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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01-05-2026 has been entered.
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 1-2, 6-9, 11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Coffman et al. (U.S. Patent 6,286,362) in view of Bohm et al. (U.S. Patent 7,717,681).
Regarding claims 1, 8, 14, and 15, Coffman discloses (Figs. 1-3) a gas leak detection device (col. 1, lines 4-8) for identifying a gas leak in a test object 55 (col. 6, lines 49-50), comprising a connector 54 (col. 6, line 56) for the test object 55 or for a test chamber accommodating the test object (col. 6, lines 49-50; Fig. 2);
a vacuum pump (either of 66 or 70: col. 7, lines 14-15 and 30-31) connected to the connector 54 (as shown in Fig. 2) for evacuating the test object or test chamber 55 (col. 8, lines 54-59; col. 9, lines 26-34);
a gas detector 72 (col. 7, lines 36-42) connected to the vacuum pump 66/70 (as shown in Fig. 2) and to the connector 54 and configured for detection of a first test gas (air/oxygen/nitrogen: col. 6, lines 63-67; col. 8, lines 65-67; col. 8, lines 8-11) and for integral leak detection or for localized leak detection of a gas leak in the test object 55 according to the spraying principle during continuous operation of the vacuum pump (col. 9, lines 27-40),
a gas pressure sensor 56 (col. 6, line 63–col. 7, line 11) connected to the vacuum pump 66/70 and to the connector 55 (as shown in Fig. 2) and configured for (re. claims 1 and 8) integral measurement of the total pressure increase (i.e. in the mode described starting at col. 9, line 48 – base pressure rise: col. 9, lines 60-65) at the connector 54 according to the pressure increase method (col. 9, lines 60-65) and (re. claims 14 and 15) the partial pressure increase of at least one second test gas different from the first test gas at the connector according to the partial pressure increase method (col. 8, lines 57-65), and
a blocking device 68 (col. 7, line 20) configured for separating, in terms of vacuum, the gas pressure sensor 56 and the connector 54 from the vacuum pump 66/70 when the test object is examined by means of the gas pressure sensor 56 (col. 8, lines 53-65 – re. claims 8 and 15, while the test chamber and the gas pressure sensor are disconnected from the vacuum pump).
Coffman does not disclose a gas conducting path connecting the connector to the vacuum pump comprises a booster pump, and the gas pressure sensor is arranged in the gas conducting path between the booster pump and the vacuum pump and thus downstream of the booster pump and upstream of the vacuum pump.
Bohm discloses (Fig. 1) a gas conducting path (as shown in Fig. 1) connecting the connector 12 to the vacuum pump 20 comprises a booster pump 16 (see Fig. 1), and the gas pressure sensor 37 (col. 3, lines 33-34) is arranged in the gas conducting path between the booster pump 22 and the vacuum pump 20 (as shown in Fig. 1) and thus downstream of the booster pump 22 and upstream of the vacuum pump 20 (as shown in Fig. 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Coffman’s device/method so that a gas conducting path connecting the connector to the vacuum pump comprises a booster pump, and the gas pressure sensor is arranged in the gas conducting path between the booster pump and the vacuum pump and thus downstream of the booster pump and upstream of the vacuum pump, as taught by Bohm.
Such a modification would be a combination of prior art elements according to known methods to yield predictable results – see MPEP 2143(I)(A); and would improve the minimum pump-out time and maximum suction (Bohm: col. 3, lines 51-56).
The apparatus of Coffman, as applied above in the rejections of claims 1 and 14, would perform the method and meet the limitations of claims 8 and 15; and further discloses identifying a gas leak in the test object by supplying at least one second test gas (trace gas: col. 8, lines 42-47; col. 9, lines 21-23) different from the first test gas (col. 2, lines 26-36) to the test object or to the test chamber (as shown in Fig. 2).
Regarding claims 2, and 9, Coffman discloses (Figs. 1-3) the gas pressure sensor 56 is connected to a gas conducting path (as shown in Fig. 2) which connects the connector 54 to the vacuum pump 66/70 and/or to the gas detector 72 (as shown in Fig. 2) such that the gas pressure sensor 56 measures the gas upstream of the vacuum pump 66/70 and the gas detector 72, respectively (as shown in Fig. 2).
Regarding claim 3, Coffman is applied as above, but does not disclose a gas conducting path connecting the connector to the vacuum pump comprises a booster pump, and the gas pressure sensor is arranged in the gas conducting path between the connector and the booster pump and thus upstream of the booster pump and the vacuum pump.
