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
102 Rejection
Based on applicant’s filed amendments, the previous set forth 102 rejection has been overcome.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the examiner does not identify where KR '170 discloses determining a temperature difference between temperatures measured at a plurality of locations, determining the absolute value of that temperature difference, or controlling the temperature adjusting mechanism so that the temperature difference remains below a predetermined value) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The instant claims do not recite any structure performing the argued determination steps, therefore, insofar as what is structurally recited, the control unit of KR ‘170 is capable of controlling the heaters such to keep an absolute value of a temperature difference between the temperatures lower than or equal to a predetermined value.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-3 and 5-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘170 (KR 100992170 B1) in view of Zhang et al. (CN 202420119U).
With respect to claim 1, ‘170 teaches an evaluation device in Fig. 1 for evaluating performance of a predetermined object (3a) to be evaluated by varying a temperature condition (‘170 ), comprising a heating furnace (3) having a furnace inner space (as depicted in Fig. 2) that houses the object (3a) to be evaluated, a temperature adjusting mechanism (i.e. a heater 7; [0030]) that adjusts a temperature of the object (3a) to be evaluated or its surroundings by heating or cooling; a plurality of temperature sensors (12a-12c; [0024]) a temperature acquisition unit (i.e. a portion of controller 4) that acquires, from the plurality of temperature sensors (12a-c), temperatures in the heating furnace (3) of a plurality of locations (defined by the sensor locations for each sensor 12a-12c) of the object (3a) to be evaluated or its surroundings, and a temperature adjusting mechanism control unit (4) that controls the temperature adjusting mechanism (7) to keep an absolute value of a temperature difference between the temperatures of a plurality of the locations acquired by the temperature acquisition unit lower than or equal to a predetermined value (i.e. as insofar as what is structurally recited, the control unit 4 and its ability to control the heater 7 with the aid of temperature feedback via sensors 12a-c, the control unit is capable of “keep[ing] an absolute value of a temperature difference between the temperatures of a plurality of the locations acquired by the temperature acquisition unit lower than or equal to a predetermined value”).
‘170 remains silent regarding the plurality of temperature sensors being provided in the heating furnace.
Zhang et al. a similar device having a heating furnace [0004] where a plurality of temperature sensors (2) provided in the heating furnace (as Zhang et al. teaches in [0013] multiple positions of the temperature sensors are evenly distributed in the furnace, to realize the body temperature monitoring the body temperature monitoring).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to substitute the sensors taught in ‘170 with the sensors taught in Zhang et al. such that the internal space of the furnace of ‘170 is monitored because Zhang et al. teaches such a modification aids in unified heating the furnace internal space; [0010].
The method steps of claim 10 are performed during the operation of the rejected structure of claim 1.
With respect to claim 2, ‘170 teaches the evaluation device (Fig. 1) wherein the temperature adjusting mechanism control unit (4) controls the temperature adjusting mechanism (7) based on a temperature difference between a highest of the temperatures and a lowest of the temperature (as modified, ‘170 teaches the controller 4 generating a heater driving signal when the received temperature is lower than the set temperature, and generates a cooler driving signal when the received temperature is higher than the set temperature).
With respect to claim 3, ‘170 teaches the evaluation device (Fig. 1) wherein the temperature adjusting mechanism (i.e. heater 7) comprises an outlet port (‘170 teaches using a pipe 8a) that supplies a temperature adjusting fluid (air or water; [0020]) that promotes heating or cooling of the object (3a) to be evaluated to the furnace inner space (i.e. the inner space of Fig. 2).
With respect to claim 5, ‘170 teaches the evaluation device (Fig. 1) wherein a direction of the outlet port (8a) can be set so that the temperature adjusting fluid (i.e. air) is not directly sprayed on the object (3a) to be evaluated housed in the furnace inner space (as Fig. 1 shows port 8a well above the object 3a; thereby reading on the claimed limitation).
With respect to claim 6, ‘170 teaches the evaluation device (Fig. 1) wherein the evaluation device has a temperature raising operation mode (i.e. a temperature raising mode performed by the control unit 4) in which the furnace inner space (the inner space seen in Fig. 3) is heated to raise the temperature (via the heater 7 and determined control mode based on sensed conditions and settings; [0030]) in the furnace inner space (depicted in Fig. 3), and in the temperature raising operation mode (when the control unit determines the temperature of the space needs to be increased), the temperature adjusting mechanism control unit (4) controls the temperature adjusting mechanism (7) to supply the temperature adjusting fluid (air) whose temperature is higher than the temperature in the furnace inner space (due to activating the heater to increase the temperature of the air entering the inner space of the furnace).
