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 .
Response to Arguments
The objection to the title is withdrawn. The Examiner thanks Applicant for the more detailed title as it increases its informative value in indexing, classifying, searching, etc.
The interpretation of the bonding member and arithmetic unit are still interpreted under 35 U.S.C. § 112(f). The other elements are no longer interpreted as means-for. It is noted that the arithmetic unit is amended to include the term "processor." This term is not found to be structure or sufficient structure. The term is not used in the disclosure. No evidence is before the Examiner that it is the name for structure for performing the claimed function. "[T]here is no categorical rule regarding whether the term “processor” connotes sufficient structure to avoid interpretation in means-plus-function format." WSOU Investments LLC v. Google LLC, Nos. 2022-1063, 2022-1065 (Fed. Cir. 2023) (page 8).
Applicant’s arguments with respect to Seidel and Berg have been considered but are moot because the new ground of rejection does not rely on them.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
bonding member (i.e., member for bonding) in claims 9 and 10,
arithmetic unit in claim 8 and 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-3 and 5-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zerwekh (US 2007/0006663).
Zerwekh shows:
1. An optical sensor (e.g. Figs. 1, 12), comprising:
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a metal base formed into a cylindrical shape (Para. [0059]: "Suitable materials for tube 12 include metal");
an optical waveguide (Para. [0046]: "fiber 22") inserted into the base (Para. [0046]: "fiber 22 is inserted into cavity 20 at first end 14"); and
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a sensor head (Para. [0058]: reflecting fiber 26 and cap 48; Para. [0074]: capillary tube 68 and second reflective surface 30) that is bonded (34, 72) to the base and is optically connected to the optical waveguide ("reflecting"), the sensor head comprising a distal head formed from monocrystalline alumina (Para. [0056]:"Suitable temperature sensitive materials include, but are not limited to…sapphire"),
wherein the base comprises a fitting (Para. [0046]: "cavity 20"), said fitting having a cylindrical shape (Para. [0059]: "tube") into which the sensor head is inserted,
the sensor head comprises a proximal end (28) formed into a columnar shape ("reflecting fiber 26" is a fiber and thus has a columnar shape), the proximal end (28) of the sensor head being inserted into the fitting, and
a circumferential surface of the proximal end of the sensor head is bonded to the fitting (Para. [0050]: "reflective fiber 26 can be attached to tube 12 at second end 16 by one or more second bonds 34"), and the distal head of the sensor head is not inserted into the fitting and projects outwardly away from the fitting (See Figs. 1, 12).
2. The optical sensor according to claim 1, wherein the distal head is provided with a cavity (20, also along the length of fiber 26, and between reflecting surfaces of cap 48) having a first reflection surface on which a portion of light introduced from the optical waveguide is reflected and a second reflection surface on which a portion of the light introduced from the optical waveguide is reflected (Para. [0051]-[0052]:"First reflected light 38," "second reflected light portion 40," "third reflected light portion 44," "fourth reflected light portion 46")., the first reflection surface being provided opposite to the second reflection surface, and interference light obtained by interference between the light reflected on the first reflection surface and the light reflected on the second reflection surface is output from the cavity to the optical waveguide (Para. [0053]:"the reflected light portions 38, 40, 44 and 46 produce an interferometric signal").
3. (Original) The optical sensor according to claim 2, wherein a distance between the first reflection surface and the second reflection surface depends on pressure of a target fluid (Para. [0053]: "The reflected light portions 38, 40, 44 and 46 produce an interferometric signal, which can be processed to yield the measured properties, e.g., pressure").
5. The optical sensor according to claim 1, wherein the base comprises a support (12), said support being formed into a cylindrical shape and supporting the sensor head.
6. The optical sensor according to claim 5, wherein the support is bonded to the sensor head via a welding member (Para. [0050]:"Suitable methods for forming the first and second bonds 32 and 34 include conductive heating, arc welding, laser welding").
