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. Therefore, the listed must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
a connector exterior to the body (Claim 4)
a plurality of conducting traces (Claim 4, 6)
a four wire measurement (Claim 6)
a first pair of the traces (Claim 6)
a second pair of the traces (Claim 6)
a first end of the temperature sensor (Claim 6)
a second end of the temperature sensor (Claim 6)
a U-shaped portion (Claim 7)
a first vertical leg, a second vertical leg and a horizontal cross bar between the first and second vertical legs (Claim 7, 8)
an H-shaped portion, the upper region of the H-shaped portion comprising the U-shaped portion, and the lower legs of the H-shaped portion contacting a bottom surface of the body (Claim 9)
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a body configured” Claims 1-2, 4-5, 10-12
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-2, 10-11, 14, 19-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 3689276 B2.
Claim 1
JP 3689276 B2 discloses an instrument for particle analysis by dynamic light scattering (Par. 0001 of translation; Background of the Invention), comprising; a sample cell holder (Fig. 1, Ref. 2b, cell holder), configured to receive a sample cell (Fig. 1, Ref. 2; cell), the sample cell (Fig. 1, Ref. 2) for holding a sample comprising particles (Fig. 1, Ref. 4) suspended in a diluent fluid (Fig. 1, Ref. 3); a light source (Fig. 1, Ref. 5) configured to illuminate the sample (Fig. 1, Ref. 4) with a light beam, thereby producing scattered light (Para. 0015) from the interaction of the light beam with the particles in a scattering region (See Fig. 1); a light detector (Fig. 1, Ref. 11), configured to detect the scattered light from the scattering region and to output scattering data (Para. 0026); a temperature sensor (Fig. 1, Ref. 15b; temperature sensor), configured to measure a temperature of the sample cell holder (Fig. 1, Ref. 2b)(Para. 0021); a processor (Fig. 1, Ref. 17, CPU) configured to receive the scattering data and the measure of temperature of the sample cell holder (Fig. 1, Ref. 2b)(Para. 0022), and to determine a particle size by performing a dynamic light scattering analysis on the scattering data (Para. 0029); a temperature verification device (Fig. 1, Ref. 15a, 15c), comprising: a body (Fig. 1, Ref. 2 is a body) configured to be received in the sample cell holder (Fig. 1, Ref. 2b); a calibrated temperature sensor (Fig. 1, Ref. 15a; ) within the body (Fig. 1, Ref. 2), arranged to measure a temperature of the scattering volume (Para. 0018).
PNG
media_image1.png
628
482
media_image1.png
Greyscale
PNG
media_image2.png
280
334
media_image2.png
Greyscale
Claim 2
JP 3689276 B2 discloses a body (Fig. 1, Ref. 2) configured to be received in the sample cell holder (Fig. 1, Ref. 2b); a calibrated temperature sensor (Fig. 1, Ref. 15a) within the body (Fig. 1, Ref. 2) at a position corresponding with a scattering volume of the dynamic light scattering instrument (Fig. 1, Ref. 5, 11).
Claim 10
JP 3689276 B2 discloses the body (Fig. 1, Ref. 2) comprises a sample cell of the same type (the sample cell and body are combined as an all-in-one) that is usable for performing a dynamic light scattering analysis (Fig. 1, Ref. 5, 11).
Claim 11
JP 3689276 B2 discloses the body is a cuvette (See Fig. 1,2, Ref. 2, square shaped cell).
Claim 14
JP 3689276 B2 discloses the device (Fig. 1) comprises a sample analog (Fig. 1, Ref. 3, 4; samples) in which the calibrated temperature sensor (Fig. 1, Ref. 15a) is embedded.
Claim 19
JP 3689276 B2 discloses the temperature verification device (Fig. 1, Ref. 15a) further comprises a thermal cap (Fig. 1, Ref. 2a), and the body (Fig. 1, Ref. 2b) is attached to the thermal cap (Fig. 1, Ref. 2a).
Claim 20
JP 3689276 B2 discloses placing a temperature verification device (Fig. 1, Ref. 15a) in a sample cell holder (Fig. 1, Ref. 2b); comparing (difference) a temperature measured by the temperature verification device (Fig. 1, Ref. 15a) with a temperature measured by the instrument (Fig. 1, Ref. 15b)(Para. 0019, 0022); verifying that the temperature measured by the dynamic light scattering instrument (Fig. 1, Ref. 5, 11) is representative of the temperature measured by the temperature verification device (Fig. 1, Ref. 15a)(Para. 0022).
