DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 3, 5, 7, 8, 11, 14, 15, 18, and 19 are objected to because of the following informalities:
In claim 3, “region” should be changed to --area-- in line 2.
In claim 5, “total” should be changed to --entire-- in line 2.
In claim 7, “the outer” should be changed to --an outer-- in line 3; and “sensor” should be changed to --sensing-- in the last line.
In claim 8, “by the” should be changed to --by an-- in line 2.
In claim 11, “the outer” should be hanged to --an outer-- in line 4; “0,1” and “0,03” should be changed to --0.1-- and --0.03--, respectively, in line 6; “large, or” should be changed to --larger or-- in line 6; and “the outer” should be changed to --an outer-- in line 6.
In claim 14, “this passage” should be changed to --the passage-- in line 2; “proximal end” should be changed to --connecting piece-- in line 5; and “the intermediate” should be changed to --an intermediate-- in the last line.
In claim 15, “tube, which” should be changed to --tube and-- in line 2 (the claim appears to state that the support tube is connected to the intermediate section instead of the test bore).
In claim 18, --first-- should be added before “sensing” in line 6.
In claim 19, “and” should be deleted from line 7; and --the-- should be added after “between” in line 9.
Appropriate correction is required.
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.
Claims 13 and 20 are 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 13, it is not clear if all of the screw connection, solder joint, vacuum brazed joint, and welded joints are used together at the same time, as stated by the ‘and’ in “and/or” in lines 3-5.
In claim 20, it is not clear how the first and second solder reservoirs are arranged where they are both at “one new facing the distal end,” as recite in line 3, because intervening claim 19 states that the reservoirs are at each end.
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, 2, 5, 12, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 3,539,400 to Pustell.
Referring to claim 1, Pustell discloses a temperature sensor (figure 1; column 2, line 52-colun 3, line 1; column 3, lines 34-43) comprising:
a support tube (22) with a distal end having a first distal opening (area about 24), with a proximal end having a first proximal opening (area about 26) and with a first channel which extends between the first distal opening and the first proximal opening (figure 1); and
a first sensing clement (12), which is inserted through the first proximal opening into the first channel and passes through it so that a measuring tip of the first sensing element (12) passes through the first distal opening (area about 24) and protrudes beyond the distal end (area about 24) of the support tube (22), at least in sections (figure 1),
wherein the support tube (22) has a first fastening area (e.g., area about 24) on or near the distal end, as well as a second fastening area (e.g., area about 26) on or near the proximal end (figure 1), and
wherein the first sensing element (12) is directly or indirectly tightly sealed to the support tube (22) by solder joints (24, 26) on the first and second fastening areas (column 3, lines 34-43).
Referring to claim 2, Pustell discloses (figure 1) that an intermediate section of the first channel extends between the first and second fastening areas (areas around 24, 26), wherein along the intermediate section, the support tube (22) and the first sensing element (12) are not connected (figure 1) (separated by 20).
Referring to claim 5, Pustell discloses (figure 1) that the solder joints (24, 26) extend at least substantially over the entire length of the first fastening area and/or over the total length of the second fastening area (the first and second fastening areas are the areas where the solder joints are located).
Referring to claim 12, Pustell discloses (figure 1) that the proximal end of the support tube (22) is connected (by 12) to a connecting piece (14) or includes the connecting piece (figure 1).
Referring to claim 18, Pustell discloses a method of producing the temperature sensor according to claim 1, as stated above (figure 1; column 2, line 52-colun 3, line 1; column 3, lines 34-43), the method comprising:
providing a support tube (22) with a distal end having a first distal opening (area about 24), with a proximal end having a first proximal opening (area about 26) and with a first channel, which extends between the first distal opening and the first proximal opening (figure 1),
inserting a sensing element (12) into the first channel through the first proximal opening (area about 26) so that the first sensing element (12) passes through the first channel and a measuring tip of the first sensing element (12) passes through the first distal opening and protrudes beyond the distal end (area about 24) of the support tube (22), at least in sections, wherein a first fastening area (area about 24) is located on or near the distal end and a second fastening area (area about 26) is located on or near the proximal end, and
producing solder joints (24, 26) between the support tube (22) and the first sensing element (12) on the first and second fastening areas (column 3, lines 34-43).
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.
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 3 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Pustell.
Referring to claim 3, Pustell discloses a sensor having all of the limitations of claim 3, as stated above with respect to claim 1, but is silent as to the type of solder joints being used, thereby not explicitly disclosing that the solder joint on the first fastening area and/or the solder joint on the second fastening region are a vacuum brazed joint produced with a flux-free solder.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a vacuum brazed joint produced with a flux-free solder as the solder joint on the first fastening area and/or the solder joint on the second fastening region of Pustell in order to provide a proper solder for a particularly encountered environment to seal the temperature sensor, which Pustell suggests is desirable; and since the use of the particular type of solder joint claimed by the applicants is considered to be nothing more than a choice of engineering skill, choice, or design, because the use of the particular solder joint claimed by the applicants is considered to be the use of numerous and known alternate types of solder joints that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide using routine experimentation in order to provide a solder joint as already suggested by Pustell.