7. The optical sensor according to claim 1,
wherein the base (tube 12) comprises a base body (main/center section of tube 12) into which the optical waveguide is inserted and a connector (proximal end of tube 12) extending from the base body, and the fitting (distal end of tube 12) is provided at a side close to a distal end of the connector,
the connector is formed into a cylindrical shape along an outer circumference of the base body ("tube" is cylindrical),
the base body, the connector, the fitting, and the sensor head define a space, and
the connector (outer diameter of the tube) is larger in thickness than the fitting (inner diameter of the tube), and an inner circumferential surface of the connector exposed to the space has a curved shape.
8. A physical quantity measuring device, comprising:
a light source (Para. [0051]: "light from a light source");
an optical sensor comprising: a metal base formed into a cylindrical shape; an optical waveguide that is optically connected to the light source and is inserted into the base; and a sensor head that is bonded to an end of the base and is optically connected to the optical waveguide, the sensor head comprising a head portion distal head formed from monocrystalline alumina (see citations given for claim 1 above);
a light detector (not shown but inherent in order to detect the interference signal and disclosed in the patent discussed at para. [0053]: "an interferometric signal, which can be processed …An example of such interferometric signal is disclosed in U.S. Pat. No. 6,671,055 B1") configured to detect an interference signal from interference light output from the optical sensor; and
an arithmetic unit (inherent and disclosed in the patent; Para. [0053]:"The reflected light portions 38, 40, 44 and 46 produce an interferometric signal, which can be processed to yield the measured properties, e.g., pressure and temperature,")configured to calculate a physical quantity of a target fluid from the interference signal detected by the light detector, the arithmetic unit being configured as a processor,
wherein the base comprises a fitting formed into a cylindrical shape into which the sensor head is inserted (see citations given for claim 1 above),
the sensor head comprises a proximal end formed into a columnar shape, the proximal end of the sensor head being inserted into the fitting (see citations given for claim 1 above), and
a circumferential surface of the proximal end of the sensor head is bonded to the fitting portion fitting, and the distal head of the sensor head is not inserted into the fitting and projects outwardly away from the fitting (see citations given for claim 1 above).
9. The optical sensor according to claim 1, further comprising a bonding member, said bonding member being disposed on an outer circumferential surface of the proximal end of the sensor head and serving to connect the proximal end of the sensor head to the fitting (Para. [0050]: "reflective fiber 26 can be attached to tube 12 at second end 16 by one or more second bonds 34").
10. The physical quantity measuring device according to claim 8, further comprising a bonding member, said bonding member being disposed on an outer circumferential surface of the proximal end of the sensor head and serving to connect the proximal end of the sensor head to the fitting (Para. [0050]: "reflective fiber 26 can be attached to tube 12 at second end 16 by one or more second bonds 34").
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(s) 1-3 and 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 1699933).
Liu shows:
1. An optical sensor, comprising:
a ("cylindrical shell 1");
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an optical waveguide inserted into the base ("optical fibre 5"); and
a sensor head ("tubular connector 2, an elastic buffer 3, a constant circular elastic sheet 4, sealed buffer chamber 7, stress balancer 11") that is bonded to the base and is optically connected to the optical waveguide, the sensor head comprising a distal head formed from monocrystalline alumina ("constant elastic sheet 4 can be made of…sapphire material,"),
wherein the base comprises a fitting ("the bottom end face of the drum-like housing 1"), said fitting having a cylindrical shape ("drum-like") into which the sensor head is inserted,
the sensor head comprises a proximal end formed into a columnar shape ("the stress balancer 11 the bottom end"), the proximal end of the sensor head being inserted into the fitting, and
a circumferential surface of the proximal end of the sensor head is bonded to the fitting ("tubular outer connector 2 is a hollow, outside is convex-shaped cylindrical, one end with bigger outer diameter is set in the cylinder-shaped housing 1 inside the upper end and connected with the inner wall sealing of the drum-like housing 1."), and the distal head of the sensor head is not inserted into the fitting and projects outwardly away from the fitting ("the tubular connector 2 with bigger outer diameter at one end of the port. other end of the tubular outer connector 2 can be used for connecting external storage container.").
Liu does not explicitly state what material the base is made of, and in particular, a metal. Berg shows an optical sensor wherein the optical waveguide is placed in a protective tube made of metal (para. [0049]).
