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 .
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 1-9, 12,15-17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Jia 2019/0016065US in view of the US Patent Application Publication to Chen 2012/0143522US.
In terms of Claims 1 and 8, Jia teaches A sensor device (Figure 1-3) comprising: a capillary (Figure 2: 4) configured for being embedded in a laminate structure (Figure 3: 6 and 8) between two layers (Figure 3: 6 and 8) of the laminate structure (Figure 3); a medium ([0015]) arranged within the capillary (Figure 2: within 4 a fluid; [0015]); an optical fiber (Figure 2: 11) extending through the capillary (Figure 2: 11 within 4) and surrounded by the medium [0015], wherein a portion (Figure 2: on 11) of the optical fiber (11) has temperature-dependent optical transmission characteristics (Figure 2: 3).
Jia does not teach a strain sensor configured to measure strain a distance from the portion of the inside of capillary, the distance being less than or equal to a diameter of the capillary, wherein the strain sensor is an additional optical fiber with strain-dependent optical transmission characteristics and wherein the strain sensor is arranged outside the capillary.
Chen does teach a strain sensor (Figure 1: 106; which can measure strain [0026] and temperature [0046]) configured to measure strain at a distance from the middle of tubular object similar in shape to the capillary of Jia (Figure 1: 106 on tubular structure 102), the distance being less than or equal to a diameter of the capillary (Figure 1: 106; the sensor 106 is positioned on the outside of the tube 102 hence a portion of the sensor is equal to the diameter of the tube), wherein the strain sensor is an additional optical fiber 104 ([0026]) with strain-dependent optical transmission characteristics and wherein the strain sensor is arranged outside the capillary or tubular structure (Figure 1: 106 on 102).
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 of Jia to include an additional strain sensor on the outside of the device to get a reading of the strain that is exerted on the surface of the cylindrical capillary body. This provides a more accurate reading compare to a sensor that is located internally of the capillary since some of the strain force by muted of absorbed capillary (See Chen’s [0026]).
As for Claim 2, Jia / Chen teaches the sensor device according to claim 1, wherein Jia teaches the layer 6, 7 and 8 combines can have a thickness of 3 mm or less ([0074]). Jia further teaches layer 8 can have a thickness of 1.5 mm ([0075]). One can conclude then layer 6 and 7 will have a thickness of 1.5 mm or less from the disclosed dimension above. The diameter of the tube 4 is shown to be in layer 7 as shown by Figure 1. Hence, the range 450 um or smaller is completely within disclosed range of 1.5 mm or less as indicated by Figures 1, 2 and [0075]. Further, since the claimed ranges of a diameter of the capillary being 450 um or smaller does not have any associated critically or specificity in regards with the disclosure, the examiner considers the rejection as detailed above to read onto the claimed ranges. Lastly, based on the disclosed ranges above, there must be some degree of overlaps in ranges that exist from Jia to the claimed range of 450 um or smaller. 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 capillary tube size so it will fit within the layers 6/7/8 as shown in Figure 1 wherein thin applications are required to fit the sensor into tight spaces. 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 3, Jia / Chen teaches the sensor device according to claim 1, wherein Jia teaches the portion (on 11) of the optical fiber 11 comprises a fiber Bragg grating (Figure 2: 2 or 3).
As for Claim 4, Jia / Chen teaches the sensor device according to claim 3, wherein Jia teaches the optical fiber (11) comprises two fiber Bragg gratings (Figure 2: 2 and 3) having different lattice constants (2 lattice is different than 3 because 2 is designed to measure strain while 3 is designed to measure temperature).
As for Claim 5, Jia / Chen teaches the sensor device according to claim 1, wherein Jia teaches the medium
As for Claim 6, Jia / Chen teaches the sensor device according to claim 1, wherein Jia teaches the medium ([0015]) and the capillary (4) are optically transparent (the medium must be optical transparent in order for light to reach the grating).
As for Claim 7, Jia / Chen teaches the sensor device according to claim 1, wherein Jia teaches the sensor device is further configured to be connectable to a measurement circuit (Figure 3: via 5) configured to measure a change in the temperature-dependent optical transmission characteristics of the optical fiber (Figure 2: 3).
In terms of Claim 9, Jia teaches a sensor system (Figure 1-3), comprising: a laminate structure (Figure 3: 6 and 8) comprising two layers (Figure 3: 6 and 8); a capillary (Figure 2: 4) embedded in the laminate structure between the two layers (Figure 2: 4 and Figure 3); a medium ([0015]) arranged within the capillary ([0015]); an optical fiber (Figure 2: 11) extending through the capillary (Figure 2: 11 and 4) and surrounded by the medium ([0015] within 4), wherein a portion of the optical fiber (11) has temperature-dependent optical transmission characteristics (Figure 3: can be detected by 3); and light source ([0064]) configured to transmit light through the optical fiber ([0064: there must be a light source to transmit light through the optical fiber when it used as a light transmission tool).