Referring to claim 21, Pustell discloses a method having all of the limitations of claim 21, as stated above with respect to claim 18, but is silent as to the manner of producing the solder joints, thereby not explicitly disclosing that the solder joints are produced as vacuum brazed joints in a soldering process or as a vacuum brazing process.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to produce the solder joints of Pustell by producing a vacuum brazed joint in a soldering process or a vacuum brazing process in order to provide a proper solder for a particularly encountered environment to seal the temperature sensor, which Pustell suggests is desirable; and since the manner of producing the particular type of solder joint claimed by the applicants is considered to be nothing more than a choice of engineering skill, choice, or design, because the manner of producing the particular solder joint claimed by the applicants is considered to be the use of numerous and known alternate manners of producing solder joints that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide using routine experimentation in order to provide a solder joint as already suggested by Pustell.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Pustell in view of DE3811825 to Koertvelyessy (see the attached translation).
Referring to claim 16, Pustell discloses a sensor having all of the limitations of claim 16, as stated above with respect to claim 1, but does not disclose that the support tube also comprises at least a second distal opening on the distal end; at least a second proximal opening on the proximal end; at least a second channel, which extends between the second distal opening and the second proximal opening; and at least a second sensing element, wherein the second sensing element is inserted through the second proximal opening into the second channel and passes through it so that a measuring tip of the second sensing element passes through the second distal opening and protrudes beyond the distal end of the support tube, at least in sections, wherein the support tube has a third fastening area on or near the distal end and has a fourth fastening area on or near the proximal end, and wherein the second sensing element is directly or indirectly tightly sealed to the support tube by solder joints on the third and fourth fastening areas.
However, Koertvelyessy discloses (figure 2; paragraphs 17-21) that it is desirable to provide a temperature sensor with a housing (4) having two openings each housing a sensing element (1) that is inserted through a corresponding opening so that a measuring tip of each sensing element passes through a second distal opening and protrudes beyond the distal end of a support tube in order to provide more stability.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pustell by providing at least a second distal opening on the distal end; at least a second proximal opening on the proximal end; at least a second channel, which extends between the second distal opening and the second proximal opening; and at least a second sensing element, wherein the second sensing element is inserted through the second proximal opening into the second channel and passes through it so that a measuring tip of the second sensing element passes through the second distal opening and protrudes beyond the distal end of the support tube, at least in sections, wherein the support tube has a third fastening area on or near the distal end and has a fourth fastening area on or near the proximal end, and wherein the second sensing element is directly or indirectly tightly sealed to the support tube by solder joints on the third and fourth fastening areas (a second of the elements of claim 1), as suggested by Koertvelyessy, in order to provide more stability; and since it has been held that the mere duplication of the essential working parts of a device involves only routine skill in the art. See St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Referring to claim 17, Pustell in view Koertvelyessy disclose a sensor having all of the limitations of claim 17, as stated above with respect to claim 16, wherein, in Pustell in view Koertvelyessy the second intermediate section of the second channel will extend between the third and fourth fastening areas, and the support tube and the second sensing element will not be connected along the second intermediate section.
Allowable Subject Matter
Claims 4, 6-11, 13-15, 19, and 20 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, and rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and the objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A temperature sensor, wherein the intermediate section is evacuated (claim 4); wherein a first solder reservoir is arranged at one end of the first section (claim 6); wherein at least one of the fastening areas comprises a second section of the first channel and a connecting sleeve, wherein the connecting sleeve encloses the first sensing element in a defined manner, and wherein the second section of the first channel encloses the connecting sleeve in a defined manner and a second solder reservoir is located at one end of the second section (claim 10); wherein the support tube is integrally connected to the connecting piece, or wherein the connecting piece has a passage and the proximal end of the support tube is disposed in or on the passage and is connected to the connecting piece by a screw connection and/or a solder joint and/or a vacuum brazed joint and/or one or more welded joints (claim 13); wherein the connecting piece has a passage and the proximal end of the support tube is arranged in or on this passage and is connected to the connecting piece by welded joints on both sides of the passage, wherein the connecting piece has a test bore extending from one side of the connecting piece, facing away from the distal end of the support tube into a space formed between the passage of the proximal end and the welded joints, or a test bore is formed on the proximal end of the support tube, which is connected to the intermediate section, and wherein the connecting piece has access to the test bore (claim 14); wherein a test bore is formed on the proximal end of the support tube, which is connected to the intermediate section (claim 15); and wherein a first solder reservoir is arranged at one end of the first section, wherein the second fastening area comprises a second section of the first channel and a connecting sleeve, wherein the connecting sleeve encloses the first sensing element in a defined manner and the second section encloses the connecting sleeve in a defined manner, and wherein a second solder reservoir is arranged at one end of the second section (claim 19).
Conclusion
The references made of record and not relied upon by the examiner are considered pertinent to applicant's disclosure by disclosing a temperature sensor structure, but do not disclose the allowable subject matter stated above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
3/13/26