DETAILED ACTION
Claims 1 – 10 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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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 1-10 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.
Specifically, regarding claim 1, the phrase “wherein one end of the sensing casing is opened, a cavity is formed inside the sensing casing” (emphasis added) in lines 5-6 of claim 1 is indefinite as mixing statutory classes. See MPEP 2173.05(p) II.
As claimed, a step (or steps) of manufacture/fabrication where the sensing casing is opened and a cavity is formed is required by these limitations.
Such inclusion of a step (or steps) in a structural claim is not allowed. See MPEP 2173.05(p) II.
As best understood, for purpose of examination and in order to expedite prosecution the structural term “wherein the sensing casing has an open end with a cavity inside” or the like will be evaluated rather than the recited step(s). (Please see at least instant figs. 2 and showing sensing casing 22 with a open end and a cavity inside.)
However, positive in claims recitation of the structural metes and bounds applicant intends to claim is required.
Further, claim 4 contains the limitation “and injection molded with the body by an inserting member”. This is also is indefinite as mixing statutory classes. See MPEP 2173.05(p) II.
As best understood claim 4 will be considered as requiring the sensing casing to be molded with the body rather than a step of manufacture / fabrication.
However, positive in claims recitation of the structural metes and bounds applicant intends to claim is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Mothe et al. (US 20190101455; hereinafter Mothe) in view of Mujumdar et al. (US 20120201269; hereinafter Mujumdar).
Regarding claim 1, Mothe teaches a temperature sensor (abstract), comprising
a body (at least vessel wall 12; [0014]; abstract), provided for heat-exchanging liquid flowing (see [0005] and [0013] teaching that the fluid flows; see [0021] teaching that the fluid is a liquid) at an interior of the body ([0014] “vessel wall 12 of a hydraulic vessel containing fluid 14”; see at least fig. 1A); and
a sensing assembly (10; see at least fig. 1A), arranged on the body (see fig. 1A and 5 showing this arrangement) and comprising a temperature sensing member (44) and a sensing casing (at least 24/24’/24’’ and constituent casing elements; see [0017]; see e.g. figs. 1A, 1B, 4A, and 5; see also “body 16” and “vessel connector 18” [0014]), wherein one end of the sensing casing is opened (see 112(b) section above interpreting this indefinite limitation; see at least fig. 1B showing this opening), a cavity is formed inside the sensing casing (see 112(b) section above interpreting this indefinite limitation; see at least fig. 1B showing this cavity 47; [0017]), the sensing casing is mounted on the body (see at least figs. 1B and 5 showing this mounting; see also fig. 1A), a closing end of the sensing casing extends into the channel (by “net projection dimension 40” the closed end of the casing extends “into the hydraulic vessel” [0016]; see also figs. 1B and 5), the temperature sensing member is arranged in the cavity (see at least figs. 1B, 5 and 6A showing this arrangement) to sense a temperature of the heat-exchanging liquid through the sensing casing ([0018] “Heat is conducted from fluid 14 through barrier wall 24 to temperature sensor 44”; see also fig. 2 showing a heat map of this temperature flow from the fluid to the temperature sensitive element through the wall), and a thermal conductivity of the sensing casing is larger than a thermal conductivity of the body (at least abstract teaches that the insertion of the sensor casing through a removed area / aperture in the vessel wall “improves a ratio of thermal conductivity between the fluid and the temperature probe”; see also [0013] and [0015] as well as [0019-20] teaching regarding further improving thermal conduction toward the temperature sensor area relative to the vessel wall area).
Mothe does not directly and specifically state that that the hydraulic vessel has a channel.
However, Mujumdar teaches a temperature sensor positioned in a channel (see at least abstract and fig. 1 showing channel with fluid 32; [0022] teaches that the configuration “allows fluid 32 to flow between walls 28 and 30 of the structure”).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensor structure in the wall of a hydraulic vessel of Mothe with the specific knowledge of using the channel having a temperature sensor in the wall of Mujumdar. This is because a channel allows fluid/liquid to flow to desired destinations. This is important in order to provide both temperature measurement and fluid transfer ability to an end user.
