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 .
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 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.
Claim Objections
Claims 2-3 are objected to because of the following informalities:
In claim 2, " the holding device is connected to the main case to be moved toward or away from the main case" in line 3, should be changed to – the holding device is connected to the main case
In claim 3, "member to be inserted into the second opening and press against the hose when the holding" in line 3, should be changed to – member
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “optical detection module” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Examiner’s Note
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages, paragraph and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
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 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 of this title, 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over TSAO et al. (TW 201819890 A) (herein after TSAO) in view of BRUGGER et al. (DE 112012003387 T5) (herein after BRUGGER).
As to claim(s) 1, TSAO discloses an air bubble detector, comprising:
a case having a first side, a second side and a tunnel with a first opening at the first side and a second opening at the second side [Referring to FIG. 2, the tubular body holder 10 has an opening 11 on one side thereof. The tubular body holder 10 has a tubular body through hole 12 and a tubular body receiving groove 13 at the bottom end of the tubular body through hole 12. The tubular body through hole 12 is in communication with the opening 11… page 6]; and
an optical detection module provided in the case and communicated with the tunnel [an optical detection module aperture 15 at the bottom end of the control module receptacle 21, and the optical detection module aperture 15 is perforated with the tubular body 12 communicate… As shown in FIG. 4, the optical detecting module 20 and the control module 21 are in close contact with the outer wall 220 of the hose 22. The optical detection module 20 provides a detection beam 200 to the hose 22. When the detection beam 200 moves to the inner wall 221 of the hose 22…page 6];
wherein a hose is received in the tunnel of the case via the first opening [As shown in Fig. 1, a hose 22 is inserted into the tubular body bore 12 from the opening 11, and the hose 22 is located in the tubular body receptacle 13 and the tubular body bore 12 …page 6], and the optical detection module senses optical signals in the hose [As shown in FIG. 4, the optical detecting module 20 and the control module 21 are in close contact with the outer wall 220 of the hose 22. The optical detection module 20 provides a detection beam 200 to the hose 22…page 6] for determination of air bubbles [the signal limit for bubble detection is determined…page 7].
[Note: while each unit configured to perform as claimed may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function, because apparatus claims cover what a device is, not what a device does].
TSAO discloses all the features of the claimed invention except the limitation such as: “the optical detection module senses optical signals of fluid in the hose determination of air bubbles in the fluid”.
However, BRUGGER from the same field of endeavor discloses an optical detection module senses optical signals of fluid in the hose determination of air bubbles in the fluid [@fig.2; an air bubble sensor to a fluid handling machine (for example 150). Another section 216 from the fluid circuit is free for engagement with a blood component sensor, such as one that detects leakage of blood into the dialysis fluid coming
from the section 216 is forwarded…page 12].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention was made to modify the device/method/system of TSAO such that the optical detection module senses optical signals of the fluid in the hose determination of air bubbles in the fluid as taught by BRUGGER, for the advantages such as: in order to obtain an optimum measurement.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over TSAO et al. in view of BRUGGER et al. and further in view of AMANO et al. (JP 2000-337944 A) (herein after AMANO).
As of claims 2-3, TSAO when modified by BRUGGER discloses all the features of the claimed invention except the limitation such as: “The air bubble detector of claim 1, wherein the case has a main case and a holding device;
the tunnel and the optical detection module are provided in the main case;
the holding device is connected to the main case to be moved toward or away from the main case;
the holding device has a holding member to be inserted into the first opening and press against the hose when the holding device is moved toward the main case.
The air bubble detector of claim 2, wherein the holding device has another holding member to be inserted into the second opening and press against the hose when the holding device is moved toward the main case”.
However, AMANO from the same field of endeavor discloses a case has a main case and a holding device [A connection pressure guiding tube 16 is connected to the measuring liquid tank 10, and an automatic opening / closing coupler 18 is provided at one end of the connection pressure guiding tube 16…page 7];
the tunnel and the optical detection module are provided in the main case [An automatic opening / closing coupler 20 is connected to the pressure receiving chamber 14A of the differential pressure detector 14. The connection pressure guiding tube 16 and the pressure receiving chamber 14A are communicated by a pressure guiding tube 22 forming a pressure guiding path…page 7];
the holding device is connected to the main case to be moved toward or away from the main case [A sliding ring 64 is slidably disposed inside the inserted pipe 61 around the outer periphery of the insertion pipe 2, and the sliding ring 64 is radially moved between the extruded body 62 and the inserted pipe 61 by a return spring 66…page 7];
the holding device has a holding member to be inserted into the first opening and press against the hose when the holding device is moved toward the main case [The sliding ring 64 and the O-ring 70 seal the gap between the extruded body 62 and the inserted tube 61 to prevent the measurement liquid 12 from leaking. A sliding tube 72 is slidably fitted on the outer peripheral side of the inserted tube 61, and a lock ball 74 is provided between the inserted tube 61 and the sliding tube 72…page 7];
wherein the holding device has another holding member to be inserted [The male coupler 50 has an insertion tube 51 at the end thereof, and a slider 52 is provided in the insertion tube 51 to hold the insertion tube 5. 1 is slidably disposed…page 7] into the second opening and press against the hose when the holding device is moved toward the main case [the measuring point is moved by changing the differential pressure detector and the measuring liquid tank according to the excavation of the excavator. However, when installing the pressure guiding tube 22 before the measurement, the automatic opening / closing coupler 24 Is connected to the automatic opening / closing couplers 20 and 18 provided on the side of the differential pressure detector 14 or the side of the measurement liquid tank 10, so that the installation operation can be easily performed…page 9].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention was made to modify the device/method/system of TSAO when modified by BRUGGER such that the case has a main case and the holding device; the tunnel and the optical detection module are provided in the main case; the holding device is connected to the main case to be moved toward or away from the main case; the holding device has the holding member to be inserted into the first opening and press against the hose when the holding device is moved toward the main case; wherein the holding device has another holding member to be inserted into the second opening and press against the hose when the holding device is moved toward the main case; as taught by AMANO, for the advantages such as: to prevent entry of dust and spillage of the measurement liquid.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over TSAO et al. in view of BRUGGER et al. and further in view of TSUCHIDA et al. (US 20220003585 A1) (herein after TSUCHIDA).
