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 .
Specification
The title of the invention is not descriptive. This is evident because all documents within its Classification (G01N33/0027) may theoretically be labeled a ‘gas sensor.’ A new title is required that is clearly indicative of the invention to which the claims are directed. The Office suggests: GAS SENSOR WITH TEMPERATURE CONTROL FOR CALCULATING CONCENTRATION.
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.
Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190033274 (herein Makaram).
Regarding claim 1, Makaram teaches A gas sensor (sensor device 800, [0101], Fig. 8) comprising:
a gas sensor part including a thermosensitive element, the gas sensor part being configured to generate a gas detection signal according to a concentration of a gas to be detected (sensor 30 may selectively sense concentrations of volatile organic compounds, [0092]; sensing system may include a sensor with resistance R.sub.S that is sensitive to fluctuations in temperature, [0069]);
a temperature sensor part configured to generate a temperature detection signal according to environmental temperature (environmental sensor 40 may be a temperature sensor, [0101]);
a heater configured to heat the thermosensitive element (sensing system may include a heating element with a resistance R.sub.H, [0069]); and
a signal processing circuit (processing steps 102 and 103 may be performed locally by a processor within a sensor device, [0040]) configured to:
control a heating temperature of the heater according to the temperature detection signal obtained at a first timing (heating element 20 may heat the sensor 30 to 200° C, [0097]; heating element 20 may also be used as a reference for baseline variation of sensor 30, [0098]; environmental sensor 40 may be configured to measure reference data points to for use in correcting the baseline variation of sensor 30, [0101]; see Step 222 in Fig. 3); and
calculate the concentration of the gas to be detected according to the temperature detection signal obtained at a second timing that is later than the first timing and the gas detection signal obtained at a third timing at which the thermosensitive element is heated by the heater ([0126]-[0127] and Figs. 19A-19B teach heating as indicated by heating element resistance curve 85a, and first, second, and third time intervals 80, 81, 82. Sensor resistance curve 86a indicates sensor response which corresponds with detection of concentration of target analyte).
Regarding claim 3, Makaram teaches wherein the signal processing circuit is configured to: calculate a correction value according to the temperature detection signal obtained at the second timing (Step 222 includes adjusting the sensor data points to correct for baseline variation, [0048]; heating element 20 may also be used as a reference for baseline variation of sensor 30, [0098]; environmental sensor 40 may be configured to measure reference data points to for use in correcting the baseline variation of sensor 30, [0101]); and calculate the concentration of the gas to be detected using the gas detection signal and the correction value (concentration of a target analyte is detected… For corrected sensor response 86b, the respective features of the five time intervals are now advantageously measured from a constant baseline, [0128]).
Regarding claim 4, Makaram teaches wherein the second timing and third timing are a same (see second time interval 81, [0128]; also see t2, t3, [0064]).
Regarding claim 5, Makaram teaches wherein the second timing is later than the third timing (see intervals 81, 82, [0128]; second time interval 81 may correspond to third timing, and third time interval 82 may correspond to second timing).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Makaram as applied to claim 1 above, and further in view of US 20220107285 (herein Tanabe).
Regarding claim 2, Makaram teaches wherein the signal processing circuit includes: a control circuit configured to calculate a level of a reference (concentration of a target analyte is detected, [0128]; see Step 104 in Fig. 3 for output).
Makaram does not explicitly teach obtaining voltage levels. However, voltage is implicitly taught via Ohm’s Law. Since the sensing system uses resistance ([0069]) and current is known and regulated ([0070]), voltage is a product of current and resistance (V=IR).
Makaram also does not explicitly teach using an amplifier. However, Tanabe teaches it is known in the art to utilize amplifiers for comparison to provide for circuit output ([0039]). It would have been obvious to one of ordinary skill in the art before the time of filing to incorporate the amplifier of Tanabe into the ASIC processor of Makaram. One would be motivated to do so for at least the purpose of providing comparison between values for output in a circuit ([0039]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP FADUL whose telephone number is (571)272-5411. The examiner can normally be reached Mon-Thurs 8pm-6pm.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
/PHILIP T FADUL/Examiner, Art Unit 2852