DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of species 1 (Figs. 4-6 and 8-10; claims 1-9 and 16-21) in the reply filed on January 5, 2026 is acknowledged. Accordingly, claims 1-9 and 16-21 directed to the elected species 1 are examined below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 16-21 are rejected under 35 U.S.C. 112(a) as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The invention of elected species 1 is illustrated in Figs. 4-6 and 8-10. Independent claim 16 of the elected species 1, however, appears to inadvertently recites features of Fig. 14 directed to non-elected species 4, thus causing enablement issues with dependent claims 17-21.
Going forward with examination, claim 16 is interpreted to be:
--16. A pressure sensor assembly, comprising:
a housing (12, 14) having a port (42);
a support substrate (24) located in a cavity in the housing (12, 14);
a sealing glass layer (28) bonded to the support substrate (24), the sealing glass layer (28) located in the cavity in the housing (12, 14);
a diaphragm substrate (32) bonded to the sealing glass layer (28), the diaphragm substrate (32) located in the cavity in the housing (12, 14);
a diaphragm (32) being part of the diaphragm substrate (32), the diaphragm (32) selectively exposed to fluid pressure in the port (42);
a plurality of resistors (34) coupled to the diaphragm (32) such that the plurality of resistors (34) are located between the diaphragm substrate (32) and the support substrate (24); and
at least one progressive stopper (46) integrally formed with one of the diaphragm substrate (32) or the support substrate (24);
wherein a first portion of the at least one progressive stopper (46) is in contact with one of the at least one of the diaphragm substrate (32) or the support substrate (24) when pressure applied to the diaphragm (32) is above a first predetermined value, and a second portion of the of the at least one progressive stopper (46) is in contact with
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Orlowski et al. (EP 0373536 A2; hereinafter “Orlowski.” This Office action provides a machine translation of Orlowski).
Orlowski teaches:
1. A pressure sensing element, comprising (See figs. 4, 5, reproduced and annotated below, showing variants of a “progressive stopper” 2, 10 or 11):
a support substrate (1);
an intermediate layer (3) bonded to the support substrate 1 (as shown at least in fig. 5);
a diaphragm substrate (4) bonded to the intermediate layer 3 (via the progressive stopper 11, as shown at least in fig. 5); and
a diaphragm 4 (having a movable electrode 5) being part of the diaphragm substrate (4);
at least one progressive stopper 2, 10 or 11 (shown in fig. 4 or fig. 5) in contact with at least one of the diaphragm substrate (4) or the support substrate (1) when pressure (P) applied to the diaphragm (4) is above a first predetermined value (See translation, e.g., Pars. 0009-010, 0017-0018, 0023-0024; and Note 1 below).
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Note 1: The progressive stopper 2, 10 or 11 helps prevent overloading of the diaphragm 4. The pressure sensing element senses a pressure P applied to the diaphragm 4. The pressure P pushes the diaphragm 4 to flex down according to a value of the pressure P. When a value of the pressure P is above a predetermined (excessive) pressure value, the diaphragm 4 continues flexing down. Eventually, the at least one progressive stopper 2, 10 or 11 in turn touches, supports and stops the diaphragm 4 from flexing down further, thereby helps prevent overloading of the diaphragm 4.
2. The pressure sensing element of claim 1, the at least one progressive stopper further comprising (See fig. 5):
at least one stopper ring (11) connected to the diaphragm substrate (4) such that the at least one stopper ring (11) is located between the diaphragm substrate (4) and the support substrate (1);
wherein the at least one stopper ring 11 (which may be a plurality of rings 11 arranged in cascade similarly to an arrangement of the at least one stopper rings 2 and 10 shown in fig. 4) contacts the support substrate (1) in more than one location when the pressure (P) applied to the diaphragm (4) is above the first predetermined value (as is evident from the discussion above in claim 1, Note 1 and at least figs. 4, 5; See pars. 0009-010, 0017-0018, 0023-0024 of the machine translation).