Before the effective filing date of the claimed invention, it would have been obvious to use metal for the base of Seidel in order to protect the optical fiber sensor head.
2. The optical sensor according to claim 1, wherein the distal head is provided with a cavity having a first reflection surface on which a portion of light introduced from the optical waveguide is reflected and a second reflection surface on which a portion of the light introduced from the optical waveguide is reflected ("a change transmitted to the constant elastic piece 4 through the hydraulic oil in the buffer chamber 7, caused by the constant elastic deformation of sheet 4, then the optical fibre incident and then reflected to the optical fibre end to the constant of the reflecting light on the elastomer surface of the energy will be changed,")., the first reflection surface being provided opposite to the second reflection surface, and interference light obtained by interference between the light reflected on the first reflection surface and the light reflected on the second reflection surface is output from the cavity to the optical waveguide ("the input signal is transmitted by the optical fibre to output the signal of the interference").
3. The optical sensor according to claim 2, wherein a distance between the first reflection surface and the second reflection surface depends on pressure of a target fluid ("the sensor of the permanent elastic sheet will be outside of the pressure deformed,").
5. The optical sensor according to claim 1, wherein the base comprises a support (inside of tubular connector 2), said support being formed into a cylindrical shape and supporting the sensor head.
6. The optical sensor according to claim 5, wherein the support is bonded to the sensor head via a welding member (Official notice is taken that welding was well known. Before the effective filing date of the claimed invention, it would have been obvious to weld the support to the sensor in order to maintain their positional relationship).
7. The optical sensor according to claim 1,
wherein the base ("cylindrical shell 1") comprises a base body (main/center section) into which the optical waveguide is inserted and a connector (proximal end of cylindrical shell 1) extending from the base body, and the fitting (distal end of cylindrical shell 1) is provided at a side close to a distal end of the connector,
the connector is formed into a cylindrical shape along an outer circumference of the base body (tubular connector 2 with stress balancer 11 is cylindrical),
the base body, the connector, the fitting, and the sensor head define a space, and
the connector (outer diameter of the cylindrical shell) is larger in thickness than the fitting (inner diameter of the cylindrical shell), and an inner circumferential surface of the connector exposed to the space has a curved shape.
8. A physical quantity measuring device, comprising:
a light source (inherent: "Because the invention by measuring the change of the light intensity");
an optical sensor comprising: a metal base formed into a cylindrical shape; an optical waveguide that is optically connected to the light source and is inserted into the base; and a sensor head that is bonded to an end of the base and is optically connected to the optical waveguide, the sensor head comprising a head portion distal head formed from monocrystalline alumina (see citations given for claim 1 above);
a light detector (inherent: "Because the invention by measuring the change of the light intensity") configured to detect an interference signal from interference light output from the optical sensor ("the input signal is transmitted by the optical fibre to output the signal of the interference"); and
an arithmetic unit ("network data measurement collecting system") configured to calculate a physical quantity of a target fluid from the interference signal detected by the light detector, the arithmetic unit being configured as a processor,
wherein the base comprises a fitting formed into a cylindrical shape into which the sensor head is inserted (see citations given for claim 1 above),
the sensor head comprises a proximal end formed into a columnar shape, the proximal end of the sensor head being inserted into the fitting (see citations given for claim 1 above), and
a circumferential surface of the proximal end of the sensor head is bonded to the fitting portion fitting, and the distal head of the sensor head is not inserted into the fitting and projects outwardly away from the fitting (see citations given for claim 1 above).
9. The optical sensor according to claim 1, further comprising a bonding member, said bonding member being disposed on an outer circumferential surface of the proximal end of the sensor head and serving to connect the proximal end of the sensor head to the fitting (see discussion for claim 6 above).
10. The physical quantity measuring device according to claim 8, further comprising a bonding member, said bonding member being disposed on an outer circumferential surface of the proximal end of the sensor head and serving to connect the proximal end of the sensor head to the fitting (see discussion for claim 6 above).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hwa Andrew S Lee whose telephone number is (571)272-2419. The examiner can normally be reached Mon-Fri 9am-5:30pm.
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/Hwa Andrew Lee/Primary Examiner, Art Unit 2877