US. Patent Application Serial No.: 12/530,555
`Response filed June 25, 2015
`Reply to 0A dated March 25, 2015
`
`REMARKS
`
`Claims 1-8 are currently pending in the subject application. Claim 1 has been amended
`
`herein,
`
`in order to more particularly point out and distinctly claim subject matter.
`
`The
`
`amendments to claim 1 are supported by the original disclosure (see, for example, page 17 of the
`
`specification of the subject application, in paragraph [0037]).
`
`The Applicants respectfully submit that no new matter has been added. The amendments
`
`herein are supported by the original disclosure. It is believed that this paper is fully responsive to
`
`the Office Action dated March 25, 2015.
`
`Interview
`
`The Applicants and Applicants’ attorney thank Examiner Hurst for the interview
`
`courteously granted on June 24, 2015, during which the following issues were discussed: the
`
`rejections in the Office Action of March 25, 2015; the cited art; the pending claims; and possible
`
`amendments to the pending claims. During the interview, agreement was reached regarding the
`
`claims. During the interview, Examiner Hurst suggested that all pending rejections to the claims
`
`would probably be Withdrawn if Applicants amended independent claim 1 to incorporate the
`
`composition of the standard gas as follows: “wherein the stande gas includes at least carbon
`
`dioxide gas, oxygen gas and nitrogen gas.”
`
`
`Response filed June 25, 2015
`Reply to 0A dated March 25, 2015
`
`REMARKS
`
`Claims 1-8 are currently pending in the subject application. Claim 1 has been amended
`
`herein,
`
`in order to more particularly point out and distinctly claim subject matter.
`
`The
`
`amendments to claim 1 are supported by the original disclosure (see, for example, page 17 of the
`
`specification of the subject application, in paragraph [0037]).
`
`The Applicants respectfully submit that no new matter has been added. The amendments
`
`herein are supported by the original disclosure. It is believed that this paper is fully responsive to
`
`the Office Action dated March 25, 2015.
`
`Interview
`
`The Applicants and Applicants’ attorney thank Examiner Hurst for the interview
`
`courteously granted on June 24, 2015, during which the following issues were discussed: the
`
`rejections in the Office Action of March 25, 2015; the cited art; the pending claims; and possible
`
`amendments to the pending claims. During the interview, agreement was reached regarding the
`
`claims. During the interview, Examiner Hurst suggested that all pending rejections to the claims
`
`would probably be Withdrawn if Applicants amended independent claim 1 to incorporate the
`
`composition of the standard gas as follows: “wherein the stande gas includes at least carbon
`
`dioxide gas, oxygen gas and nitrogen gas.”
`
`
`
`US. Patent Application Serial N0.: 12/530,555
`Response filed June 25, 2015
`Reply to 0A dated March 25, 2015
`
`This Response is being filed on June 25, 2015 in order to implement the suggestions of
`
`the Examiner during the interview on June 24, 2015.
`
`Rejections
`
`As to the merits of this case, the following rejections are set forth as follows:
`
`1. claims 1, 4 and 5 are rejected under 35 USC 103(a) as being unpatentable over
`
`Tamaoki (US Pat. Pub. No. 2004/0063195) in View of Haddad (US Pat. No. 4,033,825) and
`
`Leggett (US Pat. No. 5,214,952);
`
`2. claims 2, 4/2 and 5/2 are rejected under 35 USC 103(a) as being unpatentable over
`
`
`Tamaoki in View of Haddad, Leggett and Loscher (GB 2,138,949);
`
`3. claims 3 and 6—8 are rejected under 35 USC 103(a) as being unpatentable over
`
`
`Tamaoki in view of Haddad, Leggett and Sillex (US Pat. No. 6,265,210); and
`
`4. claim 3/2 is rejected under 35 USC 103(a) as being unpatentable over Tamaoki in View
`
`
`of Haddad, Leggett, Loscher and Silley.
`
`Applicants respectfully traverse these rejections, for the following reasons.
`
`
`
`U.S. Patent Application Serial No.: 12/530,555
`Response filed June 25, 2015
`Reply to 0A dated March 25, 2015
`
`There are substantial, important differences between the art relied upon by the Examiner
`
`and the combinations of features as set forth in the claims.
`
`The U.S. Patent and Trademark Office has the burden of proof to show that an applicant
`
`is not entitled to a patent if the claimed subject matter is anticipated by, or is obvious from, the
`
`art of record. A patent applicant is entitled to a patent unless the U.S. Patent and Trademark
`
`Office establishes otherwise.
`
`
`
`First, please note that Tamaoki, Haddad and Leggett, alone or in combination, fail to
`
`describe,
`
`teach or suggest the composition of the standard gas as set forth in claim 1, as
`
`amended, in combination with the other claimed features, for the following reasons.