With respect to claim 7, ‘170 teaches the evaluation device (Fig. 1) wherein the evaluation device has a temperature dropping operation mode (i.e. a temperature dropping mode performed by the control unit 4) in which the furnace inner space (depicted in Fig. 3) is cooled and to drop the temperature (via the cooler 7 and determined control mode based on sensed conditions; [0030]) in the furnace inner space (seen in Fig. 3), and in the temperature dropping operation mode (i.e. a cooling mode as determined by the control based on sensed conditions and settings), the temperature adjusting mechanism control unit (4) controls the temperature adjusting mechanism (7) to supply the temperature adjusting fluid (air) whose temperature is lower than the temperature in the furnace inner space (due to activating the cooler 7 to decrease the temperature of the air entering the inner space of the furnace).
With respect to claim 8, ‘170 teaches the evaluation device (Fig. 1) wherein the heating furnace has an outside air intake port (i.e. a port of a filter 2) that can be open and close for taking outside air into the furnace inner space (through port 8a), and in the temperature dropping operation mode (as determined by the control unit 4), when the temperature of the object (3a) to be evaluated falls below a predetermined set temperature (based on settings and sensed conditions), the outside air intake port is automatically opened to allow the outside air to be taken into the furnace inner space (through port 8a).
With respect to claim 9, ‘170 teaches the evaluation device (Fig. 1) wherein the object to be evaluated is a fuel cell (3a; Abstract).
With respect to claim 11, ‘170 teaches a computer readable medium program (as indirectly taught, as ‘170 teaches using a controller for performing specific controls in a computer environment which requires a computer readable medium program) for an evaluation device (1) that evaluates performance of a predetermined object to be evaluated by varying a temperature condition (Abstract) and that comprises a heating furnace (3) having a furnace inner space (seen in Fig. 3) to house the object (3a) to be evaluated, a temperature adjusting mechanism (7) to adjust the object to be evaluated or its surroundings by heating or cooling the object (3a) to be evaluated or its surroundings, and a plurality of temperature sensors (12a-c; [0024]), wherein the computer readable medium has instructions (as indirectly taught) thereon that, when executed by making a computer (i.e. controller 4), cause the computer (4) to produce functions as a temperature acquisition unit (i.e. a portion of controller 4) that acquires, from the plurality of sensors (12a-c) the temperatures of a plurality of locations (defined by the location of those sensors) around the object (3a) to be evaluated, and a temperature adjusting mechanism control unit (i.e. the portion of 4) that controls the temperature adjusting mechanism (7) to keep an absolute value of a temperature difference between the acquired temperatures at a plurality of the locations lower than or equal to a predetermined value (i.e. as insofar as what is structurally recited, the control unit 4 and its ability to control the heater 7 with the aid of temperature feedback via sensors 12a-c, the control unit is capable of “keep[ing] an absolute value of a temperature difference between the temperatures of a plurality of the locations acquired by the temperature acquisition unit lower than or equal to a predetermined value”).
‘170 remains silent regarding the plurality of temperature sensors being provided in the heating furnace.
Zhang et al. a similar device having a heating furnace [0004] where a plurality of temperature sensors (2) provided in the heating furnace (as Zhang et al. teaches in [0013] multiple positions of the temperature sensors are evenly distributed in the furnace, to realize the body temperature monitoring the body temperature monitoring).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to substitute the sensors taught in ‘170 with the sensors taught in Zhang et al. such that the internal space of the furnace of ‘170 is monitored because Zhang et al. teaches such a modification aids in unified heating the furnace internal space; [0010].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘170 (KR 100992170 B1) in view of Zhang et al. (CN 202420119U), as applied to claim 3, further in view of ‘655 (KR 101778655 B1).
With respect to claim 4, ‘170 teaches all that is claimed in the above rejection of claim 3, but remains silent regarding the heating furnace comprises a heating element in the furnace inner space, and a direction of the outlet port can be set so that the temperature adjusting fluid is sprayed directly on the heating element.
‘655 teaches a similar furnace that includes a heating element (W) in a furnace inner space seen in Fig. 1), and a direction of an outlet port (6) that can be set so that a temperature adjusting fluid (i.e. air) is sprayed directly on the heating element (W; as seen in Fig. 1, where the port 6 directs air to the heating element).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the internal space of the furnace taught in ‘170 to include an internal heating element and the directional outlet port injecting air onto the heating source of the furnace, as taught by ‘655, because such a modification allows the control of air to dictate the internal temperature of the furnace without having to introduce a second fluid, as taught by ‘655.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gottmann et al. (9,142,845) which teaches a similar furnace with an internal heater and air port for testing a fuel cell stack.
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 MATTHEW G MARINI whose telephone number is (571)272-2676. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW G MARINI/Primary Examiner, Art Unit 2853
