DETAILED ACTION
Claims 14 – 20 are canceled.
Claims 21 – 27 are newly added.
Claims 1 – 13 and 21 – 27 are pending in the present application.
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 without traverse of Invention II in the reply filed on 11/14/2025 is acknowledged.
Applicant has amended independent claim 1 to include the circuitry limitations from independent claim 10. Claims 14-20 have been canceled. Claims 21-27 has been added and claim 21 has the general structural and circuitry limitations as in claim 10.
The amended claims (1-13 and 21-27) are considered as consistent with Invention II.
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.
Claims 1-5, 9-13 and 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 20210396694) in view of McBride et al. (US 20220407341; hereinafter McBride).
Regarding claim 1, Smith teaches a measurement device (abstract; see figs. 1A-1E; [0003]) comprising:
a housing ([0033] “device 100 can be seen, including a portable housing”; see fig. 1A), the housing comprising:
a first member (110) and a second member (120), wherein the first member and the second member are attached to one another by a clamping mechanism (130; [0033] “a portable housing that includes a first member 110, a second member 120, a clamping mechanism 130 connecting the first member to the second member”);
a handle mechanism (140; [0033]) connected to the clamping mechanism (see fig. 1A), wherein the clamping mechanism is between the handle mechanism and the first and second members (see fig. 1A showing this configuration), wherein the handle mechanism has a first handle portion arranged over a second handle portion (see fig. 1A with the handle portions indicated as 140a and 140b), and the first handle portion is separated from the second handle portion by a gap (see at least fig. 1A showing this configuration);
a first sensor (at least 165; see also X65 including 765) disposed within one of the first member or the second member (see at least figs. 1D and 7 showing this configuration; see also figs. 2-9 inclusive showing various configurations with the sensor);
a second environmental sensor (at least 105; see also X05 including 705) disposed within or protruding from the housing (see at least figs. 1D and 7 showing this configuration; see also figs. 2-9 inclusive showing various configurations with the additional/separate sensor); and
a circuitry disposed within the housing (see at least fig. 1C showing a schematic view of circuitry in the measurement device/housing) and configured to control operation of the measurement device based on temperature readings from the first sensor and the second environmental sensor ([0037] teaches that the processor may execute “instructions for performing the described functions” of the circuitry/device; see fig. 1C showing flow of the sensor data to the processor).
Smith does not directly and specifically state that the first sensor is an environmental sensor.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors as taught in McBride. This is because having plural environmental/ambient sensors allows for determining environmental conditions (temperatures) in multiple locations as desired. This is important in order to provide more granular environmental data to an end user.
Further, it has been held that mere duplication of the essential working parts of a device (here first and second environmental sensors where the prior art has plural sensors including specific environmental sensors; see cited fig. 1C, element 105 of Smith and cited fig. 3 of McBride, as compared with instant fig. 1E, elements 112/114) involves only routine skill in the art (see MPEP 2144.04 (VI-B)).
Regarding claim 2, Smith does not directly and specifically state that the second environmental sensor protrudes from the second handle portion toward the first handle portion.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11) where the sensors may be external such that “a thermal sensing head or part of the temperature sensor 345 can be located externally relative to the housing or casing” ([0090]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors and the knowledge of externally protruding temperature sensors as taught in McBride. This is because having environmental/ambient sensors extending from a housing/handle/structure allows for determining environmental conditions (temperatures) external to the device in a desired location. This is important in order to provide more accurate environmental data to an end user.
Further, it has been held that rearranging parts of an invention (here specific locations of the environmental sensor(s) – see McBride fig. 3 showing numerous locations are known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 3, Smith teaches that the second environmental sensor is disposed within the housing (see at least figs. 1D and 7).
Smith does not directly and specifically state that the housing comprises openings over the second environmental sensor that expose the second environmental sensor to an exterior of the housing.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11) where the sensors may be external such that “a thermal sensing head or part of the temperature sensor 345 can be located externally relative to the housing or casing” ([0090]), that “one or more temperature sensors 345 located within a separate compartment of the housing or casing 312” ([0089]) and that “the compartments can be provided with one or more vents or venting holes communicating with the environment located externally relative to the housing or casing” ([0089]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors and the knowledge of vented temperature sensors as taught in McBride. This is because having environmental/ambient sensors having openings/vents to the exterior allows for determining environmental conditions (temperatures) external to the device in a desired location. This is important in order to provide more accurate environmental data to an end user.
