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 .
Response to Amendment
This office action is responsive to the amendment filed on 07/28/2025. As directed by the amendment: claim(s) 1-11, 14-16, and 19-22 has/have been amended; claim(s) 12-13 has/have been cancelled and new claim(s) 23-24 has/have been added. Thus, claims 1-11, 14-16, and 19-24 are presently pending in this application.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 7, and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shie et al (US 8,575,578) in view of Westphal et al (US 5,777,329).
Regarding claim 1, Shie discloses radiator device for an IR emitter micro-hotplate, the radiator device, comprising
an IR emitter element (Fig. 1 #13 membrane for generating infrared radiation), and a plurality of cantilever support arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads), connected to the emitter element (Fig. 1 #13 membrane for generating infrared radiation), wherein: the emitter element (Fig. 1 #13 membrane for generating infrared radiation) is suspended by the arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) (Shown in figure 1);
and the emitter element (Fig. 1 #13 membrane for generating infrared radiation) and the arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) are formed as a single contiguous piece of a material (Col. 3 lines 35-40 ---"The electric resistor 14 is in the form of a meandering wire-shaped trace, and has two opposite end sections 141 disposed on and extending along upper surfaces of two respective ones of the slim supporting beams 15 to connect with the conductive pads 12, respectively.”).
However, Shie does not disclose wherein the emitter element has a lower resistance in comparison to the arms, so that little or no heat is generated by the emitter element.
Nonetheless, Westphal who is in thew same field of endeavor being electronic sensors, teaches wherein the emitter element has a lower resistance in comparison to the arms, so that little or no heat is generated by the emitter element (Col. 12 lines 12-14 ---" If desired, support arms 1706-1707 could be made longer (to increase thermal resistance) by extending along further sides of resistor 1704.” Increasing the length of the arms would increase the resistance of the arm.).
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 radiator device of Shie by incorporating the higher resistance support arms as taught by Westphal for the benefit of increasing thermal resistance of the arms thereby reducing current flowing through the emitter element to have a desired current flow through the emitter element.
Regarding claim 2, Shie in view of Westphal teaches the device as appears above (see the rejection of claim 1), and Shie teaches wherein the emitter element (Fig. 1 #13 membrane for generating infrared radiation) is heatable to a predetermined IR emission temperature by resistive heating in the arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) (Col. 3 lines 57-60 ---"The membrane 13 for the heat loss test was operated (i.e., the membrane 13 is heated by the electric resistor 14) at a temperature of 750.degree. C.”).
Regarding claim 3, Shie in view of Westphal teaches the device as appears above (see the rejection of claim 2), and Shie teaches wherein the said IR emission temperature is greater than 700 K (Col. 3 lines 57-60 ---"The membrane 13 for the heat loss test was operated (i.e., the membrane 13 is heated by the electric resistor 14) at a temperature of 750.degree. C.”), or greater than 1000 K, or greater than 1,600 K, or greater than 2,000 K, or greater than 2,500 K, or greater than 3,000 K, or greater than 3,500 K.
Regarding claim 4, Shie in view of Westphal teaches the device as appears above (see the rejection of claim 3), and Shie teaches wherein the material is either silicon (Col. 3 lines 41-43 ---" In this embodiment, the membrane 13 and the slim supporting beams 15 are made from a silicon wafer using micro-electro-mechanical system (MEMS) technology.”) or the material is an electrically-conducting refractory ceramic.
Regarding claim 7, Shie in view of Westphal teaches the device as appears above (see the rejection of claim 4), and Shie teaches wherein the number of arms is even, and where the even number is at least 4 (Col. 3 lines 11-14 ---“… four slim supporting beams 15 extending from the peripheral end 133 of the membrane 13 through the loop-shaped gap 115 to the base 11 so as to suspend the membrane 13 in the central cavity 113…”), or at least 6, or at least 8.
Regarding claim 23, Shie in view of Westphal discloses a SEM or TEM device, comprising the radiator device according to claim 1 (See the rejection of claim 1).
