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 .
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 05/01/2023 and 02/12/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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, 6-8, 10 and 16 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kong et al. (US 20130138384; hereinafter “Kong”; cited in the IDS filed on 02/12/2024).
Regarding claim 1, Kong teaches a gas detector device (Figures 1 and 2a-2c) comprising:
a porous matrix barrier (5a-5c; Figures 1 and 2a; [0090]) disposed between one or more gas sensors (1; Figures 1 and 2a-2c; [0108-0112]) and an environment exterior to the detector device (the porous matrix barrier 5a-5c is positioned between the gas sensor 1 and the external environment through the use of the housing 2; See Figures 1 and 2a-2c), wherein the porous matrix barrier (5a-5c) comprises a coating (5b and 5c; Figures 1 and 2a-2c; [0090]) disposed on a member matrix surface (5a; Figures 1 and 2a-2c), the coating (5b and 5c) imparting at least one of hydrophobic or oleophobic characteristic to the member matrix surface ([0091-0094]).
Regarding claim 2, Kong teaches wherein the porous matrix barrier (5a-5c) is a metal screen ([0097-0098]) or ceramic ([0097-0098]).
Regarding claim 3, Kong teaches wherein the coating (5b and 5c) comprises an organo-fluorine group ([0189, 0191]) and is derived from a mixture of silane, a hydroxysilane, alkoxysilane, an organosilane, or a mixture thereof ([0189, 0191]), and a fluorosilane, an organofluorosilane, or a mixture thereof ([0189, 0191]).
Regarding claim 4, Kong teaches wherein the coating (5b and 5c) comprises an organo-fluorine group ([0189, 0191]),and is derived from a mixture of tetraethoxysilane, hexamethyldisilane, hexamethyldisilazane, hexamethyldisiloxane, or a mixture thereof ([0189, 0191]), and a fluorine containing gas ([0189, 0191]).
Regarding claim 6, the claim subject matter of claim 6 references and further defines the subject matter of "the molecular sieve" of claim 2 that is not required due to the use of the alternative claim language “or” and it is therefore taught by Kong.
Regarding claim 7, Kong teaches wherein the gas sensor (1; Figures 1 and 2a-2c) includes an electrochemical sensor that includes a membrane electrode assembly ([0021, 0108-0110]).
Regarding claim 8, Kong teaches a weather shield (2; Figures 2a-2c).
Regarding claim 10, Kong teaches wherein the porous matrix (5a-5c) has a thickness of 10 micrometers to 5000 micrometers (element 5c has a maximum thickness of 0.01mm, element 5b has a maximum thickness of 0.001mm and element 5a has a maximum thickness of 1mm; [0091, 0099, 0105]).
Regarding claim 16, Kong teaches wherein the gas sensor (1; Figures 1 and 2a-2c) includes an electrochemical sensor that includes a membrane electrode assembly ([0021, 0108-0110]).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kong in view of Dombrowski et al. (US 5,853,800; hereinafter “Dombrowski”).
Regarding claim 5, Kong teaches the coating (5B and 5C) comprising an organo-flourine group ([0189, 0191]).
Kong does not teach the organo-flourine group derived from a compound of formula 1:
CnF2n+1-(CH2)m-SiR1R2R3 Formula 1
Wherein,
R1 is a C1-C5 alkoxy or CnF2n+1-(CH2)m-Si(R2R3)-O-,
R2 and R3 are independently C1-C5 alkyl or C1-C5 alkoxy,
n is 1 to 12, and m is 1 to 6.
However, Dombrowski teaches that is known in the art to have coatings made of the formula 1 stated above (Column 2, Lines 35 – 50 and Column 4, Lines 24-40).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Dombrowski compound implemented as Kong’s coating in order to obtain a water resistant coating that is resistant to chemical and mechanical influences, and has resistance to scratching and elected temperatures (See Dombrowski Column 4, Lines 24-40).
Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kong in view of Meyer (US 20190242841).
Regarding claim 9, Kong teaches the weather shield including a shield member but does not expressly teach the shield member having a surface coating that imparts at least one of hydrophobic or oleophobic characteristic.
However, Meyer teaches that is known in the art to have shield members ([0033-0036]) to have a surface coating ([0033-0036]) that imparts at least one of hydrophobic or oleophobic characteristic ([0033-0036]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Meyer’s surface coating attached to Kong’s shield member in order to increase the hydrophobic or oleophobic characteristics of the gas detector, assuring more protection to the sensor itself (See Meyer [0028, 0081]).
Regarding claim 14, the combination of Kong and Meyer teaches the surface coating but does not expressly teach wherein the surface coating of the shield member comprises an organo-fluorine group and is derived from a mixture of silane, a hydroxysilane, an alkoxysilane, an organosilane, or a mixture thereof, and a fluorosilane, an organofluorosilane, or a mixture thereof.
