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 .
Status of the Claims
The amendment filed 8/20/2025 has been entered. Claim 1 has been amended and claims 14-15 are new. Claims 1-15 are currently pending, and claims 1-6, 9-12, and 14-15 are examined herein.
Status of the Rejection
The 35 U.S.C. § 103 rejections of claims 1-6 and 9-12, previously set forth in the Non-Final Rejection filed 4/21/2025 are maintained.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6, 9-12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (KR20140026583A, referencing furnished machine translation) in view of Hasegawa et al. (US 20170089875 A1).
Regarding claim 1, Park teaches a gas sensing device (hydrogen sensor element 100 in Fig. 1 [0026]) comprising:
a housing (packaging body 131 in Fig. 1 [0058]) comprising an opening part through which a target gas to be sensed enters an inner space thereof (hydrogen permeable membrane 132 in Fig. 1 selectively transmits hydrogen gas into sealed space 140 [0058]); and
a sensor unit disposed in the inner space of the housing (sensor part 710 in Fig. 7 is an example of sensor unit 110 in Fig. 1, such that the sensor unit comprising oxygen ion conductor 211, hydrogen ion conductor 212, reference electrode 213, and detection electrode 214 are disposed in sealed space 140 [0055]).
Park is silent to the limitation wherein the gas sensing device includes a connection passage connecting a first opening and a second opening that are formed in the housing such that the first opening and the second opening are open toward the inner space of the housing.
Hasegawa teaches a gas sensing device (the bypass device in gas detector 420 in annotated Fig. 42 below [0388]) including a sensor unit disposed in the inner space of a housing (odiferous gas sensor 426 is arranged in side bypass passage 418b in Fig. 42 [0388]) and a connection passage connecting a first and second opening formed in a housing, such that the first and second opening are open toward the inner space of the housing (circulating flow channel 438 connects a first opening upstream of gas sensor 426 to a second opening downstream of gas sensor, and bypass suction fan 434 assists in circulation in Fig. 42 [0390]). Hasegawa further teaches that this circulation system increases detection reliability and gas contact time with the sensor unit [0392-0393].
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Annotated Fig. 42 from Hasegawa
Park and Hasegawa are both considered analogous to the claimed invention because they are in the same field of gas sensing devices. 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 gas sensing device in Park by including a circulation system with a connection passage and suction fan, such that the connection passage connects a first opening and a second opening that are formed in the housing such that the first opening and the second opening are open toward the inner space of the housing, and the first opening is downstream of the sensor unit and the second opening is upstream of the sensor unit (see annotated Fig. 1 below), as taught in Hasegawa, since this would increase detection reliability and gas contact time with the sensor unit [0392-0393 in Hasegawa]. Furthermore, Hasegawa teaches the claimed improvement as a known technique that is applicable to the base device in Park. One skilled in the art could have applied the circulation system in Hasegawa in the same way to the base device in Park, yielding predictable results (MPEP 2143(I)(D)).
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Annotated Fig. 1 from Park modified by Hasegawa
Regarding claim 2, modified Park teaches the gas sensing device of claim 1, and Park teaches the gas sensing device further comprising a heater unit for heating the sensor unit to a sensing temperature (while not shown, a heater part is installed at an appropriate location adjacent to oxygen ion conductor 211 or hydrogen ion conductor 212 in Fig. 7 for heating the sensor part to a sensing temperature [0016, 0055]).
Regarding claim 3, modified Park teaches the gas sensing device of claim 1, and Park further teaches wherein the inner space of the housing is in communication with external air only through the opening part (apart from hydrogen permeable membrane 132, sealed space 140 is isolated from external air [0026]).
Regarding claim 4, modified Park teaches the gas sensing device of claim 1, and further teaches wherein the inner space of the housing comprises a first inner space between the sensor unit and the opening part and a second inner space that is a space except for the first inner space, the first opening is open toward the first inner space, and the second opening is open toward the second inner space (as shown in Fig. 7 in Park, the sensor unit is disposed at the axial end of sensor portion 110 in Fig. 1 of Park. Annotated Fig. 1 above demonstrates that modified Park teaches the claimed configuration if the first inner space, second inner space, first opening, and second opening).
Regarding claim 5, modified Park teaches the gas sensing device of claim 4, and Park further teaches wherein the housing is formed in a hollow tubular shape (the packaging body 131 in Fig. 1 is cylindrical [0019]) such that the opening part is formed in a first end portion of the housing in a longitudinal direction (hydrogen permeable membrane 132 is disposed at a first end portion of packaging body 131 in a longitudinal direction in Fig. 1 [0026]), the sensor unit is disposed at the inner space of the housing while the sensor unit is in a state of being fixed to a first end portion of a frame in a longitudinal direction (as shown in Fig. 7, the sensor unit is disposed at the axial end of sensor portion 110 in Fig. 1 and is suspended in sealed space 140, wherein handle part 280 in Fig. 7 is the frame of sensor portion 110 [0055]), the frame having a diameter smaller than an inner diameter of the housing (sensor portion 110 has a smaller diameter than packaging body 131 in Fig. 1), and a second end portion of the frame in the longitudinal direction is gas-tightly fixed to the housing (the end portion of sensor portion 110 opposite the sensor unit is fixed to packaging body 131 by sealing member 133 to create a gas-tight seal in Fig. 1 [0066]).