Regarding claim 24, Shie in view of Westphal discloses the SEM or TEM device according to claim 23, being adapted for gas sensing, pressure sensing, gas analysing, IR spectrometry spectrometer, scanning electron microscopy or transmission electron microscopy (Examiner notes that the phrase “…is adapted for…” is a statement of intended use and the structure of the device as taught by Shie in view of Westphal can perform the intended function. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shie et al (US 8,575,578) as applied to claim 4, in view of Abukawa et al (US 2019/0327790).
Regarding claim 5, Shie teaches the device as appears above (see the rejection of claim 4), but does not teach wherein the material is said electrically-conducting refractory ceramic.
Nonetheless, Abukawa in the same field of endeavor being electric heating, teaches wherein the material is said electrically-conducting refractory ceramic ([0108] lines 7-8 ---" Examples of the carbide-based ceramics include TiC, WC, TaC, B.sub.4C, SiC, HfC, ZrC, VC, and Cr.sub.3C.sub.2.”).
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 Shie by incorporating the carbide- based ceramics as taught by Abukawa for the benefit of mitigating damage to the heater due to the durability and thermal resistance of ceramics.
Regarding claim 6, Shie in view of Abukawa teaches the device as appears above (see the rejection of claim 4), and Abukawa in the same field of endeavor being electric heating, teaches wherein the ceramic comprises carbon, HfC, TaHfC or tungsten carbide ([0108] lines 7-8 ---" Examples of the carbide-based ceramics include TiC, WC, TaC, B.sub.4C, SiC, HfC, ZrC, VC, and Cr.sub.3C.sub.2.”).
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 Shie in view of Abukawa by incorporating the carbide- based ceramics as taught by Abukawa for the benefit of mitigating damage to the heater due to the durability and thermal resistance of ceramics.
Claim(s) 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shie et al (US 8,575,578) as applied to claim 4, in view of Glacer et al (US 2017/0288125).
Regarding claim 8, Shie teaches the device as appears above (see the rejection of claim 7), but does not teach wherein the arms are elastically deformable so as to absorb thermomechanical changes in shape and/or size of the emitter element and/or of the arms during heating and cooling or the emitter element.
Nonetheless, Glacer who is in the same field of endeavor being electronic sensors, teaches wherein the arms are elastically deformable (Shown in the figure below) so as to absorb thermomechanical changes in shape and/or size of the emitter element and/or of the arms during heating and cooling or the emitter element.
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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 Shie by incorporating the elastically deformable arms as taught by Glacer for the benefit of mitigating heat during the cooling cycle to prevent inaccuracies in measurement.
Regarding claim 9, Shie in view of Glacer teaches the device as appears above (see the rejection of claim 8), and Shie teaches wherein each of the arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) has a cross-section which varies along its length such that its cross-sectional area is a minimum (Fig. 1 #15 slim supporting beams) at a region of the arm (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) adjacent to the emitter element (Fig. 1 #13 membrane for generating infrared radiation).
Regarding claim 10, Shie in view of Glacer teaches in combination, the radiator device according to claim 8 (see the rejection of claim 8), and Shie teaches wherein the emitter element and the arms are encapsulated in a housing (Fig. 1 #3 enclosure) comprising a transparent window (Fig. 1 #32 transparent window plate), wherein said radiator device is a subcombination of an IR emitter device.
Regarding claim 11, Shie in view of Glacer teaches in combination, the radiator device according to claim 10 (see the rejection of claim 10), and Shie teaches wherein said housing of said IR emitter device is evacuated to 10-3 Torr (Abstract ---" The enclosed vacuum chamber has a pressure less than 0.01 torr.”), or less than 10-4 Torr, or preferably to less than 10-5 Torr, or more preferably to less than 10-6 Torr.
Regarding claim 12, Shie in view of Glacer teaches the radiator device according to claim 10 (see the rejection of claim 10), and Shie in view of Glacer teaches in further combination, the radiator device/IR emitter device combination according to claim 10, being incorporated into either an SEM or TEM device.
(Examiner notes that the phrase “being incorporated into either an SEM or TEM device” is a statement of intended use and the structure of the device as taught by Shie in view of Glacer can perform the intended function. It has been held that “[A]pparatus claims cover what a device is, not what a device does. Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original); MPEP 2114. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987); MPEP 2114(II). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.)