Jia does not teach a strain sensor configured to measure strain a distance from the portion of the inside of capillary, the distance being less than or equal to a diameter of the capillary, wherein the strain sensor is an additional optical fiber with strain-dependent optical transmission characteristics and wherein the strain sensor is arranged outside the capillary.
Chen does teach a strain sensor (Figure 1: 106; [0026]) configured to measure strain ([0026]) at a distance from the middle of tubular object similar in shape to the capillary of Jia (Figure 1: 106 is located on outside surface of the cylindrical body 102, the sensor 106 is configured to measure strain at the surface [0026], which is located at a distance from the internal area of the tube (Figure 1: 102/106), the distance being less than or equal to a diameter of the capillary (Figure 1: 106 the sensor is positioned on the outside of the tube 102 hence a portion of the sensor is equal to the diameter of the tube), wherein the strain sensor (106) is an additional optical fiber (Figure 1: 106 of 104) with strain-dependent optical transmission characteristics and wherein the strain sensor is arranged outside the capillary (Figure 1: 102, 104, 106). 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 of Jia to include an additional strain sensor on the outside of the device to get a reading of the strain that is exerted on the surface of the cylindrical capillary body. This provides a more accurate reading compare to a sensor that is located internally of the capillary since some of the strain force by muted of absorbed capillary.
As for Claim 12, Jia teaches the sensor device according to claim 9, wherein the capillary is embedded in an encapsulant layer (Figure 3: 7) of the laminate structure (Figure 3: 6-8).
In terms of Claims 15 and 16, Jia / Chen teach a method of measuring a temperature in the laminate structure of claim 9, wherein Jia teaches using the sensor system of claim 9, the method comprising: transmitting light from the light source through the optical fiber (Figure 1: 11 [0064]); measuring light reflected or transmitted in the optical fiber ([0023]), wherein the light reflected or transmitted is indicative of the temperature of the laminate structure ([0020-0023]); measuring strain at a distance from the portion of the optical fiber (on 11), the distance being less than or equal to a diameter of the capillary (Figure 2: 2 grating has a diameter of the fiber 11, the fiber 11 is within 4 thus the diameter of 2 is less diameter of 4); and calculating the temperature of the laminate structure based on detecting changes in wavelength of the measured light (The sensor is capable of detecting strain deformation base on wavelengths [0027] and (Figure 4), the strain is then used to correlate to certain ranges of temperature base on deformations ([0011] and [0046]) and the measured strain.
Jia does not teach, wherein measuring the strain comprises measuring light reflected or transmitted in the additional optical fiber, and wherein the light reflected or transmitted is indicative of the strain at the distance from the portion; wherein the strain sensor comprises an additional optical fiber with strain-dependent optical transmission characteristics and wherein measuring the strain comprises measuring the light reflected or transmitted in the additional optical fiber of the strain sensor.
Chen does teach wherein measuring the strain ([0026]) comprises measuring light reflected (from the grating structure ([0028]) or transmitted in the additional optical fiber (104), and wherein the light reflected or transmitted is indicative of the strain at the distance from the portion (Figure 1: at 106 and [0026]); wherein the strain sensor (106) comprises an additional optical fiber (Figure 1: 104 wrapped around the outside of the tubular structure 102) with strain-dependent optical transmission characteristics and wherein measuring the strain comprises measuring the light reflected or transmitted in the additional optical fiber of the strain sensor ([0026]).
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 of Jia to include an additional strain sensor on the outside of the device to get a reading of the strain that is exerted on the surface of the cylindrical capillary body. This provides a more accurate reading compare to a sensor that is located internally of the capillary since some of the strain force by muted of absorbed capillary ([0032]).
As for Claim 17, Jia / Chen teaches the sensor device according to claim 15, wherein Jia the capillary is embedded in an encapsulant layer of the laminate structure (Figure 3: 7).
In terms of Claim 21, Jia / Chen teaches a capillary (Figure 2: 4) configured for being embedded in a laminate structure (Figure 3: 6 and 8) between two layers (Figure 3: 6 and 8) of the laminate structure (Figure 3); a medium ([0015]) arranged within the capillary (Figure 2: within 4 a fluid; [0015]); an optical fiber (Figure 2: 11) extending through the capillary (Figure 2: 11 within 4) and surrounded by the medium [0015], wherein a portion (Figure 2: on 11) of the optical fiber (11) has temperature-dependent optical transmission characteristics (Figure 2: 3).