Regarding claim 6, modified Park teaches the gas sensing device of claim 5, and further teaches wherein a space between the frame and an inner wall of the housing forms the second inner space (as shown in annotated Fig. 1 above, the space between sensor portion 110 and packaging body 131 is the second inner space), and a circulation path circulating the first inner space, the first opening, the connection passage, the second opening, and the second inner space is formed (the gas to be measured travels through membrane 132 to the first inner space to contact the sensor unit, then to the second inner space past the sensor unit, through the second opening via the suction fan, and through the first opening).
Regarding claim 9, modified Park teaches the gas sensing device of claim 1, and Park further teaches wherein the sensor unit comprises a hydrogen sensor element (sensor unit 110 is a hydrogen sensor [0055]).
Regarding claim 10, modified Park teaches the gas sensing device of claim 9, and Park further teaches wherein the hydrogen sensor element comprises: a solid electrolyte (oxygen ion conductor 211 and hydrogen ion conductor 212 in Fig. 7 are solid electrolytes [0020, 0029]); a sensing electrode formed on a first surface of the solid electrolyte in a direction toward the opening part (detection electrode 214 in Fig. 7 is disposed toward membrane 132 in Fig. 1 [0055]); and a reference electrode formed on a second surface of the solid electrolyte (reference electrode 213 on top of ion conductors 211 and 212 in Fig. 7 [0055]), wherein the first opening is positioned between the reference electrode and the opening part (as shown in annotated Fig. 1, the first opening is positioned between sensor portion 110 and membrane 132 in the vertical direction, such that the first opening is also positioned between reference electrode 213 contained in sensor portion 110 and membrane 132).
Regarding claim 11, Park teaches a gas sensing device comprising:
a housing (packaging body 131 in Fig. 1 [0058]) which comprises an inner space (sealed space 140 in Fig. 1 [0058]) and which is formed in a hollow tubular shape (packaging body 131 in Fig. 1 is cylindrical [0019]), the housing being configured such that a lower end portion of the housing in a longitudinal direction is open toward the inner space, thereby forming an opening part such that a target gas to be sensed enters the inner space (hydrogen permeable membrane 132 in Fig. 1 selectively transmits hydrogen gas into sealed space 140 [0058]);
a sensor unit disposed at a position of the inner space, the position being spaced apart from both an upper end portion and the lower end portion of the housing in the longitudinal direction by a predetermined distance (sensor part 710 in Fig. 7 is an example of sensor unit 110 in Fig. 1, such that the sensor unit comprising oxygen ion conductor 211, hydrogen ion conductor 212, reference electrode 213, and detection electrode 214 are disposed in sealed space 140 a predetermined distance away from the upper and lower end portions of packaging body 131 [0055]), the sensor unit comprising a sensing electrode formed to face the opening part (detection electrode 214 in Fig. 7 is disposed toward membrane 132 in Fig. 1 [0055]); and
a heater unit provided to heat the sensor unit to a sensing temperature (while not shown, a heater part is installed at an appropriate location adjacent to oxygen ion conductor 211 or hydrogen ion conductor 212 in Fig. 7 for heating the sensor part to a sensing temperature [0016, 0055]),
wherein the inner space of the housing comprises a first inner space and a second inner space that are respectively positioned below and above the sensing electrode of the sensor unit on the basis of the sensing electrode of the sensor unit (sealed space 140 in Fig. 1 can be divided into a first inner space, including all of the space below the detection electrode disposed at the end of sensor portion 110, and a second inner space, including all of the space above the detection electrode).
Park is silent to the following limitations: (1) a first opening formed to be open toward the first inner space and a second opening formed to be open toward the second inner space are formed in the housing; and (2) a connection passage connecting the first opening and the second opening is provided, thereby forming a circulation path in which the target gas to be sensed enters through the opening part and which is circulated through the first inner space, the first opening, the connection passage, the second opening, and the second inner space.
Hasegawa teaches a gas sensing device (the bypass device in gas detector 420 in annotated Fig. 42 above [0388]) including a sensor unit disposed in the inner space of a housing (odiferous gas sensor 426 is arranged in side bypass passage 418b in Fig. 42 [0388]) and a connection passage connecting a first and second opening formed in a housing, such that the first and second opening are open toward the inner space of the housing (circulating flow channel 438 connects a first opening upstream of gas sensor 426 to a second opening downstream of gas sensor, and bypass suction fan 434 assists in circulation in Fig. 42 [0390]). Hasegawa further teaches that this circulation system increases detection reliability and gas contact time with the sensor unit [0392-0393].