3. The pressure sensing element of claim 2, the at least one progressive stopper further comprising:
a first stopper ring (11) connected to the diaphragm substrate 4 (as is evident from the discussion above in claim 2; Figs. 4, 5; Pars. 0009-010, 0017-0018, 0023-0024 0023); and
a second stopper ring (11) connected to the diaphragm substrate 4 ((as is evident from the discussion above in claim 2; Figs. 4, 5; Pars. 0009-010, 0017-0018, 0023-0024 0023);
wherein the first stopper ring contacts the support substrate (1) when the pressure (P) applied to the diaphragm (4) is above the first predetermined value, and both the first stopper ring and the second stopper ring contact the support substrate (1) when the pressure (P) applied to the diaphragm (4) is above a second predetermined value ((as is evident from the discussion above in claim 2; Figs. 4, 5; Pars. 0009-010, 0017-0018, 0023-0024 0023).
4. The pressure sensing element of claim 3, wherein the first stopper ring circumscribes the second stopper ring ((as is evident from the discussion above in claim 2; Figs. 4, 5; Pars. 0009-010, 0017-0018, 0023-0024 0023).
7. The pressure sensing element of claim 3, wherein the first stopper ring (11) is mounted to the diaphragm substrate (4), and the second stopper ring (11) is mounted to the diaphragm substrate (4) such that the first stopper ring (11) and the second stopper ring (11) are in contact with and adjacent to one another ((as is evident from the discussion above in claim 2; Figs. 4, 5; Pars. 0009-010, 0017-0018, 0023-0024 0023).
8. The pressure sensing element of claim 3, wherein the first stopper ring is taller than the second stopper ring (in a vertical direction, as is evident from (as is evident from the discussion above in claim 2; Figs. 4, 5; Pars. 0009-010, 0017-0018, 0023-0024 0023).
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.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Orlowski.
5. Orlowski teaches the pressure sensing element of claim 4, but doesn’t expressly teach: the pressure sensing element further comprising a third stopper ring circumscribed by the second stopper ring.
Orlowski however teaches that the pressure sensing element may comprise “multiple support rings” as the progressive stopper (Par. 0024). In other words, the progressive stopper may comprise more than two stopper rings (2, 10 or 11).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have the pressure sensing element further comprise a third stopper ring (and a fourth stopper ring, and so forth) circumscribed by the second stopper ring, in order to practice Orlowski invention.
6. Orlowski as modified teaches the pressure sensing element of claim 5, but is silent about: wherein one of the first stopper ring, the second stopper ring, or the third stopper ring is of a square shape.
However, it has been held that changing size or shape of a known structure is obvious variation, thus uninventive and unpatentable. In re Rose, 220 F.2d 459, 463, 105 USPQ 237, 240 (CCPA 1955). In the present case, it appears that one of the first stopper ring, the second stopper ring, or the third stopper ring may be of a round shape or a square shape and still be able to support and stop the diaphragm (4) from flexing further, thereby would still be able to preventing overloading of the diaphragm (4). Orlowski is silent about any required shape for the stopper ring(s).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have one of the first stopper ring, the second stopper ring, or the third stopper ring be of a round shape or a square shape, since it appears that one of the first stopper ring, the second stopper ring, or the third stopper ring may be of a round shape or a square shape and still be able to support and stop the diaphragm 4 from flexing further, thereby would still be able to preventing overloading of the diaphragm (4), so as to practice Orlowski invention.
Claims 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 9,963,340) in view of Applicant Admitted Prior Art (AAPA).
1. Brown teaches a pressure sensing element (300), comprising (See figs. 3A-3C, reproduced below):
a support substrate (302);
a diaphragm substrate (310)
a diaphragm (312) being part of the diaphragm substrate (310);
at least one progressive stopper (306, 314) in contact with at least one of the diaphragm substrate (310) or the support substrate (302) when pressure (P) applied to the diaphragm (312) is above a first predetermined value (See, e.g., Col. 5, line 37 – Col. 6, line 11; and Note 2 below).
