DETAILED ACTION
Response to Amendment
This is a final office action in response to a communication filed on December 9, 2025. Claims 1-4 and 6-9 are pending in the application.
Status of Objections and Rejections
All objections and rejections from the previous office action are withdrawn in view of Applicant’s amendment.
New grounds of rejection are necessitated by the amendments.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harris (US 2018/0143158).
Regarding claim 1, Harris teaches an electrochemical gas sensor (Fig. 1-2; ¶53: electrochemical gas sensor 100), consisting of:
a sensing electrode, a reference electrode, an auxiliary electrode (Fig. 1-2; ¶65: the counter electrode 11, reference electrode 113, and sensing electrode 115), an electrolyte (Fig. 1; ¶53: defining a hollow interior space 110 for receiving and retaining an electrolyte), a membrane material (Fig. 1; ¶58: a porous membrane 122) and a sensor housing (Fig. 1: indicating the body 102, the base 104 and the cap 106 constitute a housing of the gas sensor 100), wherein the sensing electrode, the reference electrode and the auxiliary electrode are transversely arranged in the sensor housing (Fig. 1-2);
the sensor housing above the sensing electrode is provided with an air inlet (Fig. 1; ¶55: inlet opening 140; here the inlet opening 140 are within the cap 106 and must be above the sensing electrode);
the sensing electrode, the reference electrode, the auxiliary electrode and the membrane material are immersed in the electrolyte (Fig. 1-2: indicating the membrane 122 and the sensing electrode 115 are immersed in the electrolyte; ¶62: a separator 120 may be disposed between the body 102 and the cap 106 and can comprise a porous member that acts as a wick for the retention and transport of the electrolyte between the reservoir and the electrodes; ¶63: the electrolyte can be a liquid that is maintained in the separator 120, which acts as an absorbent medium to retain the electrolyte in contact with the electrodes; thus, as indicated in Fig. 2, the counter electrode and the reference electrode would be immersed in the retained electrolyte within the chambers of CE 111 and RE 113; also see Fig 7; ¶101: The approach may be used with the sensing electrode where regions 718 and 716 can be electrolyte and air respectively, or a reference or counter electrode where regions 718 and 716 may both be electrolyte);
the sensor housing is provided with a signal connector which is nested in the bottom or side of the sensor (Fig. 1; ¶65: connector pin 112 or 114 extending through the base 104 and/or the body 102); and
wherein a separator (Fig. 2: the shoulder 202) is arranged on an outer ring of the sensing electrode (Fig. 2: the shoulder 202 would be an outer ring of the sensing electrode 115 when the body 102 and the cap 106 are closed together for use), the height of the separator is not less than a thickness of the sensing electrode, thus forming a separation chamber (Fig. 2; ¶84: the shoulder 202 may contact the recess 204, and any compliant seal may be positioned there between so that a seal is formed in the area around the sensing electrode 115; here since the shoulder 202 forming an area around the sensing electrode 115, the height of the shoulder must be not less than the thickness of the sensing electrode).
Regarding claim 2, Harris teaches wherein the shape of the sensing electrode, the reference electrode and the auxiliary electrode comprises a rectangle, a square, a circle, or a ring (Fig. 2-3: circular shape or rectangular shape, e.g., 111, 113, 115, 306, 308), and the shape of the signal connector (Fig. 1: connector pin 112 or 114; Fig. 3: contact pin 332) comprises a circle (Fig. 3: circular shape of the contact pin 332).
Regarding claim 3, Harris teaches wherein the membrane material comprises glass fiber filter paper, a polypropylene membrane, a polyethylene membrane, and a fluoroethylene membrane (¶58: membrane 122 formed from PTFE, PE, PP).
Regarding claim 4, Harris teaches wherein the electrolyte comprises an acid (¶64: solid electrolyte include electrolytes adsorbed or absorbed into a solid structure, e.g., Nafion; which is treated with an acid such as H3PO4, sulfuric acid, or the like), a base, or a salt.
Response to Arguments
Applicant’s arguments have been considered but are unpersuasive in light of new grounds for rejection.
Applicant argues Harris does not teach (1) the air inlet is placed above the sensing electrode (Response, p. 7, para. 2); (2) the separator is designed to prevent gas molecules from the air inlet from affecting the reference electrode and auxiliary electrode (p. 7, para. 2); or (3) the signal connector is nested in the bottom or side of the sensor as a design that significantly reduces the sensor’s height and makes the over structure flatter (p. 7, para. 3). These arguments is unpersuasive. Harris teaches the air inlet (Fig. 1: 140) is above the sensing electrode (¶55: the inlet opening 140 and/or the exhaust opening 142 can comprise a diffusion barrier to restrict the flow of gas (e.g., oxygen) to the sensing electrode 115; here Examiner notes that the flow of gas comes from the top of the gas sensor 100 in Fig. 1-2). Further, Harris teaches the signal connector (Fig. 1: pins 112 and 114) is nested in the bottom of the sensor (Fig. 1: pins 112 and 114 are nested in the body 102 till the base 104). Regarding the design purposes, i.e., the separator designed to prevent gas molecules from the air inlet from affecting the reference electrode and auxiliary electrode and the signal connectors designed to be nested in the bottom or side of the sensor to significantly make the overall structure flatter, are not structural limitations but functional limitations (Examiner also notes here these limitations are not recited in amended claim 1), which do not add patentable weight to an apparatus claim. The structural limitation “the height of the separator is not less than a thickness of the sensing electrode, thus forming a separation chamber” is taught by Harris (Fig. 2; ¶84: the shoulder 202 may contact the recess 204 so that a seal is formed in the area around the sensing electrode 115; Examiner notes here that the height of the shoulder must be not less than the thickness of the sensing electrode to form an area around the sensing electrode).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pratt (EP 3467797) teaches an electrochemical sensors including multiple electrodes, including working electrode 128, reference electrode 130, diagnostic electrode 132, and counter electrode 134, between which a ridge 110 is located (Fig. 6; ¶21).
THIS ACTION IS MADE FINAL. 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 CAITLYN M SUN whose telephone number is (571)272-6788. The examiner can normally be reached M-F: 8:30am - 5:30pm.
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/C. SUN/Primary Examiner, Art Unit 1795
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