Jia does not teach a strain sensor configured to measure strain at a distance from the portion of the optical fiber, the distance being less than or equal to a diameter of the capillary, wherein the strain sensor comprises an additional optical fiber with strain-dependent optical transmission characteristics and wherein the additional optical fiber is arranged outside the capillary.
Chen does teach a strain sensor (Figure 1: 106; [0026]) configured to measure strain at a distance from the portion of the optical fiber ([0026]), the distance being less than or equal to a diameter of the capillary (Figure 1: 106 is on the outside, wherein the strain sensor (106) comprises an additional optical fiber (104) with strain-dependent optical transmission characteristics and wherein the additional optical fiber is arranged outside the capillary (Figure 1: 106 and 104; [0026]).
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 of Jia to include an additional strain sensor on the outside of the device to get a reading of the strain that is exerted on the surface of the cylindrical capillary body. This provides a more accurate reading compare to a sensor that is located internally of the capillary since some of the strain force by muted of absorbed capillary ([0032]).
Claims 10, 11, 13, 14, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jia and Chen as applied to claim 9 above, and further in view of US Patent Application Publication to Shah 2019/0178268US.
In regards to claims 10 and 11, Jia / Chen teaches the device of claim 9, wherein the light reflected or transmitted is indicative of the temperature of the laminate structure; wherein the strain sensor (Figure 2: 2) comprises an additional optical fiber with strain-dependent transmission characteristics.
Jia / Chen do not teach the device, further comprising a measurement circuit
Shah does teach a measurement circuit arranged to measure the light reflected or transmitted in the optical fiber, wherein the light reflected or transmitted is indicative of the temperature (Figure 7: 400; [0021], [0050-0051]) which can calculate the temperature and strain from FBG gratings ([0021] and [0050-0051]). 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 Shah with Jia of using a measurement circuit to perform calculations of temperature and strain data from the gratings of Jia. This allows the system to detect temperature / strain variance and over different parameters of measurement.
In regards to Claims 13-14 and 19-20 Jia / Chen teach the device of claim 9; the sensor system further comprises another strain sensor (Figure 6).
Jia / Chen do not teach wherein the laminate structure further comprises a photovoltaic cell; wherein the sensor is attached to the photovoltaic cell using an optically transparent bonding material and attached to the photovoltaic cell.
Shah does teach sensor structure further comprises a photovoltaic cell (Figure 6 and 7; the FBG ([0021]) is attached to the photovoltaic cell (Figure 6) using an optically transparent bonding material and attached to the photovoltaic cell (Figure 6: various transparent layers in the photovoltaic cell bonds or encapsulate the sensor to the cell). It would have been obvious to one of ordinary skill in art before the effective filing date of the claim invention to integrate a Fiber grating sensor capable of detecting temperature and strain to a photovoltaic cell in order to detect strain and temperature acting on the cell which may cause the cell to have performance issues via a laminate layer such transparent bonding material. The incorporation of temperature and strain sensors improves to performance and functionality of the cell.
Response to Arguments
Applicant’s arguments, see Pre-Appeal Conference Request, filed 2/20/2026, with respect to 1, 9 and 21 have been fully considered and are persuasive. The FINAL Rejection of 8/12/2025 has been withdrawn.
The examiner has established new grounds of rejection in view of the prior art to Chen as detailed above.
In regards to Claim 2, the applicant argued the prior art of Jia does not teach the claimed diameter of the capillary to be 450 um or smaller.
The examiner has found this argument to be non-persuasive because Jia teaches the layer 6, 7 and 8 combines to have a thickness of 3 mm or less ([0074]). Jia further teaches layer 8 can have a thickness of 1.5 mm ([0075]). One can conclude then layer 6 and 7 will have a thickness of 1.5 or less from the disclosed dimension above. The diameter of the capillary tube 4 is shown to be within layer 7 as shown by Figure 1. Hence, the range 450 um or smaller is completely within disclosed range of 1.5 or less as indicated by Figures 1, 2 and [0075]. Further, since the claimed ranges of a diameter of the capillary being 450 um or smaller does not have any associated critically or specificity in regards with the disclosure, the examiner considers the rejection as detailed above to read onto the claimed ranges.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application to Croteau teaches optical fibers having gratings sensors wrapped around the outer edge surface of a tubular structure for measure strain and temperature in an accurate manner.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 5712722397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG Q TRAN/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
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