Claim 21
JP 3689276 B2 discloses the temperature verification device (Fig. 1, Ref. 15a) is a temperature verification device (Fig. 1, Ref. 15a) according to any preceding temperature verification device claim, or the dynamic light scattering instrument (Fig. 1, Ref. 5, 11) and the temperature verification device (Fig. 1, Ref. 15a) together comprise a system according to any preceding system claim.
Claim 22
JP 3689276 B2 discloses adjusting a temperature readout of the dynamic light scattering instrument until the temperature of the sample measured by dynamic light scattering instrument is within a predefined tolerance of the temperature measured by the temperature verification device (Para. 0021).
Claim 23
JP 3689276 B2 discloses repeating measurements at a plurality of different temperatures corresponding with a specified range of temperature control for the instrument (Para. 0022-0023; performs various calculations).
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) 3-9, 12-13, 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 3689276 B2.
Claim 3
JP 3689276 B2 discloses the claimed invention except for the calibrated temperature sensor comprises a thin film PT100 sensor. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine JP 3689276 B2 with the thin film PT100 sensor since it was well known in the art that using such a sensor provides for more accurate measurement of temperature and ensures stability of the optical and electronic components. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 4, 6-9
JP 3689276 B2 discloses the claimed invention except for a printed circuit board, the printed circuit board comprising a plurality of conducting traces connecting the calibrated temperature sensor to a connector exterior to the body or the plurality of traces comprises four traces for performing a four wire measurement of a resistance of the temperature sensor, a first pair of the traces connected to a first end of the temperature sensor, and a second pair of the traces connected to a second end of the temperature sensor; the first vertical leg comprises the first pair of the traces, with the first trace of the first pair of traces patterned on a first side of the first vertical leg, and the second trace of the first pair of traces patterned on a second, opposite, side of the first vertical leg, and the second vertical leg comprises the second pair of the traces, with the first trace of the second pair of traces pattered on a first side of the second vertical leg, and the second trace of the second pair of traces pattered on a second, opposite pair of the second vertical leg; the printed circuit board comprises an H-shaped portion, the upper region of the H-shaped portion comprising the U-shaped portion, and the lower legs of the H-shaped portion contacting a bottom surface of the body. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to modify JP 3689276 B2 with printed circuit board trace(s), U-shaped or H-shaped portions since it was well known in the art that a printed circuit board with conducting traces connected to a temperature sensor offers accurate, compact, reliable, and cost-effective temperature measurement by combining the sensing element, signal path, and processing circuitry into one integrated platform, therefore improving the quality of the measurement. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 5
JP 3689276 B2 discloses the claimed invention except for the body comprises a cuboidal interior volume, and the printed circuit board is disposed corner to corner in the cuboidal interior volume. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to modify JP 3689276 B2 with printed circuit board disposed corner to corner since it was well known in the art that placing circuit corner to corner provides full coverage when in the detection device, therefore preventing signal errors. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 12-13
JP 3689276 B2 discloses the claimed invention except for the body is 12.5mm square section cuvette or the cuvette is a glass or polystyrene cuvette. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to modify JP 3689276 B2 with size and material listed above since it was well known in the art that using a 12.5 mm square glass cuvette is a industry-standard, optically precise, chemically stable, and compatible with most spectrophotometer, therefore providing accurate, reproducible absorbance measurements. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claims 15-18
JP 3689276 B2 discloses the claimed invention except for the sample analog has a volume of between 0.5 and 2 ml; the sample analog comprises a solid phase polymeric material; the sample analog comprises silicone; the sample analog has a thermal conductivity of between 0.1 W/m.K and 2 W/m.K at 25°C. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to modify JP 3689276 B2 with various sample analog(s) listed above since it was well known in the art that combining small sample volumes, polymeric sorbents, and moderate thermal conductivity yields, higher analyte recovery and selectivity, therefore providing a balance extraction efficiency, sample integrity, and operational practicality in modern chromatographic sample preparation The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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 at 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 October 8, 2026
Prosecution Insights