DETAILED ACTION
Claim Rejections - 35 USC § 112
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.
Claim 2 is 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 it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 recites “charge density of 0.1 mmol/g or larger” does not further limit “charge density of 0.1 mmol/g or larger” as recited in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 7-11, 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JPS56117355U (hereinafter ‘355).
Claim 1. ‘355 teach an ion-selective electrode for measuring a target ion contained in a sample liquid (ion selective electrode for measuring ions in sample liquid; see Fig 2 and [0002]), comprising:
an electrode casing that stores an internal liquid (outer cylinder 1 stored internal liquid 6; see Fig 2);
an internal electrode partially in contact with the internal liquid (conducting wire 7 in contact with internal liquid 6); and
an ion-sensitive membrane that separates the sample liquid from the internal liquid (ion sensitive membrane 5 separates the sample liquid from internal liquid; see Fig 2), wherein
the ion-sensitive membrane, whose side directed to the sample liquid is defined as a first face, and whose side directed to the internal liquid is defined as a second face, has the first face, covered with an inert layer that suppresses an ion exchange reaction between the ion-sensitive membrane and the sample liquid (protective layer 8 is disposed on ion sensitive membrane 5 first face facing the sample liquid; see Fig 2),
the ion-selective electrode, during use for measurement of the target ion, is configured to keep at least a part of the inert layer that covers the first face of the ion-sensitive membrane in contact with the sample liquid, and to keep at least a part of the second face of the ion-sensitive membrane in contact with the internal liquid (protective layer covers the first face of the ion sensitive membrane in contact with sample liquid; see Fig 2),
the inert layer is formed of non-ion-responsive material (protective film is made up of PVC excluding ion-sensitive substance; see claim 5),
the inert layer has a charge density of 0.001 mmol/g or smaller (protective film is made up of PVC which is comprised of same material as applicant, thus it would be inherent PVC based protective film would have charge density of 0.001 mmol/g or smaller), and
the ion-selective electrode is configured for use in measuring concentration of the target ion, with the first face of the ion-sensitive membrane covered with the inert layer (protective layer 8 is disposed on ion sensitive membrane 5 first face facing the sample liquid for measurements; see Fig 2).
Claim 3. ‘355 teach the ion-sensitive membrane contains an ion-exchange resin (PVC comprised of ion exchanger; [0002].
Claim 4. ‘355 teach the ion-sensitive membrane has a treated layer for improving ion selectivity, at least at a part of the first face in contact with the sample, and has the inert layer formed on the treated layer on the first face side (ion exchanger is coated onto the ion-sensitive membrane; see Fig 2).
7-10. ‘355 teach the inert layer is formed of an insulating material (protective layer is comprised of PVC (polyvinyl chloride); [0002]).
Claim 11. ‘355 teach the inert layer has a part whose thickness is 0.10 µm or larger and 10 µm or smaller (protective layer has thickness in the range of 7-100 µm).
Claim 14. ‘355 teach the target ion is a cation (potassium ion; [0002]).
Claim 15. ‘355 teach an electrolyte concentration measuring device (ion concentration measuring device; [0002]) comprising: the ion-selective electrode according to claim 1 (see rejection of claim 1 above); and a concentration calculation unit configured to calculate concentration of the target ion, with reference to information on potential measured with use of the ion- selective electrode (ion concentration measuring device would inherently have concentration calculation to determine the concentration of ion based on measured signal such as potential value).
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) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over JPS56117355U (hereinafter ‘355).
Claims 12 and 13. ‘355 teach ion sensitive membrane is comprised of palinomycin as the ionophore to detection K ion [0002]. ‘355 do not teach the target ion is an anion i.e. chlorine ion. However, it is well known in the art, different ionophores provide selectivity for ions, therefore, one of ordinary skill in the art could easily substitute palinomycin for chloride selective ionophore to detect chloride ion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GURPREET KAUR whose telephone number is (571)270-7895. The examiner can normally be reached M-F 9:30-6.
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, Curtis Mayes can be reached at 571-272-1234. 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.
/GURPREET KAUR/
Primary Examiner
Art Unit 1759