Note 2: The progressive stopper 306, 314 helps prevent overloading of the diaphragm 312. The pressure sensing element 300 senses a pressure P applied to the diaphragm 312. The pressure P pushes the diaphragm 312 to flex down according to a value of the pressure P. Fig. 3A shows a configuration of the pressure sensing element 300 with no pressure applied to the diaphragm 312. Fig. 3B shows that when a value of the pressure P is above a first predetermined (excessive) pressure value P, the diaphragm 312 flexes down, then is supported by the progressive stopper element 306. Thereby, overloading of the diaphragm 312 due to the first excessive pressure value P is prevented. Fig. 3C shows that when a value of the pressure P is above a second predetermined (excessive) pressure value Pi, the diaphragm 312 flexes further down, then is further supported by the progressive stopper element 314. Thereby, overloading of the diaphragm 312 due to the second excessive pressure value Pi is prevented (Col. 5, line 37 – Col. 6, line 11).
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Brown is silent about: an intermediate layer bonded to the support substrate (302); and the diaphragm substrate (310) bonded to the intermediate layer.
AAPA discloses a typical pressure sensing element comprising an intermediate layer (being a sealing glass layer) bonded to a support substrate; and a diaphragm substrate bonded to the intermediate layer, so as to create a gap between the support substrate and the diaphragm substrate. The gap allows a diaphragm of the diaphragm substrate to deform accordingly when a pressure is applied to the diaphragm (See application specification “Background of the Invention” Par. 0002).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply AAPA to Brown pressure sensing element (300) by providing an intermediate layer (which may be a sealing glass layer) bonded to the support substrate (302); and the diaphragm substrate (310) bonded to the intermediate layer, so as to create a gap between the support substrate (302) and the diaphragm substrate (310). The gap would allow the diaphragm (312) of the diaphragm substrate (310) to deform accordingly when a pressure is applied to the diaphragm (312).
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9. Brown as modified teaches the pressure sensing element of claim 1, further comprising:
a plurality of resistors (120) coupled to the diaphragm (312) such that the plurality of resistors (120) may be located between the diaphragm substrate (310) and the support substrate (302);
wherein at least one of the plurality of resistors (120) is circumscribed by the at least one stopper 314 (as is evident from Brown fig. 1A, reproduced herein).
Note 3: As shown in fig. 1A, the plurality of resistors 120 are disposed around the circumference of the diaphragm 312. Hence it appears that the plurality of resistors 120 may be located either above the diaphragm substrate 310, or between the diaphragm substrate 310 and the support substrate 302, without interfering any function of the pressure sensing element.
Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Brown in view of AAPA, and Hugel.
16. Brown teaches a pressure sensor assembly (300), comprising:
a support substrate (302)
a diaphragm substrate (310)
a diaphragm (312) being part of the diaphragm substrate (310)
a plurality of resistors 120 (Fig. 1A) coupled to the diaphragm (312) such that the plurality of resistors (120) may be located between the diaphragm substrate (310) and the support substrate 302 (See discussion above in claim 9, Note 3); and
at least one progressive stopper (306, 314) integrally formed with one of the diaphragm substrate (310) or the support substrate (302);
wherein a first portion (306) of the at least one progressive stopper (306, 314) is in contact with one of the at least one of the diaphragm substrate (310) or the support substrate (302) when pressure (P) applied to the diaphragm (312) is above a first predetermined value, and a second portion (314) of the of the at least one progressive stopper (306, 314) is in contact with the at least one of the diaphragm substrate (310) or the support substrate (302) when pressure (P) applied to the diaphragm (312) is above a second predetermined value (as discussed above in claim 1, Note 2).
Brown is silent about the pressure sensor assembly comprising:
a. a housing having a port;
b. the support substrate (302) located in a cavity in the housing;
c. a sealing glass layer bonded to the support substrate (302), the sealing glass layer located in the cavity in the housing;
d. the diaphragm substrate (310) bonded to the sealing glass layer, the diaphragm substrate (310) located in the cavity in the housing;
e. the diaphragm (312) selectively exposed to fluid pressure in the port.
Hugel teaches a pressure sensor assembly (1) comprising (See fig. 1, reproduced below):
A. a housing (6) having a port (8);
B. a support substrate (2) located in a cavity (7) in the housing (6); and
C. a sealing
D. a diaphragm substrate (4) bonded to the sealing
E. a diaphragm (4) selectively exposed to fluid pressure (P) in the port (8).
As such, the pressure sensor assembly (1) would effectively function as a pressure sensor to sense the fluid pressure (P) of a fluid entering the port (8). In addition, the housing (6) protects electronic components within the pressure sensor assembly (1).
