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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/12/2023 has been entered.
Claim Status
Claims 1,14,15 and 16 have been amended.
Claims 18-20 are newly added.
Claims 1-20 are pending and examined as follows:
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.
Claim(s) 1,2,4-9 and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laflamme et al (US 6,488,408).
With regards to claim 1, Laflamme et al discloses a temperature Laflamme installed on a mount provided with an opening (contact temperature probe 112 installed on a spa tub wall 2 through a hole 150, Fig. 15), comprising: a main body connected to the mount to penetrate the opening while providing a space (contact temperature probe 112 has a body to mount and penetrate through hole 150 of spa tub 2, Fig. 15); a first positioner attached to a side of a leading end portion of the main body with respect to the mount (gasket 160 attached to a front side of contact temperature probe 112, Fig. 15); and a second positioner attached to a side of a tail end portion of the main body with respect to the mount (nut 161, Fig. 15), wherein the first positioner and the second positioner are disposed at opposite sides of the mount to sandwich the mount (gasket 160 and nut 161 are disposed at opposite sides of the spa tub wall 2 to be sandwiched, Fig. 15), and serve as stoppers for restricting the main body from moving in a thickness direction of the opening (gasket 160 and nut 161 restrict the movement of contact temperature probe 112, Fig. 15), and wherein the main body includes a portion that is located between the leading end portion and the tail end portion and is inserted in the opening (contact temperature probe 112 has a leading edge portion and tail end portion and is inserted in through hole 150 of spa tub 2, Fig. 15), and the main body is movable configured to tilt up and down within a range determined by the space (temperature probe 112 can be removed and moved in a range through rubber boot 163, Fig. 11), the first positioner, and the second positioner as the portion serves as a fulcrum with respect to the mount (gasket 160 and nut 161 restrict/provide the movement of contact temperature probe 112 by tightening and loosening the contact with rubber boot 163 which holds contact temperature probe 112, Fig. 15).
With regards to claim 2, Laflamme et al discloses wherein a portion of the main body, which is between a portion of the main body to which the first positioner is attached and a portion of the main body to which the second positioner is attached, is inserted into the opening (contact temperature probe 112 has a portion that extends from one side of the spa tub wall 2 through hole 150, Fig. 15).
With regards to claim 4, Laflamme et al discloses wherein a diameter of each portion, at which the main body, the first positioner and the second positioner are attached, is larger than a diameter of the opening provided in the mount (diameter of nut 161 and gasket 160 is larger than the diameter of hole, Fig.15).
With regards to claim 5, Laflamme et al discloses a first heat insulator installed to cover the first positioner, wherein the first positioner and the first heat insulator are in close contact with the mount (gasket 160 is covered by decorative cap 158, Fig. 15).
With regards to claim 6, Laflamme et al discloses a second heat insulator installed to be in close contact with the first heat insulator and to cover the main body (rubber boot 163 installed to be in close contact with decorative cap 158 and cover temperature probe 112, Fig. 15).
With regards to claim 7, Laflamme et al discloses wherein each of the main body, the first positioner, and the second positioner is configured not to be fixed to the mount by an adhesive (the temperature probe 112 are fixed with nuts 161 and gasket 160, Fig. 15).
With regards to claim 8, Laflamme et al discloses wherein each of the main body, the first positioner, and the mount is configured not to be fixed to the first heat insulator by an adhesive (the temperature probe 112 are fixed with nuts 161 and gasket 160 wherein decorative cap fits over socket 159, Fig. 15).
With regards to claim 9, Laflamme et al discloses wherein each of the main body and the first positioner is configured not to be fixed to the first heat insulator by an adhesive (the temperature probe 112 are fixed with nuts 161 and gasket 160 wherein decorative cap fits over socket 159, Fig. 15).
With regards to claim 13, Laflamme et al discloses a wire constituting a temperature measuring part in an interior of the main body, and wherein the temperature measuring part is installed at a leading end of the main body (wire connected to temperature probe 112 wherein the probe 112 in front of the wire, Fig. 15).
