DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1, 2, 4-6, 11-15, and 18-20 are objected to because of the following informalities:
In claim 1, the body of the claim recites measuring the temperature of the dilated wall in the last two lines, but the preamble recites measuring a temperature of a fluid.
In claim 2, “includes” should be changed to --including-- in line 2.
In claim 4, --to-- should be added after “opposite” in line 2; --a-- should be added after “from” in line 3; and --first--should be added before “shelf” in line 3.
In claim 5, --to-- should be added after “opposite” in line 2; and --of-- should be added after “plurality” in line 5.
In claim 6, --,-- should be added after “5” in line 1; “that engages” should be changed to --to engage-- in line 5; and --thereby-- should be added before “clamping” in line 6.
In claim 11, “includes” should be changed to --including-- in line 3; and --first-- should be added before “body” in line 7.
In claim 12, “protrusion” should be deleted from line 2.
In claim 13, the body of the claim recites measuring the temperature of the dilated wall in the last two lines, but the preamble recites measuring a temperature of a fluid.
In claim 14, “portion and” should be changed to --portion having-- in lines 5 and 6.
In claim 15, --to-- should be added after “opposite” in lines 2 and 4; --first-- should be added after “the” in line 3; and --of-- should be added after “plurality” in the last line.
In claim 16, --thereby-- should be added before “clamping” in line 7.
In claim 18, --first-- should be added before “body” in line 9.
In claim 19, “protrusion” should be deleted from line 2.
In claim 20, the body of the claim recites measuring the temperature of the dilated wall in the last two lines, but the preamble recites measuring a temperature of a fluid.
Appropriate correction is required.
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 14-19 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.
In claim 14, it is not clear if the steps recited in lines 3-4 are performed in addition to the steps of base claim 13 (it is not clear if the first and second body recited in lines 3-4 are part of the clamping body recited in line 3 of base claim 13).
Claims 15-19 are rejected for being dependent on a rejected base claim.
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.
Claims 1, 2, 13, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2010/0111135 to Faries, JR. et al [hereinafter Faries].
Referring to claim 1, Faries discloses an apparatus (figures 4, 5; paragraphs 46-50) for measuring the temperature of a fluid contained in a passage enclosed by a wall (230), comprising:
a clamping body (200) configured to attach to the wall (230) (figure 4; paragraphs 46, 47);
a protrusion (212) arranged to cause a depression in the wall that dilates the wall and locates the protrusion within the passage when the clamping body (200) is attached to the wall (230) (presses into but does not penetrate the wall) (paragraph 48); and
a sensor capsule (temperature sensor) housed in the protrusion (212) for measuring the temperature of the dilated wall (230) (paragraph 48).
Referring to claim 2, Faries discloses that the passage is enclosed by the wall of a pipeline (230) (figure 4), and that the clamping body (200) further includes:
a first body portion (202) having a first arcuate inner surface (209) (figure 5; paragraph 47);
a second body portion (204) having a second arcuate inner surface (210) (figure 5; paragraph 47); and
a hinge (205) allowing the first (202) and the second (204) body portions and first (209) and second (210) inner surfaces to rotate with respect to the other (figure 5; paragraph 46).
Referring to claim 13, Faries discloses a method (figures 4, 5; paragraphs 46-50) for assembling an apparatus that measures the temperature of a fluid contained in a passage enclosed by a wall (230) (paragraph 47), the method comprising:
engaging a clamping body (200) to the wall (230) (paragraph 47);
causing a depression in the wall (230) using a protrusion (212) attached to the clamping body (200) that dilates the wall and locates the protrusion (212) within the passage (paragraphs 48, 50) (presses into but does not penetrate the wall) (paragraph 48); and
installing a sensor capsule (temperature sensor) in the protrusion (212) that measures the temperature of the dilated wall (paragraph 48).
Referring to claim 14, Faries discloses that the passage is enclosed by the wall (230) of a pipeline (figures 4, 5), the method further including:
providing a first body portion (202) having a first arcuate inner surface (209);
providing a second body portion (204) having a second arcuate inner surface (210); and
connecting the first body portion (202) and the first arcuate surface (209) and the second body portion (204) and the second arcuate surface (210) to rotate with respect to the other using an integrated hinge (205) (figure 5; paragraph 46).
Claim Rejections - 35 USC § 103
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.
Claims 3-6, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Faries.
