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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/23/2026 has been entered.
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.
Claims 1, 3, 6, 8, 22, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Caron 2020/0305733US in view of the US Patent Application to Caron 2016/0022159US and further in view of US Patent to Meel 10,996,117US.
In terms of Claim 1, Caron teaches a flexible fiber optic temperature probe (Figure 2 and 3), the probe comprising: a plurality of fiber optic elements (Figure 2: 11), each of the plurality of fiber optic elements having a distal portion (See Annotated Picture of Figure 3 below);
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a sensing member (Figure 2:10a-c and 31) having a first and a second end, the first end connected to distal portions of the plurality of fiber optic elements (Figure 2: 11 at distal area of 103 on 31); and a flexible jacket (Figure 2: 35) surrounding the plurality of fiber optic elements (Figure 2: 35 and 11) and secured to the sensing member (Figure 4b: jacket 35 is secured to 10a-c and 31) to prevent relative movement between the flexible jacket and the sensing member (Figure 4b: 35 is secured to 31 which contains grooves to house 11 and prevents relative motion between 35 and 10a-c on 11).
Caron ‘733 does not teach wherein the sensing member has a temperature sensing member that is adhesively fixed to the distal portions of the plurality of fiber optic elements.
Caron ‘159 does teach an optical device having a plurality of fibers (Figure 2: 11) having a distal end (Figure 2: portions of 11 that is coupled and in contact with 10) wherein the sensing member (Figure 2: 10) has a temperature sensing member ([0090]) of which is adhesively fixed to distal portions of the plurality of fiber optic elements (Figure 2: 11 and 10; [0092]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Caron ‘733 sensing structure to include a temperature sensitive component in order to detect temperature within cardiovascular application since both devices pertains to medical equipment designed for insertions into cardio vascular system. Temperature probe within cardio vascular system can help determine viscosity and fever or body core temperature detection during surgical procedures which may trigger different process or medication.
Caron ‘733 and Caron ‘159 do not teach wherein the temperature sensing element is made from a phosphor material suitable for sensing temperature.
Meel does teach an optical fiber probe (Figure 1: 310) having a temperature sensor (Figure 1: 320), wherein temperature sensing element is made from a phosphor material (Column 3, lines 45-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature sensor of Caron ‘159 with the temperature sensor of Meel since Phosphor base temperature sensor are known to produce accurate temperature sensing readings (Meel’s Column 3, lines 30-45).
As for Claim 3, Caron ‘733 and Caron ‘159 teach the device of Claim 1, wherein Caron ‘159 teaches having a temperature sensor (Caron ‘159 element 10), wherein Caron ‘733 teaches comprising: an engaging member (Figure 2: 140) for engaging an opening of a channel (Figure 2: 140 and open channel of 102), the engaging member being a channel length distance from the sensing member (Figure 2: portion of 140 is away from 102 via the length of channel of 140), wherein the engaging member (140) is secured to prevent relative movement between the flexible jacket and the sensing member (Figure 20: 102 and 42).
As for Claim 6, Caron ‘733 / Caron ‘159 teach the device of Claim 1, having a temperature sensor (Caron ‘159 element 10), wherein Caron ‘733 teaches the sensing member (10a-c) further comprises: a ferrule (31) having a first end and a second end; a tip (portion of 120/103) having a sensing element (portion of 31 is located on tip 120 and 103, while portions of 10a-c are located in portions of 103), the tip secured to the second end (2nd end is located at 120/103).
As for Claim 8, Caron ‘733 and Caron ‘159 teach the device of Claim 1, having a temperature sensor (Caron ‘159 element 10), wherein Caron ‘733 teaches the flexible jacket is secured to the sensing member by one or more of a friction fit, crimping, an overmold or a dip coat/potting compound, or an adhesive connection (See Figure 4b: wherein 35 is fitted over 31 and 10a-c via overmolding or friction fitting).
In terms of Claim 22, Caron teaches a flexible fiber optic probe, the probe comprising: a bundle of fiber optic elements having an end portions (Figure 2: 11); a collar (Figure 2: 140) having an internal channel (within 140), the collar being secured to the end portions of the bundle of fiber optic components (Figure 2: 140 wherein fibers 11 are terminating within 142) within the internal channel (Figure 2: 140 and 11 wherein the channels is the spacing wherein the 11 runs within 140 and 101/103); and a sensing member (102 and 101) including a first part (102) and a second part (103), the first part including: a channel for receiving the collar (Figure 2: 102 and 142), the first part being secured to the collar within the channel (Figure 2); and a projection (120) capable of being secured to adjacent walls (120 to 103 to 102 to 140); and the second part including a sensing element (103 contains 10a-c).