With regards to claim 14, Laflamme et al discloses a heater unit (hot tub spa 1, Fig. 1) comprising: a temperature Laflamme installed on a mount provided with an opening (contact temperature probe 112 installed on a spa tub wall 2 through a hole 150, Fig. 15), wherein the temperature Laflamme includes a main body connected to the mount to penetrate the opening while providing a space (contact temperature probe 112 has a body to mount and penetrate through hole 150 of spa tub 2, Fig. 15); a first positioner attached to a side of a leading end portion of the main body with respect to the mount (gasket 160 attached to a front side of contact temperature probe 112, Fig. 15); and a second positioner attached to a side of a tail end portion of the main body with respect to the mount (nut 161 attached to an end of contact temperature probe 112, Fig. 15), wherein the first positioner and the second positioner are disposed at opposite sides of the mount to sandwich the mount (gasket 160 and nut 161 are disposed at opposite sides of the spa tub wall 2 to be sandwiched, Fig. 15), and serve as stoppers for restricting the main body from moving in a thickness direction of the opening (gasket 160 and nut 161 restrict the movement of contact temperature probe 112, Fig. 15), and wherein the main body includes a portion that is located between the leading end portion and the tail end portion and is inserted in the opening (contact temperature probe 112 has a leading edge portion and tail end portion and is inserted in through hole 150 of spa tub 2, Fig. 15), and wherein the temperature Laflamme is configured to be capable of restricting movement of the main body by the space, the first positioner, and the second positioner as the portion serves as a fulcrum with respect to the mount (gasket 160 and nut 161 restrict/provide the movement of contact temperature probe 112 by tightening and loosening the contact with rubber boot 163 which holds contact temperature probe 112, Fig. 15).
With regards to claim 15, Laflamme et al discloses a heater unit (spa tub 2, Fig. 2) including a temperature Laflamme installed on a mount provided with an opening (contact temperature probe 112 installed on a spa tub wall 2 through a hole 150, Fig. 15), comprising: a main body connected to the mount to penetrate the opening while providing a space (contact temperature probe 112 has a body to mount and penetrate through hole 150 of spa tub 2, Fig. 15); a first positioner attached to a side of a leading end portion of the main body with respect to the mount (gasket 160 attached to a front side of contact temperature probe 112, Fig. 15); and a second positioner attached to a side of a tail end portion of the main body with respect to the mount (nut 161, Fig. 15), wherein the first positioner and the second positioner are disposed at opposite sides of the mount to sandwich the mount (gasket 160 and nut 161 are disposed at opposite sides of the spa tub wall 2 to be sandwiched, Fig. 15), and serve as stoppers for restricting the main body from moving in a thickness direction of the opening (gasket 160 and nut 161 restrict the movement of contact temperature probe 112, Fig. 15), and wherein the main body includes a portion that is located between the leading end portion and the tail end portion and is inserted in the opening (contact temperature probe 112 has a leading edge portion and tail end portion and is inserted in through hole 150 of spa tub 2, Fig. 15), and the main body is movable configured to tilt up and down within a range determined by the space (temperature probe 112 can be removed and moved in a range through rubber boot 163, Fig. 11), the first positioner, and the second positioner as the portion serves as a fulcrum with respect to the mount (gasket 160 and nut 161 restrict/provide the movement of contact temperature probe 112 by tightening and loosening the contact with rubber boot 163 which holds contact temperature probe 112, Fig. 15).
With regards to claim 16, Laflamme et al discloses wherein the space is provided between the opening of the mount and the main body (space in nut 161 allows for movement of temperature probe 112, Fig. 15).
With regards to claim 17, Laflamme et al discloses wherein the main body is movable to tilt the main body in a direction perpendicular to an axial direction of the main body (temperature probe 112 is movable to title in an axial direction while held inside nut 161, Fig. 15).
Claim Rejections - 35 USC § 103
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 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 is rejected under 35 U.S.C. 103 as being unpatentable over Laflamme et al as applied to claim 1 above, and further in view of Park (US 7,011,446).
With regards to claim 3, Laflamme et al does not discloses wherein a length between an end portion of the first positioner at a side of the mount and an end portion of the second positioner at a side of the mount is larger than a length of the opening in an axial direction of the main body.
