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 .
Claim Rejections - 35 USC § 102
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.
Claims 9-10 and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yonekura (US 2014/0153612 – cited on 04/18/2026 IDS).
Regarding claim 9, Yonekura discloses a measuring device (abstract) comprising: a housing having a first end and a second end in one direction (7 in Fig. 2), the housing having a cylindrical shape ([0055]; 7 in Fig. 2) in which the first end and the second end are open (top and bottom ends of 7 are open as depicted in Fig. 2); a thermocouple extending in the one direction in the housing (8 in relation to 7 in Fig. 2; [0054]); and a piece having a columnar shape provided in the housing, exposed from the first end and configured to hold the thermocouple (9 in relation to 7 and 8 in Fig. 2; [0054]), wherein the piece has a side face facing an inner surface of the housing (side face of 9 in Fig. 2 faces an inner surface of 7) and a front face exposed from the first end of the housing (front face of 9 exposed from the first end of 7 in Fig. 2), wherein the front face of the piece is flush with the first end of the housing (front face of 9 in relation to first end of 7 in Fig. 2), wherein a pair of grooves penetrating through the piece in the one direction (grooves in 9 which contain 8 in Fig. 2) are provided on the side face of the piece ([0059]; grooves containing 8 in relation to side face of 9 in Fig. 2; it is noted that the limitation “provided on” does not require direct physical contact or the absence of intermediate components), and wherein the thermocouple is accommodated in the pair of grooves and extends to the front face of the piece (8 in grooves in 9 extending to the front face of 9 in Fig. 2).
Regarding claim 10, Yonekura discloses all the claim limitations as set forth above. Yonekura further discloses a welded portion fixing the piece and the housing ([0066],[0080], Fig. 5; portion of 9 adjacent to 11a in Fig. 2 satisfies the limitation “a welded portion), wherein the welded portion is provided along a boundary between the front face of the piece and the first end of the housing ([0066]; 11a is between front face of 9 and first end of 7 in Fig. 2).
Regarding claim 12, Yonekura discloses all the claim limitations as set forth above. Yonekura further discloses the pair of grooves are a first groove and a second groove opening on the side face ([0059]; 8 in grooves of 9 in Fig. 2), wherein the thermocouple includes a first wire (8a in Fig. 2), a second wire (8b in Fig. 2), a first coating covering the first wire ([0081]), and a second coating covering the second wire ([0081]), wherein a portion of the first wire not covered with the first coating is accommodated in a first hole formed by the first groove and the inner surface of the housing and extends to the front face, and wherein a portion of the second wire not covered with the second coating is accommodated in a second hole formed by the second groove and the inner surface of the housing and extends to the front face ([0081] discloses the coating of the portions of the wires 8a and 8b which are positioned at the welding material placement portion 10a and the small diameter portion 10b are removed; Fig. 5).
Regarding claim 13, Yonekura discloses all the claim limitations as set forth above. Yonekura further discloses the pair of grooves hold therein two wires included in the thermocouple such that the two wires are separated from each other in a direction intersecting the one direction (8a and 8b in grooves in 9 in Fig. 2).
Allowable Subject Matter
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Yonekura does not disclose the welded portion fixes the housing and the piece in a groove provided on an outer peripheral surface of the housing, in conjunction with the other limitations recited in claim 11 and claim 9, from which claim 11 depends. There is not a motivation for one skilled in the art to modify the structure of Fig. 2 of Yonekura to include a welded portion which fixes the housing and the piece in a groove provided on an outer peripheral surface of the housing.
Response to Arguments
Applicant’s arguments with respect to claims 9-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 TAMIR AYAD whose telephone number is (313) 446-6651. The examiner can normally be reached Monday - Friday, 8:30am - 5pm EST.
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/TAMIR AYAD/Primary Examiner, Art Unit 1726
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