DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 9/11/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
4. 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 3 & 14 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.
Regarding claim 3 the limitation “….arranged in substantially the same thermal environment..… “, is ambiguous and overly broad. With emphasis on the phrase “substantially the same thermal environment”, this is a relative phrase; with respect to the structure and / or description of the claimed invention, the applicant has not clearly established (i.e dimensional characteristics etc) how “substantially” is defined. Therefore, the claim is rendered indefinite.
Claims 4 & 10 are rejected based on their dependency of rejected claim 3.
Regarding claim 14, the applicant sets forth a “method of manufacturing” but the claim is not clear on grounds that the applicant has not established a set of steps that would reflect “manufacturing”.
Claim Rejections - 35 USC § 102
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ushio Electric (JPH0734341 U).
Regarding claim 1 Ushio teaches a thermistor 55 for (intended use recitation) pressure detection that detects change in amount of heat loss in accordance with a thermal conductivity of an atmosphere; and a thermistor 58 (intended use recitation) for pressure compensation that serves as a reference for pressure detection, wherein at least resistance values of the thermistor for pressure detection and the thermistor for pressure compensation are paired as electrical characteristics and at least heat dissipation constants of the thermistor for pressure detection and the thermistor for pressure compensation are paired as thermal characteristics.
Regarding claim 1 and the recitation “wherein at least resistance values of the thermistor for pressure detection and the thermistor for pressure compensation are paired as electrical characteristics and at least heat dissipation constants of the thermistor for pressure detection and the thermistor for pressure compensation are paired as thermal characteristics.”, The broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur. The system claim interpretation differs from a method claim interpretation because the claimed structure must be present in the system regardless of whether the condition is met and the function is actually performed. MPEP 2111.04 section II.
In this particular instance, since the claim establishes two separate thermistors while simultaneously triggering “intended use recitations”, the applicant therefore has not set forth the structure for performing the contingent limitation with respect to the wherein clause.
Claims 2-13 are rejected based on their dependency of rejected claim 1.
6. The following claim 1 is drafted by the examiner and considered to distinguish patentably over the art of record in this application, is presented to applicant for consideration:
(Claim 1) An atmospheric-pressure detecting sensor comprising:
a pressure detection thermistor that detects change in amount of heat loss in accordance with a thermal conductivity of an atmosphere; and
pressure compensation thermistor that serves as a reference for pressure detection, wherein at least resistance values of the pressure detection thermistor and the pressure compensation thermistor are paired as electrical characteristics and at least heat dissipation constants of the pressure detection thermistor and the pressure compensation thermistor are paired as thermal characteristics.
Claim Rejections - 35 USC § 103
7. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ushio Electric (JPH0734341 U) in view of Ashman et al (US 9116060 B2).
Regarding claim 14 Ushio Electric teaches all of the basic features of the claimed invention. Ushio Electric however does not teach a pressure sensing system that includes an offset adjustment step of adjusting an output voltage of the atmospheric-pressure detecting device to zero under a barometric pressure. Ashman et al teaches adjusting an output voltage of the atmospheric-pressure detecting device to zero under a barometric pressure. (Abstract)(col. 4 lines 54-65)(Col. 6 lines 46-65).
It would have been obvious to a person having ordinary skill in the art of pressure sensing systems before the effective filing date of the claimed invention to modify the pressure sensing system as taught by Ushio Electric with adjusting an output voltage of the atmospheric-pressure detecting device to zero under a barometric pressure as taught by Ashman et al for the purpose of accurately monitoring and compensating a pressure sensor under atmospheric / barometric pressure.
8. The following claim 14 is drafted by the examiner and considered to distinguish patentably over the art of record in this application, is presented to applicant for consideration:
(Claim 14) An atmospheric-pressure detecting sensor comprising:
A method for manufacturing an atmospheric-pressure detecting device which includes
a pressure detection thermistor that detects change in amount of heat loss in accordance with a thermal conductivity of an atmosphere; and pressure compensation thermistor that serves as a reference for pressure detection, wherein at least resistance values of the pressure detection thermistor and the pressure compensation thermistor are paired as electrical characteristics and at least heat dissipation constants of the pressure detection thermistor and the pressure compensation thermistor are paired as thermal characteristics.
, wherein at least resistance values of the pressure detection thermistor and the pressure compensation thermistor are paired as electrical characteristics and at least heat dissipation constants of the pressure detection thermistor and the pressure compensation thermistor are paired as thermal characteristics, and the atmospheric-pressure detecting device is bridge-connected to constitute a bridge circuit, the method for manufacturing an atmospheric-pressure detecting device comprising:
an offset adjustment step of adjusting an output voltage of the atmospheric-pressure detecting device to zero under a barometric pressure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2025056480 A1 THERMAL PRESSURE SENSOR FOR MEASURING A PRESSURE OF A FLUID
JP 2025030377 A ATMOSPHERIC PRESSURE SENSOR
CN 221976360 U Atmospheric pressure sensor calibration device and system
KR 20240057638 A Pressure detection device and detection method using atmospheric pressure sensor
US 11747231 B2 Heat-loss pressure microsensors
US 8965725 B2 Automatic calibration adjustment of capacitance diaphragm gauges to compensate for errors due to changes in atmospheric pressure
CN 100374839 C Device and method for heat loss pressure measurement
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina M 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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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855