Caron ‘733 does not teach securing distal portions of the plurality fiber optic element to a temperature sensing member.
Caron ‘159 does teach an optical device having a plurality of fibers (Figure 2: 11) having a distal end (Figure 2: portions of 11 that is coupled and in contact with 10) wherein the sensing member (Figure 2: 10) has a temperature sensing member ([0090]) of which is adhesively fixed to distal portions of the plurality of fiber optic elements (Figure 2: 11 and 10; [0092]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Caron ‘733 sensing structure to include a temperature sensitive component in order to detect temperature within cardiovascular application since both devices pertains to medical equipment designed for insertions into cardio vascular system. Temperature probe within cardio vascular system can help determine viscosity and fever or body core temperature detection during surgical procedures which may trigger different process or medication.
Caron ‘733 and Caron ‘159 do not teach wherein the temperature sensing element is made from a phosphor material suitable for sensing temperature.
Meel does teach an optical fiber probe (Figure 1: 310) having a temperature sensor (Figure 1: 320), wherein temperature sensing element is made from a phosphor material (Column 3, lines 45-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature sensor of Caron ‘159 with the temperature sensor of Meel since Phosphor base temperature sensor are known to produce accurate temperature sensing readings (Meel’s Column 3, lines 30-45).
As for Claim 25, Caron ‘733 / Caron ‘159 / Meel teaches the device of Claim 22, having a temperature sensor (Caron ‘159 element 10), wherein Caron ‘733 teaches, wherein the projection includes one or more surfaces for laser welding with the adjacent walls. The examiner identifies the limitations of “laser welding” to be a product by process limitations. In this particular case the prior art of Caron teaches the projection have one surface with the adjacent walls of 103. The limitations of laser welding do not impart any additional structure to the claimed as recited.
Claims 7 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Caron 2020/0305733US / Caron 2016/0022159US / Meel 10,996,117US as applied to claims 1 and 22 above, and further in view of US Patent Shen 6,458,120US.
In regards to Claims 7 and 23, Caron ‘733 and Caron ‘159 teaches the device of Claim 1 and 22, Caron ‘733 and Caron ‘159 do not teach wherein the tips removably secured to the second end.
Shen does teach an optical medical device used for temperature monitor (See Figure 1: element 19 having a tip 20 which can be removed [see claim 1]). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to make the tip removable so the user can swap the tip to be of a different material or geometry base on different applications needs. Removable tip at 120 allows the device to different tips with different properties, since the device is a medical temperature probe having different tips allows for easier insertion by changing the geometry of the tip or the material of the tip to something softer or hard base on application needs.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Caron 2020/0305733US / Caron 2016/0022159US / Meel 10,996,117US as applied to claim 1, and further in view of US Patent Bentley 4,978,346US.
In regards to claims 9-11, Caron ‘733 / Caron ‘159 / Meel teach the device of claim 8.
Caron ‘733 / Caron ‘159 / Meel do not teach wherein the flexible jacket is disposed at least in part between an exterior portion and an interior portion of the sensing member, and the flexible jacket is crimped to one or both of the exterior portion or the interior portion; wherein the interior portion of the sensing member includes a clearance at least in part able to receive the flexible jacket on an exterior surface; wherein the exterior portion of the sensing member extends further from a distal end of the sensing member than the interior portion, and the exterior portion is crimped with the flexible jacket to at least in part interfere with axial movement of the interior portion relative to the exterior portion.
Bentley does teach wherein the flexible jacket (Figure 1: 52 is bendable just being able to flex; Column 8, lines 1-25) is disposed at least in part between an exterior portion (Figure 1: 38) and an interior portion (Figure 1: 60) of the sensing member (Figure 1: 22), and the flexible jacket (52) is crimped to one or both of the exterior portion or the interior portion (via element 40, column 9, lines 32-50); wherein the interior portion (60) of the sensing member includes a clearance (Figure 1: 60 has recessed area which houses a rectangular shaped portion of the jacket 52) at least in part able to receive the flexible jacket (52) on an exterior surface (38); wherein the interior portion (60) of the sensing member includes a clearance Figure 1: 60 has recessed area which houses a rectangular shaped portion of the jacket 52) at least in part able to receive the flexible jacket on an exterior surface (52 and 38); and wherein the exterior portion (38) of the sensing member extends further from a distal end of the sensing member than the interior portion (interior portion 60 ends at 60 which couples with 26), and the exterior portion (38) is crimped with the flexible jacket (52) to at least in part interfere with axial movement of the interior portion relative to the exterior portion (via 40).