`
`Tamaoki discloses an incubator including a C02 gas controller 25, incubation space 81
`
`and incubation space S2. The controller 25 has an input connected to a C02 gas sensor 6, and
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`also has outputs connected to electromagnetic switching valves 9A and 9B. The valves 9A and
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`9B can control a flow of CO2 gas from CO2 gas cylinder 10 to incubation spaces 81 and 82.“
`
`
`Haddad discloses a cell culture system including an incubator housing 10, CO2 gas source
`
`46, valve 48, and CO2 gas sensor 42.21
`
`U Please see, Tamaoki, Figure 2.
`2’ Please see, Haddad, Figure 1.
`
`
`
`US. Patent Application Serial No.: 12/530,555
`Response filed June 25, 2015
`Reply to OA dated March 25, 2015
`
`Leggett relates to calibrating highly sensitive gas analysis equipment, utilizing a purifier
`
`using a mass blending system to deliver calibration gas for calibration purposes},
`
`The Examiner has acknowledged that Tamaoki (as modified by Haddad) “does not
`
`specifically disclose the standard gas being adjusted to an actually used gas concentration or gas
`
`concentration close thereto?“
`
`The Examiner relies on Leggett to attempt to remedy the acknowledged deficiencies of
`
`
`Tamaoki and Haddad. However, Applicants respectfully submit that Leggett fails to remedy the
`
`
`acknowledged deficiencies of Tamaoki and Haddad.
`
`Leggett discloses that a “high purity reference gas and a high concentration gas mixture
`
`must be selected to closely simulate the sample gas.
`
`Leggett fails to describe, teach or suggest
`
`335/
`
`the features relating to “actually used gas” as recited in claim 1 of the subject application.
`
`
`Furthermore, Tamaoki, Haddad and Leggett, alone or in combination, fail to describe,
`
`teach or suggest the composition of the standard gas as set forth in claim 1, as amended, in
`
`combination with the other claimed features.
`
`3! Please see, Leggett, column 2.
`4’ Please see, outstanding Final Office Action, page 6, lines 15-16.
`5’ Please see, Leggett, column 3, lines 20-22.
`
`
`
`US. Patent Application Serial No.: 12/530,555
`Response filed June 25, 2015
`Reply to 0A dated March 25, 2015
`
`Tamaoki, Haddad and Leggett, alone or in combination, fail to describe, teach or suggest
`
`the combination of features as recited in claim 1, as amended, including at least the following
`
`features: “wherein the standard gas includes at least carbon dioxide gas, oxygen gas and nitrogen
`
`31
`
`gas.
`
`Accordingly, in View of the above remarks and amendments regarding claim 1 and in
`
`View of the interview on June 24, 2015, Applicants respectfully submit that this rejection of
`
`claim 1 should be withdrawn.
`
`Second, please note that claims 4 and 5 depend ultimately from claim 1. Applicants
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`respectfully submit that the rejection of claims 4 and 5, as being unpatentable over Tamaoki in
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`View of Haddad and Leggett, should be withdrawn because of their dependency and because of
`
`the additional features set forth in claims 4 and 5.
`
`
`Third, please note that the secondary references Loscher and Silley are narrowly relied
`
`
`upon by the Examiner, and fail to remedy the above-discussed deficiencies of Tamaoki, Haddad
`
`and Leggett.
`
`Claims 2-8 depend ultimately from claim 1.
`
`In view of the above, Applicants
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`respectfully submit that the rejections of dependent claims 2-8 should be withdrawn because of
`
`their dependency and also because of the additional features set forth in claims 2-8.
`
`
`
`US. Patent Application Serial No.: 12/530,555
`RespOnse filed June 25, 2015
`Reply to OA dated March 25, 2015
`
`If, for any reason, it is felt that this application is not now in condition for allowance, the
`
`Examiner is requested to contact the Applicants' undersigned attorney at the telephone number
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`indicated below to arrange for an interview to expedite the disposition of this case.
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`In the event that this paper is not timely filed, the Applicants respectfully petition for an
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`appropriate extension of time. Please charge any fees for such an extension of time and any
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`other fees which may be due with respect to this paper, to Deposit Account No. 01—2340.
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`Respectfully submitted,
`
`KRATZ, QUINTOS & HANSON, LLP
`
`Darren Crew
`
`Attorney for Applicants
`Reg. No. 37,806
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`DC/lrj
`
`Atty. Docket No. 090224
`4th Floor
`1420 K Street, NW.
`
`Washington, DC. 20005
`(202) 659-2930
`
`23850
`PATENT & TRADEMARK OFFICE
`
`Enclosure: Certification and request for consideration under AFCP 2.0
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`10
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`
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