Referring to claim 3, Faries discloses an apparatus having all of the limitations of claim 3, as stated above with respect to claim 2, and further discloses the first body portion and the second body portion are made of plastic (paragraph 46), and that the hinge (205) is integrally attached to the first (202) and second (204) body portions (formed as a unit with the first and second body portions) (figure 5).
Faries does not explicitly disclose that the first body portion, the second body portion, and the hinge are created from a resilient material.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to create the first body portion, the second body portion, and the hinge of Faries from a resilient material (resilient plastic material) in order to provide flexibility to facilitate opening, closing, and locking the first and second body portions, which Faries suggests is desirable (paragraphs 49, 50); and since the particular type of material used to make the first body portion, the second body portion, and the hinge claimed by the applicant is only considered to be the use of a “preferred” or “optimum” material out of a plurality of well-known materials that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide based on the intended use of applicant’s apparatus, i.e., suitability for the intended use of applicant’s apparatus. See In re Leshin, 125 USPQ 416 (CCPA 1960), where the courts held that a selection of a material on the basis of suitability for intended use of an apparatus would be entirely obvious.
Referring to claim 4, Faries discloses an apparatus having all of the limitations of claim 4, as stated above with respect to claim 2, and further discloses that the first body portion (202) includes a first shelf (206) located on a side opposite the hinge (205) (figure 5), the first shelf (206) including a flexible latch arm (220) extending from a surface of the first shelf (for allowing a press-fit type locking of the first and second body portions) (figure 5; paragraph 50).
Faries does not disclose a plurality of the flexible latch arm extending from surface of the first shelf.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Faries with a plurality of the flexible latch arm extending from a surface of the first shelf in order to more securely lock the first body portion to the second body portion, the locking of the first body portion to the second body portion being disclosed by Faries; and since it has been held that the mere duplication of the essential working parts of a device involves only routine skill in the art. See St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Referring to claim 5, Faries discloses an apparatus having all of the limitations of claim 5, as stated above with respect to claim 4, and further discloses that the second body portion (204) includes a second shelf (208) located on a side opposite the hinge (205) (figure 5), the second shelf including a latch hole (222) extending through the second shelf, wherein the second body portion (204) is configured to be rotated to align the latch hole (222) to a latch arm (220) (by hinge 205) (paragraphs 46, 49, 50).
Faries does not disclose a plurality of the latch holes extending through the second shelf, wherein the second body portion is configured to be rotated to align each of the plurality of latch holes to the each of the plurality latch arms.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Faries with a plurality of the latch holes extending through the second shelf such that the second body portion is configured to be rotated to align each of the plurality of latch holes to the each of the plurality latch arms in order to more securely lock the first body portion to the second body portion, the locking of the first body portion to the second body portion being disclosed by Faries; and since it has been held that the mere duplication of the essential working parts of a device involves only routine skill in the art. See St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Referring to claim 6, Faries discloses an apparatus having all of the limitations of claim 6, as stated above with respect to claim 5, and further discloses (paragraphs 46, 49, 50) that each latch arm (220) includes a tooth (221) (paragraph 49) and each tooth (221) moves its associated latch arm (220) into a deflected position when the tooth (221) is accepted within a respective latch hole (222), each latch arm (220) resuming its un-deflected position when its associated tooth (221) travels beyond the latch hole (top of 222) causing each tooth (221) to grasp a surface (foot portion) of the second shelf (208) that engages the first body portion (202) to the second body portion (204) clamping the first inner surface (209) and the second inner surface (210) to the wall of the pipeline (230) (paragraphs 49, 50) (describes a snap-fit type of locking between the first body portion and the second body portion).
Referring to claim 15, Faries discloses a method having all of the limitations of claim 15, as stated above with respect to claim 14, and further discloses providing a first shelf (206) on the first body portion (202) on a side opposite the hinge (205) (figure 5), the first shelf (206) including a flexible latch arm (220) extending from a surface of the first shelf (for allowing a press-fit type locking of the first and second body portions) (figure 5; paragraph 50); providing a second shelf (208) on the second body portion (204) on a side opposite the hinge (205) (figure 5), the second shelf including a latch hole (222) extending through the second shelf; and rotating the second body portion (204) to align the latch hole (222) to a latch arm (220) (by hinge 205) (paragraphs 46, 49, 50).
