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 statement (IDS) submitted on 08/15/2023 is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 11, the limitation of “ the distal part of the Z-shaped sensor body is parallel to the first end and set a t a distance from it” seems unclear. While the specification discloses “the temperature sensor elements are set radially at a distance” in page 3, the specification does not provide clear enough information about this limitation. The examiner will view this as a Z - shaped sensor body.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 10, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over CN 106979829 A – Shen in view of US 9360380 B2 - Tonina.
Regarding claim 1 and 10, Shen is directed toward a multi-path temperature detector applied to continuous stirring kettle. Shen does teach a temperature sensor ([0010] a temperature sensor (3)), a wireless transmitter ([0010] a wireless communication module (6)), a sensor element setup connected to the wireless transmitter comprising at least two temperature sensor elements (Figure 1, element 3. it is shown that in each section of the stirring shaft there is one temperature sensor.), a sensor body for the sensor element setup, mountable to the mixing tool so that at least the temperature sensor elements are set radially at a distance from the rotation axle of the mixer tool (Figure 1, [0020] By mounting the blades and temperature sensor radially on the stirring shaft), measuring the temperature within the vessel at least at two points set radially at a distance from the rotation axle of the mixer tool (Figure 1, [0020] By mounting the blades and temperature sensor radially on the stirring shaft [0030] a multi-point temperature detection method must be adopted. However, the main problem with multi-point temperature measurement is that the temperature sensors placed inside the fermenter can collide with the moving agitator.).
Shen does not expressly teach the temperature sensors at different distances from the bottom of the vessel. Although there is at least three sensors it is unclear in which direction the sensors are positioned.
Tonina is directed towards an apparatus for monitoring waterbed environment using temperature measurements. Tonina does teach the temperature sensors at different distances from the bottom of the vessel (Figure 25-27, [Col. 25 Ln.36-61]).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the temperature sensors at different distances from the bottom of the vessel by Tonina in the system of Shen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the temperature sensors at different distances from the bottom of the vessel of Tonina could be predictably used in a variety of systems, including the well-known system of Shen in a manner which would have predictably give a more accurate measurement then having just one measurement at one level. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the temperature sensors at different distances from the bottom of the vessel of Tonina with the well-known system of Shen.
Regarding claim 2, Shen does teach the limitations of claim 1. Shen does teach the temperature measurement is used to control the heating and/or cooling of the vessel ([0004] The fermentation temperature control process adopts a closed-loop control method. During the control process, the control output needs to be calculated based on the temperature measurement value. Therefore, the prerequisite for precise control of fermentation temperature is accurate measurement of the fermentation material temperature.).
Regarding claim 3, Shen does teach the limitations of claim 2. Shen does teach the temperature measurement is used to control the heating and/or cooling of the vessel in at least two zones (Figure 1, [0004] The fermentation temperature control process adopts a closed-loop control method. During the control process, the control output needs to be calculated based on the temperature measurement value. Therefore, the prerequisite for precise control of fermentation temperature is accurate measurement of the fermentation material temperature.).
Regarding claim 4, Shen does teach the limitations of claim 1. Shen does not expressly teach the temperature is measured at three points on different distances from the bottom of the vessel.
Tonina does teach the temperature is measured at three points on different distances from the bottom of the vessel (Figure 25-27, elements 14, 16, and 18).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the temperature sensors at different distances from the bottom of the vessel by Tonina in the system of Shen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the temperature sensors at different distances from the bottom of the vessel of Tonina could be predictably used in a variety of systems, including the well-known system of Shen in a manner which would have predictably give a more accurate measurement then having just one measurement at one level. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the temperature sensors at different distances from the bottom of the vessel of Tonina with the well-known system of Shen.
Regarding claim 12, Shen does teach the limitations of claim 10. Shen does not expressly teach the temperature is measured at three points on different distances from the bottom of the vessel.
Tonina does teach the temperature is measured at three points on different distances from the bottom of the vessel (Figure 25-27, elements 14, 16, and 18).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the temperature sensors at different distances from the bottom of the vessel by Tonina in the system of Shen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the temperature sensors at different distances from the bottom of the vessel of Tonina could be predictably used in a variety of systems, including the well-known system of Shen in a manner which would have predictably give a more accurate measurement then having just one measurement at one level. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the temperature sensors at different distances from the bottom of the vessel of Tonina with the well-known system of Shen.
Regarding claim 13, Shen and Tonina does teach the limitations of claim 12. Shen does teach the temperature measurement elements are placed on the distal part of the sensor body spaced apart from each other (Figure 1, element 3. it is shown that in each section of the stirring shaft there is one temperature sensor.).
Claims 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over CN 106979829 A – Shen in view of US 20180368622 A1 – Thomas and US 9360380 B2 - Tonina.
Regarding claim 5, Shen does teach a wireless transmitter ([0010] a wireless communication module (6)), a sensor element setup connected to the wireless transmitter, comprising at least two temperature sensor elements, and a sensor body for the sensor element setup, mountable to the mixer tool (Figure 1, element 3. it is shown that in each section of the stirring shaft there is one temperature sensor.), so that at least the temperature sensor elements are set radially at a distance from the rotation axle of the mixer tool (Figure 1, [0020] By mounting the blades and temperature sensor radially on the stirring shaft)
Shen does not expressly teach sensors on different distances from the bottom of the vessel and a heat able vessel formed by a bottom and a wall, a mixer tool, mounted in the vessel and having a rotation axle, in the middle of the vessel.