Regarding claim 4, Smith does not directly and specifically state that the first environmental sensor senses a temperature within the measurement device and the second environmental sensor senses a temperature outside of the measurement device.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11) where the sensors may be external such that “a thermal sensing head or part of the temperature sensor 345 can be located externally relative to the housing or casing” ([0090]), that “one or more temperature sensors 345 located within a separate compartment of the housing or casing 312” ([0089]), that “the compartments can be provided with one or more vents or venting holes communicating with the environment located externally relative to the housing or casing” ([0089]) and that “one or more temperature sensors can be wired to the internal electronic” ([0016]; see also [0097] teaching internal temperature sensing).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors and the knowledge of both sensors for sensing external/ambient temperatures and sensing internal temperatures as taught in McBride. This is because having environmental/ambient sensors having openings/vents to the exterior allows for determining environmental conditions (temperatures) external to the device in a desired location and having internally focused temperature sensors allows for determining a temperature differential (see at least [0098] of McBride). This is important in order to provide more a more accurate understanding of the sources of temperature/heat flows to an end user.
Regarding claim 5, Smith lacks direct and specific statement regarding a printed circuit board (PCB) mounted within the housing; and wherein the first environmental sensor is mounted to the PCB.
However, Smith does disclose circuitry (see fig. 1C) and that the implementation of the circuitry may be with any particular desired circuit form ([0136-137] – processor, DSP, ASIC, FPGA, programable logic, discrete gate or hardware etc.; see also [0025-26])
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the various and well-known circuit implementation types of Smith with implementation with a basic and ubiquitous circuit device such as a PCB. This is because one of ordinary skill in the art would have expected a PCB to be one of several straightforward ways of organizing the circuitry as described because PCBs are well-understood as platforms for circuits.
Regarding claim 9, Smith teaches that a docking station (101), wherein the housing contacts the docking station ([0039]).
Regarding claim 10, Smith teaches a measurement device (abstract; see figs. 1A-1E; [0003]) comprising:
a housing ([0033] “device 100 can be seen, including a portable housing”; see fig. 1A), the housing comprising:
a handle mechanism (140; [0033]) with a first handle portion (140a) separated from a second handle portion (140b) by a gap (see figs. 1A showing such separation);
a set of clamping jaws (see at least fig. 1A);
a first sensor (at least 165; see also X65 including 765) disposed within one of the set of clamping jaws (see at least figs. 1D and 7 showing this configuration); and
a second environmental sensor (at least 105; see also X05 including 705) separated from the first environmental sensor (see at least figs. 1D and 7 showing this separation);
a circuitry disposed within the housing (see at least fig. 1C showing a schematic view of circuitry in the measurement device/housing) configured to:
obtain a first temperature from the first sensor (see at least [0080] “heat sensor element 765 is a thermocouple or other temperature measurement device”);
obtain a second temperature from the second environmental sensor (see at least [0038] regarding 105; see also [0079] “environmental sensor 705 is configured to measure an environmental characteristic, such as temperature”); and
control operation of the measurement device based on the first temperature and the second temperature ([0037] teaches that the processor may execute “instructions for performing the described functions” of the circuitry/device; see fig. 1C showing flow of the temperature sensor data to the processor).
Smith does not directly and specifically state that the first sensor is an environmental sensor.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors as taught in McBride. This is because having plural environmental/ambient sensors allows for determining environmental conditions (temperatures) in multiple locations as desired. This is important in order to provide more granular environmental data to an end user.
Further, it has been held that mere duplication of the essential working parts of a device (here first and second environmental sensors where the prior art has plural sensors including specific environmental sensors; see cited fig. 1C, element 105 of Smith and cited fig. 3 of McBride, as compared with instant fig. 1E, elements 112/114) involves only routine skill in the art (see MPEP 2144.04 (VI-B)).
Regarding claim 11, Smith does not directly and specifically state that the first environmental sensor measures an interior temperature of the housing and wherein the second environmental sensor measures a temperature of ambient air surrounding the housing.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11) where the sensors may be external such that “a thermal sensing head or part of the temperature sensor 345 can be located externally relative to the housing or casing” ([0090]), that “one or more temperature sensors 345 located within a separate compartment of the housing or casing 312” ([0089]), that “the compartments can be provided with one or more vents or venting holes communicating with the environment located externally relative to the housing or casing” ([0089]) and that “one or more temperature sensors can be wired to the internal electronic” ([0016]; see also [0097] teaching internal temperature sensing).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors and the knowledge of both sensors for sensing external/ambient temperatures and sensing internal temperatures as taught in McBride. This is because having environmental/ambient sensors having openings/vents to the exterior allows for determining environmental conditions (temperatures) external to the device in a desired location and having internally focused temperature sensors allows for determining a temperature differential (see at least [0098] of McBride). This is important in order to provide more a more accurate understanding of the sources of temperature/heat flows to an end user.