Regarding claim 13, Shie in view of Glacer teaches the radiator device according to claim 12 (see the rejection of claim 12), and Shie in view of Glacer teaches wherein said emitter device in said SEM OR TEM combination is adapted for gas sensing, pressure sensing, gas analyzing, IR spectrometry spectrometer, scanning electron microscopy or transmission electron microscopy.
(Examiner notes that the phrase “…is adapted for…” is a statement of intended use and the structure of the device as taught by Shie in view of Glacer can perform the intended function. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.)
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shie et al (US 8,575,578), in view of Glacer et al (US 2017/0288125).
Regarding claim 14, Shie discloses a method of generating broadband infrared radiation using an IR emitter device, wherein said IR emitting device is comprised of a radiator device, said method of generating broadband infrared radiation comprising
the steps of heating an emitter element (Fig. 1 #13 membrane for generating infrared radiation) by applying a voltage across a plurality of cantilever support arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) (Col. 3 lines 31-40 ---"The conductive leads 2 extend sealingly through a bottom wall of the can housing 31 and into the vacuum chamber 4 so as to be electrically and respectively connected to the conductive pads 12 through a pair of bonding wires 5. The electric resistor 14 is in the form of a meandering wire-shaped trace, and has two opposite end sections 141 disposed on and extending along upper surfaces of two respective ones of the slim supporting beams 15 to connect with the conductive pads 12, respectively.” This passage suggest that a voltage is applied to the conductive pads, across the electric resistor via the slim supporting beams to produce infrared radiation (heat).”, said emitter element (Fig. 1 #13 membrane for generating infrared radiation) being heated resistively,
wherein said radiator device is comprised of said emitter element (2) and said cantilever arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) such that said plurality of cantilever support arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) are connected to the emitter element (Fig. 1 #13 membrane for generating infrared radiation), and further wherein the emitter element and the arms are formed as a single contiguous piece of a material, and further wherein the emitter element (Fig. 1 #13 membrane for generating infrared radiation) is heatable to a predetermined IR emission temperature by resistive heating in the arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads), and yet further wherein said IR emitting device having a transparent window (Fig. 1 #32 transparent window plate) in a housing (Fig. 1 #3 enclosure) encapsulating the emitter element (Fig. 1 #13 membrane for generating infrared radiation) and the arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads).
However, Shie does not disclose wherein the arms are elastically deformable, so as to absorb thermomechanical changes in shape and/or size of the emitter element and/or of the arms, during heating and cooling of the emitter element.
Nonetheless, Glacer who is in thew same field of endeavor being electronic sensors, teaches wherein the arms are elastically deformable, so as to absorb thermomechanical changes in shape and/or size of the emitter element and/or of the arms, during heating and cooling of the emitter element.
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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 Shie by incorporating the elastically deformable arms as taught by Glacer for the benefit of mitigating heat during the cooling cycle to prevent inaccuracies in measurement.
Regarding claim 15, Shie in view of Glacer teaches the method as appears above (see the rejection of claim 14), and Shie teaches wherein said applying said voltage across said plurality of cantilever support arms so as to heat the emitter element to a temperature greater than 700 K (Col. 3 lines 57-60 ---"The membrane 13 for the heat loss test was operated (i.e., the membrane 13 is heated by the electric resistor 14) at a temperature of 750.degree. C.”), or preferably greater than 1000 K, or preferably greater than 1,600 K, or preferably greater than 2,000 K, or more preferably greater than 2,500 K, or still more preferably greater than 3,000 K, or yet more preferably greater than 3,500 K.
Claim(s) 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shie et al (US 8,575,578) in view of Glacer et al (US 2017/0288125) as applied to claim 14, in view of Willis et al (US 2012/0228502).
Regarding claim 16, Shie in view of Glacer teaches the method as appears above (see the rejection of claim 14), but does not teach comprising pulsing the voltage at a frequency greater than 200 Hz, or preferably greater than 700 Hz, or more preferably greater than 1,000 Hz.