However, Kong already teaches that is known in the art to use coatings of an organo-fluorine group and is derived from a mixture of silane, a hydroxysilane, an alkoxysilane, an organosilane, or a mixture thereof ([0189, 0191]), and a fluorosilane, an organofluorosilane, or a mixture thereof ([0189, 0191]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Kong’s coating and associated material to be implemented as the material of Kong and Meyer’s surface coating in order to use the same hydrophobic or oleophobic material for the gas sensor rather than using different material, this increased manufacturing efficiency of the gas sensor device.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kong.
Regarding claim 11, Kong teaches the porous matrix having a thickness but does not expressly teach the thickness being greater than 5 millimeters.
However, the Examiner takes the position that one of ordinary skill in the art would have the requisite skill to modify the thickness of the porous matrix, including having a thickness being greater than 5 millimeters, in order to increase the structural shielding of the gas sensor against external forces that might damage the gas sensor.
Furthermore, the courts have ruled that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device and that the configuration of a claimed apparatus was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed apparatus was significant. The original disclosure of the instant application has failed to indicate any criticality when it comes the thickness of the porous barrier.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kong and Meyer in further view of Dombrowski.
Regarding claim 15, the combination of Kong and Meyer teaches the surface coating of the shield member but does not expressly teach the coating being the organo-flourine group derived from a compound of formula 1:
CnF2n+1-(CH2)m-SiR1R2R3 Formula 1
Wherein,
R1 is a C1-C5 alkoxy or CnF2n+1-(CH2)m-Si(R2R3)-O-,
R2 and R3 are independently C1-C5 alkyl or C1-C5 alkoxy,
n is 1 to 12, and m is 1 to 6.
However, Dombrowski teaches that is known in the art to have coatings made of the formula 1 stated above (Column 2, Lines 35 – 50 and Column 4, Lines 24-40).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Dombrowski compound implemented as Kong and Meyer’s surface coating in order to obtain a water resistant coating that is resistant to chemical and mechanical influences, and has resistance to scratching and elected temperatures (See Dombrowski Column 4, Lines 24-40).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kong in view of Schlichte et al. (US 8,632,666; hereinafter “Schlichte”; cited in the IDS filed on 05/01/2023).
Regarding claim 17, Kong teaches the gas sensor but does not expressly teach the gas sensor being a hot catalytic gas sensor element.
However, Schlichte teaches that is known in the art to use hot catalytic gas sensor element as gas sensors (Column 1, Lines 16-27; Column 4, Lines 7-31).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Schlichte’s hot catalytic gas sensor element as Kong’s gas sensor element since catalytic gas sensors are more stable and predictable in sensing combustible/flammable gases compared to semiconductor gases (See Schlichte Column 1, Lines 17-37).
Claim 18 rejected under 35 U.S.C. 103 as being unpatentable over Kong in view of BURGI et al. (EP 3798607; cited in the IDS filed on 05/01/2023; the foreign prior art has been provided to the Examiner by the applicant and the foreign prior art is already in English).
Regarding claim 18, Kong teaches the gas sensor but does not expressly teach the gas sensor being an optical sensor or a thermal conductivity sensor.
However, BURGI teaches that is known in the art to have optical sensors as gas sensors (Abstract; [0002]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have BURGI’s optical sensor implemented as Kong’s gas sensor since optical sensors, such as BURGI’s photoacoustic gas sensor, has higher sensitivity, minimal drift over time and no chemical degradation of sensing element compared to semiconductor gas sensors.
Allowable Subject Matter
Claims 12-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In claim 12, the specific limitations of "wherein the coating comprises silicone nanoparticles derived from one or more compounds of Formula 2
R5Si (R6)n(X1) Formula 2
wherein
R5 is a straight-chain or branched C1-C24 alkyl, a C2-C24 alkenyl group, or a C5-C14 aromatic group, which is linked to the silicon atom by a covalent bond or a C1-C8 straight-chain or branched alkylene linker;
R6 a straight chain or a branched C1-C6 hydrocarbon group;
X1 is a hydrolysable group, and is a halogen or a C1-C6 alkoxy group, and
n is 0 or 1”
in combination with the remaining limitations as claimed are neither anticipated nor made obvious over the prior art made of record.
Claim 13 would also be allowed for depending on claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY W MEGNA FUENTES whose telephone number is (571)272-6456. The examiner can normally be reached M-F: 8AM-4PM.
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/ANTHONY W MEGNA FUENTES/Examiner, Art Unit 2855
/LAURA MARTIN/SPE, Art Unit 2855