Regarding claim 12, Smith teaches that the circuitry is further configured to: perform a transient temperature measurement with the second environmental sensor (see at least [0038] regarding 105; see also [0079] “environmental sensor 705 is configured to measure an environmental characteristic, such as temperature”); determine one or more of an amplitude data or frequency data from the transient temperature measurement ([0030]); and control the measurement device based on a deviation of one or more of the amplitude data or the frequency data ([0037] teaches that the processor may execute “instructions for performing the described functions” of the circuitry/device; see fig. 1C showing flow of the temperature sensor data to the processor; see [0030] teaching that the signal data may be amplitude/frequency data).
Regarding claim 13, Smith teaches that the circuitry is further configured to control the measurement device based on temperature variations of the second environmental sensor and whether one or more of the amplitude data or frequency data meets a transient environmental threshold ([0037] teaches that the processor may execute “instructions for performing the described functions” of the circuitry/device; see fig. 1C showing flow of the temperature sensor data to the processor; see [0030] teaching that the signal data may be amplitude/frequency data; see [0082] teaching that threshold temperature(s) is/are compared to for control of the device; see also [0120]).
Regarding claim 21, Smith teaches a measurement device (abstract; see figs. 1A-1E; [0003]) comprising:
a first member (110),
a second member (120), wherein the first and second members are attached to one another by a clamping mechanism (130; [0033] “a portable housing that includes a first member 110, a second member 120, a clamping mechanism 130 connecting the first member to the second member”);
a handle mechanism (140; [0033]) connected to the clamping mechanism (see fig. 1A) wherein the handle mechanism has a first handle portion arranged over a second handle portion (see fig. 1A with the handle portions indicated as 140a and 140b), and the first handle portion is separated from the second handle portion by a gap (see at least fig. 1A showing this configuration);
a first sensor (at least 165; see also X65 including 765) disposed within one of the first member or the second member (see at least figs. 1D and 7 showing this configuration; see also figs. 2-9 inclusive showing various configurations with the sensor);
a second environmental sensor (at least 105; see also X05 including 705) on the handle mechanism (see at least figs. 1D and 7 showing this configuration; see also figs. 2-9 inclusive showing various configurations with the additional/separate sensor); and
a circuitry disposed within one of the first member, the second member, or the handle mechanism (see at least fig. 1C showing a schematic view of circuitry in the measurement device/housing/handle; see also fig. 1B showing that the interface circuitry may be within the handle), wherein the circuitry is configured to:
obtain first and second temperatures respectively from the first sensor and the second environmental sensor (see at least [0080] “heat sensor element 765 is a thermocouple or other temperature measurement device”; see at least [0038] regarding 105; see also [0079] “environmental sensor 705 is configured to measure an environmental characteristic, such as temperature”); and
control operation of the measurement device based on the obtained first and second temperatures ([0037] teaches that the processor may execute “instructions for performing the described functions” of the circuitry/device; see fig. 1C showing flow of the temperature sensor data to the processor).
Smith does not directly and specifically state that the first sensor is an environmental sensor.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors as taught in McBride. This is because having plural environmental/ambient sensors allows for determining environmental conditions (temperatures) in multiple locations as desired. This is important in order to provide more granular environmental data to an end user.
Further, it has been held that mere duplication of the essential working parts of a device (here first and second environmental sensors where the prior art has plural sensors including specific environmental sensors; see cited fig. 1C, element 105 of Smith and cited fig. 3 of McBride, as compared with instant fig. 1E, elements 112/114) involves only routine skill in the art (see MPEP 2144.04 (VI-B)).
