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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, Species 1 in the reply filed on 19 January 2026 is acknowledged.
Claims 4 – 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the aforementioned reply.
The restriction/election requirement with respect to Species 3 (the sensor of Figure 4) (See Restriction/Election Requirement dated 20 November 2025, Species 3 is incorrectly recited twice) is withdrawn as no search burden was found.
Claim 4 is withdrawn as it pertains to non-elected Species 3 the sensor of Figure 5, Species 4 – 7, and 13.
Claims 5 and 6 are withdrawn as they are dependent upon Claim 4.
Claim 7 is withdrawn as it pertains to non-elected Species 4 – 9.
Claim 8 is withdrawn as it pertains to non-elected Species 5 and 6.
Claim 9 is withdrawn as it is dependent upon Claim 8.
Claim 10 is withdrawn as it pertains to non-elected Species 10 – 12 and 14.
Claims 11 – 14 are withdrawn as they are dependent upon Claim 10.
Group 1, and Species 1 and 3 (the sensor of Figure 4) are presently under examination.
Claim Rejections - 35 USC § 102
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 - 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aoyagi et al. (US 2021/0190617).
Regarding Claim 1, Aoyagi discloses a structure capable of being a thermal conductivity sensor [0050] for measuring a concentration of a gas, the sensor comprising: a substrate portion (10) (Figure 1); an intermediate layer (24, 25) disposed on the substrate portion (Figure 1); a semiconductor layer (21) disposed on the intermediate layer [0034] (Figure 1); and a dielectric layer (22) comprising a dielectric membrane (22A) [0035] (Figure 1), the dielectric membrane provided with a heater (41) [0044] (Figure 1); wherein the dielectric membrane is located over a gap (23) (Figure 1), the gap being located in the semiconductor layer (Figure 1).
Regarding Claim 2, Aoyagi discloses the gap is located in the intermediate layer (Figure 1).
Regarding Claim 3, Aoyagi discloses the substrate portion comprises a semiconductor [0033]; and the intermediate layer comprises an insulator [0032].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MERCADO whose telephone number is (571)270-7094. The examiner can normally be reached Monday - Thursday 9am - 4pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ALEXANDER A. MERCADO
Primary Examiner
Art Unit 2855
/ALEXANDER A MERCADO/ Primary Examiner, Art Unit 2855