DETAILED ACTION
Claims 1-7 are pending in the present application.
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 .
Drawings
The drawings are objected to because in Fig. 3, there are two labels “41”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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 1-7 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 1, the punctuation throughout the claim makes it unclear what limitations belong together, in particular the phrases with multiple commas. Based on the instant specification, the Examiner has provided below a suggested amendment to claim 1 so as to overcome the rejection under 35 U.S.C. 112(b):
1. A gas sensor, including:
a shell with a receiving cavity, the shell comprising a cover, a substrate spaced apart from the cover, and a side wall located between the cover and the substrate;
an infrared transmitter and an acoustic sensor accommodated in the receiving cavity, and
a flexible film connected with the side wall, wherein
the flexible film divides the receiving cavity into a first cavity and a second cavity;
the first cavity is formed by the joint enclosure of the flexible film, the side wall and the cover;
the second cavity is formed by the joint enclosure of the flexible film, the side wall and the substrate;
the infrared transmitter is located in the first cavity;
the acoustic sensor is located in the second cavity;
the shell comprises a vent hole communicating with an outside and the first cavity; and
wherein the flexible film, the first cavity and the second cavity form a resonant system, an intrinsic frequency of the resonant system is the same as a modulation frequency of the infrared transmitter.
Regarding claims 2-7, these claims are rejected for failing to remedy the rejection of claim 1 under 35 U.S.C. 112(b) above.
Allowable Subject Matter
Claims 1-7 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, of claim 1 as set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 1-7, Burgi et al. (US PGPUB 2022/0283123 A1, hereinafter Burgi) represents the best art of record. However, Burgi fails to encompass all of the limitations of independent claim 1.
Regarding claim 1, Burgi teaches a gas sensor (see Abstract), including: a shell with a receiving cavity (see Fig. 7, shell 222/221/1 with receiving cavity 32/31), the shell comprising a cover (222), a substrate spaced apart from the cover (see Fig. 7, substrate 1 spaced apart from the cover 222), and a side wall located between the cover and the substrate (see Fig. 7, side walls formed by frame 221); an infrared transmitter (7) and an acoustic sensor (6) accommodated in the receiving cavity (32/31), and
a reflective shield connected with the side wall (see Fig. 7, reflective shield 17 connected with sidewalls of frame 221 as shown), wherein the reflective shield divides the receiving cavity into a first cavity and a second cavity (see Fig. 7, reflective shield 17 divides the receiving cavity into a first cavity 32 and a second cavity 31); the first cavity is formed by the joint enclosure of the flexible film, the side wall and the cover (see Fig. 7, configuration of first cavity 32); the second cavity is formed by the joint enclosure of the flexible film, the side wall and the substrate (see Fig. 7, configuration of second cavity 31); the infrared transmitter is located in the second cavity (see Fig. 7, infrared transmitter located in the second cavity 31); the acoustic sensor is located in the second cavity (see Fig. 7, acoustic sensor located in the second cavity 31); the shell comprises a vent hole communicating with an outside and the first cavity (see Fig. 7, vent hole 4 for first cavity 32).
Burgi fails to teach that the reflective shield is a flexible film; wherein the infrared sensor is located in the second cavity; and wherein the flexible film, the first cavity and the second cavity form a resonant system, an intrinsic frequency of the resonant system is the same as a modulation frequency of the infrared transmitter.
Hence the best prior art or record fails to teach the invention as set forth in independent claim 1 and the examiner can find no teachings for a gas sensor including the flexible film and resonant system as particularly claimed, nor reasons within the cited prior art or on his own to combine the elements of these references other than the applicant's own reasoning to fully encompass the current pending claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL T WOODWARD whose telephone number is (571)270-0704. The examiner can normally be reached M-F: 9:00 AM - 5:00 PM.
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/NATHANIEL T WOODWARD/ Primary Examiner, Art Unit 2855