Regarding claim 2, Mothe teaches that an extending size of the sensing casing in a third direction (vertical as drawn; see figs. 1B, 5 and 6A) is smaller than an extending size of the sensing casing in a second direction (direction along the hydraulic vessel wall 12 as drawn; see fig. 6A showing this configuration with the third direction extent of the casing being smaller than the second direction), the second direction is an axis direction extending along the channel, and the third direction is orthogonal to the second direction (see at least figs. 1B and 5 showing this orthogonality).
Further, it is noted that it has been held that discovering an optimum value of a result effective variable (here the relative dimensions of the barrier wall / thermowell for optimizing heat transfer to the sensor and flow of the fluid) involves only routine skill in the art. MPEP 2144.05 (II-B).
Regarding claim 3, Mothe lacks direct and specific teaching that a size of the sensing casing protruding from a wall face of the channel is smaller than a radius of the channel in a radial direction of the channel.
However, Mujumdar teaches a temperature sensor positioned in a channel (see at least abstract and fig. 1 showing channel with fluid 32; [0022] teaches that the configuration “allows fluid 32 to flow between walls 28 and 30 of the structure”).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensor structure in the wall of a hydraulic vessel of Mothe with the specific knowledge of using the channel having a temperature sensor in the wall of Mujumdar. This is because a channel allows fluid/liquid to flow to desired destinations. This is important in order to provide both temperature measurement and fluid transfer ability to an end user.
Further, Mothe does disclose that the “net projection dimension 40 into the hydraulic vessel” ([0016]; [0017]) where by providing certain recess depths the “net projection dimension 40 can be small” ([0029]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to further modify small projection dimension into a channel as taught by Mothe as modified by Mujumdar with being smaller than the radius of the channel (i.e. less than halfway into a pipe/channel) as here. This is because one of ordinary skill in the art would have expected less than halfway into a channel to be one way of maintain a “small” net projection into the channel because not overly restricting the flow of the fluid / liquid while maintain an accurate temperature measurement is a desired design goal.
Further, a change in size (here the size of the projection into the channel dimension) is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04 (IV)).
Regarding claim 4, Mothe (as best understood, see 112(b) section above for interpretation) lacks teaching that the sensing casing is made of metal material and injection molded with the body by an inserting member.
However, Mujumdar teaches a temperature sensor positioned in a channel (see at least abstract and fig. 1 showing channel with fluid 32; [0022] teaches that the configuration “allows fluid 32 to flow between walls 28 and 30 of the structure”) where the device may be molded in plural parts (see fig. 6) and includes metal portions ([0030]; [0034]; see fig. 6).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensor structure in the wall of a hydraulic vessel having a seal of Mothe with the specific knowledge of using the temperature sensor with metal portions and being molded to join portions of Mujumdar. This is because such molding and sealing prevents fluid escaping / leaking. This is important in order to provide a leak free structure to an end user.
Regarding claim 5, Mothe teaches that the body is provided with a through hole communicated with the channel ([0015] “Vessel wall 12 has an aperture, through which sensor tip 20 projects so as to make thermal contact with fluid 14 within the hydraulic vessel”; see at least figs. 1A/B, 5 and 6A), the sensing casing comprises a casing main body (see fig. 6A showing a main area around the temperature sensitive element) and a first flange (flange below the seal/O-ring 82 as drawn in fig. 6A; [0029]) protruding from an outer surface of the casing main body (see at least fig. 6A showing this configuration), the casing main body extends into the channel through the through hole (see figs. 1A/B, 5 and 6A showing this configuration), and the first flange is inserted into a hole wall of the through hole to fix the sensing casing to the body (see at least fig. 6A showing this configuration; see also fig. 5).
Regarding claim 6, Mothe teaches that the sensing casing further comprises a second flange protruding from the outer surface of the casing main body (upper flange as drawn in fig. 6A; [0029]; see also fig. 5), the first flange and the second flange are spaced apart from each other (see at least fig. 6A showing such spacing on either side of O-ring 82; see also fig. 5), and a portion of the body is clamped and held between the first flange and the second flange ([0051] teaches regarding “threadably engaging a connecting surface about the barrier wall to a threaded surface of the vessel wall surrounding the aperture”).