It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the mechanical bond of 120 and 103 of the Caron ‘733 to have the orientation as described above regarding the interior, exterior, and outer jacket in a crimping attachment in order ensure strong mechanical bond is present to hold the device together to ensure alignment of the various components relative to the tip 120 and distal portion 103.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Caron 2020/0305733US / Caron 2016/0022159US / Meel 10,996,117US as applied to claim 22, and further in view of US Patent Sawatari 5,870,511US.
In regards to claim 26, Caron ‘733 and Caron ‘159 teach the device of Claim 22. Caron ‘733 and Caron ‘159 do not teach wherein the first part is adhesively fixed to the collar, wherein at least part of the first part is insertable within a passage defined by the adjacent walls, and the projection prevents another part of the first part from being insertable within the passage.
Sawatari wherein the first part is adhesively fixed to the collar (Figure 2: 48), wherein at least part of the first part (50) is insertable within a passage defined by the adjacent walls (Figure 3: 46 is inserted into 40), and the projection (44) prevents another part of the first part (50) from being insertable within the passage (44 blocks 50 from being inserted any further). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the teachings of Sawatari to the structure of 120 and 103 and to use adhesive as a bonding means for attaching cylindrical bodies to each other. The adhesive allows easily bonding and attachment while the orientation of the projection relative to the first part allows the device to act as a cap mechanism that is easily remove and reattach to 103.
Claims 27-28, 35-41 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to US Patent Application to Caron 2016/0022159US in view of US Patent to Meel 10,996,117US.
In terms of Claim 27, Caron teaches a fiber optic temperature probe (Figure 3 and 4b), comprising: a flexible fiber bundle (Figure 3: all the fibers of 11 makes up the bundle) having a plurality of flexible fiber optic elements (Figure 3: 11), the flexible fiber bundle (all fibers of 11) having a distal portion (Figure 2: end portions of 11) ; and a temperature sensing member (Figure 2: 10) in optical communication with the distal portion of the flexible fiber bundle (Figure 2: 10 is attached to ends of 11)
Caron does not teach wherein the temperature sensing member comprises a phosphor sensing element in optical communication with the distal portion of the flexible fiber bundle, wherein the phosphor sensing element is suitable for temperature measurement.
Meel does teach an optical fiber probe (Figure 1: 310) having a temperature sensor (Figure 1: 320), wherein temperature sensing element is made from a phosphor material (Column 3, lines 45-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature sensor of Caron ‘159 with the temperature sensor of Meel since Phosphor base temperature sensor are known to produce accurate temperature sensing readings (Meel’s Column 3, lines 30-45).
As for Claim 28, Caron / Meel teaches the device of claim 27, wherein Caron further teaches comprising a flexible jacket (Figure 3c: 30 Figure 1: wherein the jacket 30 within 101/103 can be flex$3 or bent) surrounding at least a portion of the flexible fiber bundle (Figure 3c: 30 surround 10) and secured to the temperature sensing member (Figure 3c: 30 has edges on the open area of 12 which secures 10), wherein the flexible jacket is operative to prevent relative movement between the flexible jacket and the temperature sensing member (Figure 3c: 30 and 10).
As for Claim 36, Caron / Meel teaches the device of claim 27, wherein Caron further teaches comprising an engaging member (Figure 3c: edge of 30) configured to engage an opening of a channel (gap area of 12 which contains 10; wherein 30 engages 10),wherein the channel has a channel length (length of channel within 30) and the engaging member is disposed a channel-length distance from the temperature sensing member (Figure 3c: 10, at 12 edge of 30),wherein the engaging member is secured to the flexible jacket (Figure 3c: side walls 30 and 32) to prevent relative movement between the flexible jacket and the temperature sensing member (Figure 3c: 30 and 10/12).
As for Claim 37, Caron / Meel teaches the device of claim 36, wherein Caron further teaches wherein a position of the engaging member (sidewalls of 30 which comes in contact with 10) may be adjusted along a length of the flexible jacket (the location of 12 can be adjust to varies spot on the length as shown in Figure 2 by moving 10 to different spacing opening along the length).
