-Fri.
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, Tarifur Chowdhury can be reached on 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hina F Ayub/
Primary Patent Examiner
Art Unit 2877
Prosecution Insights