Regarding claim 7, Mothe does not directly and specifically state regarding a connecting line, wherein the connecting line is connected to the temperature sensing member through an opening of the sensing casing and/or the through hole (teaching generally regarding wired connectivity – [0014]).
Regardless, Mujumdar teaches a temperature sensor positioned in a channel (see at least abstract and fig. 1 showing channel with fluid 32; [0022] teaches that the configuration “allows fluid 32 to flow between walls 28 and 30 of the structure”) where the sensor has explicitly shown leads / connecting lines (at least 36A and 36B; see fig. 3; [0035]) which are connected to the temperature sensing element / member (26) through channels / holes (37A and 37B; [0038]; see fig. 3).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensor structure in the wall of a hydraulic vessel having wired connectivity and a temperature sensitive element of Mothe with the specific knowledge of using the channel having a temperature sensor therein with a temperature sensitive element specifically shown to have leads / connecting lines Mujumdar. This is because leads / connecting lines allows for signals to pass out from the temperature sensor to a controller or the like. This is important in order to provide temperature measurement signals to an end user.
Regarding claim 8, Mothe does not directly and specifically state regarding a connecting plug and an engaging block, wherein the engaging block is connected to an outer wall of the body, the connecting plug is engaged and connected with the engaging block, and the connecting plug is connected with the connecting line to be connected with a processing device.
However, Mujumdar teaches a temperature sensor positioned in a channel (see at least abstract and fig. 1 showing channel with fluid 32; [0022] teaches that the configuration “allows fluid 32 to flow between walls 28 and 30 of the structure”) where the sensor has explicitly shown leads / connecting lines (at least 36A and 36B; see fig. 3; [0035]) which are connected to the temperature sensing element / member (26) through channels / holes (37A and 37B; [0038]; see fig. 3) which connect though a plug / connector portion (16; see figs. 2 and 3) which is configured to mate / engage with another electrical connector / engaging block ([0031] “Connector portion 16 is configured to mate with another electrical connector to transmit signals representative of the fluid temperature from the temperature sensing element”) and pass the signals to a processing device / monitoring and control system ([0031] “A monitoring or control system may then use the temperature signal to monitor the temperature of fluid 32”).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensor structure in the wall of a hydraulic vessel having wired connectivity and a temperature sensitive element of Mothe with the specific knowledge of using the channel having a temperature sensor therein with a temperature sensitive element specifically shown to have leads / connecting lines; a plug; a mating / engaging portion and a control system / processing device Mujumdar. This is because leads / connecting lines allows for signals to pass out from the temperature sensor to the controller or the like. This is important in order to provide temperature measurement signals to an end user.
Regarding claim 9, Mothe teaches that a wrapping sealing layer wrapping around a circumferential side of the temperature sensing member (at least 82; see fig. 6A; [0029]; see also [0004] “The vessel connector is further configured to circumferentially seal the hydraulic vessel about the aperture.”).
Regarding claim 10, Mothe does not directly and specifically state regarding an injection sealing layer wrapping around a circumferential side of the wrapping sealing layer and fixed to the sensing casing.
However, Mujumdar teaches a temperature sensor positioned in a channel (see at least abstract and fig. 1 showing channel with fluid 32; [0022] teaches that the configuration “allows fluid 32 to flow between walls 28 and 30 of the structure”) and having a circumferential sealing layer (34; see figs. 2 and 3) of adhesive or the like ([0034] “Fluid seal 34 may be an o-ring, adhesive, or other material that prevents fluid from escaping the structure once temperature sensor 12 is installed.”; see also [0045] as well as [0058] and element 60) where the device may be molded in plural parts (see fig. 6).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensor structure in the wall of a hydraulic vessel having a seal of Mothe with the specific knowledge of using the temperature sensor in a conduit wall having an adhesive seal and molding for joining the portions of Mujumdar. This is because such molding and sealing prevents fluid escaping / leaking. This is important in order to provide a leak free structure to an end user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
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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.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/LAURA MARTIN/ SPE, Art Unit 2855