As for Claims 38-40, Caron / Meel teaches the device of claims 27 and 28 wherein the flexible bundle and flexible jacket has a radius of curvature for bending purposes.
Caron and Meel does not teach wherein the flexible fiber bundle and flexible jacket has a radius curvature less than or equal to 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the radius of curvature to be less than or equal to 1 of the optical sensor of the flexible bundle and outer jacket in order to achieve minimal bending loss during operation, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955).
As for Claim 41, Caron / Meel teaches the device of claim 36, wherein Caron further teaches wherein the flexible jacket (30) is disposed at least in part between an exterior portion (32) outside and an interior portion of the temperature sensing member (10), and the flexible jacket (30) is crimped to one or both of the exterior portion or the interior portion (Figure 3a: 30 is crimped or sandwich in between 32 and 11/10 as shown in Figure 3c).
Claims 29-32 are rejected under 35 U.S.C. 103 as being unpatentable over Caron 2016/0022159US / US Patent to Meel 10,996,117US as applied to claim 27 above, and further in view of US Patent Application Publication to Donlagic 2009/0226128US.
In regards to Claims 28-32, Caron / Meel teaches the device of claim 27.
Caron / Meel does not teach wherein the temperature sensing member further comprises: a ferrule having a first end and a second end; and a tip having the temperature sensing element, the tip secured to the second end; wherein the tip is configured to enclose at least a portion of the distal portion of the flexible fiber bundle; wherein the tip comprises a rigid tip; wherein the tip comprises a metal tip; wherein the tip is detachably secured to the second end of the ferrule.
Donlagic does teach wherein the temperature sensing member further comprises: a ferrule (Figure 8a: 64 or Figure 9: 50 both qualifies as ferrule housing) having a first end and a second end (Figure 8a: 64 or Figure 9: 50); and a tip (Figure 9L tip of 20) having the temperature sensing element (end of 20), the tip secured to the second end (20); wherein the tip is configured to enclose at least a portion of the distal portion of the flexible fiber bundle (52 is enclosed and covers 20); wherein the tip comprises a rigid tip ([0047]); wherein the tip comprises a metal tip ([0047]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device having a ferrule, a tip secured to the second wherein the tip is a rigid metal cover of the purpose of providing protection to the optical sensor tip ([0047]). The metal cover acts as a means to protect the sensor ([0047]).
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Caron 2016/0022159US / US Patent to Meel 10,996,117US / Donlagic 2009/0226128US as applied to claim 29 above, and further in view of US Patent Application Publication to Peyser 2021/0096128.
In regards to Claim 33, Caron / Meel / Donlagic teaches the device of claim 29.
Caron / Meel / Donlagic do not teach wherein the tip is detachably secured to the second end of the ferrule.
Peyer does teach an optical fiber probe wherein the tip is detachably secure to the ferrule (Figure 3a: probe tip and detachably to the ferrule platform). This allows the tip to be easily replaced, cleaned, repaired, or discharged when the maintenance is performed on the sensor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Caron / Meel / Donlagic to have a removeable or detachably cover tip in order to allow the cover to be repaired, cleaned, or replace during maintenance / repair work.
Claim 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Caron 2016/0022159US / US Patent to Meel 10,996,117US as applied to claim 27 above, and further in view of US Patent Application Publication to Sasaki 2022/0377991US.
As for Claim 34-35, Caron / Meel teaches the device of claim 27, wherein the fiber optic temperature probe is configured to measure the temperature of a surface (See Caron 10).
Caron / Meel does not teach further comprising a biasing mechanism configured to bias the temperature sensing member towards the surface to be measured; wherein the mechanism configured to bias the temperature sensing member comprises a spring.
Sasaki teaches optical temperature sensor ([0076]) having a main body (Figure 2: 20) wherein the temperature has a spring biasing member to adjust the position of the temperature sensor. This feature allows the temperature sensor to be adjusted to get readings at multiple locations or to place temperature in a desired location to get a specified result. It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the device to include a spring biasing member to adjust the position of the temperature sensor in order to achieve a read at a desired orientation relative to other structures.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 22 have been considered but are moot because the new ground of rejection does not rely on any of the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The examiner established new grounds of rejection in view of Meel as detailed above due to newly amended limitation to claim 1 and 22.
Claims 27-41 of which are newly added have also been rejected as detailed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication to Swift 2015/0057648US teaches optical temperature sensors of measuring optical temperature changes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm Monday - Friday.
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/HOANG Q TRAN/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874