As of claims 4-6, TSAO when modified by BRUGGER discloses all the features of the claimed invention except the limitation such as: “The air bubble detector of claim 1, wherein the optical detection module has a first substrate and a photosensor; the first substrate is received in the case, and the photosensor is provided on the first substrate to sense the optical signals of the hose in the tunnel.
The air bubble detector of claim 4, wherein the photosensor has three sensors, two of which are arranged side by side, and the third of which is arranged in an axial direction of the tunnel.
The air bubble detector of claim 1, wherein the optical detection module has a first substrate and two photosensors; the first substrate is received in the case, and the photosensors are provided on the first substrate and kept a predetermined distance in an axial direction of the tunnel to sense illuminance of the hose in the tunnel.”.
However, TSUCHIDA from the same field of endeavor discloses an optical detection module has a first substrate and a photosensor; the first substrate is received in the case, and the photosensor is provided on the first substrate to sense the optical signals of the hose in the tunnel [A fluid detection sensor 1 of the disclosure includes an optical sensor including a light emitting element array 3 including a plurality of light emitting elements 3a and a light receiving element array 4 including a plurality of light receiving elements 4a, the light emitting element array and the light receiving element array being arranged on a substrate 2 along a longitudinal direction of the substrate 2…¶0024];
wherein the photosensor has three sensors, two of which are arranged side by side, and the third of which is arranged in an axial direction of the tunnel [FIGS. 6A and 6B, it is preferable that the plurality of light emitting elements 3a of the light emitting element array 3 and the plurality of the light receiving elements 4a of the light receiving element array 4 form a plurality of pairs. Further, it is preferable that the light emitting element 3a and the light receiving element 4a forming a plurality of pairs are arranged on one substrate 2…¶0064];
wherein the optical detection module has a first substrate and two photosensors; the first substrate is received in the case, and the photosensors are provided on the first substrate and kept a predetermined distance in an axial direction of the tunnel to sense illuminance of the hose in the tunnel [¶0024, 0040].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention was made to modify the device/method/system of TSAO when modified by BRUGGER such that the optical detection module has the first substrate and the photosensor; the first substrate is received in the case, and the photosensor is provided on the first substrate to sense the optical signals of the hose in the tunnel; the photosensor has three sensors, two of which are arranged side by side, and the third of which is arranged in an axial direction of the tunnel; wherein the optical detection module has the first substrate and two photosensors; the first substrate is received in the case, and the photosensors are provided on the first substrate and kept the predetermined distance in the axial direction of the tunnel to sense illuminance of the hose in the tunnel; as taught by TSUCHIDA, for the advantages such as: to determine the presence or absence or size of air bubbles in the fluid…¶0027.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over TSAO et al. in view of BRUGGER et al. and further in view of WEN et al. (CN 115791540 A) (herein after WEN).
As of claim 8, TSAO when modified by BRUGGER discloses all the features of the claimed invention except the limitation such as: “The air bubble detector of claim 1, wherein the optical detection module has the charge-coupled device received in the case to capture optical images of the hose in the tunnel.”.
However, WEN from the same field of endeavor discloses an optical detection module has the charge-coupled device received in the case to capture optical images of the hose in the tunnel [the calibrated bubble generator 120 is used to test the bubble detection sensor 122. The bubble detection sensor 122 may be an ultrasonic sensor, such as an AD-101 sensor, which is commercially available from Taycoac electronics (TE Connectivity). The bubble measurement system 100 calibrates the bubble generator 120 to accurately test the bubble detection sensor 122. The bubble detection sensor 122 may be tested at the same workstation that operates the bubble measurement system 100. Alternatively, the bubble measurement system 100 may be used to calibrate the bubble generator 120…page 5][ Image acquisition occurs during the exposure activation signal 314. The exposure activation signal may occur at the exposure start delay period 316. After exposing the activation signal 314, the imaging system 126 proceeds to readout 318 and analyzes the image…page 7].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention was made to modify the device/method/system of TSAO when modified by BRUGGER such that the optical detection module has the charge-coupled device received in the case to capture optical images of the hose in the tunnel; as taught by WEN, for the advantages such as: to measure the bubble size of each air bubble passing through the bubble detector…see abstract.
Allowable Subject Matter
Claim 7 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 7, the prior arts alone or in combination fails to disclose the claimed limitations such as “wherein the first substrate has a bore between the photosensors; the optical detection module further has a second substrate received in the case and distal to the tunnel than the first substrate and a charge-coupled device connected to the second substrate, which has a lens aligned with the bore of the first substrate, to capture optical images of the hose in the tunnel” along with all other limitations of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD M RAHMAN whose telephone number is (571)272-9175. The examiner can normally be reached Mon-Thur.
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MD M. RAHMAN
Primary Patent Examiner
Art Unit 2886
/MD M RAHMAN/Primary Examiner, Art Unit 2877