Park and Hasegawa are both considered analogous to the claimed invention because they are in the same field of gas sensing devices. 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 gas sensing device in Park by including a circulation system with a connection passage and suction fan, such that the connection passage connects a first opening and a second opening that are formed in the housing such that the first opening and the second opening are open toward the inner space of the housing, and the first opening is downstream of the sensor unit and the second opening is upstream of the sensor unit, as taught in Hasegawa, since this would increase detection reliability and gas contact time with the sensor unit [0392-0393 in Hasegawa]. Additionally, this modification results in (1) the first opening formed to be open toward the first inner space and the second opening formed to be open toward the second inner space; and (2) a connection passage connecting the first opening and the second opening, thereby forming a circulation path in which the target gas to be sensed enters through the opening part and which is circulated through the first inner space, the first opening, the connection passage, the second opening, and the second inner space (see annotated Fig. 1 above; the gas to be measured travels through membrane 132 to the first inner space to contact the sensor unit, then to the second inner space past the sensor unit, through the second opening via the suction fan, and through the first opening). Furthermore, Hasegawa teaches the claimed improvement as a known technique that is applicable to the base device in Park. One skilled in the art could have applied the circulation system in Hasegawa in the same way to the base device in Park, yielding predictable results (MPEP 2143(I)(D)).
Regarding claim 12, modified Park teaches the gas sensing device of claim 11, and Park further teaches wherein the sensor unit is disposed at the inner space while the sensor unit is in a state of being fixed to a lower end portion of a frame (as shown in Fig. 7, the sensor unit is disposed at the lower axial end of sensor portion 110 in Fig. 1 and is suspended in sealed space 140, wherein handle part 280 in Fig. 7 is the frame of sensor portion 110 [0055]) which is formed in a hollow tubular shape (ion conductors 211 and 212 in Fig. 7 are circular pellets [0055], such that handle part 280 must also be a cylinder) and which has a diameter smaller than an inner diameter of the housing (sensor portion 110 has a smaller diameter than packaging body 131 in Fig. 1), an inner portion of the frame is exposed to external air while the inner portion of the frame is isolated from the inner space of the housing (reference gas passage 250 inside handle part 280 in Fig. 7 comes into contact with outside air and is isolated from the hydrogen gas to be measured [0055]), and the sensor unit further comprises a reference electrode that is exposed to the external air through the inner portion of the frame (reference electrode 213 faces reference gas passage 250 in Fig. 7 [0055]).
Regarding claim 14, modified Park teaches the gas sensing device of claim 1, and Park further teaches wherein the opening part of the housing is provided with a gas permeating filter passing the target gas into the inner space of the housing (hydrogen permeable membrane 132 in Fig. 1 selectively transmits hydrogen gas into sealed space 140 [0058]).
Regarding claim 15, modified Park teaches the gas sensing device of claim 11, and Park further teaches wherein the opening part of the housing is provided with a gas permeating filter passing the target gas into the inner space of the housing (hydrogen permeable membrane 132 in Fig. 1 selectively transmits hydrogen gas into sealed space 140 [0058]).
Response to Arguments
Applicant's arguments, see Remarks pgs. 8-17, filed 8/20/2025, with respect to the 35 U.S.C. § 103 rejections have been fully considered and are not persuasive.
Applicant’s Argument #1:
Applicant argues on pgs. 9-16 that one of ordinary skill in the art would not combine the teachings of Park and Hasegawa to arrive at the invention of claims 1 and 11, as the addition of the fan-driven circulating flow with the connection passage disrupts the equilibrium state of Park, rendering the sensor inoperable.
Examiner’s Response #1:
Applicant’s arguments have been fully considered, but are not persuasive. The introduction of flow via the fan in Hasegawa (constant flow velocity [0185 in Hasegawa]) would not prevent the system in modified Park from reaching a state of thermodynamic equilibrium. Rather, one of ordinary skill in the art would recognize that a thermodynamic equilibrium is still achieved with steady-state convection, and one could still experimentally arrive at the desired proportional relationship between dissolved gas concentration and gas concentration in the sealed space [0042 in Park] (e.g., by testing known calibration standards while operating the fan at steady-state). Thus, increased detection reliability and contact time is obtained [0392-0393 in Hasegawa] without destroying the sensor operation, and the inventions of claims 1 and 11 are obvious in view of Park and Hasegawa.
Applicant’s Argument #2:
Applicant argues on pgs. 15-16 that because claims 2-6, 9-10, 12, and 14-15 depend on independent claims 1 or 11, if independent claims 1 and 11 are allowable, dependent claims 2-6, 9-10, 12, and 14-15 are likewise allowable.
Examiner’s Response #2:
Based on the above response #1, applicant’s arguments regarding claims 1 and 11 are not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 KAYLEE Y TSENG whose telephone number is (703)756-5542. The examiner can normally be reached Mon - Fri 9-6 PT.
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/K.T./Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795
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