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 .
Election/Restrictions
Applicant’s election of claims 1-5 in the reply filed on May 28th, 2025, is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 6-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 13, “temperature” should say “the temperature” for claim language consistency.
Appropriate correction is required.
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 1-5 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.
Claim 1 recites the limitation “the strength of the signal” in line 11. There is insufficient antecedent basis for this limitation in the claim.
The dependent claims necessarily inherit the indefiniteness of the claims on which they depend.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nagl et al. (US 20140198824 A1), in view of Nakao et al. (US 20230373168 A1).
Regarding claim 1, Nagl discloses a method for measuring temperatures of materials during a process ([0009, 0058]; contact-free temperature measurement of systems that may be in motion) comprising:
measuring a temperature ([0003]; temperature measurement) of a material ([0003]; measurement object or component) in a process via:
inducing a current within the material ([0017]; inducing Eddy current in measurement object) via an electromagnetic coil ([0017]; a coil induces the Eddy current by means of an electromagnetic alternating field);
placing at least one antennae ([0038]; measurement coil) at a distance from the material ([0038]; measurement coil is placed at a distance from the measurement object);
receiving a signal ([0033, 0052]; impedance signal is received from measurement coil) generated by the current with the at least one antennae;
wherein the at least one antennae is coupled to a device ([0052]; measurement coil is connected to electronics comprising microcontroller or signal processor by way of a sensor line) for measuring a strength of the current via the signal generated by the current ([0038]; measuring impedance by means of measuring frequency and amplitude of the induced current);
processing the signal generated by the current via a micro-controller device ([0052]; microcontroller) to interpret the strength of the current, wherein the strength of the current is proportional to a distance the current must travel through the material ([0036]; the penetration depth of the electromagnetic alternating field in the measurement object is dependent on the frequency of the applied current), wherein a strength of the signal indicates the temperature of the material in the process ([0052]; temperature of the measurement object is determined from the measured signal);
and all performed without physically contacting ([0003]; contact-free manner) the material being measured for temperature.
Nagl does not disclose measuring temperatures of materials being heating during a high-temperature composite process.
However, Nakao teaches measuring temperatures ([0086]; temperature measuring unit 52 measuring temperatures of placement plane 10s) of materials ([0070]; reinforcing fiber tows on placement plane 10s) being heated during a high-temperature composite process ([0011]; forming fiber composite by automated placement of heated reinforcing fiber tows) without physically contacting ([0086]; without contacting the placement place 10s) the materials being measured for temperature. The material comprises carbon fiber material ([0069]; reinforcing fiber tow may be carbon fiber) being processed by an Automated Fiber Placement machine ([0011]).
Nagl and Nakao are both considered to be analogous to the claimed invention because they are in the field of contact-free temperature measurement. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to use the contact-free temperature measurement of Nagl in the process of Nakao to provide measuring temperatures of materials during a high-temperature composite process. Doing so would allow for the temperature of reinforcing fiber tows to be measured independent of the distance between the contact-free sensor and the reinforcing fiber tows (Nagl [0037-0042]) and allow for errors in measurement due to heating the reinforcing fiber tows to be compensated for (Nagl [0043-0046]).
Regarding claim 2, modified Nagl discloses the method of claim 1, wherein Nakao further teaches the material being measured is processed by an Automated Fiber Placement machine ([0011]).
Regarding claim 3, modified Nagl discloses the method of claim 1, wherein Nakao further teaches the material in the process is a carbon fiber material ([0069]; reinforcing fiber tow may be carbon fiber).
Regarding claim 4, modified Nagl discloses the method of claim 1, wherein Nagl further discloses the electromagnetic coil at least partially surrounds the material (Fig. 1; coil may partially cover the example measurement object 1).
Regarding claim 5, modified Nagl discloses the method of claim 1, further Nakao further teaches heating the material with a heating element ([0086]; heater 53 heats the placement plane 10s comprising the reinforcing fiber tows).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brandli (US 3936734 A) discloses a method for contactless measurement of conductivity and/or temperature on metals by means of eddy currents.
Dipling (AT 387853 B) discloses a method of measuring the temperature of an electrically conductive body using an electromagnetic coil.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vipul Malik whose telephone number is (571)272-0976. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.M./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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