Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/21/2025 has been entered.
Claim Objections
Claim 78 is objected to because of the following informalities: line 16 should be amended to recite “…[[an]] inorganic oxygen containing filler powder…”. Appropriate correction is required.
Claim 83 is objected to because of the following informalities: line 18 should be amended to recite “…[[an]] inorganic oxygen containing filler powder…”. 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(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 prior rejections of Claims 44-86 under 35 U.S.C. 112(b) are overcome by amendment.
Claims 66-67, 91-92, and 94-96 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 66 recites the limitation "the inorganic filler powder". There is insufficient antecedent basis for this limitation in the claim.
Claim 67 recites the limitation "the inorganic filler powder". There is insufficient antecedent basis for this limitation in the claim.
Claim 91 recites the limitation "the inorganic oxygen containing filler". There is insufficient antecedent basis for this limitation in the claim.
Claim 92 recites the limitation " the inorganic oxygen containing filler". There is insufficient antecedent basis for this limitation in the claim.
Claim 94 recites the limitations “The use” and "the inorganic oxygen containing filler". There is insufficient antecedent basis for these limitations in the claim.
Claim 95 recites the limitations “The use” and "the inorganic oxygen containing filler". There is insufficient antecedent basis for these limitations in the claim.
Claim 96 recites the limitations “The use” and "the inorganic oxygen containing filler". There is insufficient antecedent basis for these limitations in the claim.
Claims 94 is rejected under 35 U.S.C. 112(d) 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 94 merely recites the same features as Claim 44, from which Claim 94 depends. 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) 93 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Djeu (U.S. Pub. No. 2015/0276506).
Regarding Claim 93, Djeu teaches use of an inorganic oxygen containing filler as a stabilizer of a fluorescence response of a fluorescent sensor element for measuring a parameter of an object (column 4, lines 61-67, temperature sensing tip (4) includes oxygen).
Allowable Subject Matter
Independent Claim 44, and dependent Claims 45-49, 51-54, 56-58, 67-77, 80-82, and 84-90 are allowed.
Claims 66-67 and 91-92 are allowable pending addressing of the 112(b) rejections.
Independent Claims 78 and 83 are allowable pending addressing of the claim objections.
Although there are no prior art rejections for claims 94-96, the Examiner cannot comment on the allowability of Claims 94-96 until the rejections under 35 U.S.C 112 are satisfactorily addressed.
Regarding independent Claim 44, the Claim features a “fluorescent sensor element for measuring a parameter of an object, with a predetermined time-decay characteristic of a fluorescence response and stabilized fluorescence response, the fluorescent sensor element comprising: a polycrystalline solid composition, consisting of a solidified: phosphor powder of doped host material, comprising a host material doped with a dopant, the phosphor powder providing the fluorescence response by absorbing an excitation light and emitting an emission light, the fluorescence response having a time-decay characteristic indicative of the parameter of the object; and inorganic oxygen containing filler powder, which provides additional oxygen ions to the phosphor powder, sufficient for preserving a charge of ions of the dopant that are responsible for stabilizing the fluorescence response and reducing a drift and hysteresis of the measuring; wherein the polycrystalline solid composition is formed by mixing the phosphor powder and the inorganic oxygen containing filler powder into a mixture, followed by at least one of depositing and pressing the mixture into a green body, and further solidifying the green body into the polycrystalline solid composition” were not found in the prior art. It is noted that both the phosphor powder and the inorganic filler powder are solidified. Further, the polycrystalline solid composition only contains the solidified phosphor powder and the inorganic filler powder; there are no other elements in the polycrystalline solid composition. Claims 45-49, 51-54, 56-58, 68-77 and 87-90 are allowed due to their dependence on Claim 44.
Independent Claims 78 and 83 recite similar features to Claim 44, and are allowable for the same reasons, pending addressing of the claim objections. Claims 80-82 and Claims 84-86 are allowed due to their dependence on Claims 78 and 83.
Response to Arguments
Applicant's arguments filed 2/21/2025 regarding the amendments to independent Claims 44, 78, and 83 have been fully considered and are persuasive. The 103 rejections of these Claims and their dependent Claims are withdrawn.
Applicants arguments regarding new Claim 94, on page 15 of the Arguments, are incorrect, because Claim 94 is not an independent Claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA L DAVIS whose telephone number is (571)272-1599. The examiner can normally be reached Monday-Friday, 8am to 4pm.
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CYNTHIA L. DAVIS
Examiner
Art Unit 2863
/C.L.D./ Examiner, Art Unit 2863
/LISA M CAPUTO/Supervisory Patent Examiner, Art Unit 2863
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