DETAILED ACTION
Claims 1-3 and 6-8 were filed with the amendment dated 11/25/2025. Claims 4, 5, and 9-20 were cancelled.
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 .
Response to Arguments
Applicant’s amendment is moot in view of the determination that the application lacks priority to 16/098,548 (see below).
A new rejection is set forth below.
This action is made Non-Final.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
This application is claiming the benefit of prior-filed application No. 16/098,548 under 35 U.S.C. 120, 121, 365(c), or 386(c). Copendency between the current application and the prior application is required. Since the applications are not copending, the benefit claim to the prior-filed application is improper. Applicant is required to delete the claim to the benefit of the prior-filed application, unless applicant can establish copendency between the applications.
Applicant claims priority to 16/098,548, which claims priority as a 371 application of PCT/EP2017/060495. However, upon further review of the parent case (16/098,548), it has been determined that there was no copendency of the current application and 16/098,548.
The current application was filed on September 1, 2021.
Application 16/098,548 was determined to be ABANDONED as of March 8, 2021 (see 5th paragraph of Decision on Petition dated 02/04/2022 in16/098548). Therefore, there is no copendency between 16/098548 and the current application 17/464249. As a result, the priority claim is improper and DE 102016108448 is now prior art to the current application.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 32, the phrase “the combined pressure/temperature sensor” should be changed to “the combined pressure/temperature sensors” to correct a typographical error.
Appropriate correction is required.
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:
“further comprising at least one electronic pressure sensor” (claim 2) (note: only sensors 13, 14, 15, and 16 are shown in Fig 2; these sensors are already recited in claim 1. There are no other additional sensors in Fig 2).
“further comprising a temperature sensor” (claim 3) (note: only sensors 13, 14, 15, and 16 are shown in Fig 2; these sensors are already recited in claim 1. There are no other additional sensors in Fig 2) must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
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 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 2 and 6 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.
With regard to claim 2, the phrase “further comprising at least one electronic pressure sensor” renders the claim confusing and, therefore, indefinite. The specification and drawings do not disclose an additional (i.e., “further comprising”) electronic pressure sensor. Did Applicant intend to state that “at least one of the primary-side combined pressure/temperature sensor, secondary-side combined pressure/temperature sensor, or at least one other combined pressure/temperature sensor is an electronic pressure sensor”? For purposes of examination, claim 2 will be construed as such.
With regard to claim 6, the phrase “wherein one or more pressure sensor and one or more temperature sensors” renders the claim confusing and, therefore, indefinite. Claim 6 depends from claim 1. The specification and drawings do not disclose more pressure and/or temperature sensors than sensors 13, 14, 15, and 16, which are already claimed in claim 1. Did Applicant intend to claim additional pressure and temperature sensors? Alternatively, did Applicant intend to state that “wherein the one or more
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-3 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102016108448 (“Bender Martin”) (as evidenced by Translation).
With regard to claim 1, Bender Martin discloses a dome pressure regulator (Translation para [0001]) for regulating gas pressure, said dome pressure regulator comprising: a housing (1) having: a primary-side attachment end (1a), which is connected to an incoming pipeline of a pressure distribution system positioned upstream (para [0019]: a primary-side connection end 1a which can be connected to an unillustrated incoming pipe of an upstream pressure distribution system”), and a secondary-side attachment end (1b), which is connected to a pressure distribution system is positioned downstream (para [0019]: “a secondary-side connection end 1b to which a likewise unillustrated downstream pressure distribution system or directly an end user can be connected”); a fixed valve seat 10); a movable valve body (8), comprising: a valve shaft (8a), a valve disc (8b), and a valve tappet (8c); a closing spring (9) acting on the valve body (8) (para [0022]); a diaphragm (4), which is connected to the valve body (8) and is subjected to a control gas pressure, settable via a gas pressure spring (gas pressure in 6, see para [0023]: “control pressure in the pressure chamber 6”), in the opening direction (Pressure pushes down toward opening direction), and a secondary pressure in the closing direction (pushing upwards to close; para [0022]), wherein the secondary pressure is transmitted through a control line (11) into a dome chamber (12) situated between the housing (1) and the diaphragm (4) (para [0023]: “secondary pressure is transmitted through a control line 11 into a dome chamber 12 located between the housing 1 and the diaphragm 4 or diaphragm plate 7”); a pressure chamber (6), situated between the diaphragm (4) and a housing cover (3), wherein a control gas (pressure in 6, para [0020]) is conducted into the pressure chamber (6) via a drive (5, para [0021]: “The pressure at the secondary-side connection end 1b can be adjusted by means of a control gas via the drive 5. Either the gas to be regulated or a separate gas can be used as the control gas. For this purpose, the control gas is conducted into a pressure chamber 6”), the drive (5) to set the pressure at the secondary-side attachment end (1b) using the control gas (para [0021]), such that the secondary pressure in the dome chamber (12) is coupled against the control gas pressure in the pressure chamber (6) (paras [0023]); at least one travel sensor (15, para [0025]), which measures the stroke of the valve body (8) and is configured to detect the stroke of the valve tappet (8c) (para [0025]: “a travel sensor 15 is provided which detects the stroke of the valve tappet 8c”), the at least one travel sensor (15) positioned between the drive (5) and the valve body (8) (see Fig 2); at least one primary-side combined pressure/temperature sensor (13), which senses a primary pressure and temperature of the gas at the primary side (para [0024]); at least one secondary-side combined pressure/temperature sensor (14), which senses a secondary pressure and temperature of the gas at the secondary side (para [0024]); at least one other combined pressure/temperature sensor (16), which is configured for sensing the control pressure and temperature of the control gas (para [0026]); and a sensor-system evaluation unit (17), which is integrated into the housing (1), and is connected to the combined pressure/temperature sensor (13, 14, 16), wherein the sensor-system evaluation unit (17) processes measurement data from the sensors (13, 14, 16) (Para [0027]: “the sensors 13, 14, 15 and 16 are connected to a sensor system evaluation unit 17”).
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With regard to claim 2, Bender Martin discloses at least one electronic pressure sensor (para [0009]): which is connected to the sensor-system evaluation unit (17) and which serves for detecting the primary pressure and/or the secondary pressure (para [0009]: “at least one electronic pressure sensor connected to the sensor system evaluation unit is additionally provided for detecting the primary pressure and/or the secondary pressure”).
With regard to claim 3, Bender Martin discloses a temperature sensor which is connected to the sensor-system evaluation unit and which serves for detecting the ambient temperature around the dome pressure regulator (para [0011]: “a temperature sensor connected to the sensor system evaluation unit is provided for detecting the ambient temperature of the dome pressure regulator”).
With regard to claim 6, Bender Martin discloses one or more pressure sensors (para 0009]) and one or more temperature sensors (para [0011]) are integrated in or on the housing of the dome pressure regulator (para [0014]: “the sensors are connected to the sensor system evaluation unit and integrated in or on the housing of the dome pressure regulator”).
With regard to claim 7, Bender Martin discloses that measurement data obtained from the evaluation unit (17) are retrievable via an interface arranged on the dome pressure regulator (para [0015]: “the measurement data of the evaluation unit can be called up via an interface arranged on the dome pressure regulator”).
With regard to claim 8, Bender Martin discloses that the interface arranged on the dome pressure regulator is a radio interface (para [0016]: “he interface arranged on the dome pressure regulator is a radio interface”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO2017/191171 discloses a dome-loaded pressure regulator.
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/JESSICA CAHILL/Primary Examiner, Art Unit 3753