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 .
Preliminary Amendment
Claims 6-16 are currently pending. Claims 1-5 have been canceled. Entry of this amendment is accepted and made of record.
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 7 and 9 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 7 recites the broad recitation “a number of protruding portions of the housing is three or more”, and the claim also recites “the number of the protruding portions of the housing is six or less” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation “the black bulb has a diameter of 9mm or more”, and the claim also recites “the black bulb has the diameter of 24 mm or less” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 6, 8 and 10-16 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 6, the closest prior art alone or in combination fails to teach or render obvious the specific limitation a guide portion in an outer-circumferential portion around the insertion hole; and wherein the housing comprises: an insertion opening into which the guide portion of the black bulb is inserted, wherein the weld portion of the black bulb is welded to the housing at an outer-circumferential portion around the insertion opening of the housing; and a protruding portion at the outer-circumferential portion around the insertion opening, wherein the guide portion is supported by the protruding portion of claim 6, when combined with all the limitations of claim 6.
Hence, the prior art of record fails to teach the invention as set forth in claims 6, 8 and 10-12. The examiner cannot find teaching of the invention, nor reasons within the cited art to combine the elements of the references other than applicant’s own reasoning to fully encompass the current pending claims.
Regarding claim 13, the closest prior art alone or in combination fails to teach or render obvious the specific limitation a guide portion in an outer-circumferential portion around the insertion hole; and wherein the housing comprises: an insertion opening into which the guide portion of the black bulb is inserted, wherein the black bulb is welded to the housing around an outer-circumference of the insertion opening of the housing; and a protruding portion supporting the guide portion of claim 13, when combined with all the limitations of claim 13.
Hence, the prior art of record fails to teach the invention as set forth in claims 13-16. The examiner cannot find teaching of the invention, nor reasons within the cited art to combine the elements of the references other than applicant’s own reasoning to fully encompass the current pending claims.
Claims 7 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP H03165227 A discloses a temperature sensor comprising: a rest attached to a pillar etc., a semicircle bulb which was provided in this rest and made the surface lusterless black painting, a temperature sensor element inserted into this semicircle bulb.
JP 2014203241 A discloses a temperature sensor 13 is provided inside the black sphere 12. The temperature sensor 13 detects information (spatial information) about the temperature around the black sphere 12 by detecting the temperature inside the black sphere 12 and a strap 20 mounted on the apparatus main body 10.
WO 2019073843 A1 discloses a helmet is provided with a first sensor for detecting biological information for a wearer, a second sensor for detecting environmental information for the surroundings of the wearer, and a control unit for acquiring the biological information and the environmental information from the first sensor and the second sensor. The control unit determines the period for detection by at least one of the first sensor and the second sensor on the basis of the biological information and the environmental information. he control unit 10 may determine whether there is a change in the physical condition of the wearer 100 based on at least a part of the sensor information. The control unit 10 may calculate the heat index based on the environmental information. The heat index is also called WBGT (Wet Bulb Globe Temperature). The control unit 10 may determine whether there is a change in the physical condition of the wearer 100 based on the WBGT and the biometric information of the wearer 100. For example, the control unit 10 may calculate the probability that the wearer 100 suffers from heatstroke, or may determine whether there is a sign that the wearer 100 suffers from heatstroke. The WBGT can be calculated based on the dry bulb temperature (T .sub.D ), the wet bulb temperature (T .sub.W ), and the black bulb temperature (T .sub.G ). The WBGT may be calculated, for example, by the following equation (1) or (2). The unit of dry bulb temperature, wet bulb temperature and black bulb temperature shall be ° C.
US-20190110774-A1 a wearable health-monitoring devices that are suitable for detecting one or more signals/sounds produced by an animal's body, such as a human body, are disclosed. Methods of making and using wearable health-monitoring devices are also disclosed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANICE M SOTO whose telephone number is (571)270-7707. The examiner can normally be reached M-F 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANICE M SOTO/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855