Park teaches wherein a length between an end portion of the first positioner at a side of the mount and an end portion of the second positioner at a side of the mount is larger than a length of the opening in an axial direction of the main body (length between metal sleeve 2a and lug 12 is larger than the length between metal sleeve 2a to metal sleeve 2b, Fig. 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Laflamme et al and Park before him or her, to modify the length of first positioner and second positioner of Laflamme et al with the length as taught by Park in order to provide a spatial configuration for a temperature Laflamme that maximizes the sensing capacity.
Claim(s) 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Laflamme et al as applied to claim 1 above, and further in view of Boyle (US 3,764,395).
With regards to claim 10, Laflamme et al does not disclose a connection part including a cover containing at least the tail end portion of the main body therein and a connector, wherein a wire protruding from the tail end portion is configured to be covered with an insulator.
Boyle teaches a connection part including a cover containing at least the tail end portion of the main body therein and a connector (box 24 includes a top 24a and clip 26 containing cable 11, Fig. 2), wherein a wire protruding from the tail end portion is configured to be covered with an insulator (cable 10 is covered with insulation 11, Fig. 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Laflamme et al and Boyle before him or her, to modify the Laflamme with the box of Boyle in order to provide added protection to Laflamme.
With regards to claim 11, Boyle teaches wherein a wiring of the wire from the tail end portion to the connector is configured to include a bend (conductors 12 and 13 are bent outward, Fig. 1).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Laflamme et al and Boyle as applied to claim 10 above, and further in view of King (US 5,151,239).
With regards to claim 12, Laflamme et al and Boyle does not teach wherein the wire from the tail end portion to the connector is configured to be wired in a spiral shape.
King teaches wherein the wire from the tail end portion to the connector is configured to be wired in a spiral shape (spiral shape of wire 30 and 31, spiral shape of wires 30b and 31b, the twisted wire junction 33, Fig. 2 and 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Laflamme et al, Boyle and King before him or her, to modify the wire of Laflamme et al and Boyle with the spiral shape of King in order form a waterproof, spark inhibiting, low resistance electrical connection between the junction ends of electrical leads.
Claim(s) 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Laflamme et al as applied to claim 1 above, and further in view of Wakabayashi (US 2010/0054303).
With regards to claim 18, Laflamme et al does not disclose a first heat insulator installed to cover the first positioner and a second heat insulator installed to be in close contact with the first heat insulator and to cover the main body, wherein a double layer of the first heat insulator and the second heat insulator is configured to be capable of keeping airtightness between an internal atmosphere of a furnace and outside air of the furnace.
Wakabayashi teaches a first heat insulator installed to cover the first positioner (elastic seal member 30 to cover base plate 12, Fig. 3B) and a second heat insulator installed to be in close contact with the first heat insulator and to cover the main body (elastic engagement pieces 20 installed in close contact with elastic seal member 30, Fig. 3B), wherein a double layer of the first heat insulator and the second heat insulator is configured to be capable of keeping airtightness between an internal atmosphere of a furnace and outside air of the furnace (a leakage of air between inside and outside of a space defined by the mounting wall 3 can be prevented, paragraph 0052, lines 3-4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Laflamme et al and Wakabayashi before him or her, to modify the temperature Laflamme of Laflamme et al with the first and second heat insulator taught by Wakabayashi in order to provide an fluid tight configuration and highly insulative protection for a temperature Laflamme to enhance accurate temperature reading.
With regards to claim 19, Wakabayashi teaches wherein the first insulator is installed to be in close contact with the first positioner (elastic seal member 30 to cover base plate 12, Fig. 3B).
With regards to claim 20, Wakabayashi teaches wherein the first heat insulator and the second heat insulator are configured to be installed at an inner side of the furnace with respect to the portion of the main body inserted in the opening (elastic seal member 30 and elastic engagement pieces 20 are configured to be installed on a mounting wall 5 which could be part of an internal combustion engine, Fig. 4A and 4B).
Response to Amendment
Amendments to claims 1,14,15 and 16 overcome the previous 112 rejections.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-,2,4-9 and 13-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The rejection is now using Laflamme et al as noted above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS JOHN WARD whose telephone number is (571)270-1786. The examiner can normally be reached Monday - Friday, 7am - 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EDWARD LANDRUM can be reached at 5712725567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS J WARD/Examiner, Art Unit 3761
/JOHN J NORTON/Primary Examiner, Art Unit 3761
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