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It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply Hugel teaching to Brown pressure sensor assembly by providing a housing having a port; the support substrate (302) located in a cavity in the housing; a sealing
Brown as modified is silent about: the sealing layer being a sealing glass layer.
AAPA discloses that a typical pressure sensing element comprising a sealing glass layer bonded to a support substrate; and a diaphragm substrate bonded to the sealing glass layer, so as to create a gap between the support substrate and the diaphragm substrate. The gap allows a diaphragm of the diaphragm substrate to deform accordingly when a pressure is applied to the diaphragm (See application specification “Background of the Invention” Par. 0002).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply AAPA to Brown pressure sensing element as modified by having the sealing layer being a sealing glass layer. The sealing glass layer would create a gap between the support substrate (302) and the diaphragm substrate (310). The gap would allow the diaphragm (312) of the diaphragm substrate (310) to deform accordingly when a pressure is applied to the diaphragm (312).
19. Brown as modified teaches the pressure sensor assembly of claim 16, wherein at least one of the plurality of resistors (120) is circumscribed by the at least one progressive stopper 314 (as is evident from Brown figs. 3A-3C and 1A).
Claims 16-18 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Orlowski in view of Hugel, AAPA, and Brown.
16. Orlowski teaches a pressure sensor assembly, comprising (See figs. 4, 5, reproduced again below, showing variants of a “progressive stopper” 2, 10 or 11):
a support substrate (1)
a sealing glass layer 3 (Par. 0013) bonded to the support substrate 1 (as shown at least in fig. 5)
a diaphragm substrate 4 (having a movable electrode 5) bonded to the sealing glass layer 3 (via a progressive stopper 11, as shown at least in fig. 5)
a diaphragm (4) being part of the diaphragm substrate (4)
at least one progressive stopper (2, 10 or 11)
wherein a first portion of the at least one progressive stopper (2, 10 or 11) is in contact with one of the at least one of the diaphragm substrate (4) or the support substrate (1) when pressure (P) applied to the diaphragm (4) is above a first predetermined value, and a second portion of the of the at least one progressive stopper (2, 10 or 11) is in contact with the at least one of the diaphragm substrate (4) or the support substrate (1) when pressure (P) applied to the diaphragm (4) is above a second predetermined value (as is evident from the discussion above in claim 1, Note 1).
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Orlowski is silent about the pressure sensor assembly comprising:
a. a housing having a port;
b. the support substrate (1) located in a cavity in the housing;
c. the sealing glass layer (3) located in the cavity in the housing;
d. the diaphragm substrate (4) located in the cavity in the housing;
e. the diaphragm (4) selectively exposed to fluid pressure in the port;
f. a plurality of resistors coupled to the diaphragm (4) such that the plurality of resistors are located between the diaphragm substrate (4) and the support substrate (1); and
g. the at least one progressive stopper (2, 10 or 11) integrally formed with one of the diaphragm substrate (4) or the support substrate (1).
Hugel teaches a pressure sensor assembly (1) comprising:
A. a housing (6) having a port (8);
B. a support substrate (2) located in a cavity (7) in the housing (6);
C. sealing layer (5) located in the cavity (7) in the housing (6);
D. a diaphragm substrate (4) located in the cavity (7) in the housing (6); and
E. the diaphragm (4) selectively exposed to fluid pressure in the port.
As such, the pressure sensor assembly (1) would effectively function as a pressure sensor to sense a fluid pressure of a fluid entering the port (8). In addition, the housing (6) protects electronic components within the pressure sensor assembly (1).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply Hugel teaching to Orlowski pressure sensor assembly by providing the assembly with a housing having a port; the support substrate (1) located in a cavity in the housing; the sealing glass layer (3) located in the cavity in the housing; the diaphragm substrate (4) located in the cavity in the housing; and the diaphragm (4) selectively exposed to fluid pressure in the port. As such, the pressure sensor assembly would effectively function as a pressure sensor to sense a pressure of a medium entering the port (8) and applying a pressure (P) on the diaphragm substrate (4). In addition, the housing would protect electronic components within the pressure sensor assembly.