Nonetheless, Willis in the same field of endeavor being control of a IR emitter, teaches pulsing the voltage at a frequency greater than 200 Hz, or preferably greater than 700 Hz, or more preferably greater than 1,000 Hz (Abstract ---" A pulse-width-modulated voltage is applied to an IR emitter during the on-time of a primary drive voltage having a frequency of about 2.5 Hz in order to control the power to a predetermined desired level.“).
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 method of Shie in view of Glacer by incorporating the pulsed voltage as taught by Willis for the benefit of controlling the power to a predetermined desired level to mitigate overheating of the emitter device.
Regarding claim 19, Shie in view of in view of Glacer and Willis teaches the method as appears above (see the rejection of claim 16), and Shie teaches wherein the material is either silicon (Col. 3 lines 41-43 ---" In this embodiment, the membrane 13 and the slim supporting beams 15 are made from a silicon wafer using micro-electro-mechanical system (MEMS) technology.”) or the material is an electrically-conducting refractory ceramic.
Claim(s) 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shie et al (US 8,575,578) in view of Glacer et al (US 2017/0288125) and Willis et al (US 2012/0228502) as applied to claim 19, further in view of Abukawa et al (US 2019/0327790).
Regarding claim 20, Shie in view of Glacer and Willis teaches the method as appears above (see the rejection of claim 19), but does not teach wherein the material is said electrically-conducting refractory ceramic, and further wherein the ceramic comprises carbon, HfC, TaHfC or tungsten carbide.
Nonetheless, Abukawa in the same field of endeavor being electric heating, teaches wherein the material is said electrically-conducting refractory ceramic ([0108] lines 7-8 ---" Examples of the carbide-based ceramics include TiC, WC, TaC, B.sub.4C, SiC, HfC, ZrC, VC, and Cr.sub.3C.sub.2.”).
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 method of Shie in view of Glacer and Willis by incorporating the carbide- based ceramics as taught by Abukawa for the benefit of mitigating damage to the heater due to the durability and thermal resistance of ceramics.
Regarding claim 21, Shie in view of Glacer, Willis and Abukawa teaches the method as appears above (see the rejection of claim 20), and Glacer teaches wherein the arms are elastically deformable (Shown in the figure below) so as to absorb thermomechanical changes in shape and/or size of the emitter element and/or of the arms during heating and cooling or the emitter element.
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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 method of Shie in view of Glacer, Willis and Abukawa by incorporating the elastically deformable arms as taught by Glacer for the benefit of mitigating heat during the cooling cycle to prevent inaccuracies in measurement.
Regarding claim 22, Shie in view of Glacer, Willis and Abukawa teaches the method as appears above (see the rejection of claim 21), and Shie teaches wherein each of the arms (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) has a cross-section which varies along its length such that its cross-sectional area is a minimum (Fig. 1 #15 slim supporting beams) at a region of the arm (Fig. 1 #15 slim supporting beams and Fig. 1 #12 conductive pads) adjacent to the emitter element (Fig. 1 #13 membrane for generating infrared radiation).
Response to Arguments
Applicant's arguments filed 07/28/2025 have been fully considered but they are not persuasive.
Applicant argues that the emitter element and arms of Shie are not formed as a single contiguous piece of a material. Examiner respectfully disagrees.
The definition of contiguous, taken from the Merriam-Webster dictionary, is being in actual contact : touching along a boundary or at a point. The emitter element and arms are touching along a boundary or at a point.
Furthermore the emitter element and arms are made of the same material. See Col. 3 lines 41-43 ---"In this embodiment, the membrane 13 and the slim supporting beams 15 are made from a silicon wafer using micro-electro-mechanical system (MEMS) technology.”
Applicant also argues that Shie does not teach the emitter element having a lower resistance in comparison to the arms. Examiner respectfully agrees.
However, newly cited prior rt reference Westphal et al teaches that the resistance of the arms can be increased by making them longer. One of ordinary skill in the art would know that length affects resistance. Making the arms longer while keeping the size and length of the emitter element the same would result in the emitter element having a lower resistance.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOE E MILLS JR./Examiner, Art Unit 3761
/CHRIS Q LIU/Primary Examiner, Art Unit 3761