Tonina does teach the temperature sensors at different distances from the bottom of the vessel (Figure 25-27, [Col. 25 Ln.36-61]).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the temperature sensors at different distances from the bottom of the vessel by Tonina in the system of Shen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the temperature sensors at different distances from the bottom of the vessel of Tonina could be predictably used in a variety of systems, including the well-known system of Shen in a manner which would have predictably give a more accurate measurement then having just one measurement at one level. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the temperature sensors at different distances from the bottom of the vessel of Tonina with the well-known system of Shen.
Thomas is directed towards an kitchen appliance. Thomas does teach a heatable vessel formed by a bottom and a wall ([0041] The base 121 includes a heating means (not shown) for heating the bowl 110), a mixer tool, mounted in the vessel and having a rotation axle, in the middle of the vessel ([0065] In the description above the sensors are placed on attachments that rotate relative to the stand mixer 100, such as beater 140).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to a heat able vessel formed by a bottom and a wall, a mixer tool, mounted in the vessel and having a rotation axle, in the middle of the vessel by Thomas in the system of Shen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that a heat able vessel formed by a bottom and a wall, a mixer tool, mounted in the vessel and having a rotation axle, in the middle of the vessel of Thomas could be predictably used in a variety of systems, including the well-known system of Shen in a manner which would have predictably house the material that is to be mixed and heated. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using a heat able vessel formed by a bottom and a wall, a mixer tool, mounted in the vessel and having a rotation axle, in the middle of the vessel of Thomas with the well-known system of Shen.
Regarding claim 6, Shen, Tonina and Thomas does teach the limitations of claim 5. Shen does teach a process control unit for controlling at least heating of the kettle and connected wirelessly to the temperature sensor ([0026] This invention provides a multi-channel temperature detector for use in a continuous stirred tank, as shown in Figure 1, which includes a multi-channel temperature detection module and a temperature control module.).
Regarding claim 7, Shen, Tonina and Thomas does teach the limitations of claim 5. Shen does not expressly teach the temperature sensor comprises three temperature measurement elements.
Tonina does teach the temperature is measured at three points on different distances from the bottom of the vessel (Figure 25-27, elements 14, 16, and 18).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the temperature sensors at different distances from the bottom of the vessel by Tonina in the system of Shen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the temperature sensors at different distances from the bottom of the vessel of Tonina could be predictably used in a variety of systems, including the well-known system of Shen in a manner which would have predictably give a more accurate measurement then having just one measurement at one level. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the temperature sensors at different distances from the bottom of the vessel of Tonina with the well-known system of Shen.
Regarding claim 8, Shen, Tonina and Thomas does teach the limitations of claim 5. Shen does teach the mixer tool comprises a sensor mount and at least one mounting hole on at least one mixing blade for the sensor body ([0010] a temperature sensor (3) and figure 1 shows a mount at the base of the sensor stem.).
Regarding claim 9, Shen, Tonina and Thomas does teach the limitations of claim 5. Shen does teach the mixer tool comprises a sensor mount and at least one mounting hole on at least one mixing blade for the sensor body ([0010] a temperature sensor (3) and figure 1 shows a mount at the base of the sensor stem.).
Shen does not expressly teach a removal groove made on a top bar of the mixer tool and aligned with the at least one mounting hole.
Thomas does teach a removal groove made on a top bar of the mixer tool and aligned with the at least one mounting hole (Figure 3A. and [0052] The seal 114, frame 113 and sensor 112 are received in an aperture 144 molded in the body 142.).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to Thomas does teach a removal groove made on a top bar of the mixer tool and aligned with the at least one mounting hole by Thomas in the system of Shen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that does teach a removal groove made on a top bar of the mixer tool and aligned with the at least one mounting hole of Thomas could be predictably used in a variety of systems, including the well-known system of Shen in a manner which would have predictably allow the sensor to be removed and mounted by the user.. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using a removal groove made on a top bar of the mixer tool and aligned with the at least one mounting hole of Thomas with the well-known system of Shen.
Claims 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over CN 106979829 A – Shen and US 9360380 B2 - Tonina as applied to claim 10 above, and further in view of US 20190033141 A1 - Costello.
Regarding claim 11, Shen and Tonina does teach the limitations of claim 10. Shen does not expressly teach a casing and a sensor body having a shape of a Z.
Costello is directed towards an sensor with integral vortex tubes for warming. Costello does teach a casing and a sensor body having any type of shape ([0035] The sensor body 202 may have any shape.), since it has been held by the courts that a change in shape or configuration, without any criticality in operation of the device, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Costello.
Person having ordinary skill in the art (PHOSITA) would have understood that a casing and a sensor body having any type of shape of Costello could be predictably used in a variety of systems, including the well-known system of Shen in a manner which would have predictably fit any configuration that is needed for the temperature sensor. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using a casing and a sensor body having any type of shape of Costello with the well-known system of Shen.
Regarding claim 14, Shen and Tonina does teach the limitations of claim 10. Shen does not expressly teach the sensor body is a metal tube.
Costello does teach the sensor body is a metal tube ([0036] The sensor body 202 may be constructed of any material. Examples of the material may include metal, metal alloy, ceramic, and/or ceramic matrix composite.).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to *** by Costello in the system of Shen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the sensor body is a metal tube of Costello could be predictably used in a variety of systems, including the well-known system of Shen in a manner which would have predictably protect the sensor from the heated areas. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the sensor body is a metal tube of Costello with the well-known system of Shen.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH BRIAN ASSANTE whose telephone number is (571)272-5853. The examiner can normally be reached M-F 7:30 am - 4:30 pm EST.
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/KEITH BRIAN ASSANTE/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761