Orlowski as modified by Hugel doesn’t teach:
f. a plurality of resistors coupled to the diaphragm (4) such that the plurality of resistors are located between the diaphragm substrate (4) and the support substrate (1); and
g. the at least one progressive stopper (2, 10 or 11) integrally formed with one of the diaphragm substrate (4) or the support substrate (1).
Brown teaches a pressure sensor assembly comprising:
F. a plurality of resistors (120) coupled to a diaphragm (312) such that the plurality of resistors (120) may be located between a diaphragm substrate (310) and a support substrate 302 (as discussed above in claim 9, Note 3).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply Brown teaching to Orlowski pressure sensor assembly as modified by providing the assembly with a plurality of resistors coupled to the diaphragm (4) such that the plurality of resistors are located between the diaphragm substrate (4) and the support substrate (1). As such, the assembly may function as a pressure sensor using the plurality of resistors.
Orlowski as modified by Hugel and Brown is silent about:
g. the at least one progressive stopper (2, 10 or 11) integrally formed with one of the diaphragm substrate (4) or the support substrate (1).
However, it has been held that making a known structure to be integral (or vice versa, to be multiple parts) is an obvious variation, thus unpatentable. In re Larson, 340 F.2d 965, 967, 144 USPQ 347, 349 (CCPA 1965); In re Wolf, 251 F.2d 854, 855, 116 USPQ 443, 444 (CCPA 1958). As for the present case, it appears that the at least one progressive stopper (2, 10 or 11) may be integrally (or otherwise separately) formed with one of the diaphragm substrate (4) or the support substrate (1) without affecting any function of the pressure sensor assembly.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filling date of the present application to the at least one progressive stopper (2, 10 or 11) integrally (or otherwise separately) formed with one of the diaphragm substrate (4) or the support substrate (1), in order to practice Orlowski invention as modified.
17 (essentially equivalent to claim 3).
Orlowski as modified teaches the pressure sensor assembly of claim 16, the at least one progressive stopper further comprising:
a first stopper ring mounted to the diaphragm substrate; and
a second stopper ring mounted to the diaphragm substrate such that the first stopper ring and the second stopper ring are in contact with and adjacent to one another;
wherein the first stopper ring contacts the support substrate when the pressure applied to the diaphragm is above the first predetermined value, and both the first stopper ring and the second stopper ring contact the support substrate when the pressure applied to the diaphragm is above a second predetermined value (as is evident from the discussion above in the 102 rejections, claim 3).
18 (essentially equivalent to claim 8).
Orlowski as modified teaches the pressure sensor assembly of claim 17, wherein the first stopper ring is taller than the second stopper ring (as is evident from the discussion above in the 102 rejections, claim 8).
20 (essentially equivalent to claims 6 and 7).
Orlowski as modified teaches the pressure sensor assembly of claim 16, the at least one progressive stopper further comprising:
a first stopper ring mounted to the diaphragm substrate;
a second stopper ring mounted to the diaphragm substrate such that the second stopper ring is circumscribed by the first stopper ring; and
a third stopper ring mounted to the diaphragm substrate such that the third stopper ring is circumscribed by the second stopper ring;
wherein the first stopper ring contacts the support substrate when the pressure applied to the diaphragm is above the first predetermined value, both the first stopper ring and the second stopper ring contact the support substrate when the pressure applied to the diaphragm is above the second predetermined value, and the first stopper ring, the second stopper ring, and the third stopper ring all contact the support substrate when the pressure applied to the diaphragm is above a third predetermined value (as is obvious from the discussions above in claims 6 and 7).
21 (essentially equivalent to claim 6).
The pressure sensor assembly of claim 20, wherein one of the first stopper ring, the second stopper ring, or the third stopper ring is of a square shape (See the discussion above in claim 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nguyen (Wyn) Q. Ha whose telephone number is (571) 272-2863, email: nguyenq.ha@uspto.gov. The examiner can normally be reached Monday - Friday 8 am - 4:30 pm (Eastern Time).
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/Nguyen Q. Ha/Primary Examiner, Art Unit 2853 January 18, 2026