Bohm discloses (Fig. 1) a gas conducting path (as shown in Fig. 1) connecting the connector 12 (col. 2, line 59) to the vacuum pump (either of 20 or 22: see Fig. 1) comprises a booster pump 16 (col. 2, lines 60-61), and an additional gas pressure sensor 33 (col. 3, lines 25-27) is arranged in the gas conducting path between the connector 12 and the booster pump 16 (via line 14: see Fig. 1) and thus upstream of the booster pump and the vacuum pump (as shown in Fig. 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Coffman’s device so that a gas conducting path connecting the connector to the vacuum pump comprises a booster pump, and a gas pressure sensor is arranged in the gas conducting path between the connector and the booster pump and thus upstream of the booster pump and the vacuum pump, as taught by Bohm.
Such a modification would be a combination of prior art elements according to known methods to yield predictable results – see MPEP 2143(I)(A); and would include an additional sensor upstream of the booster pump for improved operation of the leak detection device.
Regarding claims 6, and 13, Coffman discloses (Figs. 1-3) the gas detector 72 is a mass spectrometer (col. 7, lines 37-42) having a high-vacuum pump 70, in the gas conducting path connecting the gas detector 72 to the vacuum pump 70 (as shown in Fig. 2), and the blocking device 68 is configured for separating, in terms of vacuum, the gas pressure sensor 72 and the connector 54 from the high-vacuum pump 70 when the test object is examined by means of the gas pressure sensor 72 (col. 9, lines 15-40).
Regarding claim 7, Coffman discloses (Figs. 1-3) the gas pressure sensor 56 is configured for integral measurement of the partial pressure increase of the second test gas at the connector 54 according to the accumulation principle (col. 8, line 48–col. 9, line 20).
Regarding claim 11, Coffman discloses (Figs. 1-3) the partial pressure increase of one or a plurality of different components of air is measured (col. 6, line 63–col. 7, line 11).
Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Coffman et al. (U.S. Patent 6,286,362) in view of Bohm et al. (U.S. Patent 7,717,681), and further in view of Myneni (U.S. Patent 5,343,740).
Regarding claims 5 and 12, Coffman’s modified device is applied as above, but does not disclose the gas pressure sensor is configured for an optical spectral analysis of the second test gas.
Myneni discloses (Fig. 1) the gas pressure sensor is configured for an optical spectral analysis of the second test gas (i.e. by a mass spectrophotometer: col. 1, lines 29-32).
Since the art recognizes that a mass spectrophotometer is an equivalent of Coffman's magnetic mass spectrometer, and known for the same purpose of detecting gas for leak detection (Myneni: col. 1, lines 29-32), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Coffman’s device/method so that the gas pressure sensor is configured for an optical spectral analysis of the second test gas, as taught by Myneni. See MPEP 2144.06(II).
Response to Arguments
Applicant's arguments filed 01-05-2026 have been fully considered but they are not persuasive. Applicant argues that Coffman does not disclose that the gas pressure sensor is configured for integral measurement of the total pressure increase at the connector according to the pressure increase method. However, Coffman does disclose this at the mode of operation disclosed starting at col. 9, line 48: a gas pressure sensor 56 (col. 6, line 63–col. 7, line configured for integral measurement of the total pressure increase (i.e. base pressure rise: col. 9, lines 60-65) at the connector 54 according to the pressure increase method (col. 9, lines 60-65).
Furthermore, regarding claims 8 and 15, Coffman discloses a first test gas (air/oxygen/nitrogen: col. 6, lines 63-67; col. 8, lines 65-67; col. 8, lines 8-11) – that is, this air/gas is used in a leak test (see the cited sections); and Coffman further discloses identifying a gas leak in the test object by supplying at least one second test gas (trace gas: col. 8, lines 42-47; col. 9, lines 21-23) different from the first test gas (col. 2, lines 26-36) to the test object or to the test chamber (as shown in Fig. 2). Coffman also discloses that “Operation of the trace gas detector and the RGA may be performed simultaneously or alternatively according to the selection of an operator” – see col. 8, lines 45-47.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Schmitt, whose telephone number is (571) 270-7930. The examiner can normally be reached M-F | 8:30-5:00.
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/BENJAMIN R SCHMITT/Primary Examiner, Art Unit 2852