Regarding claim 22, Smith does not directly and specifically state that the first environmental sensor senses a temperature within the measurement device and the second environmental sensor senses a temperature outside of the measurement device.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11) where the sensors may be external such that “a thermal sensing head or part of the temperature sensor 345 can be located externally relative to the housing or casing” ([0090]), that “one or more temperature sensors 345 located within a separate compartment of the housing or casing 312” ([0089]), that “the compartments can be provided with one or more vents or venting holes communicating with the environment located externally relative to the housing or casing” ([0089]) and that “one or more temperature sensors can be wired to the internal electronic” ([0016]; see also [0097] teaching internal temperature sensing).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors and the knowledge of both sensors for sensing external/ambient temperatures and sensing internal temperatures as taught in McBride. This is because having environmental/ambient sensors having openings/vents to the exterior allows for determining environmental conditions (temperatures) external to the device in a desired location and having internally focused temperature sensors allows for determining a temperature differential (see at least [0098] of McBride). This is important in order to provide more a more accurate understanding of the sources of temperature/heat flows to an end user.
Regarding claim 23, Smith teaches that the circuitry is further configured to: perform a transient temperature measurement with the second environmental sensor (see at least [0038] regarding 105; see also [0079] “environmental sensor 705 is configured to measure an environmental characteristic, such as temperature”); determine one or more of an amplitude data or frequency data from the transient temperature measurement ([0030]); and control the measurement device based on a deviation of one or more of the amplitude data or frequency data ([0037] teaches that the processor may execute “instructions for performing the described functions” of the circuitry/device; see fig. 1C showing flow of the temperature sensor data to the processor; see [0030] teaching that the signal data may be amplitude/frequency data).
Regarding claim 24, Smith teaches that the circuitry is further configured to control the measurement device based on temperature variations of the second environmental sensor and whether one or more of the amplitude data or frequency data meets a transient environmental threshold ([0037] teaches that the processor may execute “instructions for performing the described functions” of the circuitry/device; see fig. 1C showing flow of the temperature sensor data to the processor; see [0030] teaching that the signal data may be amplitude/frequency data; see [0082] teaching that threshold temperature(s) is/are compared to for control of the device; see also [0120]).
Regarding claim 25, Smith does not directly and specifically state that the second environmental sensor protrudes from the second handle portion toward the first handle portion.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11) where the sensors may be external such that “a thermal sensing head or part of the temperature sensor 345 can be located externally relative to the housing or casing” ([0090]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors and the knowledge of externally protruding temperature sensors as taught in McBride. This is because having environmental/ambient sensors extending from a housing/handle/structure allows for determining environmental conditions (temperatures) external to the device in a desired location. This is important in order to provide more accurate environmental data to an end user.
Further, it has been held that rearranging parts of an invention (here specific locations of the environmental sensor(s) – see McBride fig. 3 showing numerous locations are known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 26, Smith teaches that the second environmental sensor is disposed within the handle mechanism (see at least figs. 1D and 7).
Smith does not directly and specifically state that the handle mechanism comprises openings over the second environmental sensor that expose the second environmental sensor to an exterior of the handle mechanism.
However, McBride teaches a device with clamping jaws having plural ambient temperature sensors (see at least figs. 3, 7 and 11) where the sensors may be external such that “a thermal sensing head or part of the temperature sensor 345 can be located externally relative to the housing or casing” ([0090]), that “one or more temperature sensors 345 located within a separate compartment of the housing or casing 312” ([0089]) and that “the compartments can be provided with one or more vents or venting holes communicating with the environment located externally relative to the housing or casing” ([0089]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the device with plural thermal/temperature/heat sensors of Smith with the specific knowledge of using plural ambient/environmental sensors and the knowledge of vented temperature sensors as taught in McBride. This is because having environmental/ambient sensors having openings/vents to the exterior allows for determining environmental conditions (temperatures) external to the device in a desired location. This is important in order to provide more accurate environmental data to an end user.
Allowable Subject Matter
Claims 6-8 and 27 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.
The following is a statement of reasons for the indication of allowable subject matter:
The best prior art of record Smith (US 20210396694) and McBride et al. (US 20220407341), fail to specifically teach the invention as claimed. The limitations regarding a measurement device in independent claims 1 (for claims 6-8) and 21 (for claim 27) when combined with the specific limitations regarding a flexible circuit board (claim 6) / regarding the first and second thermal mass in dependent claims 6 and 27 respectively (see also claim 8 with thermal mass limitations – please note that claim 8 depends from claim 6) as well as all of the limitations of the base claim and any intervening claims distinguish the present invention from the combined prior art.
Hence the prior art of record fails to teach the invention as set forth in claims 1-8 and 27. The examiner cannot find specific teaching of the invention, nor reasons within the cited art to combine the elements of these references other than applicant’s own reasoning to fully encompass the current pending claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/NATHANIEL T WOODWARD/ Primary Examiner, Art Unit 2855