Faries does not disclose providing a plurality of the flexible latch arm extending from the surface of the first shelf; providing a plurality of the latch holes extending through the second shelf; and rotating the second body portion to align each of the plurality of latch holes to the each of the plurality latch arms.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Faries by providing a plurality of the flexible latch arm extending from a surface of the first shelf, providing a plurality of the latch holes extending through the second shelf, and rotating the second body portion to align each of the plurality of latch holes to the each of the plurality latch arms in order to more securely lock the first body portion to the second body portion, the locking of the first body portion to the second body portion being disclosed by Faries; and since it has been held that the mere duplication of the essential working parts of a device involves only routine skill in the art. See St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Referring to claim 16, Faries discloses a method having all of the limitations of claim 16, as stated above with respect to claim 15, and further discloses (paragraphs 46, 49, 50) that each latch arm (220) of the plurality of latch arms includes a tooth (221) (paragraph 49); moving each latch arm (220) into a deflected position by its associated tooth (221) when the tooth (221) is accepted within a respective latch hole (222); and returning each latch arm (220) to its un-deflected position when its associated tooth (221) travels beyond the latch hole (top of 222) causing each tooth (221) to grasp a surface (foot portion) of the second shelf (208) and engage the first body portion (202) to the second body portion (204) clamping the first inner surface (209) and the second inner surface (210) to the wall of the pipeline (230) (paragraphs 49, 50) (describes a snap-fit type of locking between the first body portion and the second body portion).
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Faries in view of the prior art disclosed in paragraphs 3 and 5 of Faries [hereinafter Prior Art].
Faries discloses (figures 4, 5; paragraphs 46-50) a non-invasive temperature measuring device for measuring the temperature of a fluid in in a pipeline passage enclosed by a wall (230), comprising:
a clamping body (200) having a probe receptacle (opening) extending from a first portion (204) of the clamping body (200) (figure 5);
a temperature measuring probe (212) installed in the probe receptacle (opening), the temperature measuring probe (212) including a sensor capsule (temperature sensor) located in a protrusion (213), the protrusion (213) extending from the first portion (204) of the clamping body (200) (figure 5; paragraph 48); and
a clamping body second portion (202) rotatably mounted to the first portion (204) (by hinge 205) (figure 5; paragraph 46);
wherein the first portion (204) of the clamping body (200) is installed on a wall section of the pipeline (230), and the second portion (202) of the clamping body (200) is rotated to engage the first portion (204) and drive the protrusion (213) to contact the wall section and cause the wall section to dilate and locate the dilated wall and the protrusion (213) in the pipeline passage (paragraphs 48, 50) (presses into but does not penetrate the wall) (paragraph 48) where the sensor capsule (temperature sensor) measures the temperature of the dilated wall (paragraph 48).
Faries does not disclose the first portion of the clamping body being installed on the wall section of the pipeline after the wall section has been heated and driving the protrusion to contact the heated wall section.
However, it is known in the Prior Art (paragraphs 3, 5) to heat the fluid in the pipeline passage before the fluid reaches a user in order to provide a safe temperature to eliminate any potential thermal shock and injury to a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to heat the fluid in the pipeline passage enclosed by the wall of Faries before the fluid reaches a user, as suggested by the Prior Art, in order to provide a safe temperature to eliminate any potential thermal shock and injury to a user. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to install the first portion of the clamping body of Faries in view of the Prior Art on the wall section of the pipeline after the wall section has been heated by the fluid and driving the protrusion to contact the heated wall section in order to ensure that the temperature is at a proper steady state temperature in order to eliminate any potential thermal shock and injury to a user, as suggested by the Prior Art.
Allowable Subject Matter
Claims 7-12 and 17-19 are 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, and amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and the objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
An apparatus for measuring the temperature of a fluid contained in a passage enclosed by a wall, wherein the protrusion is elliptically shaped and includes an exterior wall that extends from the inner surface of the first body portion (claim 7).
A method for assembling an apparatus that measures the temperature of a fluid contained in a passage enclosed by a wall, wherein the protrusion includes an exterior wall that extends from the inner surface of the first body portion (claim 17).
Conclusion
The references made of record and not relied upon by the examiner are considered pertinent to applicant's disclosure by disclosing the measurement of a temperature of a fluid in a passage, but do not disclose the allowable subject matter stated above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina 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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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
12/11/25
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